EPA Authorizes Keweenaw Bay Indian Community to Set Water Quality Standards for L’Anse Reservation in Michigan
April 2020, U.S. Environmental Protection Agency (EPA) Region 5 announced the approval of the Keweenaw Bay Indian Community’s (KBIC’s) application for “treatment in a similar manner as a state” under the federal Clean Water Act for the L’Anse reservation in Michigan. The tribe is now authorized to set water quality standards for its reservation.
EPA’s decision promotes tribal self-government and empowers the tribe to develop water quality standards and to issue water quality certifications for actions requiring federal permits on its lands to protect tribal waters.
With this authority, the KBIC can develop water quality standards for its waters within its reservations, as states can do under Sections 303 and 401 of the Clean Water Act. Once EPA has reviewed and approved the standards, the Tribe will administer surface water quality program building upon existing successful environmental programs.
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- Approval of the Keweenaw Bay Indian Community’s application for treatment in a similar manner as a state for the clean water act (PDF)(52 pp, 2 MB)
- Application for Programmatic Approval under Section 401/303 of the Clean Water Act (PDF)(56 pp, 839 K)
- Keweenaw Bay Indian Community 303c/401 TAS Appendices A – Z (PDF)(893 pp, 64 MB)
- Keweenaw Bay Indian Community 303c/401 TAS Appendices AA – SS (PDF)(308 pp, 22 MB)
- Keweenaw Bay Indian Community’s supplemental submission in support of its Application for Treatment as a State Status under the Clean Water Act (PDF)(6 pp, 166 K)
- Tribal Code Title Twenty Hazardous Substances Control Ordinance Appendix A, B, and C (PDF)(25 pp, 231 K)
- Attorney Statement describing the legal basis for asserting regulatory authority over water quality (PDF)(11 pp, 257 K)
- 2017 letter from President Swartz to Acting Regional Administrator Robert Kaplan (PDF)(2 pp, 176 K)
- 2013 letter from President Swartz to Regional Administrator Susan Hedman (PDF)(1 pg, 100 K)