Supplementary Material to the Economic Analysis for the Proposed Revised Definition of Waters of the United States Rule


Supplementary Material to the
Economic Analysis for the
Proposed "Revised
Definition of6Waters of
the United States'" Rule

U.S. Environmental Protection Agency

and

Department of the Army

November 18, 2021

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Compendium of State and Tribal Regulatory Practice

1.	State-by-State Program Descriptions	1

2.	Tribe-by-Tribe CWA Authorization	95

3.	References	225

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Acronyms

Agencies	Environmental Protection Agency and U.S. Army Corps of Engineers

Army	Department of Army

AJD	Approved Jurisdictional Determinations

ATTAINS	Assessment and Total Maximum Daily Load Tracking and Implementation
System

CERCLA	Comprehensive Environmental Response, Compensation, and Liability Act

CFR	Code of Federal Regulations

Corps	U.S. Army Corps of Engineers

CWA	Clean Water Act

DA	District Attorney

DEM	Department of Environmental Management

DEP	Department of Environmental Protection

DNR	Department of Natural Resources

EPA	Environmental Protection Agency

FEMA	Federal Emergency Management Agency

FRP	Facility Response Plan

FWPA	Freshwater Wetlands Protection Act

FY	Fiscal Year

GIS	Geographic Information Systems

ICIS-NPDES	Integrated Compliance Information System National Pollutant Discharge
Elimination System

ICR	Information Collection Request

IR	Interpretive Rule

JDs	Jurisdictional Determinations

NED	National Elevation Dataset

NFPA	National Fire Prevention Association

NPDES	National Pollutant Discharge Elimination System

NHD	National Hydrography Dataset

NHDPlus	National Hydrography Dataset Plus

NPDES	National Pollutant Discharge Elimination System

NRC	National Response Center

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NRCS	Natural Resources and Conservation Service

NRPA	Natural Resources Protection Act

NWI	National Wetlands Inventory

MassDEP	Massachusetts Department of Environmental Protection

ORM2	Operation and Maintenance Business Information Link, Regulatory Module

PJD	Preliminary Jurisdictional Determinations

PPT	Parts per Thousand

PSTR	Petroleum Storage Tank Remediation

Rapanos	Rapanos v. United States, 547 U.S. 715 (2006)

RPW	Relatively Permanent Waters

RPA	Resource and Programmatic Assessment

SDWIS/FED	Safe Drinking Water Information System/Federal Version

SPAs	Source Protection Areas

SPCC	Spill Prevention, Control, and Countermeasure

SWANCC	Solid Waste Agency of Northern Cook County v. United States Army Corps
of Engineers, 531 U.S. 159 (2001)

TMDLs	Total Maximum Daily Load determinations

TNW	Traditional Navigable Water

UAA	Use Attainability Analysis

USGS	U.S. Geological Survey

WBD	Watershed Boundary Dataset

WQS	Water Quality Standards

WRRDA Water Resources Reform and Development Act

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Compendium of State and Tribal Regulatory Practice

1. State-by-State Program Descriptions
A.

States play an important role in managing water resources across the country and implementing
Clean Water Act (CWA) programs. This appendix provides a snapshot of the current status of
states, including the District of Columbia and the U.S. Territories, regarding CWA programs,
definitions of state waters, and the scope of state jurisdiction, as well as additional information
on state-level regulations and/or policies that affect waters of the state. The U.S. Environmental
Protection Agency (EPA) and the Department of the Army (Army) ("the agencies") compiled
this information to describe the breadth of state authorities and to provide a current picture of
state regulatory management of water resources.

For the purpose of this snapshot, the agencies compiled information from multiple state and
federal sources, as well as from previous analyses undertaken by independent associations and
institutions. Information on the various CWA programmatic areas (e.g., CWA section 303, 311,
401, 402, and 404 programs) was drawn from agency websites, numerous publications, maps,
and from EPA regional staff. The agencies gathered information on state and territorial water
laws and programs through state and territorial agency websites. The agencies have identified
where states have authorities to implement CWA programs. Where states do not have authority
to implement CWA programs, the agencies have attempted to identify where states regulate
activities through permit programs or other similar mechanisms.

In determining where states regulate waters that are not federally jurisdictional under the CWA,
the agencies relied primarily on state laws and regulations, identified through publicly available
resources. However, some states implement dredge and fill programs in non-federally
jurisdictional waters as directed by implementation guidance and policies that may not be
available in the databases the agencies used. Thus, the agencies also relied on information
contained in the 2013 Environmental Law Institute (ELI) report entitled "State Constraints:
State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal CWA."1 While the agencies recognize that there have been concerns regarding
other findings in the ELI report, to date they are not aware of any critiques of the report's
findings regarding the ability of those states identified in the report as being able to regulate
discharges of dredged or fill material into waters outside the scope of the CWA.

Definitions for state and territorial waters, including wetlands, were drawn from online
directories of regulatory titles and codes, and thus directly from state laws. Many state
definitions of wetlands rely directly or indirectly on the federal regulatory definition of wetlands,
as follows:

"Wetlands are areas that are inundated or saturated by surface or ground water at a

frequency and duration sufficient to support, and that under normal circumstances do

1 Environmental Law Institute. 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate
Waters Beyond the Scope of the Federal CWA. ELI Project No. 0931-01.

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support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas."2

An earlier draft of these summaries was shared with state and territorial agencies for
corrections.3 Following the June 9, 2021 Declarations from the EPA and Army which set the
intention for a revision to the definition of "waters of the United States", this document was
further updated to reflect changes which have occurred since the Navigable Waters Protection
Rule was implemented.4 The agencies seek comment on the findings which are described below.

B. ALABAMA

Definition of Waters of the State:

• All waters of any river, stream, watercourse, pond, lake, coastal, ground or surface water,
wholly or partially within the state, natural or artificial. This does not include waters
which are entirely confined and retained completely upon the property of a single
individual, partnership or corporation unless such waters are used in interstate
commerce.5

Definition of Wetlands:

• Those areas delineated pursuant to the technical criteria described in the Federal Wetland
Delineation Manual that is currently being used by the Corps and/or any updated manual
that may be used in the future. Wetlands do not include those areas which exist solely
due to man-induced conditions such as roadside ditches or man-made impoundments
excepting those areas created as mitigation sites.6

• Those areas as defined by the Corps regulations.7

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.8

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

2 33 CFR 328.3(c) and 40 CFR 232.2.

3 The agencies received responses to the draft assessments from twenty-four states and two territories from all regions of the
country. Of those responses, twenty-five were from that state or territory department for the environment or natural resources,
and one was from the department of public health. These responses can be found in the Step Two Proposed Rule docket at EPA-
HQ-OW-2018-0149-0075, available at https://www.regulations.gov/document?D=EPA-HO-OW-2Ql8-0149-0075.

4 Declarations of Radhika Fox and Jaime A. Pinkham, filed in Conservation Law Found, et al. v, EPA et al., 20-cv-
10820-DPW (D. Mass. Jun. 9, 2021) as well as in every other district court challenge to the NWPR.

5 Ala. Code section 22-22-1(2).

6 Ala. Admin. Code r. 335-8-1-,02(nnn).

7 Ala. Admin. Coder. 335-13-l-.03(146).

8 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at

https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 4 in coordination with the state of
Alabama.

• Facilities with aboveground storage tanks must register with state, completing a form
with location, tanks capacity, substance store and use. State has a spill trust fund, and
facilities must comply with state of Alabama Department of Environmental Management
code and 40 CFR part 112 to be eligible to access trust fund.9

• State code authorizes cost recovery for spills and related damages.10

401 Certification:

• The state has authority to certify, conditionally certify, waive review, or deny
certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.

402 NPDES Program:

• EPA has approved the state of Alabama to administer the NPDES permitting program.
The state issues its permits through the Alabama Department of Environmental
Management. Alabama has an authorized NPDES permit program, pretreatment program,
general permits program, and is authorized to regulate federal facilities. Alabama does
not have an authorized biosolids program.11

• EPA has issued one NPDES permit for aquaculture in offshore waters.12

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in coastal surface waters
and wetlands13 and submerged lands.14

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR

Regulatory Change: New state permit for CAFOs allows ADEM Administrator to
determine jurisdictional status of waters CAFOs discharge into, untethered from CWA
definitions of WOTUS, or statutory or regulatory definitions of Waters of the State.15

Definition of Waters of the State:

• Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams,
creeks, estuaries, marshes, inlets, straits, passages, canals, the Pacific Ocean, Gulf of

9 Ala. Admin. Code chapter 335-6-15.

10 Ala. Code section 22-22-9.

11 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

12 EPA, Alabama NPDES Permits, available at https://www.epa.gov/npdes-permits/alabama-npdes-permits.

13 Ala. Admin. Code r. 335-8-2-.02. State regulations require mitigation through the creation or restoration of wetlands when
there are wetland impacts resulting from an approved project. Ala. Admin. Code r. 335-8-2-.03.

14 Ala. Admin. Code r. 220-4-.01 et seq.

15 Ala. Admin. Code r. 335-6-7-. 11

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Alaska, Bering Sea, and Arctic Ocean, in the territorial limits of the state, and all other
bodies of surface or underground water, natural or artificial, public or private, inland or
coastal, fresh or salt, which are wholly or partially in or bordering the state or under the
jurisdiction of the state.16

Definitions of Wetlands:

• Freshwater wetlands: environments characterized by rooted vegetation that is partially
submerged either continuously or periodically by surface freshwater with less than 0.5
parts per thousand salt content and not exceeding three meters in depth.17

• Saltwater wetlands: coastal areas along sheltered shorelines characterized by halophilic
hydrophytes and macro algae extending from extreme low tide to an area above extreme
high tide that is influenced by sea spray or tidally induced water table changes.18

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.19

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 10 in coordination with the state of
Alaska.

• Facilities with small aboveground storage tanks are regulated by State Fire Marshal.

State regulates facilities with larger storage capacities (>420,000 gallons for refined
products; lower for crude oil); state relies on EPA's SPCC regulations for facilities
(>1,320 up to 420,000 gallons).20

• State code authorizes cost recovery for spills and related damages; state has a spill trust
fund.21

401 Certification:

402 NPDES Program:

• EPA has approved the state of Alaska to administer the NPDES permitting program. The
state issues its permits through the Alaska Department of Environmental Conservation.

16 Alaska Stat, section 46.03.900(37).

17 Alaska Admin. Code tit. 18, section 75.990(44).

18 Alaska Admin. Code tit. 18, section 75.990(110).

19 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

20 Alaska Admin. Code tit. 18, chapter 15.

21 Alaska Stat, sections 46.03.822,46.03.824,46.03.758-759,46.08.005 etseq.

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Alaska has an authorized NPDES permit program, pretreatment program, general permits
program, and is authorized to regulate federal facilities. Alaska does not have an
authorized biosolids program.22

• EPA issues all NPDES permits for federally-owned facilities located in Denali National
Park; facilities operating outside State waters (three miles offshore); facilities that have
been issued Clean Water Act Section 301(h) waivers; and all permits on tribal lands.23

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in submerged lands.24

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No Change

D. AMERICAN SAMOA

Definition of Waters of the Territory:

• Waters of the United States as defined in 40 CFR 122.2, as well as those that are located
within the jurisdiction of the territory.25

Definition of Wetlands:

• Those areas that are inundated or saturated by ground or surface water at a frequency and
duration sufficient to support, and under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include, but are not limited to, swamps, marshes, mangroves, streams, springs, cultivated
marshes, and similar areas.26

Additional Territory Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• Territory does not have an aboveground storage tank management or regulatory program
and relies on EPA to directly implement federal spill prevention and preparedness
regulations.

401 Certification:

• The territory has authority to certify, conditionally certify, waive review or deny
certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.

402 NPDES Program:

22 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

23 EPA, Alaska NPDES Permits, available at https://www.epa.gov/npdes-permits/alaska-npdes-permits.

24 Alaska Stat, section 38.05; 11 AAC 61.010 et seq.

25 American Samoa Admin. Code section 24.0201.

26 Id.

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• EPA issues all NPDES permits within American Samoa.27

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has territory authority to issue permits for dredged and fill activities in coastal surface
waters and wetlands.28

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No Change

Definition of Waters of the State:

• All waters within the jurisdiction of the state including all perennial or intermittent
streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells,
aquifers, springs, irrigation systems, drainage systems, and other bodies or accumulations
of surface, underground, natural, artificial, public or private water situated wholly or
partly in or bordering on the state.29

Definition of Wetlands:

• An area that is inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances does support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. A wetland
includes a swamp, marsh, bog, cienega, tinaja, and similar areas.30

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.31

Additional State Conditions and Requirements:

• The Governor's Regulatory Review Council is prohibited from approving a state rule that
is more stringent than a corresponding federal law unless there is a statutory authority to
exceed the requirements of that federal law.32

• Arizona Department of Environmental Quality also must ensure that all state laws, rules,
standards, permits, variances, and orders are adopted and construed to be consistent with
and no more stringent than the corresponding federal law that addresses the same subject
matter.33

27 EPA, American Samoa NPDES Permits, available at https://www.epa.gov/npdes-permits/american-samoa-npdes-permits.

28 American Samoa Admin. Code sections 26.0201 et seq.

29 Ariz. Rev. Stat, section 49-201(41).

30 Ariz. Admin. Code section 18-11-101(49).

31 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

32 Ariz. Rev. Stat, section 41-1052.

33 Ariz. Rev. Stat, section 49-104.

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• Department of Environmental Quality is specifically prohibited from adopting any
requirement that is more stringent than the point source permitting requirements under
the federal CWA.34

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 9 in coordination with the state of
Arizona.

• Facilities with aboveground storage tanks must register with State Fire Marshal.35

• State code authorizes cost recovery for spills and related damages; state has a spill trust
fund.36

401 Certification:

402 NPDES Program:

• EPA has approved the state of Arizona to administer the NPDES permitting program.
The state issues its permits through the Arizona Department of Environmental Quality.
Arizona has an authorized NPDES permit program, pretreatment program, general
permits program, biosolids program, and is authorized to regulate federal facilities.37

• EPA issues all NPDES permits on tribal lands.38

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in submerged lands.39

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR

• Legislative Change40

o "Surface Water Protection Program" (HB 2691), enacted in May 2021, will allow ADEQ
to protect specifically listed non-WOTUS surface waters of the state. The legislation
applies to some specific waters, and to other waters used as sources of drinking water, for
fishing, and for recreation. It also applies to perennial or intermittent waters that cross
state, tribal, and nation boundaries, and to wetlands adjacent to the waters on the list.

34 Ariz. Rev. Stat, section 49-203.

35 Ariz. Admin. Code sections 4-36-201 et seq.

36 Ariz. Rev. Stat, sections 49-285,49-262, 49-282.

37 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

38 EPA, Arizona NPDES Permits, available at https://www.epa.gov/npdes-permits/arizona-tribal-lands-npdes-permits-excluding-
navaio-nation.

39 Ariz. Rev. Stat sections 37-1101,1153.

40 HB2691 passed 5/5/21: https://www.azleg.gov/legtext/551eg/lR/laws/0325.pdf

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Proposed Change41

o ADEQ has issued a draft list of protected surface waters, largely based on existing Corps
JDs, and screening tools which have not been released to the public yet.

F. ARKANSAS

Definition of Waters of the State:

• All streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, and all other bodies or accumulations of water, surface and
underground, natural or artificial, public or private, which are contained within, flow
through, or border upon this state or any portion of the state.42

Definition of Wetlands:

• An area that has water at or near the surface of the ground at some time during the
growing season (wetland hydrology). It contains plants that are adapted to wet habitats
(hydrophytic vegetation) and is made up of soils that have developed under wet
conditions (hydric soils) or any other definition promulgated by the Commission.43

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.44

Additional State Conditions and Requirements:

• The Arkansas Pollution Control and Ecology Commission is subject to stringency
requirements; prior to promulgating certain rules and regulations that are more stringent
than federal requirements the Commission must consider its economic impact on and
environmental benefit for the people of Arkansas.45

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 6 in coordination with the state of
Arkansas.

• Facilities with aboveground storage tanks must register tanks with the state and are
subject to inspection by the state.46

41 Draft/proposed implementation tools. WOTUS "Screening Toolkit": https://azdeq.gov/ScreeningToolkit Draft Protected
Surface Water List: https://static.azdea.gov/wad/wotus/pswl.pdf

42 Ark. Code section 8-4-102(10).

43 Ark. Code R. 138.00.07-003, available at http://170.94.37.152/REGS/138.00.07-003F-9429.pdf.

44 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

45 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of
the Federal CWA, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

46 Arkansas Pollution Control and Ecology Commission, 2014. Regulation No. 12, available at
https://www.adeq.state.ar.us/regs/files/regl2 final 20140714.pdf.

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• State code authorizes cost recovery for spills and related damages; state has a spill trust
fund.47

401 Certification:

402 NPDES Program:

• EPA has approved the state of Arkansas to administer the NPDES permitting program.
The state issues its permits through the Arkansas Division of Environmental Quality.
Arkansas has an authorized NPDES permit program, pretreatment program, general
permits program, and is authorized to regulate federal facilities. Arkansas does not have
an authorized biosolids program.48

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in submerged lands.49

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No Change

Definition of Waters of the State:

• Any surface water or groundwater, including saline waters, within boundaries of the
State.50

Definitions of Wetlands:

• An area is wetland if, under normal circumstances, (1) the area has continuous or
recurrent saturation of the upper substrate caused by groundwater, or shallow surface
water, or both; (2) the duration of such saturation is sufficient to cause anaerobic
conditions in the upper substrate; and (3) the area's vegetation is dominated by
hydrophytes or the area lacks vegetation.51

• Under the California Coastal Act, wetlands are: lands within the coastal zone which may
be covered periodically or permanently with shallow water and include saltwater
marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats,
and fens.52

47 Ark. Code sections 84-103, 8-7-514, 8-7-509.

48 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

49 Ark. Code section 22-6-202.

50 Cal. Wat. Code section 13050(e).

51 California State Water Resources Control Board, State Wetland Definition and Procedures for Discharges of Dredged or Fill
Material to Waters of the State (April 2,2019), available at

https://www.waterboards.ca.gov/water issues/programs/cwa401/docs/procedures conformed.pdf.

52 Cal. Pre. Code section 30121.

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• The California Coastal Commission provides a further definition of coastal wetlands:
land where the water table is at, near, or above the land surface long enough to promote
the formation of hydric soils or to support the growth of hydrophytes, and shall also
include types of wetland where vegetation is lacking and soil is poorly developed or
absent as a result of frequent drastic fluctuations of surface water levels, wave action,
water flow, turbidity or high concentration of salts or other substances in the substrate.
Such wetlands can be recognized by the presence of surface water or saturated substrate
at some during each year and their location within, or adjacent to vegetated wetland or
deepwater habitats.53

No Net Loss Goal for Wetlands:

• Has a formal net gain/increase goal for wetlands.54

Additional State Conditions and Requirements:

• No limitations identified

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 9 in coordination with the state of
California.

• Facilities with aboveground storage tanks are regulated by the State Fire Marshal by state
code and are required to register tanks. State inspects facilities with total storage
capacities above 10,000 gallons. All subject facilities required to comply with EPA's
regulation, 40 CFR part 112.55

• State code authorizes cost recovery for spills and related damages; state has a spill trust
fund.56

401 Certification:

402 NPDES Program:

• EPA has approved the state of California to administer the NPDES permitting program.
The state issues its permits through the California Environmental Protection Agency.
California has an authorized NPDES permit program, pretreatment program, general
permits program, and is authorized to regulate federal facilities. California does not have
an authorized biosolids program.57

53 Cal. Code Regs. tit. 14 section 13577(b)(1).

54 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

55 Cal. Health and Safety Code sections 25270 et seq.

56 Cal. Gov. Code sections 8670.56.5, 8670.66, 8670.67, 8670.46, 8670.48.

57 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

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• EPA issues all NPDES permits on tribal lands and for any discharges into federal ocean

waters.

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,59 including isolated waters.60

Changes Since Publication of the NWPR

• Regulatory Change61

o On January 26, 2021, the Sacramento Superior Court issued a judgment in San
Joaquin Tributaries Authority v. California State Water Resources Control Board
enjoining the board from applying the State Wetland Definition and Procedures
for Discharges of Dredged or Fill Material to Waters of the State to non-WOTUS
state waters via the Water Quality Control Plan under California Water Code
§13170.

o On April 6th, 2021, the State Water Board issued a resolution affirming that the
State Wetland Definition and Procedures for Discharges of Dredged or Fill
Material to Waters of the State would be adopted only for WOTUS via the Water
Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries,
and for all state waters as a state policy for water quality control pursuant to
§13140.

• New Guidance62

o Final guidance describing permitting procedures & evaluation criteria for
implementing the Dredge or Fill Procedures was issued on April 21, 2020.

• Implementation Change63

58 EPA, NPDES Permits in California, available at https://www.epa.gov/npdes-permits/npdes-permits-california-excluding-tribal-
permits.

59 Cal. Wat. Code sections 13000 et seq. (dredging and filling constitutes a discharge of waste to waters of the state); Cal. Pre.
Code sections 30000 et seq. (protection of coastal wetlands from dredged and fill activities); See also Memorandum from Celeste
Cantu, Executive Director, California Environmental Protection Agency to Regional Board Executive Officers (Jun. 2, 2004),
available at http://www.swrcb.ca.gov/water issues/programs/cwa401/docs/isol waters guid.pdfi California State Water
Resources Control Board, State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the
State (April 2, 2019), available at

https://www.waterboards.ca.gov/water issues/programs/cwa401/docs/procedures conformed.pdf.

60 Memorandum from Celeste Cantu, Executive Director, California Environmental Protection Agency to Regional Board
Executive Officers (Jun. 2,2004), available at

http://www.swrcb.ca.gov/water issues/programs/cwa401/docs/isol waters guid.pdf; ELI, 2013. State Constraints: State-Imposed
Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the Federal Clean Water Act, available at
https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf. California State Water Resources Control Board, State Wetland
Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (April 2,2019), available at
https://www.waterboards.ca.gov/water issues/programs/cwa401/docs/procedures conformed.pdf.

61 State Water Resources Control Board Resolution No. 2021-0012, available at
https://www.waterboards.ca.gov/water issues/programs/cwa401/docs/wrapp/rs2021 0012.pdf

62 State Water Resources Control Board, State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to
Waters of the State; available at

https://www.waterboards.ca.gov/water issues/programs/cwa401/docs/dredge fill/revised guidance.pdf

63 State Water Resources Control Board Resolution No. 2021-0012, available at
https://www.waterboards.ca.gov/water issues/programs/cwa401/docs/wrapp/rs2021 0012.pdf

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o Declarations by SWRCB (Bishop) & CDFW (Ferranti) representatives in

California us. Wheeler. As noted in the Bishop declaration, the State Board and nine
Regional Boards lack funding, capacity and training to conduct & review aquatic
resource delineations, still relying on USACE JDs in large part. Similarly lack capacity
for third-party mitigation review (many RBs do not participate on IRTs), as fed
jurisdiction has contracted over important AR types, e.g., vernal pools. CDFW has not
made any regulatory changes to their Lake & Streambed Alteration program (LSA) tied
to NWPR. The jurisdiction of LSA is not precisely established but is generally
understood to extend to upland riparian areas, lacustrine & riverine wetlands but not
isolated wetlands in most cases. Ferranti declaration describes pattern of illegal vernal
pool landscape conversion & suggests it will worsen with loss of federal permitting
requirements as CDFW is not notified of pending impacts to lands supporting state-listed
species. Does not describe impacts of NWPR on LSA program.

• Proposed Change64

o No proposed changes to state waters jurisdiction. Proposed AB 377 would require state &
regional boards to develop plans to bring all water segments into attainment by 2050 &
establish Waterway Recovery Account funded by enforcement penalties.

H. CGI

Definition of Waters of the State:

• Any and all surface and subsurface waters which are contained in or flow in or through
this state, but does not include waters in sewage systems, waters in treatment works of
disposal systems, waters in potable water distribution systems, and all water withdrawn
for use until use and treatment have been completed.65

Definition of Wetlands:

No Net Loss Goal for Wetlands:

• Has an informal no net loss goal for wetlands.67

Additional State Conditions and Requirements:

• The Colorado Department of Public Health and Environment is prohibited from requiring
permits for irrigation flows (or return flows), or permits for various kinds of agricultural
waste, except as required by the federal CWA. Where permits are required, their
provisions cannot be more stringent than what is required by the federal CWA.68

64 California Proposed AB-377, available at

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml7bill id=202120220AB377.

65 Colo. Rev. Stat, section 25-8-103(19).

66 5 Code Colo. Regs. 1002-31.5(51).

67 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

68 Colo. Rev. Stat, section 25-8-504.

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• State imposes limitations regarding water quality provisions with respect to the right to
divert and use water.69

• The Water Quality Control Commission may adopt rules more stringent than
corresponding enforceable federal requirements only if it is demonstrated at a public
hearing, and the commission finds, based on sound scientific or technical evidence in the
record, that state rules more stringent than the corresponding federal requirements are
necessary to protect the public health, beneficial use of water, or the environment of the
state. Those findings shall be accompanied by a statement of basis and purpose referring
to and evaluating the public health and environmental information and studies contained
in the record which form the basis for the commission's conclusion. The existing policies,
rules, and regulations of the commission and division shall be applied in conformance
with section 25-8-104 and this section.70

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 8 in coordination with the state of
Colorado.

• State aboveground storage tank regulations apply to tanks with capacities greater than
660 gallons and less than 40,000 gallons; tanks at crude oil production and mining
facilities are exempt. Regulations require permits, registration and facility inspection.71

• State code authorizes cost recovery for spills and related damages; state has a spill trust
fund.72

401 Certification:

402 NPDES Program:

• EPA has approved the state of Colorado to administer the NPDES permitting program.
The state issues its permits through the Colorado Department of Public Health &
Environment. Colorado has an authorized NPDES permit program and general permits
program. Colorado does not have an authorized biosolids program, pretreatment program,
and is not authorized to regulate federal facilities.73

• EPA issues all NPDES permits on tribal lands.74

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

69 Colo. Rev. Stat, section 25-8-104.

70 Colo. Rev. Stat, section 25-8-202(8).

71 7 Code Colo. Regs. 1101-14.

72 Colo. Rev. Stat, sections 34-60-121, 34-60-124.

73 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

74 EPA, Colorado NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/colorado-npdes-permits.

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• Does not have state authority to issue permits for dredged and fill activities in surface
waters and wetlands.

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR

• Proposed Change75

o The Colorado Department of Public Health and Environment (CDPHE)

developed a draft bill to establish a state dredge and fill permitting program that
would cover "gap waters" (i.e., those waters that would have been jurisdictional
under pre-2015 practice but are no longer jurisdictional under the NWPR). This
bill was never introduced during the 2021 legislative session, however, CDPHE
has stated that they will be working with the Water Resources Review Committee
to focus on the draft bill during the Interim Session.

I. II IE COMMONWEALTH OF II IE NORTI IERN MARIANA ISLANDS

Definitions of Waters of the Territory:

• All marine, fresh water bodies, and ground water in the Commonwealth.76

• Commonwealth or state waters means all waters, fresh, brackish, or marine, including
wetlands, surrounding or within the Commonwealth.77

Definition of Wetlands:

• Areas that are inundated or saturated by surface or groundwater with a frequency
sufficient to support a prevalence of plant or aquatic life that requires seasonally saturated
soil conditions for growth and/or reproduction. Wetlands include swamps, marshes,
mangroves, lakes, natural ponds, surface springs, streams, estuaries and similar areas in
the Northern Mariana Islands archipelago. Wetlands include both wetlands connected to
other waters and isolated wetlands. Wetlands do not include those artificial wetlands
intentionally created to provide treatment of wastewater or stormwater runoff78

Additional Territory Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• Territory has prescriptive aboveground storage tank regulations, incorporating the
Uniform Fire Code, industry standards, and spill prevention requirements.79

401 Certification:

75 CDPHE https://cdphe.colorado.gov/water-qualitv-waters-united-states

76 NMIAC section 65-130-001.

77 NMIAC section 65-130-015(1).

78 Commonwealth of the Northern Mariana Islands Admin. Code section 65-130-015(aa).

79 Commonwealth of the Northern Mariana Islands Admin. Code sections 65-5-001 et seq.

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• The territory has authority to certify, conditionally certify, waive review, or deny
certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.

402 NPDES Program:

• EPA issues all NPDES permits within the Commonwealth of the Northern Mariana
Islands.80

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has territory authority to issue permits for dredged and fill activities in coastal surface
waters and wetlands.81

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR

• Proposed Change82

o BECQ has proposed minor changes to their definition of 'commonwealth waters'
to clarify they include all fresh, brackish and marine waters including wetlands,
streambeds, and groundwater.

J. CONNECTICUT

Definition of Waters of the State:

• All tidal waters, harbors, estuaries, rivers, brooks, watercourses, waterways, wells,
springs, lakes, ponds, marshes, drainage systems, and all other surface or underground
streams, bodies, or accumulations of water, natural or artificial, public or private, which
are contained within, flow through, or border upon this state or any portion thereof.83

Definitions of Wetlands:

• The term wetlands refers to freshwater wetlands under the Inland Wetlands and
Watercourses Act and refers to tidal wetlands under the Tidal Wetlands Act.

• Tidal Wetlands Act: those areas which border on or lie beneath tidal waters, such as, but
not limited to banks, bogs, salt marsh, swamps, meadows, flats, or other low lands subject
to tidal action including those areas now or formerly connected to tidal waters, and whose
surface is at or below an elevation of one foot above local extreme high water; and upon
which may grow or be capable of growing some, but not necessarily all, of the species
listed in the statute.84

80 EPA, Commonwealth of the Northern Mariana Islands NPDES Permits, available at https://www.epa.gov/npdes-
permits/commonwealth-northern-mariana-islands-npdes-permits.

81 Commonwealth of the Northern Mariana Islands Admin. Code sections 15-10-001 etseq.

82 6 5 N. Mar. I. Code § 130

83 Conn. Gen. Stat, section 22a-423.

84 Conn. Gen. Stat, section 22a-29.

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• Inland Wetlands and Watercourses Act: land, including submerged land, not regulated
pursuant to sections 22a-28 to 22a-35, inclusive, which consists of any of the soil types
designated as poorly drained, very poorly drained, alluvial, and floodplain by the
National Cooperative Soils Survey, as may be amended from time to time, of the Natural
Resources Conservation Service of the United States Department of Agriculture.85

o "Watercourses" are defined under IWWCA as: "rivers, streams, brooks,

waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water,
natural or artificial, vernal or intermittent, public or private, which are contained
within, flow through or border upon this state or any portion thereof, not regulated
pursuant to sections 22a-28 to 22a-35, inclusive. Intermittent watercourses shall
be delineated by a defined permanent channel and bank and the occurrence of two
or more of the following characteristics: (A) Evidence of scour or deposits of
recent alluvium or detritus, (B) the presence of standing or flowing water for a
duration longer than a particular storm incident, and (C) the presence of
hydrophytic vegetation".86

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.87

Additional State Conditions and Requirements:

• No limitations identified

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 1 in coordination with the state of
Connecticut.

• Connecticut does not have any specific rules governing aboveground storage tanks.
Connecticut's Flammable and Combustible Liquids Code adopts by reference the
National Fire Protection Association standards that govern aboveground storage tank
design, installation, upgrade, repair, and closure. The requirements are administered
locally.88

• State code authorizes cost recovery for spills and related damages; state does not have a
spill trust fund covering aboveground storage tanks.89

401 Certification:

85 Conn. Gen. Stat, section 22a-38.

86 Ibid.

87 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

88 Conn. Gen. Stat, sections 29-291 et seq.

89 Conn. Gen. Stat, sections 22a-438, 22a-452.

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• The state has authority to certify, conditionally certify, waive review, or deny
certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.

402 NPDES Program:

• EPA has approved the state of Connecticut to administer the NPDES permitting program.
The state issues its permits through the Connecticut Department of Energy and
Environmental Protection. Connecticut has an authorized NPDES permit program,
pretreatment program, general permits program, and is authorized to regulate federal
facilities. Connecticut does not have an authorized biosolids program.90

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,91 including isolated waters.92

Changes Since Publication of the NWPR: No change

Definition of Waters of the State:

• All water, on the surface and under the ground, wholly or partially within, or bordering
the State of Delaware, or within its jurisdiction including but not limited to: (a) Waters
which are subject to the ebb and flow of the tide including, but not limited to, estuaries,
bays and the Atlantic Ocean; (b) All interstate waters, including interstate wetlands; (c)
All other waters of the State, such as lakes, rivers, streams (including intermittent and
ephemeral streams), drainage ditches, tax ditches, creeks, mudflats, sandflats, wetlands,
sloughs, or natural or impounded ponds; (d) All impoundments of waters otherwise
defined as waters of the State under this definition; and (e) Wetlands adjacent to waters
(other than waters that are themselves wetlands) identified in (a) through (d). Waste and
stormwater treatment systems including, but not limited to, treatment ponds or lagoons
designed to meet the requirements of the Act (other than cooling ponds which otherwise
meet the requirements of subsection (1) of this definition) are not "State waters" or
"Waters of the State."93

Definitions of Wetlands:

90 EPA, Connecticut NPDES Permits, available at https://www.epa.gov/npdes-pennits/connecticut-npdes-pennits.

91 Conn. Gen. Stat, sections 22a-36 et seq., 22a-90 et seq., 22a-359 etseq.

92 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of
the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

93 7-7201 Del. Admin. Code 2.0.

94 Id.

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• Under the Delaware Wetlands Act95 and Wetlands Regulations96: Those lands above the
mean low water elevation including any bank, marsh, swamp, meadow, flat or other low
land subject to tidal action in the State of Delaware along the Delaware Bay and
Delaware River, Indian River Bay, Rehoboth Bay, Little and Big Assawoman Bays, the
coastal inland waterways, or along any inlet, estuary or tributary waterway or any portion
thereof, including those areas which are now or in this century have been connected to
tidal waters, whose surface is at or below an elevation of two feet above local mean high
water, and upon which may grow or is capable of growing any but not necessarily all of
the plants listed in the statute.

No Net Loss Goal for Wetlands:

• Has a formal net gain/increase goal for wetlands.97

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 3 in coordination with the state of
Delaware.

• Facilities with aboveground storage tanks greater than 250 gallons must register with
state; additional technical requirements and fees apply based on tank size.98

• State code authorizes cost recovery for spills and related damages; state does not have a
spill trust fund covering aboveground storage tanks.99

401 Certification:

402 NPDES Program:

• EPA has approved the state of Delaware to administer the NPDES permitting program.
The state issues its permits through the Delaware Department of Natural Resources and
Environmental Control. Delaware has an authorized NPDES permit program and state
general permits program. Delaware does not have an authorized biosolids program,
pretreatment program, and is not authorized to regulate federal facilities.100

404 Dredged and Fill Permitting:

95 Del. Code tit. 7, section 6601 etseq.

96 7-7502 Del. Admin. Code 5.0.

97 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

98 7-1352 Del. Admin. Code 1.0 etseq.

99 Del. Code tit. 7, sections 6205, 6207.

100 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

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• Has not assumed the 404 program.101

• Has state authority to issue permits for dredged and fill activities in surface waters and
tidal wetlands.102

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR

• Implementation Change103

o Clean Water for Delaware Act (signed 7/22/21) — The Clean Water for Delaware
Act establishes a framework for assessing needs and planning and implementing
projects that support Delaware's efforts to improve the quality of the State's water
supply and waterways. A Delaware Clean Water Trust account is created as a
funding source for executing projects highlighted by this framework.

• Proposed Change104

o Senate Joint Resolution 2 (151st Assembly) Directing the Delaware Department of
Natural Resources and Environmental Control to begin coordination with the
Federal Agencies Carrying Authority to Identify the Structure Necessary for a
State Nontidal Wetlands Program for the Purpose of Shifting Permitting Authority
from the Federal Level to the State. The Joint Resolution references Delaware's
historic dependence on federal regulation for nontidal wetlands and the reduction
in federal jurisdiction "stripping protections from thousands of acres of
Delaware." This Senate Joint Resolution also requires that a report containing the
results of this review be completed and made public within 1 year.

L. DISTRICT OF CGI AJMBIA

Definition of Waters of the District:

• Flowing and still bodies of water, whether artificial or natural, whether underground or
on land, so long as in the District of Columbia, but excludes water on private property
prevented from reaching underground or land watercourses, and also excludes water in
closed collection or distribution systems.105

Definition of Wetlands:

• A marsh, swamp or other area periodically inundated by tides or having saturated soil
conditions for prolonged periods of time and capable of supporting aquatic vegetation.106

No Net Loss Goal for Wetlands:

101 Two state programmatic general permits for impacts associated with piers, docks, mooring piles, boat lifts, breakwaters, etc.

102 Del. Code tit. 7, sections 7201 et seq., 6601 et seq. Although the Tidal Wetlands Act refers to "non-tidal wetlands that include
400 or more contiguous acres," this provision has never been instituted or used to regulate any non-tidal wetlands by the State of
Delaware. Delaware DNREC, email, March 26, 2018.

103 House Substitute 1 for House Bill 200 (Clean Water for Delaware Act) (2021) available at:
https://legis.delaware.gov/BillDetail/47964

104 Delaware Senate General Assembly, Senate Joint Resolution No. 2 (2021), available at
https://legis.delaware.gov/BillDetail?LegislationId=68617

105 D.C. Code section 8-103.01(26).

106 Id.

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• Does not have a no net loss goal for wetlands.107

Additional District Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• Aboveground storage tanks are primarily regulated by the DC Fire Building Officials and
Code Administrators (BOCA) codes administered by the Fire Prevention Branch of DC
Fire and Emergency Medical Services. DC does not have authority to regulate
aboveground storage tank operations or the release of petroleum products from
aboveground storage tanks, and relies on EPA to directly implement federal spill
prevention and preparedness regulations.108

401 Certification:

• The District has authority to certify, conditionally certify, waive review, or deny
certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.

402 NPDES Program:

• EPA issues all NPDES permits in the District of Columbia.109

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has district authority to issue permits for dredged and fill activities shoreward of the
pierhead line.110

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR

• Regulatory Change111

o Washington DC conducted an emergency rulemaking that aimed to designate the
areas that lost protection under the NWPR as critical areas in need of protection.

• New Guidance112

o The Department of Energy & Environment published guidance for the new
critical area rule that was created in response to the NWPR.

107 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

108 D.C. Department of Energy & Environment, Underground Storage Tanks, available at
https://doee.dc.gov/service/underground-storage-tanks-faas.

109 EPA, District of Columbia NPDES Permits, available at https: //www, epa. go v/npdes-permits/district-columbia-npdes-permits.

110 D.C. Mun. Regs., tit. 21, section 600.

111 Critical Area General Rules, D.C. Mun. Regs tit.21, § 2500-2505,2599

112 Ibid.

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M.

Definitions of Waters of the State:

• Waters include, but are not limited to, rivers, lakes, streams, springs, impoundments,
wetlands, and all other waters or bodies of water, including fresh, brackish, saline, tidal,
surface, or underground waters. Waters owned entirely by one person other than the state
are included only in regard to possible discharge on other property or water. Underground
waters include, but are not limited to, all underground waters passing through pores of
rock or soils or flowing through in channels, whether manmade or natural. Solely for
purposes of s. 403.0885, waters of the state also include navigable waters or waters of the
contiguous zone as used in s. 502 of the CWA, as amended, 33 U.S.C. ss. 1251 et seq., as
in existence on January 1, 1993, except for those navigable waters seaward of the
boundaries of the state set forth in s. 1, Art. II of the State Constitution.113

• Any and all water on or beneath the surface of the ground or in the atmosphere, including
natural or artificial watercourses, lakes, ponds, or diffused surface water and water
percolating, standing, or flowing beneath the surface of the ground, as well as all coastal
waters within the jurisdiction of the state.114

Definition of Wetlands:

• Those areas that are inundated or saturated by surface water or groundwater at a
frequency and a duration sufficient to support, and under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soils. Soils
present in wetlands generally are classified as hydric or alluvial, or possess characteristics
that are associated with reducing soil conditions. The prevalent vegetation in wetlands
generally consists of facultative or obligate hydrophytic macrophytes that are typically
adapted to areas having soil conditions described above. These species, due to
morphological, physiological, or reproductive adaptations, have the ability to grow,
reproduce, or persist in aquatic environments or anaerobic soil conditions. Florida
wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands,
sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes,
mangrove swamps and other similar areas. Florida wetlands generally do not include
longleaf or slash pine flatwoods with an understory dominated by saw palmetto.115

No Net Loss Goal for Wetlands:

• Has an informal no net loss goal for wetlands.116

Additional State Conditions and Requirements:

113 Fla. Stat, section 403.031(13).

114 Fla. Stat, section 373.019(22).

115 Fla. Stat, section 373.019(27).

116 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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• Requires that the state Department of Environmental Protection study the economic and
environmental impact of any proposed standards that would be more stringent than
federal law.117

• For a Florida standard to be a stricter or more stringent standard than one which has been
set by federal agencies pursuant to federal law or regulation, the federal standard must be
in counterpoise to the state standard.118

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 4 in coordination with the state of
Florida.

• Facilities with aboveground storage tanks greater than 550 gallons of oil and hazardous
substances are required to register, pay fees, and comply with technical requirements,
including secondary containment and inspections.119

• State code authorizes cost recovery for spills and related damages; state has a spill trust
fund.120

401 Certification:

402 NPDES Program:

• EPA has approved the state of Florida to administer the NPDES permitting program. The
state issues its permits through the Florida Department of Environmental Protection.
Florida has an authorized NPDES permit program, pretreatment program, general permits
program, and is authorized to regulate federal facilities. Florida does not have an
authorized biosolids program.121

• EPA issues all NPDES permits to offshore oil and gas facilities operating in federal
waters off the coast of Florida.122

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

117 Fla. Stat, section 403.804.

118 Florida Elec. Power Coordinating Group, Inc. v. Askew, 366 So.2d 1186, 1188 (Fla. Dist. Ct. App., 1st Dist. 1978). ELI,
2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the
Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

119 Fla. Admin. Code chapter 62-762.

120 Fla. Stat, sections 376.11,376.12, 376.16, 376.121.

121 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

122 EPA, Florida NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/florida-npdes-permits.

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• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,123 including isolated waters.124

Changes Since Publication of the NWPR

• Regulatory Change

o Has assumed the 404 program.125

o Has state authority through the Environmental Resource Permit program to issue
permits for dredged and fill activities more broadly than "waters of the United
States," including in all wetlands and surface waters (isolated or connected) and
activities in uplands that generate runoff from stormwater construction.126

Definition of Waters of the State:

• Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems,
springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying
within or forming a part of the boundaries of the state, which are not entirely confined
and retained completely upon the property of a single individual, partnership, or

1 97

corporation.

Definition of Wetlands:

• Freshwater Wetlands mean those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps marshes, bogs, and similar
areas. (33 CFR 32.93). The ecological parameters for designating wetlands include hydric
soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or
permanent source of water to cause soil saturation.128

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.129

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

123 Fla. Stat, section 373.403 etseq., 161.011 etseq.

124 Fla. Stat, section 373.414; ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate
Waters Beyond the Scope of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.
125Fla, State 404 Program, available at https://floridadep.gov/water/submerged-lands-environmental-resources-
coordination/content/state-404-program.

126 Fla. Stat, section 373.414; Fla. Stat. 373.019(21), (27); 373.023; 373.406, 373.4145; 403.813, F.S. See § 373.023,
F.S. "Surface waters," "waters in the state" and "wetlands" are defined by statute in Section 373.019, F.S.

127 Ga. Code Ann. sections 12-7-3(16), 12-5-22(13).

128 Ga. Comp. R. & Regs. 391-3-16.03(3).

129 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 4 in coordination with the state of
Georgia.

• Facilities with aboveground storage tanks exceeding 60 gallons are covered and
administered by the State Fire Marshal. Plans for storage installations > 660 gallons must
be submitted for review by the State Fire Marshal.130

• State code authorizes cost recovery for spills and related damages; state does not have a
spill trust fund.131

401 Certification:

402 NPDES Program:

• EPA has approved the state of Georgia to administer the NPDES permitting program.
The state issues its permits through the Georgia Department of Natural Resources.
Georgia has an authorized NPDES permit program, pretreatment program, general
permits program, and is authorized to regulate federal facilities. Georgia does not have an
authorized biosolids program.132

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in coastal surface waters
and wetlands, as well as submerged lands.133

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

O. 1

Definition of Waters of the Territory:

• Water shall be construed to include ponds, springs, wells and streams and all other bodies
of surface or underground water, natural or artificial, inland or coastal, fresh or salt,
public or private.134

• Waters of the territory means all shore waters surrounding Guam, streams, lakes, wells,
springs, irrigation systems, marshes, watercourses, waterways, drainage systems and

130 Ga. Code Ann. section 120-3-11.

131 Ga. Code Ann. 12-5-51,12-5-51, 12-144.

132 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

133 Ga. Code Ann. sections 12-5-280 et seq.

134 10 Guam Code Ann. section 46102(b).

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other bodies of water, surface and underground, natural or artificial, publicly or privately
owned.135

Definitions of Wetlands:

• Those areas that are inundated by surface or ground water with a frequency sufficient to
support and under normal circumstances does or would support a prevalence of
vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for
growth and reproduction. Wetlands generally include swamps, marshes, mangroves,
natural ponds, surface springs, estuaries and similar such areas.136

• An area that is inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances does support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
typically include swamps, marshes, bogs and similar areas.137

Additional Territory Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• Territory is working on spill prevention legislation (Aboveground Storage of Regulated
Substances Act) that intends to cover petroleum oils and Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) hazardous substances. Currently,
EPA Region 9 implements federal spill prevention and preparedness regulations in
Guam, and will continue to do so for non-petroleum oils after that Law is enacted.

401 Certification:

• The territory has authority to certify, conditionally certify, waive review, or deny
certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.

402 NPDES Program:

• EPA issues all NPDES permits within Guam.138

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has territory authority to issue permits for dredged and fill activities in coastal surface
waters and wetlands.139

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No Change

135 10 Guam Code Ann. Section 47103(i)

136 18 Guam Admin. Rules and Regs, section 3504(b).

137 Guam Water Quality Standards 2001 Revision Section 5105.

138 EPA, Guam NPDES Permits, available at https://www.epa.gov/npdes-permits/guam-npdes-permits.

139 21 Guam Code Ann. section 63101.

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p.

Definition of Waters of the State:

• All waters, fresh, brackish, or salt around and within the State, including, but not limited
to, coastal waters, streams, rivers, drainage ditches, ponds, reservoirs, canals, ground
waters, and lakes; provided that drainage ditches, ponds, and reservoirs required as part
of a water pollution control system are excluded.140

Definitions of Wetlands:

• Land that is transitional between terrestrial and aquatic ecosystems where the water table
is usually at or near the surface or the land is covered by shallow water. A wetland shall
have one or more of the following attributes:

o At least periodically the land supports predominantly hydrophytic vegetation,
o The substratum is predominantly undrained hydric soil; or
o The substratum is non-soil (gravel or rocks) and is at least periodically saturated
with water or covered by shallow water.141

• Wetlands may be fresh, brackish, or saline and generally include swamps, marshes, bogs,
and associated ponds and pools, mud flats, isolated seasonal ponds, littoral zones of
standing water bodies, and alluvial floodplains.142

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.143

Additional State Conditions and Requirements:

• Hawaii has limitations to regulate low wetland and coastal wetlands as well as the
elevated wetlands under "basic water quality criteria applicable to all State waters."144

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 9 in coordination with the state of
Hawaii.

• State does not have specific aboveground storage tank requirements except spill reporting
requirements.

• State code authorizes cost recovery for spills and related damages; state does have a spill
trust fund.145

401 Certification:

140 Haw. Rev. Stat, section 342D-1.

141 Haw. Code R. section 11-54-1.

142 Id.

143 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

144 Haw. Code R. section 11-544.

145 Haw. Rev. Stat, sections 128D-2, 5, 6, 8.

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•	The state has authority to certify, conditionally certify, waive review, or deny
certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.146

402 NPDES Program:

•	EPA has approved the state of Hawaii to administer the NPDES permitting program. The
state issues its permits through the Hawaii Department of Health. Hawaii has an
authorized NPDES permit program, pretreatment program, general permits program, and
is authorized to regulate federal facilities. Hawaii does not have an authorized biosolids

147

program.

•	EPA issues all NPDES permits for any discharges into federal ocean waters in Hawaii.148

404 Dredged and Fill Permitting:

•	Has not assumed the 404 program.

•	Has state authority to issue permits for dredged and fill activities in surface waters,149 as
well as coastal surface waters and wetlands.150

•	Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

Q.

Definition of Waters of the State:

•	All accumulations of water, surface and underground, natural and artificial, public and
private or parts thereof, which are wholly or partially within the state, and flow through
or border upon the state, except for private waters.151

Definition of Wetlands:

•	Areas inundated or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas.152

No Net Loss Goal for Wetlands:

•	Does not have a no net loss goal for wetlands.153

Additional State Conditions and Requirements:

146	Haw. Rev. Stat, section 342D-53.

147	EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

148	EPA, Hawaii NPDES Permits, available at https: //www, epa. gov/npdes-permits/hawaii-npdes-permits.

149	Haw. Rev. Stat, sections 174C-91 etseq:, Haw. Code R. sections 13-169-50 et seq.

150	Haw. Rev. Stat, sections 205A-21 et seq:, Haw. Code R. section 15-150.

151	Idaho Code Ann. section 39-103(18).

152	Idaho Admin. Coder. 58.01,25.010(01)(110).

153	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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• The Idaho Department of Environmental Quality is to ensure surface water quality in
Idaho and meet the goals of the CWA, but is prohibited from enacting rules that impose
requirements beyond those of the CWA.154

• When the Department of Environmental Quality recommends to the Board of
Environmental Quality issuance of a rule that is broader in scope or more stringent than
federal law or regulations, or proposes to regulate an activity not regulated by the federal
government, the rule is subject to an additional statutory requirement. The agency must
clearly specify that the proposed rule, or portions of it, are broader in scope or more
stringent than federal law or regulations, or regulate an activity not regulated by the
federal government, and delineate which portions of the proposed rule trigger this
provision.155

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 10 in coordination with the state of
Idaho.

• State does not regulate aboveground storage tanks, but references EPA's Spill
Prevention, Control, and Countermeasure (SPCC) rule and National Fire Prevention
Association (NFPA) code. Local fire districts, cities and counties may have aboveground
storage tank ordinances.156

• State does not have a codified cost recovery program for spills or a spill trust fund.

401 Certification:

402 NPDES Program:

• Idaho assumed some program components of the NPDES program on July 1, 2018, and
will assume others in the following three years.157

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands.158

154 Idaho Code Ann. section 39-3601.

155 Idaho Code Ann. section 39-107D.

156 See Idaho DEQ, Storage Tanks in Idaho, available at https://www.dea.idaho.gov/waste-mgmt-remediation/storage-tanks.aspx.

157 Idaho's schedule to assume NPDES program components is as follows: individual municipal permits and pretreatment on July
1, 2018; individual industrial permits on July 1,2019; general permits (for aquaculture, pesticide, CAFO, suction dredged, and
remediation) on July 1,2020; and federal facilities, general and individual stormwater permits and biosolids on July 1,2021.
EPA, Idaho NPDES Program Authorization, available at https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization.

158 Idaho Code Ann. sections 42-3801 et seq. (regarding stream channels), 58-1301 et seq. (regarding lakes). Both programs deal
primarily with waters, and can occasionally cover wetlands. ASWM, Idaho State Wetland Program, available at
https://www.aswm.org/pdf lib/state summaries/idaho state wetland program summary 111615.pdf.

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Changes Since Publication of the NWPR: No change

Definition of Waters of the State:

• All accumulations of water, surface and underground, natural, and artificial, public and
private, or parts thereof, which are wholly or partially within, flow through, or border
upon this State.159

Definition of Wetlands:

• Land that has a predominance of hydric soils (soils that are usually wet and where there is
little or no free oxygen) and that is inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances does
support, a prevalence of hydrophytic vegetation (plants typically found in wet habitats)
typically adapted for life in saturated soil conditions. Areas which are restored or created
as the result of mitigation or planned construction projects and which function as a
wetland are included within this definition even if all three wetland parameters are not
present.160

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.161

Additional State Conditions and Requirements:

• No limitations identified

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 5 in coordination with the state of
Illinois.

• State program regulates all new tanks over 110 gallons that store flammable substances,
requiring permits and registration, secondary containment and site plans. Administered
by the State Fire Marshal.162

• State code authorizes cost recovery for spills; state has a spill trust fund.163

401 Certification:

159 415 111. Comp. Stat, section 5/3.550.

• 160 20 111. Comp. Stat, section 830/l-6(a).

161 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

162 111. Admin. Code tit. 41, section 180.20.

163 415 111. Comp. Stat, sections 5/25c-l, 5/42.

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• The state has authority to certify, conditionally certify, waive review or deny certification
of federal permits and licenses. Without certification or waiver the federal agency cannot
issue the permit or license.

402 NPDES Program:

• EPA has approved the state of Illinois to administer the NPDES permitting program. The
state issues its permits through the Illinois Environmental Protection Agency. Illinois has
an authorized NPDES permit program, general permits program, and is authorized to
regulate federal facilities. Illinois does not have an authorized biosolids program or
pretreatment program.164

• EPA issues all NPDES permits on tribal lands.165

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters166 and
state funded activities in wetlands,167 including isolated waters.168

Changes Since Publication of the NWPR: No change

Definition of Waters of the State:

• (1) The accumulations of water, surface and underground, natural and artificial, public
and private; or (2) a part of the accumulations of water; that are wholly or partially
within, flow through, or border upon Indiana.

o The term "waters" does not include: (1) an exempt isolated wetland; (2) a private
pond; or (3) an off-stream pond, reservoir, wetland, or other facility built for
reduction or control of pollution or cooling of water before discharge,
o The term includes all waters of the United States, as defined in Section 502(7) of
the federal CWA (33 U.S.C. 1362(7)), that are located in Indiana.169

Definitions of Wetlands:

• Areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include: (1) swamps; (2) marshes; (3) bogs; and (4) similar areas.170

164 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

165 EPA, Illinois NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/illinois-npdes-permits.

166 615 111. Comp. Stat, section 5.

167 20 111. Comp. Stat, section 830.

168 State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the
Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

169 Ind. Code section 13-11-2-265.

170 Ind. Code section 13-11-2-265.7.

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•	A state regulated wetland is defined as an isolated wetland located in Indiana that is not
an exempt isolated wetland.171

No Net Loss Goal for Wetlands:

•	Has a formal no net loss goal for wetlands.172

Additional State Conditions and Requirements:

•	Under Indiana's rulemaking process, the Department of Environmental Management
(DEM) and the Water Pollution Control Board must provide notice of a proposed rule in
the Indiana Register for each of two required public comment periods.173

o The notice for the first public comment period must describe the subject matter
and basic purpose of the proposed rule, including a list all alternatives under
consideration.

o The notice for the second public comment period must identify each element of
the proposed rule that imposes a restriction or requirement that is more stringent
than a restriction or requirement imposed under federal law, or that applies in a
subject area in which federal law does not impose a restriction or requirement.

•	State imposes a qualified stringency prohibition; House Bill 1082174 requires any new
state environmental rule that is either more stringent than federal requirements or applies
in a subject area where federal law does not impose restrictions or requirements, to be
notified to the Indiana legislative branch. Following this the rule cannot take effect until
adjournment of a regular session of the General Assembly, providing the opportunity to
reject the rule via legislation175.

303 Water Quality Standards:

•	Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

•	The 311 program is administered by EPA Region 5 in coordination with the state of
Indiana.

•	Aboveground storage tanks are regulated by the Indiana Fire Prevention Code, which
follows the Uniform Fire Code (NFPA 30 and 3OA) and specifies design, installation and
permitting requirements. Administered by the State Fire Marshal.176

•	State code authorizes cost recovery for spills; state has a spill trust fund.177

171	Ind. Code section 13-11-2-221.5. Exempt isolated wetland is defined at Ind. Code section 13-11-2-74.5.

172	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

173	Ind. Code sections 13-14-9-3, 13-14-9-4.

174	Indiana. HB1082, available at https://iga.in.gOv/legislative/2016/bills/house/1082#digest-heading.

175	Council of State Governments Midwest (2017). Policy and Research, available at
http://www.csgmidwest.org/policvresearch/qom-0317.aspx

176	675 Ind. Admin. Code 22-2.3.

177	Ind. Code sections 13-24-1-4, 13-30-4-1,13-25-4-2.

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401 Certification:

• The state has authority to certify, conditionally certify, waive review or deny certification
of federal permits and licenses. Without certification or waiver the federal agency cannot
issue the permit or license.

402 NPDES Program:

• EPA has approved the state of Indiana to administer the NPDES permitting program. The
state issues its permits through the Indiana Department of Environmental Management.
Indiana has an authorized NPDES permit program, general permits program, and is
authorized to regulate federal facilities. Indiana does not have an authorized biosolids

1 78

program or pretreatment program.

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters179 and
isolated waters.180

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR

• Legislative Change181

o In April 2021, S.B. 389 was signed into law in Indiana. The law amends existing
legislation requiring permits and compensatory mitigation for dredge and fill
activities in state wetlands. The law redefines Class II wetlands and removed permit
requirements for activities in Class I wetlands, Class II wetlands of less than 3/8 of an
acre, ephemeral streams, and Class II wetlands outside the boundaries of a
municipality and less than an area of3A of an acre.

Definition of Waters of the State:

• Any stream, lake, pond, marsh, watercourse, waterway, well, spring, reservoir, aquifer,
irrigation system, drainage system, and any other body or accumulation of water, surface
or underground, natural or artificial, public or private, which are contained within, flow
through or border upon the state or any portion thereof.182

Definition of Wetlands:

• An area of two or more acres in a natural condition that is mostly under water or
waterlogged during the spring growing season and is characterized by vegetation of
hydric soils.183

178 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

179 Ind. Code sections 14-28-1, 14-26-2-1 et seq.

180 Ind. Code section 13-18-22-1 et seq.

181 Indiana General Assembly, Senate Bill 389 (2021), available at http://iga.in.gov/legislative/2021/bills/senate/389

182 Iowa code 455B. 171.

183 Iowa Code 456B.1.

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No Net Loss Goal for Wetlands:

•	Does not have a no net loss goal for wetlands.184

Additional State Conditions and Requirements:

•	The Iowa Environmental Protection Commission may not establish an effluent standard
for a source that is more stringent than a federal effluent standard under the CWA for
such source. However, the Commission may establish a more restrictive effluent
limitation for a point source if doing so is necessary to meet WQS and the federal
government has not established an effluent standard for that source or class of sources.185

•	Additionally, NPDES rules adopted by the Commission with respect to concentrated
animal feeding operations can be no more stringent than requirements under the federal
CWA.186

•	When the Environmental Protection Commission proposes or adopts rules to implement a
"specific federal environmental program," and the rules are more restrictive than the
federal program requires, the Commission must: (1) identify in its notice of intended
action or adopted rule preamble each rule that is more restrictive than the federal program
requires; (2) state the reasons for proposing or adopting the more restrictive requirement;
and (3) include with its reasoning a "financial impact statement" detailing the general
impact of the rules on affected parties.187

303 Water Quality Standards:

•	Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

•	The 311 program is administered by EPA Region 7 in coordination with the state of
Iowa.

•	State requires facilities with aboveground storage tanks greater than 1,100 gallons to
register and to receive approval of their plan prior to being placed in service. State has
adopted the Uniform Fire Code (NFPA 30 and 30A), which is administered by the State
Fire Marshal.188

•	State code authorizes cost recovery for spills and related damages; state has a spill trust
fund.189

401	Certification:

•	The state has authority to certify, conditionally certify, waive review, or deny
certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.

402	NPDES Program:

184	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

185	Iowa Code 455B.173.

186	Iowa Code 459.311.

187	Iowa Code 455B. 105(3).

188	Iowa Code sections 101.1 et seq.

189	Iowa Code sections 455B.191, 455B.392, 455B.423, 481A.151.

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• EPA has approved the state of Iowa to administer the NPDES permitting program. The
state issues its permits through the Iowa Department of Natural Resources. Iowa has an
authorized NPDES permit program, pretreatment program, general permits program, and
is authorized to regulate federal facilities. Iowa does not have an authorized biosolids

190

program.

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters.191

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

U. KANSAS

Definition of Waters of the State:

• All streams and springs, and all bodies of surface and subsurface waters within the
boundaries of the state.192

Definition of Wetlands:

• Water bodies meeting the technical definition for jurisdictional wetlands given in the
Corps of Engineers Wetlands Delineation Manual, as published in January 1987.193

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.194

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 7 in coordination with the state of
Kansas.

• State requires facilities with aboveground storage tanks to register, pay fees, and obtain
operating permits. State has adopted the Uniform Fire Code (NFPA 30 and 3OA), which
is administered by the State Fire Marshal.195

• State code authorizes cost recovery for spills; state has a spill trust fund.196

190 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

191 Iowa Code section 455B.261 etseq:, Iowa Admin. Coder. 567-70.1 etseq., 571-13.1 et seq.

192 Kan. Stat. Ann. section 65-161(a)

193 Kan. Admin. Regs, section 28-16-28b(fff)(3).

194 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

195 Kan. Admin. Regs, sections 28-44-12 et seq.

196 Kan. Stat. Ann. section 65-171.

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401 Certification:

402 NPDES Program:

• EPA has approved the state of Kansas to administer the NPDES permitting program. The
state issues its permits through the Kansas Department of Health and Environment.
Kansas has an authorized NPDES permit program, general permits program, and is
authorized to regulate federal facilities. Kansas does not have an authorized biosolids

1 Q7

program or pretreatment program.

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters.198

• Relies on federal permitting authority and CWA section 401

Changes Since Publication of the NWPR: No change

V. KENTUCKY

Definition of Waters of the Commonwealth:

• Means and includes any and all rivers, streams, creeks, lakes, ponds, impounding
reservoirs, springs, wells, marshes, and all other bodies of surface or underground water,
natural or artificial, situated wholly or partly within or bordering upon the
Commonwealth or within its jurisdiction.199

No Net Loss Goal for Wetlands:

• Has an informal no net loss goal for wetlands.200

Definition of Wetlands:

• Defined by 40 C.F.R. 122.2, effective July 1, 2008.201

Additional Commonwealth Conditions and Requirements:

• An administrative body may adopt administrative regulations to implement a statute only
when the legislature authorizes the adoption of such regulations or when regulations are
required by federal law, in which case such regulations may be no more stringent than
federal law or regulations.202

197 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

198 Kan. Stat. Ann. sections 24-126, 82a-301 et seq.; Kan. Admin. Regs, sections 5-40, 41, 42, 43, 45,46.

199 Ky. Rev. Stat. Ann. section 224.1-010(32).

200 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

201 401 Ky. Admin. Regs. 5:002(177).

202 Ky. Rev. Stat, section 13A.120.

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• Qualified prohibitions allow for a Kentucky administrative body to issue a regulation
more stringent than federal law, but this is arguably in conflict with the broader
stringency prohibition provision.203

• If a Kentucky administrative body issuing a regulation is (1) not required by federal law
to do so, and (2) is required or authorized by state law to issue a regulation governing the
subject matter, the regulation must conform to a federal law or regulation governing a
subject matter.

• When enacting a regulation in response to a federal mandate, an administrative body is
required to compare its proposed compliance standards with any minimum or uniform
standards suggested or contained in the federal mandate. The comparison must contain a
written determination as to whether the proposed state regulation will impose stricter
requirements or other responsibilities on regulated entities than required by the federal
mandate. If so, the comparison analysis must further include a written statement
justifying the imposition of stricter standards, requirements, or responsibilities.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 4 in coordination with the
Commonwealth of Kentucky.

• Commonwealth has adopted the Uniform Fire Code (NFPA 30 and 30A) for
aboveground storage tanks. Administered by the State Fire Marshal, including permitting
requirements.204

• Commonwealth code authorizes cost recovery for spills and resource damages; state has a
spill trust fund.205

401 Certification:

• The Commonwealth has authority to certify, conditionally certify, waive review, or deny
certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.

• For general state permits, Kentucky requires an individual water quality certification for
otherwise minor impacts to cold water streams.206

402 NPDES Program:

• EPA has approved the Commonwealth of Kentucky to administer the NPDES permitting
program. The state issues its permits through the Kentucky Department for
Environmental Protection. Kentucky has an authorized NPDES permit program,

203 Ky. Rev. Stat, section 13A.245.

204 8 1 5 Ky. Admin. Regs. 7:120(3)(7)(i).

205 Ky. Rev. Stat, sections 224.1-400(15), 224.1-070, 224.46-580,224.99-010.

206 ASWM (2014) Section 401 Certification Best Practices in Dredged and Fill Permit Programs, available at
https://www.aswm.org/pdf lib/401 best practices summarv.pdf.

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pretreatment program, general permits program, and is authorized to regulate federal
facilities. Kentucky does not have an authorized biosolids program.207

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has Commonwealth authority to issue permits for dredged and fill activity in surface
waters.208

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

Definition of Waters of the State:

• Both surface and underground waters within the state including all rivers, streams, lakes,
estuaries, groundwater, and all other water courses and waters within the confines of the
state and all bordering waters and the Gulf of Mexico.209

Definition of Wetlands:

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.211

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 6 in coordination with the state of
Louisiana.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks. Administered by the State Fire Marshal.212

207 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

208 Ky. Rev. Stat, section 151.250.

209 La. Stat. Ann. section 30:2073(7).

210 LAC Environmental Regulatory Code tit. 33, part 9, subpart 1, available at
https://deq.louisiana.gov/assets/docs/Legal Affairs/33v09-201605-Water-Qualitv.pdf

211 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

212 La. Admin. Code tit. 33, chapter 9.

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• State has requirements for spill contingency planning and implementation of operating
procedures and best management practices similar to SPCC.213

• State code authorizes cost recovery for spills and resource damages; state has a spill trust
fund with limits tied to Oil Spill Liability Trust Fund coverage.214

401 Certification:

402 NPDES Program:

• EPA has approved the state of Louisiana to administer the NPDES permitting program.
The state issues its permits through the Louisiana Department of Environmental Quality.
Louisiana has an authorized NPDES permit program, pretreatment program, general
permits program, and is authorized to regulate federal facilities. Louisiana does not have
an authorized biosolids program.215

• EPA issues all NPDES permits on all tribal lands.216

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in coastal surface waters
and wetlands,217 as well as submerged lands.218

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

X, MAINE

Definition of Waters of the State:

• Any and all surface and subsurface waters that are contained within, flow through, or
under or border upon this State or any portion of the State, including the marginal and
high seas, except such waters as are confined and retained completely upon the property
of one person and do not drain into or connect with any other waters of the State, but not
excluding waters susceptible to use in interstate or foreign commerce, or whose use,
degradation or destruction would affect interstate or foreign commerce.219

Definitions of Wetlands:

• Freshwater wetlands: freshwater swamps, marshes, bogs and similar areas that are
inundated or saturated by surface or groundwater at a frequency and for a duration
sufficient to support, and which under normal circumstances do support, a prevalence of

213 id.

214 La. Stat. Ann. sections 30:2479, 30:2483, 30:2488, 30:2491.

215 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

216 EPA, Louisiana NPDES Permits, available at https://www.epa.gov/npdes-permits/louisiana-npdes-permits.

217 La. Rev. Stat. Ann. sections 49:214.21 etseq.

218 La. Rev. Stat. Ann. sections 41:1701 etseq.

219 Me. Stat. tit. 38, section 361-A(7).

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wetland vegetation typically adapted for life in saturated soils; and not considered part of
a great pond, coastal wetland, river, stream or brook.220

• Coastal wetlands: all tidal and subtidal lands; all areas with vegetation present that is
tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any
swamp, marsh, bog, beach, flat or other contiguous lowland that is subject to tidal action
during the highest tide level for the year in which an activity is proposed as identified in
tide tables published by the National Ocean Service. Coastal wetlands may include
portions of coastal sand dunes.221

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.222

Additional State Conditions and Requirements:

• Maine's Department of Environmental Protection must, when feasible, identify any
proposed rule that is anticipated to be more stringent than the federal standard, if an
applicable federal standard exists. During consideration of a proposed rule, the
Department must, when feasible: (1) identify provisions of the proposed rule that it
believes would impose a regulatory burden more stringent than the burden imposed by
the federal standard, if such a federal standard exists; and (2) justify the difference
between the rule and the federal standard.223

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 1 in coordination with the state of
Maine.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks. Administered by the State Fire Marshal.224

• State has also incorporated federal SPCC requirements by code; failure to follow federal
requirements is violation of state code.225

• State code authorizes cost recovery for spills and resource damages; state has a spill trust
fund.226

401 Certification:

220 Me. Stat. tit. 38, section 480-B.

221 Id.

222 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

223 Me. Stat. tit. 38, section 341-H(3).

224 Me. Stat. tit. 25, section 2482.

225 Id.

226 Me. Stat. tit. 38, sections 551, 552.

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•	The state has authority to certify, conditionally certify, waive review, or deny
certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.

402 NPDES Program:

•	EPA has approved the state of Maine to administer the NPDES permitting program. The
state issues its permits through the Maine Department of Environmental Protection.
Maine has an authorized NPDES permit program, pretreatment program, general permits
program, and is authorized to regulate federal facilities. Maine does not have an
authorized biosolids program.227

404 Dredged and Fill Permitting:

•	Has not assumed the 404 program.

•	Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,228 including isolated waters.229

Changes Since Publication of the NWPR: No change

Y. MARYLAND

Definition of Waters of the State:

•	Both surface and underground waters within the boundaries of the state subject to its
jurisdiction; the portion of the Atlantic Ocean within the boundaries of the state
(territorial seas); the Chesapeake Bay and its tributaries; all ponds, lakes, rivers, streams,
tidal and nontidal wetlands, public ditches, tax ditches, and public drainage systems
within the state (does not include public drainage systems designed and used to collect,
convey, or dispose of sanitary sewage); and the floodplain of free-flowing waters
determined by the department on the basis of the 100 year flood frequency. 230

Definitions of Wetlands:

•	Nontidal wetland: (a) Means an area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support and that under normal
circumstances does support a prevalence of vegetation typically adapted for life in
saturated soil conditions, commonly known as hydrophytic vegetation; (b) Is determined
according to the Federal Manual; (c) Does not include tidal wetlands regulated under
Environmental Article, Title 16, Annotated Code of Maryland.231

•	State wetlands: means any land under the navigable waters of the State below the mean
high tide, affected by the regular rise and fall of the tide.232

No Net Loss Goal for Wetlands:

227	EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

228	Me. Stat. tit. 38, sections 480-A et seq.

229	ELI, 2013. State Constraints: State-Impo sed Limitations on the Authority of Agencies to Regulate W aters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

230	Md. Code, Env. section 5-101(1).

231	Md. Code, Env. section 5-901 (m).

232	Md. Code, Env. section 16-101(p).

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• Has a formal no net loss goal for wetlands.233

Additional State Conditions and Requirements:

• By executive order, each unit of Maryland state government is required to take certain
steps when it proposes to adopt a regulation that "provides a standard that is more
restrictive or stringent than an applicable standard established under a federal law or
regulation which governs the same program or conduct." The agency must: (1) identify
the manner in which the proposed regulation is more restrictive than the applicable
federal standard; (2) identify the benefit to public health, safety, welfare, or the
environment, expected from adopting the standard; (3) in consultation with the
Department of Business and Economic Development, identify whether having a more
restrictive standard places an additional burden or cost on regulated persons; and (4)
justify the need for the standard.234

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 3 in coordination with the state of
Maryland.

• State requires facilities with aboveground oil storage capacities of 1,000 gallons of used
oil or 10,000 gallons or more of virgin oil to obtain oil operations permits and meet
specific technical requirements such as secondary containment.235

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks. Administered by the State Fire Marshal.236

• State code authorizes cost recovery for spills and resource damages; state has a spill trust
fund.237

401 Certification:

402 NPDES Program:

• EPA has approved the state of Maryland to administer the NPDES permitting program.
The state issues its permits through the Maryland Department of the Environment.
Maryland has an authorized NPDES permit program, pretreatment program, general

233 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

234 Md. Exec. Order No. 01.01.1996.03 (1996).

235 Md. Code Regs. 26.10.01.

236 Id.

237 Md. Code, Env. sections 4-408,4-409, 4-411, 4-417,4-418.

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permits program, and is authorized to regulate federal facilities. Maryland does not have
an authorized biosolids program.238

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.239

• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,240 including isolated waters.241

Changes Since Publication of the NWPR: No change

Z. is

Definition of Waters of the Commonwealth:

• All waters within the jurisdiction of the commonwealth, including, without limitation,
rivers, streams, lakes, ponds, springs, impoundments, estuaries, coastal waters, and
groundwaters.242

Definitions of Wetlands:

• Coastal wetlands: Any bank, marsh, swamp, meadow, flat or other lowland subject to
tidal action or coastal storm flowage.243

• Freshwater wetlands: Wet meadows, marshes, swamps, bogs, areas where the
groundwater, flowing or standing surface water or ice provide a significant part of the
supporting substrate for a plant community for at least five months of the year; emergent
and submergent plant communities in inland waters; that portion of any bank which
touches any inland waters.244

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.245

Additional Commonwealth Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

238 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

239 Implements a state programmatic general permit pursuant to CWA Section 404(e) for specified activities. The currently
operative SPGP is MDSPGP-5 issued September 26, 2016. See
http://www.nab.usace.armv.mil/Portals/63/docs/Regulatorv/MDSPGP-5.pdf.

240 Md. Code, Env. sections 5-501 etseq., 5-901 et seq., 16-101 et seq.

241 Maryland Department of the Environment, Maryland Wetland Program Plan, available at

https://www.epa.gOv/sites/production/files/2018-03/documents/marvland de complete final rev2018 v4.docx l.pdfi ELI,
2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the
Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

242 Mass. Gen. Laws ch. 21 section 26A.

243 Mass. Gen. Laws ch. 131 section 40.

244 Id.

245 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 1 in coordination with the
Commonwealth of Massachusetts.

• Commonwealth has adopted the Uniform Fire Code (NFPA 30 and 30A) for
aboveground storage tanks, which is administered by the State Fire Marshal. Permit,
inspection and technical requirements apply to tanks greater than 10,000 gallons in
capacity.246

• Commonwealth code authorizes cost recovery for spills and resource damages;
Commonwealth has a spill trust fund.247

401 Certification:

402 NPDES Program:

• Massachusetts is not authorized to run the NPDES program.248

• EPA issues all NPDES permits in Massachusetts.249

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has Commonwealth authority to issue permits for dredged and fill activities in surface
waters and wetlands,250 including isolated waters.251

Changes Since Publication of the NWPR: No change

AA. I\

Definition of Waters of the State:

• Groundwater, lakes, including the Great Lakes bordering the state, rivers, streams, and all
other water courses and bodies of water within the jurisdiction of the state, including
wetlands.252

Definition of Wetlands:

• Land characterized by the presence of water at a frequency and duration sufficient to
support, and that under normal circumstances does support, wetland vegetation or aquatic
life, and is commonly referred to as a bog, swamp, or marsh, and which is any of the
following: i) Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a
river or stream; (ii) Not contiguous to the Great Lakes, an inland lake or pond, or a river

246 527 Mass. Code Regs. 5.00, 9.00

247 Mass. Gen. Laws ch. 21E sections 5,11; ch. 21M section 8.

248 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

249 EPA, Massachusetts NPDES Permits (2017) available at https: //www, epa. gov/npdes-permits/massachusetts-npdes-permits.

250 Mass. Gen. Laws ch. 131, section 40; ch. 130, section 105; ch. 91.

251 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

252 Mich. Comp. Laws section 324.3101.

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or stream; and more than 5 acres in size; (iii) Not contiguous to the Great Lakes, an
inland lake or pond, or a river or stream; and 5 acres or less in size if the department
determines that protection of the area is essential to the preservation of the natural
resources of the state from pollution, impairment, or destruction and the department has
so notified the owner.253

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.254

Additional State Conditions and Requirements:

• An agency shall not adopt or promulgate a rule more stringent than the applicable
federally mandated standard unless the director of the agency determines that there is a
clear and convincing need to exceed the applicable federal standard. If an agency
promulgates a rule more stringent than the applicable federally mandated standard, they
must submit a statement of the specific facts that establish the clear and convincing need
to adopt the more stringent rule and an explanation of the exceptional circumstances that
necessitate the more stringent standard.255

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 5 in coordination with the state of
Michigan.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks. Administered by the State Fire Marshal. Applications for plan review required for
tanks greater than 1,100 gallons in capacity.256

• State code authorizes cost recovery for spills and resource damages; state has a spill trust
fund.257

401 Certification:

402 NPDES Program:

• EPA has approved the state of Michigan to administer the NPDES permitting program.
The state issues its permits through the Michigan Department of Environmental Quality.

253 Mich. Comp. Laws section 324.30301(n).

254 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

255 Mich. Comp. Laws sections 24.232,24.245.

256 Mich. Comp. Laws sections 29.1 etseq.

257 Mich. Comp. Laws sections 324.2010, 324.20119, 324.20126a.

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Michigan has an authorized NPDES permit program, pretreatment program, general
permits program, biosolids program, and is authorized to regulate federal facilities.258

• EPA issues all NPDES permits on tribal lands.259

404 Dredged and Fill Permitting:

• Michigan has assumed administration of the 404 program (has full state permitting
authority).260

• Has state authority to issue permits for dredged and fill activities in isolated waters.261

Changes Since Publication of the NWPR

• Proposed Change

o Michigan has proposed legislation - S.B. 61 - that would extend permitting
jurisdiction to the ordinary high water mark if it is higher than statutorily defined
arbitrary elevations currently used to define the extent of the Great Lakes in
Michigan.262

BB. MINNESOTA

Definitions of Waters of the State:

• Definition that applies to CWA programs: All streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or underground, natural
or artificial, public or private, which are contained within, flow through, or border upon
the state or any portion thereof.263

• Definition that applies to state Wetland Conservation Act: Surface or underground
waters, except surface waters that are not confined but are spread and diffused over the
land. Waters of the state includes boundary and inland waters.264

Definition of Wetlands:

• Lands transitional between terrestrial and aquatic systems where the water table is usually
at or near the surface or the land is covered by shallow water. For purposes of this
definition, wetlands must have the following three attributes:

(1) have a predominance of hydric soils;

258 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

259 EPA, Michigan NPDES, Permits, available at https://www.epa.gov/npdes-permits/michigan-npdes-permits.

260 EPA, State or Tribal Assumption of the Section 404 Permit Program, available at https://www.epa.gov/cwa-404/state-or-
tribal-assumption-section-404-permit-program. For Michigan's assumed Section 404 Program, state statutes provide similar
protections and ensure compliance with the CWA by being at least as protective as the CWA (however, Michigan's laws do not
use the exact same definitions or exemption language as the CWA).

261 If over 5 acres, within 500 feet of a stream or lake, 1000 feet of Great Lakes or Lake St. Clair, or essential to preservation of
natural resources. Mich. Comp. Laws section 324.30301(n). See also ELI, 2013. State Constraints: State-Imposed Limitations on
the Authority of Agencies to Regulate Waters Beyond the Scope of the Federal Clean Water Act, available at

https: //www, eli. org/sites/default/files/eli-pubs/d23 -04 .pdf.

262 Michigan SB 0061 (2021), available at

http://www.legislature.mi.gov/rsrzat3tgdcadgvalrmkfielvvl'lVmileg.aspx?page=getObiect&obiectname=2021-SB-0061

263 Minn. Stat, section 115.03-22.

264 Minn. Stat, section 103G.005-17.

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(2) are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support a prevalence of hydrophytic vegetation typically
adapted for life in saturated soil conditions; and

(3) under normal circumstances support a prevalence of such vegetation.265

No Net Loss Goal for Wetlands:

• Has a formal net gain/increase goal for wetlands.266

Additional State Conditions and Requirements:

• 404 Assumption: In the event the state assumes responsibility for the federal 404
permitting program, the rules adopted to establish the program "may not be more
restrictive" than the federal 404 program—or more restrictive than state law, if state law
is more restrictive than the federal 404 program.267

o The state has not assumed the 404 program. The Minnesota Legislature

commissioned a study on the feasibility of 404 Assumption that was completed in
2017.268

• Feedlots: State limits NPDES feedlot permitting requirements in that the agency must
issue NPDES permits for feedlots only as required by federal law. However, the state also
issues state disposal system permits for feedlots which may have additional state-only
requirements.269

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 5 in coordination with the state of
Minnesota.

• State has adopted technical requirements for aboveground storage tanks with capacities
greater than 1,100 gallons, such as secondary containment, overfill prevention,
recordkeeping and release reporting. Facilities with tanks of 1 million gallons or greater
are required to obtain operating permits.270

• State code authorizes cost recovery for spills and resource damages; state has a spill trust
fund.271

401 Certification:

265 Minn. Stat, section 103G.005-19.

266 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

267 Minn. Stat, section 103G.2375.

268 Minnesota Section 404 Assumption Feasibility Study Report, available at

http://www.bwsr.state.mn.us/wetlands/cwa 404/Minn Section 404 Assumption Feasibility Study Report Final.pdf

269 Minn. Stat, section 116.07.

270 Minn. R. 7151.1100.

271 Minn. Stat, sections 115B.17, 116.155.

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402 NPDES Program:

• EPA has approved the state of Minnesota to administer the NPDES permitting program.
The state issues its permits through the Minnesota Pollution Control Agency. Minnesota
has an authorized NPDES permit program, pretreatment program, general permits
program, and is authorized to regulate federal facilities. Minnesota does not have an
authorized biosolids program.272

• EPA issues all NPDES permits on tribal lands.273

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,274 including isolated waters.275

Changes Since Publication of the NWPR: No change

CC. 1^

Definition of Waters of the State:

• All waters within the jurisdiction of this state, including all streams, lakes, ponds,
impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems and all other bodies or accumulations of water, surface and
underground, natural or artificial, situated wholly or partly within or bordering upon the
state, and such coastal waters as are within the jurisdiction of the state, except lakes,
ponds, or other surface waters which are wholly landlocked and privately owned, and
which are not regulated under the Federal CWA (33 U.S.C. 1251 et seq.).276

Definition of Wetlands:

• Coastal wetlands: All publicly-owned lands subject to the ebb and flow of the tide; which
are below the watermark of ordinary high tide; all publicly-owned accretions above the
watermark of ordinary high tide and all publicly-owned submerged water-bottoms below
the watermark of ordinary high tide and includes the flora and fauna on the wetlands and
in the wetlands.277

No Net Loss Goal for Wetlands:

272 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

273 EPA, Minnesota NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/minnesota-npdes-permits.

274 Minn. Stat. Ann. section 103G.

275 Minnesota Board of Water and Soil Resources, 2001-2003 Minnesota Wetland Report, available at
https://www.leg.state.mn.us/docs/2005/other/050523.pdf: ELI, 2013. State Constraints: State-Imposed Limitations on the
Authority of Agencies to Regulate Waters Beyond the Scope of the Federal Clean Water Act, available at
https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

276 Miss. Code Ann. section 49-17-5(f).

277 Miss. Code Ann. section 49-27-5(a).

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• Has a formal no net loss goal for wetlands.278

Additional State Conditions and Requirements:

• The Mississippi Commission on Environmental Quality is prohibited from enacting a
rule, regulation, or standard relating to water quality or water discharge standards that
exceeds the requirements of federal statutes, regulations, standards, criteria, and guidance
relating to water quality or water discharge standards promulgated under the federal
Administrative Procedure Act.279

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 4 in coordination with the state of
Mississippi.

• State has no specific aboveground storage tank regulations; State relies on EPA Region 4
to implement SPCC requirements.

• State code authorizes cost recovery for spills; state does not have a spill trust fund.280

401 Certification:

402 NPDES Program:

• EPA has approved the state of Mississippi to administer the NPDES permitting program.
The state issues its permits through the Mississippi Department of Environmental
Quality. Mississippi has an authorized NPDES permit program, pretreatment program,
general permits program, and is authorized to regulate federal facilities. Mississippi does
not have an authorized biosolids program.281

• EPA issues all NPDES permits on tribal lands and to offshore oil and gas facilities
operating in federal waters off the coast of Mississippi.282

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in coastal wetlands283
and submerged lands.284

• Relies on federal permitting authority and CWA section 401.

278 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

279 Miss. Code Ann. section 49-17-34(2).

280 Miss. Code Ann. section 49-17-43.

281 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

282 EPA, Mississippi NPDES Permits, available at https://www.epa.gov/npdes-permits/mississippi-npdes-permits.

283 Miss. Code Ann. sections 49-27-1 etseq.

284 Miss. Code Ann. sections 29-15-1 etseq.

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Changes Since Publication of the NWPR

• Legislative Change285

o Change in definition of "coastal wetlands" and addition of a definition for
"ordinary high water mark" (OHWM) allows for the Department of Marine
Resources to determine where the OHWM lies. Previously the term was
undefined.

DD. is )URI

Definition of Waters of the State:

• All water within the jurisdiction of this state, including all rivers, streams, lakes and other
bodies of surface and subsurface water lying within or forming a part of the boundaries of
the state which are not entirely confined and located completely upon lands owned,
leased or otherwise controlled by a single person or by two or more persons jointly or as

OOzT

tenants in common.

Definition of Wetlands:

• Those areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. This definition is consistent
with both the Corps wetlands definition at 33 CFR 328.3(b) and the U.S. EPA wetlands
definition at 40 CFR 232.2(r).287

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.288

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 7 in coordination with the state of
Missouri.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks. State code includes financial responsibility requirements for facilities with
aboveground storage tanks, except for refineries, pipeline terminals, rail terminals or
marine terminals.289

285 Miss. Code 49-27-5 / Miss. H.B. 594 (2021)

286 Mo. Rev. Stat, section 644.016(27).

287 Mo. Code Regs. tit. 10,20-7.031(l)(FF).

288 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

289 Mo. Code Regs. tit. 26,414.012 et seq.

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• State code authorizes cost recovery for spills; state does have a spill trust fund.290

401 Certification:

402 NPDES Program:

• EPA has approved the state of Missouri to administer the NPDES permitting program.
The state issues its permits through the Missouri Department of Natural Resources.
Missouri has an authorized NPDES permit program, pretreatment program, general
permits program, and is authorized to regulate federal facilities. Missouri does not have
an authorized biosolids program.291

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Does not have state authority to issue permits for dredged and fill activities in surface
waters and wetlands.

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

EEL MONTANA

Definition of Waters of the State:

• A body of water, irrigation system, or drainage system, either surface or underground.
The term does not apply to: (i) ponds or lagoons used solely for treating, transporting, or
impounding pollutants; or (ii) irrigation waters or land application disposal waters when
the waters are used up within the irrigation or land application disposal system and the
waters are not returned to state waters.292

Definition of Wetlands:

No Net Loss Goal for Wetlands:

• Has a formal net gain/increase goal for wetlands.294

Additional State Conditions and Requirements:

290 Mo. Rev. Stat, section 260.530, 260.535.

291 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

292 Mont. Code Ann. section 75-5-103.

293 Mont. Admin. R. 17.30.502(12).

294 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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•	Montana has qualified stringency prohibitions that apply to rules implementing water
quality and public water supply programs. The statutory language, identical for both
programs, provides that the Board of Environmental Review may not adopt an
implementing rule that is more stringent than the federal regulations or guidelines that
address the same circumstances unless the Board makes a written finding— following a
public hearing and comment, and based on record evidence—that the more-stringent state
requirement: (1) protects public health or the environment of Montana; (2) can mitigate
the harm to public health or the environment; and (3) is achievable under current
technology.295

•	The Board of Environmental Review may adopt rules implementing water quality law
that are more stringent than corresponding draft or final federal regulations, guidelines, or
criteria, only if it makes written findings, based on sound scientific or technical evidence
in the record, stating that the stricter state requirements are necessary to protect the public
health, beneficial use of water, or the environment of Montana.296

303 Water Quality Standards:

•	Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

•	The 311 program is administered by EPA Region 8 in coordination with the state of
Montana.

•	State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks, which may be covered by the Petroleum Tank Release Cleanup Fund provided that
they meet minimum design, construction, and installation standards (double-walled and
have maximum storage capacities of less than 30,000 gallons).297

•	State code authorizes cost recovery for spills; state does have a spill trust fund, accessible
to facilities with aboveground storage tanks less than 30,000 gallons.298

401	Certification:

•	The state has authority to certify, conditionally certify, waive review, or deny
certification of federal permits and licenses. Without certification or waiver the federal
agency cannot issue the permit or license.

402	NPDES Program:

•	EPA has approved the state of Montana to administer the NPDES permitting program.
The state issues its permits through the Montana Department of Environmental Quality.
Montana has an authorized NPDES permit program, general permits program, and is
authorized to regulate federal facilities. Montana does not have an authorized biosolids or
pretreatment program.299

295	Mont. Code Ann. section 75-5-203; 75-6-116.

296	Mont. Code Ann. section 75-5-309.

297	Mont. Admin. R. 17.58.326.

298	Mont. Code Ann. sections 75-5-63, 75-5-635.

299	EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

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• EPA issues all NPDES permits on tribal lands.300

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters.301

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

FF. NEBRASKA

Definition of Waters of the State:

• All waters within the jurisdiction of this state, including all streams, lakes, ponds,
impounding reservoirs, marshes, wetlands, watercourses, waterways, wells, springs,
irrigation systems, drainage systems, and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private, situated wholly or partly
within or bordering upon the state.302

Definition of Wetlands:

No Net Loss Goal for Wetlands:

• Has an informal no net loss goal for wetlands.304

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 7 in coordination with the state of
Nebraska.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks. Installation and replacement of aboveground storage tanks require a permit from
the State Fire Marshal.305

3°° epa, Montana NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/montana-npdes-permits.

301 Mont. Code Ann. sections 75-7-101 etseq., 75-7-201 etseq.

302 Neb. Rev. Stat, section 81-1502(21).

303 117 Neb. Admin. Code, ch. 1, section 073.

304 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

305 1 53 Neb. Admin. Code, ch. 17.

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• State code authorizes cost recovery for spills; state has a spill trust fund for releases from
aboveground storage tanks (Petroleum Release Remedial Action Reimbursement
Fund).306

401 Certification:

402 NPDES Program:

• EPA has approved the state of Nebraska to administer the NPDES permitting program.
The state issues its permits through the Nebraska Department of Environmental Quality.
Nebraska has an authorized NPDES permit program, pretreatment program, general
permits program, and is authorized to regulate federal facilities. Nebraska does not have
an authorized biosolids program.307

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Does not have state authority to issue permits for dredged and fill activities in surface
waters and wetlands.

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: no change

GG.

Definition of Waters of the State:

• All waters situation wholly or partly within or bordering upon the state, including but not
limited to: all streams, lakes, ponds, impounding reservoirs, marshes, water courses,
waterways, wells, springs, irrigation systems, and drainage systems; and all bodies or
accumulations of water, surface and underground, natural or artificial.308

Definition of Wetlands:

• Land having a water table at, near or above the land surface, or land that has been
saturated with water for a period of time long enough to promote wetland or aquatic
processes indicated by hydric soil, hydrophytic vegetation and other biological activity
adapted to a wet environment.309

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.310

306 Neb. Rev. Stat, sections 81-1508; 126 Nebraska Admin. Code ch. 18.

307 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

308 Nev. Rev. Stat, section 445A.415.

309 Nev. Admin. Code section 321.448.

310 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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Additional State Conditions and Requirements:

• Nevada's Administrative Procedure Act provides that for purposes of a state agency's
notice of intent to adopt a regulation, as well as in a statement to accompany an adopted
regulation, the agency must summarize any state provisions that are more stringent than
their federal counterparts. Additionally, when a small business impact statement is
required, the agency must further explain why the more-stringent state provisions are
necessary.311

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 9 in coordination with the state of
Nevada.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks, administered by the State Fire Marshal. Specific state requirements cover
aboveground storage tanks at marinas for tanks less than 12,000 gallons, including
registration, fees, and technical requirements for secondary containment and overfill
prevention.

• State code authorizes cost recovery for spills and resource damages; state does not have a
spill trust fund.313

401 Certification:

402 NPDES Program:

• EPA has approved the state of Nevada to administer the NPDES permitting program. The
state issues its permits through the Nevada Division of Environmental Protection. Nevada
has an authorized NPDES permit program, pretreatment program, general permits
program, and is authorized to regulate federal facilities. Nevada does not have an
authorized biosolids program.314

• EPA issues all NPDES permits on tribal lands.315

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in submerged lands.316

• Relies on federal permitting authority and CWA section 401.

311 Nev. Rev. Stat, section 233B.0603(l)(a)(9); 233B.0609(6); 233B.066(l)(i).

312 Nev. Admin. Code sections 459.9921, 477.323.

313 Nev. Rev. Stat, section 445A.700, 445C.310.

314 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

315 EPA, NPDES Wastewater & Stormwater Permits (2017), available at
https://www3.epa.gov/region9/water/npdes/permits.html.

316 Nev. Rev. Stat, sections 322.100 etseq:, NAC 322.060

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Changes Since Publication of the NWPR: No change

HH. NEW HAMPSHIRE

Definition of Waters of the State:

• Surface waters of the state are perennial and seasonal streams, lakes, ponds, and tidal
waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering
on the state, marshes, water courses, and other bodies of water, natural or artificial.317

• Groundwaters shall mean all areas below the top of the water table, including aquifers,
wells and other sources of groundwater.318

Definition of Wetlands:

• An area that is inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal conditions does support, a
prevalence of vegetation typically adapted for life in saturated soil conditions.319

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.320

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 1 in coordination with the state of New
Hampshire.

• Aboveground storage tanks are regulated by the state Department of Environmental
Services and the Fire Marshal's Office; state has adopted the Uniform Fire Code (NFPA
30 and 3OA) for aboveground storage tanks. Rules apply to facilities with a single tank
with a capacity greater than 660 gallons or facilities with two or more tanks capacity
greater than 1,320 gallons. Requirements include registration, construction standards,
release detection and prevention, secondary containment, and an SPCC Plan (certified by
PE licensed in NH).321

• State code authorizes cost recovery for spills and resource damages; state has a spill trust
fund.322

317 N.H. Rev. Stat, section 485-A:2(XIV).

318 Id. at V. Although groundwaters are not included in the same definition as surface waters for the purposes of what is a water
of the state, New Hampshire treats both surface and groundwater as waters of the state in its Water Pollution and Waste Disposal
Act. N.H. Rev. Stat, section 485-A: 1.

319 N.H. Rev. Stat, section 482-A:2.

320 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

321 N.H. Code Admin. R. Env-Or 300.

322 N.H. Rev. Stat, chapter 146-A.

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401 Certification:

402 NPDES Program:

• New Hampshire is not authorized to run the NPDES program.323

• EPA issues all NPDES permits in New Hampshire.324

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,325 including isolated waters.326

Changes Since Publication of the NWPR

• Regulatory Change327

o Revisions to Wetland Rules effective October 2020

• Proposed Change328

o Bill proposed that would change the definition of 'prime wetland'.

II.

Definition of Waters of the State:

• All surface waters and ground waters in the State.329

Definitions of Wetlands:

• Coastal wetland: any bank, marsh, swamp, meadow, flat or other low land subject to
tidal action in the State of New Jersey along the Delaware bay and Delaware river,
Raritan bay, Barnegat bay, Sandy Hook bay, Shrewsbury river including Navesink river,
Shark river, and the coastal inland waterways extending southerly from Manasquan Inlet
to Cape May Harbor, or at any inlet, estuary or tributary waterway or any thereof,
including those areas now or formerly connected to tidal waters whose surface is at or
below an elevation of 1 foot above local extreme high water, and upon which may grow
or is capable of growing some, but not necessarily all, of the listed plants.330

• Freshwater wetland: an area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal

323 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

324 EPA, New Hampshire NPDES Permits, available at https://www.epa.gov/npdes-permits/new-hampshire-npdes-permits.

325 N.H. Rev. Stat, chapter 482-A.

326 ELI, 2013. State Constraints: State-Impo sed Limitations on the Authority of Agencies to Regulate W aters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

327 N.H. DES Administrative Rule Env-Wt 100-900, available at https://www.des.nh.gov/rules-and-
regulatorv/administrative-rules?kevs=envwt

328 N.H. House Bill 158 (2021) regarding definition change of Chapter 482-A: 15 "primary wetlands"
www.gencourt.state.nh.us/bill Status/billText.aspx?sv=2021&id=300&txtFormat=html

329 N.J. Rev. Stat, section 58:lA-3.

330 N.J. Rev. Stat, section 13:9A-2.

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circumstances does support, a prevalence of vegetation typically adapted for life in
saturated soil conditions, commonly known as hydrophytic vegetation; provided,
however, that the department, in designating a wetland, shall use the 3-parameter
approach (i.e. hydrology, soils and vegetation) enumerated in the April 1, 1987 interim-
final draft "Wetland Identification and Delineation Manual" developed by the United
States Environmental Protection Agency, and any subsequent amendments thereto.331

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.332

Additional State Conditions and Requirements:

• By executive order issued in 1994, New Jersey agencies adopting a rule or regulation to
implement or otherwise comply with federal programs must provide a statement as to
whether the rule or regulation contains any standards or requirements which exceed the
standards or requirements imposed by federal law. The agency must include a cost-
benefit analysis supporting its determination to impose the standards and showing that the
standards are achievable under current technology.333

• A related requirement in a 2010 executive order prohibits a state agency from proposing a
rule that exceeds the requirements of federal law, except when required to do so by state
law, or when doing so is necessary to achieve a New Jersey specific public policy goal.
Agencies are further required to detail and justify every instance where a proposed rule
exceeds the requirements of federal law or regulation.334

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 2 in coordination with the state of New
Jersey.

• State has established specific requirements for facilities with aboveground storage tanks,
including requirements for secondary containment, overfill prevention, and tank integrity,
similar to SPCC requirements.335

• State has also adopted the Uniform Fire Code (NFPA 30 and 30A) as well as the National
Building and Mechanical Code (under BOCA) for aboveground storage tanks.336

• State code authorizes cost recovery for spills and resource damages; state has a spill trust
fund (New Jersey Spill Compensation and Control Act).337

401 Certification:

331 N.J. Rev. Stat, section 13:9B-3.

332 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

333 N.J. Exec. Order No. 27 (Gov. Whitman), Nov. 2, 1994.

334 N.J. Exec. Order No. 2 (Gov. Christie), Jan. 20,2010.

335 N.J. Admin. Code section 7: IE.

336 Id.

337 N.J. Rev. Stat, section 58:10-23.11.

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402 NPDES Program:

• EPA has approved the state of New Jersey to administer the NPDES permitting program.
The state issues its permits through the New Jersey Department of Environmental
Protection. New Jersey has an authorized NPDES permit program, pretreatment program,
general permits program, and is authorized to regulate federal facilities. New Jersey does
not have an authorized biosolids program.338

404 Dredged and Fill Permitting:

• New Jersey has assumed the administration of the 404 program (has full state permitting
authority).339

• Has state authority to issue permits for dredged and fill activities in coastal surface waters
and wetlands,340 and isolated waters.341

Changes Since Publication of the NWPR: No change

J J. NEW MEXICO

Definition of Waters of the State:

• All water, including water situated wholly or partly within or bordering upon the state,
whether surface or subsurface, public or private, except private waters that do not
combine with other surface or subsurface water.342

• All natural waters flowing in streams and watercourses, whether perennial or torrential,
within the limits of the state of New Mexico, belong to the public and are subject to
appropriation for beneficial use. A watercourse is hereby defined to be any river, creek,
arroyo, canyon, draw, or wash, or any other channel having definite banks and bed with
visible evidence of the occasional flow of water.343

Definition of Wetlands:

• Those areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions in New Mexico.
Wetlands that are constructed outside of a surface water of the state for the purpose of

338 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

339 EPA, 2018. State or Tribal Assumption of the Section 404 Permit Program, available at https: //www, epa. go v/cwa-404/state-
or-tribal-assumption-section-404-permit-program. Mitigation is required for all wetland and water impacts permitted under an
individual permit as well as for three general permits (hazardous waste cleanup and remediation, landfill closures, and
redevelopment of brownfields). See ASWM, New Jersey State Wetland Program Summary, available at
https://www.aswm.org/pdf lib/state summaries/new iersev state wetland program summary 090415.pdf.

340 N.J. Rev. Stat, sections 13:9A-1 etseq.

341 ELI, 2013. State Constraints: State-Impo sed Limitations on the Authority of Agencies to Regulate W aters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

342 N.M. Stat, section 74-6-2.

343 N.M. Stat, section 72-1-1

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providing wastewater treatment and that do not impound a surface water of the state are
not included in this definition.344

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.345

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 6 in coordination with the state of New
Mexico.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks, administered by the State Fire Marshal. State also has specific aboveground
storage tanks regulations that apply to tanks that are 1,320 gallons or more, and less than
55,000 gallons. Requirements include registration, design, construction and installation
standards, release detection, record-keeping and financial responsibility.346

• State code authorizes cost recovery for spills and resource damages; state has a spill trust
fund.347

401 Certification:

402 NPDES Program:

• New Mexico is not authorized to run the NPDES program.348

• EPA issues all NPDES permits in New Mexico.349

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Does not have state authority to issue permits for dredged and fill activities in surface
waters and wetlands.

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

344 N.M. CodeR. section 20.6.4.7.W(4).

345 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

346 N.M. CodeR. section20.5.

347 N.M. Stat, sections 74-4-7, 744-8, 74-4-10.

348 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

349 EPA, New Mexico NPDES Permits, available at https://www.epa.gov/npdes-permits/new-mexico-npdes-permits.

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K.K.

Definition of Waters of the State:

•	Includes lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers,
streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial
limits of the state of New York and all other bodies of surface or underground water,
natural or artificial, inland or coastal, fresh or salt, public or private (except those private
waters which do not combine or effect a junction with natural surface or underground
waters), which are wholly or partially within or bordering the state or within its
jurisdiction.350

Definitions of Wetlands:

•	Freshwater wetlands: lands and waters of the state as shown on the freshwater wetlands
map which contain any or all of the following: (a) lands and submerged lands commonly
called marshes, swamps, sloughs, bogs, and flats supporting aquatic or semi-aquatic
vegetation;351 (b) lands and submerged lands containing remnants of any vegetation that
is not aquatic or semi-aquatic that has died because of wet conditions over a sufficiently
long period, provided that such wet conditions do not exceed a maximum seasonal water
depth of six feet and provided further that such conditions can be expected to persist
indefinitely, barring human intervention; (c) lands and waters substantially enclosed by
aquatic or semi-aquatic vegetation as set forth in paragraph (a) or by dead vegetation as
set forth in paragraph (b) the regulation of which is necessary to protect and preserve the
aquatic and semi-aquatic vegetation as set forth in paragraph (a) or by dead vegetation as
set forth in paragraph (b) the regulation of which is necessary to protect and preserve the
aquatic and semi-aquatic vegetation; and (d) the waters overlying the areas set forth in (a)
and (b) and the lands underlying (c).352

•	Tidal wetlands: shall mean and include the following: (a) those areas which border on or
lie beneath tidal waters, such as, but not limited to, banks, bogs, salt marsh, swamps,
meadows, flats or other low lands subject to tidal action, including those areas now or
formerly connected to tidal waters; (b) all banks, bogs, meadows, flats and tidal marsh
subject to such tides, and upon which grow or may grow some or any specific
vegetation.

No Net Loss Goal for Wetlands:

•	Does not have a no net loss goal for wetlands.354

Additional State Conditions and Requirements:

350	N.Y. Env. Law section 17-0105(2).

351	Definition includes descriptions of eight types of vegetation (wetland trees; wetland shrubs; emergent vegetation; rooted,
floating-leaved vegetation; free-floating vegetation; wet meadow vegetation; bog mat vegetation; and submergent vegetation).

352	N.Y. Env. Law section 24-0107(1).

353	N.Y. Env. Law section 25-0103(1). Definition includes descriptions often types of vegetation (salt hay, black grass, saltworts,
sea lavender, tall cordgrass, hightide bush, cattails, groundsel, marsh mallow, and low marsh cordgrass).

354	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 2 in coordination with the state of New
York.

• State has established specific requirements for facilities with aboveground storage tanks,
with a combined storage capacity of more than 1,100 gallons. Technical requirements
include tank registration (every five years), secondary containment, comprehensive
inspections, and cathodic protection.355

• Additional requirements apply to oil storage facilities with capacities of 400,000 gallons
or more, including fees, operating licenses, and implementation of a spill prevention
plan.356

• State code authorizes cost recovery for spills and resource damages; state has a spill trust
fund.357

401 Certification:

402 NPDES Program:

• EPA has approved the state of New York to administer the NPDES permitting program.
The state issues its permits through the New York Department of Environmental
Conservation. New York has an authorized NPDES permit program, general permits
program, and is authorized to regulate federal facilities. New York does not have an
authorized biosolids or pretreatment program.358

• EPA issues all NPDES permits on tribal lands and for some federal facilities.359

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,360 including isolated waters.361

Changes Since Publication of the NWPR: No change

355 N.Y. Env. Law sections 17-1001 et seq.

356 N.Y. Nav. Law article 12.

357 N.Y. Nav. Law sections 171, 189.

358 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

359 EPA, New York NPDES Permits, available at https://www.epa.gov/npdes-permits/new-vork-npdes-permits.

360 N.Y. Env. Law sections 24-0101 et seq., 25-0101 et seq., 15-0501 et seq.

361 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

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LL. NORTI I CAROLINA

Definition of Waters of the State:

• Any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir,
waterway, or other body or accumulation of water, whether surface or underground,
public or private, or natural or artificial, that is contained in, flows through, or borders
upon any portion of this State, including any portion of the Atlantic Ocean over which the
State has jurisdiction.362

Definition of Wetlands:

• Areas that are inundated or saturated by an accumulation of surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands classified
as waters of the state are restricted to waters of the United States as defined by 33 CFR
328.3 and 40 CFR 230.3.363

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.364

Additional State Conditions and Requirements:

• Subject to certain exceptions, North Carolina agencies that implement and enforce
environmental laws may not adopt a rule for protection of the environment or natural
resources that imposes a more restrictive standard, limitation, or requirement than those
imposed by federal law or rule, if a federal law or rule pertaining to the same subject
matter has been adopted. The exceptions, which are narrow, include where adoption of a
more restrictive rule would be required by a serious and unforeseen threat to the public
health, safety, or welfare.365

• Wetlands classified as waters of the state are restricted to waters of the United States as
defined by 33 CFR 328.3 and 40 CFR 230.3.366

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 4 in coordination with the state of
North Carolina.

• State regulates aboveground storage tanks at oil terminal facilities only, having a capacity
of 21,000 gallons or higher (excluding retail gasoline operations). Facilities are required

362 N.C. Gen. Stat. 143-212(6).

363 15A N.C. Admin. Code 02B.0202.

364 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

365 N.C. Gen. Stat, section 150B-19.3.

366 15A N.C. Admin. Code 02B .0202.

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to register with the state and provide a site plan and description of procedures for the
prevention of oil spills.367

• Aboveground storage tanks are also covered by the NC Carolina Fire Code (following
NFPA Standard 30 and 3OA), administered by the State Fire Marshal.368

• State code authorizes cost recovery for spills and resource damages; state has a spill trust
fund.369

401 Certification:

402 NPDES Program:

• EPA has approved the state of North Carolina to administer the NPDES permitting
program. The state issues its permits through the North Carolina Department of
Environmental Quality. North Carolina has an authorized NPDES permit program,
pretreatment program, general permits program, and is authorized to regulate federal
facilities. North Carolina does not have an authorized biosolids program.370

• EPA issues all NPDES permits on tribal lands.371

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in coastal surface waters
and wetlands,372 submerged lands,373 and isolated waters.374

Changes Since Publication of the NWPR

• Regulatory Change375

o On March 16, 2021, the NC Department of Environmental Quality (DEQ)
proposed temporary rules to reestablish a permitting mechanism for projects
impacting waters subject to state wetland protections but no longer a federally
jurisdictional wetland or surface water; the temporary rules became effective May
28, 2021.

MM.

Definition of Waters of the State:

• All waters within the limits of the state from the following sources of water supply:
waters on the surface of the earth excluding diffused surface waters but including surface

367 N.C. Gen. Stat, sections 143-215.95 etseq.

368 NC DEQ, Underground Storage Tank Section, available at http://portal.ncdenr.org/web/wm/ust/otfmain.

369 N.C. Gen. Stat, sections 143-215.87, 143-215.88,143-215.88A, 143-215.90, 143-215.93.

370 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

371 EPA, North Carolina NPDES Permits, available at https://www.epa.gov/npdes-permits/north-carolina-npdes-permits.

372 N.C. Gen. Stat, sections 113A-100 etseq.

373 N.C. Gen. Stat, section 113-229.

374 1 5A N.C. Admin. Code 2H.1301 etseq.

375 1 5ANCAC 02H 0.1400 etseq.; 15ANCAC 02H 0.1301 (Revision)

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waters whether flowing in well-defined channels or flowing through lakes, ponds, or
marshes which constitute integral parts of a stream system, or waters in lakes; waters
under the surface of the earth whether such waters flow in defined subterranean channels
or are diffused percolating underground water; all residual waters resulting from
beneficial use, and all waters artificially drained; and all waters, excluding privately
owned waters, in areas determined by the state engineer to be noncontributing drainage
areas. A noncontributing drainage area is any area that does not contribute natural
flowing surface water to a natural stream or watercourse at an average frequency more
often than once in three years over the latest 30-year period.376

Definition of Wetlands:

• A natural depressional area that is capable of holding shallow, temporary, intermittent, or
permanent water. It does not include sheetwater.377

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.378

Additional State Conditions and Requirements:

• The state department of health may only adopt rules more stringent than federal
regulations if, after a public hearing, a written finding is made that federal regulations are
not adequate to protect public health and the environment of the state; this law applies to
rules adopted pursuant to a number of federal laws including the CWA.379

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 8 in coordination with the state of
North Dakota.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks, administered by the State Fire Marshal. All owners or operators of aboveground
petroleum storage tanks are required to register tanks with the state and pay an annual
registration fee for each tank.380

• State code authorizes cost recovery for spills; state has a spill trust fund (Petroleum Tank
Release Compensation Fund; covers registered tanks).381

401 Certification:

376 N.D. Cent. Code section 61-01-01.

377 N.D. Cent. Code section 61-31-02 (7).

378 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

379 N.D. Cent. Code section 23-01-04.1.

380 See North Dakota Attorney General, Above Ground Storage of Liquid Fuels, available at
https://attornevgeneral.nd.gov/public-safetv/above-ground-storage-liauid-fuels.

381 N.D. Cent. Code, sections 23-20.3-05.1, 23-20.3-09, 23-31-01,23-37-12.

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402 NPDES Program:

• EPA has approved the state of North Dakota to administer the NPDES permitting
program. The state issues its permits through the North Dakota Department of Health.
North Dakota has an authorized NPDES permit program, pretreatment program, general
permits program, and is authorized to regulate federal facilities. North Dakota does not
have an authorized biosolids program.382

• EPA issues all NPDES permits on tribal lands.383

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in submerged lands.384

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No Change

NN.

Definition of Waters of the State:

• All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, and other bodies or accumulations of water, surface and
underground, natural or artificial, regardless of the depth of the strata in which
underground water is located, that are situated wholly or partly within or border upon this
state or are within its jurisdiction.385

Definition of Wetlands:

• Those areas that are inundated or saturated by surface or ground water at a frequency and
duration that are sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
includes swamps, marshes, bogs, and similar areas that are delineated in accordance with
the 1987 United States army corps of engineers wetland delineation manual and any other
procedures and requirements adopted by the United States army corps of engineers for
delineating wetlands.386

No Net Loss Goal for Wetlands:

382 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

383 EPA, North Dakota NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/north-dakota-npdes-permits.

384 N.D. Cent. Code chapter 61-03, 61-33; N.D. Admin. Code article 89-10-01-34.

385 Ohio Rev. Code section 1501.30(A)(6).

386 Ohio Rev. Code section 6111,02(P).

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• Has a formal no net loss goal for wetlands.387

Additional State Conditions and Requirements:

• Prior to adopting any rule relating to environmental protection, state agencies must take
steps involving a cost-benefits analysis and technological feasibility of the rule; the
agency must submit information to the joint committee on agency rule review.388

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 5 in coordination with the state of
Ohio.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks (as Ohio Fire Code) administered by the State Fire Marshal. Permits are required to
install, remove, repair or modify tanks.389

• State code authorizes cost recovery for spills; state has a spill trust fund for use by the
state to investigate and respond to spills.390

401 Certification:

402 NPDES Program:

• EPA has approved the state of Ohio to administer the NPDES permitting program. The
state issues its permits through the Ohio Environmental Protection Agency. Ohio has an
authorized NPDES permit program, pretreatment program, general permits program,
biosolids program, and is authorized to regulate federal facilities.391

• EPA issues all NPDES permits on tribal lands.392

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.393

• Has state authority to issue permits for dredged and fill activities in coastal surface waters
and wetlands,394 submerged lands,395 and isolated waters.396

387 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

388 Ohio Rev. Code section 121.39.

389 Ohio Admin. Code 1301:7-7-01 etseq.

390 Ohio Rev. Code sections 3745.12-13.

391 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

392 EPA, Ohio NPDES Permits, available at https://www.epa.gov/npdes-permits/ohio-npdes-permits.

393 Ohio has considered assumption in 2012-2013. A 2012 attempt to amend the state statute (Ohio Revised Code) as part of an
omnibus bill was never adopted by the legislature. Another attempt in 2013 to add it to the budget bill was removed by
amendment prior to passing of the bill.

394 Ohio Rev. Code section 1506.

395 Id.

396 Ohio Rev. Code sections 6111.021 et seq.

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• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR

• Regulatory Change397

o In June 2020, Ohio EPA issued a new general permit for filling and discharge of
dredge material that covers Category I and Category II isolated wetlands and
ephemeral streams. The new general permit was issued in response to the NWPR rule
which left these water features unprotected.

• Proposed Change398

o In March 2021, a bill was introduced in the Ohio House of Representatives - H.B.
175 - that would remove ephemeral streams from the definition of Waters of the
State. The legislation would effectively remove state regulatory authority over this
water feature.

oo.

Definition of Waters of the State:

• All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, storm sewers, and all other bodies or accumulations of water,
surface and underground, natural or artificial, public or private, which are contained
within, flow through, or border upon this state or any portion thereof, and includes under
all circumstances the waters of the United States which are contained within the
boundaries of, flow through or border upon the state.399

Definition of Wetlands:

• Those lands subject to periodic or seasonal flooding by water as defined under Section
404 of the Clean Water Act and so designated by the State or Federal agency charged
with making such determination.400

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.401

Additional State Conditions and Requirements:

• Each state environmental agency, prior to adopting rules that are more stringent than
federal requirements, must prepare a statement outlining economic impacts and
environmental benefits of the rules; the statement must be submitted to the governor and
legislature.402

397 State of Ohio Isolated Wetland and Ephemeral Stream General Permit (June 2020), available at
https://epa.ohio.gov/Portals/35/permits/EphemeralStream-and-Ll-IW-GP.pdf

398 Ohio General Assembly House Bill 175 (2021), available at https://www.legislature.ohio.gov/legislation/legislation-
summarv?id=GA134-HB-175

399 Oklahoma Stat. tit. 27A, section 1-1-201 (20).

400 Okla. Admin. Code460:30-1-3.

401 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

402 Oklahoma Stat. tit. 27A, section 1-1-206.

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303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 6 in coordination with the state of
Oklahoma.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks, administered by the State Fire Marshal.403

• Facilities with aboveground petroleum storage tanks (110 gallons or greater at retail,
public airports, marinas, and emergency generators or 2100 gallons or greater at fleet and
commercial facilities) must register tanks with Oklahoma Corporation Commission, pay
fees, and meet technical requirements related to secondary containment, overfill
protection, design, security, inspection and release reporting.404

• State code authorizes cost recovery for spills; state has a spill trust fund.405

401 Certification:

402 NPDES Program:

• EPA has approved the state of Oklahoma to administer the NPDES permitting program.
The state issues its permits through the Oklahoma Dept. of Environmental Quality.
Oklahoma has an authorized NPDES permit program, pretreatment program, general
permits program, biosolids program, and is authorized to regulate federal facilities.406

• EPA issues permits on all tribal lands.407

• Oklahoma does not have the authority to issue NPDES permits for oil and gas exploration
and production related industries and pipeline operations. EPA is the permitting authority
for these activities.408

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Does not have state authority to issue permits for dredged and fill activities in surface
waters and wetlands.

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

403 Okla. Admin. Code 165:26-1 etseq.

404 Id.

405 Oklahoma Stat. tit. 21 A, section 2-7-129; Okla. Admin. Code 252:205-13-1,252:205-23-2.

406 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

407 EPA, Oklahoma NPDES Permits, available at https://www.epa.gov/npdes-permits/oklahoma-npdes-permits.

408 61 Fed. Reg. 65047-65053 (Dec. 10, 1996), available at https://www.govinfo.gov/content/pkg/FR-1996-12-10/html/96-
31274.htm

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OREGON

Definition of Waters of the State:

•	Lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks,
estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the
state, and all other bodies of surface or underground waters, natural or artificial, inland or
coastal, fresh or salt, public or private (except those private waters which do not combine
or effect a junction with natural surface or underground waters), which are wholly or
partially within or bordering the state or within its jurisdiction.409

Definition of Wetlands:

•	Those areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions.410

No Net Loss Goal for Wetlands:

•	Has a formal no net loss goal for wetlands.411

Additional State Conditions and Requirements:

•	The Oregon Environmental Quality Commission and the Department of Environmental
Quality are prohibited from promulgating or enforcing effluent limitations upon nonpoint
source discharges of pollutants resulting from forest operations on forestlands, unless
required to do so by the federal CWA.412

•	Oregon's Administrative Procedure Act sets forth the state policy that agencies are to
adopt rules that correspond with equivalent federal laws and rules, unless: (1) there is
specific statutory direction to the agency that authorizes adoption of the rule; (2) a federal
waiver authorizes the adoption of the rule; (3) local or special conditions in the state
warrant a different rule; (4) the state rule clarifies federal rules, standards, procedures, or
requirements; (5) the state rule achieves the goals of the federal and state law with the
least impact on public and private resources; or (6) there is no corresponding federal
regulation.413

303 Water Quality Standards:

•	Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

•	The 311 program is administered by EPA Region 10 in coordination with the state of
Oregon.

409	Or. Rev. Stat, section 468B.005.

410	Or. Admin. R. 340-055-0010.

411	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

412	Or. Rev. Stat, section 468B. 110(2).

413	Or. Rev. Stat, section 183.332.

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• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks, administered by the State Fire Marshal and local fire departments (OR Fire Code).
OR Department of Environmental Quality enforces requirements for facilities with
aboveground storage tanks with capacities of 10,000 gal or greater where petroleum oil is
received from pipelines or vessels.414

• State also has worst case spill contingency plan requirements for oil storage facilities.

• State code authorizes cost recovery for spills and resource damages; state has a spill trust
fund (Oil Spillage Control Fund) for use by the state for activities, such as reviewing
contingency plans and carrying out cleanup activities.415

401 Certification:

402 NPDES Program:

• EPA has approved the state of Oregon to administer the NPDES permitting program. The
state issues its permits through the Oregon Department of Environmental Quality. Oregon
has an authorized NPDES permit program, pretreatment program, general permits
program, and is authorized to regulate federal facilities. Oregon does not have an
authorized biosolids program.416

• EPA issues permits on all tribal lands and in federal waters off the coast.417

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,418 including isolated waters.419

Changes Since Publication of the NWPR

• New Guidance420

o The state of Oregon published a memorandum to the Environmental Quality
Commission to outline some of the impacts of the new federal regulations,
particularly where the narrowed federal program also limits when the state
certifies federal actions as complying with (federally-approved) state water
quality standards. ORDEQ is issuing Mutual Agreement Orders (similar to review
that would occur under CWA Section 401) to applicants for sites that are no
1 onger j uri sdi cti onal.

414 Or. Admin. R. 837-040-0010 etseq.

415 Or. Rev. Stat, sections 468B.45,468B.310, 468B.320,468B.455.

416 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

417 EPA, Oregon NPDES Permits, available at https://www.epa.gov/npdes-permits/oregon-npdes-permits.

418 Or. Rev. Stat, sections 196.800 etseq:, Or. Admin. R. 660-015-0010.

419 ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

420 State of Oregon, Department of Environmental Quality, Memorandum to Environmental Quality Commission (Nov 13,2020),
available at https://www.oregon.gov/dea/EQCdocs/120320 D WOTUS.pdf.

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QQ. PENNSYLVANIA

Definition of Waters of the Commonwealth:

• Includes any and all rivers, streams, creeks, rivulets, impoundments, ditches, water
courses, storm sewers, lakes, dammed water, ponds, springs and all other bodies or
channels of conveyance of surface or underground water, or parts thereof, whether
natural or artificial, within or on the boundaries of this Commonwealth.421

Definition of Wetlands:

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.423

Additional Commonwealth Conditions and Requirements:

• Commonwealth agencies may not exceed federal standards unless justified by a
compelling and articulable interest or required by Commonwealth law.424

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 3 in coordination with the
Commonwealth of Pennsylvania.

• Commonwealth has specific requirements for aboveground storage tank with capacities
greater than 250 gallons, including registration, permitting, inspections (for tanks >5,000
gallons) and release reporting. Spill prevention response plans are required for facilities
with capacities greater than 21,000 gallons. Specific technical requirements for
containment, overfill prevention, corrosion protection, leak detection, and
inspection/testing. Tanks located at oil production facilities and a food-related facilities
are exempted.425

• Commonwealth code authorizes cost recovery for taking corrective action in response to
spills; Commonwealth has a spill trust fund (Storage Tank Fund) for use by the
Commonwealth to operate the underground and aboveground storage tank programs and
carrying out spill cleanup activities.426

421 35 Pa. Cons. Stat, section 691.1.

422 Id.

423 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

424 Pa. Exec. Order No. 1996-1 (Feb. 6, 1996); 4 Pa. Code section 1.371(5).

425 P.L. 169, No. 32.

426 3 5 Pa. Cons. Stat, sections 691.8, 691.602.

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401 Certification:

402 NPDES Program:

• EPA has approved the Commonwealth of Pennsylvania to administer the NPDES
permitting program. The state issues its permits through the Pennsylvania Department of
Environmental Protection. Pennsylvania has an authorized NPDES permit program,
general permits program, and is authorized to regulate federal facilities. Pennsylvania
does not have an authorized biosolids or pretreatment program.427

404 Dredged and Fill Permitting:

• Has not assumed the Section 404 program.428

• Has Commonwealth authority to issue permits for dredged and fill activities in surface
waters and wetlands,429 including isolated waters.430

Changes Since Publication of the NWPR: No change

RR.

Definition of Waters of the Territory:

• All coastal waters, surface waters, estuarine waters, ground waters and wetlands as
defined in this Regulation.431

Definition of Wetlands:

• A natural area saturated by surface or ground water, at an interval or duration sufficient to
sustain, and under normal circumstances, does sustain or would sustain vegetation
typically adapted to saturated, flooded, or marshy soil conditions, which includes areas
such as swamps, marshes, coastal plains (salt flats and mud flats), open bodies of water,
salt marshes or similar areas.432

Additional Territory Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

427 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

428 Implements a State Programmatic General Permit pursuant to CWA 404(e) for specifically identified activities under Section
404 of the CWA or section 10 of the Rivers and Harbors Act of 1899. The currently operative permit is PASPGP-5 (issued July
2016). 46 Pa. B. 3879; http://www.nap.usace.armv.mil/Portals/39/docs/regulatorv/spgp/PASPGP-5.pdf7veF2018-01-12-111748-
487.

429 32 Pa. Cons. Stat, sections 693.1 et seq.

430 ELI, 2013. State Constraints: State-Impo sed Limitations on the Authority of Agencies to Regulate W aters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

431 Puerto Rico Rule 1301.1.

432 1 2 L.P.R.A. section 5005.

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311 Oil Spill Prevention, Preparedness and Response:

• Territory does not have an aboveground storage tank regulatory program and relies on
EPA to directly implement federal spill prevention and preparedness regulations.

401 Certification:

402 NPDES Program:

• EPA issues all NPDES permits within Puerto Rico.433

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No Changes

SS„ RHODE ISLAND

Definition of Waters of the State:

• All surface waters including all waters of the territorial sea; tidewaters; all inland waters
of any river, stream, brook, pond, or lake; and wetlands, as well as all groundwaters.434

Definitions of Wetlands:

• Freshwater wetlands: Includes, but is not limited to, those areas that are inundated or
saturated by surface or groundwater at a frequency and duration to support, and that
under normal circumstances do support a prevalence of vegetation adapted for life in
saturated soil conditions. Freshwater wetlands includes, but is not limited to: marshes,
swamps, bogs, emergent, and submergent plant communities, and for the purposes of this
chapter, rivers, streams, ponds, and vernal pools.435

Coastal wetland: Any salt marsh bordering on the tidal waters of this state, whether or not
the tidal waters reach the littoral areas through natural or artificial watercourses, and
those uplands directly associated and contiguous thereto which are necessary to preserve
the integrity of that marsh. Marshes shall include those areas upon which grow one or
more of certain species.436

No Net Loss Goal for Wetlands:

433 EPA, Puerto Rico NPDES Permits, available at https://www.epa.gov/npdes-permits/puerto-rico-npdes-permits.

434 R.I. Gen. Laws section 46-12-1.

435 R.I. Gen. Laws section 2-1-20.

436 R.I. Gen. Laws section 46-23-6. Definition includes descriptions of seventeen types of vegetation (smooth cordgrass, salt
meadow grass, spike grass, black rush, saltworts, sea lavender, saltmarsh bulrushes, hightide bush, tall reed, tall cordgrass,
broadleaf cattail, narrowleaf cattail, spike rush, chairmaker's rush, creeping bentgrass, sweet grass, and wild rye).

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• Has an informal no net loss goal for wetlands.437

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 1 in coordination with the state of
Rhode Island.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks, administered by the State Fire Marshal.

• State also has specific requirements for aboveground storage tanks with a combined
storage capacity over 500 gallons, including overfill protection, secondary containment,
cathodic protection for tank bottoms, and inspections (routine and for tanks of 10,000
gallons or more, detailed inspections required within 10 years of the tank installation).
Spill Prevention and Emergency Plans are required; facilities can use federal SPCC plans
to comply.438

• State code authorizes cost recovery for spills and resource damages; state has a spill trust
fund.439

401 Certification:

402 NPDES Program:

• EPA has approved the state of Rhode Island to administer the NPDES permitting
program. The state issues its permits through the Rhode Island Department of
Environmental Protection. Rhode Island has an authorized NPDES permit program,
pretreatment program, general permits program, and is authorized to regulate federal
facilities. Rhode Island does not have an authorized biosolids program.440

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,441 including isolated waters.442

437 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

438 250 R.I. Code R. 140-25-2.

439 R.I. Gen. Laws sections 46-12.5.1-6,46-12.5.1-7, 46-12.7-2.1.

440 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

441 R.I. Gen. Laws sections 2-1-18 et seq., 46-23-1 et seq.

442 ELI, 2013. State Constraints: State-Impo sed Limitations on the Authority of Agencies to Regulate W aters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

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Changes Since Publication of the NWPR: No change

• Regulatory change443

o Freshwater Wetland Rules Revised; filed July 19, 2021, effective date January 15,
2022

TT. SOUTI I CARD I JNA

Definition of Waters of the State:

• Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams,
creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of
the State and all other bodies of surface or underground water, natural or artificial, public
or private, inland or coastal, fresh or salt, which are wholly or partially within or
bordering the State or within its jurisdiction.444

Definition of Wetlands:

• Coastal wetlands: include marshes, mudflats, and shallows and means those areas
periodically inundated by saline waters whether or not the saline waters reach the area
naturally or through artificial water courses and those areas that are normally
characterized by the prevalence of saline water vegetation capable of growth and
reproduction. Provided, however, nothing in this definition shall apply to wetland areas
that are not an integral part of an estuarine system. Further, until such time as the exact
geographic extent of this definition can be scientifically determined, the department shall
have the authority to designate its approximate geographic extent.445

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.446

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 4 in coordination with the state of
South Carolina.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks, administered by the State Fire Marshal. Owners must register tanks with the State
Fire Marshal's Office for review.447

443 250 R.I. Code R. 150-15-2. Available at https://rules.sos.ri.gov/regulations/inactive/part/250-150-15-2

444 S.C. Code Ann. section 48-1-10(2).

445 S.C. Code Ann. section 48-39-10(G).

446 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

447 S.C. Code Ann. section 39^1-260.

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• State code authorizes cost recovery for spills; state does not have a spill trust fund.448

401 Certification:

402 NPDES Program:

• EPA has approved the state of South Carolina to administer the NPDES permitting
program. The state issues its permits through the South Carolina Department of Health
and Environmental Control. South Carolina has an authorized NPDES permit program,
pretreatment program, general permits program, and is authorized to regulate federal
facilities. South Carolina does not have an authorized biosolids program.449

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in coastal surface waters
and wetlands450 and submerged lands.451

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

UU.

Definitions of Waters of the State:

Definition of Wetlands:

No Net Loss Goal for Wetlands:

448 S.C. Code Ann. sections 48-43-560, 48-43-610.

449 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

450 S.C. Code Ann. sections 8-39-10 et seq.

451 S.C. Code Ann. section 49-1-10; S.C. Code Regs. 19-450.

452 S.D. Codified Laws section 34A-2-2(12).

453 S.D. Admin. R. 74:51:01:01(53).

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• Does not have a no net loss goal for wetlands.454

Additional State Conditions and Requirements:

• No rule that has been promulgated pursuant to South Dakota's laws regarding
environmental protection, mining, oil, gas, and/or water may be more stringent than any
corresponding federal law, rule, or regulation.455

• Another South Dakota stringency provision governs the rules pertaining to applications
for a federal license or permit necessary to conduct an activity which may result in a
discharge into waters of the state. It prohibits the Water Management Board from
establishing rules for certification that exceed minimum federal requirements.456

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 8 in coordination with the state of
South Dakota.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks, administered by the State Fire Marshal.457

• State also has differentiated requirements for aboveground storage tanks for facilities
with total capacities of 250,000 gallons or less and facilities with more 250,000 gallons,
including secondary containment, overfill protection, cathodic protection, and internal

4co

inspections.

• State code authorizes cost recovery for spills; state has a spill trust fund (Petroleum
Release Compensation Fund).459

401 Certification:

402 NPDES Program:

• EPA has approved the state of South Dakota to administer the NPDES permitting
program. The state issues its permits through the South Dakota Department of
Environment and Natural Resources. South Dakota has an authorized NPDES permit
program, pretreatment program, general permits program, biosolids program, and is
authorized to regulate federal facilities.460

454 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

455 S.D. Codified Laws section 1-40-4.1.

456 S.D. Codified Laws 34A-2-34.

457 S.D. Codified Laws section 34A-2-100.

458 Id.

459 S.D. Codified Laws sections 34A-12-3, 34A-12-12, 34A-2-53.

460 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

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•	EPA issues all NPDES permits on tribal lands.461

404 Dredged and Fill Permitting:

•	Has not assumed the 404 program.

•	Has state authority to issue permits for dredged and fill activities in submerged lands.462

•	Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change
VV. TEf

Definition of Waters of the State:

•	Any and all water, public or private, on or beneath the surface of the ground, that are
contained within, flow through, or border upon Tennessee or any portion thereof, except
those bodies of water confined to and retained within the limits of private property in
single ownership that do not combine or effect a junction with natural surface or
underground waters.463

Definition of Wetlands:

•	Those areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.464

No Net Loss Goal for Wetlands:

•	Does not have a no net loss goal for wetlands.465

Additional State Conditions and Requirements:

•	The government operations committee reviewing an environmental protection or water
pollution control rule must recommend to the general assembly termination of any rule
that imposes on municipalities or counties environmental requirements or restrictions that
are more stringent than federal statutes or rules on the same subject and that result in
increased expenditure requirements on municipalities or counties beyond those required
to meet the federal requirements - provided that, during the public comment period, the
agency was made aware of the issue, and the increased expenditure level was specified.
The provision does not apply if the general assembly has appropriated funds to cover the
increased expenditures.466

303 Water Quality Standards:

461	EPA, South Dakota NPDES Permits, available at https://www.epa.gov/npdes-permits/south-dakota-npdes-permits.

462	S.D. Codified Laws section 41-2-18; S.D. Admin. R. 41:04:03:01 et seq.

463	Tenn. Code Ann. section 69-3-103.

464	Tenn. Comp. R. & Regs. 0400-40-07-.03.

465	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

466	Tenn. Code Ann. section 4-5-226(k).

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• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 4 in coordination with the state of
Tennessee.

• State has adopted the 2003 edition of the Uniform Fire Code (NFPA 30 and 3 OA) for
aboveground storage tanks, administered by the State Fire Marshal.467

• State code authorizes cost recovery for spills; state does not have a spill trust fund related
to aboveground storage tanks (one exists for underground storage tanks).468

401 Certification:

402 NPDES Program:

• EPA has approved the state of Tennessee to administer the NPDES permitting program.
The state issues its permits through the Tennessee Department of Environment and
Conservation. Tennessee has an authorized NPDES permit program, pretreatment
program, general permits program, and is authorized to regulate federal facilities.
Tennessee does not have an authorized biosolids program.469

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,470 including isolated waters.471

Changes Since Publication of the NWPR
Proposed Change472

° While not directly related to jurisdictional issues, proposed amendments to TN's
water quality code by HB 707/SB 1043 (2021) would have eliminated previous
permit requirements for land application of treated sewage or wastewater.
New Guidance473

o Guidance on the exception to "Waters of the State" was initial guidance and did
not significantly increase or decrease the protection of state waters, though its
rebuttable presumption that all surface waters are linked with groundwater may be
viewed as increasing protections.474 Changes to Hydrologic Determination (HD)
guidance for determining whether a waterbody is a Water of the State were minor

467 Tenn. Code Ann. sections 50-3-101 et seq.

468 Tenn. Code Ann. sections 68-212-114, 68-216-103.

469 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

470 Tenn. Code Ann. section 69-3-108; Tenn. Comp. R. & Regs. 0400-4-7.

471 ELI, 2013. State Constraints: State-Impo sed Limitations on the Authority of Agencies to Regulate W aters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

472 Tenn. H.B. 707 (2021); Tenn. S.B. 1043 (2021).

473 Tenn. Dept. of Water Resources, DWR-NR-G-03, Hydrologic Determinations (2020)

474 Tenn. Dept. of Water Resources, DWR-NR-G-05, Waters of the State Exception Clause (2020)

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and did not seem to have a major impact on whether certain waters are
jurisdictional.

WW. TEXAS

Definition of Waters of the State:

•	Groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs,
springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of
Mexico, inside the territorial limits of the state, and all other bodies of surface water,
natural or artificial, inland or coastal, fresh or salt, navigable or non-navigable, and
including the beds and banks of all watercourses and bodies of surface water, that are
wholly or partially inside or bordering the state or inside the jurisdiction of the state.475

Definition of Wetlands:

•	An area (including a swamp, marsh, bog, prairie pothole, or similar area) having a
predominance of hydric soils that are inundated or saturated by surface or groundwater at
a frequency and duration sufficient to support and that under normal circumstances
supports the growth and regeneration of hydrophytic vegetation. The term "hydric soil"
means soil that, in its undrained condition, is saturated, flooded, or ponded long enough
during a growing season to develop an anaerobic condition that supports the growth and
regeneration of hydrophytic vegetation. The term "hydrophytic vegetation" means a plant
growing in: water or a substrate that is at least periodically deficient in oxygen during a
growing season as a result of excessive water content. The term "wetland" does not
include irrigated acreage used as farmland; a man-made wetland of less than one acre; or
a man-made wetland where construction or creation commenced on or after August 28,
1989, and that was not constructed with wetland creation as a stated objective, including
but not limited to an impoundment made for the purpose of soil and water conservation
that has been approved or requested by soil and water conservation districts. If this
definition of wetland conflicts with the federal definition in any manner, the federal
definition prevails.476

No Net Loss Goal for Wetlands:

•	Has a formal no net loss goal for wetlands.477

Additional State Conditions and Requirements:

•	The Texas Commission on Environmental Quality is prohibited from entering into a
memorandum of agreement or any other form of contract with or among state or federal
agencies that would impose requirements on the state with respect to administering the
water pollution control permitting program under the CWA that are "other than" or more
stringent than those "specifically set forth" in CWA section 402(b). This narrow

475	Tex. Water Code section 26.001(5).

476	30 Tex. Admin. Code section 307.3(a)(84).

477	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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provision does not, on its face, prohibit Texas Commission on Environmental Quality
from enacting regulatory requirements that are more stringent than federal law; rather, it
prohibits Texas Commission on Environmental Quality from imposing stricter
requirements by way of inter-agency agreements.478

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 6 in coordination with the state of
Texas.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks, administered by the State Fire Marshal.479

• State also has specific requirements for aboveground storage tanks, including registration,
fees, installation notification, reporting, recordkeeping, release reporting and corrective
action; tanks located at petrochemical plants, petroleum refineries, electric generating
facilities, or bulk facilities are exempted.480

• State code authorizes cost recovery for spills and related damages. State no longer has a
spill trust fund; the Petroleum Storage Tank Remediation (PSTR) fund ended in 2012.481

401 Certification:

402 NPDES Program:

• EPA has approved the state of Texas to administer the NPDES permitting program. The
state issues its permits through the Texas Commission on Environmental Quality. Texas
has an authorized NPDES permit program, pretreatment program, general permits
program, biosolids program, and is authorized to regulate federal facilities.482

• Texas is not authorized to issue permits for activities associated with the exploration,
development, or production of oil or gas or geothermal resources, including
transportation of crude oil or natural gas by pipeline. EPA is the permitting authority for
those facilities.483

• EPA issues all NPDES permits on tribal lands.484

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

478 Tex. Water Code section 26.017(5).

479 30 Tex. Admin. Code chapter 334.

480 Id.

481 Tex. Nat. Res. Code sections 40.202, 40.251.

482 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

483 Id.

484 EPA, Texas NPDES Permits, available at https://www.epa.gov/npdes-permits/texas-npdes-permits.

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• Does not have state authority to issue permits for dredged and fill activities in surface
waters and wetlands.

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

XX,

Definition of Waters of the Territory:

• All waters within the jurisdiction of the United States Virgin Islands including all
harbors, streams, lakes, ponds, impounding reservoirs, marshes, water-courses, water-
ways, wells, springs, irrigation systems, drainage systems and all other bodies or
accumulations of water, surface and underground, natural or artificial, public or private,
situated wholly or partly within or bordering upon the United States Virgin Islands,
including the territorial seas, contiguous zones, and oceans.485

Definition of Wetlands:

Additional Territory Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• Territory does not have an aboveground storage tank regulatory program and relies on
EPA to directly implement federal spill prevention and preparedness regulations.

401 Certification:

402 NPDES Program:

• EPA has approved the territory of the Virgin Islands to administer the NPDES permitting
program. The territory issues its permits through the Virgin Islands Department of
Conservation and Cultural Affairs. The Virgin Islands has an authorized NPDES permit

485 12 V.I.C. section 182(f).

486 Virgin Islands Rules and Regulations Title 12, Chapter 7, Subchapter 186, available at
https://www.epa.gov/sites/production/files/2014-12/documents/viwas.pdf.

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program, general permits program, and is authorized to regulate federal facilities. The
Virgin Islands do not have an authorized biosolids or pretreatment program.487

404 Dredged and Fill Permitting:

•	Has not assumed the 404 program.

•	Has territory authority to issue permits for dredged and fill activities in coastal surface
waters and wetlands.488

•	Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

YY.

Definition of Waters of the State:

•	All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, and all other bodies or accumulations of water, surface and
underground, natural or artificial, public or private, which are contained within, flow
through, or border upon this state or any portion of the state; does not include bodies of
water confined to and retained within the limits of private property, and which do not
develop into or constitute a nuisance, a public health hazard, or a menace to fish or
wildlife.489

Definition of Wetlands:

•	Those areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstance do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.490

•	No Net Loss Goal for Wetlands:

•	Has an informal no net loss goal for wetlands.491

Additional State Conditions and Requirements:

•	The Utah Water Quality Board is prohibited from enacting a rule to administer any
program under the federal CWA that is more stringent than the corresponding federal
rule, except where specific conditions are satisfied. To enact a more stringent state rule,
the Board must: (1) take public comment and hold a hearing; (2) make a written finding
based on record evidence that the federal regulations are inadequate to protect public
health and the environment in Utah; and (3) issue an accompanying opinion that cites and

487	EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

488	1 2 V.I.C. sections 901 et seq.

489	Utah Code section 19-5-102.

490	Utah Admin. Code r. 317-8-1.5(60)

491	ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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evaluates the public health and environmental information and studies in the record that
form the basis for the Board's conclusion.492

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 8 in coordination with the state of Utah.

• State has adopted the Uniform Fire Code (NFPA 30 and 30A) as Utah State Fire Code for
aboveground storage tanks, administered by the State Fire Marshal for state-owned tanks
and by local fire departments for all other tanks.493

• State does not have an authorized cost recovery mechanism for spills; state does not have
a spill trust fund for aboveground storage tanks (applies to underground storage tanks
only).494

401 Certification:

402 NPDES Program:

• EPA has approved the state of Utah to administer the NPDES permitting program. The
state issues its permits through the Utah Department of Environmental Quality. Utah has
an authorized NPDES permit program, pretreatment program, general permits program,
biosolids program, and is authorized to regulate federal facilities.495

• EPA issues permits on tribal lands.496

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters.497

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

VERMONT

Definitions of Waters of the State:

• Defined under the Wetlands Protection and Water Resources Management Act: Any and
all rivers, streams, brooks, creeks, lakes, ponds or stored water, and groundwaters,
excluding municipal and farm water supplies.498

492 Utah Code section 19-5-105.

493 Utah Code section 53-7-106.

494 Utah Code section 19-5-115

495 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

496 EPA, Utah NPDES Permits (2017) available at https://www.epa.gov/npdes-permits/utah-npdes-permits.

497 Utah Code section 73-3-29.

498 Vt. Stat. Ann. tit. 10, section 902(3).

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• Defined under the Water Pollution Control Act: All rivers, streams, creeks, brooks,
reservoirs, ponds, lakes, springs and all bodies of surface waters, artificial or natural,
which are contained within, flow through or border upon the state or any portion of it.499

Definition of Wetlands:

• Those areas of the state that are inundated by surface or groundwater with a frequency
sufficient to support significant vegetation or aquatic life that depend on saturated or
seasonally saturated soil conditions for growth and reproduction. Such areas include but
are not limited to marshes, swamps, sloughs, potholes, fens, river and lake overflows,
mud flats, bogs and ponds, but excluding such areas as grow food or crops in connection
with farming activities.500

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.501

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 1 in coordination with the state of
Vermont.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks, administered by the State Fire Marshal.502

• State code authorizes cost recovery for spills and related damages. State has a spill trust
fund for aboveground storage tanks (Petroleum Cleanup Fund) covering farm and
residential tanks up to $10,000. For bulk storage facilities storing motor fuel or heating
oil, the reimbursement ceiling is $990,000.503

401 Certification:

402 NPDES Program:

• EPA has approved the state of Vermont to administer the NPDES permitting program.
The state issues its permits through Vermont Department of Environmental Conservation.
Vermont has an authorized NPDES permit program, pretreatment program, and general

499 Vt. Stat. Ann. tit. 10, section 1251(13).

500 Vt. Stat. Ann. tit. 10, section 902(5).

501 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

502 Vt. Stat. Ann. tit. 10, section 1929a, chapter 159.

503 Vt. Stat. Ann. tit. 10, sections 6612, 6615, 6615d.

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permits program. Vermont does not have an authorized biosolids program and is not
authorized to regulate federal facilities.504

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,505 including isolated waters.506

Changes Since Publication of the NWPR

• Legislative Change507

o Vermont House bill 108 (already passed and signed into law) amends Vermont
Water Quality Standards to clarify that the standards apply to wetlands and
discharges to wetlands.

AAA. VIRGINIA

Definition of Waters of the Commonwealth:

• All water, on the surface and under the ground, wholly or partially within or bordering
the Commonwealth or within its jurisdiction, including wetlands.508

Definition of Wetlands:

No Net Loss Goal for Wetlands:

• Has a formal no net loss goal for wetlands.510

Additional Commonwealth Conditions and Requirements:

• Virginia imposes a Commonwealth limitation on sewage systems that may be no more
stringent than the CWA. The State Water Control Board may not require the state or any
of its political subdivisions to upgrade the level of treatment in a sewage treatment works
to a level more stringent than that required by applicable provisions of the federal
CWA.511

504 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

505 Vt. Stat. Ann., tit. 10, section 6081; Vt. Code R. 12 004 056.

506 Vt. Code R. 12 004 056; ELI, 2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate
Waters Beyond the Scope of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

507 1 0 V.S .A. § 1253. Classification of waters designated, reclassification, available at
https://legislature.vermont.gOv/bill/status/2022/H.108

508 Va. Code Ann. section 62.1-44.3.

S09Id.

510 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

511 Va. Code Ann. section 62.1-44.15:1.

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• When the Virginia State Water Control Board proposes a standard or policy to be adopted
by regulation under the Water Control Law that contains provisions that are "more
restrictive than applicable federal requirements," the Board must provide to the proper
standing committee of each house of the Commonwealth legislature a description of
those provisions and the reason why they are needed.512

• When the Board adopts WQS, it is required to adopt them "according to applicable
federal criteria or standards," unless the Board determines that "an additional or more
stringent standard" is necessary to protect public health, aquatic life, or drinking water
supplies.513

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 3 in coordination with the
Commonwealth of Virginia.

• Commonwealth has a comprehensive oil spill prevention and preparedness program
administered by the Virginia Department of Environmental Quality; the Virginia
Aboveground Storage Tank Program requires registration, notification, and closure of
tanks for owners of facilities with aggregate aboveground storage capacity of more than
1,320 gallons of oil or an operator of an individual tank with a storage capacity of more
than 660 gallons.

• Facilities with aggregate storage of 25,000 gallons or more of oil are required to develop
an Oil Discharge Contingency Plan and comply with pollution prevention standards and
procedures (e.g., inventory control, inspections, secondary containment, cathodic
protection, training, leak detection and financial responsibility requirements).

• Facilities with 1 million gallons or more must comply with additional prevention
standards and have a Groundwater Characterization Study to monitor the groundwater.

• Commonwealth code authorizes cost recovery for spills and related damages.
Commonwealth has a spill trust fund (Petroleum Storage Tank Reimbursement Fund)
covering releases from underground and aboveground storage tanks.

401 Certification:

402 NPDES Program:

• EPA has approved the Commonwealth of Virginia to administer the NPDES permitting
program. The state issues its permits through the Virginia Department of Environmental
Quality. Virginia has an authorized NPDES permit program, pretreatment program,

512 Va. Code Ann. section 62.1-44.15(3a), (10).

513 Va. Code Ann. section 62.1-44.19:7(B).

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general permits program, and is authorized to regulate federal facilities. Virginia does not
have an authorized biosolids program.514

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has Commonwealth authority to issue permits for dredged and fill activities in surface
waters and wetlands,515 including isolated waters.516

Changes Since Publication of the NWPR: No change

BBB. WASHINGTON

Definition of Waters of the State:

• Lakes, rivers, ponds, streams, inland waters, underground water, salt waters, and all other
surface waters and watercourses within the jurisdiction of the state of Washington.517

Definition of Wetlands:

• Areas that are inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. Wetlands do not include
those artificial wetlands intentionally created from non-wetland sites, including, but not
limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands
created after July 1, 1990 that were unintentionally created as a result of the construction
of a road, street, or highway. Wetlands may include those artificial wetlands intentionally
created from non-wetland areas created to mitigate conversion of wetlands.518

No Net Loss Goal for Wetlands:

• Has a formal net gain/increase goal for wetlands.519

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

514 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

515 Va. Code Ann. sections 28.2-13, 62.1-44.5, 62.1-44.15; 9 Va. Admin. Code sections 25-210-10 etseq.

516 Applies existing Virginia Water Protection (VWP) Permit requirements. Virginia DEQ, email, March 19, 2018. See also ELI,
2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the
Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

517 Wash. Rev. Code section 90.48.020.

518 Wash. Rev. Code section 36.70a.030(23).

519 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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• The 311 program is administered by EPA Region 10 in coordination with the state of
Washington.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks, administered by local fire departments. If a facility transfers oil to or from a tank
vessel, such as a barge or oil tanker, or to or from a pipeline, then it is subject to
Washington State's Contingency Planning and Facility Oil Handling Standards
regulations.520

• State code authorizes cost recovery for spills and related damages. State has a spill trust
fund; requires state to pursue funding from responsible party and federal sources (e.g.,
Oil Spill Liability Trust Fund) before using fund.521

401 Certification:

402 NPDES Program:

• EPA has approved the state of Washington to administer the NPDES permitting program.
The state issues its permits through the Washington Department of Ecology. Washington
has an authorized NPDES permit program, pretreatment program, and general permits
program. Washington does not have an authorized biosolids program and is not
authorized to regulate federal facilities.522

• EPA issues permits for federally-owned facilities and for tribal lands.523

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters524 and
isolated waters.525

Changes Since Publication of the NWPR:

• Implementation Change526

o There has been an increase in state Administrative Orders issued by Washington
Department of Ecology, which has required an increase in staff and funding.

520 Wash. Admin. Code chapters 173-182,173-180.

521 Wash. Rev. Code sections 90.56.330, 90.56.360, 90.56.500.

522 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

523 EPA, Washington NPDES Permits, available at https://www.epa.gov/npdes-permits/washington-npdes-permits.

524 Wash. Rev. Code chapter 77.55.

525 Wash. Rev. Code chapter 90.48. Washington Department of Ecology regulates impacts to federally non-jurisdictional
wetlands through administrative orders. Washington Department of Ecology, Wetland regulation & permitting resources,
available at https://ecologv.wa.gov/Water-Shorelines/Wetlands/Regulations: ELI, 2013. State Constraints: State-Imposed
Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the Federal Clean Water Act, available at
https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

526 Memorandum for the Record, Patrick Johnson August 19, 2021

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ccc.

Definition of Waters of the State:

• Any and all water on or beneath the surface of the ground, whether percolating, standing,
diffused or flowing, wholly or partially within this state, or bordering this state and within
its jurisdiction, and includes, without limiting the generality of the foregoing, natural or
artificial lakes, rivers, streams, creeks, branches, brooks, ponds (except farm ponds,
industrial settling basins and ponds and water treatment facilities), impounding
reservoirs, springs, wells, watercourses and wetlands.527

Definition of Wetlands:

No Net Loss Goal for Wetlands:

• Has an informal no net loss goal for wetlands.529

Additional State Conditions and Requirements:

• No legislative rule or program of the state department of environmental protection may
be more stringent than any federal rule or program except to the limited extent that the
agency first makes a written finding that there exists scientifically supportable evidence
for such a rule or program reflecting factors unique to the state.530

• With certain exceptions, rules promulgated by the state department of environmental
protection may include provisions which are more stringent than federal rules, provided
the agency supplies information that demonstrates that such provisions are reasonably
necessary to protect, preserve or enhance the quality of the environment, human health,
or safety.531

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 3 in coordination with the state of West
Virginia.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks.532

527 W.Va. Code section 22-11-3(23).

528 W.Va. CodeR. section 47-10-2.58.

529 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

53° w. Va. Code section 22-5-4.

531 W. Va. Code section 22-1-3a.

532 W. Va. Code sections 22-30, 22-31.

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• State also has developed comprehensive aboveground storage tank requirements,
including registration, release reporting requirements, submission of a Spill Prevention
and Response Plan, inspection of secondary containment by a professional engineer or
certified tank inspector, and financial responsibility requirements.533

• State code authorizes cost recovery for spills and related damages. State has a spill trust
fund for releases from aboveground storage tanks (Protect Our Water Fund).534

401 Certification:

402 NPDES Program:

• EPA has approved the state of West Virginia to administer the NPDES permitting
program. The state issues its permits through the West Virginia Department of
Environmental Protection. West Virginia has an authorized NPDES permit program,
pretreatment program, general permits program, and is authorized to regulate federal
facilities. West Virginia does not have an authorized biosolids program.535

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in isolated waters.536

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

DDD. WISCONSIN

Definition of Waters of the State:

• Those portions of Lake Michigan and Lake Superior within the boundaries of this state,
and all lakes, bays, rivers, streams, springs, ponds, well, impounding reservoirs, marshes,
watercourses, drainage systems, and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.537

Definition of Wetlands:

533 id.

534 W. Va. Code § 22-11-22,22-11-25,22-11-29,22-19-2.

535 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

536 West Virginia Department of Environmental Protection, Application for West Virginia State Waters Permit for Federally
Non-Jurisdictional Waters, available at

https://dep.wv.gOv/WWE/Programs/was/Documents/401%20Program/Isolated%20Waters%20Application%20090315.pdf: ELI,
2013. State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the
Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

537 Wis. Stat. Ann. section 281.01(18).

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• An area where water is at, near or above the land surface long enough to be capable of
supporting aquatic or hydrophytic vegetation and which has soils indicative of wet
conditions.538

No Net Loss Goal for Wetlands:

• Has a formal net gain/increase goal for wetlands.539

Additional State Conditions and Requirements:

• The Wisconsin Department of Natural Resources is required to comply with and not
exceed the requirements of the federal CWA and federal regulations in promulgating
pollution discharge elimination rules, as those rules relate to: point source discharges,
effluent limitations, municipal monitoring requirements, standards of performance for
new sources, toxic effluent standards or prohibitions, and pretreatment standards.540

• If the Department of Natural Resources seeks to adopt an environmental quality standard
more restrictive than a standard provided under corresponding federal law or regulation,
the department must advise the board why the more restrictive standard is needed to
protect public health, safety or the environment.541

303 Water Quality Standards:

• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 5 in coordination with the state of
Wisconsin.

• State has adopted the Uniform Fire Code (NFPA 30 and 3OA) for aboveground storage
tanks.542

• State (Department of Agriculture, Trade and Consumer Protection) regulates all
aboveground storage tanks with a capacity of 110 gallons or greater and requires
approval of construction plan, registration, permitting, inspections and fees.543

• State code authorizes cost recovery for spills and related damages. State has a spill trust
fund for releases from aboveground storage tanks (Petroleum Environmental Cleanup
Fund Act) that expires on June 30, 2020.544

401 Certification:

538 Wis. Stat. Ann. section 23.32(1).

539 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswrn.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

540 Wis. Stat. Ann. section 283.11(2).

541 Wis. Admin. Code NR section 1.52(3); http://www.ncsl.org/research/environment-and-natural-resources/state-agencv-
authority-to-adopt-more-stringent-environmental-standards.aspx.

542 Wis. Admin. Code Comm. chapter 10.

543 Id.

544 Wis. Stat. Ann. sections 292.98-.99.

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402 NPDES Program:

• EPA has approved the state of Wisconsin to administer the NPDES permitting program.
The state issues its permits through the Wisconsin Department of Natural Resources.
Wisconsin has an authorized NPDES permit program, pretreatment program, general
permits program, biosolids program, and is authorized to regulate federal facilities.545

• EPA issues all NPDES permits on tribal lands.546

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in surface waters and
wetlands,547 including isolated waters.548

Changes Since Publication of the NWPR

• Implementation Change549

o An existing state law - Wisconsin Act 183(2017) - which exempts discharges in
urban and rural areas for non-federal wetland, is now being implemented for the
wetlands now deemed non-federal under the NWPR rule that would have been
covered under state and federal permitting requirements.

4ING

Definition of Waters of the State:

• All surface and groundwater, including waters associated with wetlands, within the
state.550

Definition of Wetlands:

• Those areas in Wyoming having all three (3) essential characteristics: (A) Hydrophytic
vegetation; (B) Hydric soils; and (C) Wetland hydrology.551

No Net Loss Goal for Wetlands:

• Does not have a no net loss goal for wetlands.552

Additional State Conditions and Requirements:

• No limitations identified.

303 Water Quality Standards:

545 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

546 EPA, Wisconsin NPDES Permits, available at https://www.epa.gov/npdes-permits/wisconsin-npdes-permits.

547 Wis. Stat. Ann. chs. 30, 31, section 281.36.

548 ELI, 2013. State Constraints: State-Impo sed Limitations on the Authority of Agencies to Regulate W aters Beyond the Scope
of the Federal Clean Water Act, available at https://www.eli.org/sites/default/files/eli-pubs/d23-04.pdf.

549 Declaration of David Siebert, Division Administrator, Wisconsin DNR, State of California v. Wheeler, civ. no. 3:20-cv-
03005-RS, filed May 1, 2020

550 Wyo. Stat. Ann. section 35-ll-103(c)(vi)

551 Wyo. Stat. Ann. section 35-ll-103(c)(x)

552 ASWM, Status and Trends Report on State Wetland Programs in the United States (2015), available at
https://www.aswm.org/pdf lib/state summaries/status and trends report on state wetland programs in the united states 10
2015.pdf.

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• Has EPA-approved WQS.

311 Oil Spill Prevention, Preparedness and Response:

• The 311 program is administered by EPA Region 8 in coordination with the state of
Wyoming.

• State has adopted the Uniform Fire Code (NFPA 30 and 30A) for aboveground storage
tanks, administered by the State Fire Marshal, including plan review.

• State requires notification to Wyoming Department of Environmental Quality for
aboveground storage tanks containing gasoline and diesel fuel. State also has specific
technical requirements for aboveground storage tanks, including construction, secondary
containment, cathodic protection, overfill prevention (additional requirements for tanks >
100,000 gallons), and leak detection; for facilities with tanks of capacities of 100,000
gallons or greater, follow inspection requirements in API Standard 653.

• Facilities with storage capacities greater than 1,320 gallons required to have a federal
SPCC plan filed with the state.

• State code authorizes cost recovery for spills and related damages. State does not have a
spill trust fund.553

401 Certification:

402 NPDES Program:

• EPA has approved the state of Wyoming to administer the NPDES permitting program.
The state issues its permits through the Wyoming Department of Environmental Quality.
Wyoming has an authorized NPDES permit program, general permits program, and is
authorized to regulate federal facilities. Wyoming does not have an authorized biosolids
or pretreatment program.554

• EPA issues all NPDES permits on tribal lands.555

404 Dredged and Fill Permitting:

• Has not assumed the 404 program.

• Has state authority to issue permits for dredged and fill activities in isolated waters.556

• Relies on federal permitting authority and CWA section 401.

Changes Since Publication of the NWPR: No change

553 Wyo. Stat. Ann. section 35-11-901, 903.

554 EPA, State Program Authority, available at https://www.epa.gov/npdes/npdes-state-program-information.

555 EPA, Wyoming NPDES Permits, available at https://www.epa.gov/npdes-permits/wvoming-npdes-permits.

556 020.0011.2 Wyo. CodeR. section 2.

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2. Tribe-by-Tribe CWA Authorization
rview

Tribes play an important role in managing water resources and, where eligible, implementing
Clean Water Act (CWA) programs. This appendix provides a snapshot of the current known
status of federally-recognized tribes regarding CWA programs (including the eligibility status of
a tribe's treatment in a manner similar as a state (TAS) status and the approval status of their
water quality standards), definitions of tribal waters, and additional information on tribal codes,
ordinances, regulations, and/or policies that affect "waters of the reservation."

The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army)
("the agencies") compiled this information to describe the breadth of known tribal authorities
and to provide a picture of federal and tribal regulatory management of water resources. For the
purpose of this snapshot, the agencies compiled information from multiple tribal and federal
sources. Information on CWA section 303(c) was drawn from the EPA's website.1 The agencies
gathered information on tribal water laws and programs through tribal agency websites, EPA
websites, EPA regional staff, and from information provided by tribes to the agencies. All but
one of the tribes with TAS for CWA section 303(c) water quality standards also have TAS for
CWA section 401 water quality certification.

In determining where tribes have the authority to regulate waters that are not federally
jurisdictional under the CWA, the agencies relied primarily on tribal codes, ordinances, and
regulations, identified through publicly available resources. However, some tribes may
implement programs in non-federally jurisdictional waters as directed by implementation
guidance and policies that may not be available in the information sources used by the agencies.
This appendix is based upon the agencies' research but may not include the entire universe of
tribal ordinances, programs, and definitions. Tribes may have ordinances, programs, or
definitions which are not included in this appendix. The agencies also acknowledge that because
the federal government generally implements CWA programs on tribal lands, the one exception
being where tribes have received TAS to administer for CWA section 303(c) water quality
standards or for CWA section 401 water quality certification, a reduced scope of CWA
jurisdiction will affect tribes differently than it will affect states. Many tribes may lack the
capacity to administer a tribal water program under tribal law, to create a program, or to expand
programs that currently exist. Other tribes may rely on the federal government for enforcement
of water quality violations.

Definitions for tribal waters, including wetlands, were drawn from online directories of
regulatory titles and codes, and thus directly from tribal laws. Many tribes have also expressed to
the agencies in meetings and comments the cultural or spiritual significance of water to tribal
traditions, and the agencies have attempted to capture where tribes have made statements of the
cultural or spiritual significance of wetlands and other aquatic resources in their tribal codes and
ordinances, where such information was publicly available. Many tribal definitions of wetlands
rely directly or indirectly on the federal regulatory definition of wetlands, as follows:

1 Information on EPA approvals for tribes to administer a water quality standards program, and EPA's approvals of those tribes'
water quality standards is available at https://www.epa.gov/was-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

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•	"Wetlands are areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas."2

An earlier draft of this assessment was shared with tribes for corrections.3 In order to ensure that
the tribal information is as accurate as possible, the agencies have been reviewing information
about CWA-related tribal laws and programs since publishing the Resource and Programmatic
Assessment for the Proposed Revised Definition of "Waters of the United States, " including
information submitted in response to the proposed rule and information shared with the agencies
as a part of the tribal consultation process. The agencies have made recommended changes and
clarified their findings as appropriate in response to those comments. The agencies have also
incorporated the latest and most accurate information of which they have become aware about
tribal water laws and programs into this appendix.

The agencies also recognize that while some tribes may have authority to regulate tribal waters
under tribal law, they may not yet have established water programs to implement their tribal laws
and codes. Similarly, the agencies recognize that even if a tribe has established a permitting
program that is similar to CWA sections 402 or 404, that is not necessarily an indication that the
tribal program parallels or regulates waters equivalent to the geographic scope and range of
activities regulated under CWA sections 402 or 404.

GGG. Assiniboine and Sioux Tribes

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on August 29,
1996.

•	Initial water quality standards approved by the EPA on April 25, 2000.4
401 Certification

•	Found eligible to administer a water quality certification program (TAS) on August
29, 1996.

River Band	jpewa Indians

Definition of "wetlands"

•	"Wetland" shall mean an area that is inundated or saturated at or near the surface
caused by surface water or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in aquatic or saturated soil conditions, commonly

2	33 CFR 328.3(c) and 40 CFR 232.2 (as recodified in 2019); 33 CFR 328.3(c) and 40 CFR 120.2 (as codified in this final rule).

3	The agencies received responses to the draft assessments from five tribes and six tribal organizations. These responses can be
found in the Step Two Proposed Rule docket at EPA-HQ-OW-2018-0149-0076, available at

https://www.regulations.gov/document?D=EPA-HQ-OW-2018-0149-0076. As part of the tribe's response, the Bad River Band
of the Lake Superior Tribe of Chippewa Indians provided the agencies with a copy of their Wetland and Watercourse Protection
Ordinance.

4	https://www.epa.gov/was-tech/water-aualitv-standards-regulations-assiniboine-and-sioux-tribes-fort-peck-indian.

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known as hydrophytic vegetation, that satisfy the 1987 Corps of Engineers Wetland
Delineation Manual and subsequent revisions, guidance and updates.5

• "Wetland" means an area that is inundated or saturated at or near the surface caused
by surface water or groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation typically
adapted for life in aquatic or saturated soil conditions, commonly known as
hydrophytic vegetation.6

Other Definitions

• "Watercourse" shall mean any waterway, drainageway, drain, river, stream, lake,
pond or any body of surface water having definite banks, a bed and visible evidence
of a continued flow or continued occurrence of water.7

• "Protected wetland" shall mean any of the following:

1. The following wetlands:

i. Wetlands contiguous to any lake, stream, river, pond, or other water
course, whether partially or entirely contained within the project site.

ii. Wetlands, regardless of size, which are partially or entirely within five
hundred (500) feet of the ordinary high water mark unless any lake,
stream, river, pond, or other water course is determined by the Bad
River Natural Resources Department that surface and groundwater
hydrologic connection does not exist.

iii. Wetlands, regardless of size, which are not contiguous to any lake,
stream, river, pond or other watercourse, if the Bad River Natural
Resources Department determines the protection of the wetland is
essential to the preservation of the natural resources of the Tribe from
pollution, impairment or destruction.

2. All wetlands which are two (2) or more acres in size, whether partially or
entirely contained within the project site.

3. Wetlands, regardless of size, that protects critical natural resources from
pollution, impairment or destruction as determined by the Bad River Natural
Resources Department. In making this determination, the Bad River Natural
Resources Department must find one or more of the following functions or
values apply to the particular site:

i. It supports tribal, state or federally endangered or threatened plants,
fish or wildlife.

ii. It is determined to be a rare or uncommon wetland in the region.

iii. iii. It has rare or unique features.

iv. It supports Tribal rights for hunting, fishing, trapping, ricing, and
cultural and ceremonial/spiritual uses.

v. It is used for scientific research.

vi. It provides water quality enhancement, flood flow alteration and/or
sediment stabilization.

5 Bad River Reservation Wetland and Watercourse Protection Ordinance 323.4 (LL).

6 Bad River Band of the Lake Superior Tribe of Chippewa Indians Water Quality Standards (D) (43).

7 Bad River Reservation Wetland and Watercourse Protection Ordinance 323.4 (kk).

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4. Buffer areas adjacent to any of the wetlands listed above or watercourses,
whether partially or entirely on the project site. Buffer areas or portions
thereof which are located within the project site shall be protected even if the
adjacent wetland or watercourse is not located on the project site. Buffer size
shall be a minimum of one hundred (100) feet surrounding open water
wetlands and top of fifteen percent (15%) slopes.8

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on June 26,
2009.

• Initial water quality standards approved by the EPA on September 21, 2011,9

401 Certification

• Found eligible to administer a water quality certification program (TAS) on June 26,
2009.

402-like and 404-like Ordinance

• The Bad River Reservation Wetland and Watercourse Protection Ordinance
establishes standards and procedures for the review and regulation of the use of
wetlands and watercourses, including issuing permits.

• Except for those activities expressly permitted by Paragraph 323.8, it shall be
unlawful for any person to do any of the following unless and until a permit is
obtained from the Bad River Natural Resources Department pursuant to this
ordinance. A permit is required for: ... (h) Constructing, extending or enlarging any
pipe, culvert, or open or closed drainage facility which discharges silt, sediment,
organic, or inorganic materials, chemicals, fertilizers, flammable liquids or other
pollutants to any lake, stream, protected wetland, or watercourse, except through a
retention area, settling basin, or treatment facility designed to control and eliminate
the pollutant. The ordinance shall apply to all land uses.10Whenever persons
requesting a permit are also subject to Federal permit requirements, the following
shall apply:

(a) Approvals under this section shall not relieve a person of the need to obtain a
permit from the U.S. Army Corps of Engineers or Environmental Protection
Agency, if required.

(b) Issuance of a permit by the U.S. Army Corps of Engineers or Environmental
Protection Agency shall not relieve a person of the need to obtain approval under
this ordinance, if applicable....11

Statements of cultural or spiritual significance of wetlands:

• In their natural state, wetlands provide important tribal/public benefits and ecological
functions. They provide habitat areas for fish, wildlife, and vegetation, water quality
maintenance and pollution control, flood control, shoreline erosion control, natural
resource education, scientific study, open space, recreation opportunities,

8 Bad River Reservation Wetland and Watercourse Protection Ordinance 323.4 (aa).

9 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-bad-river-band-lake-superior-chippewa-tribe.

10 Bad River Reservation Wetland and Watercourse Protection Ordinance 323.7.

11 Id, at 323.5 (only relevant portions cited).

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environmental niches, and most importantly the traditional, cultural, and spiritual
aspects of our heritage.12

III Big Pine Paiute Tribe

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on October 24,

2005.

• Initial water quality standards approved by the EPA on January 24, 2006.13
401 Certification

• Found eligible to administer a water quality certification program (TAS) on October
24, 2005.

Other Novel Protections:

• The tribe has water quality standards for wetlands: All wetlands shall be free from
substances attributable to wastewater or other discharges that produce adverse
physiological responses in humans, animals, or plants; or which lead to the presence
of undesirable or nuisance aquatic life. All wetlands shall be free from activities that
would substantially impair the biological community as it naturally occurs due to
physical, chemical and hydrologic processes.14

ill nop Pa ¦

Definition of "waters of the reservation"

• "Water or waters" means any water, surface or underground located on or running
through the Reservation.15

Other Definitions

• "Pollutant" means any substance that will alter the quality of the waters of
reservation.16

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on April 11,

2006.

• Initial water quality standards approved by the EPA on August 15, 2008.17
401 Certification

• Found eligible to administer a water quality certification program (TAS) on April 11,
2006.

12 Id. at 323.2.

13 https://www.epa.gov/was-tech/water-qualitv-standards-regulations-big-pine-paiute-tribe-owens-vallev.

14 Big Pine Paiute Tribe Water Quality Standards Section Vl.j. November 2005. Available at:
https: //www, epa. go v/sites/production/files/2014-12/documents/bigpine-tribe.pdf.

15 Bishop Paiute Tribe, Ordinance No. 97-11, Water Pollutants, 2(F). Available at:
https: //www, epa. gov/sites/production/files/2014-12/documents/bigpine-tribe.pdf.

16 Id. at 2(D).

17 https://www.epa.gov/was-tech/water-qualitv-standards-regulations-bishop-paiute-tribe-ca.

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402-like and 404-like Ordinance

•	No person shall discharge any pollutant into the waters of the Reservation.18

Tribe

Definition of "reservation waters"

•	(1) All naturally occurring bodies of water within the exterior boundaries of the
Blackfeet Reservation regardless of alteration by man, including but not limited to
lakes, rivers, reservoirs, streams, intermittent streams, ephemeral streams, mudflats,
wetlands, springs, sloughs, potholes, ponds, groundwater, ephemeral drainages,
irrigation return water that flows into a naturally occurring body of water, tributaries
of waters identified above, including any bodies of water classifiable as "tribal
waters" under the Blackfeet Tribe Surface Water Quality Standards and

Antidegradation Policy.19

Definition of "wetland"

•	"Wetland" means those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands include but are not limited to mudflats, seeps,
swamps, marshes, bogs, potholes and other similar areas.20

Other Definitions

•	"Aquatic lands" means all Reservation land below the ordinary high water mark or
within a wetland and associated riparian lands. Aquatic lands include lands overlying
groundwater that borders or underlies perennial and intermittent streams.21

•	"Discharge" means the accidental or intentional spilling, leaking, pumping, pouring,
emitting, emptying, injecting or dumping of waste or a hazardous substance into
surface water bodies and groundwater aquifers of the Tribe.22

•	"Pollution" means the contamination or other degradation of the physical, chemical or
biological properties of land, water or air, including a change in temperature, taste,
color, turbidity or odor, or such discharge of any liquid, gaseous, solid, radioactive or
other substance onto the land or into the water or air that will, or is likely to, create a
nuisance or render such land, water or air harmful, detrimental or injurious to the
public health, safety or welfare, or harmful, detrimental or injurious to domestic,
commercial, industrial, agricultural, recreational or other beneficial uses, or to
livestock, wildlife, birds, fish or other aquatic life.23

•	"Project" means any physical alteration of aquatic lands, or any activity that affects
or may affect aquatic lands or any associated upland buffers.24

18	Bishop Paiute Tribe, Ordinance No. 97-11, Section 3, Prohibited Discharges.

19	Blackfeet Tribe Aquatic Lands Protection Ordinance No. 117 Article III. Available at:
http://www.blackfeetenvironmental.com/ordinance90/QRDINANCE 117 FINAL VERSION ("3-21-20191.pdf.

20	Id.

21	Id.

22	Id.

2iId.

24 Id.

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303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on May 2,
2012.25

•	Initial water quality standards have not yet been approved by the EPA.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on May 2,
2012.

404-like Ordinance

•	No person, corporation, association or other entity of any kind shall undertake a
project on the Blackfeet Reservation within any aquatic lands as defined in this
Ordinance, or that may affect any aquatic lands, without applying for and being
granted a permit by the Director of the Blackfeet Environmental Office.26

•	The Director shall evaluate, in consultation with technical staff, the following (but not
limited to) effects in connection with an application: (1) the impacts of any dredge or
fill activities; (2) impacts to water quality; (3) any impact to water quantity; (4)
creation or change of flow patterns, currents, and/or turbidity of any Reservation
waters resulting from the project; (5) disruption of life cycles, seasonal uses, and
populations of fish, aquatic animals, wildlife, and plant life existent on or dependent
on Reservation waters, aquatic and riparian lands; (6) if the application is for a
permanent structure, whether the structure will be designed and constructed in a
manner to assure permanence; (7) whether the project will pass reasonably
anticipated water flows, currents, or fluctuations in surface water elevations without
creating erosion or siltation upstream, downstream, or at the project location; (8) an
assessment of cumulative impacts; and (9) any other pertinent project effects.27

5 Lake Rancheria

Definition of "waters of the tribe"

•	"Water or waters" means any water, surface or underground, located on or running
through the Rancheria or other territory over which the Tribe has Jurisdiction.28

Definition of "wetlands"

•	"Wetland" means land transitional between terrestrial and aquatic systems where the
water take is usually at or near the surface or the land is covered by shallow water.
For the purposes of this Ordinance, wetlands must have one or more of the following
three attributes: 1) At least periodically, the land supports predominantly
hydrophytes; 2) the substrate is predominantly undrained hydric soil; and/or 3) the
substrate is nonsoil and is saturated with water or covered by shallow waters at some
time during the growing season of each year. The term for wetlands as used in this
Ordinance is drawn from the U.S. Fish and Wildlife publication titled "Classification

25	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-blackfeet-tribe.

26	Blackfeet Tribe Aquatic Lands Protection Ordinance No. 117 section 4.1.

27	Id. at section 4.4.

28	Blue Lake Rancheria Water Quality Ordinance 07-2000 Section 2(h). Available at https://bluelakerancheria-nsn.gov/wp-
content/uploads/2017/07/07-00.pdf.

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of Wetlands and Deepwater Habitats of the United States," dated December, 1979.
Where clarification of the term wetland is needed, the explanation in this publication,
as amended from time to time, shall be controlling.29

Other Definitions

• "Fill material" means soil, rocks, sand, waste of any kind, or any other material which
displaces soil or water or reduces water retention potential.

• "Pollutant" means any substance that will alter the quality of the waters of the Blue
Lake Rancheria or other territory over which the Tribe has jurisdiction.

402-like and 404-like Ordinance

• Prohibited Activities:

o No person shall discharge any pollutant into the waters or wetlands of the

Rancheria or other territory over which the Tribe has jurisdiction,
o Except as otherwise provided by this ordinance or a permit obtained from the U.S.
Army Corps of Engineers, a person shall not: 1) Deposit or permit the placing of
fill material in a wetland within the Rancheria of other territory over which the
Tribe has jurisdiction; 2) Dredge, remove, or permit the removal of soil or
minerals from a wetland within the Rancheria or other territory over which the
Tribe has jurisdiction; 3) Drain surface water from a wetland; 4) Alter in any way
the hydrology of, or drainage to, a wetland; or 5) Alter in any way the qualities of
a wetland that create the conditions that allow the wetland to exist,
o If federal law, including rules of the U.S. Army Corps of Engineers, would all for
the issuance of a permit for activities described in sub-section (b), the Tribal EPA
has the authority to prohibit such activity to protect the health and safety of the
wetland, the wetland habitat, and/or any plant life or wildlife relying on the
wetland for survival.30

MMM. Cabazon Ban sion Indians

303(c) Water Quality Standards

• Application under review; notice issued June 5, 2018. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.31

401 Certification

29 Id. at Section 2(i).

30 Id. at Section 4.

31 https://www.epa.gov/was-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

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NNN. Cherokee Nation

Definition of "waters of the Nation"

•	"Waters of the Nation" means all streams, lakes, ponds, marshes, wetlands,
watercourses, waterways, wells, springs, irrigation systems, drainage systems, storm
sewers and all other bodies or accumulations of water, surface and underground,
natural or artificial, public or private, which are contained within, flow through, or
border upon Cherokee Nation or any portion thereof, and shall include under all
circumstances waters which are contained within the boundaries of, flow through or
border upon this Nation or any portion thereof.32

Other Definitions

•	"Pollutant" includes but is not limited to dredged spoil, solid waste, incinerator
residue, medical waste, sewage, garbage, sewage sludge, munitions, chemicals,
chemical wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and
agribusiness waste.

402-like and 404-like Ordinance

•	Authorities. The Commission may establish, implement and enforce programs and
requirements that cover any potential or actual source of pollution and any activity,
including but not limited to: 1) point source discharges, land application of wastes or
chemicals, surface impoundments, and other facilities for treatment, storage or
disposal of wastewater, animal wastes or sludge; 2) groundwater, wells, underground
injection control, underground and aboveground storage tanks, and pipelines; 3)
drinking water, water use, dams, and hydrologic modifications; 4) stormwater,
nonpoint source pollution, and best management practices; 5) water quality, water
quality standards, and certifications, wetlands, protection of instream flow, and water
planning; 6) air quality, source controls and emission standards, and noxious odors or
gases; 7) storage, facility siting, treatment, disposal, and transportation of hazardous
waste, solid waste, pesticides, toxic substances, and other pollutants; 8) dredge and
fill, mining, oil and gas extraction, and forestry practices; 9) environmental
assessments, reviews, and impact statements; 10) inspections, sampling, compliance,
enforcement, and administrative hearings; 11) indoor air quality, asbestos, lead-based
paint, radon, and required disclosures and remediation of habitable structures
contaminated or rendered dangerous by manufacturing of illegal drugs, other
chemicals or harmful materials; 12) protection or regulation of fish and wildlife; and
13) any program or activity conducted in cooperation with or funded by federal, state,
local, or tribal governments.33

32	Cherokee Nation Code, Title 27 Environmental Quality, Section 201 (14). Updated May 29,2019. Available at
https://attornevgeneral.cherokee.org/media/5upcrg3i/word-searchable-full-code.pdf.

33	Cherokee Nation Environmental Quality Code, Section 204.

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OOO. Cheyenne and Arapaho Tribes

402-like and 404-like Ordinance

•	Waters Offense: (a) It shall be unlawful to: (1) Interfere with or alter the flow of
water in any stream, river, or ditch, without lawful authority to do so, or a permit
from the Tribes, and in violation of the right of any other person; or (2) Knowingly
break, injure, alter or destroy any bridge, dam, levee, embankment, reservoir, water
tank, water line, or other structure intended to create hydraulic power or pressure or
direct the flow of water, without lawful authority to do so; or (3) Pollute or befoul any
water in any of the following ways: (i) construct or maintain a corral, sheep pen, goat
pen, stable, pig pen, chicken coop, or other offensive yard or outhouse where the
waste or drainage therefrom shall flow directly into the waters of any stream, well,
spring, or source of water used for domestic purposes; or (ii) deposit, pile, unload or
leave any manure heap, rubbish, or the carcass of any dead animal where the waste or
drainage therefrom will flow directly into the waters of any stream, well, spring or
source of water used for domestic purposes; or (iii) construct, establish, or maintain
any corral, yard, vat, pond, camp, or bedding place for the shearing, dipping,
washing, storing, herding, holding or keeping of livestock in such proximity to a
stream, or other source of water used for domestic purposes or which flows through a
city or town, so that the waste, refuse or filth therefrom find their way into said source
of water; or (iv) knowingly cause or allow any substance harmful or potentially
harmful to human life to enter into a source of water used for domestic purposes, (b)
A water offense shall be punishable by a fine not to exceed Two Hundred Fifty
Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three
months, or both.34

Potawatomi Nation

402-like and 404-like Ordinance

•	Waters Offense. (A) It is unlawful to: (1) Interfere with or alter the flow of water in
any stream, river, or ditch, in violation of the right of any other person; or, (2)
Knowingly break, injure, alter, or destroy any bridge, dam, levee, embankment,
reservoir, water tank, water line, or other structure intended to create hydraulic power
or pressure to direct the flow of water; or, (3) Pollute or befoul any water in the
following ways: (a) construct or maintain a corral, sheep pen, goat pen, stable, pig
pen, chicken coop, or other offensive yard or outhouse where the waste or drainage
there from shall flow directly into the waters of any stream, well, spring, or source of
water used for domestic purposes; or, (b) Deposit, pile, unload or leave any manure
heap, rubbish, or the carcass of any dead animal where the waste or drainage there
from will flow directly into the waters of any stream, well, spring or source of water
used for domestic purpose; or, (c) Knowingly cause or allow any substance harmful
or potentially harmful to human life to enter into a source of water used for domestic

34 Cheyenne-Arapaho Tribes of Oklahoma Law and Order Code, Title 2, Subpart D, Section 566. Available at:
https://www.narf.org/nill/codes/chevaracode/offenses.html.

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purposes. (B) Section 12-5-169 is punishable by fine up to Three Thousand Dollars
($3,000.00), or imprisonment up to Six (6) months, or both.35

QQQ. Coeur D'Alene Tribe

Definition of "Reservation waters"

•	"Reservation waters" or "Coeur d'Alene Reservation waters" includes lakes, rivers,
ponds, streams (including intermittent and ephemeral streams), wetlands, and all
other surface waters and water courses within the exterior boundaries of the 1894
Coeur d'Alene Reservation. These waters are portrayed in Map Attachments 1
through 4 hereto and referred to therein as "Reservation Waters."36

of "wetland"

"Wetland" means any area that is inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.37

Other Definitions

•	"Permit" means a document issued pursuant to tribal code or federal laws (such as
NPDES, CWA, Section 401; CWA, Section 404) specifying the waste treatment and
control requirements and waste discharge conditions.38

•	"Pollutant" includes dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials (except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal, and agricultural waste discharged into
water.39

•	"Point source" means any discernible, confined and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, sewer, tunnel, conduit, well, discrete
fissure, container, concentrated animal feeding operation, or vessel or other floating
craft, from which pollutants are or may be discharged.40

•	"Reservation TAS Waters" or "Coeur d'Alene Reservation TAS Waters" means
waters that are a distinct yet connected sub-set of the "Reservation Waters" and for
which EPA has expressly approved the Water Quality Standards for Approved
Surface Waters of the Coeur d'Alene Tribe under section 303 of the CWA and
affirmed the Tribes authority to set water quality standards under section 518(e) of
the CWA. These waters are portrayed in Map Attachments 1 through 4 hereto and
referred to therein as "Reservation TAS Waters." EPA's approval of the Tribe's water

Definition

35	Citizen Potawatomi Nation Tribal Criminal Code, Title 12, Section 12-5-169. Available at:

https://www.potawatomi.org/images/court%20codes/Title%2012%20CRIMINAL%200FFENSES%20AND%20PUlSIISHMENT
.pdf.

36	Coeur d'Alene Water Qualtiy Standards for Approved Surface Waters Section 2. 2010. Available at
https://www.epa.gov/sites/production/files/2017-02/documents/was-coeurdalene.pdf.

37	Id.

3*Id.

39	Id.

40	Id.

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quality standards and confirmation of the Tribe's authority to regulate water quality
on these waters does not in any way release the Coeur d'Alene Tribe's claim to sole
authority to regulate all Coeur d'Alene Reservation Waters and all Disputed Waters.41

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on August 5,
2005.42

•	Initial water quality standards were approved by EPA on June 12, 2014.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on August 5,
2005.

Statements of cultural or spiritual significance of water resources

•	The purposes of these water quality standards are to restore, maintain and protect the
chemical, physical, biological, and cultural integrity of Coeur d'Alene Reservation
TAS Waters; to promote the health, social welfare, and economic well-being of the
Coeur d'Alene Tribe, its people, and all the residents of the Coeur d'Alene
Reservation; to achieve a level of water quality that provides for all cultural uses of
the water, the protection and propagation of fish and wildlife, for recreation in and on
the water, and all existing and designated uses of the water; to promote the holistic
watershed approach to management of Reservation TAS Waters of the Coeur d'Alene
Tribe; to provide for the protection of threatened and endangered species and to
provide necessary guidance for the protection and/or maintenance of water quality
throughout Reservation TAS waters.43

•	In the tribe's water quality standards, they have established a designated use for
"cultural water use," which means those water uses necessary to support and maintain
the way of life of the Coeur d'Alene People including, but not limited to: use for
sufficient flow for fish survival, and wildlife needs, and preservation of habitat for
berries, roots, medicines and other vegetation significant to the values of the Coeur
d'Alene People. Cultural water uses also include ceremonial activities involving
Native American spiritual and cultural practices which may involve intimate contact
with water and consumption of water. This shall include uses of a waterbody to fulfill
cultural, traditional, spiritual, or religious needs of the Coeur d'Alene Tribe, as
approved by the Coeur d'Alene Tribe.44

Other Novel Protections

•	The tribe has water quality standards for wetlands: (1) All wetlands which are
considered Reservation TAS Waters, and which are not constructed wetlands, shall be
subject to the Narrative Criteria (section 5), Antidegradation (section 6), and
Narrative Toxic Substances Criterion (section 7(1)) provisions within this chapter. (2)
Water quality in wetlands which are considered Reservation TAS Waters shall be
maintained at naturally occurring levels, within the natural range of variation for the
individual wetland. (3) Physical and biological characteristics shall be maintained and

41	id.

42	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-coeur-dalene-tribe-indians.

43	Coeur d'Alene Water Qualtiy Standards Section 1(3).

44	Id. at Section 2.

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protected by: (a) Maintaining hydrological conditions, including hydroperiod,
hydrodynamics, and natural water temperature variations; (b) Maintaining the natural
hydrophytic vegetation; and (c) Maintaining substrate characteristics necessary to
support existing and designated uses. (4) Wetlands shall not be used in lieu of
stormwater treatment, except as specified by number 7, below. Stormwater shall be
treated before discharge to a wetland. (5) Point and nonpoint sources of pollution
shall not cause destruction or impairment of wetlands except where authorized under
section 404 of the CWA. (6) Wetlands shall not be used as repositories or treatment
systems for wastes from human sources, except as specified by number 7, below. (7)
Wetlands intentionally created from non-wetland sites for the sole purpose of
wastewater or storm water treatment (constructed wetlands) are not considered
"Reservation TAS Waters" and are not subject to the provisions of this section.45

federated Saiisli and Kootenai Tribes

Definition of "navigable waters"

•	"Navigable waters" means the south part of Flathead Lake, being the portion of the
Lake located within the exterior boundaries of the Reservation, the portion of
Flathead River located within the outer boundaries of the Reservation, and all other
lakes, reservoirs, ponds, rivers, streams and bodies of water which are in fact and are
located within the outer boundaries of the Reservation.46

Definition of "reservation waters"

•	"Reservation waters" means: (1) All naturally occurring bodies of water with the
exterior boundaries of the Reservation regardless of alteration by man, including but
not limited to lakes, rivers, streams (including intermittent streams) mudflats,
wetlands, sloughs, potholes, and ponds from which fish and wildlife are or could be
taken, but does not include wholly manmade water bodies. (2) Tributaries of waters
identified in subpart (1) above; (3) Wetlands adjacent to Reservation waters.47

of "wetlands"

"Wetlands" means water-land interface areas which are inundated by surface and/or
ground waters at the frequency and duration of time periods sufficient to establish,
and under natural conditions, support a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally include, but are not limited to:
swamps, marshes, bogs and similar areas. Wetland areas may be separated from the
main body of water by maintaining barriers or natural berms.48
"Wetlands" means those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in

Definition



45	Id. at Section 10.

46	Confederated Salish and Kootenai Tribes Shoreline Protection Ordinance, Ordinance No. 64(A), Section 2(e); Confederated
Salish and Kootenai Tribes Shoreline Protection Regulations Chapter 2.25. Available at:

http://csktnrd.org/component/rsfiles/download?path=Regulations%2BApplications%252FOrdinance%2B64a.pdf.

47	Confederated Salish and Kootenai Tribes Aquatic Lands Conservation Ordinance, Ordinance No. 87-A, Part III Section l.m;
Confederated Salish and Kootenai Tribes Aquatic Lands Conservation Ordinance Regulations, Part I, Section 1.4(o). Both
available at: http://www.csktnrd.org/component/rsfiles/download7patlFEP%252F87areg.pdf.

48	Shoreline Protection Regulations Chapter 2.43.

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saturated soil conditions. Wetlands generally include but are not limited to swamp,
marshes, bogs and similar areas.49

Other Definitions

• "Aquatic lands" means all land below the mean annual high water mark of a
Reservation water body.50

• "Discharge of dredged material" means any addition or placement of dredged
materials into Reservation waters or on aquatic lands whether through direct
placement or by secondary means such as runoff, slumping or overflow from a
disposal site.51

• "Discharge of fill material" means any addition or placement of fill materials into
Reservation waters or onto aquatic lands.52

• "Dredged material" means material that is excavated, displaced, or removed from
aquatic lands.53

• "Dredging" means the process of excavating material from the lake bottom and
thereby lowering the elevation of a portion of the lake bottom. Thisshall include the
process of extending the lake area landward by excavating material from the
lakeshore protection area and thereby lowering the elevation of that portion of the
lake.54

• "Fill material" means any material used for the purpose of replacing Reservation
waters with dry land or dredged material.55

• "Filling" means the process of discharging material onto a lake bottom and thereby
raising the elevation of a portion of the lake bottom. This shall include the elimination
of an aquatic environment or wetland environment by extending the dry land area into
such aquatic or wetland area.56

• "Permit" means a document issued by the Tribes verifying compliance with the
requirements and provisions of these regulations.57

• "Project" means a physical alteration of aquatic lands, wetlands, or Reservation
waters, not otherwise exempted by this Ordinance or implementing regulations,
which has the potential to cause a material change in the condition of such lands or
water in contravention of the policy of this Ordinance, and includes but is not limited
to dredging, filling, unregulated access detrimental to aquatic lands, irrigation
diversions and returns, drainage ditches and construction on aquatic lands, and
furthermore, includes maintenance or repair involving any of the above activities.58

49 Aquatic Lands Conservation Ordinance Part III Section 1 .p.

50 Id. at Part III Section 1 .c.

51 Id. at Part III Section 1 .e.

52 Id. at Part III Section 1 .f.

53 Id. at Part III Section 1.1.

54 Shoreline Protection Regulations Chapter 2.11.

55 Aquatic Lands Conservation Ordinance Part III Section 1 .h.

56 Shoreline Protection Regulations Chapter 2.13.

51 Id. at Chapter 2.26.

58 Aquatic Lands Conservation Ordinance Part III Section 1.1.

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•	"Shoreline protection area" means the area below mean annual high water mark on
that portion of the Flathead Lake which is located within the exterior boundaries of
the Flathead Reservation.59

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on March 1,
1995 60

•	Initial water quality standards were approved by EPA on March 18, 1996.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on March 1,
1995.

404-like Ordinances and Associated Regulations

•	It shall be prohibited, after the effective date of this Ordinance, for any person—

(1)	to make or cause to be made, on the bed or banks of any navigable water below
high water mark, any fill or deposit of rock, earth, sand, soil, gravel, shells or
other materials, or refuse matter of any kind or description, whether for the
purpose of constructing a landfill or other structure (other than a structure
referred to in Section 4 of this Ordinance), or otherwise; and

(2)	to dredge, or otherwise remove or displace by any means soil, sand, gravel,
shells or other material, whether or not of intrinsic value, from the bed or banks
of any navigable water below high water mark except that which has been
identified from inspection by authorized staff as normal or abnormal
accumulation of silt, sand or gravel behind existing structure. If at which time
of identification, it is determined that removal of said accumulation would not
cause significant damage to the lake or lakebed, a variance will be granted at
the discretion of the Shoreline Protection Board.61

•	Any fill or deposit of the type referred to in subsection (a)(1) of this section which
was made prior to and is in existence on the effective date of this Ordinance is hereby
declared to be unlawful, and, not later than six months following the effective date of
this Ordinance, the person who made such fill or deposit or caused such fill or deposit
to be made, or the successor in interest of the property, riparian to the navigable
water, to which such fill or deposit abuts, or the person maintaining such fill or
deposit on the effective date of this Ordinance, or any or all of them, shall remove
such fill or deposit and return the land underlying such fill or deposit to its original
condition: Provided, that, upon application submitted to the Tribal Council by any
such person, the Tribal Council may grant a variance with respect to any such fill or
deposit, exempting the fill or deposit from the application of this subsection (b), if it
determines that the removal of the fill or deposit would be more harmful to the
environment than leaving the fill or deposit in place: Provided further, that the
granting of any such variance shall not prevent the Tribal Council from terminating

59	Shoreline Protection Regulations Chapter 2.35.

60	https://www.epa.gov/was-tech/water-qualitv-standards-regulations-confederated-salish-and-kootenai-tribes-flathead

61	Shoreline Protection Ordinance Section 3(a).

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the same at a later time upon reaching a different determination and requiring the
person to comply with the provisions of this subsection (b) within three months after
receiving notification of such termination from the Tribal Council.62

• These regulations are adopted under the authority of Tribal Ordinance 64A (Revised),
which authorizes the adoption of regulations regarding the issuance or denial of
permits for work in navigable waters within the Tribe's jurisdiction, including work
done on the bed and banks below mean annual high water mark of all navigable
waters within the exterior boundaries of the Flathead Reservation.63

• It is the policy of the Tribal Council to prevent the degradation of Reservation waters
and aquatic lands by regulating construction or installation of projects upon aquatic
lands whenever such project may cause erosion, sedimentation, or other disturbances
adversely affecting the quality of Reservation waters and aquatic lands.64

• Permit Required, a. No work may commence on a project until the responsible person
has been issued a permit for the project, b. All work on a project shall be conducted
pursuant to the terms and conditions of the project permit, c. A permit shall be
prominently displayed at the project site for the duration of construction activities and
for two weeks thereafter.65

• These regulations in no manner supersede or negate the necessity of obtaining other
permits as may be required by federal or Tribal agencies with jurisdiction over a
project. Where any provision of these regulations imposes more stringent regulations,
requirements or limitations than imposed or required by any other applicable
regulation, resolution, ordinance or statute, these regulations shall govern.66

Chel

Definition of "waters of the tribe"

• "Surface waters of the Chehalis Indian Tribe" includes rivers, ponds, tributaries,
creeks, streams, inland waters, wetlands and all other surface waters and water
courses on land within the Chehalis Reservation.67

Other Definitions

• "Permit" means a document specifying the waste treatment and control requirements
and waste discharge conditions.68

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on March 7,
1995.69

• Initial water quality standards were approved by EPA on February 3, 1997.

62 Id. at Section 3(b).

63 Shoreline Protection Regulations Chapter 1.2.

64 Aquatic Lands Protection Ordinance Part II Section 2.

65 Id. at Part IV Section 1.

66 Regulations for the Aquatic Lands Conservation Ordinance Part 1 Section 1.3.

67 Confederated Tribes of the Chehalis Reservation Water Quality Standards Section 2(29). Available at
https: //www, epa. go v/sites/production/files/2014-12/documents/confederated-tribes-chehalis.pdf.

68 Id. at Section 2(22).

69 https://www.epa.gov/was-tech/water-qualitv-standards-regulations-confederated-tribes-chehalis-reservation.

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401 Certification

• Found eligible to administer a water quality certification program (TAS) on March 7,
1995.

Statements of cultural or spiritual significance of water resources

•	In the tribe's water quality standards, they have established a designated use for
"ceremonial and Religious water use," which means activities involving traditional
Native American spiritual and cultural practices which involve primary (direct) and
secondary contact with water.70

!i/all on

Definition of "waters of the reservation"

•	"Waters of the Reservation" means all lakes, rivers, ponds, streams, inland waters,
underground waters, salt waters, and all other surface water, groundwater and
watercourses located within the Colville Indian Reservation.71

Definition of "wetlands"

•	"Wetlands" means areas that contain hydric soils and/or are inundated or saturated by
surface water or ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and those artificial wetlands intentionally created from nonwetland
areas to mitigate for the conversion of wetlands that are approved by the Tribes or the
federal government. Wetlands do not include non-tribal and non-federally approved
artificial wetlands intentionally created from nonwetland sites, including but not
limited to, irrigation and drainage ditches, grass-lined swales, canals, detention
facilities, wastewater treatment facilities, farm ponds, and landscape amenities, and
those wetlands created after January 1, 1997, that were unintentionally created as a
result of the construction of a road, street, or highway.72

•	"Wetland" means those areas, which under normal conditions exhibit at least two of
the following criteria: saturated surface conditions or open water present during a
significant portion of the year; hydric soils; a prevalence of vegetation adapted to
saturated soils. Swamps, marshes, bogs, wet meadows, and ponds typically are
wetlands. For the purposes of this Chapter, wetlands are considered to be natural
waters.73

Other Definitions

•	"Aggregate development" means the excavation, removal, and processing of
aggregate, including the removal of vegetation and overburden necessary to expose
the aggregate. Prospecting and exploration activities shall be included within the
meaning of this term when the removal of geologic sample materials exceeds a
cumulative total in excess of one ton. Aggregate development shall exclude

70	Confederated Tribes of the Chehalis Reservation Water Quality Standards Section 2(7).

71	Confederated Tribes of Colville Reservation Code, Title 4, Chapter 4-5 On-Site Wastewater Treatment and Disposal, Section

4-5-4 (ss). Available at https://www.cct-cbc.com/current-code/.

72	Id. at Chapter 4-15 Shoreline Management, Section 4-15-4 (bbb).

73	Id. at Chapter 4-9 Hydraulics Project, Section 4-9-3 (nn).

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excavations or grading used primarily for on-site construction and on-site road
construction and maintenance.74

• "Dredging" means the removal of bed material.75

• "Fill material" means material placed in natural waters within the Colville
Reservation where the material has the effect of: (1) Replacing any portion of a
natural water with dry land; or (2) Changing the bottom elevation of any portion of a
natural water. Examples of such fill material include, but are not limited to: rock,
sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or
other excavation activities, and materials used to create any structure or infrastructure
in natural waters within the Colville Reservation. The term fill material does not
include trash or garbage.76

• "Permit" means a document issued by a public body which specifies waste treatment
and control requirements and waste discharge conditions.77

• "Permit" means any form of permission required under this management program or
other tribal regulation prior to undertaking activity within shoreline areas, including
shoreline development permits, variances, conditional use permits, permits for oil or
natural gas exploration activities, permission which may be required for selective
commercial timber harvesting, livestock grazing, and shoreline exemptions.78

• "Pollutant" includes but is not limited to dredged spoil, soil, slurry, solid waste,
incinerator residue, sewage, sewage and industrial sludge, garbage and trash,
chemical waste, biological nutrient, biological material, radioactive material, heat,
discarded equipment, material and plant matter, rock, sand, gravel, mine tailings,
discarded containers, and all other industrial, municipal or agricultural waste.79

• "Shoreline Areas" means all surface waters of the Reservation, including lakes,
reservoirs, streams, and wetlands, and underlying lands, lands extending landward for
two hundred feet in all directions as measured on a horizontal plan from the ordinary
high water mark or wetland, and in addition shall include 100-year floodplains.80

• "Watercourse" means any portion of a channel, bed, or bottom of natural waters.81

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on May 2,
2018.82

• Initial water quality standards were promulgated by EPA on July 6, 1989.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on May 2,
2018.

74 Id. at Chapter 4-5 Aggregate Development & Reclamation Act, Section 4-6-2 (b).

75 Id. at Chapter 4-9 Hydraulics Project, Section 4-9-3 (q).

76 Id. at Chapter 4-9 Hydraulics Project, Section 4-9-3 (r).

77 Id. at Chapter 4-8 Water Quality Standards, Section 4-8-4 (o).

78 Id. at Chapter 4-15 Shoreline Management, Section 4-15-4 (gg).

79 Id. at Chapter 4-8 Water Quality Standards, Section 4-8-4 (s).

80 Id. at Chapter 4-15 Shoreline Management, Section 4-15-4 (kk).

81 Id. at Chapter 4-9 Hydraulics Project, Section 4-9-3 (11).

82 https://www.epa.gov/was-tech/water-aualitv-standards-regulations-confederated-tribes-colville-reservation.

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402-like Ordinance 83

• (a) No person shall discharge any waste from a point source into Reservation waters
without having first obtained a permit from either the BPA [sic] or the Department, as
applicable, (b) The Department may, through the issuance of regulatory permits,
directives, and orders, control miscellaneous waste discharge not covered by section
4-8-9(a).84

• Under the Forest Practices Chapter of the tribe's code, the following is included as a
Class III Forest Practice for operations that are deemed to have some potential for
damaging a Reservation resource or the health, safety, or welfare of the Reservation
population and that require an application: (3) Ground-based or hand application of
chemicals.85

• Under the Forest Practices Chapter of the tribe's code, the following is included as a
Class IV Forest Practice for operations that are deemed to have potential for a
significant effect on Reservation resources or the health, safety or welfare of the
Reservation population and that require an application: (2) Any aerial application of
chemicals, or use of a pesticide under an experimental use permit granted under the
authority of the Federal Insecticide, Fungicide, and Rodenticide Act.86

• The use of herbicides and pesticides shall be prohibited to remove noxious plants in
streams, lakes and wetland areas except where no reasonable alternatives exist and it
is demonstrated that such activity is in the public interest. A conditional use permit
(CUP) shall be required in such cases.87

• All shoreline developments and uses shall utilize best management practices (BMPs)
to minimize any increase in surface water runoff and to control, treat and release
runoff so that receiving water quality and shore properties and features are not
adversely affected. Such practices may include but are not limited to dikes, berms,
catch basins or settling ponds, installation and required maintenance of oil/water
separators, grassy swales, interceptor drains and landscaped buffers.88

• Solid and liquid wastes and untreated effluents shall not be allowed to enter any
bodies of water or to be discharged onto land.89

• The release of oil, chemicals, or hazardous materials onto land or into the water is
prohibited. Equipment for the transportation, storage, handling or application of such
materials shall be maintained in a safe and leak proof condition. If there is evidence
of leakage, the further use of such equipment shall be suspended until the deficiency
has been satisfactorily corrected.90

83 Note that several of the same chapters of the Colville's tribal code are cited both under 402-like and 404-like ordinances. The
agencies have placed the portions of the tribal code that are similar to each respective program under the appropriate heading.

84 Confederated Tribes of Colville Reservation Code, Title 4, Chapter 4-8 Water Quality Standards, Section 4-8-9.

85 Id. at Chapter 4-7 Forest Practices, Section 4-7-5 (c), only relevant portions cited.

86 Id. at Chapter 4-7 Forest Practices, Section 4-7-5 (d), only relevant portions cited.

87 Id. at Chapter 4-15 Shoreline Management, Section 4-15-15 (c)(1).

88 Id. at Chapter 4-15 Shoreline Management, Section 4-15-7 (b)(5).

89 Id. at Chapter 4-15 Shoreline Management, Section 4-15-7 (b)(l 1).

90 Id. at Chapter 4-15 Shoreline Management, Section CTC 4-15-17 (b)(12). Note that this provision is also similar to provisions
in CWA section 311.

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• Herbicides and pesticides shall not be applied or allowed to directly enter water
bodies or wetlands unless approved for such use by the Tribal Natural Resources
Department.91

404-like Ordinances92

• Water quality permits are required for aggregate development and aggregate
development operations, exploration, and prospecting operations on all lands within
the Colville Indian Reservation as specified in this Chapter for all activities
commenced, resumed, modified, or expanded after the adoption of this Chapter,
where aggregate development results in, or has resulted in: (1) More than one acre of
disturbed area; (2) Slopes greater than thirty feet high and steeper than 1.5 foot
horizontal to 1.0 foot vertical; or (3) More than one acre of disturbed area within a
twenty acre area, when the disturbed area results from prospecting or exploration

• • Q'}

activities.

• All development shall be located, designed, constructed and managed to protect
and/or not adversely affect those natural features which are valuable, fragile or unique
to the region, including but not limited to: (A) Wetlands, marshes, bogs, swamps, and
river deltas; (B) Natural resources including but not limited to, sand and gravel
deposits, timber, or natural recreational beaches; (C) Fish, shellfish and wildlife
habitats, migratory routes and spawning areas; (D) Accretion shore forms; and (E)
Natural or man-made scenic vistas or features.94

• When a development site encompasses environmentally sensitive areas (floodplains,
wetlands, steep slopes, and fish and wildlife habitat), these features shall be left intact
and maintained as open space or buffers. All development shall be set back from
these areas to prevent hazardous conditions and property damage as well as to protect
valuable shoreline features and resources.95

• The control of aquatic weeds by derooting, rotovating, or other method which
disturbs the bottom sediments and related aquatic life shall be considered
development for which a substantial development permit is required, unless it will
maintain existing water depth for navigation in an area covered by a previous permit
for such activity. In this case it shall be considered normal maintenance and repair
and therefore exempt from the requirement to obtain a substantial development
permit.96

• No hydraulic project shall be commenced unless the Department has received and
approved, or conditionally approved an application pursuant to this Chapter.97

• Alteration of wetlands shall only occur in accordance with the requirements of CTC
4-15.98

91 Id. at Chapter 4-15 Shoreline Management, Section CTC 4-15-17 (b)(14).

92 Note that several of the same chapters of the Colville's tribal code are cited both under 402-like and 404-like ordinances. The
agencies have placed the portions of the tribal code that are similar to each respective program under the appropriate heading.

93 Confederated Tribes of Colville Reservation Code, Title 4, Chapter 4-6 Aggregate Development & Reclamation Act, Section
4-6-4.

94 Id. at Chapter 4-15 Shoreline Management, Section 4-15-7 (b)(7). See also Section 4-15-13.

95 Id. at Chapter 4-15 Shoreline Management, Section 4-15-7 (b)(15).

96 Id. at Chapter 4-15 Shoreline Management, Section 4-15-15 (c)(10).

97 Id. at Chapter 4-9 Hydraulics Project, Section 4-9-5, which also lists several permitting exemptions.

98 Id. at Chapter 4-9 Hydraulics Project, Section 4-9-6 (a), discussing applications for hydraulics projects and avoidable impacts.
See also 4-9-48, which offers general provisions.

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•	Approval of an application to conduct a hydraulic project under this Chapter does not
constitute approval of any other permit that may be required, and except as expressly
provided in this Chapter, does not constitute a waiver of any other requirement of this
Code. Other permits and requirements may also apply to certain practices, as required
by the Forest Practices, Shoreline Protection, Water Quality Standards, Mining
Practices Water Quality, Water Use and Permitting or other applicable laws. These
may also include permits issued by the United States Army Corps of Engineers by
authority of the Clean Water Act Section 404 and the Rivers and Harbors Act Section
10 for work in navigable waters or "waters of the United States."99

•	The Forest Practices Chapter of the tribe's code includes the following operations as
Class I Forest Practices for operations that are deemed to have no direct potential for
damaging a Reservation resource or the health, safety or welfare of the Reservation
population and do not require an application: (2) the removal of forest products
(including live, dead and down material, i.e., firewood, fence posts, poles, fern, etc.)
for personal, noncommercial use, provided: (removals and operations shall not be
conducted within waters or wetlands; (4) road maintenance including road grading,
rocking, and installation of cross drains, except movement, placement, or replacement
of materials which have a direct potential for entering waters or wetlands.100

•	Under the Forest Practices Chapter part of the tribe's code, the following are included
as Class III Forest Practices for operations that are deemed to have some potential for
damaging a Reservation resource, or the health, safety or welfare of the Reservation
population and require an application: (6) Replacement of water crossing structures,
and road maintenance wherein the movement, placement, or replacement of materials
has the direct potential for entering waters or wetlands; (8) Operations such as pre-
commercial thinning or slashing if conducted inside the Riparian Management
Zone.101

Statements of cultural or spiritual significance of water resources

•	In the tribe's water quality standards, they have established a designated use for
"ceremonial and Religious water use," which means activities involving traditional
Native American spiritual practices which involve, among other things, primary
(direct) contact with water.102

hute reservation

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on May 23,
2019.103

•	Initial water quality standards have not yet been approved by the EPA.
401 Certification

99	Id. at Chapter 4-9 Hydraulics Project, Section 4-9-7 (g).

100	Id. at Chapter 4-7 Forest Practices, Section 4-7-5 (a), only relevant portions cited.

101	Id. at Chapter 4-7 Forest Practices, Section 4-7-5 (c), only relevant portions cited.

102	Confederated Tribes of the Colville Reservation Water Quality Standards, 40 CFR 131.35(d)(3). Available at
https://www.govinfo.gov/content/pkg/CFR-2005-title4Q-vol2 l/xml/CFR-2005-title40-vol21 -sec 131-35 .xml.

103	https://www.epa.gov/was-tech/water-aualitv-standards-regulations-confederated-tribes-goshute-reservation

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• Found eligible to administer a water quality certification program (TAS) on May 23,
2019.

VY1	itiHa Indian Reservation

Definition of "navigable waters"

•	"Navigable" means waters that are sufficiently deep and wide enough for navigation;
such waters in the United States come under federal jurisdiction and are protected by
the Clean Water Act, 33 U.S.C. §§ 1251 etseq.104

of "waters of the reservation"

"Tribal waters" means (a) all water arising upon, traversing, or bordering the Umatilla
Indian Reservation, whether the water is flowing or stationary, whether it is above or
below the surface of the ground, and whether it is diffused or contained within a
defined water course or body of water of any kind; and (b) all water reserved at any
time to the Tribes or the Reservation by the United States and the Tribes; and (c) all
water which in the course of nature or as a result of artificial works, flows into or
enhances said waters.105

"Waters of the Reservation" means ground water, deep and shallow alluvial/basalt
aquifers lakes, rivers, ponds, streams (including intermittent and ephemeral streams)
wetlands, ponds, impounding reservoirs, canals, and all other waters, natural or
artificial, within the boundaries of the Reservation.106

Definition of "wetlands"

•	"Wetlands" means any area that is inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, swales, riparian zones, and similar areas with hydrophytes and hydric
soils.107

Other Definitions

•	"Discharge" means flow of surface water in a stream or canal or the outflow of
ground water from a flowing artesian well, ditch, or spring. Can also apply to
discharge of liquid effluent from a facility or to chemical emissions into the air
through designated venting mechanisms.108

•	"Point source" means any discernable, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation, landfill leachate
collection system, vessel or other floating craft from which pollutants are or may be
discharged.109

Definition



104	Confederated Tribes of the Umatilla Indian Reservation Water Code Section 1,07(A)(37). Available at: http://ctuir.org/water-
code.

105	Id. at Section 1.07(A)(58).

106	Id. at Section 1.07(A)(66).

107	Id. at Section 1,07(A)(67)

108	Id. at Section 1.07(A)(20)

109	Id. at Section 1.07(A)(42)

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• "Pollutant" can include dredge spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand, dirt, and
industrial, municipal, and agricultural waste entering, existing in or discharged into
water.110

• "Pollution" includes such contamination, or other alteration of the physical, chemical,
or biological properties, or any waters of the Reservation including change in
temperature, taste, color, turbidity, or odor of the waters, or such discharge of any
liquid, gas, solid, radioactive, or other substance into any waters of the Confederated
Tribes as will or is likely to create a nuisance or impair any beneficial use of such
waters.111

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on April 30,
2001.112

• Initial water quality standards were approved by EPA on October 18th, 2001.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on April 30,
2001.

402-like and 404-like Ordinance

• Water System Development Permit: is required this Code for the purpose of
constructing water diversion works for appropriating Tribal water resources.113

• Water Use Permit: is required under this Code for the purpose of appropriating Tribal
water resources for beneficial use.114

• Temporary Water Use Permit: is required under this Code for the purpose of
appropriating Tribal water resources for beneficial use for a specified and limited
period of time.115

• Anti-degradation Review is required under this Code for the purpose of conducting
any activity which may result in any fill, removal, or discharge into the waters of the
Reservation.116

• Water Quality Certification Required. Any applicant for a Tribal permit to conduct
any activity which may result in any discharge into the waters of the Reservation
must provide the Tribal permitting program or department with a Water Quality
Certification from the Director that any such activity will comply with this Code,
regulations implementing this Code, and the Water Quality Standards. The
certification is obtained through the completion of an antidegradation review.117

404-like Ordinance

110 Id. at Section 1.07(A)(43).

111 Id. at Section 1.07(A)(44).

112 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-confederated-tribes-umatilla-indian-reservation-oregon.

113 Id. at Section 1.11(A)(1). See also Chapter 2.

114 Id. at Section 1.11(A)(2). See also Chapter 2.

115 Id. at Section 1.11(A)(3). See also Chapter 2.

116 Id. at Section 1.11 (A)(6). See also Chapter 3.

117 CTUIR Water Code Section 3.04(A).

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• Stream Zone Alteration Permit for Major Alteration: is required under this Code, for
the purpose of performing any activity that alters streamflow, water quality, ground
contours, or perennial vegetation which may cause environmental impacts that are of
general public concern.118

• Stream Zone Alteration Permit for Minor Alteration: is required under this Code, for
the purpose of performing any activity that alters streamflow, water quality, ground
contours, or perennial vegetation which may cause negligible negative environmental
impacts.119

Statements of cultural or spiritual significance of water resources

• "Plix iwa cuus" (Water is medicine): The world of the siyapu is linear where life
begins and ends in a series of separate events. The world of the natitayt is circular and
continuous. Natitaytwit is tamanwit (religion/law), it is laqayxit (light), it is ha?aswit
(air/breath), it is taatpas (dress/clothing), it is iniit (dwelling/house), it is tkw atat
(food), it is sinwit (speech), it is tiicam (land), it is cuus (water) and it is the natitayt
(Indian). All are one and inseparable. Tamanwit is both religion and law. It is the
respect of all aspects of Indian life and it is the way of life. Cuus is tamanwit and we
must teach and live tamanwit. We must share water with all living things. If we do
not share, our greed will harm us. We must not look upon waqiswit (life) as the
siyapu. We must take care of the water. Seven generations in the past we had good
water. Seven generations in the future we must give back the same that was lent to us
by Anila (the Creator); cold, clean water. So we think of fourteen generations of cold,
clean, plentiful water. As we did seven generations back, so should we be able to do
seven generations in the future, go to any stream or river and get cold clean water to
drink. "Cuusnimna inaknuwiyasa naaman Xaaxw wawnakw sas" Water keeps all our
bodies for us. Cuus is a part of everything. It is within natitayt, it is within tiicam, and
it is within nusux (the salmon). It is essential for the survival of all life. Cold, clean,
healthy water is the life blood of the land. We drink water to remind us of who we
are. Cuus cleanses and heals our bodies, "Plix iwa cuus".120

WWW. rings Reservation

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on May 25,

1999.121

• Initial water quality standards were approved by EPA on September 28, 2001.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on May 25,
1999.

118 Id. at Section 1.11(A)(4). See also Chapter 5.

119 Id. at Section 1.11(A)(5). See also Chapter 5.

120 Id. at Section 1.01.

121 https://www.epa.gov/was-tech/water-aualitv-standards-regulations-confederated-tribes-warm-springs-indian-reservation.

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XXX.	, Rancheria Band of Porno Indians

Definition of "waters of the Rancheria"

•	"Waters of the Rancheria" or "Rancheria waters" means any water, surface or
underground, contained within, flowing through or bordering upon the Dry Creek
Rancheria or any portion thereof.122

Other Definitions

•	"Point source" means any discernible, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, culvert, well, discrete
fissures, containers, rolling stock, concentration animal feeding operation, vessel, or
other floating craft.123

•	"Pollutant" means any substance that will alter the quality of the waters of the
Rancheria.124

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on October 17,
2011.125

•	Initial water quality standards have not yet been approved by the EPA.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on October
17, 2011.

402-like and 404-like Ordinance

•	No person shall discharge any pollutant into any Rancheria water from a point source
or conduct dredge and fill activities in any designated wetland area of the Rancheria
without first having applied for and obtained a permit from the Department of
Environmental Protection after approval by the Dry Creek Rancheria Board of
Directors. Any person who intends to alter or enlarge an existing activity described in
Chapter 1, Section 4 of this Ordinance, or who intends to cause or direct such
alteration or enlargement of such activities, shall, prior to alteration, or enlargement
of such activities, apply for and obtain a valid permit from the Department of
Environmental Protection after approval by the Board of Directors.126'127

Statements of cultural or spiritual significance of wetlands

•	Since time immemorial, the creek informally known as Rancheria Creek, its tributary
streams, the streambeds thereof and the riparian areas adjacent thereto, have been
natural resources of profound significance to the Dry Creek Rancheria Band of Pomo
Indians and the Dry Creek Rancheria Pomo people have used these resources for

122	Tribal Water Quality Ordinance of the Dry Creek Rancheria Band of Pomo Indians (Title 2 of the Environmental Code),,
Chapter 2 (AA). Available at http://drvcreekrancheria.eom/wp-content/uploads/2013/08/2-DCR-Water-Oualitv-Ordinance-
FINALl.pdf.

123	Id. at Chapter 2(P).

124	Id. at Chapter 2(Q).

125	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-drv-creek-rancheria-band-pomo-indians.

126	Tribal Water Quality Ordinance of the Dry Creek Rancheria Band of Pomo Indians (Title 2 of the Environmental Code),
Chapter 8.1.

127	See Id. at Appendix A for a sample application form.

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cultural, ceremonial, religious, fishery, seasonal residential, and other purposes
fundamental to the Tribe's way of life.128

Other Novel Protections

• The provisions of this Ordinance shall apply to all existing and proposed point and
non-point pollution discharges into surface or ground waters, and to all activities
which have the potential to affect cultural, ceremonial, religious, fishery, seasonal
residential, public health and safety, water quality, and other fundamental interests of
the Tribe, including such activities conducted by non-members of the Tribe or on
privately owned lands. Activities to be regulated hereunder include but are not limited
to: (A) Landfills and open dumps; (B) Storage of animal waste; (C) Automobile
graveyards and junkyards; (D) Land filling of sludge or septic system waste; (E)
Individual, residential, industrial, commercial, or agricultural sewage treatment
facilities; (F) Individual, residential, industrial, commercial, fire protection, or
agricultural water control devices including but not limited to treatment facilities or
systems, dams, reservoirs, ponds, pools, tanks, wells, pipelines, flumes, canals, and
intake or diversion systems; (G) Underground and above-ground liquid storage
containers; (H) Surface and subsurface removal of mineral resources, overburden,
rock, or soil, including quarry operations (borrow pitting) for road surfacing or other
uses. (I) All prospecting activities involving removal of soil or rock materials,
including operations involving the reopening of existing mine pits, tunnels, or
quarries. (J) Sand and gravel operations. (K) Activities such as suction dredging, that
have the potential to affect the riparian area, water quality, or channel morphology;
(L) Potential non-point source pollution problem areas including agricultural, mining,
construction, urban runoff, silviculture, salt water intrusion, hydrological
modification, and residential activities; (M) Any current or future identified point
source pollution problem areas; and (N) Application of herbicide, insecticide, or other
pesticide or toxic materials, or fertilizer for non-domestic use. The provision of this
Ordinance shall apply to all wellhead protection areas within the exterior boundaries
of the Rancheria, to all persons and businesses on the Dry Creek Rancheria, to all
land, trust, or fee, and to all activities in areas with the potential to affect water
quality, public health and safety, and other fundamental interests of the Tribe.129

YYY. East	erokee Indians

Definition of "waters of the tribe"

• "Cherokee waters" means all water within the exterior boundaries of the Qualla
Boundary and all other lands held in trust for the Eastern Band of Cherokee Indians,
including but not limited to lakes, ponds, reservoirs, artificial impoundments, streams,
rivers, springs, seeps, wetlands, and any subterranean waters flowing in well-defined
channels and having a demonstrable hydrologic connection with the surface.130

128	Id. at Section 2(A).

129	Id. at Chapter 1.4.

130	Eastern Band of Cherokee Indians Tribal Code Section 113E-3. Available at:

https://librarvstage.municode.com/tribes and tribal nations/eastern band of cherokee indians/codes/code of ordinances?node
Id=THCHCO CH113EWAOUCOTRWA. See also Eastern Band of Cherokee Indians Ordinance No. 622. Available at

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• The "waters of the Eastern Band of Cherokee Indians" are defined as: (a) All waters
located upon or bordering Cherokee trust lands, whether flowing or stationary,
whether above or below the surface of the ground, and whether diffused or contained
within a defined watercourse or water body of any kind; (b) All waters reserved or
granted to the Tribe or to Cherokee trust lands by the United States and the Tribe; and
(c) All water which in the course of nature or as the result of artificial works, flows
into or otherwise enhances such waters.131

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on January 26,
2015.132

• Initial water quality standards were approved by EPA on March 28, 2019.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on January
26, 2015.

Statements of cultural or spiritual significance of waters

• The Eastern Band of Cherokee Indians recognizes Tribal waters are the source of life,
tranquility, and prosperity. Tribal waters include streams, rivers, natural springs, and
wetlands that support a diverse array of environmental, cultural, and economic values.
The Tribe recognizes that protecting these waters requires a strategic and integrated
approach across all Tribal watersheds to encourage prudent use of the Tribe's water
resources and enhance its quality and productivity.133

d clu L "he Minnesota Chippewa Tribe

Definition of "wetlands"

• "Wetlands" means those areas that are comprised of hydric soils and are inundated or
saturated by surface or ground water at a frequency and duration sufficient to support,
and under normal circumstances do support, a prevalence of hydrophytic vegetation.
Wetlands include, but are not limited to, shallow and deep marshes, wet meadows,
swamps, bogs, and forested wetlands.134

Other Definitions

• "Discharge" means to place, fill, or dump.135

• "Fill" means soil, sand gravel, clay, peat, debris, and refuse waste of any kind, or any
material which displaces soil or water or reduces water retention potential, and
untreated storm water that results in sedimentation within a wetland.136

https://librarvstage.municode.com/tribes and tribal nations/eastern band of cherokee indians/ordinances/code of ordinances?
nodeId=857538.

131 Id. at Section 131-3.

132 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-eastern-band-cherokee-indians.

133 Eastern Band of Cherokee Indians Ordinance No. 622, Section 113E-l(a).

134 Fond du Lac Band Wetlands Protection and Management Ordinance, Ordinance No. 03/06, Section 201 (aaa). Available at
http://www.fdlrez.com/government/ords/03-06ord.pdf.

135 Id. at Section 201 (k).

136 Id. at Section 201 (p).

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• "Point source" means any discernible, confined and discrete conveyance from which
pollutants are or may be discharged into a water body.137

• "Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial,
municipal, and agricultural waste discharged into water.138

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on May 16,
1996.139

• Initial water quality standards were approved by EPA on December 27, 2001.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on May 16,
1996.

404-like Ordinance

• It shall be unlawful for any person to perform any of the actions specified under this
Section within the Fond du Lac Reservation unless and until a Wetland Activity
Permit is obtained from the Resource Management Division pursuant to this
Ordinance. A Wetland Activity Permit is required for an activity in a wetland, or
within a designated buffer zone of a wetland, unless specifically exempted under this
Section 303 of this Ordinance.140

Statements of cultural or spiritual significance of wetlands

• In their natural state, wetlands provide important tribal and public benefits and
ecological functions. They provide habitat areas for fish, wildlife, and vegetation,
water quality maintenance and pollution control, flood control, shoreline erosion
control, natural resource education, scientific study, open space, recreation
opportunities, environmental niches, and most importantly the traditional, cultural,
and spiritual aspects of our heritage.141

Other Novel Protections

• A Shoreland Permit is required for any activity to be completed in the shoreland
overlay district. Activity is, but not limited to, the construction or alteration of
buildings, and accessory structures including temporary structures such as docks, the
installation and/or alteration of individual sewage treatment systems, grading and
filling activities, extraction and excavation activities, or removal of vegetation within
the Shoreland Overlay District.142

137 Water Quality Standards of the Fond du Lac Reservation, Ordinance No. 12/98, Section 201 (oo). Amended September 11,
2001. Available at https://www.epa.gov/sites/production/files/2014-12/documents/chippewa-tribe.pdf.

138 Id. at Section 201 (pp).

139 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-fond-du-lac-band-minnesota-chippewa-tribe.

140 Fond du Lac Band Wetlands Protection and Management Ordinance, Ordinance No. 03/06, Section 302.

141 Id. at Section 102.

142 Fond du Lac Band, Land Use Ordinance, Ordinance No. 02/07, Section 603. Available at
http://www.fdlrez.com/government/ords/02-07ord.pdf.

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" slknap Indian Community

Other Novel Protections

• The tribal code prohibits throwing refuse in waters: No person shall deposit, place or
throw into any Reservation waters, or leave upon the ice or in such waters any cans,
bottles, debris, refuse or other solid waste material; and no person shall abandon any
automobile, boat, or other vehicles in such waters. Any automobile, boat, or other
vehicles not removed from such waters within thirty (3) days shall constitute
abandonment.143

iver In lmunity

Other Definitions

• "Permit" means a written document authorized by the Department. A permit is
between the Department and a person, whereby the person voluntarily consents to the
conditions in the permit and the jurisdiction of the Community in exchange for
permission to construct, operate, modify, or conduct a certain approved activity on
Reservation lands.144

• "Pollutant" means any substance that contains contaminants (examples include, but
are not limited to, solid or hazardous substances or wastes, chemicals, septage,
pesticides, herbicides, fertilizers, wastewater, garbage, petroleum products, biological
materials, dirt and other earth derived materials, heat, and radioactive materials).145

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on October 30,
2018.146

• Initial water quality standards have not yet been approved by the EPA.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on October
30, 2018.

402-like Ordinance

• The Department is authorized to issue both general permits and individual permits.147

• General Wastewater and Reclaimed Water Management Ordinance Provisions
include:

o The disposal of wastewater and septage is strictly prohibited except as
expressly provided in Section 15.603.

143 The Laws of the Gros Venture and Assiniboine Tribes of Fort Belknap, Title X, Fish and Wildlife Conservation Code, Section
7.05. Available at https://indianlaw.mt.gov/Portals/127/fortbelknap/codes/fort belknap tribal code.pdf. See also Section 12.18
("No person shall: A. Deposit refuse in Reservation waters.").

144 Gila River Indian Community Wastewater and Reclaimed Water Management Ordinance, Title 15, Chapter 6, Section
15.602.A.71. 2016. Available at http://www.gricdea.org/view/download.php/about-us/downloads/user file 4.

145 Id. at Section 15.602.A.78.

146 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-gila-river-indian-communitv.

147 Gila River Indian Community Wastewater and Reclaimed Water Management Ordinance, Title 15, Chapter 6, Section
15.601.E.4.

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o It shall be unlawful to dispose, collect, truck or haul, treat, store, handle,

distribute, release, discharge, recharge, reuse, or manage wastewater, septage,
treated wastewater, or reclaimed water in a manner that creates a nuisance
and/or an environmental and/or public health and safety hazard as determined
by the Department in coordination with Community health departments.

(11) Treated wastewater or reclaimed water may only be discharged to authorized
locations pursuant to a Department issued permit, federal law, and/or as
otherwise approved by the Department.

(13)	A permittee shall take all necessary actions to eliminate and correct any
adverse impact on the public health or the environment resulting from permit
noncompliance.

(14)	The preparation, transport, land application, or disposal of any sludge or
biosolids shall be managed pursuant to GRIC Code Title 18, Chapter 2,

Waste Management.

(17) Within 60 calendar days of the effective date of this chapter, the Department
shall determine if an existing facility is a Type "A", "B", or "C" facility.
Within 180 calendar days of the effective date, the Department shall issue
revised permits for each centralized wastewater treatment facility.148

CCCC.	"	d of the Minnesota Chipper

Definition of "waters of the Reservation"

•	"Waters of the Reservation" means any accumulation of water, surface or
underground, natural or artificial, public or private, or parts thereof which are wholly
or partially within, flow through, or border upon the Grand Portage Reservation;
including but not limited to lakes, streams, and wetlands.149

Definition of "wetland"

•	"Wetland" means those areas that have a predominance of hydric soils, are inundated
or saturated by surface or ground water at a frequency and duration to support, and
that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soils. "Normal circumstances" refers to the soil and
hydrologic conditions normally present, without regard to whether the vegetation has
been removed or whether the lands have been otherwise modified/manipulated by
human activity.150

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on July 16,
1996.151

•	Initial water quality standards were approved by EPA on November 2, 2005.

401 Certification

148	Id. at Section 15.601.F, only relevant portions cited.

149	Grand Portage Band of the Minnesota Chippewa Indians Water Quality Standards Section IV. Available at
https://www.epa.gov/sites/production/files/2014-12/documents/grandportageband.pdf.

150	Id.

151	https://www.epa.gov/was-tech/water-aualitv-standards-regulations-grand-portage-band-minnesota-chippewa-tribe.

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• Found eligible to administer a water quality certification program (TAS) on July 16,
1996.

Statements of cultural or spiritual significance of wetlands and water resources

• The Tribe's existence has been dependent on the ability of the land and waters to
provide natural resources for consumption, subsistence, cultural preservation,
religious practice and sustainable economic development. Areas within the
Reservation serve as a refuge for Tribal members to continue to practice a life that
exemplifies sustainable economic development, and that preserves the resources
critical to cultural integrity and survival of the Tribe.152

• In the tribe's water quality standards, they have established a designated use for
cultural uses: wild rice areas and aesthetics (a stream, river, lake, wetland or
impoundment, with an uncharacteristic beauty or which represents the traditional
value system of the Grand Portage Band of Chippewa, as determined by the Grand
Portage Reservation Water Resources Board).153

Other Novel Protections

• The tribe's water quality standards apply to wetlands, including designated uses for
wetlands154: The GPWRB will impose the most stringent statutory and regulatory
controls for all new and existing point sources and will impose the best management
practices for non-point sources and wetland alterations.155

tvei i and Chippewa Indians

Definition of "wetlands"

• "Protected wetland" means a wetland which meets one or more of the following
criteria: (1) a wetland which is within five hundred (500) feet of a lake or stream; (2)
a wetland which is five (5) or more acres in size; (3) a wetland set aside for protection
by the Tribal Council; or (4) a wetland subject to regulation by the federal
government.156

Other Definitions

• "Environmentally sensitive sites" includes sites with one or more of the following
characteristics: (1) Sites where driveways have been planned with a slope greater than
ten percent (10%) (10 feet horizontal to 1 foot vertical). (2) Sites with heavy clay
soils (commonly termed hardpan clay), and soils classified in hydrological Group D
in the soil surveys published by the Soil Conservation Service, U.S. Department of
Agriculture. (3) Sites which may cause sedimentation or flood onto adjacent land
areas if earth changes occur. (4) Sites located within one hundred (100) feet of a
wetland. (5) Other environmentally sensitive sites identified by the Tribal

152 Grand Portage Band of the Minnesota Chippewa Indians Water Quality Standards Section VI.

153 Id. at Section V.E.

154 Id. at Section V.

155 Id. at Section VII.

156 Grand Traverse Band Code, Title 8 Conservation, Ecology, and Hunting/Fishing, Section 302 (yy). Available at
https://www.narf.org/nill/codes/grand traverse/Title 8.pdf.

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government as having a high potential for environmental degradation including
flooding as a result of soil erosion or stormwater runoff on-site or off-site.157

402 and 404-like Ordinance

• Permit Requirements ... (b) Regulated Earth Changes. Earth changes requiring a soil
erosion and stormwater runoff control permit from the enforcement officer(s)
designated by the Tribal Council include the following: (1) Earth changes connected
with any of the following activities which disturb land within five hundred (500) feet
of a lake or stream, except for normal maintenance:... (B) Site preparation for a
single-family residence and multiple family residential developments. (C) Tribal
buildings and service facilities.... (D) Recreational facilities.... (E) Utilities.... (F) Oil,
gas, and mineral wells.... (H) Logging activities ... (J) Earth changes on agricultural
lands.... (2) Earth changes for environmentally-sensitive residential sites. (3)

Industrial or commercial use development sites, regardless of size, location, or
environmental sensitivity. (4) (A) All developments which includes housing,
commercial, subsidiary enterprises, individual or other entity developments within the
Tribe's jurisdiction regardless of size, location, or environmental sensitivity. (B) All
multi-family developments regardless of size, location or environmental sensitivity158

Havasupai Tribe

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on April 26,
2011.159

• Initial water quality standards have not yet been approved by the EPA.

FFFF. Hoopa Valley Tribe

Definition of "waters of the tribe"

• "Waters of the Reservation" or "Reservation waters" means any water, surface or
underground, contained within, flowing through or bordering upon the Hoopa Valley
Indian Reservation or any portion thereof."160

Other Definitions

• "Permit" means any formal authorization from, or approval by, the Tribe, the Review
Committee, or other tribal entities and agencies, the absence of which would preclude
surface mining operations or other activities regulated hereby.161

• "Point source" means any discernable, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, culvert, well, discrete

157 Id. at Section 302 (u), emphasis added.

158 Id. at Section 303, only relevant portions cited.

159 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-havasupai-tribe.

160 Hoopa Valley Tribe, Title 37 Pollutant Discharge Prohibition Ordinance, Ordinance No. 3-95, Section 2. Available at
https://www.hoopa-nsn.gov/wp-content/uploads/2015/06/Title37-PollutantDischarge08Q395.pdf.

161 Hoopa Valley Tribe, Title 35 Riparian Protection and Surface Mining Practices Ordinance, Ordinance No. 3-92, Section
35.2.18. Available at https://www.hoopa-nsn.gov/wp-content/uploads/2015/06/Title35-RiparianMining080392.pdf.

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fissures, containers, rolling stock, concentration animal feeding operation, vessel, or
other floating craft.162

•	"Pollutant" means any substance that will alter the quality of the waters of the
Reservation.163

•	"Riparian area" shall be defined according to the reasonable discretion of the Review
Committee, but shall include at a minimum, with respect to the Trinity River, the
lands lying between the stakeline boundaries of the allotments and former allotments
along that river. The Review Committee's discretion shall be guided by the standard
that the vegetation, soil, and mineral resources, and ground and surface waters of the
riparian area are to be viewed as a comprehensive ecosystem164.

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on May 17,
1996.165

•	Initial water quality standards were approved by EPA on September 11, 2002.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on May 17th,
1996.

402-like and 404-like Ordinance

•	Section 4.1 of the tribe's Pollutant Discharge Prohibition Ordinance requires a permit
from the Riparian Review Committee for a wide range of activities that affect water
quality, including "all existing and proposed point and non-point pollution discharges
into surface or ground waters, and to all activities which have the potential to affect...
water quality," including but not limited to: (A) landfills and open dumps; (B) storage
of animal waste; (D) landfilling of sludge or septic system waste; (E) individual,
residential, industrial, commercial, or agricultural sewage treatment facilities; (F)
individual, residential, industrial, commercial, fire protection, or agricultural water
control devices; (G) underground and above-ground liquid storage containers; (H)
surface and subsurface removal of mineral resources, overburden, rock, or soil,
including quarry operations (borrow pitting) for road surfacing or other uses; (I) all
prospecting activities involving removal of soil or rock materials; (J) sand and gravel
operations; (K) activities such as suction dredging, that have the potential to affect the
riparian area, water quality, or channel morphology; (M) identified point source
pollution problem areas; and (N) application of herbicide, insecticide, or other
pesticide or toxic material or fertilizer for non-domestic use.166

404-like Ordinance

•	The tribe requires a permit from the Tribal Council for "surface mining or mineral
development activities" within the Trinity and Klamath River riparian areas with the
potential to affect water quality under its Riparian Protection and Surface Mining

162	Hoopa Valley Tribe, Title 37 Pollutant Discharge Prohibition Ordinance, Ordinance No. 3-95, Section 2.

163	Id.

164	Hoopa Valley Tribe, Title 35 Riparian Protection and Surface Mining Practices Ordinance, Ordinance No. 3-92, Section
35.2.24.

165	https://www.epa.gov/was-tech/water-qualitv-standards-regulations-hoopa-vallev-tribe.

166	Hoopa Valley Tribe, Title 37 Pollutant Discharge Prohibition Ordinance, Sections 1.4 and 4.1, only relevant portions cited.

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Practices Ordinance, including but not limited to: (a) surface and subsurface removal
of mineral resources, overburden, rock, or soil, including quarry operations (borrow
pitting) for road surfacing or other uses; (b) all prospecting activities involving
removal of soil or rock materials; (c) sand and gravel operations; (d) any activities
such as suction dredging, that have the potential to affect the riparian area, water
quality, or the channel of the Trinity River; (e) any activities in the Trinity River or
Klamath River riparian areas with potential to affect the riverbed or river flow,
ground or surface water quality, or fishery, cultural, or ceremonial values.167

Statements of cultural or spiritual significance of wetlands and water resources

•	Since time immemorial, the Trinity River, its tributary streams, the streambeds
thereof, and the riparian areas adjacent thereto, have been natural resources of the
most profound significance to the Hoopa Valley Tribe, and Hupa people have always
used these resources for cultural, ceremonial, religious, fishery, seasonal residential,
and other purposes fundamental to the Tribe's way of life.168

•	In the tribe's surface water quality standards, they have established a designated use
for cultural uses which is defined as a use that has religious, ceremonial, subsistence
significance or provides a role in Hoopa Tribal culture.169

GGGG. Hopi Tribe

Definition of "wetlands"

•	"Wetlands" means those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands include swamps, marshes, bogs, cienegas, tinajas,
and similar areas.170

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on April 23,
2008.171

•	Initial water quality standards were approved by EPA on July 8, 2008.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on April 23,
2008.

Statements of cultural or spiritual significance of wetlands and water resources

•	In the tribe's surface water quality standards, they have established a designated use
for Primary Contact Ceremonial (PCC) use. Primary contact ceremonial means the
use of a spring, stream reach, lake, or other water body for religious or traditional

167	Hoopa Valley Tribe, Title 35 Riparian Protection and Surface Mining Practices Ordinance, Ordinance No. 3-92, Sections 35.1
and 35.4.

168	Hoopa Valley Tribe, Title 37 Pollutant Discharge Prohibition Ordinance, Section 1.2(A).

169	Id. at Section 6.1(0).

170	Hopi Tribe Water Quality Standards Chapter 8. Revised November 2010. Available at
https://www.epa.gov/sites/production/files/2014-12/documents/hopitribe.pdf.

171	https://www.epa.gov/was-tech/water-qualitv-standards-regulations-hopi-tribe.

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purposes by members of the Hopi Tribe; such use involves immersion and intentional
or incidental ingestion of water, and it requires protection of sensitive and valuable
aquatic life and riparian habitat.172

Other Novel Protections

• The tribe's general water quality standards apply to wetlands.173

HHHH. Hualapai Indian Tribe

Definition of "tribal waters"

• "Tribal waters" means all surface waters and groundwater located on, within,
underlying, or passing through, Hualapai Tribal Lands.174

Definition of "wetlands"

• "Wetlands" means those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, bogs, vernal pools,
fens, ciengas, and marshes.175

Other Definitions

• "Discharge" means the addition of a pollutant to any Tribal waters from any point
source.176

• "Point source" means any discernible, confined, and discrete conveyance from which
pollutants are or may be discharged into a water body, and does not include return
flows from irrigated agriculture.177

• "Pollutant" means any substance which will alter the quality of tribal waters, and
which is discharged in such a manner that either the discharge itself or the resulting
alteration of water quality does not comply with federal or tribal standards, and
includes, but is not limited to, dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial,
municipal, and agricultural waste.178

• "Surface water" means any water of the United States, as that phrase is defined in 33
CFR 328.3, and includes the following: wetlands, lakes, streams, reservoirs, natural
ponds, rivers, creeks, washes, draws, mudflats, sandflats, wetlands, sloughs,
backwaters, prairie potholes, wet meadows, playa lakes; all impoundments of waters
otherwise defined as surface waters; tributaries of surface waters; and wetlands
adjacent to surface waters.179

172 Hopi Tribe Water Quality Standards Chapter 4, Section 4.102.D.

173 Id. at Chapter 1, Section 1.105.

174 Hualapai Tribe Water Resources Ordinance, Chapter 1, Section 110.UU. Available at
https: //www, epa. go v/sites/production/files/2014-12/documents/hualapai-tribe.pdf.

175 Id. at Section 110.WW.

176 Id. at Section 110.P.

177 Id. at Section 110.LL.

178 Id. at Section 110.MM.

119 Id. at Section 110.PP.

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303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on July 22,
2004.180

•	Initial water quality standards were approved by EPA on September 17, 2004.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on July 22,
2004.

402-like Ordinance

•	Discharge Permits: To further implement the purposes and provisions of this
Ordinance, the Water Resources Program is hereby authorized to develop a program
for issuing permits in accordance with the National Pollutant Discharge Elimination
System provisions of the Clean Water Act. Unless and until the Hualapai Tribe
asserts primary responsibility for NPDES permitting, the EPA shall work together
with the Tribe to develop, issue and enforce permits for dischargers within Hualapai
tribal lands in accordance with standards set forth in this Ordinance.181

•	No person shall conduct any activity which causes a discharge from a point source
into a Tribal water without first obtaining an NPDES permit from EPA under section
402 of the Clean Water Act or from the Water Resources Program, if the program
implements an NPDES permit program pursuant to section 604 of this Ordinance. In
addition, to the extent the activity constitutes "development" under subtitle A of the
Hualapai Environmental Review Code, such person shall obtain a permit from the
Tribal Environmental Review Commission as required by Subtitle A.182

Statements of cultural or spiritual significance of water resources

•	"Traditional Cultural Place" means tribal waters and surrounding areas which meet
the definition of a "traditional cultural place" under the Hualapai Cultural Heritage
Resources Ordinance, namely, a place that is eligible for the National Register
because of its association with cultural practices or beliefs of a living community that
are rooted in that community's history and are important in maintaining the
continuing cultural identity of the community, or a place that has been determined
eligible for the Hualapai Register. These places serve as exclusive harvest areas
where members of the Hualapai Tribe may search for and extract plant life and
vegetation to be used for ethnobotanical purposes (e.g., constructing baskets and
cradleboards, as well as for medicinal and/or any other such purposes commonly
identified by the Hualapai community as being associated with traditional uses), as
well as for religious gatherings and sensitive ceremonial activities.183

J	paelie Nation

Other Definitions

180	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-hopi-tribe.

181	Hualapai Tribe Water Resources Ordinance, Chapter 6, Section 604.

182	Id. at Chapter 7, Section 701 .A.

183

Id. at Chapter 6, Section 110.TT.

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•	Environmentally Sensitive Areas means portions of the Nation that are: (1) Within the
valleys of the San Juan, Navajo, Rio Puerco, or Chama Rivers and bounded by the
topographic line on either side of the river that is one hundred (100) vertical feet,
measured perpendicularly to the river channel, above the river channel; or (2) Within
the surface water drainages or alluvial areas within fifty (50) vertical feet, measured
perpendicularly to the drainage channel, of all major perennial and ephemeral creeks,
canyons, washes, arroyos, and draws within the Nation; (3) Within a radius of one
thousand (1,000) horizontal feet around any fresh water spring, well, or domestic or
public water source in existence on January 1, 1994; or (4) Within one hundred (100)
vertical feet, measured perpendicularly to the water surface, of all lakes, playas, or
stock or livestock watering ponds within the Nation.184

Statements of cultural or spiritual significance of water resources

•	In administering this [Water Code], the Water Commission and the Water
Administrator shall consider the following Policy: (A) Water is a life-giving resource
and its use should benefit the greatest possible number of members of the Nation.185

•	The rivers, lakes, and ponds of the Nation are to be retained as nearly as possible in
their natural condition, prohibiting the obstruction of flows and maintaining water
levels necessary to preserve traditional and religious, recreational, fish and wildlife
uses, and maintain aesthetic and environmental values to the greatest extent
possible.186

Other Novel Protections

•	The tribe adopted a Water Code to govern the right to impound, divert, withdraw, use,
or affect the use of the waters of the Nation.187

•	The purpose of the Unlined Surface Impoundments Ordinance is to ensure that the
Nation's environment is protected from any unlined surface impoundment utilized in
connection with oil and gas exploration, production, processing, or transportation.188

JJJJ. Kaiispel It

Definition of "waters of the Reservation"

•	"Waters of the Reservation" means lakes, bays, ponds, impounding reservoirs,
springs, wells, rivers, streams, creeks, marshes, wetlands, inlets, canals, and all other
bodies of surface water, natural, or artificial, inland, fresh, public or private (except
those private waters that do not combine or affect a junction with natural surface or
underground waters), which are within the Reservation.189

Definition of "wetlands"

184	Jicarilla Apache Nation Code, Title 14 Environmental Protection Code, Chapter 3 Unlined Surface Impoundments Ordinance,
Section 14-3-4 (D). Available at: http://iicarillaoga.com/uploads/1512664422-JANCTitlel4EnvironmentalProtection.pdf.

185	Jicarilla Apache Nation Code, Title 21 Water Code, Section 21-6-1 (A). Available at:
http://iicarillaoga.com/uploads/1527625549-Title21WaterCode.pdf.

186	Id. at Section 21-6-3 (D).

187	Id. at Section 21-5-5.

188	Jicarilla Apache Nation Code, Title 14 Environmental Protection Code, Chapter 3 Unlined Surface Impoundments Ordinance,
Section 14-3-2.

189	Water Quality Standards Applicable to Waters within the Kaiispel Indian Reservation, Section 4. Available at
https: //www, epa. go v/sites/production/files/2014-12/documents/kalispel-tribe-wq s.pdf.

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•	"Wetlands" means areas that are inundated or saturated by surface water or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions.190

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on November
4, 2002.191

•	Initial water quality standards were approved by EPA on June 24, 2004.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on
November 4, 2002.

Statements of cultural or spiritual significance of water resources

•	The tribe's water quality standards include a ceremonial and cultural designated use.
These criteria apply to waters used for swimming and wading: 1) E.coli shall not
exceed a geometric mean of 126 colony forming units/lOOmL with no single sample
exceeding 235 colony forming units/lOOmL. 2) Livestock, pet, human, commercial,
and industrial wastes are not allowed to be drained or discharged into Waters of the
Reservation without control or treatment with best management practices approved
by the department and sufficient to meet all criteria. No wastewater source is
permitted to cause a violation in Kalispel Tribal Water Quality Standards. 3) Toxic,
radioactive, or deleterious materials shall be below levels which have the potential
either singularly or in combination to interfere with use a as source water for
domestic and municipal water supplies, or adversely affect public health as
determined by the department.192

Karuk Tribe

303(c) Water Quality Standards

•	Application under review; notice issued October 24, 2018. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.

401 Certification

•	Application under review; notice issued October 24, 2018. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.

190	id.

191	https://www.epa.gov/was-tech/water-qualitv-standards-regulations-kalispel-indian-communitv-kalispel-reservation

192	Water Quality Standards Applicable to Waters within the Kalispel Indian Reservation, Section 12(f).

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Kashia Band ¦1 iians

Definition of "waters of the Rancheria"

• "Water or Waters" means any water, surface or underground located on or running
through the Rancheria.193

Other Definitions

• "Pollutant" means any substance that will alter the quality of the waters of the
Rancheria.194

• "Quality of the water or waters" means any chemical, physical, biological,
bacteriological, radiological, and other properties and characteristics of water which
affect its use.195

402-like and 404-like Ordinance

• No person shall discharge any pollutant into the waters of the Rancheria.196

MMMM. Kewee iian Community

303(c) Water Quality Standards

• Application under review; notice issued April 8, 2019. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.

401 Certification

NNNN. Kletsel Delie ti Indians

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on April 7,
2016.197

• Initial water quality standards have not yet been approved by EPA.

401 Certification

193 Kashia Band of Pomo Indians, Ordinance 7 Prohibiting the Discharge of Any Pollutant into the Waters of the Rancheria,
Section 2(G). Available at http://stewartspoint.org/wp/wp-content/uploads/2012/10/TribalOrdinance7.pdf.

194 Id. at Section 2(D).

195 Id. at Section 2(F[sic]).

196 Id. at Section 3. "This ordinance is being enacted at this time as an emergency measure to maintain the quality of Rancheria
waters until such time as the Stewarts Point Rancheria Community Council can enact a new water ordinance comprehensively
regulating water quality and the discharge of pollutants on the Rancheria" (Kashia Band of Pomo Indians, Ordinance 7, Section

1).

197 https://www.epa.gov/was-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

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• Found eligible to administer a water quality certification program (TAS) on April 7,
2016.

OOOO. Lac Courte Oreilles Band Derior Chippewa Indians

Definition of "navigable"

• Lakes, ponds, and flowages on the Lac Courte Oreilles Reservation shall be presumed
to be navigable if they are listed in the Wisconsin Department of Natural Resources
publication "Surface Resources of Sawyer County" or are shown on United States
Geological Survey quadrangle maps.198

• Rivers and streams on the Lac Courte Oreilles Reservation shall be presumed to be
navigable if they are designated as continuous waterways or intermittent waterways
on United States Geological Survey quadrangle maps.199

Other Novel Protections

• Shoreland Protection Code requires "Setbacks from Navigable Water": (1) Building
setbacks shall be established to conform to health, safety and welfare requirements,
preserve natural beauty, reduce flood hazards and avoid water pollution. (2) For lots
that abut on navigable waters, all buildings and structures, new dwellings on vacant
lots and replacement dwellings; except piers and boat hoists shall be set back a
minimum of 75 feet from the ordinary high-water mark of navigable waters and
wetlands adjacent to any navigable water. The minimum setbacks shall be 100 feet on
the Chippewa Flowage. All setback distances are measured from the overhang or
appendage such as a deck, horizontally to the closest point of the ordinary high-water
mark. For lots that abut on nonnavigable wetlands, all buildings and structures shall
be set back a minimum of 50 feet from the wetland boundary. Navigable wetlands
shall be determined by a representative of the Lac Courte Oreilles Conservation
Department. Certification of wetland delineation, if required, is the responsibility of
the property owner. (3) New boathouses shall not be allowed within 75 feet (100 feet
on the Chippewa Flowage) of the ordinary high-water mark of navigable waters. (4)
Retaining walls shall not be allowed within 75 feet (100 feet on the Chippewa
Flowage) of the ordinary high-water mark of navigable waters, within 75 feet (100
feet on the Chippewa Flowage) of navigable wetlands or within 50 feet of
nonnavigable wetlands....200

,ae ciu Flambeau Banc ' . lie Superior Chippewa Indians

Definition of "reservation waters"

• "Reservation waters" means all lakes, streams, sloughs, bayous, and marsh outlets
which are navigable in fact and which are located within the reservation; lakes which

198 Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin, Tribal Code of Law, Title VI Conservation,
Chapter 7 Shoreland Protection Code, Section 7.105(1). Available at:

199 Id. at Section 7.105(2).

200 Id. at Section 7.501.

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are partly within this reservation are included to the extent of the shoreline within the

901

reservation.

Definition of "wetlands"

• "Wetlands" means those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions as well as having hydric soils present. Wetlands generally
include, but are not limited to swamps, marshes, and bogs.202

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on April 8,
2008.203

• Initial water quality standards were approved by EPA on September 17, 2010.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on April 8,
2008.

404-like Ordinance

• No tribal member or lessee shall conduct, nor shall any tribal member or lessee
permit, employ, contract or authorize any person to conduct, any of the following
activities without a permit therefor from the Tribe: (1) Deposit any material or place
any structure upon the bed of any reservation water without obtaining appropriate
Tribal and/or Federal Permits.204

• Filling, grading, lagooning, dredging, ditching and excavating may only be conducted
in accordance with the provisions of Chapters III, IV, V, VI and VII of this ordinance,
and only if done in a manner designed to minimize erosion, sedimentation, and
impairment of fish and wildlife habitat.205

• Any use not permitted in Section 23.702 is prohibited in any reservation wetland area
unless a conditional use permit is granted by the Tribe.206

Other novel protections

• The following setback requirements are established in order to protect the health,
safety, and welfare of tribal members and licenses and to reduce flood hazards and
prevent water pollution: (1) A setback of seventy-five (75) feet from the ordinary
high-water mark of an adjacent body of water to the nearest part of a building or
structure shall be required, excepting piers, boat hoists, fish hatcheries, and
boathouses. (2) No boathouse shall be used for human habitation nor constructed
beyond the ordinary high-water mark of any reservation body of water. All new

201 Lac du Flambeau Band of Lake Superior Chippewa Indians Tribal Code, Chapter 23 Reservation Water and Shoreline
Protection and Enhancement Ordinance, Section 23.108 (5). Available at: https://www.ldftribe.com/uploads/files/Court-
Ordinances/CHAP23%20Reservation%20Water%20and%20Shoreline%20Protection%20and%20Enhancement%200rdinance.p
df.

202 Id. at Section23.108 (18).

203 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-lac-du-flambeau-band-lake-superior-chippewa-tribe.

204 Lac du Flambeau Band of Lake Superior Chippewa Indians Tribal Code, Chapter 23 Reservation Water and Shoreline
Protection and Enhancement Ordinance, Section 23.301.

205 Id. at Section 23.804.

206 Id. at Section 23.703.

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boathouses must be constructed at a minimum setback of five (5) feet from the
ordinary high water mark and must not exceed three-hundred (300) square feet in area
and must not exceed thirteen (13) feet in height.207
• No person shall cut aquatic vegetation growing or found in any reservation body of
water without first consulting with the Tribal Natural Resource Department as to the
identity of the vegetation said person proposes to cut. In the event that the Tribal
Natural Resource Department determines that the vegetation is in fact wild rice or
advantageous to wildlife or fish habitat, it shall issue a written notice to said person
not to cut...208

QQQQ. 1 "he Minnesota Chipper

303(c) Water Quality Standards

• Application under review; notice issued May 31, 2019. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority209.

401 Certification

RRRR. verse Bay Bands is

Definition of "wetlands"

• "Wetland" means land characterized by the presence of water at a frequency and
duration sufficient to support, and that under normal circumstances does support,
wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or
marsh, not contiguous to the Great Lakes, an inland lake or pond, or a river or stream.
Wetlands must have hydric soils, wetland vegetation and presence of wetland
hydrology.210

Other Definitions

• "Coastal Wetland" means wetlands that are within one mile or less of the Lake
Michigan shoreline.211

207 Id. at Section 23.802.

208 Id. at Section 23.501.

209 https://www.epa.gov/was-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

210 Little Traverse Bay Bands of Odawa Indians, Waganakising Odawak Statute 2006-0106, Wetland Protection and Management
Statute, Section II(K). Available at https://www.ltbbodawa-nsn.gOv/OdawaRegister/Legislative/Statutes/2006/wos%202006-
016%20Wetlands%20Protection%20Statute-passed%20bv%20Council.pdf. See also Little Traverse Bay Bands of Odawa Indians
Tribal Code of Law, Title IV Natural Resources, Chapter 4 Wetland Protection and Management, Section 4.403.K. Available at:
https://www.ltbbodawa-nsn.gov/TribalCode.pdf.

211 Little Traverse Bay Bands of Odawa Indians Wetland Protection Management Statute at Section III(B).

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• "Contiguous Wetland" means a wetland bordering a lake or stream or that is directly
connected to, or within 500 feet of, the surface waters of the Great Lakes.212

• "High quality wetlands" means those wetlands determined to be of high quality by
the LTBB Wetland Protection Officer using the rapid assessment for functional
values analysis.213

• "Inland Wetland" means any wetland over one mile from the Lake Michigan
shoreline.214

• "Non-contiguous Wetland" means a wetland over 500 feet from the surface waters of
the Reservation land and not directly connected to waters therein.215

• "Native Wetlands" means wetlands that are within or connected to the 1855 LTBB
Treaty Delineated Reservation that include marshes, bogs, fens, sedge meadows,
seeps, or wet prairies.216

404-like Ordinance

• Regulations: 1. Uses Allowed Without a Permit: The Environmental Services
Department shall develop regulations for uses allowed in a wetland without a permit.
2. Uses Allowed With a Permit: The Environmental Services Department shall
develop regulations for activities allowed in a wetland with a permit. 3. Prohibited
Uses: The Environmental Services Department shall develop regulations for uses that
are prohibited in a wetland. They will include but are not limited to the following: i.
Deposit or permit the placing of fill material in a wetland; ii. Dredge, remove, or
permit the removal of soil or minerals from a wetland; iii. Construct, operate, or
maintain any use or development in a wetland; iv. Drain surface water from a
wetland; v. Engage in wanton destruction or waste of fish, game, reptiles, amphibians
or plants.217

Statements of cultural or spiritual significance of wetlands

• Cultural Values. The critical environmental functions of Wetland Areas make them
very important to Little Traverse Bay Bands of Odawa Indians (LTBB) culture in that
they provide medicinal, food and utilitarian plants, and a forum for outdoor education
and ceremony.218

• By protecting wetlands, we protect our heritage for the next seven generations. The

• Purposes of this Statute include encouraging education and proper cultural uses of our
wetlands, and reducing their over harvesting.219

Other novel protections

• Great Lakes Protection Statute was enacted to help protect and preserve the Great
Lakes ecosystem. Under the statute, no person under the jurisdiction of the tribe (A)
may commence or carry out any drilling activity (including any slant or directional
drilling) to extract oil, gas, or other petroleum products from lands beneath waters

212 id.

213 id.

214 id.

215 id.

216 id.

217 id.
21sld.
219 id.

at Section
at Section
at Section
at Section
at Section
at Section
at Section
at Section

111(D)-

111(E)-

111(G)-

111(H)-

III(I).

VIII .A.

I.B.

II.B.

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under any of the Great Lakes, or (B) may commence or carry out any activities to sell
or divert any waters from the Great Lakes.220

imi Tribe

Definition of "waters of the tribe"

•	"Water" means Lummi Nation ground water and surface water.221

•	"Surface waters of the Lummi Indian Reservation" means any or all fresh or marine
waters originating from precipitation or ground water discharge that are found at the
surface of the earth and that originate or flow in, into, or through the Reservation, or
that are stored on the Reservation, primarily in rivers, streams, springs, seeps, ponds,
wetlands, lakes, and storm water drainage facilities.222

•	"Lummi Nation Water" means all fresh and marine waters that originate or flow in,
into, or through the Reservation or trust lands, or that are stored on the Reservation or
trust lands, whether found on the surface of the earth or underground, and all Lummi
Nation tribal reserved water rights.223

Definition of "wetlands"

•	"Wetlands" means those areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas.224

Other Definitions

•	"Adjacent Wetlands" means wetlands bordering, contiguous, or neighboring "waters
of the United States" as defined by 33 CFR 328, as amended from time to time.225

•	"Contiguous Wetlands" means wetlands that are connected to waters of the
Reservation or trust lands or other geographic features (e.g., open space) by any of
the following criteria: (1) all or part of the wetland lies within the 100-year floodplain
of waters of the Reservation or trust lands; (2) hydric soil and hydrophytic vegetation
extend continuously to waters of the Reservation or trust lands or other pertinent
geographic features; or (3) sufficient evidence exists to conclude the wetland is
hydrologically connected and is immediately adjacent to waters of the Reservation or
trust lands or other pertinent geographic features.226

•	"Filling" means the depositing of any material on a site that raises the surface level of
the land or the bed of a body of water above its prior or natural elevation.227

220	Id. at Section II (only relevant portions cited).

221	Lummi Code of Laws, Title 17 Water Resources Protection Code, Chapter 17.09 Definitions, Section 17.09.010. Available
at: https://www.lummi-nsn.gov/userfiles/393 Title 17 Water Resources Protection Code Resolution 2016-014.pdf.

222	Lummi Tribe, Lummi Administrative Regulations (LAR), Water Quality Standards for Surface Waters of the Lummi Indian
Reservation; 17. LAR 07.020. Available at https://www.epa.gov/sites/production/files/2014-12/documents/lummi-nation-
wqs.pdf.

223	Lummi Code of Laws, Title 17 Water Resources Protection Code, Chapter 17.09 Definitions, Section 17.09.010.

224	Id.

225	Id.

226	Id.

227	Id.

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•	"Isolated Wetlands" means non-tidal wetlands not part of a surface tributary system
to intrastate or navigable waters of the United States and are no [sic] adjacent to such
tributary waterbodies.

•	"Permit" means a document issued pursuant to the Lummi Code of Laws or federal
regulations.228

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on March 5,
2007.229

•	Initial water quality standards were approved by EPA on September 30, 2008.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on March 5,
2007.

402-like and 404-like Ordinances

•	It is civilly prohibited for any person to: (f) take, store, or alter water, or discharge
into Lummi Nation Water, or affect the quality or quantity of Lummi Nation Water
without a permit authorizing such taking, altering, or discharging or without an
exemption issued pursuant to this Code.230

•	Storm Water Management

o (a) No person may engage in any use or activity regulated by this Chapter that
affects or has the potential to affect the quality or quantity of storm water as
listed in this Chapter without obtaining a land use permit from the Lummi
Planning Department, as provided in Title 15 of the Lummi Code of Laws and
regulations adopted thereunder, and developing a storm water pollution
prevention plan approved by the Water Resources Manager, (b) Regulated
activities include all: (1) new developments; and (2) re-developments, (c)
Obtaining a permit from the Lummi Planning Department does not waive the
necessity of obtaining the appropriate permits from the U.S. Army Corps of
Engineers and/or the U.S. Environmental Protection Agency or other
appropriate permits as required.231
o When storm water discharges directly or indirectly through a conveyance
system into a wetland, the following additional requirements must be met: (1)
Storm water discharges to wetlands must be controlled and treated to the
extent necessary to meet appropriate water quality standards. (2) Discharges
to wetlands shall maintain the hydroperiod and flows of existing site
conditions to the extent necessary to protect the characteristic functions of the
wetland. (3) Created wetlands that are intended to mitigate for loss of wetland
acreage, function, and value shall not be designed to also treat storm water.232
o All large development projects will conduct an analysis of off-site water
quality impacts resulting from the project and shall mitigate these impacts.

228	Lummi Tribe Water Quality Standards 17 LAR 07.020.

229	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-lummi-nation.

230	Lummi Tribe Water Resources Protection Code, Chapter 17.08, Prohibited Acts, Enforcement, Review, and Appeals, Section
17.08.010(f) (only relevant portions cited).

231	Id. at Chapter 17.05, Stormwater Management, Section 17.05.020.

232	Id. at Section 17.05.060(f).

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The analysis will extend a minimum of one-fourth mile downstream from the
project. The existing or potential impacts to be evaluated and mitigated
include, but are not limited to, excessive sedimentation, streambank erosion,
discharges to ground water or recharge areas, violations of water quality
standards, and spills and discharges of priority pollutants identified under
Section 307(a) of the Federal Clean Water Act.233

402-like Ordinance

•	The primary means to be used for controlling point source waste discharges shall be
through the issuance of waste discharge permits, in compliance with 17 LAR 07.090
(Mixing Zones) and 17 LAR 07.190 (Implementation) as provided for in the Lummi
Code of Laws Water Resources Protection Code (Title 17) as amended and Section
402 of the Clean Water Act (33 U.S.C. 1342).234

404-like Ordinance

•	Permit Required for Activities in Streams, Wetlands, and Their Buffers, (a) No
activity or development shall be allowed on streams, wetlands, or their buffers within
the Lummi Reservation and trust lands without a permit issued by the Lummi
Planning Department unless the activity is specifically exempted or allowed in this
Chapter. Permits may be issued with conditions or may require mitigation for
activities affecting streams or wetlands within the Lummi Reservation or trust lands,
(b) All lands lying within the boundaries of the Lummi Reservation and trust lands
fall under the jurisdiction of the Lummi Nation and the requirements of this Chapter,
including lands owned by the LIBC, lands held in trust, fee lands owned by tribal
members, and fee lands owned by non-tribal members.235

•	Regulated Activities. A permit shall be obtained from the Lummi Planning
Department before undertaking any of the following (or similar) activities in a stream,
stream bank, or wetland: (a) the removal, excavation, grading, or dredging of soil,
sand, organic matter, or material of any kind; (b) the dumping, discharging, or filling
with any material; (c) the draining, flooding, or disturbing of the water level or water
table; (d) the placing of obstructions; (e) the removal or alteration of beaver dams; (f)
the construction, reconstruction, expansion, or demolition of any structure, road, or
utility; (g) the destruction or alteration of vegetation (e.g., through clearing,
harvesting, shading, intentional burning, or planting of vegetation that would alter the
character of a wetland) which substantially changes the vegetation, topography, or
hydrology; or (h) activities that would result in the introduction of sediment, excess
nutrients, or pollutants or in a change in the physical or chemical characteristics of
wetland water, including quantity.236

•	Stream Buffers. Buffers shall be established around all streams as follows: (a)
Category 1: all streams shall have a minimum of a one hundred (100) foot buffer of
natural vegetation on both sides of the channel. The buffer width shall be a horizontal
distance measured from the ordinary high water mark of the stream channel. No

233	Id. at Section 17.05.060(g).

234	Lummi Tribe Water Quality Standards 17 LAR 07.190(c).

235	Lummi Tribe Water Resources Protection Code, Chapter 17.06 Stream and Wetland Management, Section 17.06.020; see
also: Lummi Administrative Regulation Wetland Management Regulations, 17 LAR 06.

236	Id. at Section 17.06.030.

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septic systems shall be placed within two hundred (200) feet of a Category 1 stream.

(b) Category 2: all streams shall have a minimum of a twenty-five (25) foot buffer of
natural vegetation on both sides of the channel. The buffer width shall be a horizontal
distance measured from the ordinary high water mark of the stream channel. No
septic systems shall be placed within one hundred (100) feet of a Category 2 stream.

(c) All stream stretches constrained by riparian wetlands shall have the appropriate
wetland-buffer width applied within such a stretch unless the stream-buffer width is

9^7

greater.

Statements of cultural or spiritual significance of water resources

• The tidelands are an economically and culturally critical resource that includes
salmon habitat, shellfish, extensive eel grass beds, herring spawning grounds, surf
smelt, sand lance, wildlife, and water supply intakes for salmon and shellfish
hatcheries.238

• Streams and wetlands provide a number of benefits to the Lummi Nation, including
fish habitat; habitat for migratory birds, amphibians such as frogs and salamanders,
and other wildlife; cultural plants and other cultural practices and properties;
providing recharge water to ground-water aquifers; preventing saltwater intrusion;
improving water quality; providing water to streams during summer low flows;
holding flood and storm waters; and recreational and educational opportunities.239

• All water that flows through or falls onto the Reservation discharges to resource-rich
tidelands and estuaries of the Reservation and/or contributes to aquifer recharge on
the Reservation. The estuaries and tidelands of the Reservation (including the
overlying waters) support a diverse assemblage of flora, fauna, and habitats such as
eelgrass, shellfish, and salmonid rearing areas. The quality of the resources associated
with the estuaries and tidelands affects the political integrity, economic security,
health, and welfare of the Lummi Nation as well as subsistence, cultural, commercial,
and other uses by tribal members.240

• "Tribal Cultural water use" means use of water in a water body to fulfill cultural,
traditional, spiritual, or religious needs of the Lummi Nation or its members, as
approved by the Lummi Nation Cultural Committee.241

P dian Tribe

Definition of "waters of the tribe"

• "Surface waters of the tribe" include lakes, rivers, ponds, streams (including
intermittent and ephemeral streams), wetlands, inland waters, saltwater, and all other
surface waters and watercourses within the exterior boundaries of the reservation.242

Definition of "wetlands"

237 Id. at Section 17.06.090.

238 Id. at Chapter 17.05 Storm Water Management, Section 17.05.010(b).

239 Id. at Chapter 17.06, Stream and Wetland Management, Section 17.06.010(a).

240 Id. at Chapter 17.07 Water Quality Standards, Section 17.07.010(a).

241 Lummi Tribe Water Quality Standards 17 LAR 07.020.

242 Makah Tribe Water Quality Standards for Surface Water, Part I, Section 2.

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• "Wetland" means any area that is inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.243

Other Definitions

• "Permit" means a document issued pursuant to tribal code or federal laws (such as
NPDES; CWA, Section 401; CWA, Section 404) specifying the waste treatment and
control requirements and waste discharge conditions.244

• "Pollutant" includes, but is not limited to dredged spoil, solid waste, incinerator
residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials (except those regulated under the
Atomic Energy Act of 1954, as amended (42 USC 2011 et seq.)), heat, wrecked or
discarded equipment, oil, mine tailings, rock, sand, cellar dirt and industrial,
municipal, and agricultural waste discharged into water.245

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on December
23, 2003.246

• Initial water quality standards were approved by EPA on September 29, 2006.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on
December 23, 2003.

Statements of cultural or spiritual significance of wetlands

• "Ceremonial and spiritual water use" means activities involving Native American
spiritual and cultural practices that may involve primary and secondary contact with
water as well as consumption of water. This shall include uses of a water body to
fulfill cultural, traditional, spiritual, or religious needs of the Makah Indian Tribe, as
approved by the Makah Tribal Council.247

. .. Menon

Definition of "navigable waters"

• "Navigable waters" means waters with beds and banks and sufficiently deep and wide
for navigation with a canoe or other small craft. Navigable waters of the United States
are those waters that are subject to the ebb and flow of the tide and/or are presently
used, or have been used in the past, or may be susceptible for use to transport tribal,
interstate or foreign commerce or other intermittent waterways that may be deemed
by the Director to fulfill purposes of navigation. A determination of navigability, once
made, applies laterally over the entire surface of the water body and is not

243 id.

244 id.

245 id.

246 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-makah-indian-nation.

247 Makah Tribe Water Quality Standards for Surface Water, Part I, Section 2. Available at:
https://www.epa. gov/sites/production/files/2014-12/documents/makah-tribe-wq s.pdf.

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extinguished by other actions or events which impede or destroy the navigable
capacity.

Definition of "waters of the Reservation"

•	"Waters of the reservation" mean such accumulations of water, surface and
underground, natural and artificial, public and private, or parts thereof, which are
wholly or partially within, flow through, or border upon the Menominee Reservation,
but the term does not include any private or municipal pond, or any pond, reservoir or
facility built for reduction or control of pollution or cooling of water prior to
discharge unless the discharge therefrom causes or threatens to cause water
pollution.249

Definition of "wetlands"

•	"Wetlands" means areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated (hydric) soil conditions. Wetlands generally include, but are not limited to,
swamps, marshes, bogs, and similar areas.250

Other Definitions

•	"Discharge of a pollutant" means any addition of any pollutant or combination of
pollutants to waters of the Menominee Indian Tribe of Wisconsin from any point
source. This definition includes additions of pollutants into waters of the Menominee
Indian Tribe of Wisconsin from surface runoff which is collected or channelled [sic]
by man; discharges through pipes, sewers, or other conveyances owned by a state,
municipality, or other person which do not lead to a treatment works; and discharges
through pipes, sewers, or other conveyances leading into privately owned treatment
works..251

•	"OMRW" means outstanding Menominee resource water; see Article VI.252

•	"ONRW" means outstanding national resource water; see Article VI.253

•	"Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, all
radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt,
nutrients, toxic substances, pesticides, and industrial, municipal, and agricultural
waste (and their components and breakdown products) discharged into water or
entering through other means.254

•	"Unauthorized discharge of substances" means chemicals, toxic substances,
hazardous substances or wastes, components of industrial discharge(s), heavy metals,
organic compounds, pesticides, discharge(s), loadings, or other pollutants that enter

248	Menominee Indian Tribe of Wisconsin Tribal Code, Part II General Legislation, Chapter 512 Surface Water, Article I, Section
512-5. Available at: https://www.ecode360.com/12096674.

249	Id.

2S0Id.

251	Id.

252	Id.

253	Id.

254	Id.

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ONRW or affect OMRW designated waters of the Reservation without prior issuance
of a tribal water permit.255

402-like and 404-like Ordinance

•	All activities that affect water quality, water quantity, and uses of waters of the
Reservation shall be regulated by the Tribe. This chapter prohibits unauthorized
discharges of substances to waters and wetlands of the Menominee Indian
Reservation and regulates water quality, water quantity, and activities that affect
water quality, water quantity, and uses of waters of the Reservation.256

•	Activities that require a tribal water permit include but are not limited to the
following:

(1)	New or increased discharges to waters that will affect OMRW designated waters
of the Reservation.

(2)	Existing discharges that enter ONRW designated waters of the Reservation.

(3)	New or existing hydrological modifications that affect waters of the Reservation;
this shall include dams, impoundments, and other structures that affect water
quality criteria and/or affect the nature of the waters so as to prohibit the natural
spawning runs and other migrational patterns of indigenous fish.

(4)	Shoreline disturbance activities that may affect the beds and banks of waters of
the Reservation; these activities include many types of shoreland construction,
e.g., placement of a seawall or riprap for erosion protection and placement of boat
ramps to facilitate the launch or retrieval of watercraft, provided that such boat
ramps are deemed to present a potential significant impact to tribal waters in the
opinion of the Director.

(5)	Stream crossing activities, including skidding trails and bridge and culvert
placement, improvement, or replacement and fill placed in wetlands and water
bodies in conjunction with the improvement or replacement of bridge and culvert
crossings for municipal, township, county, state, tribal, or federal projects. The
replacement of historic bridges must be coordinated with the Tribal Department
of Historic Preservation. In addition, the existing structure must be removed and
the replacement must be constructed on the same or similar alignment with
hydraulic capacity that is consistent with the tribal and federal regulations and
requirements. The placement of fill material into wetlands is authorized for
widening of the road approaches to conform to the width or alignment of the new
structure. All excess material must be placed at an upland location. If the project
involves changing the channel of a river, creek, or stream, then additional
requirements may be applied. These activities also include the installation and
removal of submerged utility line crossings; additionally, the following special
conditions must be met:

(a) Utility lines placed across the channel of an authorized federal navigation
project must be embedded at least six feet below the authorized channel
depth, or to a lesser depth if approved by the Corps of Engineers.

255	id.

256	Id. at Article I, Section 512-1.A.

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(b) Dredged or fill material may be placed as backfill or bedding, regulated by
the Tribe, so long as there is no change in preconstruction bottom
contours. Excess fill must be removed to an upland disposal area.

(c) The utility line must not be placed within 500 feet of a levee or flood wall
constructed and/or maintained with federal funds.

(d) Utility crossings involving pipelines must comply with Federal
Department of Transportation regulations for installation of pipelines.

(e) All utility lines transporting oil, gas, or other pollutive substances must be
equipped with shutoff valves at the upland edge of the water crossing to
prevent unnecessary pollution of waters in the event of pipeline failure.

(6) Placement of fish barrier structures that prevent the upstream and/or downstream
movement of fish, often associated with impoundment structures.

(7) Dredging activities that include the removal, by suction, scooping or scraping
devices, of materials channelward of the ordinary high-water mark from
navigable waters, provided that all dredged materials are placed on an upland site,
not a wetland, and above the ordinary high-water mark.

(8) Placement of new and existing dry fire hydrants that include an intake structure
and pipe in or on the bed and banks of water bodies for the purpose of
constructing a dry fire hydrant to supply water for firefighting purposes.

(9) Withdrawal of water from (surface) waters of the Reservation. Persons who want
to withdraw surface waters from waters of the Reservation shall be restricted to
quantity limitations and must obtain a tribal water permit from the Tribe.
Typically, persons wishing to withdraw surface water from waters of the
Reservation will submit a permit application to the Tribe and shall be limited to
the following minimum requirements if a permit is issued:

(a) Withdrawal of 25,000 gallons or less of surface water per day from rivers
and 1,000 gallons or less per day from lakes (note: withdrawal of water for
emergency fire situations is exempt from these requirements).

(b) Withdrawal of surface water by persons shall not adversely affect the
quantity of surface water available to any other person, facility, practice or
activity. The Department will evaluate each withdrawal for appropriate
flows based on existing or acquired flow data. Based on each evaluation,
including applications in excess of the above limits, a percentage of the
total flow may be permitted to be withdrawn but shall not cause a
violation of the use designations or water quality standards of this chapter.
Surface water extraction which results in the latter person, facility,
practice or activity not being able to obtain sufficient surface water shall
constitute adverse effect.

(c) Withdrawal of surface water by persons, facilities, practices, or activities
shall not cause a violation of the use designations or water quality
standards of this chapter.

(d) Persons who propose to withdraw surface water shall submit a feasibility
report to the Tribe which documents the quantity of surface water intended
to be extracted per day and other relevant narrative and plan drawing
information. No facility, practice or activity shall be undertaken until

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approval of a feasibility report is obtained from the Tribe and a tribal
water permit is issued.

(10) Dredging and filling of wetlands that affect waters of the Reservation.

(11) The application of pesticides within 200 feet of waters of the Reservation.

Note: Certain activities listed in Subsection C(l) to (11) may require additional
permits and/or certification. Such additional permits and certifications shall be
obtained by the applicant prior to issuance of a tribal water permit.257

Statements of cultural or spiritual significance of wetlands and water resources

• Ceremonial, religious and spiritual use is a designated use under the tribe's water
quality standards: All waters of the Reservation are used for ceremonial and spiritual
purposes by tribal members (and descendants). The Tribe holds water sacred, and our
historic past epitomizes this statement. The original five clans of the Menominee,
consisting of the Bear, Eagle, Wolf, Crane, and Moose, depended on water to sustain
life and used water to perform their ceremonial responsibilities. Additional historic
and modern ceremonial uses of water include, but are not limited to, uses in the
annual Sturgeon Ceremony, wild rice harvest, and the harvesting of medicinal plants
from waters of the Reservation. Traditional religious use of water in Big Drum
Ceremonies, the sweat lodge, and other ceremonies is (still) practiced today. These
uses may involve, among other things, primary direct contact, drinking and inhalation
of water. Recognizing the ceremonial and traditional use of water and its life-giving
properties is important for the spiritual significance of the Menominee people.258

• Cultural use is a designated use under the tribe's water quality standards: All waters
of the Reservation, and aquatic natural resources, are designated for historic,
traditional, and cultural uses. Cultural water uses encompass all ethnohydrological
uses of water associated with unique Menominee ways of life. These uses include, but
are not limited to, the ethnobotanical harvest and medicinal use of numerous plants
associated with aquatic, wetland, and riparian habitats, as well as basic
socioeconomic uses of waters of the Reservation for sustenance. Aquatic plants that
grow in waters of the Reservation are vital to continuation of Menominee culture
through the use of those plants for medicinal purposes by Menominee people.

o All living things on the Menominee Reservation in some way use the waters
of the Reservation to sustain life. People, animals, birds, plants, trees, and
insects use water and have their place in Menominee culture,
o Waters of the Reservation shall be maintained and protected in such an

ecological condition that will allow (traditional) Menominee educational uses
associated with waters of the Reservation to continue perpetually,
o Cultural educational uses shall include, but not be limited to,

ethnohydrological learning experiences that are passed from one generation to
the next regarding the harvest of plants and animals. Culturally, to the
Menominee people, waters of the Reservation are as significant as the forest
ecosystem and will continue to be regarded with the same deference. The
Tribe protects the forest ecosystem with sustained yield forestry management
practices; this same (everlasting) treatment shall be afforded waters of the
Reservation, for it is the very essence of sustaining life which is critical to

257 Id. at Article II, Section 512-32.C (citations omitted). Available at: https://www.ecode360.com/12096785.

258 Id. at Article II, Section 512-7.C.

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maintaining the culture of the Menominee people. Cultural uses are very
significant to the Tribe, indigenous forest-dwelling people that have for more
than five millennia relied upon the water in the Tribe's historic range to
sustain unique Menominee ways of life.259

¥¥¥¥. Mieeosukj Indians

Definition of "waters of the tribe"

• "Tribal Reservation Surface Waters" means all waters within the exterior boundaries
of the Miccosukee Tribe's Federal Reservation and Miccosukee Reserved Area,
including water situated wholly or partly within, or bordering upon Tribal
Reservation Lands and the Miccosukee Reserved Area, whether public, private, or
Federally protected lands, e.g., National Parks or Preserves.260

Definition of "wetlands"

• "Wetlands" means those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that are under
normal circumstances do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas.261

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on December
20, 1994.

• The tribe's initial water quality standards were approved on May 25, 1999, with
additional standards approved for the Miccosukee Reserve Area on March 15,
2001.262

• A second supplemental application is under review; notice issued April 12, 2019.

401 Certification

• Found eligible to administer a water quality standards program (TAS) on December
20, 1994.

WWWW. Mol s • " t

311-like Ordinance

• The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid
out here in full, all the substantive provisions of the United States Federal Water
Pollution Control Act, Clean Water Act, Oil Pollution Control Act which are in effect

259 Id. at Article II, Section 512-7.D.

260 Miccosukee Environmental Protection Code Subtitle B, Water Quality Standards for Surface Waters of the Miccosukee Tribe
of Indians, Section l.B. Available at: https://www.epa.gov/sites/production/files/2014-12/documents/miccosukee.pdf.

261 Id.

262 https://www.epa.gov/was-tech/water-qualitv-standards-regulations-miccosukee-tribe-indians-florida.

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for existing sources, operations and new construction projects on the Mohegan Indian
Reservation.263

•	The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid
out here in full, the applicable sections of the following substantive federal
regulations as Mohegan tribal regulations: (1) 40 CFR 110 Discharge of Oil; (2)

40 CFR 112 Oil Pollution Prevention; (3) 40 CFR 116 Designation of Hazardous
Substances; (4) 40 CFR 117 Determination of Reportable Quantities for Hazardous
Substances. 264

402-like Ordinance

•	The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid
out here in full, all the substantive provisions of the United States Federal Water
Pollution Control Act, Clean Water Act, Oil Pollution Control Act which are in effect
for existing sources, operations and new construction projects on the Mohegan Indian
Reservation.265

•	The Tribe adopts and incorporates by reference, as if laid out here in full, the
applicable sections of the following substantive federal regulations as Mohegan tribal
regulations: (5) 40 CFR 122 EPA Administered Permit Programs: The National
Pollutant Discharge Elimination System; (6) 40 CFR 123 State Programs; (7) 40 CFR
125 Criteria and standards for the national pollutant discharge elimination system.266

•	The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid
out here in full, all the substantive provisions listed below of the State of Connecticut
Department of Environmental Protection (CTDEP) Water Regulations as the
Mohegan Environmental Protection Department (MEPD) Water Regulations
governing environmental protection within the Mohegan Indian Reservation as
Mohegan tribal regulations. (2) Delegation of Permitting Authority for Water
Pollution Control and Exemption from Public Notice 22a-430-l through 2; (3)
General Conditions Applicable to Water Discharge Permits and Procedures and
Criteria for Issuing Water Discharge Permits 22a-430-3 through 4.

404-like Ordinance

•	The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid
out here in full, all the substantive provisions of the United States Federal Water
Pollution Control Act, Clean Water Act, Oil Pollution Control Act which are in effect
for existing sources, operations and new construction projects on the Mohegan Indian
Reservation.267

•	The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid
out here in full, the applicable sections of the following substantive federal

263	Mohegan Tribe of Indians Code, Part II, Chapter 5, Article X Environmental Protection Department, Section 5-211(a) (only
relevant portions cited). Available at:

https://librarv.municode.com/tribes and tribal nations/mohegan tribe/codes/code of laws?nodeId=PTIIMOTRINCO CH5HES
AWE ARTXENPRDE S5-2Q8ESMOENPRCO.

264	Id. at Section 5-211(b) (only relevant portions cited).

265	Id. at Section 5-211(a) (only relevant portions cited).

266	Id. at Section 5-211(b) (only relevant portions cited).

267	Id. at Section 5-211(a), only relevant portions cited.

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regulations as Mohegan tribal regulations: (11) 40 CFR 233 404 State program
regulations.268

•	The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid
out here in full, all the substantive provisions listed below of the State of Connecticut
Department of Environmental Protection (CTDEP) Water Regulations as the
Mohegan Environmental Protection Department (MEPD) Water Regulations
governing environmental protection within the Mohegan Indian Reservation as
Mohegan tribal regulations. (4) Inland Wetlands and Watercourses 22a-39-l through
22a-39-15; (6) Tidal Wetlands 22a-30-l through 22a-30-17.269

Other Novel Protections

•	The Mohegan Tribal Council hereby adopts and incorporates by reference, as if laid
out here in full, all the substantive provisions listed below of the State of Connecticut
Department of Environmental Protection (CTDEP) Water Regulations as the
Mohegan Environmental Protection Department (MEPD) Water Regulations
governing environmental protection within the Mohegan Indian Reservation as
Mohegan tribal regulations. (1) Aquifer Protection Area Land Use Regulations 22a-
354i-l through 10;(5) Sewage System Additives and Detergents 22a-462-l through 3;
(7) Water Diversion 22a-372-l, 22a-377(b)-l, 22a-377(c)-l, 22a-377(c)-2.270
Subsection (h) directs the more stringent or specific requirements to apply in the case
of conflict. Subsection (j) notes that the Mohegan Tribe's Water Law and Regulations
automatically update to match the most recent federal and state271 law and
regulations.

XXXX. Moi	sion Indians

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on April 3,
2018.272

•	Initial water quality standards have not yet been approved by EPA.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on April 3,
2018.

YYYY. Navajo Nation

Definition of "navigable waters"

• "Navigable waters" means waters of the Navajo Nation.273

Definition of "waters of the Nation"

268	Id. at Section 5-211(b), only relevant portions cited.

269	Id. at Section 5-211(d), only relevant portions cited.

270	Id. at Section 5-211(d), only relevant portions cited.

271	Id. at Section 5-211(h) and (j).

272	https://www.epa.gov/wqs-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

273	Navajo Nation Code, Title 4 Environmental Protection, Navajo Clean Water Act Section 102(a)(21). Available at:
http://www.navaiopublicwater.org/NNCleanWaterAct.pdf.

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•	"Waters of the Navajo Nation" means all surface waters, including but not limited to
portions of rivers, streams (including perennial, intermittent and ephemeral streams
and their tributaries), lakes, ponds, dry washes, marshes, waterways, wetlands,
mudflats, sandflats, sloughs, prairie potholes, wet meadows, playa lakes,
impoundments, riparian areas, springs, and all other bodies or accumulations of
water, surface, natural or artificial, public or private, including those dry during part
of the year, that are within or border the Navajo Nation. This definition shall be
interpreted as broadly as possible to include all waters that are currently used, were
used in the past, or may be susceptible to use in interstate, intertribal, or foreign
commerce. Consistent with federal requirements, the Director may exclude from
waters of the Navajo Nation certain waste treatment systems.274

Definition of "wetlands"

•	"Wetlands" means those areas that are inundated or saturated by surface water or
groundwater at a frequency and duration to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas.275

Other Definitions

•	"Discharge of pollutant(s)" means any addition of any pollutant to navigable waters
from any point source.276

•	"Waste" or "pollutant" means dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials (except those regulated under the Atomic Energy Act
of 1954, as amended), heat, wrecked or discarded equipment, rock, sand, cellar dirt,
and industrial, municipal, and agricultural waste discharged into water. This term
does not mean (A) "sewage from vessels" within the meaning of section 312 of the
Clean Water Act; or (B) water, gas, or other material which is injected into a well to
facilitate production of oil or gas, or water derived in association with oil or gas
production and disposed of in a well, if the well used either to facilitate production or
for disposal purposes is approved by authority of the Navajo Nation, and the Navajo
Nation determines that "Pollutant" means dredged spoil, solid waste, incinerator
residue, filter backwash, sewage, garbage, sewerage sludge, munitions, chemical
wastes, biological materials, radioactive materials (except those regulated under the
Atomic Energy Act of 1954 as amended (42 U.S.C 2011 et. seq.,) heat, wrecked or
discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural
waste discharged into the waters of the Reservation, including discharges of storm
water that result in deleterious alterations of the hydrology and morphology of waters
of the Reservation.277

274	Id. at Section 102(a)(43).

275	Id. at Section 102(a)(44).

276	Id. at Section 102(a)(9).

277	Id. at Section409.3-l(k).

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402-like Ordinance

• The Department may issue general orders applicable throughout the Reservation for
the construction, installation, use and operation of practicable and available systems,
methods and means for preventing and abating pollution of the waters of the Oneida
Reservation. Such general orders and rules shall be issued only after an opportunity to
be heard thereon has been afforded to interested parties by means of a public hearing.
The Department shall, when appropriate, consult with other tribal departments and
entities having particular expertise in the subject matter of the order.278

• The Department may enter into agreements with the responsible authorities of the
state or any of its political subdivisions, subject to approval by the Board and the
Oneida Business Committee, relative to methods, means and measures to be
employed to control pollution of any inter-jurisdiction streams and other waters and
to carry out such agreement by appropriate general and special orders. This power
shall not be deemed to extend to the modification of any agreement with the state or
any political subdivision thereof concluded by direct legislative act of the Oneida
Business Committee or the Oneida General Tribal Council.279

• (a) The Department shall require that all persons discharging any substance to waters
of the Reservation requiring a permit under the Federal Water Pollution Control Act,
33 U.S.C. 1251, et seq., report the manner used, amount used, and amount discharged
to the waters of the Reservation for each substance. The Department may verify
reports received by field monitoring of any discharge, (b) The Department may
establish minimum effluent volumes for which reports are required under this
Section, (c) Wastewater Discharge Environmental Fee: Beginning in 1997, there is
established a Wastewater Discharge Environmental Fee. This fee shall be paid by
each person required by Section 409.6-1 to report a discharge. In 1997, the fee under
this Section shall be based on an administrative fee.. .plus an additional fee, to be set
by the Department by rule and to be based on the concentration or quantity or both of
pollutants discharged, (d) Violators of the reporting requirement established under
Section 409.6-1 shall forfeit not less than $100 nor more than $5,000 for each
offense. Each day of continued violation is a separate offense.280

Other Novel Protections

• Land Use Permit. The purpose of a land use permit is to ensure that the proposed
disturbance of the land is compliant with applicable law. (a) A land use permit is
required before: (1) Any structure, other than a building, is erected, moved, or
structurally altered. (2) A restoration project is initiated. This includes wetland
restoration and stream bank enhancement. (3) Best management practices are
implemented. (4) Any land is disturbed. This does not include: (A) Cropping or
planting trees or vegetation. (B) Habitat enhancement activities, such as invasive
species control and wildlife plantings. (C) Maintenance of a structure or land use that
has been approved pursuant to a previously issued land use permit, (b) Standards
Attached to Permits. In granting a land use permit for filling, grading, lagooning,
dredging, or excavating, the following considerations shall be addressed and

278 Id. at Section 409.4-4.

279 Id. at Section 409.4-7.

280 Id. at 409.6-1.

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standards shall be attached to the permit where applicable... (5) Fill materials shall not
restrict floodway or appreciably reduce the storage capacity of the floodplain. (6)
Sides of a channel or artificial waterway shall be stabilized to prevent slumping. (7)
Sides of a channel or artificial waterway shall be constructed with horizontal to
vertical side slopes of 3:1 or flatter in sand or gravel, 1:1 or flatter in organic soils,
and 2:1 or flatter in other soils, unless bulkheads or riprapping are provided. 281

• The Department may order or cause the abatement of pollution of waters of the
Reservation which the Department has determined to be significant and caused by a
nonpoint source, as defined in Section 409.3-7, including pollution which causes the
violation of a water quality standard, pollution which generally impairs the aquatic
habitat or organisms, pollution which restricts navigation due to sedimentation,
pollution which is deleterious to human health, pollution which interferes with
cultural or religious uses of waters of the Reservation, or pollution which otherwise
significantly impairs water quality. Any and all orders of the Department issued under
this Section shall be consistent with the goals and objectives of the Duck-Apple-
Ashwaubenon Creeks Priority Watershed Project or such other priority watershed
projects as may be designated under Section 409.4-11. Participation by a person in a
designated priority watershed project and the compliance by that person with any and
all criteria established by said priority watershed project shall entitle the person to a
rebuttable presumption of compliance with the requirements of this Section (emphasis
added).282

• Non-Point Source Pollution. Erosion, sedimentation, or any non-point source
pollution during and after any land disturbance shall not exceed that which would
occur if the land was left in its undisturbed state and/or was controlled in accordance
with the practices established in this section, (a) Practices to control non-point source
pollution are expressed in terms of performance and include the following:283

• Protected Area District Overlay (E-l). The purposes of the Protected Area District
Overlay are to preserve ecological relationships, natural resources, and aesthetic,
cultural and historical values; and to protect the health and integrity of wetlands,
watersheds, natural systems, environmental corridors, capacities of floodways and
drainages, and other areas of significance, such as historical and cultural sites.
Permitted uses in the Protected Area District Overlay of the Reservation shall be
planned and managed in a manner to minimize, insofar as practicable, any resultant
damage to the ecology, environment and capacities of natural systems; and the long
term health and preservation of cultural historical resources of the Reservation.

o This district overlay shall extend over: (1) All navigable waters, drainage
ways, shoreland areas and floodplains. (2) Habitats of endangered or
threatened species as defined by federal or state law. (3) Historical, cultural or
archeological resources, as defined by Tribal law.
o Permitted Uses. (1) Any use permitted within the Conservancy District,
o Conditional Uses. (1) Any activity within a shoreland area, other than a
permitted use. (2) Non-structural industrial or commercial uses such as
loading areas, parking areas, and airport landing strips. (3) Private and public

281 Id. at Section 605.10-1 (only relevant portions cited).

282 Id. at 409.4-12.

283 Id. at 605.12-1.

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uses such as: golf courses, tennis courts, driving ranges, archery ranges, game
farms, fish hatcheries, shooting preserves, target, trap and skeet ranges, hiking
trails, bridle trails and bike paths. (4) Residential uses such as: lawns, gardens,
parking areas, and play areas. (5) Uses or structures accessory to open space.
(6) Uses or structures accessory to permitted uses. (7) Sewage treatment
plants. (8) Ponds, if in the floodplain. (9) Additional uses as approved by the
Land Commission

o Prohibited Uses. Every use not listed above is a prohibited use, except as may

be approved by the Land Commission as a conditional use.
o Standards.

(1)	Setbacks. (A) All structures, except structures which have a function
which makes it necessary for an on or near water location (e.g.,
boathouses and bridges) or are otherwise regulated within this law,
shall be at least seventy-five (75) feet from the ordinary high-water
mark of navigable waters or a drainage way. (B) On-site sewage
disposal systems shall be at least fifty (50) feet from the ordinary high-
water mark of navigable waters or a drainage way. (C) Setbacks for
pastures and agricultural uses, such as cultivating, cropping, fertilizing
and applying pesticides: thirty-five (35) feet from the ordinary high-
water mark. (D) Setbacks for feedlots and barnyards: one hundred
(100) feet from the ordinary high-water mark. (E) Setbacks for waste
disposal or the storage of scrap materials, byproducts, raw materials,
or marginal products such as fill material, pulp wood, sand and gravel:
one hundred (100) feet from the ordinary high-water mark.

(2)	All roads, bridges and railroads shall only cross navigable waters or
drainage ways upon issuance of a permit. All such construction shall
minimize the area affected and vegetation and environmental damage
(e.g., siltation, destruction of natural vegetation, degradation of
aesthetics) to navigable waters and drainage ways and the lands
adjacent to them. All waterway crossings shall minimize obstruction to
water flow. Roads, bridges and railroads: (A) Shall have adequate
flood proofing measures provided to a height at or above the flood
protection elevation. (B) Shall be constructed to minimize any increase
in the one hundred year flood elevation. No increase in the one
hundred year flood elevation shall exceed one-tenth (0.1) of a foot.
Also, no increase in the one hundred year flood elevation shall be
allowed unless appropriate arrangements are made with all affected
parties.

(3)	Removal of shorecover shall be conducted in accordance with any
applicable Tribal law.

(4)	The following non-conforming uses which were in existence at the
time of the original adoption of this law shall conform to the
provisions of this law within three (3) years following the date each
case is recorded as a non-conforming use: (A) Setbacks for pastures.
(B) Setbacks for any agricultural uses. (C) Setbacks for feedlots and

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barnyards. (D) Setbacks for waste disposal or the storage of other
materials, as covered in 605.8-3(e)(1)(E).

(5) Floodplains. No structure, fill, deposit, obstruction, or other use may
be allowed in the floodplain which, acting alone or in combination
with existing or future uses, unduly affects the capacity of the
floodway, unduly increases flood heights, or unduly diminishes the
storage capacity of the floodplain. (A) Structures in a floodplain: .. .(ii)
Shall have a low flood damage potential, (iii) Shall be constructed and
placed on the building site so as to offer minimum obstruction to the
flow of flood waters. Wherever possible, structures shall be
constructed with the longitudinal axis parallel to the direction of flow
of flood waters and will be placed with their longitudinal axes
approximately on the same line as those of adjoining structures, (iv)
Shall be firmly anchored to prevent them from being washed away by
flood waters, (v) Shall have all service facilities such as electrical and
heating equipment at or above the flood protection elevation. (B)
Compliance with this law shall not be grounds for the removal of lands
from the floodplain unless such lands are filled to a height of at least
two (2) feet above the elevation of the one hundred year flood for the
particular area and are contiguous to other lands lying outside the
floodplain. (C) Fill or deposition of materials: (i) Shall be protected
against erosion by riprap, vegetation cover, sheet piling, or a bulkhead
(ii) Shall have some beneficial purpose and no more than is necessary
to achieve that purpose shall be deposited, a plan shall be submitted by
the owner showing the uses to which the filled land will be put and the
final dimensions of the proposed fill. (D) All construction and
substantial improvements to utilities, sewage disposal systems, and
wells shall be flood proofed at or above the flood protection
elevation... (F) Existing Structures in the Floodplain. No
modifications or additions shall be allowed to any existing structures
which are not in compliance with permitted floodplain standards or
uses, unless such modifications or additions meet all of the following
criteria: (i) The modifications or additions to structures shall not
increase the amount of obstruction to flood flows, (ii) Any addition to
a structure shall be flood proofed, by means other than the use of fill,
to at or above the flood protection elevation... (iv) Flood Proofing.
Flood proofing measures shall be designed consistent with an
elevation at or above the flood protection elevation to withstand flood
velocities, forces, and other factors associated with flooding. All flood
proofing shall provide anchorage to resist flotation and lateral
movement.

* Id. at 605.8-3 (only relevant portions cited).

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Pal a Band of Missis s

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on April 19,
2016.285

• Initial water quality standards have not yet been approved by EPA.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on April 19,
2016.

Pavt " mm

Definition of "waters of the Nation"

• "Waters of the Pawnee Nation (Nation)" means all streams, lakes, ponds, marshes,
navigable and non-navigable watercourses and waterways, wells, springs, irrigation
systems, drainage systems, storm sewers, wetlands as defined by the Nation, and all
other bodies or accumulations of water including surface and underground, natural or
artificial, public or private, which are contained within, flow through, or border upon
the jurisdiction of the Pawnee Nation, including but not limited to the Pawnee Nation
Reservation as established by the Act of April 10, 1876, or any portion thereof.286

• "Pawnee water" means all the waters, surface and ground, supplying, arising upon,
occurring within, flowing through, and bordering upon, the boundaries of the Pawnee
Reservation as established in 1876.287

of "wetlands"

"Wetland" means any area that is inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.288

Other Definitions

• "Discharge" includes but is not limited to a discharge of a pollutant, and means any
addition of any pollutant to waters within or affecting the Nation's jurisdiction from

OOQ

any point source.

• "Discharge of a pollutant" or "discharge" means any addition of a pollutant or
combination of pollutants to Pawnee waters from any point source.290

• "Point source" means any discernible, confined and discrete conveyance or outlet
including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure container, rolling stock or vessel or other floating craft from which pollutants
are or may be discharged into waters within the Nation's jurisdiction. The term "point

285 https://www.epa.gov/was-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

286 Pawnee Nation of Oklahoma Law and Order Code, Title XII Natural Resource Protection Act, Section 007(aa). Available at:
https://www.pawneenation.org/files/documents/Title-XII.pdf.

287 Id. at Section 402(r).

288 Id. at section 502.

289 Id. at Section 007(e).

290 Id. at Section 402(j).

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source" shall not include agricultural storm water discharge and return flows from
irrigated agriculture.291

•	"Point source" means any discernible, confined, and discrete conveyance, including
any pipe, ditch, channel, tunnel, conduit, container, casing, dam gate or spillway,
well, discrete fissure, container, rolling stock, or vessel or other floating craft,
confined animal feeding operations and landfill leachate collection systems,
petroleum production lease lines or underground injection system lines from which
pollutants are or may be discharged.292

•	"Pollutant" includes but is not limited to dredged soil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand,
cellar dirt and industrial, municipal, and agribusiness waste.293

•	"Pollution" or "pollutant" means any contamination or alteration of the physical,
chemical, or biological properties of any waters that will render the waters harmful or
detrimental to: (1) Public health, safety, or welfare (2) Domestic, commercial,
industrial, agricultural, recreational, or other legitimate beneficial uses (3) Livestock,
wild animals, or birds (4) Fish or other aquatic life.294

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on November
4, 2004.295

•	Initial water quality standards have not been approved by EPA.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on
November 4, 2004.

402-like and 404-like Ordinance

•	This Chapter asserts the authority of the Pawnee Nation to implement the goals and
policies of the Nation to: (3) Utilize area-wide planning and management to control
sewage and other discharges; (11) Prohibit the discharge of toxic pollutants in toxic
amounts and, to the extent practicable eliminate, or effectively control, the discharge
of pollutants from any source; (12) Require environmental review of proposed
activities which may cause individual or cumulative adverse impacts to water quality,
natural resources, public health, lands, recreation, cultural or historical values, air,
quality of life, or other aspects of the Nation's environment; (13) Require projects to
be modified to avoid adverse impacts if possible, to minimize unavoidable impacts,
and provide full mitigation for unavoidable impacts; (14) Prohibit or regulate
activities which may cause or contribute to a violation of this Chapter and applicable
water quality standards, or a violation of federal law.296

291	Id. at Section 007(r).

292	Id. at Section 402(u).

293	Id. at Section 007(s).

294	Id. at Section 402(v).

295	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pawnee-nation.

296	Pawnee Nation of Oklahoma Law and Order Code, Title XII Natural Resource Protection Act, Section 401(d) (only relevant
portions cited).

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•	Authority of the Department of Environmental Conservation and Safety. The DECS
shall have the authority and the responsibility of the following: (1) Carry out the
implementation and enforcement provisions of this Chapter, including enforcement of
civil penalty provisions, criminal prosecution of violators and such other
administrative and judicial relief as may be appropriate; (2) Administer waste
discharge permit system as provided in this Chapter; (3) Monitor waste discharges
and the water resources of the Pawnee Nation; (5) To enter and inspect at any time
and in any manner any open property, premise, or place for the purpose of
investigating any activity causing, threatening or allowing water pollution, or
ascertaining compliance or noncompliance with any rule or order promulgated under
this Chapter. Such entry is also authorized in regulated businesses for the purpose of
inspecting and copying records required to be kept concerning any effluent source;
(14) To issue, modify, or revoke permits pursuant to this Chapter, and to grant or
deny variances; (16) Require or conduct monitoring and testing of waters and
discharges, and the submission of reports or laboratory analyses performed by
laboratories or operators; (17) Require the submission of plans, specifications and
other data in connection with the issuance of permits or certifications required
pursuant to this article.297

•	Authority of the Environmental Regulatory Commission The Commission shall have
the Authority and Responsibility pursuant to this act to: (2) Require the submission of
plans, specifications and other data in connection with the issuance of regulatory
permits required pursuant to this law; Issue, continue in effect, revoke, amend,
modify, condition, deny, renew, or refuse to renew permits, licenses, water quality
certifications and other authorizations as issued by the commission; (3) Establish a
schedule of fees for permits, studies, laboratory services or technical assistance and
for recovering copy and other costs in response to open records requests; (4) Issue,
modify, or revoke orders requiring the construction of new disposal or treatment
systems or the modification or extension of existing systems, or the adoption of other
remedial measures to prevent, control or abate pollution.298

•	Water Pollution Control: The DECS shall develop comprehensive programs for
preventing, reducing, or eliminating the pollution of the waters and ground waters of
the Nation. DECS shall make reasonable efforts to cooperate with neighboring
jurisdictions and persons that are affected by the programs. In the development of
such programs due regard shall be given to the improvements which are necessary to
conserve such waters for the protection and propagation of fish and aquatic life and
wildlife, recreational purposes, and the withdrawal of such waters for public water
supply, agricultural, industrial, and other purposes. Programs may include Dredge or
Filled Material (CWA 404 Permits), National Permit Discharge Elimination System
(CWA 402 Permits), joint NPDES Permitting, or Tribal Certification of Federal
Permits and Licenses. The Director is authorized to initiate or make joint
investigations with any such agencies of the condition of any waters in any state or
Tribe affecting the waters of the Nation, and of the discharges of any sewage,

297	Id. at Section 403(b) (only relevant portions cited).

298	Id. at Section 403(c) (only relevant portions cited).

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industrial wastes, or any substance derived from point source or non point source
pollutants which may adversely affect such waters.299

•	Unlawful Acts-Penalties, (a) Unlawful acts: The following unlawful acts are each a
crime and subject to enforcement provisions of this Law and other laws of the
Pawnee Nation, unless the proper entity has first obtained a permit or written
authorization from the Pawnee Nation as authorized under this Law: (1) It is unlawful
for any person to divert, withdraw, or otherwise make any use of, or take any action
of what ever kind substantially affecting, the waters of the Pawnee Nation unless
authorized to do so pursuant to the provision of this law; (2) It is unlawful to for any
person to cause pollution to be introduced into any waters within Pawnee Indian
Country or to place or cause to be placed any contaminant or waste in a location upon
the lands where they are likely to cause pollution of any water within Pawnee Indian
Country; (3) It is unlawful to violate any provision set forth in any permit or
certification issued within Pawnee Indian Country; (7) It is unlawful to construct,
modify, or operate any pollution disposal system within Pawnee Indian Country
without having a current permit authorizing such activity; (8) It is unlawful to
construct or use without permit any outlet for the discharge of sewage, industrial
waste, petroleum waste, brine water, or any other pollutant or wastes onto the lands or
into any waters within Pawnee Indian Country; (9) It is unlawful to construct, use, or
operate any outlet used for draining secondary containment of spilled product or
contaminated storm water in a manner which is not permitted or otherwise authorized
under 40 CFR Part 112 and the laws and regulations of the Pawnee nation; (10) It is
unlawful to conduct dredge and fill activities in or adjacent to waters of the Nation or
violate any permit provision or condition thereof. (11) It is unlawful to land apply or
dispose of any waste, waste water, or sludge without permit; (14) It is unlawful to
discharge any pollutant on to the land or into Pawnee waters without having first
obtained a permit from the Pawnee Nation or USEPA for such discharge. Neither a
permit issued pursuant to this Chapter nor an application therefore creates or
recognizes a right in the permit holder or applicant to use Pawnee waters for
beneficial purposes or any other property right or interest.300

•	Except as otherwise provided in subsection (b) of this section, any point source
discharge into waters of the Nation, or in a place likely to reach waters of the Nation,
by or from any facility, activity, source or entity regulated by the Pawnee Nation,
shall be unlawful unless a permit has first been obtained from the Pawnee Nation.301

•	Pollution Control: A. No person shall cause pollution of, or discharge pollutants upon
the lands or into the waters of the Pawnee Nation. B. No person shall cause violation
of any provision(s) and/or criteria of water quality standards (in part or otherwise) as
contained in the Pawnee Nation Water Quality Standards. C. No person shall
discharge or attempt discharge of other waters (wastewater or otherwise) without
authorization of the DECS or other duly authorized authority as provided by the

299	Id. at Section 404. See also Chapter 9 "Pollutant Discharges" for more on permitting (Section 902).

300	Id. at Section 408 (only relevant portions cited).

301	Id. at Section 905(a). See also the second Section 905 for un-authorized discharge offense.

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Pawnee Nation Natural Resource Protection Act (Title XII, Pawnee Nation Law and
Order Code).302

Other Novel Protections

•	The Nation has Wetland Water Quality Standard with numeric and narrative criteria.
Further the standard states: (c.) Point and nonpoint sources of pollution shall not
cause destruction or impairment of wetlands except where authorized under section
404 of the CWA. (d.) Wetlands shall not be used as repositories or treatment systems
for wastes from human sources, except as specified by number (e), below, (e.)
Wetlands intentionally created from non-wetland sites for the sole purpose of
wastewater or storm-water treatment (constructed wetlands) are not considered
"waters of the Nation" and are not subject to the provisions of this section.303

•	Title XII, Chapter 6 is on Aquatic Buffers: It is the desire of the Pawnee Nation to
protect and maintain the native vegetation in riparian and wetland areas by
implementing specifications for the establishment, protection, and maintenance of
vegetation along all stream systems or coastal zones within its jurisdictional authority.
Buffers adjacent to stream systems and coastal areas provide numerous environmental
protection and resource management benefits...

•	Title XII, Chapter Twelve is "Oil Pollution Control"

•	The Pawnee Nation of Oklahoma also offers permits for oil and gas exploration. See
TITLE XIII, Energy Resource Protection Act

Definition of "waters of the tribe"

•	"Waters within the Tribes exterior boundaries" or "Tribal waters" means any water,
surface or underground, contained within, flowing through or bordering upon the
Tribes territory or any portion thereof."304

Other Novel Protections

•	Solid Waste Disposal Ordinance: The provisions of this Ordinance shall apply to all
existing and proposed solid waste disposal activities and to all activities which have
the potential to affect cultural, ceremonial, religious, fishery, seasonal residential,
public health, safety, welfare, land, air or water quality and other fundamental
interests of the Tribe, including such activities conducted by non-members of the
Tribe or on privately owned lands. Activities to be regulated hereunder include but
are not limited to:

o	Landfills and open dumps;

o	Storage of animal waste;

o	Automobile graveyards and junkyards;

o	Landfilling of sludge or septic system waste;

302	Id. at Title XI Environmental Conservation and Safety, Section 19.02. Available at:
https://www.pawneenation.org/files/documents/Title-XI.pdf.

303	Id. at Title XII Natural Resource Protection Act, Section 401(c)(8), Section 512.

304	Pit River Tribal Code, Title 15: Natural Resources and Water Code, Chapter 1. Solid Waste Disposal Ordinance (Pit River
Tribal Solid Waste Disposal Ordinance), Section 204(A)(68). Available at: http://pitrivertribe.org/title-15-solid-waste/.

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o Individual, residential, industrial, commercial, or agricultural sewage

treatment facilities; and
o All other activities that involve the storage, collection, transportation, or
disposal of solid and/or hazardous waste within the exterior boundaries of the
Tribe.305

Statements of cultural or spiritual significance of wetlands and water resources

• A stated goal of the Solid Waste Disposal Ordinance is to "protect fundamental Tribal
cultural, ceremonial, religious, residential, agricultural, commercial, industrial, forest,
fishery, wetlands, riparian and environmentally sensitive lands within the exterior
boundaries of the Pit River Tribe; and economic stability of residential."306

CCCCC. Poareli Band 3

Definition of "waters of the Tribe"

• "Waters of the Tribe" include all those waters that satisfy the federal definition of
"Waters of the U.S." that is found in 40 CFR 122.2, and generally include all lakes,
rivers, streams (including intermittent and ephemeral streams), natural wetlands,
sloughs, and ponds located within the exterior boundaries of the reservation.307

of "wetlands"

"Wetlands" means those areas which are defined in 40 C.F.R. Part 232.2, as those
areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and under normal conditions do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.308
"Constructed wetlands" means those wetlands intentionally designed, constructed,
and operated on upland, non-wetland sites for the primary purpose of wastewater or
storm water treatment or environmental remediation. Constructed wetlands are not
considered "Waters of the Tribe."309

Other Definitions

• "Groundwater" means water beneath the surface of the ground whether or not flowing
through known and definite channel.310

• "Permit" means an authorization and license issued under the authority of the
Regulatory Commission regulating certain activities on the Reservation as required
under this Title.311

• "Point source" means any discernable, confined and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,

Definition

305 Id. at Section 202(A).

306 Id. at Section 103(A)(3).

307 Poarch Band of Creeks Tribal Code, Title 26 Environmental Protection, Chapter 4 Water Resource Management, Section 26-
4-2 (1). Available at:

https://librarv.municode.com/tribes and tribal nations/poarch band of creek indians/codes/code of ordinances?nodeId=TIT2
6ENPR.

308 Id. at Section 26-1-2 (t)

309 Id. at Section 26-4-2 (b).

310 Id. at Section 26-1-2 (e).

311 Id. at Section 26-1-2 (h).

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container, rolling stock, or concentrated animal feeding operation from which
pollutants are or may be discharged. This term does not include agricultural storm
water discharges and return flows from irrigated agriculture.

• "Surface Water" means water upon the surface of the earth whether contained in
bounds created naturally or artificially.312

402-like and 404-like Ordinance

• The purpose of the Tribe's Water Resource Management Program is.. .to provide a
legal basis for regulatory pollution controls.313

• Regulatory Controls. For both point and nonpoint sources, any regulatory pollution
controls established by the Tribe or the Federal Government must be developed to
ensure a level of water quality that will satisfy these water quality standards and
support designated use classifications as determined by the Tribe. Regulatory
pollution controls established for point sources shall be consistent with applicable
portions of the Federal Clean Water Act (33 U.S.C. §1251 et seq.).314

• Permitting Under the Water Resource Management Program: Reserved. This Section
will be developed, concurrent with the Tribe's NPDES Program, to provide a
program for permitting of point and non-point sources to protect the waters of the
Tribe,315

Other Novel Protections

• The tribal code establishes the authority for the tribe to have water quality standards
for wetlands: All wetlands on the Reservation which are not constructed wetlands are
considered waters of the Tribe, and shall be subject to narrative criteria and applicable
anti-degradation provisions.316

• Forested lands within the Reservation will be managed to protect Tribal timber,
watershed, wildlife habitat, and recreation resources. The Tribe may from time-to-
time harvest commercially important tree species from forested lands, so long as
BMPs are utilized that will protect wetlands and environmentally sensitive
watersheds, by reducing soil erosion and managing storm water runoff into these
areas. Harvesting of timber resources on Tribal lands will be managed such that no
harmful effects will be realized on adjacent or nearby properties.317

ii Indians

General Provisions

• The tribe has adopted the substantive provisions of Michigan's Natural Resource and
Environmental Protection Act, MCL 324.101 et seq. ("NREPA") as Tribal Law,

312 Id. at Section 26-1-2 (m).

313 Id. at Section 26-4-3 (b).

314 Id. at Section 26-4-3 (b)(2).

315 Id. at Section 26-4-13.

316 Id. at Section 26-4-10.

317 Id. at Section 26-3-11 (a).

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excluding however, all matters governed by the Pokagon Band's Hunting and
Gathering Code and any rules or regulations adopted thereunder.318

Port Gam I

of "waters of the Reservation"

"Surface waters of the Port Gamble S'Klallam Reservation" includes lakes, rivers,
ponds, streams (including intermittent and ephemeral streams), wetlands, and all
other surface waters and water courses, including marine waters, of the Port Gamble
S'Klallam Reservation.319

of "wetlands"

"Wetland" means any area that is inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.320
"Wetlands" or "wetland areas" means lands transitional between terrestrial and
aquatic systems where the water table is usually at or near the surface or the land is
covered by shallow water. Wetlands have one or more of the following attributes: (1)
At least periodically, the land supports predominantly hydrophytes (water loving
plants; those which typically grow in water, whether the water is present year round
or seasonally); (2) the substrate is predominantly hydric (damp or undrained) soil; and
(3) the substrate is non-soil and is saturated with water or covered by shallow water at
some time during the growing season of each year.321

Other Definitions

•	"Permit" means a document issued pursuant to tribal code or federal laws (such as
NPDES, CWA, Section 401; CWA, Section 404) specifying the waste treatment and
control requirements and waste discharge conditions.

•	"Point source" means any discernible, confined and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, sewer, tunnel, conduit, well, discrete
fissure, container, concentrated animal feeding operation, or vessel or other floating
craft, from which pollutants are or may be discharged.

•	"Pollutant" includes dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials (except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C 2011 etseq.), heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal, and agricultural waste discharged into
water. "

303(c) Water Quality Standards

318	Pokagon Band of Potawatomi Indians, Health and Safety Act, Section 2.04. Available at

http://www.pokagon.com/sites/default/files/assets/department/government/fonn/2015/health-and-safetv-act-cuiTent-150126-
2130.pdf.

319	Port Gamble S'Klallam Water Quality Standards for Surface Waters 2. Available at
https://www.epa.gov/sites/production/files/2014-12/documents/port-gamble-tribe-was.pdf.

320	Id.

321	Port Gamble S'Klallam Tribal Code 24.01.02 (h). Available at: https://www.pgst.nsn.us/images/law-and-order/Title-24.pdf.

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EEEEE.

Definition

Definition

-------
•	Found eligible to administer a water quality standards program (TAS) on September
24, 2003.322

•	Initial water quality standards were approved by EPA on September 27, 2007.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on
September 24, 2003.

402-like and 404-like Ordinance

•	Permit Required for Certain Activities: Any person conducting an activity within the
jurisdiction of the Port Gamble S'Klallam Reservation that will or is likely to
significantly impact the environment shall be required to obtain a permit from the
Port Gamble S'Klallam Tribe under this title prior to commencing the activity.
Activities requiring a permit include, but are not limited to, the following: a)
Preparation of a site for the construction of a building or area for purpose of business
use or public use; b) The construction of any structure except single family residences
and construction which expands the square footage of the exterior of an existing
structure by more than 500 square feet; c) New road construction or road widening; d)
Road construction or repair and right of way maintenance that alters a natural
drainage course; e) Construction, installation, or repair of culverts and drainage
ditches; f) Construction of any water related project regardless of the nature or extent
of the construction activity; g) Any docks or other projects of a permanent or semi-
permanent nature which interfere with the normal use of the tidelands or surface of
the waters overlying lands within the Port Gamble S'Klallam Reservation at any state
of water level; h) Dredging; drilling; dumping; filling; removal of any sand, gravel or
minerals; bulk heading; diking; rip rapping; or driving of piling; i) Timber harvesting;
j) Spraying or other application of pesticides and herbicides, except for use by single
family residences; k) Clearing and grading involving the removal of more than 150
cubic yards of soil, sand, or gravel; and 1) Storage, application, disposal, or
incineration of solid waste and/or hazardous materials as those terms are defined
under the Resource Conservation Recovery Act (42 U.S.C. §§ 6903), as it may be
amended.323

Statements of cultural or spiritual significance of water resources

•	General Factors for Evaluation of Environmental Impacts: The determination of
whether an activity will or is likely to significantly impact the environment shall be
made in the context of Port Gamble S'Klallam tribal culture and values. Factors to be
taken into consideration in evaluating an application for a permit and the
environmental checklist for significant impacts on the environment include: d)
Whether the proposed activity may cause loss or destruction of cultural, historical, or
scientific resources; e) Whether the proposed activity may cause loss or destruction of
culturally significant plant materials; f) The degree to which the proposed activity
affects health and safety of the Port Gamble S'Klallam tribal community.324

322	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-port-gamble-sklallam-tribe.

323	Port Gamble S'Klallam Tribal Code 24.01.02.

324	Id. at 24.04.04 (only relevant portions cited).

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• The spirit of S'Klallam people has always been inextricably linked to our land and
continues to be the unifying base for our tribal community.325

• The purposes of these water quality standards are to restore, maintain and protect the
chemical, physical, biological, and cultural integrity of the surface waters of the Port
Gamble S'Klallam Reservation; to promote the health, social welfare, and economic
well-being of the Port Gamble S'Klallam Tribe, its people, and all the residents of the
Port Gamble S'Klallam Reservation; to achieve a level of water quality that provides
for all cultural uses of the water, the protection and propagation of fish and wildlife,
for recreation in and on the water, and all existing and designated uses of the water; to
promote the holistic watershed approach to management of tribal waters; and to
provide for protection of threatened and endangered species.326

Other Novel Protections

• There shall be undisturbed, natural, vegetated buffers left adjacent to rivers, streams,
and wetlands, marine shorelines, flood plains, and erosion hazard areas. No
construction, accessory uses septic tanks, or agriculture is allowed in the buffer. No
timber harvesting is permitted within the buffer, except that trees which have
naturally fallen across the waterway may be removed, provided prior authorization is
obtained from the Tribe, through the Planning Director. A buffer of 150 feet shall
remain adjacent to all fish bearing streams, including Shipbuilders at The Bars, Little
Boston, and Middle creeks. A buffer of 100 feet shall remain adjacent to all nonfish
bearing perennial streams. A buffer of 50 feet shall remain adjacent to all non-fish
bearing seasonal streams and all mapped and unmapped wetlands. The Tribe may
increase or decrease the size of a buffer for a particular activity in order to meet other
goals, purposes, and standards of this title, or other applicable law. Buffers shall be
measured landward from the ordinary high water mark. Buffers shall be left on both
sides of the waterway.327

Pueblo of Acoma

Definition of "Pueblo waters"

• Pueblo waters: "Pueblo waters" for regulatory purposes means all surface and
subsurface waters flowing on, across, through, beneath, or bordering Pueblo lands.328

Definition of "wetlands"

• "Wetlands" means those areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands include swamps, marshes, bogs, cienegas, tinajas,
and similar areas. Constructed wetlands used for treatment purposes are not included
in this definition.329

325 Id. at 24.01.01.

32<5 port Gamble S'Klallam Water Quality Standards for Surface Waters 1(3).

327 Port Gamble S'Klallam Tribal Code 24.08.01(c).

328 Pueblo of Acoma Water Quality Standards Section VII. Revised December 2005. Available at
https://www.epa.gov/sites/production/files/2014-10/documents/acoma-was.pdf.

329 Id.

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Other Definitions

•	"Point source" means any discernible, confined, and discrete conveyance from which
pollutants are or may be discharged into a water body; does not include return flows
from irrigated agriculture.330

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on April 17,
2001.331

•	Initial water quality standards were approved by EPA on April 17, 2001.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on April 17,
2001.

Statements of cultural or spiritual significance of water resources

•	As the first and foremost user of water in the region, the Pueblo of Acoma
acknowledges that water is essential to all life at Acoma and is indispensable to the
practice of age-old traditions and to our cultural preservation. Within this context, the
Pueblo of Acoma Water Quality Standards are intended to accomplish the following:
To promote the health, welfare, political integrity, economic well-being, and
traditional culture of the Acoma people.332

GGGGG. Pue'

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on October 13,
1992.333

•	Initial water quality standards were approved by EPA on December 24, 1992.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on October
13, 1992.

Pue'

Definition of "Pueblo waters"

•	"Pueblo waters" means all groundwater and all surface waters, including but not
limited to all or portions of rivers, streams (including perennial, intermittent, and
ephemeral streams and their tributaries), lakes, ponds, dry washes, marshes,
waterways, wetlands, mudflats, sandflats, sloughs, prairie potholes, wet meadows,
playa lakes, impoundments, riparian areas, springs, and all other bodies or
accumulations of surface water, natural or artificial, public or private, including those
dry for part of the year, that are within or bordering upon the Pueblo. Consistent with

330	id.

331	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-acoma.

332	Pueblo of Acoma Water Quality Standards Section I.B (only relevant portions cited).

333	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-isleta.

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federal requirements the Pueblo may exclude from Pueblo waters certain waste

T.1.A

treatment systems.

Definition of "wetlands"

• "Wetlands" mean areas that are inundated or saturated by surface or groundwater
frequently and long enough to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. The term generally includes swamps, marshes, bogs, and similar areas.335

Other Definitions

• "Point source" means any discernible, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
landfill leachate collection system, container, or concentrated animal feeding
operation ("CAFO"), from which pollutants are or may be discharged into a water
body. The term does not include agricultural storm water discharges (except from
CAFOs) or return flows from irrigated agriculture.336

• "Pollutant" means any type of contaminant, including but not limited to toxic
substances, hazardous substances, dredge spoil, solid waste, sewage, chemicals,
pesticides, herbicides, fungicides, rodenticides, fertilizers, incinerator residue,
discarded equipment, rock, sand, dirt, sewage, and oil, regardless of whether in liquid,
solid, or gaseous form.337

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on December
20, 2016.338

• Initial water quality standards were approved by EPA on July 19, 2017.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on
December 20, 2016.

Statements of cultural or spiritual significance of water resources

• The Laguna Pueblo Council also recognizes that the Pueblo's clean waters are an
extraordinary resource and wishes to ensure their protection so that the traditional and
cultural uses of those waters may continue.339

11111. Pueblo of Nambe

Definition of "wetlands"

• "Wetlands" means areas that are inundated or saturated by surface or groundwater at
a frequency and duration sufficient to support, and under normal circumstances do
support, a prevalence of vegetation typically adapted for life in a saturated soil

334 Pueblo of Laguna Code, Title XI, Chapter 2, Water Quality Standards, Section 11-2-3(43). Available at:
https://www.epa.gov/sites/production/files/2017-Q8/documents/laguna-tribe.pdf.

335 Id. at Section 11-2-3(48).

336 Mat Section 11-2-3(37).

337 Id. at Section 11-2-3(38).

338 https://www.epa.gov/was-tech/water-qualitv-standards-regulations-pueblo-laguna.

339 Pueblo of Laguna Code, Title XI, Chapter 2, Water Quality Standards, Section 11-2-1A.

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condition in New Mexico. Wetlands that are constructed outside of surface water
channel for providing wastewater treatment (and do not impound a surface water) are
not included in this definition.340

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on August 18,
1995.341

• Initial water quality standards were approved by EPA on August 18, 1995.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on August
18, 1995.

Other Novel Protections

• The Pueblo has water quality standards for wetlands: All wetlands on Pueblo lands
which are not constructed wetlands are considered "waters within the jurisdiction of
the Tribe." "Wetlands" shall be subject to narrative criteria and applicable

antidegradation provisions, as well as site-specific numerical criteria if applicable.
Created wetlands shall be subject only to narrative criteria. Wetlands are generally
assumed to provide habitat capable of supporting aquatic biota (e.g., fish, benthic
macroinvertebrates, amphibians, or hydrophytic vegetation) on an ongoing or
periodic basis. It shall be a goal of the Tribe to maintain the water quality of wetlands
at naturally occurring levels, within the natural range of variation for the individual
wetland. For substances that are not naturally occurring, water quality requirements
shall be based on protecting existing uses of the wetland consistent with
anti degradation requirements, the Tribe's narrative water quality criteria, criteria
assigned to hydrologically-connected surface waters, or appropriate criteria guidance
issued by the EPA. Natural wetlands shall not be considered as repositories or
treatment systems for wastes from human sources.342

i uns

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on August 7,
1995.343

• Initial water quality standards were approved by EPA on August 7, 1995.
401 Certification

• Found eligible to administer a water quality certification program (TAS) on August 7,
1995.

340 Pueblo of Nambe Water Quality Code Section VI. November 2017. Available at
https://www.epa.gov/sites/production/files/2014-12/documents/nambe-tribe.pdf.

341 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-nambe.

342 Pueblo of Nambe Water Quality Code Section III.P.

343 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-picuris.

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Pue'	joaque

Definition of "tribal waters"

•	"Tribal waters" means all waters within the exterior boundaries of the Pueblo of
Pojoaque Indian Reservation, including water situated wholly or partly within, or
bordering upon the Reservation, whether surface or subsurface, public or private, with
the exception of privately owned treatment lagoons and stock watering ponds that do
no combine with other surface or subsurface waters.344

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on March 21,
1996.345

•	Initial water quality standards were approved by EPA on March 21, 1996.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on March
21, 1996.

Statements of cultural or spiritual significance of water resources

•	The Pueblo's water quality standards include standards specific to segments
designated for primary contact. The regulations are applicable to segments designated
for ceremonial and recreational use. Primary contact also means any use of water
bodies for Native American traditional cultural, religious, or ceremonial purposes in
which there is intimate contact with the water body that may pose a significant health
risk. This may include but is not limited to ingestion or immersion.346

	 Pue

Definition of "surface waters of the Pueblo"

•	"Surface water of the Pueblo of Sandia" means a surface water of the Pueblo of
Sandia, or reach of a surface water of the Pueblo of Sandia, for which the Tribal
Council has adopted a designated a use or uses and applicable water quality criteria.
This includes all surface waters situated wholly or partly within or bordering upon the
Pueblo of Sandia, including lakes (both manmade and natural), rivers, streams
(including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie
potholes, wet meadows, playa lakes, reservoirs, or natural ponds. Surface waters of
the Pueblo of Sandia also include all tributaries of such waters, including adjacent
wetlands, any manmade bodies of water that were originally created in surface waters
of the Pueblo of Sandia or resulted in the impoundment of surface waters of the
Pueblo of Sandia, and any "waters of the United States" as defined under the Clean
Water Act. These "waters of the United States" will be protected by the Pueblo of

344	Pueblo of Pojoaque Water Quality Standards Section I.C. Revised 2015. Available at:
https://www.epa.gov/sites/production/files/2014-12/documents/poioaaue-tribe.pdf.

345	https://www.epa.gov/was-tech/water-aualitv-standards-regulations-pueblo-poioaaue.

346	Pueblo of Pojoaque Water Quality Standards Section IV.D.

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Sandia in a manner consistent with the Pueblo of Sandia Water Quality Standards and
Tribal authority.347

Definition of "wetlands"

• "Wetlands" means those areas inundated or saturated by surface water and/or
groundwater at a frequency and duration sufficient to support, and under normal
circumstances do support, vegetation typically adapted for life in saturated soil
conditions. Constructed wetlands used for waste water treatment purposes are not
included in this definition.348

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on December
24, 1992.349

• Initial water quality standards were approved by EPA on August 10, 1993.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on
December 24, 1992.

Other Novel Protections

• The Pueblo has water quality standards for wetlands.

o Biocriteria: All wetlands within the reservation, which are not constructed
wetlands (used for the repository or treatment system for wastes from human
sources) are considered surface waters of the Pueblo of Sandia. It is the policy
of the Pueblo of Sandia to protect wetlands because wetlands provide a variety
of environmental benefits including wildlife habitat and recharge of
groundwater. The Pueblo of Sandia will, through the use of multi-metric
indices of benthic macroinvertebrates, fish, periphyton, or other appropriate
wetland indicators ensure that the biological integrity of wetlands is
maintained, Wetland integrity shall not significantly differ from reference
wetlands, taking account variability. A significant adverse alteration of the
biological integrity of wetlands at naturally occurring levels, within the
natural range of variation for the individual wetlands and values of wetlands
shall not occur.350

o Wildlife habitat designated use: Wildlife habitat use means surface waters
including wetlands that are suitable to support and propagate animal and plant
species. Wildlife habitat will be free from any substances at concentrations
that are toxic to or will adversely affect animal and plant species that use the
environments for feeding, drinking, habitat or propagation, or can
bioaccumulate and impair the community of animals in a watershed or the
ecological integrity of surface waters of the Pueblo of Sandia.351

347 Pueblo of Sandia Water Quality Standards Section VII. November 2009. Available at

https://www.epa.gov/sites/production/files/2014-12/documents/sandia-tribe.pdf.

MSId.

349 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-sandia.

350 Pueblo of Sandia Water Quality Standards Section III.P.

351 Id. at Section IV.K.

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o The uses and standards are as follows for the Surface Water Ponds/Wetlands
in the Pueblo of Sandia Bosque. All wetlands on the Pueblo of Sandia which
are not constructed wetlands are considered "waters within the jurisdiction of
the Pueblo of Sandia." Wetlands shall be subject to the narrative criteria and
applicable antidegradation provisions, as well as site-specific numerical
criteria below. Wetlands are generally assumed to provide habitat capable of
supporting aquatic biota on an ongoing or periodic basis. It shall be the goal of
the Pueblo of Sandia to maintain the water quality of wetlands at naturally
occurring levels, within the natural range of variation for the individual
wetland. For substances that are not naturally occurring, water quality
requirements shall be based on protecting existing uses of the wetland
consistent with anti degradation requirements, the Pueblo of Sandia's narrative
water quality criteria, criteria assigned to hydrologically-connected surface
waters, or appropriate criteria guidance issued by the U.S. Environmental
Protection Agency. Natural wetlands shall not be considered as repositories or
treatment systems for wastes from human sources.352

MMMMM. Pue'

Definition of "surface waters of the Pueblo"

• "Surface waters of the Pueblo of Santa Ana" means a surface water of the Pueblo of
Santa Ana, or reach of a surface water of the Pueblo of Santa Ana, for which the
Tribal Council has adopted a segment description and has designated a use or uses
and applicable water quality criteria. This includes all surface waters situated wholly
or partly within or bordering upon the Pueblo of Santa Ana, including lakes (both
manmade and natural), rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, reservoirs,
or natural ponds. Surface waters of the Pueblo of Santa Ana also include all
tributaries of such waters, including adjacent wetlands, any manmade bodies of water
that were originally created in surface waters of the Pueblo of Santa Ana or resulted
in the impoundment of surface waters of the Pueblo of Santa Ana, and any "waters of
the United States" as defined under the Clean Water Act. These "waters of the United
States" will be protected by the Pueblo of Santa Ana in a manner consistent with the
Pueblo of Santa Ana Water Quality Standards and Tribal authority. Also called
"Surface Waters of the Pueblo."353

Definition of "water resources of the Pueblo"

• "Water resources of the Pueblo" means all surface waters of the Pueblo and any other
water for which the Pueblo has either a water right or a responsibility to protect the
water. This term includes groundwater, stormwater, and other waters not specifically
covered by the Clean Water Act.354

Definition of "wetlands"

352 Id. at Section V.D.

353 Pueblo of Santa Ana Water Quality Standards Section 59. November 26, 2013. Available at
https://www.epa.gov/sites/production/files/2015-Q9/documents/stana-tribe.pdf.

354 Id. at Section 1.

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•	"Wetlands" means those areas inundated or saturated by surface water and/or ground
water at a frequency and duration sufficient to support, and under normal
circumstances do support, vegetation typically adapted for life in saturated soil
conditions. Constructed wetlands used for waste water treatment purposes are not
included in this definition.355

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on July 20,

20 1 5.356

•	Initial water quality standards were approved by EPA on August 31, 2015.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on July 20,
2015.

Statements of cultural or spiritual significance of water resources

•	The Tribal Council recognizes that the Pueblo's clean waters are an extraordinary
resource and wishes to ensure their protection so that traditional and cultural uses of
those waters may continue. The Tribal Council wishes to protect the health, safety,
welfare, and environment of the Pueblo, its people, and residents. The Tribal Council
therefore enacts these Standards in order to prevent, reduce, and eliminate pollution
of surface waters of the Pueblo of Santa Ana and to plan the development and use
(including restoration and enhancement) of land and water resources within the
Pueblo's jurisdiction by: 1) Designating the existing and attainable uses for which the
surface waters of the Pueblo shall be protected; 2) Prescribing water quality standards
to sustain these designated uses and to provide for the protection and propagation of
fish and wildlife and recreation in and on the water; 3) Protecting other uses of
surface waters of the Pueblo, such as irrigation, ceremonial, domestic water supply,
and recharge of domestic water supply, provided that pollution that may result from
such uses shall not lower the quality of the water below that required for recreation
and protection and propagation of fish and wildlife; 4) Assuring that degradation of
surface waters of the Pueblo shall be minimized and that economic growth shall occur
in a manner consistent with the preservation of the Pueblo's existing clean water
resources.357

Other Novel Protections

•	The Pueblo has water quality standards for wetlands: All wetlands within the
reservation, with the exception of wetlands constructed for the repository or treatment
of wastes from human sources, are considered surface waters of the Pueblo. All
wetlands will be held to the standards necessary to support the biological and physical
characteristics naturally present within the wetlands. Wetlands will be protected to
prevent significant adverse impacts on: water flow and circulation, erosion, or
sedimentation patterns; natural water temperature variations; the chemical, nutrient

355	Id. at Section 2.

356	https://www.epa.gov/was-tech/water-qualitv-standards-regulations-pueblo-santa-ana.

357	Pueblo of Santa Ana Water Quality Standards Section I. A.

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and dissolved oxygen regime of the wetland; the normal movement of aquatic fauna;
the pH of the wetland; and normal water levels or elevations.358

NNNNN. Pile	nta Clara

Definition of "tribal waters"

•	"Tribal waters" means all waters within the exterior boundaries of the Reservation,
including water situated wholly or partly within, or bordering upon, the Reservation,
all lakes, rivers, streams (including perennial, intermittent, and ephemeral streams),
irrigation ditches, mudflats, sandflats, wetlands, sloughs, prairie potholes, wet
meadows, playa lakes, reservoirs and natural ponds, and all tributaries and
impoundments of such waters. Waters which do not combine with other surface or
subsurface waters, such as stock tanks, treatment lagoons, or reservoirs are private
waters and are excluded from this Code, but any receiving bodies of water impacted
from the effluent from such reservoirs and treatment lagoons are part of tribal
waters.359

Definition of "wetlands"

•	"Wetland" means those areas inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands include swamps, marshes, bogs and similar areas. Constructed
wetlands used for wastewater treatment purposes are not included in this definition.360

Other Definitions

•	"Regulated activity" means any activity that requires a permit or water quality
certification pursuant to tribal or federal law, any activity subject to non-point source
control requirements or regulations, and any activity which is otherwise subject to
tribal regulations that specify that the antidegradation review process is applicable.361

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on July 19,
1995.362

•	Initial water quality standards were approved by EPA on July 19, 1995.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on July 19,
1995.

Other Novel Protections

•	The Anti degradation Policy of the Pueblo is applicable to all tribal waters and
wetlands, as follows: 5. Degradation of tribal waters through direct, indirect, or

358	id

359	Pueblo of Santa Clara Water Quality Standards Section VII.

360	Id.

361	Id.

362	https://www.epa.gov/was-tech/water-qualitv-standards-regulations-pueblo-santa-clara.

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cumulative impacts shall not result in the net loss of wetland acreage or wetland
functions.363

• Under implementation of the antidegradation requirements, proposed activities shall
be reviewed to ensure compliance with the following: d. Any proposed activity that
would result in the net loss of wetland acreage or wetland functions is prohibited.364

• Narrative water quality standards apply to all Tribal waters, including wetlands,
unless stricter standards are imposed.365

OOOOO. Pue"

Definition of "Pueblo waters"

• "Pueblo Waters" means all waters situated wholly within, partly within, or bordering
upon the Reservation, excluding those that do not combine with other surface or sub-
surface waters, such as stock tanks, treatment lagoons, or reservoirs. However,
receiving waters impacted by the effluent from such reservoirs and treatment lagoons
are included. Other examples of Pueblo Waters include, but are not limited to,
portions of rivers, streams (perennial, intermittent and ephemeral streams and their
tributaries), lakes, ponds, dry washes, marshes, waterways, wetlands, mudflats,
sandflats, sloughs, impoundments, riparian areas, springs, and all other bodies or
accumulations of surface water, natural or artificial, public or private, including those
dry part of the year.366

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on December
8, 2005.367

• Initial water quality standards were approved by EPA on June 19, 2006.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on
December 8, 2005.

Statements of cultural or spiritual significance of water resources

• The Tribal Council recognizes that the Pueblo's clean waters are an extraordinary
resource and wishes to ensure their protection so that traditional and cultural uses of
those waters may continue. The Tribal Council wishes to protect the health, safety,
welfare, and environment of the Pueblo, its people, and residents. The Tribal Council
therefore enacts these [Water Quality] Standards in order to prevent, reduce, and
eliminate pollution of Pueblo waters and to plan the development and use (including
restoration and enhancement) of land and water resources within the Pueblo's
jurisdiction by: 1) Designating the existing and attainable uses for which the Pueblo
waters shall be protected. 2) Prescribing water quality standards to sustain these
designated uses and to provide for the protection and propagation of fish and wildlife

363 Pueblo of Santa Clara Water Quality Standards Section II. A (only relevant portions cited).

364 Id. at Section II.B.l (only relevant portions cited).

365 Id. at Section III.

366 Pueblo of Taos Water Quality Standards Section VII. January 2019. Available at
https://www.epa.gov/sites/production/files/2014-12/documents/taos-tribe.pdf.

367 https://www.epa.gov/was-tech/water-qualitv-standards-regulations-pueblo-taos.

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and recreation in and on the water. 3) Protecting other uses of Pueblo waters, such as
irrigation, ceremonial, drinking water, and recharge of domestic water supply,
provided that pollution that may result from such uses shall not lower the quality of
the water below that required for recreation and protection and propagation of fish
and wildlife. 4) Assuring that degradation of Pueblo waters shall be minimized and
that economic growth shall occur in a manner consistent with the preservation of the
Pueblo's existing clean water resources.368

Other Novel Protections

• All wetlands on the reservation which are not constructed wetlands are considered
"Pueblo waters." Wetlands shall be subject to narrative criteria and applicable
antidegradation provisions unless site-specific numerical criteria have been assigned.
Constructed wetlands shall only be subject to narrative criteria. Wetlands are
generally assumed to provide habitat capable of supporting aquatic biota (e.g., fish,
macroinvertebrates, amphibians, or hydrophytic vegetation) on a regular or periodic
basis. It shall be a goal of the Pueblo to maintain the water quality of wetlands at
natural background levels, within the natural range of variation for the particular
wetland. For substances that are not naturally occurring, water quality requirements
shall be based upon protecting existing uses of the wetland consistent with
anti degradation requirements, the Pueblo's narrative water quality criteria, or
appropriate criteria guidance issued by the U.S. Environmental Protection Agency.
Natural wetlands shall not be considered as repositories or treatment systems for
wastes from human sources.369

Pue suque

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on April 29,
1997.370

• Initial water quality standards were approved by EPA on April 29, 1997.
401 Certification

• Found eligible to administer a water quality certification program (TAS) on April 29,
1997.

Other Novel Protections

• The Pueblo's general water quality standards are applicable to wetlands.371

QQQQQ. 3e

Definition of "waters of the tribe"

368 Pueblo of Taos Water Quality Standards Section I. A.

369 Id. Section III.G.

370 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-tesuque

371 Pueblo of Tesuque Water Quality Standards Section I.C. November 30,2015. Available at
https://www.epa.gov/sites/production/files/2014-12/documents/tesuque-tribe.pdf.

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• "Surface waters of the Puyallup Tribe" includes rivers, ponds, streams, inland waters,
wetlands and all other surface waters and water courses on trust land within the 1873
Survey Area described in the Settlement Agreement of August 27, 1988, ratified by
Congress in the Puyallup Land Claim Settlement Act, 25 U.S.C. Section 1773(b).372

Definition of "wetlands"

• "Wetlands" shall mean areas that are inundated or saturated by ground or surface
water at a frequency or duration sufficient to support, or which does support,
vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include marshes, swamps, bogs, and similar areas and may be but are not necessarily
characterized by special soil conditions such as peat, muck and mud. [Ord. 220692a
(06/22/92) § 3]373

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on May 25,
1994.374

• Initial water quality standards were approved by EPA on October 31, 1994.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on May 25,
1994.

404-like Ordinance

• Permits Required. No person or entity shall undertake any of the following activities
on any trust land without first obtaining from the Tribe two permits, a development
permit and a construction permit: (2) Construction of any building or structure within
200 feet of a shoreline or wetlands area; (4) Dredging or filling of waters,
watercourses or wetlands, drilling, dumping, filling, removal of any sand, gravel, soil
or minerals, bulkheading, diking, riprapping, or driving of piling;... The applicant for
any permit shall have the burden of establishing that the application meets the
requirements of this code and other applicable law, and that issuance of a permit is
otherwise appropriate.375

• Environmental Checklist. (1) Purpose. The environmental checklist provides an
overview of the environmental impact of a proposed project. The Director will
determine whether an initial recommendation can be made on that basis or whether an
environmental impact statement is needed. (2) Submission of Information. The
applicant shall complete the checklist form provided by the Environmental
Department, and provide any other information requested by the Environmental
Director. (3) Standards for Initial Review of Impact on the Environment. An initial
review of the impact that a proposed project will have on the environment shall take

372 Puyallup Tribal Code, Chapter 10.08 Water Quality Standards for Surface Waters 10.08.020 (aa). Available at:
https://www.codepublishing.com/WA/PuyallupTribe/.

373 Puyallup Tribal Code, Chapter 15.16 Permit Applications Procedure Code 15.16.030 (aa). Available at:
https://www.codepublishing.com/WA/PuyallupTribe/.

374 https://www.epa.gov/was-tech/water-aualitv-standards-regulations-puvallup-tribe-indians.

375 Puyallup Tribal Code, Chapter 15.16 Permit Applications Procedure Code 15.16.050 (only relevant portions cited).

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into account the following factors: ... (G) Provision for undisturbed, natural vegetated
buffers adjacent to rivers, streams, and wetlands.376

Statements of cultural or spiritual significance of water resources

• In the tribe's water quality standards, they have established a designated use for
"ceremonial and religious water use," which means activities involving traditional
Native American spiritual and cultural practices which involve primary (direct) and
secondary contact with water.377

RRRRR. amid Lake Paiute

Definition of "waters of the tribe"

• "Surface waters of the [Pyramid Lake Paiute Tribe]" means all water bodies within
the exterior boundaries of the Tribal Reservation.378

Other Definitions

• "Permit" means a legally binding document issued by a Tribe, State or Federal
permits agency to the owner or manager of a point source discharge. The permit
document contains a schedule of compliance requiring the permit holder to achieve a
specified standard or limitation by a specified date, which is usually the date that the
permit becomes effective. Permit documents also specify monitoring and reporting
requirements to be conducted by the applicant.379

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on January 30,
2007.380

• Initial water quality standards were approved by EPA on December 19, 2008.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on January
30, 2007.

Other Novel Protections

• The tribe's narrative water quality standards apply to wetlands.381

SSSSS. Quartz Valley Indian Community

303(c) Water Quality Standards

• Application under review; notice issued October 24, 2018. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for

376 Id. at 15.16.070 (only relevant portions cited).

377 Puyallup Tribal Code, Chapter 10.08 Water Quality Standards for Surface Waters 10.08.020 (g).

378 Pyramid Lake Paiute Tribe Water Quality Control Plan Section II Water Quality Standards, Definition of Terms. September
16, 2015. Available at: https://www.epa.gov/sites/production/files/2014-12/documents/pvramid-lake-tribe.pdf.

379 Id.

380 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pyramid-lake-paiute-tribe.

381 Pyramid Lake Paiute Tribe Water Quality Control Plan Section II Water Quality Standards, Narrative Standards of Water
Quality.

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TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.

401 Certification

• Application under review; notice issued October 24, 2018. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.

Quinault I " :i

Other Definitions

• "Hydraulic Project" means any activity in or near or potentially effecting tidelands,
rivers, lakes, springs, streams, sloughs, ponds, groundwaters, wetlands, marshes, and
any other body of water.382

• "Reservation Resource" shall mean land, water, trees and other vegetation, fish and
wildlife, and capital improvement within the exterior boundaries of the Quinault
Indian Reservation.383

• "Natural Resource Practice" shall mean any activity conducted on or directly
pertaining to forest lands, tidelands, rivers, lakes, springs, streams, sloughs, ponds,
groundwater, wetlands, marshes and any other body of water, including but not
limited to...(10) Any activity with the potential to effect tidelands, rivers, lakes,
springs, streams, sloughs, ponds, groundwater's, wetlands, marshes, and any other
body of water.384

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on September
20, 2018.385

• Initial water quality standards have not been approved by EPA.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on
September 20, 2018.

402-like and 404-like Ordinance

• It shall be a violation of this Title for a person shall carry on the activities of a forest
products operator or conduct [a] hydraulic project without an approved natural
resource practice application.386

• It shall be a violation of this Title for any person to divert any stream or river or
remove water from any river, stream, spring, pond, tidal area, lake, or any other body
of water on the Quinault Indian Reservation, including ground waters, without
obtaining an approved application to do so from the Department. It shall be a

382 Quinault Indian Nation Title 61 Natural Resource Management 61.03.010 (t). Available at: http://a landandwater. org/wp-
content/uploads/2017/08/T itle-61 -Natural-Resource-Management.pdf.

383 Id. at 61.03.010 (bb).

384 Id. at 61.03.010 (o) (only relevant portions cited).

385 https://www.epa.gov/was-tech/water-aualitv-standards-regulations-auinault-indian-nation.

386 Quinault Indian Nation Title 61 Natural Resource Management 61.05.010 (a).

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violation of this Title for any person to conduct work in or near (within 200 feet) of a
stream, river, lake, tidal area, pond, groundwater, or any other body of water on the
Quinault Indian Reservation without obtaining an approved application from the
Quinault Department of Natural Resources to do so.387

• Hydraulic applications may include conditions which require the applicant to: ... (2)
Pay for waters diverted or polluted. (3) Pay for damage to fish spawning beds or other
natural or man-made resources of the Quinault Indian Nation caused by work carried
out under the application.388

• The Department shall develop standards for natural resources practices within the
Coastal District which shall include, but shall not be limited to, the following:... (2)
The use of heavy equipment within the Coastal District shall be restricted to minimize
damage to soil, vegetation and water resources. (3) Shoreline protection strips of
appropriate width but no less than 200 feet, shall be left undisturbed along coastal
bluffs, beach fronts and coastal wetlands and marshes when the Department
determines that such control is necessary to protect the water resource, wildlife
resource, prevent accelerated erosion, or protect against windstorm damage. Minor
clearing may be allowed within 200 feet of coastal beaches, beach fronts, coastal
wetlands, and marshes in those areas where such clearing is authorized by the
Quinault Indian Nation's zoning laws or regulations and the clearing activity will not
harm the water resource, wildlife resource, accelerate erosion, or cause potential
windstorm damage.389

Statements of cultural or spiritual significance of water resources

• The Quinault Division of Natural Resources manages natural resources on the lands
of the Quinault Indian Nation's Usual and Accustomed area including the ocean. The
natural environment and its resources are deeply intertwined with the culture and
economy of the Quinault. The traditional tribal worldview is that the people are a part
of nature, not apart from nature. "Place-based" people have developed an intimate
relationship with their specific natural environment through history. Their physical,
mental, social and spiritual health is directly and uniquely related to the health of the
ecosystems of the lands and waters they inhabit.390

. . . Red CI Lake Superior Chippewa Indians

Definition of "navigable waterway"

• "Navigable waterway" shall refer to any body of water that (1) is subject to the ebb
and flow of the tide or seiche, (2) connects with a continuous interstate waterway, (3)
has navigable capacity, and/or (4) is actually navigable.391

Other Definitions

387 Id. at 61.07.010 (a).

388 Id. at 61.07.010(d).

389 Id. at (only relevant portions cited).

390 Quinault Division of Natural Resources, http ://q landandwater. org/.

391 Red Cliff Band of Lake Superior Chippewa Indians, Tribal Code, Chapter 11 Logging, Burning, Woodcutting, and
Harvesting, Section 11.2.23. Available at: http://redcliff-nsn.gov/government/TribalChapters/Chapterl 1 .pdf.

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•	"Discharge" means the unintentional or intentional spilling, leaking, pumping,
pouring, emitting, emptying, releasing, or dumping of any liquid, gaseous, or solid
material.392

•	"Environmental Change" means: (a) Any dock building, dredging., filling, stream
diversion, wetland draining, or similar activity that potentially alters the biological,
chemical, physical, and cultural integrity of the environment; (b) Any construction
activity that may alter or alters the natural environment (biological, chemical,
physical, and cultural integrity) to the extent of the area of impact, whether pre-
disturbed or not; (c) Removal and proper disposal of dredged materials, dirt, slurry,
rock, sand, or municipal, industrial, or agricultural waste; (d) The outdoor discharge
or spraying of any poison, pesticide, or herbicide; (e) Demolition with use of any
explosive substance such as gun powder or dynamite, other than through the
legitimate use of firearms; or (f) Metallic or non-metallic mining activities.

•	"Fill" means a deposit of earth material placed by artificial means.393

•	"Pollution" means point or non-point source discharge of any solid waste, incinerator
residue, chemical waste, biological nutrient, biological material, wrecked or discarded
equipment, rubbish, sewage, garbage, trash or other harmful or unsightly substance
into any waters, any lands or emitted into the air. (08-22-06)394

402-like and 404-like Ordinance

•	Except as otherwise provided in this section, no person shall cause any pollution
within the exterior boundaries of the Reservation.395

•	Environmental Change Permit:

o No person shall cause, or permit to be caused, any environmental change
without an Environmental Change Permit issued by the Environmental
Department.396

o Commercial appliers of poisons or pesticides must receive an Environmental
Change Permit from the Environmental Department.

Other Novel Protections

•	The tribe's commercial logging regulations include:

o No logging activities shall occur within the riparian buffer zone, which
consists of: 150 feet of the horizontal distance from the Lake Superior high
water elevation and 100 feet of horizontal distance from the stream and not
within the 100 year flood plain of a pond, lake, stream or river (37.6.10).
Exemptions will only be granted through the PAC approval process as part of
the Tribe's Emerald Ash Borer Management Plan.397

392	Red Cliff Band of Lake Superior Chippewa Indians Tribal Code Chapter 12 Pollution and Environmental Protection, Section
12.2.3. Available at: http://redcliff-nsn.gov/government/TribalChapters/Chapterl2.pdf.

393	Red Cliff Band of Lake Superior Chippewa Indians, Tribal Code, Chapter 55 Flood Damage Reduction Ordinance, Section
55.2.10. Available at: http://redcliff-nsn.gov/government/TribalChapters/Chapter55.pdf.

394	Red Cliff Band of Lake Superior Chippewa Indians Tribal Code Chapter 12 Pollution and Environmental Protection, Section
12.2.19.

395	Red Cliff Band of Lake Superior Chippewa Indians Tribal Code Chapter 12 Pollution and Environmental Protection, Section
12.3.1.

396	Id. at Section 12.4.1.

397	Red Cliff Band of Lake Superior Chippewa Indians, Tribal Code, Chapter 11 Logging, Burning, Woodcutting, and
Harvesting, Section 11.4.5.

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o Logging road stream crossings must utilize [best management practices]
intended to limit stream channel changes, erosion, sedimentation, and
disruption of aquatic life as specified by the PAC Review Board and
Commercial Logging Permit conditions. The Natural Resources Department
may impose additional conditions for stream crossings of navigable
waterways to mitigate effects of the crossing.398
o Machinery use in or near dry washes is prohibited at all times.399

• Setbacks. In all zones, the following rules concerning setbacks from the lake shore
shall apply, (a) Lake Superior. There shall be a setback of 150 feet of horizontal
distance from the Lake Superior High Water Elevation. All structures and major
ground cover disturbances shall be prohibited, (b) Streams. On all streams a minimum
setback of 100 feet of horizontal distance from the stream bankfull mark and not
within the 100 year flood plain is required, (c) Decks and Building Prohibited.

Decks, observation platforms and buildings are expressly prohibited in the shoreline
setback area. Docks within the exterior boundaries of the reservation proposed in the
shoreline setback area require review by the PAC Team and approval by Tribal
Council on a case by case basis, (d) Greater Setback. In cases of adverse soil to
topographical conditions, the Zoning Administrator and/or Planning Board may
require greater setbacks which shall be measured as a horizontal distance.400

• Floodplain Development Permits. It shall be unlawful for any person to begin
construction or other development activity including but not limited to filling;
grading; construction; alteration, remodeling, or expanding any structure; or alteration
of any watercourse wholly within, partially within or in contact with any identified
special flood hazard area, as established in Section 1.6, until a floodplain
development permit is obtained from the Floodplain Administrator. Such floodplain
development permit shall show that the proposed development activity is in
conformity with the provisions of these regulations. No such permit shall be issued by
the Floodplain Administrator until the requirements of these regulations have been
met.401

VVVW. Resighini Rancheria

Definition of "waters of the Reservation"

• "Reservation Waters" or "Waters of the Reservation" means any water, surface or
underground, contained within, flowing through or bordering upon the Resighini
Rancheria or any portion thereof.402

Other Definitions

398 Id. at Section 11.4.10.

399 Id. at Section 11.4.11.

400 Id. at Chapter 37, Land Use, Section 37.6.10. Available at http://redcliff-nsn.gov/Government/TribalChapters/Chapter37.pdf.

401 Red Cliff Band of Lake Superior Chippewa Indians, Tribal Code, Chapter 55 Flood Damage Reduction Ordinance, Section
55.3.3.

402 Resighini Rancheria, Tribal Water Quality Ordinance Number 01-2002, Section 2. Revised March 31, 2006. Available at:
https://klamathwateraualitv.com/documents/Resighini Rancheria Final WO Ordinance Revised 6 06.pdf.

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• "Pollutant" means any substance that will alter the quality of the waters of the
Reservation.403

402-like and 404-like Ordinance

• No person shall discharge any pollutant into any Reservation water from a point
source or conduct dredge and fill activities in any designated wetland area of the
Reservation without first having applied for and obtained a permit from the Riparian
Review Committee after approval by the Business Council. Any person who intends
to alter or enlarge an existing activity authorized by this Ordinance, or who intends to
cause or direct such alteration or enlargement of such activities, shall, prior to
alteration or enlargement of such activities, apply for and obtain a valid permit from
the Riparian Review Committee after approval by the Business Council.404

Other Novel Protections

• The Rancheria has water quality criteria specifically for wetlands. The following
wetlands criteria shall apply to all waters of the Reservation: (A) Water quality in
wetlands shall be maintained at naturally occurring levels, within the natural range of
variation for individual wetlands. (B) Physical and biological characteristics shall be
maintained and protected by: (1) Maintaining hydrological conditions, including
hydro period, hydrodynamics and natural water temperature variations; (2)
Maintaining the natural hydrophitic vegetation; and (3) Maintaining substrate
characteristics necessary to support existing and characteristic uses.405

WWWWW. Rincon Band iseno Mission Indians

Definition of "waters of the Reservation"

• "Rincon Reservation Water" means all fresh waters that originate or flow in, into, or
through the Rincon Reservation, or that are stored on the Rincon Reservation,
whether found on the surface of the earth or underground, and all Rincon Band tribal
reserved water rights.406

Definition of "wetlands"

• "Wetlands" means those areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas.407

Other Definitions

403 id.

404 Id. at Section 801.

405 Id. at Section 509.

406 Rincon Band of Luiseno Mission Indians, Water Resources Protection Ordinance, Ordinance No. 8.900, Section 8.903 (jjj).
Available at: https://rincon-nsn.gOv/wp-content/uploads/2019/05/8 0900-Water-Resources-Protection-Qrdinance.pdf.

407 Id. at Section 8.903 (ffff).

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• "Adjacent Wetlands" means wetlands bordering, contiguous, or neighboring "waters
of the United States" as defined by 33 CFR part 328, as amended from time to
time.408

• "Contiguous Wetlands" means wetlands that are connected to waters of the Rincon
Reservation or other geographic features (e.g., open space) by any of the following
criteria: (1) All or part of the wetland lies within the 100-year floodplain of waters of
the Rincon Reservation; (2) Hydric soil and Hydrophytic vegetation extend
continuously to waters of the Rincon Reservation or other pertinent geographic
features; or (3) Sufficient evidence exists to conclude the wetland is hydrologically
connected and is immediately adjacent to waters of the Rincon Reservation or other
pertinent geographic features.409

• "Filling" means the depositing of any material on a site that raises the surface level of
the land or the bed of a body of water above its prior or natural elevation.410

• "Illicit discharges" mean any non-storm water discharges to storm water drainage
systems that could cause or contribute to a Degradation of water quality, sediment
quality, or ground water quality, including, but not limited to, sanitary sewer
connections, industrial process water, interior floor drains, car washing, and iron grate
systems.411

• "Pollution" means the presence of matter, energy, Contamination, or other alteration
of the physical, chemical, or biological properties of water or land whose nature,
location, or quantity produces undesired environmental effects, including, but not
limited to, changes in aesthetics, temperature, taste, color, turbidity, or odor of the
waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance
into any waters as will or threatens to render such waters harmful, detrimental, or
injurious to the public health, safety, or welfare, or to cultural, spiritual, domestic,
commercial, industrial, agricultural, recreational, or other legitimate beneficial uses,
or to livestock, wildlife, birds, fish, or other aquatic life.412

• "Isolated Wetlands" means non-tidal wetlands not part of a surface tributary system
to intrastate or navigable waters of the United States and are no adjacent to such
tributary waterbodies.413

• "Ongoing agricultural activity" means agricultural activities (including grazing,
tilling, planting, and other activities) that are ongoing as long as the area on which
they are conducted has not been converted to another use or has lain idle so long that
modifications to the hydrology are necessary to resume operation. Any lands that
have been idle for five years or longer will no longer be considered as lands with
"ongoing" agricultural activities. This definition should be interpreted in line with that
of the U.S. Department of Agriculture and shall not be interpreted in any way to
regulate any adjudicated water right or interest of an allottee, or allotment in trust
status, on the Rincon Reservation.414

408 Id. at Section 8.903 (b).

409 Id. at Section 8.903 (1).

410 Id. at Section 8.903 (s).

411 Id. at Section 8.903 (ii).

412 Id. at Section 8.903 (zz).

413 Id. at Section 8.903 (mm).

414 Id. at Section 8.903 (uu).

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•	"Wetland complex" means areas where wetlands and uplands form a highly
interspersed mosaic, often with a number of small, hydrologically interconnected
(either through ground water or surface water) wetlands as commonly found in
hummock and swale topography.415

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on April 3,
2018.416

•	Initial water quality standards have not yet been approved by EPA.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on April 3,
2018.

402-like and 404-like Ordinance

•	Applicability, (a) Except as provided in subsection (b) below, this Ordinance applies
to all Persons using or desiring to use Rincon Reservation Water or undertaking
activities or desiring to undertake activities that affect Rincon Reservation Water,
including, but not limited to, surface and ground waters in, on, or underlying all lands
within the boundaries of the Rincon Reservation. 417Stream and Wetland Management

o It is the intent of the Rincon Band to achieve no net loss of streams, wetlands,
and their functions and, in the long term, to achieve a net gain of stream and
wetland functions within the boundary of the Rincon Reservation. These goals
will be achieved by measures such as requiring site planning to avoid or
minimize damage to streams and wetlands wherever possible and by requiring
restoration or enhancement of degraded streams and wetlands to offset losses
that are unavoidable. It is also the intent of the Rincon Band to pursue a policy
of actively encouraging the restoration or enhancement of streams and
wetlands with a high potential to provide wildlife, cultural, water-quality, or
Aquifer-recharge functions.418
o The purposes of Rincon Band Stream and Wetland Management are: (1) To
protect the functions and values of Rincon Reservation streams and wetlands
from the impacts of development activities and other land uses; (2) To
encourage appropriate residential development and land-use practices by and
for tribal members and non-tribal members as well as commercial and
business growth on the Rincon Reservation for tribal employment
opportunities by providing defined stream and wetland management
standards, requirements, and Mitigation alternatives for effective project
planning; (3) To protect and enhance wildlife resources, cultural resources,
and the quantity and quality of Rincon Reservation ground water; and (4) To
protect surface-water quality and enhance storm-water management.419

•	The [Rincon Environmental Department (RED)] shall have the authority to, and shall
promulgate, amend, or rescind regulations relating to standards of quality for waters

415	Id. at Section 8.903 (bbbb).

416	https://www.epa.gov/wqs-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

417	Rincon Band of Luiseno Mission Indians, Water Resources Protection Ordinance, Ordinance No. 8.900, Section 8.904 (a).

418	Id. at Section 8.915 (b).

419	Id. at Section 8.915 (c).

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of the Rincon Reservation and for substances discharged therein in order to maintain
the highest possible standards in accordance with the public policy of the Rincon
Band as declared in Section 8.901 & 8.902.420

• Any Person who in violation of this Ordinance discharges any pollutant into the
waters of the Rincon Reservation shall be liable for all costs associated with or
necessary to clean up, abate, or remove said pollutants from the waters of the Rincon
Reservation and restore the quality of the waters of the Rincon Reservation to their
condition as they existed immediately prior to the discharge.421

• Water Quality Standards Antidegradation Policy: Discharges which cause violation of
the Anti degradation Policy or any narrative or numerical water quality objective are
prohibited.... In some cases, the Tribal Council may allow limited degradation of
existing water quality to benefit the Tribe for economic, developmental, or cultural
reasons. The conditions upon which this may be allowed will be fully disclosed by
the Tribal Council and will follow an application process and public participation.
The level of water quality to protect existing beneficial uses shall be fully protected.
All reasonable and cost-effective strategies shall be implemented for nonpoint source
releases.... If it is determined that some degradation is in the best interest of the
members of the Rincon Band Tribe, some increase in pollutant level may be
appropriate. However, in no case may such increases cause adverse impacts to
existing or probable future beneficial uses of waters of the Tribe.422

• If a proposed action has the possibility to adversely affect the water quality of Rincon
Band Creek, an application must be filed with the RED. The application must
describe the action proposed and its effects on Reservation waters, how this
information was derived, and a justification for the action. Upon satisfying these
requirements, the RED will recommend or not recommend this proposal to be
considered by the Tribal Council. Tribal Council will make a determination whether
to consider the proposal further. If the Tribal Council wishes to consider the
application further, the public participation process will take place. The Tribal
Council has the sole authority in permitting degradation to waters of the Rincon
Reservation. If the Tribal Council makes the decision to allow degradation, they will
submit their decision to the U.S. EPA for review and approval.423

Statements of cultural or spiritual significance of water resources

• Streams and wetlands provide a number of benefits to the Rincon Band, including
Habitat for migratory birds, amphibians such as frogs and salamanders, and other
wildlife; cultural plants and other cultural practices and properties; providing recharge
water to ground-water Aquifers; improving water quality; providing water to streams
during summer low flows; holding flood and storm waters; and recreational and
educational opportunities.424

Other Novel Protections

420 Id. at Section 8.920 (a).

421 Id. at Section 8.921 (c).

422 Id. at Appendix D — Antidegradation Policy.

423 Id. at Appendix D Section (e).

424 Id. at Section 8.915 (a).

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• WELLHEADS: The Water Resources Protection Ordinance provides guidelines to
determine appropriate conditions to be included in permits issued by the RED for the
protection of wellhead areas and ground water resources of the Rincon Band.425

XXXXX. Rosebi lix Tribe
Other Definitions

• "Discharge of a pollutant" means any addition of any pollutant to the waters of the
Rosebud Reservation from a point source.426

• "Point source" means any discernible, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation, vessel or other
floating craft, from which any pollutant is or may be discharged.427

• "Pollutant" means any material that when added to water causes pollution, including
but not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical, biological, or radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, soil, industrial, municipal and
agricultural products or waste.428

• "Pollution" means the human-made or human-induced alteration of the chemical,
physical, biological, or radiological integrity of water.429

402-like and 404-like Ordinance

• Prohibited Activities. (1) Except as may be permitted under this Title, no person shall
cause or allow the discharge of any pollutant from a point source or nonpoint source
that reduces the quality of the waters of the Reservation to below the standards
established pursuant to Section 19-6-105 of this Chapter. (2) No person shall violate
the terms or conditions of any pollution discharge or activity permit or regulation
issued pursuant to this Chapter.430

• Permit for Point Source Discharge. (1) Federal and Tribal Permits Required, (a) Any
point source discharge of pollutants into the waters of the Reservation requires a
permit from the federal Environmental Protection Agency. No person may discharge
any pollutant from a point source into waters of the Reservation without having first
obtained a permit from the EPA. (b) Further, no person may discharge any pollutant
from a point source into waters of the Reservation without first having obtained a
permit from the Commission pursuant to this Chapter. (2) Tribal Permit for Point
Source Discharge, (a) In lieu of a petition for permit as required by Section 19-6-
109(1) and (2), the applicant shall provide td the Director of Water Resources a
complete and full copy of his petition to the federal Environmental Protection Agency
at the same time as it is supplied to the EPA. (b) Upon receipt of a complete petition
the Director of Water Resources shall immediately contact the appropriate federal
Environmental Protection Agency office and advise it of the Director's intent to

425 Id. at Section 8.905 (d).

426 Code of the Rosebud Sioux Tribe, Title 19 Environmental Protection Section 19-6-102 (2).

427 Id. at Section 19-6-102 (5).

428 Id. at Section 19-6-102 (6).

429 Id. at Section 19-6-102 (7).

430 Id. at Section 19-6-104.

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review and provide public participation on the permit petition. The Director shall
request that EPA not act prior to conclusion of the tribal process, (c) Within two
weeks of having first received a petition, the Director may request the applicant to
supply within a reasonable time such additional information as he deems necessary to
permit a thorough review of the petition. If the applicant fails to submit the requested
information within the reasonable time established in the Director's request, the
Director may reject the petition for such failure, (d) Upon receipt of a complete
petition pursuant to Section 19-6-109 or 19-6-110(2)(a), the Land Use and
Environment Commission shall, in accordance with informal hearing procedures
established in Title 18, Chapter 21, determine whether to issue the requested permit.
The Commission shall grant the permit only if it finds, by clear and convincing
evidence, that: Commission shall not grant a permit unless it finds on the record that
... (e) If the federal Environmental Protection Agency has not yet issued a permit, the
Director shall urge EPA to act consistent with the decision on the tribal permit. If
EPA has issued a permit, the Director shall insure that the Commission's permit
conditions are at least as stringent as those in the EPA permit.431

YYYYY. Sac	e Mississippi in Iowa

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on August 13,
2019.

•	Initial water quality standards have not yet been approved by EPA.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on August
13, 2019.

Saint Regis Mohawk Tribe

Definition of "waters of the tribe"

•	"Tribal surface water" means all water above the surface of the ground situated
wholly or partly within or bordering upon the exterior boundaries of the Territory,
including but not limited to lakes, ponds, artificial impoundments, streams, stream
reaches, rivers, springs, seeps, and wetlands.432

Definition of "wetlands"

•	"Wetlands" means lands and waters of Akwesasne as shown on the wetlands map and
that are seasonally or permanently flooded by shallow water as well as lands where
the water table is close to the surface; in either case the presence of abundant water
has caused the formation of hydric soils and has favored the dominance of either
hydrophytic or water tolerant plants which are [dependent] upon or tolerant of very
moist conditions. Wetlands may or may not contain species that are of value
culturally to the Mohawks of Akwesasne. Lands that are under active agricultural use

431	Id. at Section 19-6-110 (only relevant portions cited).

432	Saint Regis Mohawk Tribe, Water Quality Standards for the Saint Regis Mohawk Tribe Under the Authority of the Clean
Water Act §303(c), Section II. Available at: https://www.epa.gov/sites/production/files/2014-12/documents/stregis-tribe.pdf.

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that are periodically flooded, soaked, or wet are not considered to be wetlands by
definition.

o Wetlands are comprised of marshes, bogs, swamps and fens supporting
aquatic or semi-aquatic vegetation: i) "Marshes" are wet areas periodically
inundated with standing or slowly moving water and/or permanently
inundated areas characterized by emergent herbaceous vegetation, and to a
lesser extent, anchored floating plants and submergents. ii) "Bogs" are peat
covered areas or peat filled depressions with a high water table and a surface
carpet of acidophilic mosses (chiefly SphagnumO. The water table is at or near
the surface in the spring, and slightly below during the remainder of the year,
iii) "Swamps" are wooded wetlands including both forest swamps and thicket
swamps, with 25% cover or more of tall trees and shrubs. In swamps, standing
to gently flowing waters occur seasonally or persist for long periods on the
surface, iv) "Fens" are peat accumulating wetlands characterized by surface
layers of poorly to moderately decomposed peat, often with well decomposed
peat near the baes. They are generally covered by a dominant component of
sedges although grasses and reeds may be present. Fens receive some draining
from surrounding mineral soil and supports marsh-like vegetation.

v)	"Wooded Wetlands" are wetlands dominated by trees; a forested wetland.

vi)	"Wet Meadows" are grasslands with nearly saturated soil near the surface,
but without standing water for most of the year, vi) "Open Water" refers to
water that is free of emergent vegetation or artificial obstructions.

vii)	"Emergent Wetland" refers to wetlands dominated by mostly herbaceous
emergent vegetation, viii) "Forested Wetlands" are defined by the presence of
trees which mostly cover the site (see, "Wooded Wetlands"), ix) "Scrub/Shrub
Wetlands" exhibit wetland soils and hydrogeology, and are populated largely
by shrubs, bushes or brush which are persistent year to year, x) "Reed
Swamps" refers to marshes dominated by Phragmite (common reed), xi)
"Slough" refers to an elongated marsh often bisected by a creek with slowly
flowing surface water, xii) "Pot Hole" refers to a shallow, marsh-like pond,
xiii) "Peatland" is a generic term for any wetland that accumulates partially
decayed plant matter.433

Other Definitions

•	"Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological wastes, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, and industrial, municipal, and
agricultural waste discharged into water.434

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on October 16,
2002.435

•	Initial water quality standards were approved by EPA on September 14, 2007.

433	Saint Regis Mohawk Tribe, Akwesasne Wetlands Conservation Act (AWCA), Section 01-0103(5).

434	Saint Regis Mohawk Tribe, Water Quality Standards for the Saint Regis Mohawk Tribe Under the Authority of the Clean
Water Act §303(c), Section II.

435	https://www.epa.gov/was-tech/water-aualitv-standards-regulations-saint-regis-mohawk-tribe

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401 Certification

•	Found eligible to administer a water quality certification program (TAS) on October
16, 2002.

404-like Ordinance

•	Permits. 1. After issuance of the official wetlands map, any person desiring to
conduct on wetlands designated on the map any of the regulated activities set forth in
subdivision two of this section must obtain a permit as required by this title. 2.
Activities subject to regulation shall include any form of draining, dredging,
excavation, removal of soil, mud, sand, shells, gravel or other aggregate from any
wetland, either directly or indirectly; erecting any structures, roads, the driving of
pilings, or placing of any other obstructions whether or not changing the ebb and flow
of the water; any form of pollution, including but not limited to, installing a septic
tank, running a stormwater or sanitary sewer outfall, discharging sewage treatment
effluent or other liquid wastes into or as to drain into a wetland; and any other activity
which substantially impairs any of the several functions served by wetlands or the
benefits derived from wetlands which are set forth in section 01-0102(5) of this
article. These activities are subject to regulation whether or not they occur upon the
wetland itself, if, in the discretion of the Environment Division, they inhibit or
otherwise substantially affect the function of the wetlands and/or are located within
100 feet from the boundary of such wetland as indicated on the wetlands map.436

Statements of cultural or spiritual significance of water resources

•	Any loss of wetlands deprives the people of Akwesasne of some or all of the many
and multiple benefits to be derived from wetlands, including, but not limited to: ... e)
education of future generations by providing readily accessible outdoor bio-physical
laboratories, living classrooms and vast training and education resources; f) open
space and aesthetic appreciation by providing areas for hunting, gathering, fishing,
canoeing, bird-watching and camping often in the only remaining open areas along
increasingly crowded river fronts; ... h) support of valuable medicinal plants and trees
of cultural and economic importance including, but not limited to, Heartweed
{Polygonum persicaria) and Black Ash (Fraxinus nigra).437

•	The purpose of these water quality standards is to facilitate sovereign self-
determination and the restoration and preservation of traditional hunting, fishing,
gathering and cultural uses in, on and around Tribal Surface Waters. The
Environment Division is committed to providing cleaner, safer water for all of
creation. These water quality standards will in turn promote the general welfare and
well-being of the community by allowing the Tribe and its members to utilize the
water for traditional, cultural and ceremonial purposes.438

Other Novel Protections

•	The tribe's water quality standards apply to wetlands: 1. All wetlands within the
exterior boundaries of the territory that are not constructed wetlands shall be subject

436	AWCA Section 01-0301.

437	Id. at Section 01-0102(4) (only relevant portions cited).

438	Saint Regis Mohawk Tribe, Water Quality Standards for the Saint Regis Mohawk Tribe Under the Authority of the Clean
Water Act §303(c), Section I.A.

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to the Narrative Criteria (Section IV, subsection 2), Antidegradation (section 2) and
the Saint Regis Mohawk Tribe Wetlands Protection Act. www.srmtenv.org/wetlands.
2. Water quality in wetlands shall be maintained at naturally occurring levels, within
the natural range of variation for the individual wetland, unless otherwise specified
and approved by the Environment Division. 3. Physical and biological characteristics
shall be maintained and protected by: a. Maintaining hydrological conditions,
including hydroperiod, hydrodynamics, and natural water temperature variations; b.
Maintaining the natural hydrophytic vegetation; c. Maintaining substrate
characteristics necessary to support existing and designated uses. 4. Point and
Nonpoint sources of pollution shall not cause destruction or impairment of wetlands
except where authorized under Section 404 of the CWA. 5. Natural wetlands shall not
be used as repositories or treatment systems for wastes from human sources.439

• In the tribe's water quality standards, they have established a designated use for
"ceremonial and spiritual water use," which is the use of water for spiritual and
cultural practices which may involve primary and secondary contact. This shall
include uses of Tribal Surface Waters of a water body to fulfill cultural, traditional,
spiritual, or religious needs of the Tribe or its members.440

s Apache Tribe

303(c) Water Quality Standards

401 Certification

ricla

Definition of "navigable waters"

• The term "navigable waters" means the waters of the United States, including the
territorial seas.442

Definition of "waters of the Reservation"

439 Id. at Section IV.F.

440 Id. at Section II and Section VI.

441 https://www.epa.gov/was-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

442 Seminole Tribe of Florida, Tribal Water Code, Subtitle B, Water Quality Code, Section 11.6.

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•	The term "Reservation surface waters" means "waters of the United States" that are
located within the boundaries of the Tribe's Reservations specified in Section 11.2 of
this Chapter. This term specifically includes wetlands.443

Definition of "wetlands"

•	The term "wetlands" means those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs and
similar areas.444

Other Definitions

•	The term "discharge of a pollutant" and the term "discharge of pollutants" each
means (A) any addition of any pollutant to navigable waters from any point source,
(B) any addition of any pollutant to the waters of the contiguous zone or the ocean
from any point source other than a vessel or other floating craft.445

•	The term "pollutant" means dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial,
municipal, and agricultural waste discharged into water. This term does not mean (A)
"sewage from vessels" within the meaning of Section 312 of the Act; or (B) water,
gas or other material which is injected into a well to facilitate production of oil or gas,
or water derived in association with oil or gas production and disposed of in a well, if
the well is used either to facilitate production or for disposal purposes, has been
approved under authority of the federal Safe Drinking Water Act or other applicable
federal law, and if such Commission determines that such injection or disposal will
not result in the degradation of ground or surface water resources.

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on June 1,
1994.446

•	Initial water quality standards for the Big Cypress Reservation were approved by
EPA on September 26, 1997. Initial water quality standards for the Brighton
Reservation were approved by EPA on November 18, 1998.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on June 1,
1994.

Other Novel Protections

•	The tribe's water quality standards for wetlands are to be taken into consideration for
permits:

o ISSUANCE OF PERMITS. Each permit issued by the Commission pursuant
to subsection 3.5.8 of Subtitle A shall impose such conditions as may be

443	id.

444	id.

445	id.

446

https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-seminole-florida.

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necessary to ensure that the permit will not result in a violation of water
quality standards that have been validly adopted by the Commission. Each
annual report to the Council that is approved by the Commission shall include
a report on the Commission's experience in exercising its existing permitting
authority and shall present recommendations to the Council on whether the
delegation of additional permitting authority would help to achieve the goals,
policies and purposes of this Subtitle.447
o The Commission is authorized to include in its rules any provisions that the
Commission deems necessary or advisable to carry out this subtitle, including
but not limited to: a procedure through which an applicant for a federal license
or permit to conduct any activity that may result in a discharge to surface
waters, including wetlands, may apply to the Director for certification,
pursuant to section 401 of the Clean Water Act, that any such discharge will
comply with the Tribe's water quality standards and other requirements of the
Clean Water Act.448
o CONDITIONS FOR PERMITS ISSUED BY THE COMMISSION. The
Department shall provide scientific and technical support to the Commission
in specifying conditions to include in any permit issued by the Commission
pursuant to subsection [3.6] of Subtitle A of this Code to ensure that the
permit will not result in a violation of the Tribe's water quality standards.449

• APPLICATION FOR PERMIT. 1. Any person who intends to dig a well or use, drain
or divert surface or ground waters of the reservation or Tribal Trust Lands, unless the
person intending to engage in such activity is already a tribally licensed user under
Section 1.4 of this Code for such activity, must apply for a permit to dig a well or
engage in such activity, before digging the well or engaging in the activity. ... 3. The
Director may require additional information sufficient to determine whether the
proposed use, well or drainage or diversion presents any threat to the health or safety,
or to the economic interests, of the Tribe or any member thereof, or to the water,
water resources or physical environment or the reservation or Tribal Trust Lands.450

CCCCCC. Seneca Nation of Indians

303(c) Water Quality Standards

• Application under review; notice issued November 8, 2018. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.451

401 Certification

447 Seminole Tribal Water Code, Subtitle B, Section 12.2.5.

448 Id. at Section 12.3.1.2 (only relevant portions cited).

449 Id. at Section 13.4.5.

450 Seminole Tribe of Florida, Tribal Water Code, Subtitle A, Beneficial Use and Conservation of Water Resources, section 3.6.3
(only relevant portions cited). Available at: https://www.semtribe.com/STOF/docs/default-source/environmental-resource-
management/seminole-tribal-water-code/subtitle-a-beneficial-use-and-conservation-of-water-resources.pdf?sfvrsn=77d7845a 6.

451 https://www.epa.gov/was-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

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•	Application under review; notice issued November 8, 2018. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.

/ater Bay Indian Tribe

Definition of "waters of the tribe"

•	"Waters of the tribe" means all streams, lakes, ponds, marshes, wetlands, salt water,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems,
draining systems, and all other bodies or accumulations of water, surface and
underground, natural or artificial, public or private, which are contained within, flow
through, or border upon: (1) The lands, wetlands and tidelands within the exterior
boundaries of the Shoalwater Bay Indian Reservation; (2) Any lands, wetlands or
tidelands outside the exterior boundaries of the reservation which are held in fee by
the Shoalwater Bay Tribe or held in trust by the United States government for the
benefit of the Shoalwater Bay Tribe or its individual members; or, (3) Any lands
wetlands or tidelands deemed Shoalwater Bay "Indian Country" as defined in 18
U.S.C. § 1151.452

Definition of "wetlands"

•	"Wetlands" means those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include tidelands, swamps, marshes,
bogs, and similar areas. Wetlands shall be defined using definitions and criteria
currently used by the Army Corps of Engineers in their Wetland Manual.453

Other Definitions

•	"Pollutant" includes, but is not limited to, dredged spoil, dirt, slurry, solid waste,
incinerator residue, sewage sludge, garbage, trash, dead animals, chemical waste,
hazardous substance, pesticide, biological nutrient, biological material, radioactive
material, heat, wrecked or discarded equipment, oil, battery acid, gasoline, paint,
solvents, rock, sand, sediment or any industrial, municipal, or agricultural waste, and
any other substance which causes pollution as defined in section 23.02.130, and/or
any "solid waste" as that term is defined in the Solid Waste Disposal Act at 42 U.S.C.
§ 6903 (27).454

402-like and 404-like Ordinance

•	Permit Required for Certain Activities. All persons conducting any of the following
activities within the boundaries of the Shoalwater Bay Indian Reservation shall be
required to obtain a permit, and fill out an environmental checklist, from the
Shoalwater Tribe for the purposes of: a) Site preparation for the construction of a

452	Shoalwater Bay Indian Tribe, Tribal Code, Title 23 Environmental Infractions Ordinance, Section 23.02.230. Available at:
https://www.shoalwaterbav-nsn.gov/assets/PDFs/Law—Order-Codes/SHO-TITLE-23-Environmental-Infractions-2Q01.pdf.

453	Id. at Section 23.02.240.

454	Id. at Section 23.20.120.

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building in an area for the purpose of human habitation, business use, or public area;
b) Timber harvesting; c) Road construction or repair and right of way maintenance; d)
Construction or repair of culverts and drainage ditches; e) Construction of any water
or flood related project, including any project within the tidelands of the Shoalwater
Bay Reservation; f) Any project of a permanent or temporary nature which interferes
with the normal public use of the surface waters within the exterior boundaries of the
Shoalwater Bay Reservation; g) Dredging, drilling, dumping, filling, removal of sand,
gravel, soil, or other minerals, bulkheading, diking, riprapping, or pile driving, [sic]
h) Spraying or other application of pesticides and herbicides, except for use by single
family residences so long as used in compliance with the label requirements and so
long as such use does not directly impact other members of the Shoalwater Bay Tribal
Community; i) Clearing and grading activities; and j) All other activities determined
by the [Shoalwater Bay Environmental Protection Department (SBEPD)] to likely
have an adverse impact on the tribal natural environment.455

•	Tribal General Permits (TGPs). The SBEPD shall develop Tribal General Permits
(TGPs) for use for certain activities. The TGP shall establish the conditions under
which certain activities may be conducted on the lands and waters of the Shoalwater
Bay Tribe without the requirement that the person carrying out those activities obtain
a specific permit under section 23.03.010 of this ordinance.456

•	"Significantly Affecting the Environment." The determination of whether an activity
will significantly affect the environment shall be made in the context of Shoalwater
Bay culture and values. Factors to be taken into consideration in making this
determination include: a) The degree to which the proposed activity will adversely
impact—a) Water quality or quantity; 2) Threatened or endangered species habitat; 3)
The health and safety of the Shoalwater Bay people; 4) The tidelands and/or wetlands
of the Reservation; and, b) The extent to which the proposed activity: 1) Is considered
controversial or risky by the community; 2) Is a potential, or actual, violation of
federal environmental statutes or regulations, or Tribal law; and 3) Has the potential
to impact cultural resources, known or unknown.457

•	Any person who excavates, dredges, fills, or alters the watercourse of any waters of
the Tribe, or any waters of the United States, including wetlands and tidelands,
without a permit, or in violation of the terms of a permit from the Tribe has
committed a Class A infraction.458

Other Novel Protections

•	See the Shoalwater Bay Indian Tribe's general water quality standards, which apply
to proposed activities under the Ordinance and include subsections for natural
character preserved, natural buffers [for tidelands and wetlands], water quality, flood

455	Id. at Section 23.03.010.

456	Id. at Section 23.03.020.

457	Id. at Section23.03.110.

458	Id. at Section 23.06.010. See also Section 23.06.020 ("Any person who excavates, mines, drains, road builds

or engages in any other earth removal or disposition project on any wetlands, tidelands, or other lands of the Tribe without a
permit, or in violation of the terms of a permit, from the Tribe has committed a Class A infraction") and Section 23.060.040
("Any person who uses fill material to accommodate any development activity without a tribal permit insuring that such fill will
not alter or prohibit the natural flow of surface or ground water has committed a Class A infraction").

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proofing, erosion control, use of fill, clearing and grading, sewage disposal/drinking
water, and herbicides/pesticides.459

shone-Bannock Tribes

303(c) Water Quality Standards

•	Found eligible to administer a water quality standards program (TAS) on September
5, 2008.460

•	Initial water quality standards have not yet been approved by EPA.

401 Certification

•	Found eligible to administer a water quality certification program (TAS) on
September 5, 2008.

shone-Paiute Tribes

303(c) Water Quality Standards

•	Application under review; notice issued May 22, 2018. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.461

401 Certification

•	Application under review; notice issued May 22, 2018. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.

Oyate of the Lake Traverse Reservation

Definition of "waters of the reservation"

• "Reservation Waters" or "Waters" is defined as all waters, surface or subsurface,
arising upon, occurring within or flowing through the Lake Traverse Reservation
lands including, without limitation, all waters within the jurisdiction of the Sisseton
Wahpeton Oyate under the 1867 Treaty, including all streams, lakes, ponds,
impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems and all other bodies or accumulations of water, surface and
underground, natural or artificial, public or private, situated wholly or partly within or
bordering upon the Lake Traverse Reservation, but not waste treatment systems,
including treatment ponds or lagoons designed to meet the requirements of the CWA
other than cooling ponds as defined in 40 CFR 423.1 l(m) (July 1, 1991).462

459	Id. at Section 23.03.340.

460	https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-shoshone-bannock-tribes.

461	https://www.epa.gov/wqs-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

462	Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, Tribal Code, Chapter 61 Environmental Protection Code, Title
III, Water Quality, Section 61-03-05 (n). Available at https://www.narf.org/nill/codes/sisseton wahpeton/Chapter61 .pdf.

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Other Definitions

• "Activity" or "activities" means a portion of an action that includes: (1) any
significant disturbance of land surface or subsurface within the Reservation; and (2)
any other significant disturbance within the Reservation, including research projects,
that impact water, domestic and wild animals, air, plants or humans, their facilities
and/or cultural, spiritual or historical sites and objects.463

• "Discharge" or "discharge of pollutant" is defined as any addition of an identifiable
substance or a pollutant or combination of pollutants to waters from any point

464

source.

• "Environmental permit (permit)" means the document issued by [the Office of
Environmental Protection (OEP)] to applicants after environmental review that will
contain the permission to proceed with the action and any required special conditions
or mitigations; or issued as a categorical exclusion.465

• "Pollutant" means any substance or energy entering the environment as a direct or
indirect result of human activity that alters or has the potential to alter the physical,
chemical, biological, cultural, spiritual, or aesthetic properties of the environment.466

• "Pollutant" or "Pollutants" is defined as dredged soil, slurry, solid waste, incinerator
residue, garbage, sewage sludge, munition, chemical wastes, biological material,
radioactive material, heat, wrecked or discarded equipment, rock, cellar dirt and
industrial, municipal, or agricultural waste discharged into water.467

• "Reservation environment" means the physical and biological resources of the Tribe
within the original boundaries of the Reservation, including but not limited to land,
water, air, minerals, cultural, spiritual or historical sites, objects, humans, animal and
plant life and aesthetic values.468

402-like and 404-like Ordinance

• Unlawful Acts. Except as may be permitted under this Title, no person shall cause or
allow the discharge of any pollutant from a point source or nonpoint source that
reduces the quality of the waters of the Lake Traverse Reservation to below the
standards established pursuant to established OEP regulations and this Title. No
person shall violate the terms and conditions of any pollution discharge or activity
permit or regulation issued pursuant to Title III.469

• Permit to Degrade Reservation Waters. Upon petition in accordance with this title, the
OEP shall, in agreement with the public hearing procedures, decide whether to issue a
permit to conduct an activity that will cause or allow the discharge of a pollutant into
any body of reservation water for which water quality standards are established. If an
applicant seeks a point source discharge permit, he shall include the request for water
quality degradation in the permit application.470

463 Id. at Title II Tribal Environmental Policy Act, Section 61-02-02 (b).

464 Id. at Section 61-03-05 (f).

465 Id. at Section 61-02-02 (e)(5).

466 Id. at Section 61-02-02 (h).

467 Id. at Section 61-03-05 (1).

468 Id. at Title I General and Administrative Provisions, Section 61-01-04 (m).

469 Id. at Section 61-03-06.

470 Id. at Section 61-03-09.

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•	Every person seeking to conduct an activity defined by §61-02-02(b) shall submit a
permit application to OEP.... (c) All persons, entities, or agencies conducting any of
the following activities within the exterior boundaries of the Reservation shall be
required to obtain an environmental permit prior to taking any physical action upon
the environment: (1) Preparation of a site for the construction of a building or area for
purposes of human habitation, business use, or public area; (2) Construction,
placement, or expansion of any structure to be used for industrial, commercial, or
residential purposes; (3) Construction, placement, or expansion of any public or
private road or bridge, right of way, transportation facility, or public facilities of any
nature; or (4) Other activities such as constructing dams and timber harvest; and other
potential ground or air disturbing activities.471

•	Permit Limitations, Conditions and Mitigation.... (b) In issuing a permit, OEP may
include conditions and mitigation requirements to reduce, prevent, or mitigate
significant adverse impacts and to protect the Reservation environment from
degradation. Mitigation may include monetary compensation to the Tribe or others
for adverse impacts to the Reservation environmental and natural resources, and may
also include requirements of replacement or restoration of impacted resources.472

komisli Ii

Definition of "wetlands"

•	"Wetlands" and "wetland areas" mean lands transitional between terrestrial and
aquatic systems where the water table is usually at or near the surface, or the land is
covered by shallow water. Wetlands have one or more of the following attributes: (1)
At least periodically, the land predominantly supports hydrophytes. (2) The substrate
is predominantly undrained hydric soil. (3) The substrate is non-soils and is saturated
with water or covered by shallow water at some time during the growing season of
each year.473

Other Definitions

•	"Buffer" means a quantifiable area of land adjacent to a critical area (streams,
wetlands, marine shorelines, erosion hazard areas) that protects the functions and
values of a critical area.474

402-like and 404-like Ordinance

•	When [SKEPA Permits Are] Required. Any person conducting an activity within the
boundaries of the Reservation or with the boundaries of Tribal Trust land outside of
the Reservation shall be required to obtain a Skokomish Environmental Protection
Act (SKEPA) Permit from the Skokomish Department of Natural Resources.
Activities requiring a permit include, but are not limited to, the following: (a)
Preparation of a site for the construction of a building or area for purpose of human

471	Id. at Section 61-02-04.

472	Id. at Section 61-02-07.

473	Skokomish Indian Tribe, Skokomish Tribal Code (S.T.C), Title 6 Land Use and Natural Resources, S.T.C. 6.03 Skokomish
Environmental Protection Act, Section 6.03.116(t). Available at: http://www.skokomish.org/wp-content/uploads/2017/07/STC-
6.03.pdf.

474	Id. at Section 6.03.116(a)

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habitation, business use, or public use; (b) Construction of any structure and
construction that expands the square footage of the exterior of an existing structure by
more than 100 square feet or has clearing, grading, and/or land disturbing
components; (c) Conduct of a business operation; (d) Road construction or repair, and
right-of-way maintenance; (e) Construction or repair of culverts and drainage ditches;
(f) Construction of any water or flood-related project, regardless of the nature or
extent of the construction activity; (g) Any project of a permanent or temporary
nature that interferes with the normal public use of the surface of the waters overlying
lands within the Reservation at any state of water level; (h) Dredging, drilling,
dumping, removal of sand, gravel, or minerals, bulkheading, diking, riprapping, or
driving of piling; (i) Timber harvesting on lands not designated as forest lands; (j)
Spraying or other application of pesticides and herbicides, except for use by single
family residences using non-commercial grade products; (k) Clearing, grading, or
other land disturbing activity; (1) Storage, application, disposal, or incineration of
solid waste and/or hazardous materials as defined within the Resource Conservation
Recovery Act, 42 U.S.C. § 6992 et seq. (m) Other activities prohibited or restricted
pursuant to regulations promulgated by the Department under this Act.475

Other Novel Protections

• Natural Buffers. All activities must leave undisturbed, natural, vegetated buffers
adjacent to rivers, streams, and wetlands. Construction, accessory uses, septic tanks,
and agriculture are prohibited within the buffer. Timber harvesting is prohibited
within the buffer, except those trees that have naturally fallen across a waterway or
are deemed a danger, which may be removed upon prior authorization from the
Director. A buffer of 150 feet shall remain adjacent to all fish-bearing streams,
including the Skokomish River and Skabob Creek. A buffer of 100 feet shall remain
adjacent to all non-fish-bearing streams. The Tribal Council may increase or decrease
the size of a buffer for a particular activity in order to meet other goals, purposes, and
standards of this Act or other applicable law. Buffers shall be measured landward
from the channel migration zone or the ordinary high water mark, whichever is
greater. Buffers adjacent to a stream or river shall be left on both sides of the
waterway.476

• Estuarine and/or Near Shore Marine Shoreline Setback. Structures or activities that
are not water-dependent uses shall be located inland, at least 250 feet from the mean
high water level, when practicable.477

• Flood Proofing. No activity shall be located in areas subject to flooding or tidal
inundation unless complete flood-proofing measures have been implemented, and
then only when the location of the structure will not aggravate flooding potentials of
the nearby properties. Structures within the 100-year flood plain must comply with
federal flood-proof standards necessary to obtain federal flood insurance, whether
flood insurance is obtained or not.478

• Erosion Control, Clearing, and Grading. An erosion control plan must be approved
prior to issuance of a permit under this Act for any activity that poses a risk of erosion

475 Id. at Section 6.03.145.

476 Id. at Section 6.03.122.

477 Id. at Section 6.03.125.

478 Id. at Section 6.03.128.

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during or after construction. No earth or debris resulting from the activity shall be
allowed to enter streams, lakes, or marine waters. No activity shall contribute to
foundation instability or mass soil movement. All clearing, grading and land
disturbing activities must be designed to minimize impact to the environment.479

• Use of Fill. Use of fill material is permitted only upon prior approval by the Director.
If an activity uses fill material to accommodate the activity, the Director may require
a professionally licensed engineer to certify that the fill will not alter or impede the
natural flow of surface water or groundwater, or present a geologic hazard. There
shall be no excavation or filling of stream channels or lakes, or alteration of stream
courses unless required for a project that would enhance the biological productivity of
the aquatic environment, in which case it will be a conditional use.480

• Herbicides and Pesticides. Application of herbicides and pesticides is prohibited
except for: (a) Conditional permits that may be issued for agricultural (including tree
farming) and residential applications, but only when no reasonable alternative is
available to control pests or invasive plant growth; and (b) Single family residences
using non-commercial grade products.481

qualmie I

Definition of "waters of the Tribe"

• "Waters of the Tribe" include all those water resources held by the Tribe, by the
United States in trust for the Tribe or by Snoqualmie Tribal members that satisfy the
federal definition of "Waters of the U.S." that is found in 40 CFR 122.2, and
generally include all lakes, rivers, streams (including intermittent and ephemeral
streams), natural wetlands, sloughs, and ponds located within and that flow on,
across, or adjacent to Snoqualmie Tribal lands.482

Definition of "wetlands"

• "Wetlands" mean those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs and
similar areas. See 40 C.F.R. Part 230.3(t). This includes lands where saturation with
water is a dominant or predominant factor in determining the nature of soil
development and the types of plant and animal communities living in the soil and on
its surface, including, but not limited to, native plants and species.483

Other Definitions

• "Constructed wetlands" means those wetlands intentionally designed, constructed,
and operated on upland, non-wetland sites for the primary purpose of wastewater or

479 Id. at Section 6.03.129.

480 Id. at Section 6.03.130.

481 Id. at Section 6.03.132.

482 Snoqualmie Indian Tribe, Tribal Council Act 6-1, An Act Relating to Surface Water Resources Management, Section 5.0.

483 Id.

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storm water treatment or environmental remediation. Constructed wetlands are not
considered waters of the Tribe.484

402-like and 404-like Ordinance

•	The Tribe intends to eliminate both point and nonpoint sources of pollutants. To
achieve that goal, the Tribe shall require surface water discharge permits that will
impose necessary regulatory pollution controls. Any such controls incorporated into a
surface water discharge permit shall be established by the Tribe and must be
developed to ensure a level of water quality that will satisfy water quality standards
and support designated use classifications as determined by the Tribe. Regulatory
pollution controls established for point and nonpoint sources shall be consistent with,
or more protective than, applicable portions of the Federal Clean Water Act, 33
U.S.C. § 1251 etseq. ... The Tribe desires to regulate activities involving the
placement of dredged or fill material into waters of the Tribe. This shall be
accomplished through the surface water discharging program.485

•	The provisions of this Chapter shall apply to all existing and proposed point and
nonpoint pollution sources that discharge directly or indirectly into surface or ground
waters of the Tribe, and to all activities which have the potential to affect cultural,
ceremonial, religious, fishery, seasonal residential, public health and safety, water
quality and other fundamental interests of the Tribe, including such activities
conducted by non-members of the Tribe or on privately owned lands. Activities to be
regulated hereunder include, but are not limited to: (a) Landfills and open dumps; (b)
Storage of animal waste; (c) Automobile graveyards and junkyards; (d) Landfilling of
sludge or septic system waste; (e) Individual, residential, industrial, commercial or
agricultural sewage treatment facilities; (f) Individual, residential, industrial,
commercial, fire protection, or agricultural water control devices including but not
limited to treatment facilities or systems, dams, reservoirs, ponds, pools, tanks, wells,
pipelines, flumes, canals and intake or diversion systems; (g) Underground and
above-ground liquid storage containers; (h) Surface and subsurface removal of
mineral resources, overburden, rock or soil, including quarry operations (borrow
pitting) for road surfacing or other uses; (i) All prospecting activities involving
removal of soil or rock materials, including operations involving the reopening of
existing mine pits, tunnels or quarries; (j) Sand and gravel operations; (k) Activities
such as suction dredging, that have the potential to affect the riparian area, including
wetland areas and riparian habitat, water quality or channel morphology; (1) Activities
such as clearing vegetation in wetlands and buffers that have the potential to affect
water temperature; (m) Activities that prevent fish passage to upstream habitat; (n)
Potential non-point source pollution problem areas including soil disturbing activities
such as agricultural, mining, construction, urban runoff, silviculture, salt water
intrusion, hydrological modification and residential activities; (o) Activities likely to
result in the placement of dredged and/or fill material into waters of the Tribe; and (p)
Application of herbicide, insecticide or other pesticide or toxic materials or fertilizer
for non-domestic use, in conjunction with Tribal pesticides policies, including
applicable code provisions.486

484	id.

485	Id. at Section 3.0.

486	Id. at Section 4.0.

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• The purpose of the surface water permitting program is to promote tribal health,
safety and welfare by providing for the comprehensive management, and elimination
or avoidance of discharges to surface waters of the Tribe. The program is designed to
reduce flooding, erosion, sedimentation; prevent and mitigate habitat loss; enhance
groundwater recharge; and prevent water quality degradation. These goals are
achieved through the implementation of comprehensive and thorough permit system,
which includes inspection, enforcement, and maintenance measures intended to
promote the effectiveness of the requirements contained in this section.487

• Surface Water Discharge Permit for Soil Disturbing Activities. All entities and
persons (hereafter called "operators") conducting soil disturbing activities on
Snoqualmie Tribal lands must apply for a surface water discharge permit. ,..488

• Storm Water Pollution Prevention Plan. The ENR Department shall direct an operator
to develop a Storm Water Pollution Prevention Plan ("SWPPP") as part of any permit
application for a surface water discharge permit for a soil disturbing activity... ,489

• Section 6.13.5, "Surface Water Discharge Permit for Point Sources," is reserved.
Section 6.13.6, "Surface Water Discharge Permit for Dredged and Fill Material" is
also reserved.

• Conditional permits for the application of herbicides and pesticides may be obtained
from the ENR Department, as well.490

• The ENR Department has discretionary authority to establish a wetlands and riparian
mitigation planning and permit system that incorporates mitigation options, and to
implement and coordinate the Tribe's no-net loss of wetlands policy pertaining to
traditional areas. This discretionary authority includes implementing on Snoqualmie
Tribal lands a strategic hierarchy of avoidance, minimization, and mitigation, as well
as establishing and revising a wetlands ratings system, on site mitigation, such as
buffer averaging and/or ratios, and off-site mitigation options, including ratios for
acceptable mitigation, and/or mitigation banking, in providing equivalent riparian
protection an incentive for on-site avoidance or mitigation, and coordinating with
efforts in traditional areas for wetlands and riparian protection, restoration, and
mitigation.491

Other Novel Protections

• Buffer Designation. The ENR Department is authorized to establish buffers for all
waters of the Tribe, and appropriate exemptions or mitigation measures, and to
recommended buffers on streams within the aboriginal territory of the Snoqualmie
Tribe. Generally, buffers for waters of the Tribe will be set at 300 feet, but exceptions
as noted in Table 1 may apply. The buffer distance in feet shall be measured from the
ordinary high water mark on each bank of the water body and may extend out the
distance in Table 1 from both sides of the water body. A minimum buffer width of
300 feet shall be required for wetlands with important wildlife functions such as
habitat used heavily by migratory birds or threatened or endangered species
regardless of the water body type. ... No activities that the ENR Department finds

487 Id. at Section 6.13.1.

488 Id. at Section 6.13.2 (only relevant portions cited).

489 Id. at Section 6.13.3 (only relevant portions cited).

490 Id. at Section 6.13.7.

491 Id. at Section 6.4.4 (only relevant portions cited).

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degrade the water body's habitat, temperature, water quality and ecological function
shall be conducted within the buffer width. These activities include but are not limited
to: roads and road building, land clearing and grading, soil disturbing activities,
storage of hazardous and non hazardous materials, or any other activity that would
remove vegetation and diminish the functionality of the buffer.492

o The ENR Department has the authority to establish appropriate zoning and
buffers for wetlands protection. A 300 foot buffer around wetlands and
riparian areas is hereby generally required.493

• The Tribe has established water quality standards for wetlands: All wetlands on
Snoqualmie Tribal lands which are not constructed wetlands are considered waters of
the Tribe, and shall be subject to narrative criteria, applicable antidegradation and
riparian management provisions. It shall be the goal of the Tribe to maintain the water
quality of wetlands at naturally occurring levels, within the natural range of variation
for the individual wetland. For substances that are not naturally occurring, water
quality requirements shall be based on protecting existing uses of the wetland
consistent with anti degradation requirements, the Tribe's narrative water quality
criteria, or criteria assigned to hydrologically connected surface waters, or appropriate
criteria guidance issued by the EPA.494

Statements of cultural or spiritual significance of water resources

• In the Tribe's water quality standards, they have established a designated use for
cultural uses. Waters in this classification are intended for cultural, religious, or
traditional use.495

JJJJJJ. Sok imunity

Definition of "waters of the tribe"

• "Tribal waters" means all waters upon and under the Sokaogon Chippewa
Community Tribal Lands at any and all points in the hydrologic cycle as provided by
the Clean Water Act.496

Definition of "wetlands"

• "Wetlands" means areas that are inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, and that under normal circumstances
do support, hydrophytic vegetation typically adapted for life in saturated soil
conditions, such as algae and cattails.497

Other Definitions

492 Id. at Section 6.4.4 (only relevant portions cited). See also Table 1.

493 Id. at Section 6.10.

494 Id.

495 Id. at Section 6.11 (d).

496 Sokaogon Chippewa Community, Water Quality Standards, Section V. July 30, 2010. Available at
https://www.epa.gov/sites/production/files/2014-12/documents/molelakeband-was.pdf.

497 Id.

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• "Pollutant" means any substance, chemical, chemical breakdown product, plus heat,
the presence of which in the environment is the direct or indirect result of a human
activity.498

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on September
29, 1995.499

• Initial water quality standards were approved by EPA on January 22, 1996.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on
September 29, 1995.

Statements of cultural or spiritual significance of water resources

• Water has always been an integral and sacred part of the Sokaogon people's survival,
identity and culture. Water is the life-supporting blood of Mother Earth that human
beings share in common with all living things. The purpose of this ordinance is to
protect the health and welfare of the Sokaogon people and the integrity of tribal
aquatic natural and cultural resources by enacting policy, procedures, criteria and
standards for Tribal Waters to maintain ambient water quality by prohibiting any
permanent, detectable alteration or degradation of Tribal Waters.500

• In the tribe's water quality standards, they have established a designated use for
cultural uses, which means use of all Tribal Waters for cultural, subsistence, spiritual,
medicinal, ceremonial, and aesthetic purposes that include any element of the
environment that is ecologically associated with Tribal Waters.501

• The [Sokoagon Chippewa Community] has depended on the ability of Tribal Lands
and Tribal Waters to provide basic cultural preservation, religious practice, and
abundant natural resources for consumption, subsistence, sustainable economic
development, and sociological health.502

• Wild Rice {Zizaniapalustris) is defined as a cultural and natural resource of the
Sokaogon people that has sustained their subsistence for over 300 years. The
Sokaogon Chippewa Community reservation was designated with a 600-acre wild,
rice lake as its centerpiece.503

Southern Lite In<

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on March 28,
2018.504

• Initial water quality standards have not yet been approved by EPA

498 id.

499 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-mole-lake-band-lake-superior-tribe-chippewa-indians.

500 Sokaogon Chippewa Community, Water Quality Standards, Section I.B. [151.01],

501 Id. at Section II.B.l. [151.11],

502 Id. at Section IV.

503 Id. at Section V.

504 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-southern-ute-indian-tribe

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401 Certification

• Found eligible to administer a water quality certification program (TAS) on March
28th, 2018.

LLLLLL. kane Tribe

Definition of "waters of the Tribe"

• "Surface waters of the Tribe" includes lakes, rivers, ponds, streams (including
intermittent streams), wetlands, inland waters and all other surface waters and water
sources of the Reservation.505

Definition of "wetland"

Other Definitions

• "Constructed wetlands" means those wetlands intentionally created from non-wetland
sites for the sole purposes of wastewater or stormwater treatment.

• "Engineered wetlands" means wetlands intentionally altered from their natural
condition for the purpose of enhancing the wetlands' ability to filter wastewater or

S07

storm water.

• "Pollutant" includes, but is not limited to, dredged spoil, solid waste, incinerator
residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical waste,
biological materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt, and industrial, mining, milling, municipal, and agricultural
waste discharged into water.508

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on July 23,
2002.509

• Initial water quality standards were approved by EPA on April 22, 2003.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on July 23,
2002.

Statements of cultural or spiritual significance of water resources

• The purposes of these water quality standards are: to restore, maintain and protect the
chemical, physical, biological, and cultural integrity of the surface waters of the

505 Spokane Tribe, Surface Water Quality Standards, Section 2. Resolution 2010-173. February 25, 2010. Available at
https: //www, epa. go v/sites/production/files/2014-12/documents/spokane-tribe-wq s.pdf.

506 Id.

S01Id.

50SId.

509 https://www.epa.gov/was-tech/water-aualitv-standards-regulations-spokane-tribe-indians

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Spokane Indian Reservation; to promote the health, safety, welfare, and economic
well-being of the Spokane Tribe, its people, and all the residents of the Spokane
Indian Reservation; to achieve a level of water quality that provides for the protection
and propagation of fish and wildlife, for recreation in and on the water, and for all
existing and designated uses of the water; to promote the holistic watershed approach
to management of the Reservation's water; and, to provide for protection of
threatened and endangered species.510

•	In the tribe's water quality standards, they have established a designated use for
"cultural water use," which means the use of waters to support and maintain the way
of life of the Spokane Tribal People, including, but not limited to: use for instream
flow, habitat for fisheries and wildlife, and preservation of habitat for berries, roots,
medicines and other vegetation significant to the values of the Spokane Tribal
People.511

Other Novel Protections

•	The tribe has established water quality standards for wetlands: (1) All wetlands within
the reservation which are not constructed or engineered shall be subject to the
Narrative Criteria (Section 5) and Toxic Pollutants Criteria (Section 6) provisions of
this chapter. (2) Water quality in wetlands shall be maintained at naturally occurring
levels: within the natural range of variation for the individual wetland. (3) Physical
and biological characteristics shall be maintained and protected by: (a) Maintaining
hydrological conditions, including hydroperiod, hydrodynamics, and natural water
temperature variations; (b) Maintaining vegetation; and, the natural hydrophytic (c)
Maintaining substrate characteristics necessary to support existing and designated
uses. (4) Wetlands shall not be used in lieu of stormwater treatment, except as
specified by number (7) below. Stormwater shall be treated before discharge to a
wetland. (5) Point and nonpoint sources of pollution shall not cause destruction or
impairment of wetlands except where authorized under Section 404 of the CWA. (6)
Wetlands shall not be used as repositories or treatment systems for wastes from
human sources, except as specified by number (7) below. (7) Wetlands intentionally
created from non-wetland sites or by enhancing naturally-occurring wetlands for the
sole purpose of wastewater or stormwater treatment (constructed or engineered
wetlands) are not considered "surface waters of the tribe" and are not subject to the
provisions of this section.512

MMMMMM. " ck'fc	, nmunity

Definition of "waters of the tribe"

•	"Waters of the Reservation" means all streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, irrigation systems, drainage systems, and all other bodies
or accumulations of water, surface and underground, natural or artificial, public or
private, which are contained within, flow through, or border upon this federal Indian
reservation or any portion thereof, except that bodies of water confined to and

510	Spokane Tribe, Surface Water Quality Standards, Section 1.

511	Id. at Section 2.

512	Id. at Section 12.

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retained within the limits of private property which do not develop into or constitute a
nuisance, or a public health hazard, or a menace to fish and wildlife, shall not be
considered to be "waters of the reservation" under this definition.513

Other Definitions

• "Pollutant" means dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage,
sewage sludge, garbage, trash, chemical waste, biological nutrient, biological
material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or
any industrial, forestry, municipal, or agricultural waste.514

• "Permit" means a permit issued under this article.515

402-like and 404-like Ordinance

• (A) No person shall discharge any pollutant into any reservation water from a point
source without first having applied for, nor after December 31, 1988, without having
obtained a permit from the Division for such discharge. Each application for a permit
duly filed under the federal Clean Water Act shall be deemed to be a permit
application filed under this Article, and each permit issued pursuant to the Federal
Act shall be deemed to be a temporary permit issued under this Article which shall
expire when the federal permit expires. (B) The Tribe shall examine applications for
and may issue, suspend, revoke, modify, deny, and otherwise administer permits for
the discharge of pollutants into reservation waters. Such administration shall be in
accordance with the provisions of this Article and regulations, if any, promulgated by
the Tribe. (C) The Tribe shall promulgate such regulations as may be necessary for
the orderly and effective administration of permits for the discharge of pollutants.

516

• General Provisions:

o Streambed Alteration. (A) Alteration work shall not be permitted within the
high water mark of any stream without receiving a permit from the Tribal
Council. .. .(B) There shall be no heavy equipment allowed within the
confines of any stream. In-stream work shall be completed with equipment
situated out of the stream channel.517
o Lakeshore Management. (A) A permit is required by any person who proposes
to do any work which will alter or diminish the course, current, or cross
sectional area of a lake or its lakeshore. Without limitation, the following
activities are, when conducted below mean annual high water elevation,
examples of work for which a permit is required. Construction of channels
and ditches; dredging of lake bottom areas to remove muck, silt, or weeds;
lagooning; filling; constructing breakwaters or pilings, wharves, and docks.518
o Obstructions to Fish Passage. (A) No object may be built in or across a stream
that will block or inhibit the free passage of fish past that point. (B) Any
person proposing such work must submit a written project proposal to be

513 Stockbridge-Munsee Tribal Law Water Pollution Control, Section 34.2(B). Available at: https://www.mohican.com/mt-
content/uploads/2015/11/ch-34-water-pollution-control.pdf.

514 Id. at Section 34.2(E).

515 Id. at Section 34.2(G).

516 Id. at 34.24.

517 Id. at Section 34.39.

518 Id. at Section 34.41.

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reviewed by the Tribal Council in conjunction with the U.S. Fish and Wildlife
Service, Bureau of Indian Affairs, or other appropriate parties at a public
meeting. If approval is received, and a permit granted, permit conditions must
be adhered to which will facilitate the passage of fish.519
o Forestry. (A) Effective December 31, 1988, forest logging shall be prohibited
within an area within ten (10) chains (660 feet) of the bank of any reservation
stream determined by the Tribe to have the potential to support a population
of fishes or which serves as a spawning ground for the same. (B) Logging
roads shall be prohibited within the area described in subsection (A) except
for permitted activities under subsection (C).520
o Oil & Gas Recovery Activities, Surface Mining. (A) Effective December 31,
1988, oil and gas exploration and recovery activities (underground injection is
prohibited) and surface mining activities shall be prohibited within an area
1,000 feet from the banks of any reservation stream or lake determined by the
Tribe to have the potential to support a population of fishes of which serves as
a spawning ground for the same. (B) Any person seeking to engage in such
activities covered under subsection (A) within one-half mile of a tribally
designated stream under that subsection must submit a written project
proposal to the Tribal Council for a permit to conduct such activities. The
Tribal Council shall make the final decision as to whether such activities will
be permitted and what conditions shall be required to preserve the species or
species habitat. (C) Effective December 31, 1988, oil and gas exploration and
recovery activities, and surface mining activities, which will affect reservation
streams and lakes will require a tribal permit,
o Livestock. (A) Effective December 31, 1988, corrals designed and constructed
for holding, loading, and unloading livestock are prohibited within an area one
hundred (100) feet from the banks of any reservation stream or lake unless
permitted by the Tribe under subsection (C) of this Section. (B) Effective
December 31, 1988, livestock watering, feeding, and salting locations are
prohibited within an area one thousand (1,000) feet from the banks of any
reservation stream or lake unless permitted by the Tribe under subsection (E)
of this Section. (C) Any person desiring to engage in activities covered under
subsections (A) and (B) of this Section must submit in writing a project
proposal to the Tribal Council. The Tribal Council shall make a final decision
as to whether such activities will be permitted and what conditions will be
imposed. Factors the Tribe may consider may include: (1) Fish preservation
and spawning habitat preservation; and (2) Water quality protection to meet
the standards of that particular watershed, as established by the stream
classification system.521

NNNNNN. dian Rancheria

Definition of "waters of the Rancheria"

519 Id. at Section 34.42.

520 Id. at Section 34.43.

521 Id. at Section 34.45.

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• "Water or Waters" mean any water, surface or underground, located on or running
through the Rancheria.522

Other Definitions

• "Pollutant" means any substance that will alter the quality of the waters of the
Susanville Indian Rancheria.523

402-like and 404-like Ordinance

• No person shall discharge any pollutant into the waters of the Susanville Indian
Rancheria.524

• Any person discharging any pollutant into the waters of the Rancheria shall pay a
civil fine in an amount not to exceed $1,000 for each day in which the violation

525

occurs.

Other Novel Protections

• The tribe has a Tribal Environmental Policy Ordinance, pursuant to their gaming
compact with the state of California. The ordinance establishes a uniform policy
which evaluates potential off-Reservation environmental effects of any and all
Projects to be commenced or continued on or after the effective date of the Compact.
The goal of the environmental review process is to ensure that, when the Tribal
Business Council makes a final decision as to whether, and under what conditions, to
proceed with an on-Reservation Project, it is fully informed regarding the potential
off-Reservation environmental effects of that Project in making that decision and in
evaluating alternatives, as well as the costs and benefits of the Project and its
alternatives.526

OOOOOO. Swinomish Ii

Definition of "waters of the Reservation"

• "Reservation waters" means all surface water located within the exterior boundaries
of the Swinomish Indian Reservation, including without limitation Regulated Surface
Waters.527

of "regulated surface waters"

"Regulated Surface Waters" means all surface waters located within the exterior
boundaries of the Swinomish Indian Reservation, including without limitation Padilla
Bay, Padilla Bay Lagoon, Similk Bay, Turner's Bay, Kiket Bay, Lone Tree Lagoon,
Lone Tree Creek, Skagit Bay, Skagit River- North Fork, Snee-Oosh Creek,

522 Susanville Indian Rancheria, Discharge of Pollutants into the Waters of the Susanville Indian Rancheria Ordinance, Section
III (6). Ordinance No. 2003-001. Available at:

https://www.narf.org/nill/codes/susanville/Discharge of Pollutants Ordinance 2003-001 .pdf.

523 Id. at Section III (3).

524 Id. at Section II.

525 Id. at Section IV.

526 Susanville Indian Rancheria, Discharge of Pollutants into the Waters of the Susanville Indian Rancheria Ordinance, Section
III (6). Ordinance No. 2000-003. Available at:

https://www.narf.org/nill/codes/susanville/Environmental Policy Ordinance 2000-003 .pdf.

527 Swinomish Indian Tribal Community, Tribal Code, Title 19 Environmental Protection, Chapter 6, Water Quality Standards
Code, Section 19-06.080 (A)(44). Ordinance No. 390. Available at: https://www.epa.gov/sites/production/files/2017-
09/documents/ swinomish-wq s-title 19-chapter6 .pdf.

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Definition

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Swinomish Channel, Munks Creek, Fornsby Creek, named and unnamed palustrine
and marine wetlands, named and unnamed intermittent streams, springs and seeps,
and all delineated, inventoried, undelineated, and uninventoried wetlands.528

Definition of "wetlands"

• "Wetlands" means any lands that fit the criteria established by the U.S. Army Corps
of Engineers Wetlands Delineation Manual (1987). Generally, wetlands are those
areas inundated or saturated by surface or ground water at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation.529'530.

Other Definitions

• "Aquatic Lands" means all areas below the ordinary high water mark and above the
extreme low water mark.531

• "Buffer" means an area around a core designated area in which development is
limited by the provisions of this Chapter in order to provide protection for the natural
resources and ecological functions and values of such areas.532

• "Discharge" means any addition of any pollutant to Regulated Surface Waters from

C'J'J

any point source.

• "Dredging" means the removal of materials, including but not limited to silt, mud,
sediments and sand, from the bottom of water bodies.534

• "Pollutant" means any substance or activity which causes or contributes to, or may
cause or contribute to, pollution. Pollutant includes without limitation dredge spoil,
solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and
agricultural waste discharged into water.535

• "Project" means a development, surface modification, or use activity or proposed
development, surface modification, or use activity.536

• "Sensitive Areas" means any of the following designated areas: wetlands sensitive
areas, fish and wildlife sensitive areas, geological hazard sensitive areas, and sea level
rise risk sensitive areas, as defined in this Chapter.537

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on April 18,
2008.538

• Initial water quality standards were approved by EPA on August 25, 2017.

528 Id. at Section 19-06.080 (A)(40).

529 Id. at Section 19-06.080 (A)(44).

530 Swinomish Indian Tribal Community, Tribal Code, Title 19 Environmental Protection, Chapter 4, Shorelines and Sensitive
Areas Code, Section 19-04.070 (A)(53). Available at: http://www.swinomish-

nsn.gov/media/4944/1904shorelines sensitiveareas.pdf.

531 Id. at Section 19-04.070 (A)(1).

532 Id. at Section 19-04.070 (A)(4).

533 Swinomish Water Quality Standards Code, Section 19-06.080 (A)(19).

534 Swinomish Shorelines and Sensitive Areas Code, Section 19-04.070 (A)(13).

535 Swinomish Water Quality Standards Code, Section 19-06.080 (A)(36).

536 Swinomish Shorelines and Sensitive Areas Code, Section 19-04.070 (A)(35).

537 Id. at Section 19-04.070 (A)(41).

538 https://www.epa.gov/was-tech/water-aualitv-standards-regulations-swinomish-indian-tribal-communitv.

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401 Certification

• Found eligible to administer a water quality certification program (TAS) on April 18,
2008.

402-like and 404-like Ordinance

• The tribe issues Shoreline and Sensitive Area permits that have aspects similar to
both CWA sections 402 and 404:

o Permit Required. No person shall commence any project within any shoreline
classification, sensitive area or associated buffer within the exterior
boundaries of the Reservation without first obtaining a permit from the
Department.539

o Permit application requires "A description of the anticipated impacts the
project would have on the shorelines, sensitive areas or associated buffers if
approved."540

o Preserve, Restore, or Enhance. The Department shall require an applicant
seeking a permit under the terms and provisions of this Chapter to undertake
mitigation designed to preserve, restore or enhance the shoreline ecological
functions and processes, and functions and values of any sensitive area
affected by the project for which the applicant seeks the permit.541
o No mining shall be permitted in any shoreline classification, sensitive area, or

associated buffer.542
o Dredging. (A) Shoreline Classification. The Department may issue a permit
for dredging in a shoreline classification for the following activities: (1)
Routine maintenance operations of existing structures, including but not
limited to docks, piers and boat channels; or (2) New development where: (a)
Reasonable alternatives to dredging are infeasible; and (b) All impacts of the
dredging are mitigated. (3) Not withstanding Section 19-04.280(A)(2),
dredging shall not be permitted in Aquatic Lands along the Natural Shorelines
classification, except for the express purpose of restoring natural tideland
elevations and shoreline ecological functions and processes. (B) No dredging
shall be permitted in any sensitive area, including named streams, except for
the express purpose of restoring the functions and values of the sensitive area,
as part of a restoration project approved by the Tribe.543
o Point Source Discharge into a Landslide Hazard Sensitive Area. (A)

Prohibition. Point source discharges from surface water facilities, impervious
surfaces and roof drains onto or within fifty (50) feet upslope from a landslide
hazard area are prohibited, subject to the exceptions in Section 19-
04.510(B).544

Statements of cultural or spiritual significance of water resources

539 Swinomish Shorelines and Sensitive Areas Code, at Section 19-04.080 (A).

540 Id. at Section 19-04.100(5).

541 Id. at Section 19-04.200 (A).

542 Id. at section 19-04.270.

543 Id. at Section 19-04.280.

544 Swinomish Shorelines and Sensitive Areas Code, Section 19-04.510.

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•	Reservation waters are of critical importance to the Tribe's treaty fishery, for fish and
wildlife habitat, and for cultural and aesthetic reasons.545

•	The cultural and economic functions and values of sensitive areas include, but are not
limited to: (1) Traditional hunting, fishing, and gathering activities; (2) Traditional
spiritual practices; (3) Protection of groundwater; (4) Protection of property from
potential flood damage, damage due to soil erosion or sediment deposition and
damage due to geological hazards; (5) Viewing and appreciation of nature, including
fish and wildlife; and (6) Solitude and contemplation.546

•	Since time immemorial, fishing, including shellfish harvesting, hunting, and
gathering has been a central focus of the Tribe's culture and of critical importance to
the Tribe's economy and the economic and general well-being of its members, many
of whom are dependent upon fishing, hunting, and gathering for their livelihood, for
their subsistence, and for ceremonial, cultural, and spiritual purposes.547

•	The Tribe and its members use Reservation waters in myriad ways, including but not
limited to subsistence, ceremonial, and commercial fishing, shellfishing, hunting, and
gathering; fish, shellfish, wildlife, and plant habitat and habitat restoration; Tribal
governmental, industrial, commercial, and domestic uses; public water and drinking
water supply; ceremonial, cultural, and spiritual uses; navigation; and recreational and
aesthetic uses.548

•	In the Tribe's water quality standards, they have established a designated use for
"spiritual and cultural use," which means the use of water which is demonstrated to
support and maintain the traditional way of life of the Tribe or its members including,
but not limited to: contact uses; maintenance of sufficient instream flows to preserve,
protect, and enhance fish populations significant to the values and culture of the Tribe
or upon which the Tribe's Treaty fisheries depend; preservation and/or restoration of
habitat for fish, shellfish, and wildlife significant to the values and culture of the
Tribe; preservation of habitat for berries, roots, medicines and other vegetation
significant to the values and culture of the Tribe; and preservation of the natural and
traditional aesthetic quality and character of the Reservation.549

Other Novel Protections

•	The Tribe's Shoreline and Sensitive Area permits have several novel aspects,
including:

o Setbacks, such as, residential shoreline setbacks: (1) Minimum setbacks for
structures that are not water-dependent structures shall be fifty (50) feet from
the ordinary high water mark....550 There are setbacks for most classifications
of shorelines, found throughout Title 19.
o Wetlands buffer provisions551 and stream buffer provisions.552

545	Id. at Section 19-04.060 (C).

546	Id. at Section 19-04.060 (R).

547	Swinomish Water Quality Standards Code, Section 19.06.030 (H).

548	Id. at Section 19.06.030 (M).

549	Id. at Section 19.06.080 (A)(46). See also Section 19.06.110 and Section 19.06.130.

550	Swinomish Shorelines and Sensitive Areas Code, Section 19-04.330(D) (only portions cited).

551	Id. at Section 19-04.410.

551 Id. at Section 19-04.460.

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• The Tribe has established water quality standards for wetlands: Water quality in
wetlands within the exterior boundaries of the Reservation, including created
wetlands which are not constructed wetlands, shall be protected by maintaining the
hydrological conditions, hydrophytic vegetation, and substrate characteristics to
support existing and designated uses. Narrative and numeric water quality criteria
described in and Sections 19-06.140 through 19-06.150 of this Chapter, shall apply to
this section as indicated in Tables 3 and 9.553

" shone Indians of N

Band)

Definition of "waters of the Reservation"

• "Water or waters" shall mean any water, surface or underground, located on or
running through the Reservation.554

Other Definitions

• "Pollutant" shall mean any substance that will alter the quality of the waters of the
Reservation.555

402-like and 404-like Ordinance

• Prohibited Discharges. No person shall discharge any pollutant into the waters of the
Reservation.556

QQQQQQ. Tohono

Definition of "waters of the Nation"

• "Waters of the Nation" means all waters which originate in or flow in, into or through
the lands of the Nation, or which are stored on the land of the Nation, whether found
on the surface or underground.557

• "Nation's Water" means: (1) all waters which originate in or flow in, into or through
the Nation's Lands, or which are stored within the Nation's Lands, whether found on
the surface or underground; (2) Effluent existing on the Nation's Lands; and (3) all
Central Arizona Project water to which the Nation has a right, whether or not located
within the Nation's Lands.558

Other Definitions

• "Pollutant" means any substance that will degrade the quality of the waters of the
Nation.559

553 Swinomish Water Quality Standards Code, Section 19-06.150 (C).

554 Te-Moak Tribe of Western Shoshone Indians, South Fork Band Indian Reservation, Water Pollution Ordinance Section 2(G).
Available at: https://narf.org/nill/codes/temoakcode/98ordtm01.html.

555 Id. at Section 2(D).

556 Id. at Section 3.

557 Tohono O'odham Nation of Arizona, Tribal Code, Title 25 Water, Chapter 5 Water Quality, Section 5.H. Available at:
http://www.tolc-nsn.org/docs/Title25ch5.pdf.

558 Tohono O'odham Nation of Arizona, Tribal Code, Title 25 Water, Chapter 3 Nation's Water Code, Section 3103.

559 Tohono O'odham Nation of Arizona, Water Quality Code, Section 5.F.

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402-like and 404-like Ordinance

•	Prohibited Discharges. No person shall discharge any pollutant into the waters of the
Nation which causes an imminent and substantial endangerment to the health and
welfare of persons or the natural environment.560

Statements of cultural or spiritual significance of water resources

•	All waters which originate in or flow in, into or through the Tohono O'odham Nation,
or which are stored in or by the Tohono O'odham Nation, whether found on the
surface or underground, are a sacred and valuable public resource of the Tohono
O'odham Nation to be protected for the present and future use of the Tohono
O'odham Nation as a whole.561

•	The Nation's Water is a life giving public resource and is vital to the cultural,
spiritual, economic, and political interests of the O'odham.562

Other Novel Protections

•	The Nation's Water Code establishes a permitting provision for certain water uses: no
Person may use any amount of the Nation's Water without first obtaining a Permit in
accordance with this Code. A Permit is required to undertake any of the following
activities: (1) to withdraw and use Groundwater; (2) to use, impound or store any
Surface Water, including through Diversions, Charcos, or Catchments; (3) to use,
impound or store underground SAWRSA Water; or (4) to dedicate or use the
Nation's Water for instream flows or riparian habitat enhancement or maintenance.563

RRRRRR. Tulalip Tribes

Definition of "waters of the Tribes"

•	"Waters of the Tribes" means all streams, lakes, ponds, wetlands, salt waters,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems,
drainage systems, and all other bodies or accumulations of water, surface and
underground, natural or artificial, public or private, which are contained within, flow
through, or border upon:

(a)	The lands, wetlands and tidelands within the boundaries of the Tulalip Tribes
Reservation; or

(b)	All lands, wetlands or tidelands outside the exterior boundaries of the Reservation
which are held in fee by the Tulalip Tribes or held in trust by the United States
government for the benefit of the Tulalip Tribes or its individual members; and

(c)	All lands, wetlands, or tidelands deemed Tulalip "Indian Country" as defined in
18 U.S.C. 1151.564

Definition of "wetlands"

560	Id. at Section 1.

561	Tohono O'odham Nation of Arizona, Tribal Code, Title 25 Water, Chapter 3 Nation's Water Code, Preamble. Available at:
http://www.tolc-nsn.org/docs/Title25Ch3.pdf.

562	Id. at Section 3101 (A).

563	Id. at Section 3305 (A).

564	Tulalip Tribes, Tribal Codes, Title 8 Natural Resources, Chapter 8.20 Environmental Infractions, Section 8.20.050 (17).
Available at: https: //www, codepublishing .com/WA/Tulalip/.

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•	"Wetlands" means those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas.565

•	"Wetlands" are defined as all lands of the Tulalip Indian Reservation which are
inundated or saturated by ground or surface water at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands include,
but are not limited to, marine shorelines, swamps, marshes, bogs, fens, and open
bodies of freshwater. The area within the berms of the closed landfill located within
original Tulalip allotments T91 and T92 (now T507) is not included within the
definition of "wetlands." Wetlands on the Tulalip Reservation include all areas
waterward from the wetland edge. If the vegetation has been removed, a wetland shall
be determined by the presence of hydric soils. Regulated wetlands do not include
artificial wetlands intentionally constructed from nonwetland sites, including, but not
limited to, irrigation and drainage ditches, grass-lined swales, canals, stormwater
detention facilities, wastewater treatment facilities, farm ponds, and landscape
amenities. Wetlands created, restored, or enhanced as part of an approved mitigation
plan are considered to be regulated wetlands.566

Other Definitions

•	"Environmentally sensitive lands" include wellhead protection zones, surface waters
such as lakes, ponds, seasonal and perennial streams, springs, wetlands, and their
shorelines and buffer zones; saltwater shorelines, beaches, bluffs, and all of Tulalip
Bay; slopes over 15 percent or otherwise subject to slope instability, potential
landslide or significant erosion; special soil types including hydric soils, soils
unsuitable for building foundations and road beds, essential habitat for animals and/or
plants considered culturally important to the Tribes, especially fish, eagles, hawks,
falcons, owls, deer, bears, cedar and ironwood (Holodiscus discolor). The area within
the berms of the closed landfill located within original Tulalip allotments T91 and
T92 (now T507) is not included within the definition of "environmentally sensitive
lands.567

•	"Pollutant" includes dredged spoil, solid waste, dirt, slurry, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, chemical waste, biological
materials, radioactive material (except those regulated under the Atomic Energy Act
of 1954, as amended, 42 U.S.C. 2011 et seq.), heat wrecked or discarded equipment,
rock, sand, cellar dirt, oil, battery acid, gasoline, paint, solvents, or any industrial,
municipal, or agricultural waste.568

303(c) Water Quality Standards

565	Id. at Section 8.20.050 (18).

566	Tulalip Tribes, Tribal Codes, Title 7 Land Use, Chapter 7.110 Environmentally Sensitive Lands, Section 7.110.050 (1).
Available at: https: //www, codepublishing .com/WA/Tulalip/.

567	Id. at Section 7.110.020.

568	Tulalip Tribes, Tribal Codes, Title 8 Natural Resources, Chapter 8.20 Environmental Infractions, Section 8.20.050 (10).

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• Found eligible to administer a water quality standards program (TAS) on May 9,
1996.569

• Initial water quality standards have not yet been approved by EPA.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on May 9,
1996.

402-like and 404-like Ordinance

• The "Land Use" title of the tribal code contains provisions that are similar to both
CWA section 402 and CWA section 404.

o Construction practices. Erosion measures which are sufficient to prevent
sediment transport to surface waters shall be employed during any
construction or grading activities within the exterior boundaries of the Tulalip
Indian Reservation. Where sensitive lands are impacted by proposed
development, stormwater management and erosion control plans shall be
required. Any practices employed shall meet the Department of Ecology's
Stormwater Management Program guidelines. 570
o Hydraulic projects (excluding bridges). No hydraulic projects, including but
not limited to culverts, fill, diversions or waterwheels, shall occur in any
streams, wetlands, or marshes within the exterior boundaries of the Tulalip
Indian Reservation without review by the Tulalip Department of the
Environment and issuance of a use and occupancy permit by the Executive
Director containing conditions that minimize impacts to fish and wildlife
habitat, and drainage and flood control.571
o Bridges. Bridges on the Tulalip Indian Reservation shall be prohibited unless
in conformance with the following procedures: (1) A use and occupancy
permit issued by the Executive Director shall be required prior to construction
of any bridge within the exterior boundaries of the Tulalip Indian Reservation.
... (3) Bridge maintenance or replacement shall occur only after written
consent has been obtained from the Tulalip Tribes. [Ord. 80 § 25.5, 1-9-
1995],572

o Notwithstanding any other provision of this title, the Tribal decision-maker
may prohibit, or condition, development that will have, or potentially will
have, significant adverse environmental impacts, upon or to environmentally
sensitive lands. Conditions may include mitigation requirements...573

• The "Environmental Infractions" chapter of the "Natural Resources" title of the tribal
code also contains provisions that are similar to both CWA section 402 and CWA
section 404, including:

o Any person who excavates, dredges, fills, or alters the wetlands, tidelands, or
water of the Tribes, or any water of the United States that lies within the
exterior boundaries of the Reservation, without a permit, or in violation of the

569 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-tulalip-tribes-washington.

570 Tulalip Tribes, Tribal Codes, Title 7 Land Use, Chapter 7.120 General Conditions, Section 7.120.020.

571 Id. at Section 7.120.030.

572 Id. at Section 7.120.040 (only portions cited).

573 Tulalip Tribes, Tribal Codes, Title 7 Land Use, Chapter 7.110 Environmentally Sensitive Lands, Section 7.110.0401.

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terms of a permit, from the Tribes or the appropriate Federal authority has
committed a Class A infraction.574
o Use of fill material. Any person who uses fill material to accommodate any
development activity without certification from a licensed professional
engineer that such fill will not alter or prohibit the natural flow of surface or
ground water has committed a Class A infraction.575
o Earth or construction debris. Any person who allows earth or construction
debris to enter water, wetlands, or tidelands of the Tribes, or any waters of the
United States that lie within the exterior boundaries of the Reservation, has
committed a Class B infraction.576
o Pesticide application. Any person who applies, or allows to be applied, to any
lands or waters of the Tribes any rodenticide, insecticide, herbicide, fungicide,
algaecide, or any other pesticides no matter the application procedure without
a permit, or in violation of the terms of a permit, from the Tribes has
committed a Class B infraction.577
o Application within buffer zone. Any person who applies, or allows to be
applied, any rodenticide, insecticide, herbicide, fungicide, algaecide, or any
other pesticides no matter the application procedure, on or within any buffer
zone established by the Tribes for any stream, wetland, or marsh, has
committed a Class B infraction.578
o Unlawful discharge of sewage. Any person who discharges, or allows to be
discharged, sewage to the lands or waters of the Tribes, including to the
ground, surface water, groundwater, or wetlands, has committed a Class A
infraction.579

o Spill of hazardous substance or toxic pollutant. Unless in possession of an
NPDES permit issued by the U.S. Environmental Protection Agency and
certified by the Tulalip Tribes, issued pursuant to delegated Federal authority,
any person engaged in any operation or activity which results in a spill,
discharge, or release of any hazardous substance or toxic pollutant onto the
lands or waters of the Tribes, or the waters of the United States that lie within
the exterior boundaries of the Reservation, has committed a Class A
infraction.580

o Spill of pollutant. Unless in possession of an NPDES permit issued by the
U.S. Environmental Protection Agency and certified by the Tulalip Tribes,
issued pursuant to delegated Federal authority, any person engaged in any
operation or activity which results in a spill, discharge, or release of any
hazardous substances or toxic pollutant onto the lands or waters of the Tribes,
or the waters of the United States that lie within the exterior boundaries of the
Reservation, has committed a Class B infraction.581

574 Tulalip Tribes, Tribal Codes, Title 8 Natural Resources, Chapter 8.20 Environmental Infractions, Article III
Excavation/Dredging/Filling, Section 8.20.100.

575 Id. at Section 8.20.130.

576 Id. at Section 8.20.140.

577 Id. at Section 8.20.220.

578 Id. at Section 8.20.230.

579 Id. at Section 8.20.240.

580 Id. at Section 8.20.280.

581 Id. at Section 8.20.290.

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o Toxic or hazardous substances. Unless in possession of an NPDES permit
issued by the U.S. Environmental Protection Agency and certified by the
Tulalip Tribes, issued pursuant to delegated Federal authority, any person who
disposes of, or causes to be released, any toxic pollutant, radioactive waste or
other hazardous substances on or within any lands or waters of the Tribes, or
the waters of the United States that lie within the exterior boundaries of the
Reservation, has committed a Class A infraction.582
o Pollutants. Unless in possession of an NPDES permit issued by the U.S.
Environmental Protection Agency and certified by the Tulalip Tribes, issued
pursuant to delegated Federal authority, any person who disposes of, or causes
to be released, any pollutant on or within any lands or waters of the Tribes, or
the waters of the United States that lie within the exterior boundaries of the
Reservation, without a permit, or in violation of the terms of a permit, from
the Tribes has committed a Class B infraction.583

Statements of cultural or spiritual significance of water resources

• The Puget Sound shoreline is one of the most important physical features of the
Tulalip Reservation to the Tulalip Tribes ("the Tribes"), its members, and non-Tribal
residents. The shoreline is where many ancestral settlements and burial sites are
located and where Tribal fishing, gathering, cultural activities, and recreation
continue to this day.584

Other Novel Protections

• The tribe's "Environmentally Sensitive Lands" chapter of the "Land Use" Title of the
tribal code establishes buffers for protection of sensitive lands, including freshwater
wetlands and streams, and the buffer width if depending on the class of the wetland or
stream585 and for cultural sensitive areas.586

• The tribe's "Standards for Surface Mining" establishes buffer zones for surface
mining activities: A minimum 200-foot buffer of vegetation is required between any
mining activity and all surface waters, including streams, wetlands, lakes and marine

COT

waters.

Turtle Mountain Band ' '' a Indians

Definition of "waters of the tribe"

• "Tribal water" will mean any and all waters arising on, underlying, flowing through,
located upon or bordering, otherwise occurring and contained within the Reservation,
tributary or non-tributary. All waters reserved at any time to the Turtle Mountain
Band of Chippewa. All Water necessary to make the land habitable and productive,
all water sources within or bordering the reservation and its allotments; including any
body of water that drains into waters of the Tribe, up to and including but not limited

582 Id. at Section 8.20.440.

583 Id. at Section 8.20.450.

584 Tulalip Tribes, Tribal Codes, Title 8 Natural Resources, Chapter 8.30 Tidelands Management Policies, Section 8.30.010 (1).

585 Tulalip Tribes, Tribal Codes, Title 7 Land Use, Chapter 7.110 Environmentally Sensitive Lands, Section 7.110.070.

586 Id. at Section 7.115.060.

587 Tulalip Tribes, Tribal Codes, Title 8 Natural Resources, Chapter 8.35 Surface Mining, Section 8.35.130 (3).

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to; small intermittent or ephemeral waters, those that are man-made or man-altered,
and those broken by man-made or natural obstacles.588

402-like and 404-like Ordinance

• Permit Required. 1. No person, organization for profit as a sole proprietorship,
receiver, partnership, joint venture, trust estate, firm, unincorporated association,
corporation or government, including but not limited to any part, subdivision or
agency from and after the adoption of this Act, will divert or undertake any activity
affecting or involving tribal water without first obtaining a permit under this Chapter.
2. Discharge, injection, or deposition of any waste, wastewater, or other contaminant
into Reservation water is not permitted. 3. A permit application is required for any of
the following activities: a. Diversion of water from any stream course, spring, or well;
b. Change in the point of water diversion, whether of surface or groundwater; c.
Change in the use of waters, the place of use, method of diversion, or season of use;
d. Transfer of tribal water outside the watershed of origin; e. Alteration of any stream
course or stream band for any purpose, including without limitation, road
construction and repair; f. Recharge of groundwater; g. Hydropower generation; h.
Storage or impoundment of water; and i. Dedication of water to in-stream flow. ... 8.
The application of pesticides within 200 feet of waters of the Reservation or recharge
areas of the Shell Valley aquifer.589.

• Categories of Permits include: 3. Stream Zone Alteration Permit. Grants the Right to
Alter the Streambed or Banks of the Reservation. The National Environmental Policy
Act (NEPA) requires federal agencies to integrate environmental values into their
decision making processes by considering the environmental impacts of their
proposed actions and reasonable alternatives to those actions. A stream zone
Alteration permit is required for all persons engaging in activities that affect the bed
or banks of Reservation streams, including, but not limited to: a. Construction of
temporary diversion structures; b. Road and culvert construction and repair; c.
Logging operations; and d. Other activities affecting the stability of the stream
channel, provided that such permit is not required during an emergency condition
declared by the Commission. 4. Discharge Permits. Permits to dispose of
contaminated wastewater into the surface or ground water that exists within the scope
of tribal jurisdiction will not be approved.590

404-like Ordinance

• The powers granted by this section shall be exercised through ordinances which may
determine, establish, regulate and restrict: 1. The areas within which agriculture,
forestry, industry, mining, trades, business, and recreation may be conducted. 2. The
areas in which residential uses may be regulated or prohibited. 3. The areas in and
along natural watercourses, channels, streams and creeks in which trades or
industries, filling or dumping, erection of structures and the location of buildings may
be prohibited or restricted. 4. Trailer camps, tourist camps, motels, and mobile home
parks. 5. Designate certain areas, uses or purposes which may be subjected to special

588 xurtle Mountain Band of Chippewa Indians of North Dakota, Tribal Code, Title 30 Water Act, Section 30.0105 (15).
Available at: https://tmchippewa.com/wp-content/uploads/TITLE-30-Tribal-Water-Act.pdf.

589 Id. at Section 30.0401.

590 Id. at Section 30.0405 (only relevant portions cited).

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regulation. 6. The location of buildings and structures that are designated for specific
uses and designation of uses for which building and structures may not be used or
altered. 7. The location, height, bulk, number of stories and size of buildings and
other structures. 8. Location of roads and schools. 9. Building setback lines. 10. The
density and distribution of population. 11. The percentage of a lot which may be
occupied, size of yards, courts and other open spaces. 12. Places, structures or objects
with a special character, historic interest, aesthetic interest or other significant value,
historic landmarks and historic districts.591.

Statements of cultural or spiritual significance of water resources

• Nibi (water) is sacred and is vital to all life within the environment, including human
life and especially to the lives of the Turtle Mountain Band of Chippewa Indians.
Gichi Manitou, in our Creation Story, breathed life into Nibi, our water, and gave us
the water spirits to guide our actions and to protect the water. Our traditional teachers
reveal that the Chippewa women were given the responsibility for protecting the
water. To honor that role, the women will lead water ceremonies and to promote
tribal water standards outlined in the [Turtle Mountain Band of Chippewa Indians]
Water Act. These guiding principals have led to the following declarations.592

• Water has cultural, spiritual, social, environmental, health, and economic values that
require protection and we must guide the appropriate use and management of all
resources affecting the watershed and drainage basins of the Reservation and its
allotted lands.593

Twenty-Nine Palms Band of Missi

Definition of "waters of the Tribe"

• "Waters of the Tribe" means all ponds, streams, springs, sub-surface waters, seeps,
wetlands, canals, irrigation and drainage ditches, and all other surface and
groundwaters which arise on, border, transverse, or underlie the Twenty-Nine Palms
Reservation or are otherwise within the jurisdiction of the Tribe and which contain
water at some point in the year and are connected to other waters via surface or below
ground flows. Figures 1 and 2 in Appendix D illustrate the extent and location of
Tribal waters and the interaction between surface water and groundwater on the
Reservation.594

• "Tribal Waters" means all waters over which the Tribe has jurisdiction and that
satisfy the federal definition of "waters of the U.S." found at 40 CFR 122.2. See
Section 1 - Purpose and Authority.595

Definition of "wetlands"

• "Wetland(s)" means any area that is inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances

591 Turtle Mountain Band of Chippewa Indians of North Dakota, Tribal Code, Title 31 Zoning of Shorelands, Section 31.0602.
Available at https://tmchippewa.com/wp-content/uploads/TITLE-31-Zoning-of-Shorelands.pdf.

592 Id. at Section 30.0101.

593 Mat Section 30.0103.

594 Twenty-Nine Palms Band of Mission Indians, Tribal Water Quality Standards, Section 1.5.92. Version 1.0, July 16, 2015.
Available at https://www.epa.gov/sites/production/files/2015-09/documents/twentvninepalms-tribe.pdf.

595 Id. at Section 1.5.83.

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does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions, such as swamps, marshes, bogs, and similar areas. This includes wetlands
created, restored, or enhanced as part of a mitigation procedure. This does not include
wetlands intentionally constructed from non-wetland sites outside waters of the
Reservation.596

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on October 26,
2006.597

• Initial water quality standards were approved by EPA on August 20, 2015.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on October
26, 2006.

Other Novel Protections

• The tribe's general water quality standards apply to wetlands.598

UUUUUU. Ute Mountain Ute Tribe

Definition of "waters of the tribe"

• "Tribal Waters (or Water Bodies)" means all waters over which the Tribe has
jurisdiction and that satisfy the federal definition of "waters of the U.S." found at 40
CFR 122.2. See Section 1, Purpose and Authority.599

Definition of "wetlands"

• "Wetland(s)" means an area that is inundated or saturated by surface or ground water
at a frequency and duration to support, and that under normal conditions does
support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands are considered Tribal Waters and generally include swamps,
bogs, marshes, and similar areas.600

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on September
26, 2005.601

• Initial water quality standards were approved by EPA on October 19, 2015.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on
September 26, 2005.

Statements of cultural or spiritual significance of water resources

596 Id. at Section 1.5.95.

597 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-twentv-nine-palms-band-mission-indians.

598 Twenty-Nine Palms Band of Mission Indians, Tribal Water Quality Standards, Section 1.6.1.

599 Ute Mountain Ute Tribe, Water Quality Standards for Surface Waters, Section 3. January 20, 2011. Resolution # 2011-010.
Available at: https://www.epa.gov/sites/production/files/2014-12/documents/utewqs.pdf.

600 Id.

601 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-ute-mountain-ute-tribe.

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• In the tribe's water quality standards, they have established a designated use for
"Tribal cultural use," which means waters that are used for Tribal ceremonial
purposes and traditional activities. Examples of water contact that may be associated
with Tribal use include ingestion and body contact. The preservation of the quality of
these waters is important in the preservation of Ute Culture.602

Other Novel Protections

• The tribe has established water quality standards for wetlands: The Tribe recognizes
that the natural water quality of wetlands may differ from that of associated streams.
Existing water quality, uses and functions of wetlands will be protected.603

VVVVVV. Walker River e

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on February
29, 2016.604

• Initial water quality standards have not been approved by EPA.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on February
29, 2016.

WWWWWW. White M< Tribe

Definition of "waters of the tribe"

• "Waters" and "Waters of the White Mountain Apache Tribe" means all lakes, rivers,
ponds, streams, springs, sub-surface waters, seeps, wetlands, canals, irrigation and
drainage ditches, and all other surface and ground waters which arise on, border,
transverse or underlie the Fort Apache Reservation or are otherwise within the
jurisdiction of the White Mountain Apache Tribe and which contain water at some
point in the year and are connected to other waters via surface or below ground
flows.605

Definition of "wetland"

• "Wetland" means any area that is inundated or saturated by surface or groundwater at
a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions, such as swamps, marshes, bogs, and similar areas. This includes wetlands
created, restored or enhanced as part of a mitigation procedure. This does not include
constructed wetlands intentionally constructed from non-wetland sites outside waters
of the Fort Apache Indian Reservation.606

602 Ute Mountain Ute Tribe, Water Quality Standards for Surface Waters, Section 11.

603 Id. at Section 8.

604 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-walker-river-paiute-tribe

605 White Mountain Apache Tribe, Environmental Code, Section 3.8(A)(78). Available at:
http://www. wmat.nsn.us/Legal/Environmental%20Code%20—%20051815%20IN%20EFFECT.pdf.

606 Id. at Section 3.8(A)(81).

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Other Definitions

• "Pollutant" means see "water contaminant."607

• "Water contaminant" means any substance that alters the physical, chemical, or
biological qualities of water.608

303(c) Water Quality Standards

• Found eligible to administer a water quality standards program (TAS) on February
3rd 1997 609

• Initial water quality standards were approved by EPA on September 27th, 2001.

401 Certification

• Found eligible to administer a water quality certification program (TAS) on February
3rd, 1997.

402-like Ordinance

• The Environmental Planning Office shall implement and enforce this Ordinance,
including but not limited to the water quality standards and anti-degradation policy,
by establishing and maintaining controls on the discharge of pollutants to surface
waters. The White Mountain Apache Tribe may adopt additional regulations and
Ordinances for enforcement of the Water Quality Standards. Unless and until the
White Mountain Apache Tribe asserts primary responsibility for NPDES permitting,
the EPA shall work together with the Tribe to develop, issue and enforce permits for
dischargers within the Reservation in accordance with standards set forth in this
Ordinance.610

Statements of cultural or spiritual significance of water resources

• Tu, water, is one of the gifts of the Creator that is essential to the survival of the
White Mountain Apache People. Water is inseparable from our land and culture. Our
homeland has always been blessed with a great number of springs, streams, and
meadows to sustain a diverse and vibrant community of plants, wildlife, and people.
We have always sought to protect our precious natural resources and special places.
We recognize that we must assert full authority over all the lands and waters of our
Reservation to protect them from abuse. The standards for water quality in this Tribal
Ordinance will guide the protection of our waters for present and future
generations.611

• The Clean Water Act also states that "it is the national goal that, wherever attainable,
an interim goal of water quality which provides for the protection and propagation of
fish, shellfish, and wildlife and provides for recreation in and on the water."
Irrigation, primary contact, domestic water supply (including municipal and
industrial), groundwater recharge, plant gathering, fish culture, and respect for
culturally or religiously significant areas are other beneficial uses of the Tribal waters
intended to be protected by this Ordinance. Any contamination that may result from
such uses shall not lower the quality of the water below what is needed for life,

607 Id. at Section 3.8(A)(63).

608 Id. at Section 3.8(A)(79).

609 https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-white-mountain-apache-tribe

610 White Mountain Apache Tribe, Environmental Code, Chapter 3 Water Quality Protection, Section 3.3(A)(1).

611 Id. at Preamble.

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including human recreation and protection and propagation of fish and wildlife that
depend on Tribal waters.612

• The Tribal Council may designate a water body as an Outstanding Tribal Resource
Water due to cultural value, the presence of archeological or historic sites, ecological
or biological features, scenic beauty, or other exceptional qualities of importance to
the Tribe.613

• In the tribe's water quality standards, they have established a designated use for
"Ceremonial Primary Contact." The standards for primary contact waters set forth in
subparagraph J shall apply to protect ceremonial uses.614

• In the tribe's water quality standards, they have established a designated use for
"Gathering of Medicinal or Otherwise Culturally Significant Plants." The standards
for Secondary Contact Recreation shall be applied to protect this use. In addition,
native riparian and wetland plants shall not be removed without Tribal review and
authorization, unless they are being gathered by individual Tribal members for private
use.615

• In the tribe's water quality standards, they have established a designated use for
"Cultural Significance." Actions that disrespect waters of religious significance are
prohibited. Potential violations of this standard will be reviewed by the Cultural
Advisory Committee. Any actions that may affect these waters must be reviewed and
approved under the Tribal Plan and Project Review Process.616

Other Novel Protections

• The tribe's general water quality standards apply to wetlands.617

XXXXXX. Winnebago Tribe of Nebraska

303(c) Water Quality Standards

• Application under review; notice issued November 19, 2019. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.618

401 Certification

: Id. at Section 3.1 (A).

Id. at Section 3.2 (D) (3)

Id. at Section 3.6 (L).

Id. at Section 3.6 (M).

Id. at Section 3.6 (N).

Id. at Section 3.1 (C).

https://www.epa.gov/was-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

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YYYYYY. Yerington Paiute Tribe

303(c) Water Quality Standards

•	Application under review; notice issued October 24, 2018. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.619

401 Certification

•	Application under review; notice issued October 24, 2018. EPA provides notice to
appropriate governmental entities and the local public when a tribal application for
TAS is ready for review. The notice generally provides 30 days to receive comments
on the tribe's assertion of authority.

Yurok Tribe

Definition of "waters of the tribe"

•	"Waters of the Reservation" or "YIR waters" means any water, surface or
underground, contained within, flowing through or bordering upon the Yurok Indian
Reservation [(YIR)] or any portion thereof.620

Other Definitions

•	"Bodies of water" means any surface or groundwater located on or draining into the
YIR including: wetlands, ponds, lakes, streams, rivers, creeks, drainage ditches,
culverts including seasonal streams and wetlands.621

•	"Pollutant" means any substance that will alter the quality of the waters of the
Reservation.622

402-like and 404-like Ordinance

•	The purpose of this Ordinance is to exercise comprehensive Tribal regulatory
authority over all surface and groundwater matters, and to protect fundamental Tribal
cultural, ceremonial, religious, fisheries, subsistence, seasonal residential, public
health and safety, and water quality issues by ensuring adequate drinking water,
protecting beneficial uses, prohibiting all point source discharges and restricting non-
point source discharges of pollutants within the exterior boundaries of the YIR.623

•	Unless otherwise dictated by enacting Tribal Resolution, the provisions of this
Ordinance shall apply to all existing and proposed point source and non-point source
pollution discharges into surface or ground waters, and to all activities which have the
potential to affect cultural, ceremonial, religious, fisheries, subsistence, seasonal
residential, public health and safety, water quality, and other fundamental interests of
the Tribe.624

619	https://www.epa.gov/was-tech/epa-actions-tribal-water-qualitv-standards-and-contacts.

620	Yurok Tribe, Water Pollution Control Ordinance, Section 2. Available at:

http://www.vuroktribe.org/government/councilsupport/documents/FinalYurokWaterPollutionControlOrdinancel20705.pdf.

621	Id.

622	Id.

623	Id. at Section 1.3.

624	Id. at Section 1.4.

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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• Permits Required. Any person who intends to alter or enlarge an existing activity
described in section 1.4 of this Ordinance, or to commence a new such activity, or
who intends to cause or direct such alteration, enlargement or commencement of such
activities, shall prior to alteration, or enlargement or commencement of such
activities, apply for and obtain a valid permit from [the Yurok Tribe Environmental
Program], Information specifically regarding the permit process for actions involving
wetland may be found in the Wetland Conservation Plan.625

Statements of cultural or spiritual significance of water resources

• Since time immemorial, the Klamath River, its tributary streams, its estuary, the
streambeds thereof, the riparian areas adjacent thereto and the Pacific Ocean, have
been natural resources of the most profound significance to the Tribe. Yurok people
have always used these resources for cultural, ceremonial, religious, fishery,
subsistence, residential and other purposes fundamental to the Tribe's way of life.626

• The people of the Yurok Tribe have a primary interest in the protection, control, and
conservation of the water resources which flow into and through the YIR, and the
quality of such waters must be protected to insure the health, economic, aesthetic, and
cultural well-being of the Yurok People.627

Other Novel Protections

• The tribal code establishes wellhead protection areas, including a Wellhead
Protection Area Use Permit.628

625 Id. at Section 4.1.

626 Id. at Section 1.2.1.

627 Id. at Section 1.2.2.

628 Id. at Section 5.

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
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3. References

AAAAAAA. Legal References
1. Statutes: Federal

16

u.s.c.

section 1531 et seq.

26

u.s.c.

section 9509(c)(1)(A)

33

u.s.c.

1344(e)

33

u.s.c.

section 104

33

u.s.c.

section 106

33

u.s.c.

section 1251(b).

33

u.s.c.

section 1311(b)(1)(C)

33

u.s.c.

section 1329(i)

33

u.s.c.

section 1342(1)

33

u.s.c.

section 1342

33

u.s.c.

section 1361(a)

33

u.s.c.

section 1362(7)

33

u.s.c.

section 1362(7)

33

u.s.c.

section 1377(e)

33

u.s.c.

section 1377

33

u.s.c.

section 303

33

u.s.c.

section 305

33

u.s.c.

section 308

33

u.s.c.

section 309

33

u.s.c.

section 311(b)(1)

33

u.s.c.

section 311

33

u.s.c.

section 314

33

u.s.c.

section 319

33

u.s.c.

section 401

33

u.s.c.

section 402

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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33 U.S.C. section 403
33 U.S.C. section 404
33 U.S.C. section 406
33 U.S.C. section 518(e)

42 U.S.C. section 9601(14)

42 U.S.C. section 9601(33)

54 U.S.C. 300101 etseq.

H.R. Res. 6124, 110th Cong. (2008)

H.R. 1082, 119 (Ind. 2016)

011	Pollution Act of 1990, Pub. L. No. 101-380, section 1001(5), 104 Stat. 484, (1990)

Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2017 (H.R.984).
January 29, 2018. Public Law No. 115-121

2. Statutes: States, Tribes, and Other United States Jurisdictions

10 Guam Code Ann. section 46102(b)

12	V.I. Code section 182(f)

12 V.I. Code section 186

12 V.I. Code section 901 et seq.

1989 Pa. Laws 169, No. 32
20 111. Comp. Stat. 830/

20	111. Comp. Stat. 830/l-6(a)

21	Guam Code Ann. section 63101

32 Pa. Cons. Stat, section 693.1 et seq.

35 Pa. Cons. Stat, section 691.1
35 Pa. Cons. Stat, section 691.602
35 Pa. Cons. Stat, section 691.8
415 111. Comp. Stat. 5/25c-l
415 111. Comp. Stat. 5/3.550
415 111. Comp. Stat. 5/42
415 111. Comp. Stat, section 5/3.550

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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226

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615 111. Comp. Stat. 5/

8 Grand Traverse Band Code. Section 302 (u)

8 Grand Traverse Band Code. Section 302 (yy)

8 Grand Traverse Band Code. Section 303

Ala. Code section 22-22-1(2)

Ala. Code section 22-22-9

Alaska Stat, section 38.05

Alaska Stat, section 46.03.758-759

Alaska Stat, section 46.03.822

Alaska Stat, section 46.03.824

Alaska Stat, section 46.03.900(37)

Alaska Stat, section 46.08.005 et seq.

Ark. Code section 22-6-202

Ark. Code section 8-4-102(10)

Ark. Code section 8-4-103

Ariz. Rev. Stat section 1153

Ariz. Rev. Stat, section 37-1101

Ariz. Rev. Stat, section 37-1153

Ariz. Rev. Stat, section 41-1052

Ariz. Rev. Stat, section 49-104

Ariz. Rev. Stat, section 49-201(41)

Ariz. Rev. Stat, section 49-203

Ariz. Rev. Stat, section 49-262

Ariz. Rev. Stat, section 49-282

Ariz. Rev. Stat, section 49-285

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Wetland and Watercourse Protection Ordinance section 323.2. Resolution No. 12-16-09.138.
2009

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Wetland and Watercourse Protection Ordinance section 323.4 (aa). Resolution No. 12-16-
09.138. 2009

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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227

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Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Wetland and Watercourse Protection Ordinance section 323.4 (kk). Resolution No. 12-16-
09.138. 2009

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Wetland and Watercourse Protection Ordinance section 323.4 (LL). Resolution No. 12-16-
09.138. 2009

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Wetland and Watercourse Protection Ordinance section 323.5. Resolution No. 12-16-09.138.
2009

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Wetland and Watercourse Protection Ordinance section 323.7. Resolution No. 12-16-09.138.
2009

Bad River Reservation, Wetland and Watercourse Protection Ordinance, Resolution No. 12-16-
09.138 (2009)

Bishop Paiute Tribe. Ordinance No. 97-11 section 2(D). 1997
Bishop Paiute Tribe. Ordinance No. 97-11 section 2(F). 1997
Bishop Paiute Tribe. Ordinance No. 97-11 section 3. 1997

Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. Aquatic Lands Protection
Ordinance (Ordinance 90-A-amended). 2012.

http://www.blackfeetenvironmental.com/ordinance90/blackfeet aquatic lands protection ordina
nce90a.pdf

Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. Aquatic Lands Protection
Ordinance No. 90-A section 3(e). 2009

Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. Aquatic Lands Protection
Ordinance No. 90-A section 4.4. 2009

Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. Aquatic Lands Protection
Ordinance No. 90-A. 2009

Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. Aquatic Lands Protection
Ordinance No. 117 section 4.1. 2019

Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. Aquatic Lands Protection
Ordinance No. 117, Article III. 2019

Blue Lake Rancheria. Water Quality Ordinance No. 00-07 section 2(h). 2000
Blue Lake Rancheria. Water Quality Ordinance No. 00-07 section 2(i). 2000
Blue Lake Rancheria. Water Quality Ordinance No. 00-07 section 4. 2000
Cal. Gov't Code section 8670.46
Cal. Gov't Code section 8670.48

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
228

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Cal. Gov't Code section 8670.56.5

Cal. Gov't Code section 8670.66

Cal. Gov't Code section 8670.67

Cal. Health & Safety Code section 25270 et seq.

Cal. Pub. Res. Code section 30000 et seq.

Cal. Pub. Res. Code section 30121

Cal. Water Code section 13000 et seq.

Cal. Water Code section 13050(e)

Cherokee Nation. Tribal Code section 201(14)

Cherokee Nation. Tribal Code section 204

Cheyenne-Arapaho Tribes of Oklahoma. Law and Order Code section 11(D).566
Citizen Potawatomi Nation. Tribal Code section 12-5-169

Colo.

Rev.

Stat.

section

25-8-103(19)

Colo.

Rev.

Stat.

section

25-8-104

Colo.

Rev.

Stat.

section

25-8-202(8)

Colo.

Rev.

Stat.

section

25-8-504

Colo.

Rev.

Stat.

section

34-60-121

Colo.

Rev.

Stat.

section

34-60-124

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance No. 87 (A). 1986.

http://www.csktnrd.org/component/rsfiles/download?path=EP%252F87areg.pdf

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance No. 87 (A) part II section 2. 1986

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance No. 87 (A) part III section 1(1). 1986

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance No. 87 (A) part IV section 1. 1986

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance No. 87 (A) section III.l.m. 1986

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Ordinance No. 64 (A). July 1977

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Ordinance No. 64 (A). 2018

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Ordinance No. 64 (A) section 2(e). 2018

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Ordinance No. 64 (A) section 3(a). 2018

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Ordinance No. 64 (A) section 3(b). 2018

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-15-13

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-15-15 (c)(1)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-15-15 (c)(10)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-15-17 (b)(12)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-15-17 (b)(14)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-15-4 (gg)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-15-4 (kk)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-15-4(bbb)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-15-7 (b)(l 1)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-15-7 (b)(15)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-15-7 (b)(5)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-15-7 (b)(7)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-5-4 (ss)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-6-2 (b)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-6-4

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-7-5 (a)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-7-5 (c)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-7-5 (d)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-8-4 (o)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-8-4 (s)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-8-9

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-9-3 (11)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-9-3 (q)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-9-3 (r)

Confederated

Tribes

of the

Colvi

e Reservation.

Tribal

Code

section

4-9-3 (nn)

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
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Confederated

Tribes

of the

Colville Reservation. Tribal Code section

4-9-5



Confederated

Tribes

of the

Colville Reservation. Tribal Code section

4-9-6 (a)



Confederated

Tribes

of the

Colville Reservation. Tribal Code section

4-9-7 (g)



Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

chapter 2



Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

chapter 3



Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

chapter 5



Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

01

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

07(A)(20)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

07(A)(37)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

07(A)(42)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

07(A)(43)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

07(A)(44)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

07(A)(58)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

07(A)(66)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

07(A)(67)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

11(A)(1)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

11(A)(2)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

11(A)(3)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

11(A)(4)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

11(A)(5)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 1

11(A)(6)

Confederated

Tribes

of the

Umatil

a Indian Reservation.

Water Code

section 3

04(A)

Conn.

Gen.

Stat.

section 22a-29

Conn.

Gen.

Stat.

section 22a-359 et seq

Conn.

Gen.

Stat.

section 22a-36 et seq.

Conn.

Gen.

Stat.

section 22a-38

Conn.

Gen.

Stat.

section 22a-423

Conn.

Gen.

Stat.

section 22a-438

Conn.

Gen.

Stat.

section 22a-452

Conn.

Gen.

Stat.

section 22a-90 et seq.

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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Conn. Gen. Stat, section 29-291 et seq.

D C. Code section 8-103.01(26)

Del. Code tit. 7, section 6205
Del. Code tit. 7, section 6207
Del. Code tit. 7, section 6601 et seq.

Del. Code tit. 7, section 7201 et seq.

Del. Code tit. 7, sections 6205, 6207

Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR Appendix A
Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR section 1.4
Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR section 2(A)
Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR section 2(AA)
Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR section 2(P)
Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR section 2(Q)
Dry Creek Rancheria Band of Pomo Indians. Environmental Code, 2 DCR section 8.1
Eastern Band of Cherokee Indians. Ordinance No. 622. 2017.

https://librarystage.municode.com/tribes and tribal nations/eastern band of cherokee indians/
ordinances/code of ordinances?nodeId=857538

Eastern Band of Cherokee Indians. Ordinance No. 622 section 113E-l(a). 2017.
https://librarystage.municode.com/tribes and tribal nations/eastern band of cherokee indians/
ordinances/code of ordinances?nodeId=857538

Eastern Band of Cherokee Indians. Tribal Code Section 113E-3

Eastern Band of Cherokee Indians. Tribal Code Section 131-3

Fla. Stat, section 161.011 et seq.

Fla. Stat, section 373.019(22)

Fla. Stat, section 373.019(27)

Fla. Stat, section 373.403 et seq.

Fla. Stat, section 373.414

Fla. Stat, section 376.11

Fla. Stat, section 376.12

Fla. Stat, section 376.121

Fla. Stat, section 376.16

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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Fla. Stat, section 403.031(13)

Fla. Stat, section 403.804

Fond du Lac Band of the Minnesota Chippewa Tribe. Land Use Ordinance #02/07 section 603.
2007. Available at http://www.fdlrez.com/government/ords/02-07ord.pdf

Fond du Lac Band of the Minnesota Chippewa Tribe. Water Quality Standards of the Fond du
Lac Reservation Ordinance No. 12/98 section 201 (oo). 2001

Fond du Lac Band of the Minnesota Chippewa Tribe. Water Quality Standards of the Fond du
Lac Reservation Ordinance No. 12/98 section 201 (pp). 2001

Fond du Lac Band of the Minnesota Chippewa Tribe. Wetlands Protection and Management
Ordinance #03/06 section 102. 2006

Fond du Lac Band of the Minnesota Chippewa Tribe. Wetlands Protection and Management
Ordinance #03/06 section 201(aaa). 2006

Fond du Lac Band of the Minnesota Chippewa Tribe. Wetlands Protection and Management
Ordinance #03/06 section 201(k). 2006

Fond du Lac Band of the Minnesota Chippewa Tribe. Wetlands Protection and Management
Ordinance #03/06 section 201(p). 2006

Fond du Lac Band of the Minnesota Chippewa Tribe. Wetlands Protection and Management
Ordinance #03/06 section 302. 2006

Ga.

Code Ann.

12-14-4

Ga.

Code Ann.

12-5-51

Ga.

Code Ann.

section 120-3-11

Ga.

Code Ann.

section 12-5-22(13)

Ga.

Code Ann.

section 12-7-3(16)

Ga.

Code Ann.

sections 12-5-280 et seq

Gila River Indian Community of the Gila River Indian Reservation. Wastewater and Reclaimed
Water Management Ordinance No. GR-04-16 section 15.601.E.4. 2016

Gila River Indian Community of the Gila River Indian Reservation. Wastewater and Reclaimed
Water Management Ordinance No. GR-04-16 section 15.601.F. 2016

Gila River Indian Community of the Gila River Indian Reservation. Wastewater and Reclaimed
Water Management Ordinance No. GR-04-16 section 15.602.A.71. 2016

Gila River Indian Community of the Gila River Indian Reservation. Wastewater and Reclaimed
Water Management Ordinance No. GR-04-16 section 15.602.A.78. 2016

Haw. Rev. Stat, section 128D-2

Haw. Rev. Stat, section 128D-5

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
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Haw. Rev. Stat, section 128D-6
Haw. Rev. Stat, section 128D-8
Haw. Rev. Stat, section 174C-91 et seq.

Haw. Rev. Stat, section 205A-21 et seq.

Haw. Rev. Stat, section 342D-1
Haw. Rev. Stat, section 342D-53

Hoopa Valley Tribe. Pollutant Discharge Prohibition Ordinance 3-95 section 1.2(A). 1995

Hoopa Valley Tribe. Pollutant Discharge Prohibition Ordinance 3-95 section 1.4. 1995

Hoopa Valley Tribe. Pollutant Discharge Prohibition Ordinance 3-95 section 2. 1995

Hoopa Valley Tribe. Pollutant Discharge Prohibition Ordinance 3-95 section 35.1. 1995

Hoopa Valley Tribe. Pollutant Discharge Prohibition Ordinance 3-95 section 35.4. 1995

Hoopa Valley Tribe. Pollutant Discharge Prohibition Ordinance 3-95 section 4.1. 1995

Hoopa Valley Tribe. Pollutant Discharge Prohibition Ordinance 3-95 section 6.1(0). 1995

Hoopa Valley Tribe. Tribe Riparian Protection and Surface Mining Practices Ordinance 3-92
section 35.2.18. 1992

Hoopa Valley Tribe. Tribe Riparian Protection and Surface Mining Practices Ordinance 3-92
section 35.2.24. 1992

Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 110.LL. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 110.MM. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 110.P. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 110.PP. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 110.UU. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 110.WW. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 604. 2009

Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 610.TT. 2009

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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-------
Hualapai Indian Tribe of the Hualapai Indian Reservation. Hualapai Water Resources Ordinance
section 701. A. 2009

Idaho Code section 39-103(18)

Idaho Code section 39-107D

Idaho Code section 39-3601

Ind.

Code

section

13-11-2-221.5

Ind.

Code

section

13-11-2-265

Ind.

Code

section

13-11-2-265.7

Ind.

Code

section

13-11-2-74.5

Ind.

Code

section

13-14-9-3

Ind.

Code

section

13-14-9-4

Ind.

Code

section

13-18-22-1 et seq

Ind.

Code

section

13-24-1-4

Ind.

Code

section

13-25-4-2

Ind.

Code

section

13-30-4-1

Ind.

Code

section

14-26-2-1 et seq.

Ind.

Code

section

14-28-1

Iowa Code section 101.1 et seq.

Iowa Code section 455B. 105(3)

Iowa code section 455B.171

Iowa Code section 455B.173

Iowa Code section 455B.191

Iowa Code section 455B.261 et seq.

Iowa Code section 455B.392

Iowa Code section 455B.423

Iowa Code section 456B. 1

Iowa Code section 459.311

Iowa Code section 481 A. 151

Jicarilla Apache Nation Code section 14-3-2

Jicarilla Apache Nation Code section 14-3-4 (D)

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
235

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Jicarilla Apache Nation Code section 21-5-5

Jicarilla Apache Nation Code section 21-6-1 (A)

Jicarilla Apache Nation Code section 21-6-3(D)

Kan. Stat, section 24-126

Kan. Stat, section 65-161(a)

Kan. Stat, section 65-171

Kan. Stat, section 82a-301 et seq.

Kashia Band of Pomo Indians of the Stewarts Point Rancheria. Ordinance No. 7 section 1

Kashia Band of Pomo Indians of the Stewarts Point Rancheria. Ordinance No. 7 section 2(D)

Kashia Band of Pomo Indians of the Stewarts Point Rancheria. Ordinance No. 7 section 2(F[sic])

Kashia Band of Pomo Indians of the Stewarts Point Rancheria. Ordinance No. 7 section 2(G)

Kashia Band of Pomo Indians of the Stewarts Point Rancheria. Ordinance No. 7 section 3

Ky. Rev. Stat, section 13A. 120

Ky. Rev. Stat, section 13A.245

Ky. Rev. Stat, section 151.250

Ky. Rev. Stat, section 224.1-010(32)

Ky. Rev. Stat, section 224.1-070

Ky. Rev. Stat, section 224.1-400(15)

Ky. Rev. Stat, section 224.46-580

Ky. Rev. Stat, section 224.99-010

La. Stat, section 30:2073(7)

La. Stat, section 41:1701 et seq.

La. Stat, section 49:214.2(16)

La. Stat, section 49:214.23(6)

La. Stat, section 30:2479

La. Stat, section 30:2483

La. Stat, section 30:2488

La. Stat, section 30:2491

La. Stat, section 49:214.21 et seq.

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
236

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Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin. Tribal Code of Law
section 7.105(1)

Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin. Tribal Code of Law
section 7.105(2)

Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin. Tribal Code of Law
section 7.501

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.108(18)

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.108(5)

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.301

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.501

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.703

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.802

Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation
of Wisconsin. Tribal Code section 23.804

Lummi

Tribe

of the

Lummi

Reservation.

Tribal

Code

section

17.05.020

Lummi

Tribe

of the

Lummi

Reservation.

Tribal

Code

section

17.05.060(f)

Lummi

Tribe

of the

Lummi

Reservation.

Tribal

Code

section

17.05.060(g)

Lummi

Tribe

of the

Lummi

Reservation.

Tribal

Code

section

17.06.010(a)

Lummi

Tribe

of the

Lummi

Reservation.

Tribal

Code

section

17.06.010(b)

Lummi

Tribe

of the

Lummi

Reservation.

Tribal

Code

section

17.06.020

Lummi

Tribe

of the

Lummi

Reservation.

Tribal

Code

section

17.06.030

Lummi

Tribe

of the

Lummi

Reservation.

Tribal

Code

section

17.06.090

Lummi

Tribe

of the

Lummi

Reservation.

Tribal

Code

section

17.08.010(f)

Lummi

Tribe

of the

Lummi

Reservation.

Tribal

Code

section

17.09.010

Lummi

Tribe

of the

Lummi

Reservation.

Tribal

Code.

National Indian Law Library. Last

updated March 2019. Available at https://www.narf.org/nill/codes/lummi/index.html
Mass. Gen. Laws ch. 130, section 105
Mass. Gen. Laws ch. 21M, section 8

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
237

-------
Mass. Gen. Laws ch. 131, section 40
Mass. Gen. Laws ch. 21, section 26A
Mass. Gen. Laws ch. 21E, section 11
Mass. Gen. Laws ch. 2IE, section 5
Mass. Gen. Laws ch. 91
Md. Code, Envir. section 16-101 et seq.

Md. Code, Envir. section 16-101 (p)

Md. Code, Envir. section 4-408
Md. Code, Envir. section 4-409
Md. Code, Envir. section 4-411
Md. Code, Envir. section 4-417
Md. Code, Envir. section 4-418
Md. Code, Envir. section 5-101(1)

Md. Code, Envir. section 5-501 et seq.

Md. Code, Envir. section 5-901 et seq.

Md. Code, Envir. section 5-90l(m)

Me. Stat. tit. 25, section 2482
Me. Stat. tit. 38, section 341-H(3)

Me. Stat. tit. 38, section 361-A(7)

Me. Stat. tit. 38, section 480-A et seq.

Me. Stat. tit. 38, section 480-B
Me. Stat. tit. 38, section 551
Me. Stat. tit. 38, section 552

Menominee Indian Tribe of Wisconsin. Tribal Code section 512-1. A
Menominee Indian Tribe of Wisconsin. Tribal Code section 512-32.C
Menominee Indian Tribe of Wisconsin. Tribal Code section 512-5
Menominee Indian Tribe of Wisconsin. Tribal Code section 512-7. C
Menominee Indian Tribe of Wisconsin. Tribal Code section 512-7.D
Mich. Comp. Laws section 24.232
Mich. Comp. Laws section 24.245

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
238

-------
Mich. Comp. Laws section 29.1 et seq.

Mich. Comp. Laws section 324.2010
Mich. Comp. Laws section 324.20119
Mich. Comp. Laws section 324.20126a
Mich. Comp. Laws section 324.30301(n)

Mich. Comp. Laws section 324.3101
Minn. Stat, section 103G
Minn. Stat, section 103G.005-17
Minn. Stat, section 103G.005-19
Minn. Stat, section 103G.2375
Minn. Stat, section 115.03-22
Minn. Stat, section 115B.17
Minn. Stat, section 116.07
Minn. Stat, section 116.155
Miss. Code section 29-15-1 et seq.

Miss. Code section 49-17-34(2)

Miss. Code section 49-17-43
Miss. Code section 49-17-5(f)

Miss. Code section 49-27-1 et seq.

Miss. Code section 49-27-5(a)

Mo. Rev. Stat, section 260.530, 260.535
Mo. Rev. Stat, section 644.016(27)

Mohegan Tribe of Indians of Connecticut. Tribal Code section 5-211(a)

Mohegan Tribe of Indians of Connecticut. Tribal Code section 5-211(b)

Mohegan Tribe of Indians of Connecticut. Tribal Code section 5-211(d)

Mohegan Tribe of Indians of Connecticut. Tribal Code section 5-211(h)

Mohegan Tribe of Indians of Connecticut. Tribal Code section 5-21 l(j)

Mont. Code section 75-5-103
Mont. Code section 75-5-203
Mont. Code section 75-5-309

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
239

-------
Mont. Code section 75-5-63
Mont. Code section 75-5-635
Mont. Code section 75-6-116
Mont. Code sections 75-7-101 et seq.

Mont. Code sections 75-7-201 et seq.

N.C. Gen. Stat. 113A-100 et seq.

N.C. Gen. Stat. 143-212(6)

N.C. Gen. Stat, section 113-229
N.C. Gen. Stat, section 113A-100 et seq.

N.C. Gen. Stat, section 143-215.87
N.C. Gen. Stat, section 143-215.88
N.C. Gen. Stat, section 143-215.88A
N.C. Gen. Stat, section 143-215.90
N.C. Gen. Stat, section 143-215.93
N.C. Gen. Stat, section 143-215.95 et seq.

N.C. Gen. Stat, section 150B-19.3
N.D. Admin. Code 89-10-01-34
N.D. Cent. Code section 23-01-04.1
N.D. Cent. Code section 61-01-01
N.D. Cent. Code section 61-03
N.D. Cent. Code section 61-31-02 (7)

N.D. Cent. Code section 61-33
N.D. Cent. Code, section 23-20.3-05.1
N.D. Cent. Code, section 23-20.3-09
N.D. Cent. Code, section 23-31-01
N.D. Cent. Code, section 23-37-12
N.H. Rev. Stat, chapter 146-A
N.H. Rev. Stat, chapter 482-A
N.H. Rev. Stat, section 482-A:2
N.H. Rev. Stat, section 485-A:l

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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240

-------
N.H. Rev. Stat, section 485-A:2(XIV)

N.J. Rev. Stat, section 13:9A-1 et seq.

N.J. Rev. Stat, section 13:9A-2

N.J. Rev. Stat, section 13:9B-3

N.J. Rev. Stat, section 58:10-23.11

N.J. Rev. Stat, section 58:lA-3

N.M. Stat, section 74-4-10

N.M. Stat, section 74-4-7

N.M. Stat, section 74-4-8

N.M. Stat, section 74-6-2

N.Y. Env. Law section 15-0501 et seq.

N.Y. Env. Law section 24-0101 et seq.

N.Y. Env. Law section 25-0101 et seq.

N.Y. Envtl. Conserv. section 17-0105(2)

N.Y. Envtl. Conserv. section 17-1001 et seq.

N.Y. Envtl. Conserv. section 24-0107(1)

N.Y. Envtl. Conserv. section 25-0103(1)

N.Y. Nav. Law section 12

N.Y. Nav. Law section 171

N.Y. Nav. Law section 189

Navajo Nation.

Tribal

Code

section

102(a)(21)

Navajo Nation.

Tribal

Code

section

102(a)(41)

Navajo Nation.

Tribal

Code

section

102(a)(43)

Navajo Nation.

Tribal

Code

section

102(a)(44)

Navajo Nation.

Tribal

Code

section

102(a)(9)

Navajo Nation.

Tribal

Code

section

103(a)(2)

Navajo Nation.

Tribal

Code

section

201(a)

Navajo Nation.

Tribal

Code

section

201(b)

Navajo Nation.

Tribal

Code

section

301(a)

Navajo Nation.

Tribal

Code

section

301(b)

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
241

-------
Neb. Rev.
Neb. Rev.
Nev. Rev.
Nev. Rev.
Nev. Rev.
Nev. Rev.
Nev. Rev.
Nev. Rev.
Nev. Rev.

Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua
Nisqua

Stat, section 81-1502(21)

Stat, section 81-1508
Stat, section 233B.0603(l)(a)(9)

Stat, section 233B.0609(6)

Stat, section 233B.066(l)(i)

Stat, section 322.100 et seq.

Stat, section 445A.415
Stat, section 445A.700
Stat, section 445C.310

Indian Tribe. Tribal Code section 14.02.01(q)
Indian Tribe. Tribal Code section 14.02.01(y)(i)
Indian Tribe. Tribal Code section 14.03
Indian Tribe. Tribal Code section 14.06.01
Indian Tribe. Tribal Code section 14.06.04
Indian Tribe. Tribal Code section 14.06.05
Indian Tribe. Tribal Code section 14.10.01
Indian Tribe. Tribal Code section 14.10.02
Indian Tribe. Tribal Code section 14.11.02
Indian Tribe. Tribal Code section 14.12.01
Indian Tribe. Tribal Code section 14.12.02
Indian Tribe. Tribal Code section 14.12.03
Indian Tribe. Tribal Code section 14.12.04
Indian Tribe. Tribal Code section 14.12.05
Indian Tribe. Tribal Code section 14.12.06
Indian Tribe. Tribal Code section 14.13.05
Indian Tribe. Tribal Code section 14.13.06
Indian Tribe. Tribal Code section 14.14.01
Indian Tribe. Tribal Code section 14.14.02
Indian Tribe. Tribal Code section 409.3-l(k)
Indian Tribe. Tribal Code section 409.4-12

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
242

-------
Ni squally

ndian

Tribe.

Tribal

Code

section 409.4-4

Ni squally

ndian

Tribe.

Tribal

Code

section 409.4-7

Ni squally

ndian

Tribe.

Tribal

Code

section 409.6-1

Ni squally

ndian

Tribe.

Tribal

Code

section 605.10-1

Ni squally

ndian

Tribe.

Tribal

Code

section 605.12-1

Ni squally

ndian

Tribe.

Tribal

Code

section 605.8-3

Ni squally

ndian

Tribe.

Tribal

Code

section 14.02.01 (a)(ii)

Ni squally

ndian

Tribe.

Tribal

Code

section 14.02.01(a)

Ni squally

ndian

Tribe.

Tribal

Code

section 14.02.01(n)

Ni squally

ndian

Tribe.

Tribal

Code

section 14.02.01(w)

Ni squally

ndian

Tribe.

Tribal

Code

section 14.02.01(y)

Ohio Rev.

Code section 121.39



Ohio Rev. Code section 1501.30(A)(6)

Ohio Rev. Code section 1506
Ohio Rev. Code sections 3745.12-13
Ohio Rev. Code section 6111.02(P)

Okla. Stat. tit. 27A, section 1-1-201 (20)

Okla. Stat. tit. 27A, section 1-1-206
Okla. Stat. tit. 27A, section 2-7-129
Or. Rev. Stat, section 183.332
Or. Rev. Stat, section 468B.005
Or. Rev. Stat, section 468B. 110(2)

Or. Rev. Stat, section 468B.310
Or. Rev. Stat, section 468B.320
Or. Rev. Stat, section 468B.45
Or. Rev. Stat, section 468B.455
P.R. Laws act 416, tit. 2, section 1301.1
P.R. Laws tit. 12, section 5005

Pawnee Nation of Oklahoma Law and Order Code Title XI section 1902
Pawnee Nation of Oklahoma Law and Order Code Title XII section 007(aa)

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
243

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Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 007(e)

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 007(r)

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 007(s)

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

Section 401(c)(8)

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 401(d)

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 402(j)

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 402(r)

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 402(u)

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 402(v)

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 403(b)

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 403(c)

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 404

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 408

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 502

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 902

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 905(a)

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 905

Pawnee

Nation

of Oklahoma

Law

and

Order

Code

Title

XII

section 512

Pit River Tribe. Tribal Code, section 15.1.103(A)(3)
Pit River Tribe. Tribal Code, section 15.1.202(A)
Pit River Tribe. Tribal Code, section 15.1.204(A)(68)

Poarch Band

of Creeks

Tribal

Code

section 26-1-2 (e)

Poarch Band

of Creeks

Tribal

Code

section 26-1-2 (h)

Poarch Band

of Creeks

Tribal

Code

section 26-1-2 (m)

Poarch Band

of Creeks

Tribal

Code

section 26-1-2 (t)

Poarch Band

of Creeks

Tribal

Code

section 26-3-11 (a)

Poarch Band

of Creeks

Tribal

Code

section 26-4-2 (b)

Poarch Band

of Creeks

Tribal

Code

section 26-4-2 (1)

Poarch Band

of Creeks

Tribal

Code

section 26-4-3 (b)

Poarch Band

of Creeks

Tribal

Code

section 26-4-3 (b)(2)

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
244

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Poarch Band of Creeks Tribal Code section 26-4-10
Poarch Band of Creeks Tribal Code section 26-4-13

Pokagon Band of Potawatomi Indians. Health and Safety Act section 2.04. 2015
Port Gamble S'Klallam Tribal Code section 24.01.01
Port Gamble S'Klallam Tribal Code section 24.01.02 (h)

Port Gamble S'Klallam Tribal Code section 24.01.02
Port Gamble S'Klallam Tribal Code section 24.04.04
Port Gamble S'Klallam Tribal Code section 24.08.01(c)

Puyallap Tribe of the Puyallup Reservation Tribal Code section
Puyallap Tribe of the Puyallup Reservation Tribal Code section
Puyallap Tribe of the Puyallup Reservation Tribal Code section
Puyallap Tribe of the Puyallup Reservation Tribal Code section
Puyallap Tribe of the Puyallup Reservation Tribal Code section

Quinault

Indian Nation Tribal Code section

.03.010

(o)

Quinault

Indian Nation Tribal Code section

.03.010

(t)

Quinault

Indian Nation Tribal Code section

.03.010

(bb)

Quinault

Indian Nation Tribal Code section

.05.010

(a)

Quinault

Indian Nation Tribal Code section

.07.010

(a)

Quinault

Indian Nation Tribal Code section

.07.010

(d)

R.I. Gen. Laws section 2-1-18 et seq.

R.I. Gen. Laws section 2-1-20
R.I. Gen. Laws section 46-12.5.1-6
R.I. Gen. Laws section 46-12.5.1-7
R.I. Gen. Laws section 46-12.7-2.1
R.I. Gen. Laws section 46-12-1
R.I. Gen. Laws section 46-23-1 et seq.

R.I. Gen. Laws section 46-23-6

Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribal Code section 11.2.23
Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribal Code section 11.4.10
Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribal Code section 11.4.11

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
245

10.08.020

(g)

10.08.020

(aa)

15.16.030

(aa)

15.16.050

15.16.070

-------
Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribal Code section 11.4.5

Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribal Code section 12.2.3

Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribal Code section 12.2.19

Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribal Code section 12.3.1

Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribal Code section 12.4.1

Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribal Code section 37.6.10

Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribal Code section 55.2.10

Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribal Code section 55.3.3

Resighini Rancheria. Tribal Water Quality Ordinance No. 01-2002 section 2. 2006

Resighini Rancheria. Tribal Water Quality Ordinance No. 01-2002 section 509. 2006

Resighini Rancheria. Tribal Water Quality Ordinance No. 01-2002 section 801. 2006

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance Appendix D

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance Appendix D section (e)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (b)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (bbbb)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (ffff)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (ii)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (jjj)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (1)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (mm)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (s)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (uu)

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
246

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Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.903 (zz)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.904 (a)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.905 (d)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.915 (a)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.915 (b)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.915 (c)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.920 (a)

Rincon Band of Luiseno Mission Indians of the Rincon Reservation Water Resources Protection
Ordinance section 8.921 (c)

Rosebud Sioux Tribe of the Rosebud Indian Reservation Tribal Code section 19-6-102 (2)

Rosebud Sioux Tribe of the Rosebud Indian Reservation Tribal Code section 19-6-102 (5)

Rosebud Sioux Tribe of the Rosebud Indian Reservation Tribal Code section 19-6-102 (6)

Rosebud Sioux Tribe of the Rosebud Indian Reservation Tribal Code section 19-6-102 (7)

Rosebud Sioux Tribe of the Rosebud Indian Reservation Tribal Code section 19-6-104

Rosebud Sioux Tribe of the Rosebud Indian Reservation Tribal Code section 19-6-110

S.C. Code section 19-450

S.C. Code section 48-1-10(2)

S.C. Code section 48-39-10(G)

S.C. Code section 49-1-10

S.C. Code section 8-39-10 et seq.

S.D. Codified Laws section 1-40-4.1

S.D. Codified Laws section 34A-12-12

S.D. Codified Laws section 34A-12-3

S.D. Codified Laws section 34A-2-100

S.D. Codified Laws section 34A-2-2(12)

S.D. Codified Laws section 34A-2-34

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
247

-------
S.D. Codified Laws section 34A-2-53
S.D. Codified Laws section 41-2-18

Saint Regis Mohawk Tribe. Akwesasne Wetlands Conservation Act section 01-0102(4). 2016

Saint Regis Mohawk Tribe. Akwesasne Wetlands Conservation Act section 01-0103(5). 2016

Saint Regis Mohawk Tribe. Akwesasne Wetlands Conservation Act section 01-0301. 2016

Seminole Tribe of Florida Tribal Code, Subtitle B

Seminole Tribe of Florida Tribal Water Code, Subtitle A section 3.6.3

Seminole Tribe of Florida Tribal Water Code, Subtitle B section 11.6

Seminole Tribe of Florida Tribal Water Code, Subtitle B section 12.2.5

Seminole Tribe of Florida Tribal Water Code, Subtitle B section 12.3.1.2

Seminole Tribe of Florida Tribal Water Code, Subtitle B section 13.4.5

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.02.230

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.02.240

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.03.010

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.03.020

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.03.340

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.06.010

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.060.040

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.060.040

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code section
23.20.120

Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Tribal Code
section 23.03.110

Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Tribal Code section 61-01-04 (m)
Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Tribal Code section 61-02-02 (b)

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

November 18, 2021
248

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Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Tribal Code section 61-02-02 (e)(5)

Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Tribal Code section 61-02-02 (h)

Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Tribal Code section 61-02-04

Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Tribal Code section 61-02-07

Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Tribal Code section 61-03-05 (f)

Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Tribal Code section 61-03-05 (1)

Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Tribal Code section 61-03-05(n)

Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Tribal Code section 61-03-06

Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Tribal Code section 61-03-09

Skokomish Indian Tribe Codes and Ordinances section 6.03.116(a)

Skokomish Indian Tribe Codes and Ordinances section 6.03.116(t)

Skokomish Indian Tribe Codes and Ordinances section 6.03.122

Skokomish Indian Tribe Codes and Ordinances section 6.03.125

Skokomish Indian Tribe Codes and Ordinances section 6.03.128

Skokomish Indian Tribe Codes and Ordinances section 6.03.129

Skokomish Indian Tribe Codes and Ordinances section 6.03.130

Skokomish Indian Tribe Codes and Ordinances section 6.03.132

Skokomish Indian Tribe Codes and Ordinances section 6.03.145

Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.10

Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.11(d)

Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.13.1

Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.13.2

Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.13.3

Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.13.7

Snoqualmie Indian Tribe Tribal Code Title II, Ch. 1 section 6.4.4

Snoqualmie Indian Tribe Tribal Code Title VI, Ch. 1 section 3.0

Snoqualmie Indian Tribe Tribal Code Title VI, Ch. 1 section 4.0

Snoqualmie Indian Tribe Tribal Code Title VI, Ch. 1 section 5.0

Stockbridge Munsee Community Tribal Code section 34.2(B)

Stockbridge Munsee Community Tribal Code section 34.2(E)

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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Stockbridge Munsee Community Tribal Code section 34.2(G)

Stockbridge Munsee Community Tribal Code section 34.24
Stockbridge Munsee Community Tribal Code section 34.39
Stockbridge Munsee Community Tribal Code section 34.41
Stockbridge Munsee Community Tribal Code section 34.42
Stockbridge Munsee Community Tribal Code section 34.43
Stockbridge Munsee Community Tribal Code section 34.45

Susanville Indian Rancheria. Discharge of Pollutants into the Waters of the Susanville Indian
Rancheria Ordinance No. 2003-01 section III (6). 2003

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19.06.030 (H)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19.06.030 (M)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19.06.080 (A)(46)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19.06.110

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19.06.130

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.060 (C)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.060 (R)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.070 (A)(1)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.070 (A)(13)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.070 (A)(35)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.070 (A)(4)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.070 (A)(41)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.070 (A)(53)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.100(5)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.200 (A)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.270

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.280

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.3 3 0(D)

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.410

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.460

Swinomish

Indian

Tribal

Community

Tribal

Code

section

19-04.510

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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250

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Swinomish Indian Tribal Community Tribal Code section 19-06.080 (A)(19)

Swinomish Indian Tribal Community Tribal Code section 19-06.080 (A)(36)

Swinomish Indian Tribal Community Tribal Code section 19-06.080 (A)(40)

Swinomish Indian Tribal Community Tribal Code section 19-06.080 (A)(44)

Swinomish Indian Tribal Community Tribal Code section 19-06.150 (C)

Swinomish Indian Tribal Community Tribal Code section 19-04.080 (A)

Te-Moak Tribe of Western Shoshone Indians of Nevada. Water Pollution
ORD-TM-01 section 2(D)

Te-Moak Tribe of Western Shoshone Indians of Nevada. Water Pollution
ORD-TM-01 section 2(G)

Te-Moak Tribe of Western Shoshone Indians of Nevada. Water Pollution
ORD-TM-01 section 3

Tenn. Code section 4-5-226(k)

Tenn. Code section 50-3-101 et seq.

Tenn. Code section 68-212-114

Tenn. Code section 68-216-103

Tenn. Code section 69-3-103

Tenn. Code section 69-3-108

Tex. Nat. Res. Code section 40.202

Tex. Nat. Res. Code section 40.251

Tex. Water Code section 26.001(5)

Tex. Water Code section 26.017(5)

The Laws of the Gros Ventre and Assiniboine Tribes of Fort Belknap, Title X, Fish and Wildlife
Conservation Code, Section 7.05

The Laws of the Gros Ventre and Assiniboine Tribes of Fort Belknap, Title X, Fish and Wildlife
Conservation Code, Section 12.18

Tohono O'odham Nation of Arizona Tribal Code section 25.3
Tohono O'odham Nation of Arizona Tribal Code section 25.3.3101(A)

Tohono O'odham Nation of Arizona Tribal Code section 25.3.3103
Tohono O'odham Nation of Arizona Tribal Code section 25.3.3305(A)

Tohono O'odham Nation of Arizona Tribal Code section 25.5.1

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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251

Ordinance No. 98-
Ordinance No. 98-
Ordinance No. 98-

-------
Tohono O'odham Nation of Arizona Tribal Code section 25.5.5(f)
Tohono O'odham Nation of Arizona Tribal Code section 25.5.5(h)

Tulalip

Tribes

of Washington

Tribal

Code

section

7.110.020

Tulalip

Tribes

of Washington

Tribal

Code

section

7.110.0401

Tulalip

Tribes

of Washington

Tribal

Code

section

7.110.050(1)

Tulalip

Tribes

of Washington

Tribal

Code

section

7.110.070

Tulalip

Tribes

of Washington

Tribal

Code

section

7.115.060

Tulalip

Tribes

of Washington

Tribal

Code

section

7.120.020

Tulalip

Tribes

of Washington

Tribal

Code

section

7.120.030

Tulalip

Tribes

of Washington

Tribal

Code

section

7.120.040

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.050(10)

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.050(17)

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.050(18)

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.100

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.130

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.140

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.220

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.230

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.240

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.280

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.290

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.440

Tulalip

Tribes

of Washington

Tribal

Code

section

8.20.450

Tulalip

Tribes

of Washington

Tribal

Code

section

8.30.010(1)

Tulalip

Tribes

of Washington

Tribal

Code

section

8.35.130 (3)

Turtle Mountain Band of Chippewa Indians of North Dakota. Tribal Code section 30.0101
Turtle Mountain Band of Chippewa Indians of North Dakota. Tribal Code section 30.0103
Turtle Mountain Band of Chippewa Indians of North Dakota. Tribal Code section 30.0105 (15)
Turtle Mountain Band of Chippewa Indians of North Dakota. Tribal Code section 30.0401
Turtle Mountain Band of Chippewa Indians of North Dakota. Tribal Code section 30.0405

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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Turtle Mountain Band of Chippewa Indians of North Dakota. Tribal Code section 31.0602

Utah Code section 19-5-102

Utah Code section 19-5-105

Utah Code section 19-5-115

Utah Code section 53-7-106

Utah Code section 73-3-29

Va. Code section 28.2-13

Va. Code section 62.1-44.15(10)

Va. Code section 62.1-44.15(3a)

Va. Code section 62.1-44.15

Va. Code section 62.1-44.15:1

Va. Code section 62.1-44.19:7(B)

Va. Code section 62.1-44.3

Va. Code section 62.1-44.5

Vt. Stat. tit. 10, section 1251(13)

Vt. Stat. tit. 10, section 1929a, chapter 159

Vt. Stat. tit. 10, section 6081

Vt. Stat. tit. 10, section 6612

Vt. Stat. tit. 10, section 6615

Vt. Stat. tit. 10, section 6615d

Vt. Stat. tit. 10, section 902(3)

Vt. Stat. tit. 10, section 902(5)

W. Va. Code section 22-11-22

W. Va. Code section 22-11-25

W. Va. Code section 22-11-29

W. Va. Code section 22-l-3a

W. Va. Code section 22-19-2

W. Va. Code section 22-30

W. Va. Code section 22-31

W. Va. Code section 22-5-4

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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253

-------
W.Va. Code section 22-11-3(23)

Waganakising Odawak Nation. Tribal Code section 4.403.K

Waganakising

Odawak Nation.

Waganakising

Odawak

Statute

2006.016

section

I B. 2006

Waganakising

Odawak Nation.

Waganakising

Odawak

Statute

2006.016

section

II(K). 2006

Waganakising

Odawak Nation.

Waganakising

Odawak

Statute

2006.016

section

II. 2006

Waganakising

Odawak Nation.

Waganakising

Odawak

Statute

2006.016

section

II.B. 2006

Waganakising

Odawak Nation.

Waganakising

Odawak

Statute

2006.016

section

III(B). 2006

Waganakising

Odawak Nation.

Waganakising

Odawak

Statute

2006.016

section

III(D). 2006

Waganakising

Odawak Nation.

Waganakising

Odawak

Statute

2006.016

section

III(E). 2006

Waganakising

Odawak Nation.

Waganakising

Odawak

Statute

2006.016

section

III(G). 2006

Waganakising

Odawak Nation.

Waganakising

Odawak

Statute

2006.016

section

III(H). 2006

Waganakising

Odawak Nation.

Waganakising

Odawak

Statute

2006.016

section

III(I). 2006

Waganakising

Odawak Nation.

Waganakising

Odawak

Statute

2006.016

section

VIII(A). 2006

Wash. Rev. Code section 36.70A.030(23)

Wash. Rev. Code section 77.55

Wash. Rev. Code section 90.48

Wash. Rev. Code section 90.48.020

Wash. Rev. Code section 90.56.330

Wash. Rev. Code section 90.56.360

Wash. Rev. Code section 90.56.500

White Mountain Apache Tribe of the

White Mountain Apache Tribe of the
(A)

White Mountain Apache Tribe of the

(C)

White Mountain Apache Tribe of the

(D)(3)

White Mountain Apache Tribe of the
3.3(A)(1)

White Mountain Apache Tribe of the

Fort Apache Reservation Environmental Code Preamble
Fort Apache Reservation Environmental Code section 3.1

Fort Apache Reservation Environmental Code section 3.1

Fort Apache Reservation Environmental Code section 3.2

Fort Apache Reservation Environmental Code section

Fort Apache Reservation Environmental Code section 3.6

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section 3.6
(M)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section 3.6
(N)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section
3.8(A)(63)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section
3.8(A)(78)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section
3.8(A)(79)

White Mountain Apache Tribe of the Fort Apache Reservation Environmental Code section
3.8(A)(81)

Wis. Stat, chapter 30

Wis. Stat, chapter 31

Wis. Stat, section 23.32(1)

Wis. Stat, section 281.01(18)

Wis. Stat, section 281.36

Wis. Stat, section 283.11(2)

Wis. Stat, sections 292.98 to .99

Wyo. Stat, section 35-1 l-103(c)(vi)

Wyo. Stat, section 35-1 l-103(c)(x)

Wyo. Stat, section 35-11-901

Wyo. Stat, section 35-11-903

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 1.2.1. 2009

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 1.2.2. 2009

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 1.3. 2009

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 1.4. 2009

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 2. 2009

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 4.1. 2009

Yurok Tribe of the Yurok Reservation. Water Pollution Control Ordinance section 5. 2009

Yurok Tribe of the Yurok Reservation. Yurok Tribe Water Pollution Control Ordinance.

http://www.vuroktribe.org/government/councilsupport/documents/FinalYurokWaterPollutionCo

ntrolQrdinancel20705.pdf

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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3.	Executive Orders

Md. Exec. Order No. 01.01.1996.03 (1996)

N.J. Exec. Order No. 2 (Gov. Christie), Jan. 20, 2010
N.J. Exec. Order No. 27 (Gov. Whitman), Nov. 2, 1994
Pa. Exec. Order No. 1996-1, Feb. 6, 1996

4.	Regulations: Federal

33 C.F.R. section 154

33 C.F.R. section 155

33 C.F.R. section 328.3(b)

33 C.F.R. section 328.3(c)

33 C.F.R. section 331.2

40 C.F.R. section 112(A)-(C)

40 C.F.R. section 112.1

40 C.F.R. section 112.1-112.15

40 C.F.R. section 122.2

40 C.F.R. section 122.28

40 C.F.R. section 122.41

40 C.F.R. section 122.44(d)(l)(vii)(B).

40 C.F.R. section 122.44(d)(1)

40 C.F.R. section 122.44(d)

40 C.F.R. section 123(d)(2)

40 C.F.R. section 123.1(i)(l)

40 C.F.R. section 123.1(i)(2)

40 C.F.R. section 123.31-132.34

40 C.F.R. section 130.16

40 C.F.R. section 131.35(d)(3)

40 C.F.R. section 131.4(c)

40 C.F.R. section 131.8

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
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40 C.F.R.

section 230

40

C.F.R.

section

232.2

40

C.F.R.

section

232.2

40

C.F.R.

section

232.2

40

C.F.R.

section

233.1(c)

40

C.F.R.

section

233.1(d)

40

C.F.R.

section

233.15

40

C.F.R.

section

233.60-233.62

40

C.F.R.

section

260.10

40

C.F.R.

section

264.1(g)(6)

40

C.F.R.

section

265.1(c)(10)

40

C.F.R.

section

270.1(c)(2)(v)

40

C.F.R.

section

270.60(c)

49

C.F.R.

section

194

United States Army Corps of Engineers. Final Rule for Regulatory Programs of the Corps of
Engineers. 51 Fed. Reg. 41,206 (Nov. 13, 1986) (to be codified at 33 CFR Parts 320, 321, 322,
323, 324, 325, 326, 327, 328, 329 and 330)

United States Army Corps of Engineers and United States Environmental Protection Agency.
Clean Water Act Regulatory Programs. 58 Fed. Reg. 45,034 (August 25, 1993) (to be codified at
33 CFR Parts 323 and 328; and 40 CFR Parts 110, 112, 116, 117, 122, 230, 232 and 401)

United States Environmental Protection Agency. Amendments to the Water Quality Standards
Regulation that Pertain to Standards on Indian Reservations. 56 Fed. Reg. 64,876 (December 12,
1991) (to be codified at 40 CFR Part 131)

United States Environmental Protection Agency. Impaired Waters and TMDLs, Final Rule -
Treatment of Indian Tribes in a Similar Manner as States for Purposes of Section 303(d) of the
Clean Water Act, https://www.epa.gov/tmdl/final-rule-treatment-indian-tribes-similar-manner-
states-purposes-section-3 03 d-clean-water-act

United States Environmental Protection Agency. Indian Tribes: Air Quality Planning and
Management. Final Rule. 63 Fed. Reg. 7,254 (February 12, 1998) (to be codified at 40 CFR Parts
9,35,49, 50, and 81)

United States Environmental Protection Agency. National Pollutant Discharge Elimination
System Permit Application Regulations for Storm Water Discharges. 55 Fed. Reg. 47,990
(November 16, 1990) (to be codified at 40 CFR Parts 122,123, and 124)

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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United States Environmental Protection Agency. National Pollutant Discharge Elimination
System - Regulations for Revision of the Water Pollution Control Program Addressing Storm
Water Discharges. 64 Fed. Reg. 68,722 (December 8, 1999) (to be codified at 40 CFR Parts 9,
122, 123, and 124)

United States Environmental Protection Agency. Revised Interpretation of Clean Water Act
Tribal Provision. 81 Fed. Reg. 30,183 (May 16, 2016) (to be codified as 40 CFR Parts 123, 131,
233 and 501)

United States Environmental Protection Agency. State Program Requirements; Approval of
Application by Oklahoma to Administer the National Pollutant Discharge Elimination System
(NPDES) Program. 61 Fed. Reg. 65047-65053 (Dec. 10, 1996)

United States Environmental Protection Agency. Treatment of Indian Tribes in a Similar Manner as
States for Purposes of Section 303(d) of the Clean Water Act. 81 Fed. Reg. 65,901 (September 26, 2016)
(to be codified as 40 CFR Part 130)

5. Regulations: States, Tribes, and Other United States Jurisdictions

020.0011.2 Wyo. Code R. section 2

117 Neb. Admin. Code, ch. 1, section 082

126 Neb. Admin. Code ch. 18

138.00.07-003 Ark. Code R.

153 Neb. Admin. Code, ch. 17

15AN.C. Admin. Code 02B.0202

15AN.C. Admin. Code 2H.1301 et seq.

18 Guam Admin. R. & Regs section 3504(b)

22 Guam Admin. R. & Regs section 5105 (2001)

250 R.I. Code R. 140-25-2

30 Tex. Admin. Code chapter 307

30 Tex. Admin. Code chapter 334

30 Tex. Admin. Code section 307.3(a)(84)

4	Pa. Code section 1.371(5)

401 Ky. Admin. Regs. 5:002(177)

5	Colo. Code Regs. Sections 1002-31.5(51)

527 Mass. Code Regs. 5.00, 9.00

675 Ind. Admin. Code 22-2.3

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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7 Colo. Code Regs, sections 1101-14

7-1352 Del. Admin. Code 1.0 et seq.

7-7201 Del. Admin. Code 2.0

7-7502 Del. Admin. Code 5.0

815 Ky. Admin. Regs. 7:120(3)(7)(i)

9 Va. Admin. Code section 25-210-10 et seq.

Ala. Admin. Code r. 220-4-.01 et seq.

Ala. Admin. Code r. 335-13-1-.03(146)

Ala. Admin. Code r. 335-6-15

Ala. Admin. Code r. 335-8-l-.02(nnn)

Ala. Admin. Code r. 335-8-2-.02

Ala. Admin. Code r. 335-8-2-.03

Alaska Admin. Code tit. 11, section 61.010 et seq.

Alaska Admin. Code tit. 18, section 75.065

Alaska Admin. Code tit. 18, section 75.990(44)

Alaska Admin. Code tit. 18, section 75.990(110)

Am. Samoa Admin. Code section 24.0201 et seq.

Am. Samoa Admin. Code section 24.0201

Ariz. Admin. Code section 18-11-101(49)

Ariz. Admin. Code section 4-36-201 et seq.

Arkansas Pollution Control and Ecology Commission. Regulation No. 12. 2014. Available at
https://www.adeq.state.ar.us/regs/files/regl2 final 180908.pdf

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation.
Water Quality Standards section (D)(43). 2011

Cal. Code Regs. tit. 14, section 13577(b)(1)

Coeur d'Alene Tribe. Water Quality Standards for Approved Surface Waters of the Coeur
D'Alene Tribe section 1(3). 2017

Coeur d'Alene Tribe. Water Quality Standards for Approved Surface Waters of the Coeur
D'Alene Tribe section 102. 2017

Coeur d'Alene Tribe. Water Quality Standards for Approved Surface Waters of the Coeur
D'Alene Tribe section 2. 2017

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part I, Section 1.3

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part I, Section 1.4(o)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part III, Section 1(c)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part III, Section 1(e)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part III, Section 1(f)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part III, Section 1(h)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part III, Section 1(1)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Aquatic Lands
Conservation Ordinance Regulations, Part III, Section l(p)

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 1.2

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 2.11

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 2.13

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 2.25

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 2.26

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 2.35

Confederated Salish and Kootenai Tribes of the Flathead Reservation. Shoreline Protection
Regulations Chapter 2.43

Confederated Tribes of the Chehalis Reservation. Surface Water Quality Standards section 2(22).
1996

Confederated Tribes of the Chehalis Reservation. Surface Water Quality Standards section 2(29).
1996

Confederated Tribes of the Chehalis Reservation. Surface Water Quality Standards section 2(7).
1996

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D.C. Mun. Regs., tit. 21, section 600
Fla. Admin. Code chapter 62-762
Ga. Comp. R. & Regs. 391-3-16.03(3)

Grand Portage Band of the Minnesota Chippewa Tribe. Grand Portage Reservation Water
Quality Standards section IV. 2017

Grand Portage Band of the Minnesota Chippewa Tribe. Grand Portage Reservation Water
Quality Standards section V. 2017

Grand Portage Band of the Minnesota Chippewa Tribe. Grand Portage Reservation Water
Quality Standards section V.E. 2017

Grand Portage Band of the Minnesota Chippewa Tribe. Grand Portage Reservation Water
Quality Standards section VI. 2017

Grand Portage Band of the Minnesota Chippewa Tribe. Grand Portage Reservation Water
Quality Standards section VII. 2017

Haw. CodeR. section 11-54-1

Haw. CodeR. section 11-54-2

Haw. CodeR. section 11-54-3

Haw. CodeR. section 11-54-4

Haw. CodeR. section 11-54-5.2(c)

Haw. CodeR. section 13-169-50 et seq.

Haw. CodeR. section 15-150

Haw. CodeR. sections 13-169-50 et seq.

Hopi Tribe of Arizona. Hopi Water Quality Standards section 1.105. 2010

Hopi Tribe of Arizona. Hopi Water Quality Standards section 4.102.D. 2010

Hopi Tribe of Arizona. Hopi Water Quality Standards. Chapter 8. 2010

Idaho Admin. Code r. 58.01 25.010(01)(110)

111. Admin. Code tit. 41, section 180.20

Iowa Admin. Code r. 567-70.1 et seq.

Iowa Admin. Coder. 571-13.1 et seq.

Kalispel Indian Community of the Kalispel Reservation. Water Quality Standards Applicable to
Waters within the Kalispel Indian Reservation section 12(f)

Kalispel Indian Community of the Kalispel Reservation. Water Quality Standards Applicable to
Waters within the Kalispel Indian Reservation section 4

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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Kan. Admin. Regs, section 28-16-28b(fff)(3)

Kan.

Admin. Regs.

section 28-44-12 et seq

Kan.

Admin. Regs.

section 41

Kan.

Admin. Regs.

section 42

Kan.

Admin. Regs.

section 43

Kan.

Admin. Regs.

section 45

Kan.

Admin. Regs.

section 46

Kan.

Admin. Regs.

section 5-40

La. Admin. Code tit. 33, chapter 9

Lummi Tribe of the Lummi Reservation. Water Quality Standards for Surface Waters of the
Lummi Indian Reservation section 17 LAR 06. 2007

Lummi Tribe of the Lummi Reservation. Water Quality Standards for Surface Waters of the
Lummi Indian Reservation section 17 LAR 07.020. 2007

Lummi Tribe of the Lummi Reservation. Water Quality Standards for Surface Waters of the
Lummi Indian Reservation section 17 LAR 07.190(c). 2007

Lummi Tribe of the Lummi Reservation. Wetland Management Regulations. 2010. Available at
https://www.lummi-nsn.gOv/userfiles/l WetlandManagementRegulationsl7LAR06 2010.pdf

Makah Indian Tribe of the Makah Reservation. Water Quality Standards for Surface Waters. Part
I, Section 2. 2006

Md. Code Regs. 26.10.01

Miccosukee Tribe of Indians. Water Quality Standards for Surface Waters section l.B. 2010

Minn. R. 7151.1100

Mo. Code Regs. tit. 10, 20-7.031(1)(FF)

Mo. Code Regs. tit. 26, 414.012 et seq.

Mont. Admin. R. 17.30.502(12)

Mont. Admin. R. 17.58.326

N. Mar. I. Admin Code section 15-10-001 et seq.

N. Mar. I. Admin Code section 65-130-001

N. Mar. I. Admin Code section 65-130-015(aa)

N. Mar. I. Admin Code section 65-130-015(1)

N. Mar. I. Admin Code section 65-5-001 et seq.

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N.H. Code Admin. R. Env-Or 300
N.J. Admin. Code section 7: IE
N.M. Code R. section 20.5
N.M. Code R. section 20.6.4.7.W(4)

Nev. Admin. Code section 321.448
Nev. Admin. Code section 322.060
Nev. Admin. Code section 459.9921
Ohio Admin. Code 1301:7-7-01 et seq.

Ohio Rev. Code section 6111.021 et seq.

Okla. Admin. Code 165:26-1 et seq.

Okla. Admin. Code 252:205-13-1.

Okla. Admin. Code 252:205-23-2.

Okla. Admin. Code 460:30-1-3
Or. Admin. R. 340-055-0010
Or. Admin. R. 660-015-0010
Or. Admin. R. 837-040-0010 et seq.

Port Gamble S'Klallam Tribe. Water Quality Standards for Surface Waters section 1(3)

Port Gamble S'Klallam Tribe. Water Quality Standards for Surface Waters section 2

Pueblo of Acoma. Water Quality Standards section I.B. 2005

Pueblo of Acoma. Water Quality Standards section VII. 2005

Pueblo of Laguna. Water Quality Standards section 11-2-1 A. 2017

Pueblo of Laguna. Water Quality Standards section 11-2-3(37). 2017

Pueblo of Laguna. Water Quality Standards section 11-2-3(38). 2017

Pueblo of Laguna. Water Quality Standards section 11-2-3(43). 2017

Pueblo of Laguna. Water Quality Standards section 11-2-3(48). 2017

Pueblo ofNambe. Water Quality Code section 11-2-1 A. 2017

Pueblo ofNambe. Water Quality Code section III.P. 2017

Pueblo of Pojoaque. Water Quality Standards section I.C. 2015

Pueblo of Pojoaque. Water Quality Standards section IV.D. 2015

Pueblo of Sandia. Water Quality Standards section III.P. 2009

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Pueblo of Sandia. Water Quality Standards section IV.K. 2009
Pueblo of Sandia. Water Quality Standards section V.D. 2009
Pueblo of Sandia. Water Quality Standards section VII. 2009
Pueblo of Santa Ana. Water Quality Standards section 1. 2013
Pueblo of Santa Ana. Water Quality Standards section 2. 2013
Pueblo of Santa Ana. Water Quality Standards section 59. 2013
Pueblo of Santa Ana. Water Quality Standards section I. A. 2013
Pueblo of Santa Clara. Water Quality Standards section II. A. 2002
Pueblo of Santa Clara. Water Quality Standards section II.B.l. 2002
Pueblo of Santa Clara. Water Quality Standards section III. 2002
Pueblo of Santa Clara. Water Quality Standards section VII. 2002
Pueblo of Taos. Water Quality Standards section I. A. 2019
Pueblo of Taos. Water Quality Standards section III.G. 2019
Pueblo of Taos. Water Quality Standards section VII. 2019
Pueblo of Tesuque. Water Quality Standards section I.C. 2015

Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation. Water Quality Control Plan section
II. 2015

S.C. Code Regs. 19-450
S.C. Code section 39-41-260
S.C. Code section 48-43-560
S.C. Code section 48-43-610
S.D. Admin. R. 41:04:03:01 et seq.

S.D. Admin. R. 74:51:01:01(53)

Saint Regis Mohawk Tribe. Water Quality Standards for the Saint Regis Mohawk Tribe section

I.A. 2016

Saint Regis Mohawk Tribe. Water Quality Standards for the Saint Regis Mohawk Tribe section

II. 2016

Saint Regis Mohawk Tribe. Water Quality Standards for the Saint Regis Mohawk Tribe section
IV.F. 2016

Saint Regis Mohawk Tribe. Water Quality Standards for the Saint Regis Mohawk Tribe section
VI. 2016

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Sokaogon Chippewa Community. Water Quality Standards section I.B. [151.01], 2010

Sokaogon Chippewa Community. Water Quality Standards section II.B.l. [151.11], 2010

Sokaogon Chippewa Community. Water Quality Standards section IV. 2010

Sokaogon Chippewa Community. Water Quality Standards section V. 2010

Spokane Tribe of the Spokane Reservation. Surface Water Quality Standards section 1. 2010

Spokane Tribe of the Spokane Reservation. Surface Water Quality Standards section 12. 2010

Spokane Tribe of the Spokane Reservation. Surface Water Quality Standards section 2. 2010

Tenn. Comp. R. & Regs. 0400-40-07-.03

Tenn. Comp. R. & Regs. 0400-4-7

Twenty-Nine Palms Band of Mission Indians
section 1.5.83. 2015

Twenty-Nine Palms Band of Mission Indians
section 1.5.92. 2015

Twenty-Nine Palms Band of Mission Indians
section 1.5.95. 2015

Twenty-Nine Palms Band of Mission Indians
section 1.6.1. 2015

United States Environmental Protection Agency. Water Quality Standards Regulations:
Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation. Available at
https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-assiniboine-and-sioux-tribes-
fort-peck-indian

United States Environmental Protection Agency. Water Quality Standards Regulations: Bad
River Band of the Lake Superior Chippewa Tribe. Available at https://www.epa.gov/wqs-
tech/water-qualitv-standards-regulations-bad-river-band-lake-superior-chippewa-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Big Pine
Paiute Tribe of the Owens Valley. Available at https://www.epa.gov/wqs-tech/water-qualitv-
standards-regulations-big-pine-paiute-tribe-owens-valley

United States Environmental Protection Agency. Water Quality Standards Regulations:

Blackfeet Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
blackfeet-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Coeur
D'Alene Tribe of Indians, section 2. Available at https://www.epa.gov/wqs-tech/water-quality-
standards-regulations-coeur-dalene-tribe-indians

United States Environmental Protection Agency. Water Quality Standards Regulations: Coeur
D'Alene Tribe of Indians. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-coeur-dalene-tribe-indians

Appendices to the Economic Analysis for the Proposed "Revised Definition of 'Waters of the United
States'" Rule

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of California. Tribal Water Quality Standards
of California. Tribal Water Quality Standards
of California. Tribal Water Quality Standards
of California. Tribal Water Quality Standards

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United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Salish and Kootenai Tribes of the Flathead Reservation. Available at
https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-confederated-salish-and-
kootenai -trib es-fl athead

United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Tribes of the Chehalis Reservation. Available at https://www.epa.gov/wqs-
tech/water-qualitv-standards-regulations-confederated-tribes-chehalis-reservation

United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Tribes of the Colville Reservation. Available at https://www.epa.gov/wqs-
tech/water-qualitv-standards-regulations-confederated-tribes-colville-reservation

United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Tribes of the Goshute Reservation. Available at https://www.epa.gov/wqs-
tech/water-qualitv-standards-regulations-confederated-tribes-goshute-reservation

United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Tribes of the Umatilla Indian Reservation. Available at https://www.epa.gov/wqs-
tech/water-quality-standards-regulations-confederated-tribes-umatilla-indian-reservation-oregon

United States Environmental Protection Agency. Water Quality Standards Regulations:
Confederated Tribes of the Warm Springs Indian Reservation of Oregon. Available at
https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-confederated-tribes-warm-
springs-indian-reservation

United States Environmental Protection Agency. Water Quality Standards Regulations: Dry
Creek Rancheria Band of Pomo Indians. Available at https://www.epa.gov/wqs-tech/water-
qualitv-standards-regulations-dry-creek-rancheria-band-pomo-indians

United States Environmental Protection Agency. Water Quality Standards Regulations: Eastern
Band of Cherokee Indians. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-eastern-band-cherokee-indians

United States Environmental Protection Agency. Water Quality Standards Regulations: Fond du
Lac Band of the Minnesota Chippewa. Available at https://www.epa.gov/wqs-tech/water-qualitv-
standards-regulations-fond-du-lac-band-minnesota-chippewa-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Gila
River Indian Community. Available at https://www.epa.gov/wqs-tech/water-quality-standards-
regul ati ons- gil a-ri ver-indi an-communitv

United States Environmental Protection Agency. Water Quality Standards Regulations: Grand
Portage Band of Minnesota Chippewa. Available at https://www.epa.gov/wqs-tech/water-
qualitv-standards-regulations-grand-portage-band-minnesota-chippewa-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations:
Havasupai Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regul ati ons-havasup ai -trib e

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States'" Rule

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United States Environmental Protection Agency. Water Quality Standards Regulations: Hoopa
Valley Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
hoopa-vallev-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Hopi
Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-hopi-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Kalispel
Indian Community of the Kalispel Reservation. Available at https://www.epa.gov/wqs-
tech/water-qualitv-standards-regulations-kalispel-indian-communitv-kalispel-reservation

United States Environmental Protection Agency. Water Quality Standards Regulations: Lac du
Flambeau Band of Lake Superior Chippewa. Available at https://www.epa.gov/wqs-tech/water-
qualitv-standards-regulations-lac-du-flambeau-band-lake-superior-chippewa-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Lummi
Nation. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-lummi-
nation

United States Environmental Protection Agency. Water Quality Standards Regulations: Makah
Indian Tribe. Available at https://www.epa.gov/wqs-tech/water-quality-standards-regulations-
makah-indian-nation

United States Environmental Protection Agency. Water Quality Standards Regulations:
Miccosukee Tribe of Indians of Florida. Available at https://www. epa. gov/wq s-tech/water-
qualitv-standards-regulations-miccosukee-tribe-indians-florida

United States Environmental Protection Agency. Water Quality Standards Regulations: Navajo
Nation. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-navaio-
nation

United States Environmental Protection Agency. Water Quality Standards Regulations: Pawnee
Nation. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pawnee-
nation

United States Environmental Protection Agency. Water Quality Standards Regulations: Port
Gamble S'Klallam Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-port-gamble-sklallam-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Acoma. Available at https://www.epa.gov/wqs-tech/water-quality-standards-regulations-
pueblo-acoma

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Isleta. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-
i si eta

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
ofLaguna. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-laguna

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States'" Rule

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United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Nambe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-nambe

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
ofPicuris. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-picuris

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
ofPojoaque. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-poioaque

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Sandia. Available at https://www.epa.gov/wqs-tech/water-quality-standards-regulations-
pueblo-sandia

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Santa Ana. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-santa-ana

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Santa Clara. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-santa-clara

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Taos. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-pueblo-
taos

United States Environmental Protection Agency. Water Quality Standards Regulations: Pueblo
of Tesuque. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
pueblo-tesuque

United States Environmental Protection Agency. Water Quality Standards Regulations: Puyallup
Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-puyallup-
tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Pyramid
Lake Paiute Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regul ati ons-pyrami d-1 ake-paiute-trib e

United States Environmental Protection Agency. Water Quality Standards Regulations: Quinault
Indian Nation. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
quinault-indian-nation

United States Environmental Protection Agency. Water Quality Standards Regulations: Saint
Regis Mohawk Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-saint-regis-mohawk-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Seminole
of Florida. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-regulations-
seminole-florida

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States'" Rule

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United States Environmental Protection Agency. Water Quality Standards Regulations:
Shoshone-Bannock Tribes of the Fort Hall Reservation. Available at https://www.epa.gov/wqs-
tech/water-qualitv-standards-regulations-shoshone-bannock-tribes-fort-hall-reservation

United States Environmental Protection Agency. Water Quality Standards Regulations:

Sokaogon Chippewa Community. Available at https://www.epa.gov/wqs-tech/water-qualitv-
standards-regulations-sokaogon-chippewa-communitv-formerly-mole-lake-band

United States Environmental Protection Agency. Water Quality Standards Regulations: Southern
Ute Indian Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regul ati ons- southern-ute-indi an-trib e

United States Environmental Protection Agency. Water Quality Standards Regulations: Spokane
Tribe. Available at https://www.epa.gov/wqs-tech/water-quality-standards-regulations-spokane-
tribe

United States Environmental Protection Agency. Water Quality Standards Regulations:
Swinomish Indian Tribal Community. Available at https://www.epa.gov/wqs-tech/water-qualitv-
standards-regulations-swinomish-indian-tribal-communitv

United States Environmental Protection Agency. Water Quality Standards Regulations: Tulalip
Tribes of Washington. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-tulalip-tribes-washington

United States Environmental Protection Agency. Water Quality Standards Regulations: Twenty-
Nine Palms Band of Mission Indians. Available at https://www.epa.gov/wqs-tech/water-qualitv-
standards-regulations-twenty-nine-palms-band-mission-indians

United States Environmental Protection Agency. Water Quality Standards Regulations: Ute
Mountain Ute Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-ute-mountain-ute-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: Walker
River Paiute Tribe. Available at https://www.epa.gov/wqs-tech/water-quality-standards-
regulations-walker-river-paiute-tribe

United States Environmental Protection Agency. Water Quality Standards Regulations: White
Mountain Apache Tribe. Available at https://www.epa.gov/wqs-tech/water-qualitv-standards-
regulations-white-mountain-apache-tribe

Utah Admin. Code r. 317-8-1.5(60)

Ute Mountain Tribe of the Ute Mountain Reservation. Water Quality
Waters section 11. 2011

Ute Mountain Tribe of the Ute Mountain Reservation. Water Quality
Waters section 3. 2011

Ute Mountain Tribe of the Ute Mountain Reservation. Water Quality
Waters section 8. 2011

Vt. Code R. section 12 004 056

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Standards for Surface
Standards for Surface
Standards for Surface

-------
W.Va. Code R. section 47-10-2.58
Wash. Admin. Code sections 173-180
Wash. Admin. Code sections 173-182
Wis. Admin. Code Comm. chapter 10
Wis. Admin. CodeNR section 1.52(3)

6.	Case Law: Supreme Court

California v. Cabazon Band of Mission Indians, 480 U.S. 202, 207 (February 24, 1987)

Collins v. Yosemite Park Co., 304 U.S. 518, 529-30(1938)

James v. Dravo Contracting Co., 302 U.S. 134, 141-42 (1937)

Mayo Foundation for Medical Education and Research, v. United States, 562 U.S. 44, 45 (2011)

Merrion v. Jicarilla Apache Tribe, 455 U.S. 130, 141-142 (January 24, 1982)

Oklahoma Tax Comm 'n v. Citizen Band Potawatomi Indian Tribe of Oklahoma, 498 U.S. 505,
511 (February 25, 1991)

Surplus Trading Company v. Cook, 281 U.S. 647, 650-52 (1930)

United States v. Mazurie, 419 U.S. 544, 557 (January 20, 1975)

United States v. Riverside Bayview Homes, 474 U.S. 121 (1985)

White Mountain Apache Tribe v. Br acker, 448 U.S. 136, 151 (June 26, 1980)

7.	Case Law: Federal Courts

Alabama Rivers Alliance v. FERC, 325 F.3d 290, 296-97 (D.C. Cir. 2003)

American Rivers, Inc. v. FERC, 129 F. 3d 99, 107 (2d. Cir. 1997)

California Trout v. FERC, 313 F.3d 1131, 1133 (9th Cir. 2002)

Florida Elec. Power Coordinating Group, Inc. v. Askew, 366 So.2d 1186, 1188 (Fla. Dist. Ct.
App., 1st Dist. 1978)

Georgia v. Pruitt, 326 F. Supp. 3d 1356 (S.D. Ga. 2018)

Hoopa Valley Tribe v. FERC, 913 F.3d 1099, 1104 (D.C. Cir. 2019)

New Hope Power Co. v. U.S. Army Corps ofEng'rs, 746 F. Supp. 2d 1272, 1282 (S.D. Fla.
2010)

North Dakota v. U.S. Envtl. Prot. Agency, 127 F. Supp. 3d 1047 (D.N.D. 2015)

North Dakota v. U.S. Envtl. Prot. Agency, No. 3:15-cv-59 (D.N.D. 2018)

Or. Cattlemen's Ass 'n v. U.S. Envtl. Prot. Agency, No. 19-cv-00564 (D. Or. July 26, 2019)

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Texas v. U.S. Envtl. Prot. Agency, No. 3:15-CV-00162 (S.D. Tex. Sep. 12, 2018)

8. Federal Register Preamble References

Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of
"Waters of the United States." 68 Fed. Reg. 1,991 (January 15, 2003) (to be codified at 33 CFR
Part 328 and 40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, and 401)

Amendments to the Water Quality Standards Regulation that Pertain to Standards on Indian
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273, and 279)

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8, 1999) (to be codified at 40 CFR Parts 9, 122, 123, and 124)

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