33 U.S.C. § 1377 : US Code - Section 1377: Indian tribes

Search 33 U.S.C. § 1377 : US Code - Section 1377: Indian tribes

(a) Policy
Nothing in this section shall be construed to affect the
application of section 1251(g) of this title, and all of the
provisions of this section shall be carried out in accordance with
the provisions of such section 1251(g) of this title. Indian tribes
shall be treated as States for purposes of such section 1251(g) of
this title.
(b) Assessment of sewage treatment needs; report
The Administrator, in cooperation with the Director of the Indian
Health Service, shall assess the need for sewage treatment works to
serve Indian tribes, the degree to which such needs will be met
through funds allotted to States under section 1285 of this title
and priority lists under section 1296 of this title, and any
obstacles which prevent such needs from being met. Not later than
one year after February 4, 1987, the Administrator shall submit a
report to Congress on the assessment under this subsection, along
with recommendations specifying (1) how the Administrator intends
to provide assistance to Indian tribes to develop waste treatment
management plans and to construct treatment works under this
chapter, and (2) methods by which the participation in and
administration of programs under this chapter by Indian tribes can
be maximized.
(c) Reservation of funds
The Administrator shall reserve each fiscal year beginning after
September 30, 1986, before allotments to the States under section
1285(e) of this title, one-half of one percent of the sums
appropriated under section 1287 of this title. Sums reserved under
this subsection shall be available only for grants for the
development of waste treatment management plans and for the
construction of sewage treatment works to serve Indian tribes, as
defined in subsection (h) of this section and former Indian
reservations in Oklahoma (as determined by the Secretary of the
Interior) and Alaska Native Villages as defined in Public Law 92-
203 [43 U.S.C. 1601 et seq.].
(d) Cooperative agreements
In order to ensure the consistent implementation of the
requirements of this chapter, an Indian tribe and the State or
States in which the lands of such tribe are located may enter into
a cooperative agreement, subject to the review and approval of the
Administrator, to jointly plan and administer the requirements of
this chapter.
(e) Treatment as States
The Administrator is authorized to treat an Indian tribe as a
State for purposes of subchapter II of this chapter and sections
1254, 1256, 1313, 1315, 1318, 1319, 1324, 1329, 1341, 1342, 1344,
and 1346 of this title to the degree necessary to carry out the
objectives of this section, but only if -
(1) the Indian tribe has a governing body carrying out
substantial governmental duties and powers;
(2) 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 United States in trust for
Indians, held by a member of an Indian tribe if such property
interest is subject to a trust restriction on alienation, or
otherwise within the borders of an Indian reservation; and
(3) 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 chapter and of all applicable regulations.
Such treatment as a State may include the direct provision of funds
reserved under subsection (c) of this section to the governing
bodies of Indian tribes, and the determination of priorities by
Indian tribes, where not determined by the Administrator in
cooperation with the Director of the Indian Health Service. The
Administrator, in cooperation with the Director of the Indian
Health Service, is authorized to make grants under subchapter II of
this chapter in an amount not to exceed 100 percent of the cost of
a project. Not later than 18 months after February 4, 1987, the
Administrator shall, in consultation with Indian tribes, promulgate
final regulations which specify how Indian tribes shall be treated
as States for purposes of this chapter. The Administrator shall, in
promulgating such regulations, consult affected States sharing
common water bodies and provide a mechanism for the resolution of
any unreasonable consequences that may arise as a result of
differing water quality standards that may be set by States and
Indian tribes located on common bodies of water. Such mechanism
shall provide for explicit consideration of relevant factors
including, but not limited to, the effects of differing water
quality permit requirements on upstream and downstream dischargers,
economic impacts, and present and historical uses and quality of
the waters subject to such standards. Such mechanism should provide
for the avoidance of such unreasonable consequences in a manner
consistent with the objective of this chapter.
(f) Grants for nonpoint source programs
The Administrator shall make grants to an Indian tribe under
section 1329 of this title as though such tribe was a State. Not
more than one-third of one percent of the amount appropriated for
any fiscal year under section 1329 of this title may be used to
make grants under this subsection. In addition to the requirements
of section 1329 of this title, an Indian tribe shall be required to
meet the requirements of paragraphs (1), (2), and (3) of subsection
(d) (!1) of this section in order to receive such a grant.
(g) Alaska Native organizations
No provision of this chapter shall be construed to -
(1) grant, enlarge, or diminish, or in any way affect the scope
of the governmental authority, if any, of any Alaska Native
organization, including any federally-recognized tribe,
traditional Alaska Native council, or Native council organized
pursuant to the Act of June 18, 1934 (48 Stat. 987), over lands
or persons in Alaska;
(2) create or validate any assertion by such organization or
any form of governmental authority over lands or persons in
Alaska; or
(3) in any way affect any assertion that Indian country, as
defined in section 1151 of title 18, exists or does not exist in
Alaska.
(h) Definitions
For purposes of this section, the term -
(1) "Federal Indian reservation" means all land within the
limits of any Indian reservation under the jurisdiction of the
United States Government, notwithstanding the issuance of any
patent, and including rights-of-way running through the
reservation; and
(2) "Indian tribe" means any Indian tribe, band, group, or
community recognized by the Secretary of the Interior and
exercising governmental authority over a Federal Indian
reservation.