[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: 40CFR142.76]

[Page 671-672]
 
                   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. 142.76  Request by an Indian Tribe for a determination of eligibility.

    An Indian Tribe may apply to the Administrator for a determination 
that it meets the criteria of section 1451 of the Act. The application 
shall be concise and describe how the Indian Tribe will meet each of the 
requirements of Sec. 142.72. The application shall consist of the 
following information:
    (a) A statement that the Tribe is recognized by the Secretary of the 
Interior.
    (b) A descriptive statement demonstrating that the Tribal governing 
body is currently carrying out substantial governmental duties and 
powers over a defined area. The statement should:
    (1) Describe the form of the Tribal government;
    (2) Describe the types of governmental functions currently performed 
by the Tribal governing body such as, but not limited to, the exercise 
of police powers affecting (or relating to) the health, safety, and 
welfare of the affected population; taxation; and the exercise of the 
power of eminent domain; and
    (3) Identify the sources of the Tribal government's authority to 
carry out the governmental functions currently being performed.
    (c) A map or legal description of the area over which the Indian 
Tribe asserts jurisdiction; a statement by the Tribal Attorney General 
(or equivalent official) which describes the basis for the Tribe's 
jurisdictional assertion (including the nature or subject matter of the 
asserted jurisdiction); a copy of those documents such as Tribal 
constitutions, by-laws, charters, executive orders, codes, ordinances, 
and/or resolutions which the Tribe believes are relevant to its 
assertions regarding jurisdiction; and a description of the locations of 
the public water systems the Tribe proposes to regulate.
    (d) A narrative statement describing the capability of the Indian 
Tribe to administer an effective Public Water System program. The 
narrative statement should include:
    (1) A description of the Indian Tribe's previous management 
experience which may include, the administration of programs and 
services authorized by the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.), the Indian Mineral Development 
Act (25 U.S.C. 2101 et seq.), or the Indian Sanitation Facilities 
Construction Activity Act (42 U.S.C. 2004a).
    (2) A list of existing environmental or public health programs 
administered by the Tribal governing body and a copy of related Tribal 
laws, regulations and policies.
    (3) A description of the Indian Tribe's accounting and procurement 
systems.
    (4) A description of the entity (or entities) which exercise the 
executive, legislative, and judicial functions of the Tribal government.
    (5) A description of the existing, or proposed, agency of the Indian 
Tribe which will assume primary enforcement responsibility, including a 
description of the relationship between owners/operators of the public 
water systems and the agency.
    (6) A description of the technical and administrative capabilities 
of the staff to administer and manage an effective Public Water System 
Program or a plan which proposes how the Tribe will acquire additional 
administrative and/or technical expertise. The plan must address how the 
Tribe will obtain the funds to acquire the additional administrative and 
technical expertise.
    (e) The Administrator may, in his discretion, request further 
documentation necessary to support a Tribe's eligibility.

[[Page 672]]

    (f) If the Administrator has previously determined that a Tribe has 
met the prerequisites that make it eligible to assume a role similar to 
that of a state as provided by statute under the Safe Drinking Water 
Act, the Clean Water Act, or the Clean Air Act, then that Tribe need 
provide only that information unique to the Public Water System program 
(paragraphs (c), (d)(5) and (6) of this section).

[53 FR 37411, Sept. 26, 1988, as amended at 59 FR 64344, Dec. 14, 1994]