[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6382]


[[Page Unknown]]

[Federal Register: March 23, 1994]


_______________________________________________________________________

Part III





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 35 and 130




Indian Tribes: Eligibility of Indian Tribes for Financial Assistance; 
Final Rule
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 35 and 130

[FRL-4728-5]

 
Indian Tribes: Eligibility of Indian Tribes for Financial 
Assistance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Amendments to interim final rule.

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SUMMARY: The Clean Water Act contains provisions which authorize EPA to 
treat Indian tribes in substantially the same manner in which it treats 
states for purposes of various types of financial assistance. This 
action contains amendments to the interim final regulations 
implementing that authority for financial assistance programs. The 
purpose of these regulatory amendments is to make it easier for tribes 
to obtain EPA approval to assume the role Congress envisioned for them 
under this statute.

EFFECTIVE DATES: The amendments to the interim final rule are effective 
March 23, 1994. EPA will accept comments on these amendments until May 
23, 1994.

ADDRESSES: Comments must be mailed (in duplicate, if possible) to C. 
Marshall Cain, Office of Federal Activities (A-104), Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460.
    The docket for this rule and copies of the public documents 
submitted will be available for public inspection and copying at a 
reasonable fee at EPA Headquarters Library, Public Information 
Reference Unit, room 2904, 401 M Street, telephone (202) 260-5926.

FOR FURTHER INFORMATION CONTACT: C. Marshall Cain, Office of Federal 
Activities, U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington DC 20460, telephone (202) 260-8792.

SUPPLEMENTARY INFORMATION: This preamble is organized according to the 
following outline:

I. Introduction
II. Regulations Governing Eligibility of Indian Tribes
    A. The Existing Process
    1. Recognition and a Government
    2. Jurisdiction and Capability
    3. Comment Process
    4. Subsequent Tribal Applications
    B. Workgroup Examination of Process
III. Revisions to the Process in Light of Statutory Requirements
    A. Simplified Determination as To Recognition and Government
    B. Case by Case Review of Jurisdiction and Capability
    1. Simplified Jurisdictional Analysis
    2. Capability
IV. Summary of Revised Process
V. Executive Order 12866
VI. Regulatory Flexibility Act
VII. Paperwork Reduction Act

I. Introduction: Statutory and Regulatory Background

    Under its American Indian Policy, EPA works directly with tribal 
governments as ``sovereign entities with primary authority and 
responsibility for the reservation populace.'' At the time the Policy 
was adopted in 1984, the environmental statutes which EPA administers 
generally did not explicitly address the role of tribes in 
environmental management, but provided for a joint state and federal 
role in environmental management. Subsequently, three EPA regulatory 
statutes have been amended to address the tribal role specifically by 
authorizing EPA to treat tribes in a manner similar to that in which it 
treats states: the Clean Water Act (CWA), the Safe Drinking Water Act 
(SDWA), and the Clean Air Act (CAA).1
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    \1\In addition, the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA or ``Superfund''), which is 
primarily a response, rather than a regulatory statute, has also 
been amended to authorize EPA to treat tribal governments in 
substantially the same way it treats states with respect to selected 
provisions of the statute.
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    EPA recognizes that tribes are sovereign nations with a unique 
legal status and a relationship to the federal government that is 
significantly different than that of states. EPA believes that Congress 
did not intend to alter this when it authorized treatment of tribes 
``as States;'' rather, the purpose of the statutory amendments was to 
reflect an intent that, insofar as possible, tribes should assume a 
role in implementing the environmental statutes on tribal land 
comparable to the role states play on state land.
    All three regulatory statutes specify that, in order to receive 
such treatment, a tribe must be federally recognized and possess a 
governing body carrying out substantial duties and powers. 33 U.S.C. 
1377 (e), (h) (CWA); 42 U.S.C. 300j-11 (SDWA); 42 U.S.C. 7601(d) (CAA). 
In addition, although there are some variations in language among the 
three statutes, each requires that a tribe possess civil regulatory 
jurisdiction to carry out the functions it seeks to exercise.2 
Finally, all three require that a tribe be reasonably expected to be 
capable of carrying out those functions.
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    \2\Under the Clean Water Act, the tribe must propose to carry 
out functions that ``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.'' 33 U.S.C. 1377(e)(2). Under the Clean Air Act, ``the 
functions to be exercised by the Indian tribe [must] pertain to the 
management and protection of air resources within the exterior 
boundaries of the reservation or other areas within the tribe's 
jurisdiction.'' 42 U.S.C. 7601(d)(2)(B). Under the SDWA, the tribe 
must propose to exercise functions ``within the area of the Tribal 
Government's jurisdiction.'' 42 U.S.C. 300j-11 (b)(1)(B).
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    The Agency initially chose to implement provisions of the Clean 
Water and Safe Drinking Water Acts regarding Indian tribes by 
establishing a formal prequalification process under which tribes can 
seek eligibility under these statutes. This prequalification process 
has in the past been referred to as approval for ``treatment as a 
state'' (``TAS''). Tribes that obtain such approval then become 
eligible to apply for certain grants and program approvals available to 
states.3
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    \3\By contrast, the provision of CERCLA authorizing EPA to 
afford a tribal government ``substantially the same treatment as a 
State'' does not establish any specific criteria a tribe must meet 
to qualify for such treatment. 42 U.S.C. 9626. EPA has established, 
by regulation, the criteria of recognition, a government, and 
jurisdiction, but has not adopted a formal prequalification process 
under CERCLA. See 40 CFR 300.515(b). The Agency is developing 
regulations pertaining to the treatment of American Indian tribes 
under the Clean Air Act.
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II. Regulations Governing Eligibility of Indian Tribes

A. The Existing Process

    The Agency has promulgated five regulations that utilize the 
``TAS'' process to date: (1) Safe Drinking Water Act National Drinking 
Water Regulations and Underground Injection Control Regulations for 
Indian Lands, 53 FR 37395 (September 26, 1988), codified at 40 CFR 
parts 35, 124, 141, 142, 143, 144, 145, and 146; (2) Indian Tribes: 
Water Quality Planning and Management, 54 FR 14353 (April 11, 1989), 
Comprehensive Construction Grant Regulation Revision, 55 FR 27092 (June 
29, 1990) (governing grant programs under the CWA), codified at 40 CFR 
parts 35 and 130; (3) Amendments to the Water Quality Standards 
Regulation that Pertain to Standards on Indian Reservations, 56 FR 
64876 (December 12, 1991), codified at 40 CFR part 131; (4) Clean Water 
Act, section 404 Tribal Regulations, 58 FR 8171 (February 11, 1993), 
codified at 40 CFR parts 232 and 233; and (5) Treatment of Indian 
Tribes as States for Purposes of sections 308, 309, 401, 402, and 405 
of the Clean Water Act (``NPDES'') Rule, 58 FR 67966 (December 22, 
1993), codified at 40 CFR parts 122, 123, 124 and 501.
    Under all of these regulations, before a tribe can obtain financial 
assistance available to states or obtain approval to operate a program 
which states are authorized to operate on state lands, the tribe must 
first formally qualify for ``treatment as a state.'' To qualify, a 
tribe must submit an application establishing that it is federally 
recognized, has a governing body carrying out substantial duties and 
powers, and has adequate jurisdiction and capability to carry out the 
proposed activities. Once a tribe obtains ``TAS'' approval, it is 
eligible to apply for financial assistance and program approval.
1. Recognition and Government
    A tribe typically establishes recognition by showing its inclusion 
on the list of federally recognized Tribes published by the Secretary 
of the Interior in the Federal Register. A tribe establishes that it 
meets the governmental duties and powers requirement with a narrative 
statement describing the form of the tribal government and the types of 
functions it performs, and identifying the sources of the tribe's 
governmental authority.
2. Jurisdiction and Capability
    To establish jurisdiction under the CWA grant regulations, a tribe 
must submit a statement signed by a tribal legal official explaining 
the legal basis for the Tribe's regulatory authority over its water 
resources. The CWA grant regulations do not require that a tribe submit 
any specific materials to establish capability.
    The other regulations specify that a tribe must submit various 
specific documents to establish jurisdiction, including: a map or legal 
description of the area over which the tribe claims jurisdiction; a 
statement by a tribal legal official describing the basis, nature, and 
subject matter of the tribe's jurisdiction; copies of all documents 
supporting the jurisdictional assertions; and a description of the 
locations of the systems or sources the tribe proposes to regulate. 
Similarly, to establish capability a tribe must submit a narrative 
statement describing tribal capability to administer an effective 
program, and certain specific, listed materials in support of that 
statement.
3. Comment Process
    Upon receiving a ``TAS'' application under these regulations, EPA 
notifies all ``appropriate governmental entities,''4 as to the 
substance of and basis for the jurisdictional assertions in the 
application, and invites comment on those assertions. Where comments 
raise a competing or conflicting jurisdictional claim, the Agency must 
consult with the Department of the Interior before making a final 
decision on the tribe's application.
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    \4\The Agency defines this to include contiguous states, other 
tribes, and federal land agencies responsible for management of 
lands contiguous to the reservation. (Amendments to the Water 
Quality Standards Regulation that Pertain to Standards on Indian 
Reservations; Final Rule. 56 FR 64875, 64884 (December 12, 1991)). 
In response to public comments, EPA has considered, but decided 
against, providing interested political subdivisions of states, 
including local governments and water districts, the opportunity to 
comment on tribal jurisdictional assertions. Id.
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    In practice, this comment process has sometimes led to delays in 
the processing and approval of tribal applications. Indeed, it has 
proven to be the single portion of ``TAS'' review most responsible for 
delays. The comment process also has created a perception that states 
have an oversight role in EPA's treatment of Indian tribes, which some 
tribes find objectionable, particularly since tribes have typically not 
been asked to offer their views on the scope and extent of state 
jurisdiction.
4. Subsequent Tribal Applications
    The regulations require a separate ``treatment as a state'' 
application for each program for which the tribe seeks such treatment. 
However, after an initial approval, applications for each additional 
program need provide only that additional information unique to the 
additional program.

B. Workgroup Examination of Process

    The Agency's ``TAS'' prequalification process has proven to be 
burdensome, time-consuming and offensive to tribes. Accordingly, in 
1992 EPA established a working group to focus on ways of improving and 
simplifying that process. The Agency formally adopted the Workgroup's 
recommendations as Agency policy by Memorandum dated November 10, 1992. 
That Memorandum explicitly recognized that the policies it adopted 
would require amendments to existing regulations. The purpose of this 
regulation is to amend existing financial assistance regulations under 
the Clean Water Act in order to implement the new policy. To the extent 
possible, the Agency plans to use the same process in future 
regulations regarding determinations of tribal eligibility.

III. Revisions to the Process in Light of Statutory Requirements

    No statute compels the use of a formal ``TAS'' or other 
prequalification process separate from approval of the underlying 
request for a grant or program approval. The only requirements imposed 
by statute are that, to be eligible for financial assistance and/or 
program authorization, a tribe must be federally recognized, have a 
governing body carrying out substantial duties and powers, and have 
adequate jurisdiction and capability to carry out the proposed 
activities. Thus, EPA may authorize a tribal program or grant without 
formally designating the tribe as ``eligible for TAS,'' so long as the 
Agency establishes that the tribe meets applicable statutory 
requirements. In other words, the Agency can ensure compliance with 
statutory mandates without requiring tribes to undergo a discrete, 
formal process of seeking ``TAS'' approval.
    Accordingly, EPA is amending its regulations to eliminate ``TAS'' 
review as a separate step in the processing of a tribal application for 
a grant. Under the new, simplified process, the Agency will ensure 
compliance with statutory requirements as an integral part of the 
process of reviewing grant applications. To the extent that this rule 
or preamble conflicts with the language of previous rules and 
preambles, the language herein shall be controlling. EPA will also, as 
far as possible, discontinue use of the term ``treatment as a state;'' 
however, since this phrase is included in several statutes, its 
continued use may sometimes be necessary.

A. Simplified Determination as to Recognition and Government

    As a general rule, the recognition and governmental requirements 
are essentially the same under the Clean Water and Safe Drinking Water 
Acts. The new process will reflect this by establishing identical 
requirements for making this showing under each statute. Moreover, the 
fact that a tribe has met the recognition or governmental functions 
requirement under either of the Water Acts will establish that it meets 
those requirements under both statutes. To facilitate review of tribal 
applications, EPA therefore requests that tribal applications inform 
EPA whether a tribe has been approved for ``TAS'' (under the old 
process) or deemed eligible to receive funding or authorization (under 
the revised process) for any other program.
    A tribe that has not done so may establish that it has been 
federally recognized by simply stating in its grant or program 
authorization application that it appears on the list of federally 
recognized tribes that the Secretary of the Interior publishes 
periodically in the Federal Register. If the tribe notifies EPA that it 
has been recognized but does not appear on this list because the list 
has not been updated, EPA will seek to verify the fact of recognition 
with the Department of the Interior.
    A tribe that has not yet made its initial governmental showing can 
do so by certifying that it has a government carrying out substantial 
governmental functions. A tribe will be able to make the required 
certification if it is currently performing governmental functions to 
promote the public health, safety, and welfare of its population. 
Examples of such functions include, but are not limited to, levying 
taxes, acquiring land by exercise of the power of eminent domain, and 
exercising police power. Such examples should be included in a 
narrative statement supporting the certification, (1) Describing the 
form of tribal government and the types of essential governmental 
functions currently performed, and (2) identifying the legal 
authorities for performing those functions (e.g., tribal constitutions 
or codes). It should be relatively easy for tribes to meet this 
requirement without submitting copies of specific documents unless 
requested to do so by the Agency.

B. Case by Case Review of Jurisdiction and Capability

    A tribe may have jurisdiction over, and capability to carry out, 
certain activities (e.g., protection of the quality of a particular 
lake for the Clean Lakes program under the Clean Water Act), but not 
others (e.g., waste management on a portion of the reservation far 
removed from any lakes). For this reason, EPA believes that the Agency 
must make a specific determination that a tribe has adequate 
jurisdictional authority and administrative and programmatic capability 
before it approves each tribal program. This will ensure that tribes 
meet the statutory requirements Congress has established as 
prerequisites to tribal eligibility for each particular program.
1. Simplified Jurisdictional Analysis
    The portion of the jurisdictional determination under which 
governments comment on tribal jurisdiction will be substantially 
altered under this Rule. These changes are outlined below.
    Comments will no longer be sought from ``appropriate governmental 
entities'' with regard to tribal grant applications. The Agency now has 
extensive experience awarding grants to tribes and is capable of 
evaluating tribal grant applications to ensure that a tribe has 
adequate jurisdiction to receive grants.
    A separate ``TAS'' jurisdictional review is not needed to verify 
that a tribe meets the statutory jurisdictional requirement. This 
change will have the effect only of eliminating duplicative 
requirements.
    Finally, the Agency notes that certain issues concerning tribal 
jurisdiction may be relevant to a tribe's authority to conduct 
activities. For example, if a tribe and a state or another tribe 
disagree as to the boundary of a particular tribe's reservation, each 
time the tribe seeks to assert authority over the disputed area, the 
dispute will recur. The Agency recognizes that its determinations 
regarding tribal jurisdiction apply only to activities to be carried 
out within the scope of the grant. However, it also believes that, once 
it makes a jurisdictional determination in response to a tribal 
application regarding any EPA program, it will ordinarily make the same 
determination for other programs unless a subsequent application raises 
different legal issues. Thus, for example, once the Agency has arrived 
at a position concerning a boundary dispute, it will not alter that 
position in the absence of significant new factual or legal 
information.
    Under the new approval process, as under the old, the Agency will 
continue to retain authority to limit its approval of a tribal 
application to those land areas where the tribe has demonstrated 
jurisdiction. This would allow EPA to approve the portion of a tribal 
application covering certain areas, while withholding approval of the 
portion of an application addressing those land areas where tribal 
authority has not been satisfactorily established. See, e.g., 53 FR 
37395, 37402 (September 26, 1988) (SDWA); 54 FR 14353, 14355 (April 11, 
1989) (Clean Water Act Grants); 54 FR 39097, 39102 (September 12, 1989) 
(Clean Water Act Water Quality Standards); 58 FR 8171, 8176 (February 
11, 1993) (Clean Water Act section 404); 58 FR 67966, 67972 (Clean 
Water Act NPDES) (December 22, 1993).
2. Capability
    EPA must continue to make a separate determination of tribal 
capability for each program for which it approves a tribe. However, the 
Safe Drinking Water Act, Water Quality Standards, and section 404 
regulations would be amended to conform to the CWA grant regulations, 
which do not specifically prescribe the material a tribe must submit to 
establish capability. Ordinarily, the inquiry EPA will make into the 
capability of any applicant, tribal or state, for a grant or program 
approval would be sufficient to enable the Agency to determine whether 
a tribe meets the statutory capability requirement. See, e.g., 40 CFR 
part 31 (grant regulations applicable to states and tribes); 40 CFR 
142.3 (Public Water System primary enforcement responsibility 
requirements at parts 141, 142 apply to tribes); 145.1(h) (Underground 
Injection Control requirements of parts 124, 144, 145, and 146 that 
apply to states generally apply to tribes).
    Nevertheless, EPA may request that the tribe provide a narrative 
statement or other documents showing that the tribe is capable of 
administering the program for which it is seeking approval. In 
evaluating tribal capability, EPA will consider: (1) The tribe's 
previous management experience; (2) existing environmental or public 
health programs administered by the tribe; (3) the mechanisms in place 
for carrying out the executive, legislative and judicial functions of 
the tribal government; (4) the relationship between regulated entities 
and the administrative agency of the tribal government which will be 
the regulator; and (5) the technical and administrative capabilities of 
the staff to administer and manage the program.
    EPA recognizes that certain tribes may not have substantial 
experience administering environmental programs; a lack of such 
experience will not preclude a tribe from demonstrating capability, so 
long as it shows that it has the necessary management and technical and 
related skills or submits a plan describing how it will acquire those 
skills.

IV. Summary of Revised Process

    Under the new process, tribes will continue to seek grants under 
the authority of statutes authorizing EPA to treat eligible tribes in a 
manner similar to that in which it treats states. For instance, tribes 
seeking approval of an NPDES or Wetlands permits program will comply 
with the applicable provisions of 40 CFR parts 123 or 233. However, 
tribes will now generally be required to submit only a single 
application to demonstrate eligibility for the grant, without the need 
for a separate application for ``TAS.'' EPA will verify that the tribe 
meets all statutory prerequisites for eligibility in the process of 
reviewing the single tribal application.
    EPA believes that the changes outlined in this notice will simplify 
and streamline the process of assessing tribal eligibility while still 
ensuring full compliance with all applicable statutes. The Agency 
expects that the new process will reduce the burdens and barriers to 
tribes of participating in environmental management.

V. Executive Order 12866

    OMB has reviewed this action under the terms of Executive Order 
12886.

VI. Regulatory Flexibility Act

    EPA did not develop a Regulatory Flexibility Analysis for the 
amendments in this rule. This is because they are exempt from notice 
and comment rulemaking under section 553(a)(2) of the Administrative 
Procedure Act (5 U.S.C. 553(a)(2)) and therefore are not subject to the 
analytical requirements of sections 603 and 604 of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 603 and 604).

VII. Paperwork Reduction Act

    The proposed regulations contain no new or additional information 
collection activities and, therefore, no information collection request 
will be submitted to the Office of Management and Budget for review in 
compliance with the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects

40 CFR Part 35

    Environmental protection, Air pollution control, Coastal zone, 
Grant programs-environmental protection, Grant programs-Indians, 
Hazardous waste, Indians, Intergovernmental relations, Pesticides and 
pests, Reporting and recordkeeping requirements, Superfund, Waste 
treatment and disposal, Water pollution control, Water supply.

40 CFR Part 130

    Environmental protection, Grant programs-environmental protection, 
Indians-lands, Intergovernmental relations, Reporting and recordkeeping 
requirements, Water pollution control, Water supply.

    Dated: March 10, 1994.
Carol M. Browner,
Administrator.

    For the reasons set forth in the preamble, title 40, chapter I of 
the Code of Federal Regulations is amended as follows:

PART 35--STATE AND LOCAL ASSISTANCE

Subpart A--Financial Assistance for Continuing Environmental 
Programs

    1. The authority citation for subpart A of part 35 continues to 
read as follows:

    Authority: Secs. 105 and 301(a) of the Clean Air Act, as amended 
(42 U.S.C. 7405 and 7601(a); Secs. 106, 205(g), 205(j), 208, 319, 
501(a), and 518 of the Clean Water Act, as amended (33 U.S.C. 1256, 
1285(g), 1285(j), 1288, 1361(a) and 1377); secs. 1443, 1450, and 
1451 of the Safe Drinking Water Act (42 U.S.C. 300j-2, 300j-9 and 
300j-11); secs. 2002(a) and 3011 of the Solid Waste Disposal Act, as 
amended by the Resource Conservation, and Recovery Act of 1976 (42 
U.S.C. 6912(a), 6931, 6947, and 6949); and secs. 4, 23, and 25(a) of 
the Federal Insecticide, Fungicide and Rodenticide Act, as amended 
(7 U.S.C. 136(b), 136(u) and 136w(a).

    2. Section 35.105 is amended by adding a definition of Eligible 
Indian Tribe in alphabetical order and by revising the definition of 
``State'' to read as follows:


Sec. 35.105  Definitions.

* * * *
    Eligible Indian Tribe means for purposes of the Clean Water Act, 
any federally recognized Indian Tribe that meets the requirements set 
forth at 40 CFR 130.6(d).
* * * * *
    State means within the context of Public Water Systems Supervision 
and Underground Water Source Protection grants or of financial 
assistance programs under the Clean Water Act, one of the States of the 
United States, the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, the Trust Territories of the Pacific Islands 
or an eligible Indian Tribe.
* * * * *


Sec. 35.115  [Amended]

    3. Section 35.115 is amended by revising the phrase ``Indian Tribes 
treated as States'' in paragraphs (b), (d), and (f) to read ``eligible 
Indian Tribes'' and paragraph (g) is amended by revising the phrase 
``Indian Tribe treated as a State'' to read ``eligible Indian Tribe''.


Sec. 35.155  [Amended]

    4. In Sec. 35.155 paragraph (c) is amended by revising the phrase 
``Indian Tribes treated as States'' to read ``eligible Indian Tribes''.


Sec. 35.250  [Amended]

    5. Section 35.250 is amended by revising the phrase ``Indian Tribes 
treated as States'' to read ``eligible Indian Tribes.''


Sec. 35.255  [Amended]

    6. Section 35.255(b) is amended by revising the phrase ``Indian 
Tribes treated as States'' to read ``eligible Indian Tribes''.


Sec. 35.260  [Amended]

    7. In Sec. 35.260 paragraph (a) is amended by revising the phrase 
``Indian Tribes treated as States'' to read ``eligible Indian Tribes'' 
and paragraph (b) is amended by revising the phrase ``Indian Tribe 
treated as a State'' to read ``eligible Indian Tribe''.


Secs. 35.265, 35.365 and 35.755  [Amended]

    8. Sections 35.265(a), 35.365(a)(1), 35.755(a), and 35.755(b)(1) 
are amended by revising the phrase ``requirements for treatment as a 
State in accordance with 40 CFR 130.6(d) and 130.15'' to read 
``requirements set forth at 40 CFR 130.6(d)''.


Secs. 35.350 and 35.750  [Amended]

    9. Sections 35.350 introductory text and 35.750 are amended by 
revising the phrase ``Indian Tribes treated as States'' to read 
``eligible Indian Tribes''.


Sec. 35.400  [Amended]

    10. Section 35.400 is amended by revising the phrase ``Indian 
Tribes treated as States for'' to read ``eligible Indian Tribes 
under''.


Sec. 35.1605-9  [Amended]

    11. Section 35.1605-9 is amended by revising the phrase ``treated 
as a State'' in the heading to read ``set forth at 40 CFR 130.6(d)'' 
and by revising the phrase ``set forth for treatment as a State in 
accordance with 40 CFR 130.6(d) and 130.15'' to read ``set forth at 40 
CFR 130.6(d)''.


Sec. 35.1620-1  [Amended]

    12. Section 35.1620-1 (c) is amended by revising the phrase 
``treated as States'' in the paragraph heading to read ``eligible 
Indian Tribe'' and by revising the phrase ``Indian tribe treated as a 
State'' to read ``eligible Indian Tribe''.


Sec. 35.415  [Amended]

    13. Section 35.415(a)(1) is amended by removing the words ``--
Treatment of Indian Tribes as States''.


Sec. 35.450  [Amended]

    14. Section 35.450 is amended by revising the phrase ``Indian 
Tribes treated as States for'' to read ``eligible Indian Tribes 
under''.


Sec. 35.465  [Amended]

    15. Section 35.465(a)(1) is amended by removing the words ``--
Treatment of Indian Tribes as States''.

PART 130--WATER QUALITY PLANNING AND MANAGEMENT

    1. The authority citation for part 130 continues to read as 
follows:

    Authority: 33 U.S.C. 1251 et. seq.


Sec. 130.1  [Amended]

    1. Section 130.1(a) is amended by revising the phrase ``Indian 
Tribe treated as a State'' to read ``eligible Indian Tribe''.


Sec. 130.6  [Amended]

    2. Section 130.6(d) introductory text is amended by revising the 
phrase ``may be treated as a State'' to read ``is eligible''.


Sec. 130.15  [Amended]

    3. Section 130.15 is amended by revising the phrase ``for treatment 
as a State'' in the heading to read ``for Indian tribes''; by removing 
the phrase ``for treatment as a State'' from paragraph (a); by removing 
paragraphs (b), (c), and (d); and by removing the paragraph designation 
``(a)'' from the remaining text.

[FR Doc. 94-6382 Filed 3-22-94; 8:45 am]
BILLING CODE 6560-50-P