[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR123.31]

[Page 252]
 
                   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. 123.31  Requirements for eligibility of Indian Tribes.

    (a) Consistent with section 518(e) of the CWA, 33 U.S.C. 1377(e), 
the Regional Administrator will treat an Indian Tribe as eligible to 
apply for NPDES program authority if it meets the following criteria:
    (1) The Indian Tribe is recognized by the Secretary of the Interior.
    (2) The Indian Tribe has a governing body carrying out substantial 
governmental duties and powers.
    (3) The functions to be exercised by the Indian Tribe pertain to the 
management and protection of water resources which are held by an Indian 
Tribe, held by the United States in trust for the Indians, held by a 
member of an Indian Tribe if such property interest is subject to a 
trust restriction on alienation, or otherwise within the borders of an 
Indian reservation.
    (4) The Indian Tribe is reasonably expected to be capable, in the 
Regional Administrator's judgment, of carrying out the functions to be 
exercised, in a manner consistent with the terms and purposes of the Act 
and applicable regulations, of an effective NPDES permit program.
    (b) An Indian Tribe which the Regional Administrator determines 
meets the criteria described in paragraph (a) of this section must also 
satisfy the State program requirements described in this part for 
assumption of the State program.

[58 FR 67981, Dec. 22, 1993, as amended at 59 FR 64343, Dec. 14, 1994]