40 CFR 501.22 - Requirements for eligibility of Indian Tribes.

§ 501.22 Requirements for eligibility of Indian Tribes.

(a) Consistent with section 518(e) of the CWA, 33 U.S.C. 1377(e), the Regional Administrator will treat an Indian Tribe as eligible to apply for sludge management program authority if it meets the following criteria:

(1) The Indian Tribe is recognized by the Secretary of the Interior.

(2) The Indian Tribe has a governing body carrying out substantial governmental duties and powers.

(3) The functions to be exercised by the Indian Tribe pertain to the management and protection of water resources which are held by an Indian Tribe, held by the United States in trust for the Indians, held by a member of an Indian Tribe if such property interest is subject to a trust restriction on alienation, or otherwise within the borders of an Indian reservation.

(4) The Indian Tribe is reasonably expected to be capable, in the Regional Administrator's judgment, of carrying out the functions to be exercised, in a manner consistent with the terms and purposes of the Act and applicable regulations, of an effective sludge management program.

(b) An Indian Tribe which the Regional Administrator determines meets the criteria described in paragraph (a) of this section must also satisfy the State program requirements described in this part for assumption of the State program.

[ 58 FR 67984, Dec. 22, 1993, as amended at 59 FR 64346, Dec. 14, 1994]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 33 - NAVIGATION AND NAVIGABLE WATERS

Title 40 published on 10-May-2017 04:28

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 501 after this date.

  • 2016-05-16; vol. 81 # 94 - Monday, May 16, 2016
    1. 81 FR 30183 - Revised Interpretation of Clean Water Act Tribal Provision
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final interpretive rule.
      This final interpretive rule is effective on May 16, 2016.
      40 CFR Parts 123, 131, 233 and 501