[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: 40CFR233.60]

[Page 304]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                    Subpart G--Eligible Indian Tribes
 
Sec. 233.60  Requirements for eligibility.

    Source: 58 FR 8183, Feb. 11, 1993, unless otherwise noted.


    Section 518(e) of the CWA, 33 U.S.C. 1378(e), authorizes the 
Administrator to treat an Indian Tribe as eligible to apply for the 404 
permit program under section 404(g)(1) if it meets the following 
criteria:
    (a) The Indian Tribe is recognized by the Secretary of the Interior.
    (b) The Indian Tribe has a governing body carrying out substantial 
governmental duties and powers.
    (c) 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 Untied States in trust for the Indians, held by a 
member of an Indian Tribe if such property interest is subject to a 
trust restriction an alienation, or otherwise within the borders of the 
Indian reservation.
    (d) The Indian Tribe is reasonably expected to be capable, in the 
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 section 404 dredge and fill 
permit program.

[58 FR 8183, Feb. 11, 1993, as amended at 59 FR 64345, Dec. 14, 1994]