[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Notices]
[Pages 7258-7259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4390]



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[[Page 7259]]


ENVIRONMENTAL PROTECTION AGENCY

[FRL-5430-7]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Tribal Assumption of the Clean Water Act, 
Section 404 Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that the following Information 
Collection Request (ICR) renewal has been forwarded to the Office of 
Management and Budget (OMB) for review and approval: Tribal Assumption 
of the Clean Water Act, Section 404 Permit Program, OMB Control Number 
2040-0140, expiring 02/29/96. The ICR describes the nature of the 
information collection and its expected burden and cost; where 
appropriate, it includes the actual data collection instrument.

DATES: Comments must be submitted on or before March 28, 1996.

FOR FURTHER INFORMATION OR A COPY CALL: Sandy Farmer at EPA, (202) 260-
2740, and refer to EPA ICR No. 1542.03.

SUPPLEMENTARY INFORMATION:
    Title: Tribal Assumption of the Clean Water Act, Section 404 Permit 
Program, OMB Control Number 2040-0140, EPA ICR No. 1542.03), expiring 
02/29/96. This is a request for extension of a currently approved 
collection.
    Abstract: Federally recognized Indian Tribes are eligible to 
request assumption of the Clean Water Act (CWA) Section 404 permit 
program. Tribes must demonstrate that they meet the requirements in 
Section 518 of CWA as well as the Section 404 program specific 
requirements of 40 CFR part 233.
    To assume the Section 404 permit program, Tribes must have a 
wetlands permit program similar to the Federal permit program. The 
Tribe must submit sufficient information for EPA to determine that the 
Tribe's program:

--Has an equivalent scope of jurisdiction as the Federal program,
--Regulates at least the same activities as the Federal program,
--Provides for sufficient public participation,
--Ensures compliance with the Section 404(b)(1) Guidelines, which 
provide environmental criteria for permit decisions, and
--Has adequate enforcement authority.

    EPA eliminated unnecessary duplication when revised regulations 
were published in December 1994. Prior to this regulatory revision, 
Tribes first had to qualify for ``treatment as a State.'' Only after 
the Tribe completed the ``treatment as a State'' determination, could 
the Tribe apply to assume the Section 404 permit program. Under the 
revised regulations, this is all done at the same time with only one 
submission needed from the Tribe, instead of the previous two separate 
submissions.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. The 
Federal Register Notice required under 5 CFR 1320.8(d), soliciting 
comments on this collection of information was published on 10/12/95 
(60 FR 53184); no comments were received.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 520 
hours per response. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    Responents/Affected Entities: Indian Tribes.
    Estimated Number of Respondents: One per year.
    Frequency of Response: One time.
    Estimated Total Annual Hour Burden: 520 hours.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the following addresses. Please 
refer to EPA ICR No. 1542.03 and OMB Control No. 2040-0140 in any 
correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, OPPE Regulatory 
Information Division (2136), 401 M Street SW., Washington, DC 20460.
      and
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Officer for EPA, 725 17th Street NW., 
Washington, DC 20503.

    Dated: February 20, 1996.
Joseph Retzer,
Director, Regulatory Information Division.
[FR Doc. 96-4390 Filed 2-26-96; 8:45 am]
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