03. Salish Kootenai Tribal Attorney - Marion Yoder - Water QualityMAX BAUCUS
MONTANA
'United ptates mate
WASHINGTON, DC 20510-2602
June 3, 1994
The Honorable Douglas Rauthe
Mayor
City of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
Dear Doug:
JUIN I U i 4
WASHINGTON. DC
1202)224-2651
MONTANA TOLL FREE NUMBER
1-800-332-6106
Thank you for getting in touch with me about the
Confederated Salish and Kootenai Tribes' application to be
treated as a state.for purposes of implementing the Clean Water
Act on the Flathead Reservation. I understand and have made note
of your concerns.
National environmental laws allow a tribe to implement laws,
like the Clean Water Act, if the tribe can show that it has pre-
existing jurisdiction to do so under the applicable principles of
federal Indian law. I believe that it was not the intent of
Congress to expand tribal jurisdiction over nonmembers in either
the Clean Water Act or any other federal environmental law.
I have contacted national and Montana EPA officials and
understand that they agree and are reviewing the Tribes'
application to decide whether the Tribes have the necessary pre-
existing jurisdiction. As you know, this can be a complex issue,
particularly on reservations like the Flathead, where the Indian
reservation has been opened up to substantial non -tribal
settlement.
As the process moves forward, I will continue to urge EPA,
the Tribes, the Joint Board of Control, the State, and others to
work together. We need to develop an approach that protects the
environment in a way that is sensitive to the interests of all
reservation residents.
Again, Doug, thank you for getting in touch with me about
this important issue and you can be sure that I will keep your
views firmly in mind.
With best personal regards, I am
MSB/dwf
BILLINGS BOZEMAN
(406) 657-6790 (406) 586-6104
Sincerely,
BUTTE GREAT FALLS HELENA KALISPELL
(406) 782-8700 (406) 761-1574 (406) 449-5480 1406) 756-1150
MISSOULA
(406) 329-3123
o UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII, MONTANA OFFICE
FEDERAL BUILDING, 301 S. PARK, DRAWER 10096
HELENA, MONTANA 69626-0096
Ref: 8MO
June 1, 1994
Douglas D. Rauthe
Mayor
The City of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
Re: Confederated Salish and Kootenai Tribes:
Treatment as a State Applications
Dear Mayor Rauthe:
Thank you for yor letter of May 2, 1994 expressing your
opposition to to the application of the Confederated Salish and
Kootenai Tribes' (CSKT) application for treatment as a State
under the Clean Water Act.
The 1987 amendments to the Clean Water Act (P.L. 100-4,
February 4, 1987, hereinafter the "CWA") added Section 518 which
would allow Indian tribes to become eligible for the
administration of a number of programs under the Clean Water Act.
These include the Water Quality Standards Program (under Section
303)'and the permitting program for the dredging or filling of
waterbodies within the United States (under Section 404). If
approved, the Tribes will have the opportunity to develop water
quality standards; and the opportunity to submit to EPA a program
for regulating dredging and filling activities on the Flathead
Indian Reservation.
Federal Rules and Regulations provide the opportunity for
State Government to review a tribal application submitted under
the provisions of CWA Section 518. A State, such as the State of
Montana, may also file an objection if it perceives a conflciting
jurisdictional issue. The regulations also allow local
governments and the public to review and comment on a tribal
application. We provide these comments to the affected State, in
this case the State of Montana, which then reviews and integrates
review comments into its response to EPA.
A comment period was set in September 1993 for local
governments to review and comment on the CSKT proposals. At that
time substantial comments were received by this office and
forwarded to the Attorney Generals Office for the State of
Montana. While this process may be closed, we will forward your
letter to the appropriate individuals in State Government. We
note that the State of Montana already has filed an objection on
the two applcations of the Confederated Salish and Kootenai
Printed on Recycled Paper
Tribes. The State's position will be taken into account in our
review of the CSKT Applications.
I trust that this -response is satisfactory for your
purposes. If there are any questions pertaining to this matter,
please contact Lee Roberts of my staff at (406) 449-5486
extension 236. Thank you.
Sincerely,
(�Z41
John F. Wardell
Director
Montana Office
cc: Bill Yellowtail, 8A
Nola Cooke, 8OEA
Max Dodson, 8WM