NIBIISH NAAGDOWEN THE CARE OF WATER : LTBB CLEAN WATER ACT

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1 EPA Region 5 Tribal Water Workshop October 5, 2016 Caroline Keson Little Traverse Bay Bands of Odawa Indians Spirit/ Wycamp Lake Photo by: Kira Davis NIBIISH NAAGDOWEN THE CARE OF WATER : LTBB CLEAN WATER ACT

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

3 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 Recommended parameters Began conducting a Baseline Assessment Wetlands incorporated into program Training on how to identify wetlands (MI Natural Features Inventory & TOMWC) Functional Assessments began in

4 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).

5 Why was this project significant? Previously no Tribal surface water quality protections for streams, creeks, rivers, inland lakes and Lake Michigan within the 1855 Reservation A need to provide clarity to current Tribal protection of wetlands Strengthens LTBB s sovereignty Protections 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 continue to be collected in order to assess whether protections are being adhered to

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 Poster Contest winner received a beautiful clay pot

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

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10 Project Activities Sept. 24, 2015: Wild Rice Listening Session (75+ people and special guests Jenny Manville and Tinka Hyde!) Sept. 29, 2015: EPA Road Show Presentation to Tribal Council

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

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

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

16 Project Activities Jan. Feb, 2016: 450 posters were sent out to those who completed the survey Local Tribal artisan made wooden bowls for grand prizes

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

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

19 Project Activities August 10, 2016: Water Quality Standards before the Natural Resources Commission August 12, 2016: LTBB Health Fair August 13-14, 2016: 25 th Annual Odawa Homecoming Pow Wow. The theme was Nbi Naagadendiming, Protecting Our Waters

20 Project Activities August 16 and 30, 2016: Tribal Council Work Sessions September 1, 2016: Tribal Council Passage September 15, 2016: Signed into law

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22 Promotional Items Fantasies Dry bags Beach towels Reality Stickers Magnets Water bottles Reusable shopping bags Artesian wells map Report card

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24 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

25 Unique Provisions LTBB supports the federal ban on sales of rinse-off cosmetics (Microbead-Free Waters) 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 site-specific numeric criteria Artesian wells in Harbor Springs

26 Unique Provisions Special provisions for High Quality Wetlands and Outstanding Tribal Resources Threshold for wetland regulation on Tribal land is 1/3 acre (more stringent than Michigan or Federal regulations) we also considered doing 2 acres Maidenhair fern

27 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) Muskrats using wild rice on French Farm Lake.

28 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. Susan Creek

29 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

30 What s Next? Water Quality Standards Outreach