Środowisko i energia · 12/14/1994

Indian Tribes; Eligibility for Program Authorization

This action amends regulations addressing the role of Indian tribes so as to make it easier for tribes to obtain EPA approval to assume the role Congress envisioned for them under certain environmental statutes. Three EPA regulatory statutes address the tribal role specifically by authorizing EPA to treat tribes in a manner similar to that in which it treats states: The Clean Water Act (CWA), the Safe Drinking Water Act (SDWA), and the Clean Air Act (CAA). All three statutes specify that, in order to receive such treatment, a tribe must be federally recognized and possess a governing body carrying out substantial duties and powers. In addition, each requires that a tribe possess civil regulatory jurisdiction to carry out the functions it seeks to exercise. Finally, all three require that a tribe be reasonably expected to be capable of carrying out those functions. The Agency initially chose to implement provisions of the Clean Water and Safe Drinking Water Acts regarding Indian tribes by establishing a formal prequalification process under which tribes can seek eligibility under these statutes. This prequalification process has in the past been referred to as approval for ``treatme