Draft
9/
15/
03
 
RM/
MLS
1
September
15,
2003
EPA
STRATEGY
FOR
CONSULTATION
AND
COORDINATION
WITH
INDIAN
TRIBAL
GOVERNMENTS
FOR
PROMULGATING
FEDERAL
WATER
QUALITY
STANDARDS
FOR
THE
STATE
OF
OREGON
I.
Purpose
of
the
Strategy
­
This
document
describes
EPA's
strategy
for
consultation
and
coordination
with
Indian
Tribal
Governments
on
upcoming
EPA
water
quality
decisions
in
Oregon.
As
outlined
in
the
July
2001­
U.
S.
Environmental
Protection
Agency
­
Region
10
Tribal
Consultation
Framework
(
attached),
EPA
is
committed
to
consult
with
federally
recognized
tribal
governments
in
a
manner
respectful
of
tribal
sovereignty
and
culture.

II.
EPA's
Federal
Oregon
Water
Quality
Standard
Promulgation
­
According
to
the
schedule
developed
under
the
District
Court
of
Oregon's
orders,
EPA
must
sign
a
proposed
rule
to
federally
promulgate
replacement
water
quality
standards
for
Oregon
by
October
1,
2003,
and
finalize
the
rule
by
March
2,
2004.
To
meet
the
Court's
direction,
the
following
elements
are
in
the
rule
EPA
plans
to
propose:

A.
Propose
and
promulgate
numeric
water
quality
criteria
for
temperature
to
protect
salmonid
rearing
and
bull
trout
rearing
and
spawning,
including
the
specific
times
and
places
that
this
water
quality
criteria
must
apply.

B.
Propose
and
promulgate
water
quality
criteria
for
temperature
for
the
lower
Willamette
River.

C.
Propose
and
promulgate
water
quality
criterion
for
intergravel
dissolved
oxygen
(
IDGO)
to
protect
salmonid
spawning.

D.
Identify
implementation
methods
for
Oregon's
antidegradation
policy.

E.
Consult
again
on
Oregon's
water
quality
standards
with
Fish
and
Wildlife
Service
and
National
Marine
Fisheries
Service
under
the
Endangered
Species
Act.

This
promulgation
will
not
address
waters
in
Indian
reservation
lands.
This
promulgation
will
however,
address
adjacent
waters
and
waters
within
treaty
boundaries
outside
of
reservation
lands.

III.
Potentially
Affected
Tribal
Governments
Burns
Paiute
Tribe
of
the
Burns
Paiute
Indian
Colony
of
Oregon
Confederated
Tribes
of
Grand
Ronde,
Oregon
Siletz
Tribe,
Oregon
Confederated
Tribes
of
Umatilla,
Oregon
Draft
9/
15/
03
 
RM/
MLS
2
Coquille
Indian
Tribe,
Oregon
Confederated
Tribes
of
the
Warm
Springs
Reservation
of
Oregon
Cow
Creek
Band
of
Umpqua
Indians,
Oregon
Confederated
Tribes
of
Coos,
Lower
Umpqua
&
Siulsaw,
Oregon
Klamath
Tribes,
Oregon
Confederated
Tribes
and
Bands
of
the
Yakama
Nation,
Washington
Nez
Perce
Tribe,
Idaho
Shoshone­
Bannock
Tribes
of
the
Fort
Hall
Reservation
of
Idaho
IV.
General
Approaches
for
Consultation
and
Coordination
A.
On
August
28,
2003,
EPA
Region
10
Regional
Administrator,
John
Iani,
sent
a
letter
to
all
potentially
interested
tribes
expressing
EPA's
interest
in
coordinating
with
the
tribes
on
the
proposed
water
quality
standard
promulgation
in
Oregon.
The
letter
also
informed
the
tribes
that
EPA
will
be
following
up
to
gauge
tribal
interest
in
a
conference
call
to
provide
more
information
on
EPA's
action.

B.
Week
of
September
15:
Schedule
conference
call
with
all
interested
tribes
to
describe
EPA's
action
and
discuss
any
potential
questions
or
concerns;
send
a
notification
to
tribes
announcing
the
conference
call.

C.
October
22:
Public
hearing
in
Portland,
OR
in
October.
October
23:
Public
hearing
in
Eugene,
OR
October
24:
Public
hearing
in
Bend,
OR
Tribes
will
be
sent
information
as
early
as
possible
regarding
the
details
of
these
meetings.

D.
Solicit
formal
comments
from
tribal
governments
during
the
proposed
rule's
public
comment
period
which
begins
approximately
October
4,
2003.

E.
Where
opportunities
available,
attend
tribal
meeting
to
discuss
the
Oregon
rule:
1.
Affiliated
Tribes
of
Northwest
Indians
meeting,
September
23,
2003
in
Pendleton,
OR
2.
Oregon
Tribal
Chair/
EPA
quarterly
meetings
F.
Schedule
Government­
to
Government
Briefings
where
requested
and
where
appropriate
1.
Umatilla
Tribe
Meeting
with
R10
in
Seattle
­
September
12
V.
Agency
Contacts
and
Information
Sources
Mary
Lou
Soscia
(
503)
326­
5873
Dan
Opalski
(
503)
326­
3250
