Arizona’s Request to Assume Primacy Under Section 404 of the Clean Water Act (CWA) – Tribal Perspectives on Ensuring Compliance with Federal NEPA & NHPA Section 106 Responsibilities

Facilitator: Alida Montiel, Inter Tribal Council of Arizona

Presenters: Sue Montgomery, Montgomery & Interpreter, PLC; Laura Bergland, Attorney General for the Pascua Yaqui Tribe; and Peter Steere, Tribal Historic Preservation Officer, Tohono O’odham Nation

The NEPA tribal consultation process is typically triggered when a federal agency initiates consultation under Section 106 of the NHPA. In 2017, ADOT assumed NEPA responsibilities from the FHWA and now has authority to consult with tribes on all aspects of NEPA, including Section 106. Now ADEQ is seeking to assume primacy under Section 404 of the Clean Water Act from the Environmental Protection Agency (EPA), Tribal representatives will discuss how the State and Tribes should engage in meaning consultation absent the federal agency involvement in situations in which cultural and historic resources could be damaged or altered.