
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300j-11]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
                       Part E--General Provisions
 
Sec. 300j-11. Indian Tribes


(a) In general

    Subject to the provisions of subsection (b) of this section, 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.

(b) EPA regulations

                       (1) Specific provisions

        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) Provisions where treatment as State inappropriate

        For any provision of this subchapter where treatment of Indian 
    Tribes as identical to States is inappropriate, administratively 
    infeasible or otherwise inconsistent with the purposes of this 
    subchapter, the Administrator may include in the regulations 
    promulgated under this section, other means for administering such 
    provision in a manner that will achieve the purpose of the 
    provision. Nothing in this section shall be construed to allow 
    Indian Tribes to assume or maintain primary enforcement 
    responsibility for public water systems or for underground injection 
    control in a manner less protective of the health of persons than 
    such responsibility may be assumed or maintained by a State. An 
    Indian tribe \1\ shall not be required to exercise criminal 
    enforcement jurisdiction for purposes of complying with the 
    preceding sentence.
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    \1\ So in original. Probably should be capitalized.
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(July 1, 1944, ch. 373, title XIV, Sec. 1451, as added Pub. L. 99-339, 
title III, Sec. 302(a), June 19, 1986, 100 Stat. 665; amended Pub. L. 
104-182, title V, Sec. 501(f)(6), Aug. 6, 1996, 110 Stat. 1692.)


                               Amendments

    1996--Pub. L. 104-182 made technical amendment to section catchline 
and subsec. (a) designation.

                  Section Referred to in Other Sections

    This section is referred to in section 300h-1 of this title.
