[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: 40CFR233.60]



[Page 308]

 

                   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]