Directive

International Elk-Kootenai/y Watershed Study Board Directive

• Establishment of Study Board

On March 8, 2024, the International Joint Commission (Commission) received a Reference under Article IX of the Boundary Waters Treaty from the Governments of the United States and Canada, in partnership with the Ktunaxa Nation, asking the Commission to carry out certain actions regarding the impacts of transboundary water pollution in the Elk-Kootenai/y Watershed. The Reference to the Commission incorporates a Proposal that was developed by Canada and the United States in partnership with the Ktunaxa Nation (the Reference and Proposal are collectively referred to in this document as the “Reference” or “Reference to the Commission”).  

1. collaborative governance to ensure more timely action to reduce and mitigate the impacts of water pollution in the Kootenai/y watershed to protect the people and species that depend on this vital river system;  

2. transparent and coordinated transboundary data and knowledge sharing, science, monitoring; and analysis to support a common understanding of pollution within the Kootenai/y watershed; and  

3. transparent reporting on progress. 

1. assist in the establishment of a Governance Body comprised of the Governments of the United States, Canada, the Ktunaxa Nation, British Columbia, Idaho, and Montana;  

2. convene experts and knowledge holders in a Study Board to report and make recommendations to the Governance Body to reduce and mitigate the impacts of water pollution in the Kootenai/y watershed; and 

3. develop a Phase I Plan of Study (POS) including an engagement plan which ensures consultation with and participation by representatives from the relevant federal, provincial, state, First Nation, Tribal, industry and others in the watershed, as appropriate; timetable, and proposed budget as soon as possible. 

3. Study Board Duties   

1. Conduct transparent and coordinated transboundary data and knowledge sharing; share, synthesize, and analyze data and information to support a common understanding of pollution within the Elk-Kootenai/y watershed and the impacts of that pollution on people and species; and  

1. The best available observational data, scientific research, and Indigenous knowledge regarding influences on, sources of, status of, and trends in pollution in water and associated effects on ecosystem health, which could include but is not limited to fish and aquatic life, wildlife, human health, and cultural uses in the Elk-Kootenai/y watershed;  

2. Data and research gaps, assumptions and uncertainties including any factors affecting data accessibility and comparability, such as data types and collection and reporting methods relevant to improving understanding, measurement, and monitoring of the matters reviewed by the Study Board;  

3. Recommendations for strengthening, coordinating, and prioritizing efforts on data sharing and transparency, science, monitoring and research, and inclusion of Indigenous knowledge, and other next steps and recommended actions on the matters reviewed by the Study Board;  

4. A synthesis of the available data and scientific information and a resulting understanding of the water quality issues in the Elk-Kootenai/y watershed including contaminants of concern, areas, and water and ecological resources affected; and 

5. Methods and procedures for ongoing monitoring and data analyses to further define the extent of pollution and identify trends in concentrations of contaminants in the watershed.  
   

2. Where directly relevant and necessary to address 1(a) – 1(e) above, report and recommend on governance and decision-making, including the implementation of its recommendations. 
   

3. Conduct Broad Engagement: Consistent with the March 8, 2024, Reference to the Commission, the Study Board is expected to draft and implement an engagement plan that includes engagement with federal, provincial, state, First Nations, Métis, and Tribal governments, industry, local communities, organizations, the public and others who live, work or have interests in the watershed.  The overarching goal is to build relationships and seek, document and consider the resulting input and perspectives in assessments, conclusions and recommendations, as appropriate. 

1. Minimum Requirements:  

1. The Study Board will execute the Engagement Plan outlined in the Phase 1 Plan of Study. 

2. The Study Board will (subject to privacy or confidentiality requirements) make information related to the study as widely available as practicable, including maps, data, and reports of the Study Board or any of its advisory bodies and other materials as appropriate. All information shared as part of engagement activities shall be in an accessible and transparent format. The Study Board shall approve all materials for public release prior to their release.  

3. The Study Board will inform the IJC in advance of all engagement activities, including by providing the text of all public notifications and media releases to the Commission prior to their release.  

4. Engagement activities will include, at a minimum, public comment periods of not less than two weeks prior to submitting the deliverables outlined below.  

5. The Phase 1 Plan of Study and the final report to the IJC will include a summary of comments received through each engagement mechanism and how they have been addressed in those documents.    

2. Mechanisms of engagement: 

1. The Study Board is expected to provide opportunities for direct in person or virtual engagement with the work of the Study Board by federal, provincial, state, First Nations, Métis, and Tribal governments, industry, local communities, organizations, the public and others who live, work or have interests in the watershed.  

2. The Study Board is expected to provide opportunities for more general ongoing engagement opportunities for those that do not participate directly in the Study Board’s engagement meetings. This can be, at minimum, through information provided on a public website with an ongoing opportunity to comment. 

3. The Study Board will engage with Indigenous knowledge holders to ensure that their specific concerns and information are considered by the Study Board (this is in addition to the inclusion of traditional knowledge in the technical work set out in section one above and the work of Council of Indigenous Knowledge Holders).   

4. Carry out all activities in accordance with the Commission’s policies and guidance documents.  

5. Keep the Commission informed of its progress. The Study Board will keep the Commission informed of its plans and progress and of any developments or impediments, actual or anticipated, which are likely to impede, delay, or otherwise affect the achievement of its deliverables as set forth in this Directive. The Study Board will inform the Commission of any such activities or conditions that might affect its work through regular contact with liaisons designated by the Commission, and by appearing before the Commission at semi-annual meetings, or upon request.  

4. Study Board Deliverables 

2. Provide the Commission with its interim report by Friday, September 26, 2025.  The Interim report will include, at a minimum, a summary of achievements, Study Board and working groups activities, independent peer review, communications/engagements with the public, Indigenous collaboration, study timeline and expenditures, looking forward, and issues requiring Commission advice and guidance. 

3. Provide the Commission with its final report by Monday, September 28, 2026.  The final report will consist of reporting and recommendations on the matters described in section III (1 and 2) above, and a summary of public engagement.  It will also include a Phase 2 Plan of Study recommending potential future work, including public engagement and how and by whom this future work should be conducted and associated cost. 

5. Commission Roles 

1. Appoint the eight members of the Study Board, including the two Co-chairs; 

2. Appoint the Study Managers; 

3. Provide an orientation package for the Study Board as soon as the Study Board is established, including resources, contacts, and information to carry out the responsibilities described herein as effectively and efficiently as possible;  

4. Provide an Information Management Framework for the Study Board to follow and implement including a metadata protocol, process to capture study assets consistent with the Commission data policy and protocols, and archiving strategy.  The framework will inform the subsequent development of the Study Board’s data management plan;  

5. Provide a Communications package for the Study Board, including resources, contacts, and guidance; and provide additional support and guidance as needed, on an ongoing basis;  

6. In the sole discretion of the Commission, attend meetings of the Study Board, Study Board committees, and any engagement sessions held by those bodies. 

7. Receive and review the deliverables set out above in s. IV from the Study Board, undertake any public engagement regarding Study Board deliverables, and transmit the deliverables to Governments and the Governance Body, as appropriate; and  

8. Establish and appoint the following Study Board advisory groups: Public Advisory Group, Industry Advisory Group, and Council of Governments Advisory Group; 

9. In consultation with the Study Board, establish an Independent Review Group (IRG) and share results of IRG review with the Study Board; and 

10. In consultation with the Study Board, establish a Council of Indigenous Knowledge Holders. 

6. Governance  

7. Study Board and Related Roles 

• The Public Advisory Group will include members of the public from the US and Canada. The public members to the advisory group will be appointed within three months of the date of this Directive. The Public Advisory Group shall provide advice, feedback and guidance to the Study Board. Members of the advisory group, including the Co-chairs, will be appointed by the Commission’s U.S. and Canadian Secretaries in consultation with the Study Board.  

• The Industry Advisory Group will include members of vested industries from the US and Canada. The Industry Advisory Group shall provide advice, feedback and guidance to the Study Board. The members of the advisory group will be appointed within three months of the date of this Directive. Members of the advisory group, including the Co-chairs, will be appointed by the Commission’s U.S. and Canadian Secretaries in consultation with the Study Board.  

• The Council of Governments Advisory Group will include representatives from local, federal, state, provincial and Indigenous governments having relevant roles in the watershed. Members of the Council of Governments, including Co-chairs, will be appointed by the Commission. At a minimum, the Council of Governments role will consist of providing feedback and advice on the Study Board’s penultimate drafts of their Interim Report and Final Report. 

2. Provide documents and a data management plan in accordance with the Information Management Framework provided by the Commission. The Study Board will include the following items, at a minimum, in a Data Management Plan: expectations in data security, metadata management, versioning data and models, managing models and datasets, and requirements for end of Study (e.g., archiving, legacy data/documentation). Special consideration and protection will be given to Indigenous knowledge, information and data. 

3. Maintain comprehensive records.  The Study Board is expected to maintain minutes of all meetings that include clear records of all decisions.  Administrative and logistical functions are the responsibility of the Board.  These functions are normally done by Study Board managers and support staff assigned by the Study Board. 

4. Maintain Commission records separately from personal and business records. Study Board members agree to maintain all paper and electronic records related to the Study separate from personal or business records. All Commission records that the Commission has not decided to make available to the public are privileged and immune from seizure as per the Commission’s Immunity Guidelines for the Commission’s Study Team, Task Force and advisory group members.