33 U.S.C. § 1377

Indian tribes

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(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.

The Administrator shall reserve each of fiscal years 1987 through 2014, 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.

(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 fundsFunds 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 Oklahoma (as determined by the Secretary of the Interior); and(C) Native villages (as defined in section 1602 of title 43).(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 StatesThe 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) 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) 11 So in original. Probably should be subsection “(e)”. of this section in order to receive such a grant.

(g) Alaska Native organizationsNo 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) DefinitionsFor 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, § 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 NotesReferences in Text

Act of June 18, 1934 (48 Stat. 987), referred to in subsec. (g)(1), is act June 18, 1934, ch. 576, 48 Stat. 984, popularly 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 renumbered 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), designated 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 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 construction of sewage treatment works to serve Indian tribes, as defined in subsection (h) 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.”

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) 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.

Statutory Notes and Related SubsidiariesGrants for Construction of Water Facilities and for Water Quality Protection

Pub. L. 109–54, title II, Aug. 2, 2005, 119 Stat. 530, provided in part: “That, notwithstanding this or any other appropriations Act, heretofore and hereafter, after consultation 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 managers accompanying the Agency’s appropriations Acts for the construction of drinking water, wastewater and stormwater infrastructure and for water quality protection.”

Grants to Indian Tribes

Provisions stating that for fiscal year 2006 and notwithstanding section 1377(f) of this title, the Administrator 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 provisions 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.

Notes of Decisions

Cited in 32 cases (2 in the last 5 years), 1989–2024 · leading case: McGirt v. Oklahoma

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McGirt v. Oklahoma (2020) scotus · cites it 2× “§741 (d) (American Indian Vocational Rehabilitation Services Act; “former In- dian reservations in Oklahoma”); 33 U. S. C. §1377 (c)(3)(B) (waste treatment grants; “former Indian reservations in Oklahoma”); 42 U.”

Murphy v. Royal (2017) ca10 · cites it 2× “§ 741 (c); 33 U.S.C. § 1377 (c); 42 U.S.C. §§ 2992c(2), 5318(n)(2).”

BRENDALE v. CONFEDERATED TRIBES AND BANDS OF THE YAKIMA INDIAN NATION Et Al. (1989) scotus · cites it 2× “V); 33 U. S. C. §§ 1377 (e) and (h)(1) (1982 ed.”

Great Northern Paper, Inc. v. Penobscot Nation (2001) me · cites it 2× “efforts by [the Tribes] to obtain “treatment as a State” status pursuant to Section 518 of the Clean Water Act, 33 U.S.C. § 1377 ; 5. efforts by [the Tribes] to have the U.”

State of Wisconsin v. Environmental Protection Agency and Christie Whitman, and Sokaogon Chippewa Community, Intervening (2001) ca7 · cites it 4× “33 U.S.C. § 1377 (e). In 1991, after full notice-and-comment rule-making, the EPA issued a final rule implementing this provision and setting forth the requirements Indian tribes would have to meet in order to be granted TAS status: (1) the tribe must be federally recognized;…”

Rhode Island v. Narragansett Indian Tribe (1994) ca1 “It has obtained status as the functional equivalent of a state for purposes of the Clean Water Act, after having been deemed by the Environmental Protection Agency as having “a governing body carrying out substantial governmental duties and powers,” 33 U.S.C. § 1377 (e) (1988),…”

Murphy v. Royal (2017) ca10 “§ 741 (c); 33 U.S.C. § 1377 (c); 42 U.S.C. §§ 2992c(2), 5318(n)(2).”

Citizens Exposing Truth About Casinos v. Kempthorne (2007) cadc “§ 3902 (3)(A) (same); 33 U.S.C. § 1377 (h)(1) (same).”

City of Albuquerque v. Browner (1996) ca10 · cites it 5× “Tribal Sovereignty Under the Clean Water Act Albuquerque acknowledges that the 1987 amendment to the Clean Water Act authorizes the EPA to treat tribes as states.”

Arizona Public Service Co. v. Environmental Protection Agency (2000) cadc · cites it 3× “” 33 U.S.C. § 1377 (e)(2) (1994). “Reservation” is defined as “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.”

Oneida Tribe of Indians of Wisconsin v. Village of Hobart (2013) ca7 · cites it 2× “See 33 U.S.C. § 1377 (e)(2); 40 C.F.R. § 122.”

State v. Romero (2006) nm “, Clean Water Act, 33 U.S.C. § 1377 (h)(1) (1987), (“ ‘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…”

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