[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR49.8]

[Page 718]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 49--TRIBAL CLEAN AIR ACT AUTHORITY--Table of Contents
 
                       Subpart A--Tribal Authority
 
Sec. 49.8  Provisions for tribal criminal enforcement authority.

    To the extent that an Indian tribe is precluded from asserting 
criminal enforcement authority, the Federal Government will exercise 
primary criminal enforcement responsibility. The tribe, with the EPA 
Region, shall develop a procedure by which the tribe will provide 
potential investigative leads to EPA and/or other appropriate Federal 
agencies, 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 applicable enforcement requirements as 
provided in Sec. 49.7(a)(6). This agreement shall be incorporated into a 
Memorandum of Agreement with the EPA Region.