[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR501.23]

[Page 822-823]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 501--STATE SLUDGE MANAGEMENT PROGRAM REGULATIONS--Table of Contents
 
         Subpart B--Development and Submission of State Programs
 
Sec. 501.23  Request by an Indian Tribe for a determination of eligibility.

    An Indian Tribe may apply to the Regional Administrator for a 
determination that it qualifies pursuant to section 518 of the Act for 
purposes of seeking sludge management program approval. The application 
shall be concise and describe how the Indian Tribe will meet each of the 
requirements of Sec. 501.22. The application shall include 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. This 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 source 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 authority under section 518(e)(2) of the Act; a statement 
by the Tribal Attorney General (or equivalent official authorized to 
represent the Tribe in all legal matters in court pertaining to the 
program for which it seeks approval) which describes the basis for the 
Tribe's assertion (including the nature or subject matter of the 
asserted regulatory authority); copies 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 
assertion under section 518(e)(2) of the Act.
    (d) A narrative statement describing the capability of the Indian 
Tribe to administer an effective, environmentally sound sludge 
management program. The statement should include:
    (1) A description of the Indian Tribe's previous management 
experience which may include the administration of programs and service 
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 Facility 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 entity (or entities) which exercise the 
executive, legislative, and judicial functions of the Tribal government;
    (4) A description of the existing, or proposed, agency of the Indian 
Tribe which will assume primary responsibility for establishing and 
administering a sludge management program (including a description of 
the relationship between the existing or proposed agency and its 
regulated entities);
    (5) A description of the technical and administrative abilities of 
the staff to administer and manage an effective, environmentally sound 
sludge management program or a plan which proposes how the Tribe will 
acquire additional administrative and technical expertise. The plan must 
address how the Tribe will obtain the funds to acquire the 
administrative and technical expertise.
    (e) The Regional Administrator may, at his discretion, request 
further documentation necessary to support a Tribe's eligibility.
    (f) If the Administrator or her delegatee 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 sludge management 
program

[[Page 823]]

which is requested by the Regional Administrator.

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