# 40 CFR § 131.9: Protection of Tribal reserved rights

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-40-131.9

## Section

- **Citation:** 40 CFR § 131.9
- **Heading:** Protection of Tribal reserved rights
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 40—Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER D—WATER PROGRAMS > PART 131—WATER QUALITY STANDARDS > Subpart B—Establishment of Water Quality Standards

## Text

(a) Where a right holder has asserted a Tribal reserved right in writing to the State and EPA for consideration in establishment of water quality standards, to the extent supported by available data and information, the State must:
(1) Take into consideration the use and value of their waters for protecting the Tribal reserved right in adopting or revising designated uses pursuant to § 131.10;
(2) Take into consideration the anticipated future exercise of the Tribal reserved right unsuppressed by water quality in establishing relevant water quality standards; and
(3) Establish water quality criteria, consistent with § 131.11, to protect the Tribal reserved right where the State has adopted designated uses that either expressly incorporate protection of or encompass the right. This requirement includes developing criteria to protect right holders using at least the same risk level (e.g., cancer risk level, hazard quotient, or illness rate) as the State would otherwise use to develop criteria to protect the State's general population, paired with exposure inputs (e.g., fish consumption rate) representative of right holders exercising their reserved right.
(b) States and right holders may request EPA assistance with evaluating Tribal reserved rights. EPA will provide such assistance to the extent practicable. In providing assistance to States as they adopt and revise water quality standards consistent with paragraph (a) of this section, EPA will engage with right holders.
(c) In reviewing State water quality standards submissions under this section, EPA will initiate the Tribal consultation process with the right holders that have asserted their rights for consideration in establishment of water quality standards, consistent with applicable EPA Tribal consultation policies, in determining whether State water quality standards are consistent with paragraph (a) of this section.
[89 FR 35747, May 2, 2024]

## Nearby sections

- [40 CFR § 131.1 § 131.1 Scope.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.1.md)
- [40 CFR § 131.2 § 131.2 Purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.2.md)
- [40 CFR § 131.3 § 131.3 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.3.md)
- [40 CFR § 131.4 § 131.4 State authority.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.4.md)
- [40 CFR § 131.5 § 131.5 EPA authority.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.5.md)
- [40 CFR § 131.6 § 131.6 Minimum requirements for water quality standards submission.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.6.md)
- [40 CFR § 131.7 § 131.7 Dispute resolution mechanism.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.7.md)
- [40 CFR § 131.8 § 131.8 Requirements for Indian Tribes to administer a water quality standards program.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.8.md)
- [40 CFR § 131.9 § 131.9 Protection of Tribal reserved rights.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.9.md)
- [40 CFR § 131.10 § 131.10 Designation of uses.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.10.md)
- [40 CFR § 131.11 § 131.11 Criteria.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.11.md)
- [40 CFR § 131.12 § 131.12 Antidegradation policy and implementation methods.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.12.md)
- [40 CFR § 131.13 § 131.13 General policies.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.13.md)
- [40 CFR § 131.14 § 131.14 Water quality standards variances.](https://www.frixlaw.com/law-library/statutes/ecfr-40-131.14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-40-131.9. Check the current official text before relying on it. Not legal advice.