[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1377]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 1377. Indian tribes
(a) Policy
Nothing in this section shall be construed to affect the application
of section 1251(g) of this title, and all of the provisions of this
section shall be carried out in accordance with the provisions of such
section 1251(g) of this title. Indian tribes shall be treated as States
for purposes of such section 1251(g) of this title.
(b) Assessment of sewage treatment needs; report
The Administrator, in cooperation with the Director of the Indian
Health Service, shall assess the need for sewage treatment works to
serve Indian tribes, the degree to which such needs will be met through
funds allotted to States under section 1285 of this title and priority
lists under section 1296 of this title, and any obstacles which prevent
such needs from being met. Not later than one year after February 4,
1987, the Administrator shall submit a report to Congress on the
assessment under this subsection, along with recommendations specifying
(1) how the Administrator intends to provide assistance to Indian tribes
to develop waste treatment management plans and to construct treatment
works under this chapter, and (2) methods by which the participation in
and administration of programs under this chapter by Indian tribes can
be maximized.
(c) Reservation of funds
The Administrator shall reserve each fiscal year beginning after
September 30, 1986, before allotments to the States under section
1285(e) of this title, one-half of one percent of the sums appropriated
under section 1287 of this title. Sums reserved under this subsection
shall be available only for grants for the development of waste
treatment management plans and for the construction of sewage treatment
works to serve Indian tribes, as defined in subsection (h) of this
section and former Indian reservations in Oklahoma (as determined by the
Secretary of the Interior) and Alaska Native Villages as defined in
Public Law 92-203 [43 U.S.C. 1601 et seq.].
(d) Cooperative agreements
In order to ensure the consistent implementation of the requirements
of this chapter, an Indian tribe and the State or States in which the
lands of such tribe are located may enter into a cooperative agreement,
subject to the review and approval of the Administrator, to jointly plan
and administer the requirements of this chapter.
(e) Treatment as States
The Administrator is authorized to treat an Indian tribe as a State
for purposes of subchapter II of this chapter and sections 1254, 1256,
1313, 1315, 1318, 1319, 1324, 1329, 1341, 1342, 1344, and 1346 of this
title to the degree necessary to carry out the objectives of this
section, but only if--
(1) the Indian tribe has a governing body carrying out
substantial governmental duties and powers;
(2) the functions to be exercised by the Indian tribe pertain to
the management and protection of water resources which are held by
an Indian tribe, held by the United States in trust for Indians,
held by a member of an Indian tribe if such property interest is
subject to a trust restriction on alienation, or otherwise within
the borders of an Indian reservation; and
(3) 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
chapter and of all applicable regulations.
Such treatment as a State may include the direct provision of funds
reserved under subsection (c) of this section to the governing bodies of
Indian tribes, and the determination of priorities by Indian tribes,
where not determined by the Administrator in cooperation with the
Director of the Indian Health Service. The Administrator, in cooperation
with the Director of the Indian Health Service, is authorized to make
grants under subchapter II of this chapter in an amount not to exceed
100 percent of the cost of a project. Not later than 18 months after
February 4, 1987, the Administrator shall, in consultation with Indian
tribes, promulgate final regulations which specify how Indian tribes
shall be treated as States for purposes of this chapter. The
Administrator shall, in promulgating such regulations, consult affected
States sharing common water bodies and provide a mechanism for the
resolution of any unreasonable consequences that may arise as a result
of differing water quality standards that may be set by States and
Indian tribes located on common bodies of water. Such mechanism shall
provide for explicit consideration of relevant factors including, but
not limited to, the effects of differing water quality permit
requirements on upstream and downstream dischargers, economic impacts,
and present and historical uses and quality of the waters subject to
such standards. Such mechanism should provide for the avoidance of such
unreasonable consequences in a manner consistent with the objective of
this chapter.
(f) Grants for nonpoint source programs
The Administrator shall make grants to an Indian tribe under section
1329 of this title as though such tribe was a State. Not more than one-
third of one percent of the amount appropriated for any fiscal year
under section 1329 of this title may be used to make grants under this
subsection. In addition to the requirements of section 1329 of this
title, an Indian tribe shall be required to meet the requirements of
paragraphs (1), (2), and (3) of subsection (d) \1\ of this section in
order to receive such a grant.
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\1\ So in original. Probably should be subsection ``(e)''.
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(g) Alaska Native organizations
No provision of this chapter shall be construed to--
(1) grant, enlarge, or diminish, or in any way affect the scope
of the governmental authority, if any, of any Alaska Native
organization, including any federally-recognized tribe, traditional
Alaska Native council, or Native council organized pursuant to the
Act of June 18, 1934 (48 Stat. 987), over lands or persons in
Alaska;
(2) create or validate any assertion by such organization or any
form of governmental authority over lands or persons in Alaska; or
(3) in any way affect any assertion that Indian country, as
defined in section 1151 of title 18, exists or does not exist in
Alaska.
(h) Definitions
For purposes of this section, the term--
(1) ``Federal Indian reservation'' means all land within the
limits of any Indian reservation under the jurisdiction of the
United States Government, notwithstanding the issuance of any
patent, and including rights-of-way running through the reservation;
and
(2) ``Indian tribe'' means any Indian tribe, band, group, or
community recognized by the Secretary of the Interior and exercising
governmental authority over a Federal Indian reservation.
(June 30, 1948, ch. 758, title V, Sec. 518, as added Pub. L. 100-4,
title V, Sec. 506, Feb. 4, 1987, 101 Stat. 76; amended Pub. L. 100-581,
title II, Sec. 207, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 106-284,
Sec. 6, Oct. 10, 2000, 114 Stat. 876.)
References in Text
Public Law 92-203, referred to in subsec. (c), is Pub. L. 92-203,
Dec. 18, 1971, 85 Stat. 688, as amended, known as the Alaska Native
Claims Settlement Act, which is classified generally to chapter 33
(Sec. 1601 et seq.) of Title 43, Public Lands. The term ``Alaska Native
Villages'' is defined in section 3 of Pub. L. 92-203 which is classified
to section 1602 of Title 43. For complete classification of this Act to
the Code, see Short Title note set out under section 1601 of Title 43
and Tables.
Act of June 18, 1934 (48 Stat. 987), referred to in subsec. (g)(1),
is act June 18, 1934, ch. 576, 48 Stat. 984, as amended, popularly known
as the Indian Reorganization Act, which enacted sections 461, 462, 463,
464, 465, 466 to 470, 471, 472, 473, 474, 475, 476 to 478, and 479 of
Title 25, Indians. For complete classification of this Act to the Code,
see Short Title note set out under section 461 of Title 25 and Tables.
Prior Provisions
A prior section 518 of act June 30, 1948, was renumbered section 519
and is set out as a note under section 1251 of this title.
Amendments
2000--Subsec. (e). Pub. L. 106-284 substituted ``1344, and 1346 of
this title'' for ``and 1344 of this title'' in introductory provisions.
1988--Subsec. (c). Pub. L. 100-581 inserted ``, as defined in
subsection (h) of this section and former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior) and Alaska
Native Villages as defined in Public Law 92-203'' before period at end.
Grants to Indian Tribes
Pub. L. 107-73, title III, Nov. 26, 2001, 115 Stat. 685, provided in
part: ``That for fiscal year 2002, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act, as amended [33 U.S.C. 1377(f)],
the Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of that Act [33 U.S.C. 1329] to make
grants to Indian tribes pursuant to section 319(h) and 518(e) of that
Act
