[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR233.12]

[Page 288]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                       Subpart B--Program Approval
 
Sec. 233.12  Attorney General's statement.

    (a) Any State that seeks to administer a program under this part 
shall submit a statement from the State Attorney General (or the 
attorney for those State or interstate agencies which have independence 
legal counsel), that the laws and regulations of the State, or an 
interstate compact, provide adequate authority to carry out the program 
and meet the applicable requirements of this part. This statement shall 
cite specific statutes and administrative regulations which are lawfully 
adopted at the time the statement is signed and which shall be fully 
effective by the time the program is approved, and, where appropriate, 
judicial decisions which demonstrate adequate authority. The attorney 
signing the statement required by this section must have authority to 
represent the State agency in court on all matters pertaining to the 
State program.
    (b) If a State seeks approval of a program covering activities on 
Indian lands, the statement shall contain an analysis of the State's 
authority over such activities.
    (c) The State Attorney General's statement shall contain a legal 
analysis of the effect of State law regarding the prohibition on taking 
private property without just compensation on the successful 
implementation of the State's program.
    (d) In those States where more than one agency has responsibility 
for administering the State program, the statement must include 
certification that each agency has full authority to administer the 
program within its category of jurisdiction and that the State, as a 
whole, has full authority to administer a complete State section 404 
program.