§ 300j–11 — Indian Tribes

(a) Subject to the provisions of subsection (b), the Administrator— (1) is authorized to treat Indian Tribes as States under this subchapter, (2) may delegate to such Tribes primary enforcement responsibility for public water systems and for underground injection control, and (3) may provide such Tribes grant and contract assistance to carry out functions provided by this subchapter. (1) The Administrator shall, within 18 months after June 19, 1986, promulgate final regulations specifying those provisions of this subchapter for which it is appropriate to treat Indian Tribes as States. Such treatment shall be authorized only if: (A) the Indian Tribe is recognized by the Secretary of the Interior and has a governing body carrying out substantial governmental duties and powers; (B) the functions to be exercised by the Indian Tribe are within the area of the Tribal Government’s jurisdiction; and (C) 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 this subchapter and of all applicable regulations. (2) shall not be required to exercise criminal enforcement jurisdiction for purposes of complying with the preceding sentence.