  SEQ CHAPTER \h \r 1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION I

5 POST OFFICE SQUARE, SUITE 100

BOSTON, MASSACHUSETTS 02109-3912

MEMORANDUM

SUBJECT:	Tribal Consultation: Maine Water Quality Standards

Passamaquoddy Tribe at Pleasant Point and Indian Township - Tribal
Boundaries

FROM:	Michael Stover, EPA Region 1 Indian Program Manager

TO:		file

DATE: 	March 31, 2016

On Thursday, September 10 2015 from 1:00pm – 2:00pm, a conference call
was held with the Passamaquoddy Tribe – Pleasant Point and Indian
Township reservation representatives regarding tribal boundaries as they
relate to the application of water quality standards pertaining to
waters in Indian lands in Maine. Present on the conference call were:

Vice Chief William Nicholas, Passamaquoddy Tribe at Indian Township 

Marvin Cling, Environmental Director, Passamaquoddy Tribe at Pleasant
Point

Martin Dana, Environmental Director, Passamaquoddy Tribe at Indian
Township

Trevor White, Assistant Environmental Director, Passamaquoddy Tribe at
Indian Township

Corey Hinton, Attorney Akin Gump (Passamaquoddy Tribe at Pleasant Point)

H. Curtis Spalding, Regional Administrator, EPA Region 1

Deb Szaro, Deputy Regional Administrator, EPA Region 1

Carl Dierker, Director, Office of Regional Counsel, EPA Region 1

Tim Williamson, Deputy Director, Office of Regional Counsel, EPA Region
1

Ken Moraff, Director, Office of Ecosystem Protection, EPA Region 1

Ralph Abele, Water Quality Branch Chief, EPA Region 1

Jeanne Voorhees, Water Quality Standards Coordinator, EPA Region 1

Matt Hoagland, Branch Chief, Wetlands, EPA Region 1

Michael Stover, Indian Program Manager, EPA Region 1

Tod Siegal, Office of General Council, EPA Headquarters

Pete Ford, Office of General Council, EPA Headquarters

Nicole Shao, Office Research and Development, EPA Headquarters

Glynis Hill, Office of the Administrator, EPA Headquarters

Claudia Fabiano, Office of Water, EPA Headquarters

Andrew Baca, American Indian Environmental Office, EPA Headquarters

Bella Wollitz, Office of the Solicitor, Bureau of Indian Affairs

During the conference call, the Regional Administrator explained that
EPA seeks the Tribe’s input on how EPA will factor tribal boundary
information as EPA moves forward in preparing for promulgation of water
quality standards pertaining to waters in Indian lands in Maine.

The Regional Administrator then provided the background and status of
the water quality standards issue: EPA issued three sets of disapprovals
to the State on February 2nd, March 16th and June 5th. The Clean Water
Act requires EPA to promulgate federal standards if water quality
disapprovals are unaddressed for more than 90 days. The 90-day period
expired for all three sets of decisions. However, EPA has communicated
to the state that EPA’s strong preference is for the State to address
the issues by making the necessary revisions to its standards, and EPA
is willing to work with the state beyond that 90-day period if the state
is diligently working to put protective criteria in place. The Regional
Administrator indicated that EPA has an upcoming meeting with the state
DEP on September 21, 2015 to discuss the State’s plans to address some
or all of the issues EPA identified in our decisions.

The Regional Administrator explained that as a backstop, in the event
DEP decides not to move forward to address these issues, or is unable to
do so for reasons beyond its control, EPA needs to have a process in
place that will ensure a timely remedy to the issues identified in
EPA’s decisions. Therefore, EPA has initiated a federal promulgation
process to address the issues identified by EPA’s disapprovals. EPA is
moving forward with proposing protective standards pertaining to waters
in Indian lands in Maine, and seeks to have this discussion with the
Tribe regarding tribal boundaries that will ultimately become the
geographical basis for proposing such protective standards.

The Tribe’s legal counsel discussed how the 1794 Treaty and the Maine
Implementing Act characterized the islands in the St Croix that were
reserved for the Tribe. The 1794 treaty language was discussed: “…
the Commonwealth of Massachusetts… do hereby assign and set off to the
aforesaid Indians, the following tract or parcel of land lying and being
within the Commonwealth of Massachusetts, viz: all those islands lying
and being in Schoodic River, between the falls at the head of the tide,
and the falls below the forks of said river where the north branch and
west branch parts; being fifteen in number, containing one hundred acres
more or less…” 

The Maine Implementing Agreement definition of “Passamaquoddy Indian
Reservation" referencing the islands was discussed: “…those lands
reserved to the Passamaquoddy Tribe by agreement with the State of
Massachusetts dated September 19, 1794, excepting any parcel within such
lands transferred to a person or entity other than a member of the
Passamaquoddy Tribe subsequent to such agreement and prior to the
effective date of this Act. If any lands reserved to the Passamaquoddy
Tribe by the aforesaid agreement hereafter are acquired by the
Passamaquoddy Tribe, or the secretary on its behalf, that land shall be
included within the Passamaquoddy Indian Reservation those 15 islands in
the St. Croix River in existence on September 19, 1794 and located
between the head of the tide of that river and the falls below the forks
of that river.” The Tribe indicated that the fifteen islands could be
upstream (some may be submerged) or downstream of Woodland Dam, and the
Tribe intends to “reacquire” islands in the future.

Trevor White mentioned an island in the “flowage” of the St Croix
River referenced by two names (Taylor Island and Pine Island) that is in
dispute, as well as lost land at Baileyville. The Tribe is seeking
compensation for lost lands. The Tribe recommended that additional
information may be available from the Tribal Historic Preservation
Officer, Donald Soctomah.

EPA thanked the tribal representatives for the information and will
follow up with Donald Soctomah.

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