33 U.S.C. § 1377 — Indian tribes

Page 595 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1377 1 See References in Text note below. Environmental Assessment and Coastal Health Act of 2000. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 1251 of this title and Tables. The Federal Water Pollution Control Act, referred to in subsec. (b), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables. CODIFICATION Section was enacted as part of the Beaches Environ- mental Assessment and Coastal Health Act of 2000, and not as part of the Federal Water Pollution Control Act which comprises this chapter. § 1376. Authorization of appropriations There are authorized to be appropriated to carry out this chapter, other than sections 1254, 1255, 1256(a), 1257, 1258, 1262, 1263, 1264,1 1265, 1286, 1287, 1288(f) and (h), 1289, 1314, 1321(c), (d), (i), (l), and (k),1 1324, 1325, and 1327 of this title, $250,000,000 for the fiscal year ending June 30, 1973, $300,000,000 for the fiscal year ending June 30, 1974, $350,000,000 for the fiscal year ending June 30, 1975, $100,000,000 for the fiscal year end- ing September 30, 1977, $150,000,000 for the fiscal year ending September 30, 1978, $150,000,000 for the fiscal year ending September 30, 1979, $150,000,000 for the fiscal year ending September 30, 1980, $150,000,000 for the fiscal year ending September 30, 1981, $161,000,000 for the fiscal year ending September 30, 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $135,000,000 per fiscal year for each of the fiscal years 1986 through 1990. (June 30, 1948, ch. 758, title V, § 517, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 896; amended Pub. L. 95–217, § 4(g), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 96–483, § 1(g), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, § 101(h), Feb. 4, 1987, 101 Stat. 9.) Editorial Notes REFERENCES IN TEXT Section 1264 of this title, referred to in text, was omitted from the Code. Section 1321(k) of this title, referred to in text, was repealed by Pub. L. 101–380, title II, § 2002(b)(2), Aug. 18, 1990, 104 Stat. 507. AMENDMENTS 1987—Pub. L. 100–4 struck out ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘, such sums as may be necessary for fiscal years 1983 through 1985, and $135,000,000 per fiscal year for each of the fiscal years 1986 through 1990’’ after ‘‘1982’’. 1980—Pub. L. 96–483 inserted authorization of $150,000,000 for fiscal year ending Sept. 30, 1981 and $161,000,000 for fiscal year ending Sept. 30, 1982. 1977—Pub. L. 95–217 substituted ‘‘$350,000,000 for the fiscal year ending June 30, 1975, $100,000,000 for the fis- cal year ending September 30, 1977, $150,000,000 for the fiscal year ending September 30, 1978, $150,000,000 for the fiscal year ending September 30, 1979, and $150,000,000 for the fiscal year ending September 30, 1980’’ for ‘‘and $350,000,000 for the fiscal year ending June 30, 1975’’. Statutory Notes and Related Subsidiaries AUTHORIZATION APPROVAL FOR FUNDS APPROPRIATED BEFORE DECEMBER 27, 1977, FOR EXPENDITURES THROUGH FISCAL YEAR ENDING SEPTEMBER 30, 1977 Pub. L. 95–217, § 3, Dec. 27, 1977, 91 Stat. 1566, provided that funds appropriated before Dec. 27, 1977 for expendi- ture during the fiscal year ending June 30, 1976, the transition quarter ending September 30, 1976, and the fiscal year ending September 30, 1977, under authority of this chapter were authorized for those purposes for which appropriated. § 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 pro- visions of such section 1251(g) of this title. In- dian tribes shall be treated as States for pur- poses of such section 1251(g) of this title. (b) Assessment of sewage treatment needs; re- port The Administrator, in cooperation with the Director of the Indian Health Service, shall as- sess 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 pri- ority lists under section 1296 of this title, and any obstacles which prevent such needs from being met. Not later than one year after Feb- ruary 4, 1987, the Administrator shall submit a report to Congress on the assessment under this subsection, along with recommendations speci- fying (1) how the Administrator intends to pro- vide 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 ad- ministration of programs under this chapter by Indian tribes can be maximized. (c) Reservation of funds (1) Fiscal years 1987–2014 The Administrator shall reserve each of fis- cal years 1987 through 2014, before allotments to the States under section 1285(e) of this title, one-half of one percent of the sums appro- priated under section 1287 of this title. (2) Fiscal year 2015 and thereafter For fiscal year 2015 and each fiscal year thereafter, the Administrator shall reserve, before allotments to the States under section 1384(a) of this title, not less than 0.5 percent and not more than 2.0 percent of the funds made available to carry out subchapter VI. (3) Use of funds Funds reserved under this subsection shall be available only for grants for projects and activities eligible for assistance under section 1383(c) of this title to serve— (A) Indian tribes (as defined in subsection (h)); (B) former Indian reservations in Okla- homa (as determined by the Secretary of the Interior); and (C) Native villages (as defined in section 1602 of title 43). Page 596 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1377 1 So in original. Probably should be subsection ‘‘(e)’’. (d) Cooperative agreements In order to ensure the consistent implementa- tion of the requirements of this chapter, an In- dian 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 sub- chapter 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 car- rying out substantial governmental duties and powers; (2) the functions to be exercised by the In- dian tribe pertain to the management and pro- tection 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 In- dian tribe if such property interest is subject to a trust restriction on alienation, or other- wise within the borders of an Indian reserva- tion; 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 di- rect provision of funds reserved under sub- section (c) to the governing bodies of Indian tribes, and the determination of priorities by In- dian tribes, where not determined by the Admin- istrator in cooperation with the Director of the Indian Health Service. The Administrator, in co- operation with the Director of the Indian Health Service, is authorized to make grants under sub- chapter 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 speci- fy 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 lo- cated on common bodies of water. Such mecha- nism shall provide for explicit consideration of relevant factors including, but not limited to, the effects of differing water quality permit re- quirements on upstream and downstream dis- chargers, economic impacts, and present and historical uses and quality of the waters subject to such standards. Such mechanism should pro- vide for the avoidance of such unreasonable con- sequences in a manner consistent with the ob- jective of this chapter. (f) Grants for nonpoint source programs The Administrator shall make grants to an In- dian 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 appro- priated 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. (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 author- ity, if any, of any Alaska Native organization, including any federally-recognized tribe, tradi- tional Alaska Native council, or Native coun- cil 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 au- thority over lands or persons in Alaska; or (3) in any way affect any assertion that In- dian 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 reserva- tion 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 gov- ernmental authority over a Federal Indian reservation. (June 30, 1948, ch. 758, title V, § 518, as added Pub. L. 100–4, title V, § 506, Feb. 4, 1987, 101 Stat. 76; amended Pub. L. 100–581, title II, § 207, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 106–284, § 6, Oct. 10, 2000, 114 Stat. 876; Pub. L. 113–121, title V, § 5013, June 10, 2014, 128 Stat. 1328.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934 (48 Stat. 987), referred to in sub- sec. (g)(1), is act June 18, 1934, ch. 576, 48 Stat. 984, popu- larly known as the Indian Reorganization Act, which is classified generally to chapter 45 (§ 5101 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of Title 25 and Tables. PRIOR PROVISIONS A prior section 518 of act June 30, 1948, was renum- bered section 519 and is set out as a note under section 1251 of this title. AMENDMENTS 2014—Subsec. (c). Pub. L. 113–121, § 5013(1), (3), des- ignated existing provisions as par. (1), inserted heading, and added pars. (2) and (3). Subsec. (c)(1). Pub. L. 113–121, § 5013(2), substituted ‘‘each of fiscal years 1987 through 2014,’’ for ‘‘each fiscal year beginning after September 30, 1986,’’ and struck Page 597 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1381 out at end ‘‘Sums reserved under this subsection shall be available only for grants for the development of waste treatment management plans and for the con- struction of sewage treatment works to serve Indian tribes, as defined in subsection (h) and former Indian reservations in Oklahoma (as determined by the Sec- retary of the Interior) and Alaska Native Villages as defined in Public Law 92–203.’’ 2000—Subsec. (e). Pub. L. 106–284 substituted ‘‘1344, and 1346 of this title’’ for ‘‘and 1344 of this title’’ in in- troductory provisions. 1988—Subsec. (c). Pub. L. 100–581 inserted ‘‘, as de- fined in subsection (h) and former Indian reservations in Oklahoma (as determined by the Secretary of the In- terior) and Alaska Native Villages as defined in Public Law 92–203’’ before period at end. Statutory Notes and Related Subsidiaries GRANTS FOR CONSTRUCTION OF WATER FACILITIES AND FOR WATER QUALITY PROTECTION Pub. L. 109–54, title II, Aug. 2, 2005, 119 Stat. 530, pro- vided in part: ‘‘That, notwithstanding this or any other appropriations Act, heretofore and hereafter, after con- sultation with the House and Senate Committees on Appropriations and for the purpose of making technical corrections, the Administrator is authorized to award grants under this heading [State and Tribal Assistance Grants] to entities and for purposes other than those listed in the joint explanatory statements of the man- agers accompanying the Agency’s appropriations Acts for the construction of drinking water, wastewater and stormwater infrastructure and for water quality pro- tection.’’ GRANTS TO INDIAN TRIBES Provisions stating that for fiscal year 2006 and not- withstanding section 1377(f) of this title, the Adminis- trator was authorized to use the amounts appropriated for any fiscal year under section 1329 of this title to make grants to Indian tribes pursuant to sections 1329(h) and 1377(e) of this title, were contained in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, Pub. L. 109–54, title II, Aug. 2, 2005, 119 Stat. 530, and were repeated in provi- sions of subsequent appropriations acts which are not set out in the Code. Similar provisions were contained in the following prior appropriations acts: Pub. L. 108–447, div. I, title III, Dec. 8, 2004, 118 Stat. 3330. Pub. L. 108–199, div. G, title III, Jan. 23, 2004, 118 Stat. 406. Pub. L. 108–7, div. K, title III, Feb. 20, 2003, 117 Stat. 512. Pub. L. 107–73, title III, Nov. 26, 2001, 115 Stat. 685. Pub. L. 106–377, § 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A–43. Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1083. § 1377a. Green infrastructure promotion (a) In general The Administrator shall promote the use of green infrastructure in, and coordinate the inte- gration of green infrastructure into, permitting and enforcement under this chapter, planning efforts, research, technical assistance, and fund- ing guidance of the Environmental Protection Agency. (b) Coordination of efforts The Administrator shall ensure that the Office of Water coordinates efforts to increase the use of green infrastructure with— (1) other Federal departments and agencies; (2) State, tribal, and local governments; and (3) the private sector. (c) Regional green infrastructure promotion The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, and con- sistent with the requirements of this chapter, to promote and integrate the use of green infra- structure within the region, including through— (1) outreach and training regarding green in- frastructure implementation for State, tribal, and local governments, tribal communities, and the private sector; and (2) the incorporation of green infrastructure into permitting and other regulatory pro- grams, codes, and ordinance development, in- cluding the requirements under consent de- crees and settlement agreements in enforce- ment actions. (d) Green infrastructure information-sharing The Administrator shall promote green infra- structure information-sharing, including through an internet website, to share informa- tion with, and provide technical assistance to, State, tribal, and local governments, tribal com- munities, the private sector, and the public, re- garding green infrastructure approaches for— (1) reducing water pollution; (2) protecting water resources; (3) complying with regulatory requirements; and (4) achieving other environmental, public health, and community goals. (June 30, 1948, ch. 758, title V, § 519, as added Pub. L. 115–436, § 5(b)(2), Jan. 14, 2019, 132 Stat. 5561.) Editorial Notes PRIOR PROVISIONS A prior section 519 of act June 30, 1948, was renum- bered section 520 and is set out as a note under section 1251 of this title. SUBCHAPTER VI—STATE WATER POLLUTION CONTROL REVOLVING FUNDS § 1381. Grants to States for establishment of re- volving funds (a) General authority Subject to the provisions of this subchapter, the Administrator shall make capitalization grants to each State for the purpose of estab- lishing a water pollution control revolving fund to accomplish the objectives, goals, and policies of this chapter by providing assistance for projects and activities identified in section 1383(c) of this title. (b) Schedule of grant payments The Administrator and each State shall joint- ly establish a schedule of payments under which the Administrator will pay to the State the amount of each grant to be made to the State under this subchapter. Such schedule shall be based on the State’s intended use plan under section 1386(c) of this title, except that— (1) such payments shall be made in quarterly installments, and (2) such payments shall be made as expedi- tiously as possible, but in no event later than the earlier of— (A) 8 quarters after the date such funds were obligated by the State, or