Yesterday (May 2, 2024), EPA announced a final rule that will help protect water quality where Tribes hold and assert rights to aquatic and aquatic-dependent resources. The rule, entitled Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights, revises the water quality standards regulation at 40 CFR part 131 to explicitly address how EPA and states must consider Tribal reserved rights.
Historically, EPA has addressed Tribal reserved rights under the Clean Water Act on a case-by-case basis in state-specific actions. This practice fostered uncertainty for Tribes, states, and entities seeking to comply with Clean Water Act requirements. EPA’s final rule provides clarity and transparency by revising the federal water quality standards regulation to better protect Tribal reserved rights under the Act. With this action, EPA is ensuring that water quality standards are established taking into consideration Clean Water Act-protected aquatic and aquatic-dependent resources where Tribes hold and assert rights to those resources under federal treaties, statutes, or executive orders. This final regulatory framework will be applied consistently while accounting for local conditions and factors to inform the development of specific water quality standards.
- Read the press release
- Learn more about EPA’s final Tribal Reserved Rights rule.
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