§12.7 - The Application and Enforcement of the CWA on Indian Reservations

• Jurisdiction: Washington

§12.7 THE APPLICATION AND ENFORCEMENT OF THE CWA ON INDIAN RESERVATIONS

An Indian tribe's environmental concerns, and its regulatory authority, may extend beyond the borders of its reservation and may encompass the operations of tribal members and nonmembers alike. Under delegations of authority to administer federal environmental statutes, and under the EPA's national and regional Indian policies, tribes should—and do—play a central role in decisions affecting the future of reservation life.

The authority to delegate specific enforcement and regulatory authority to tribes under many federal environmental statutes lies most often with the EPA. The EPA has developed several national and regional "Indian policies" designed to promote the federal government's general policy respecting tribal self-determination, which recognizes that Indian tribes should play a central role in decisions affecting the future of reservation life. In 1984, the EPA adopted its Policy for the Administration of Environmental Programs on Indian Reservations (Indian policy). See William D. Ruckelshaus, Envtl. Prot. Agency, EPA Policy for the Administration of Environmental Programs on IndianReservations (Nov. 8, 1984), available at https://www.epa.gov/sites/production/files/2015-04/documents/indian-policy-84.pdf.

The federal Indian policy includes two primary principles: implementation of federal environmental statutes in Indian Country should be done by the EPA or by the tribes rather than the states; and, where authorized, the EPA will cooperate with and assist tribes in the development and implementation of tribal programs that arise under federal environmental statutes. The EPA committed itself to...