42 U.S.C. § 300j–11 — Indian Tribes

(a) In general: Subject to part (b), the Administrator (1) may treat Indian Tribes as if they were states under this subchapter, (2) may give tribes primary enforcement responsibility for public water systems and underground injection control, and (3) may give tribes grants and contracts to carry out this subchapter's functions. (b) EPA regulations: (1) Specific provisions: Within 18 months after June 19, 1986, the Administrator had to issue final rules saying which parts of this subchapter it's appropriate to apply to tribes the same way they apply to states. This treatment is only allowed if (A) the tribe is recognized by the Secretary of the Interior and has a government that carries out real governmental duties, (B) the tasks the tribe would handle are within its own government's authority, and (C) the Administrator judges the tribe capable of carrying out those tasks consistently with this subchapter's purposes and rules. (2) Provisions where treatment as State inappropriate: If treating a tribe exactly like a state doesn't make sense, isn't practical to administer, or conflicts with this subchapter's purpose for some provision, the Administrator can write rules for other ways to administer that provision that still achieve its purpose. But nothing here lets a tribe run a public water system or underground injection program with less health protection than a state could provide. A tribe doesn't have to take on criminal enforcement power just to comply with that rule.