[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR233.12]



[Page 291-292]

 

                   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



[[Page 292]]



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.