NIBIISH NAAGDOWEN THE CARE OF WATER : LTBB CLEAN WATER ACT

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1 NIBIISH NAAGDOWEN THE CARE OF WATER : LTBB CLEAN WATER ACT Tribal Lands & Environment Forum August 18, 2016 Daugherty Johnson, III Little Traverse Bay Bands of Odawa Indians Spirit/ Wycamp Lake Photo by: Kira Davis

2 Project Description Goal: Improve water quality protections for the Reservation using both scientific and traditional ecological knowledge through a collaborative community process 2-year project Core project workgroup: ESP staff, Legislative Attorney, 2 Tribal Commissioners, 1NRC Commissioner Technical experts: NRD staff, Archives & Repatriation, US EPA Region 5, consultants Timeframe: Sept 2014 Sept 2016 Create a Clean Water Act and Water Quality Standards Artwork by: Dolly Assineway. Used with permission.

3 Why is this project significant? Currently no Tribal surface water quality protections for streams, creeks, rivers, inland lakes and Lake Michigan within the 1855 Reservation Provide clarity to current Tribal protection of wetlands Strengthen LTBB s sovereignty Protection will be based on specific Tribal Uses of wetlands and surface waters (e.g. Outstanding Tribal Resource and Wild Rice Protection Area) Proactive approach vs. reactive approach Data Collection Activities Have collected consistent surface water quality data since 2000 Baseline Assessment Report 2010 (completed in 2011) Have collected wetland baseline data since 2004 Data will continued to be collected in order to assess whether protections are being adhered to

4 How did we get here? Received Environmental Protection Agency (EPA) Section 106 Clean Water Act Funds in April of 1998 Created a Monitoring Design -Began Monitoring in Parameters recommended Began conducting a Baseline Assessment Wetlands incorporated into program Training on how to identify wetlands (MI Natural Features Inventory & TOMWC) Functional Assessments began in

5 What do we do with this data collected? Assess water and wetland data specifically to make sure the quality of these surface waters are in good health for the uses of the Tribe and its Citizens (including our two legged, four legged, swimmers and fliers).

6 Project Activities "Nibiish Naagdowen" translates into English as "the Care of the Water" Male and female water panthers on the left Thunderbird, an air deity, on the right, usually of male origin These spirits often battle, but also represent balance, which is why they are depicted in the same plane in our logo. The border around the spirits is of Odawa origin and is reminiscent of otter s tracks with the dots being paw prints and the dashes being a dragging tail or slide

7 Project Activities Nov. 20, 2014: Project Kick-Off Aug. 2015: Report Cards out to Citizenry

8 Project Activities Sept. 24, 2015: Wild Rice Listening Session Sept. 29, 2015: EPA Road Show

9 Project Activities Oct. 29, 2015:Website Kick off

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11 Project Activities Nov. 3, 2015: Surveys out to all heads of household 16% response rate (475 surveys returned)

12 With the water that you use for recreational, cultural, or ceremonial activities, which of the following concerns you? (Pick up to three).

13 Project Activities Jan. Feb, 2016: 450 posters were sent out to those who completed the survey

14 Project Activities March 2, 2016: Sent Water Quality Standards to EPA March, 2016: Begin to combine Clean Water Act with revised Wetland Statute April 16, 2016: Annual NRC Meeting in Escanaba April 22, 2016: Posted to Legislative Calendar May 3, 2016: 1 st Tribal Council Work Session

15 Project Activities May 12, 2016: 2 nd Listening Session at the Bear River

16 Why So Much Outreach? Engage citizens in law-making process to gain Traditional Ecological Knowledge (TEK) on the front end. Different formats appeal to different people (public comment process is not for everyone) Encourage participation in Tribal government. Build support for legislation by showing people how water quality impacts them If inclusionary, people will feel ownership and supportive of efforts Ensures that the government is responsive to what citizens want Education and outreach about water quality and why/how laws protect LTBB

17 Upcoming Activities July 27th, 2016: Water Quality Standards before the Natural Resources Commission August th, 2016: 25 th Annual Odawa Homecoming Pow Wow. The theme is Nbi Naagadendiming, Protecting Our Waters August 16 th and 30th, 2016: Tribal Council Work Sessions September 1st, 2016: Target date for Tribal Council approval

18 Unique Provisions LTBB supports the ban on sales of rinse-off cosmetics Introducing invasive or new species is prohibited All springs within the Reservation are LTBB Waters and are subject to narrative criteria, antidegradation provisions, and relevant sitespecific numeric criteria Special provisions for High Quality Wetlands and Outstanding Tribal Resources Threshold for wetland regulation is 2 acres (more stringent than Michigan or Federal regulations)

19 Unique Designated Uses Traditional, Cultural or Ceremonial Uses (TCC). Waters that support vegetation and activities linked to traditional, cultural, medicinal, and/or ceremonial practices of LTBB Citizens. Wild Rice Production Areas (WRP) Right: Muskrats using wild rice on French Farm Lake.

20 Unique Designated Uses Cool Water Fishery (CLW). Waters that support cool water fish species that prefer cooler waters and are not tolerant of extreme temperature or dissolved oxygen changes.

21 Unique Designated Uses Outstanding Tribal Resource Waters (OTR). These designated waters represent a unique sacred and cultural resource of the LTBB, due for example to their use, their association with the traditional value system of the LTBB, or their beauty. Wycamp Creek