[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.72]

[Page 670-671]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
                         Subpart H_Indian Tribes
 
Sec. 142.72  Requirements for Tribal eligibility.

    Source: 53 FR 37411, Sept. 26, 1988, unless otherwise noted.


    The Administrator is authorized to treat an Indian tribe as eligible 
to apply for primary enforcement for the Public Water System Program and 
the authority to waive the mailing requirements of Sec. 141.155(a) if 
it meets the following criteria:
    (a) The Indian Tribe is recognized by the Secretary of the Interior.
    (b) The Indian Tribe has a tribal governing body which is currently 
``carrying out substantial governmental duties and powers'' over a 
defined area, (i.e., is currently performing governmental functions to 
promote the

[[Page 671]]

health, safety, and welfare of the affected population within a defined 
geographic area).
    (c) The Indian Tribe demonstrates that the functions to be performed 
in regulating the public water systems that the applicant intends to 
regulate are within the area of the Indian Tribal government's 
jurisdiction.
    (d) The Indian Tribe is reasonably expected to be capable, in the 
Administrator's judgment, of administering (in a manner consistent with 
the terms and purposes of the Act and all applicable regulations) an 
effective Public Water System program.

[53 FR 37411, Sept. 26, 1988, as amended at 59 FR 64344, Dec. 14, 1994; 
63 FR 44535, Aug. 19, 1998]