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LegalText 42 U.S.C. § 300j11 Indian Tribes us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 300j11 42 U.S.C. § 300j11 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s300j11 data/legal/raw/us/code/title-42/usc42.xml 8efbf3d68e33768f43fcd80ad82daf4e8bbd533d8d5d91501175e32a560d8ecf 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 938ff637fd50bd322a7d809c11eba4325e96d78ffbac3e6b3b07ad2e77cf6314 2026-07-04 official
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42 U.S.C. § 300j11 - Indian Tribes

Text

(a) In general 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.

(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 Governments jurisdiction; and

(C) the Indian Tribe is reasonably expected to be capable, in the Administrators 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 11 So in original. Probably should be capitalized. shall not be required to exercise criminal enforcement jurisdiction for purposes of complying with the preceding sentence.

(July 1, 1944, ch. 373, title XIV, § 1451, as added Pub. L. 99339, title III, § 302(a), June 19, 1986, 100 Stat. 665; amended Pub. L. 104182, title V, § 501(f)(6), Aug. 6, 1996, 110 Stat. 1692.)

Notes

Editorial Notes

Amendments1996—Pub. L. 104182 made technical amendment to section catchline and subsec. (a) designation.