[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR123.34]

[Page 239]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 123--STATE PROGRAM REQUIREMENTS--Table of Contents
 
                  Subpart B--State Program Submissions
 
Sec. 123.34  Provisions for Tribal criminal enforcement authority.

    To the extent that an Indian Tribe is precluded from asserting 
criminal enforcement authority as required under Sec. 123.27, the 
Federal Government will exercise primary criminal enforcement 
responsibility. The Tribe, with the EPA Region, shall develop a 
procedure by which the Tribal agency will refer potential criminal 
violations to the Regional Administrator, as agreed to by the parties, 
in an appropriate and timely manner. This procedure shall encompass all 
circumstances in which the Tribe is incapable of exercising the 
enforcement requirements of Sec. 123.27. This agreement shall be 
incorporated into a joint or separate Memorandum of Agreement with the 
EPA Region, as appropriate.

[58 FR 67983, Dec. 22, 1993]