Page:United States Statutes at Large Volume 100 Part 1.djvu/701
PUBLIC LAW 99-339—JUNE 19, 1986
100 STAT. 665
section) by the Administrator under section 208 of the Federal Water Pollution Control Act.". 33 USC 1288. (g) TECHNICAL ASSISTANCE FOR SMALL SYSTEMS.—Section 1442(g) of 42 USC 300j-i. the Safe Drinking Water Act, as added by section 107 of this Act, is amended by adding the following at the end thereof: "There are authorized to be appropriated to carry out this subsection $10,000,000 for each of the fiscal years 1987 through 1991. Not less than the greater of^ "(1)3 percent of the amounts appropriated under this subsection, or "(2) $280,000
shall be utilized for technical assistance to public water systems owned or operated by Indian tribes.". (h)
42 USC 300j-4.
1445(a) of the Safe Drinking Water Act, as amended by section 106 of this Act, is further amended by adding the following new paragraph at the end thereof: "(8) There are authorized to be appropriated $30,000,000 in the fiscal year ending September 30, 1987 to remain available until expended to carry out the provisions of this subsection.". SEC. 302. INDIAN TRIBES.
(a) IN GENERAL.—Part E of the Safe Drinking Water Act is amended by adding the following new section after section 1450: "SEC. 1451. INDIAN TRIBES.
42 USC 300J-11.
"(a) IN GENERAL.—Subject to the provisions of subsection (b), the Administrator— "(1) is authorized to treat Indian Tribes as States under this title, "(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 Grants, carry out functions provided by this title. Contracts. "(b) EPA REGULATIONS.— "(1) SPECIFIC PROVISIONS.—The Administrator shall, within 18
months after the enactment of the Safe Drinking Water Act Amendments of 1986, promulgate final regulations specifying those provisions of this title 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 title and of all applicable regulations. "(2) PROVISIONS WHERE TREATMENT AS STATE INAPPROPRIATE.—
For any provision of this title where treatment of Indian Tribes as identical to States is inappropriate, administratively infeasible or otherwise inconsistent with the purposes of this title, the