Title 42, The Public Health and WelfareRelease 119-110

§300j–11 Indian Tribes

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XII — SAFETY OF PUBLIC WATER SYSTEMS › Part E — General Provisions › § 300j–11

Last updated Sep 23, 2026|Official source

Summary

The EPA Administrator can treat Indian tribes like States under this part of the law. The Administrator can let tribes take the main role in enforcing rules for public water systems and for underground injection control. The Administrator can also give tribes grants and contracts to help them do those jobs. The Administrator had to write final rules within 18 months after June 19, 1986, to say which parts of the law apply to tribes. To get treated like a State, a tribe must be recognized by the Secretary of the Interior, have a governing body doing real government work, have jurisdiction over the functions, and be judged able to carry them out consistently with the law and rules. If treating a tribe exactly like a State does not fit, EPA can set other ways to run the program that still meet the law’s goals. Tribes may not run water or injection programs in ways that are less protective of people’s health than a State, and they are not required to use criminal authority to meet that protection.

Full Legal Text

Title 42, §300j–11

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general
Subject to the provisions of subsection (b), the Administrator— (1)
(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 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 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 shall not be required to exercise criminal enforcement jurisdiction for purposes of complying with the preceding sentence.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Pub. L. 104–182 made technical amendment to section catchline and subsec. (a) designation.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300j–11

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110