Indian Tribes: Eligibility of Indian Tribes for Financial Assistance; Final Rule ENVIRONMENTAL PROTECTION AGENCY

SUMMARY: The Clean Water Act contains provisions which authorize EPA to

treat Indian tribes in substantially the same manner in which it treats

states for purposes of various types of financial assistance. This

action contains amendments to the interim final regulations

implementing that authority for financial assistance programs. The

purpose of these regulatory amendments is to make it easier for tribes

to obtain EPA approval to assume the role Congress envisioned for them

under this statute.

EFFECTIVE DATES: The amendments to the interim final rule are effective

March 23, 1994. EPA will accept comments on these amendments until May

23, 1994.

ADDRESSES: Comments must be mailed (in duplicate, if possible) to C.

Marshall Cain, Office of Federal Activities (A-104), Environmental

Protection Agency, 401 M Street, SW., Washington, DC 20460.

The docket for this rule and copies of the public documents

submitted will be available for public inspection and copying at a

reasonable fee at EPA Headquarters Library, Public Information

Reference Unit, room 2904, 401 M Street, telephone (202) 260-5926.

FOR FURTHER INFORMATION CONTACT: C. Marshall Cain, Office of Federal

Activities, U.S. Environmental Protection Agency, 401 M Street, SW.,

Washington DC 20460, telephone (202) 260-8792.

SUPPLEMENTARY INFORMATION: This preamble is organized according to the

following outline:

I. Introduction

II. Regulations Governing Eligibility of Indian Tribes

A. The Existing Process

1. Recognition and a Government

2. Jurisdiction and Capability

3. Comment Process

4. Subsequent Tribal Applications

B. Workgroup Examination of Process

III. Revisions to the Process in Light of Statutory Requirements

A. Simplified Determination as To Recognition and Government

B. Case by Case Review of Jurisdiction and Capability

1. Simplified Jurisdictional Analysis

2. Capability

IV. Summary of Revised Process

V. Executive Order 12866

VI. Regulatory Flexibility Act

VII. Paperwork Reduction Act

I. Introduction: Statutory and Regulatory Background

Under its American Indian Policy, EPA works directly with tribal

governments as ``sovereign entities with primary authority and

responsibility for the reservation populace.'' At the time the Policy

was adopted in 1984, the environmental statutes which EPA administers

generally did not explicitly address the role of tribes in

environmental management, but provided for a joint state and federal

role in environmental management. Subsequently, three EPA regulatory

statutes have been amended to address the tribal role specifically by

authorizing EPA to treat tribes in a manner similar to that in which it

treats states: the Clean Water Act (CWA), the Safe Drinking Water Act

(SDWA), and the Clean Air Act (CAA).1

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\1\In addition, the Comprehensive Environmental Response,

Compensation, and Liability Act (CERCLA or ``Superfund''), which is

primarily a response, rather than a regulatory statute, has also

been amended to authorize EPA to treat tribal governments in

substantially the same way it treats states with respect to selected

provisions of the statute.

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EPA recognizes that tribes are sovereign nations with a unique

legal status and a relationship to the federal government that is

significantly different than that of states. EPA believes that Congress

did not intend to alter this when it authorized treatment of tribes

``as States;'' rather, the purpose of the statutory amendments was to

reflect an intent that, insofar as possible, tribes should assume a

role in implementing the environmental statutes on tribal land

comparable to the role states play on state land.

All three regulatory statutes specify that, in order to receive

such treatment, a tribe must be federally recognized and possess a

governing body carrying out substantial duties and powers. 33 U.S.C.

1377 (e), (h) (CWA); 42 U.S.C. 300j-11 (SDWA); 42 U.S.C. 7601(d) (CAA).

In addition, although there are some variations in language among the

three statutes, each requires that a tribe possess civil regulatory

jurisdiction to carry out the functions it seeks to exercise.2

Finally, all three require that a tribe be reasonably expected to be

capable of carrying out those functions.

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\2\Under the Clean Water Act, the tribe must propose to carry

out functions that ``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.'' 33 U.S.C. 1377(e)(2). Under the Clean Air Act, ``the

functions to be exercised by the Indian tribe [must] pertain to the

management and protection of air resources within the exterior

boundaries of the reservation or other areas within the tribe's

jurisdiction.'' 42 U.S.C. 7601(d)(2)(B). Under the SDWA, the tribe

must propose to exercise functions ``within the area of the Tribal

Government's jurisdiction.'' 42 U.S.C. 300j-11 (b)(1)(B).

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The Agency initially chose to implement provisions of the Clean

Water and Safe Drinking Water Acts regarding Indian tribes by

establishing a formal prequalification process under which tribes can

seek eligibility under these statutes. This prequalification process

has in the past been referred to as approval for ``treatment as a

state'' (``TAS''). Tribes that obtain such approval then become

eligible to apply for certain grants and program approvals available to

states.3

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\3\By contrast, the provision of CERCLA authorizing EPA to

afford a tribal government ``substantially the same treatment as a

State'' does not establish any specific criteria a tribe must meet

to qualify for such treatment. 42 U.S.C. 9626. EPA has established,

by regulation, the criteria of recognition, a government, and

jurisdiction, but has not adopted a formal prequalification process

under CERCLA. See 40 CFR 300.515(b). The Agency is developing

regulations pertaining to the treatment of American Indian tribes

under the Clean Air Act.

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II. Regulations Governing Eligibility of Indian Tribes

A. The Existing Process

The Agency has promulgated five regulations that utilize the

``TAS'' process to date: (1) Safe Drinking Water Act National Drinking

Water Regulations and Underground Injection Control Regulations for

Indian Lands, 53 FR 37395 (September 26, 1988), codified at 40 CFR

parts 35, 124, 141, 142, 143, 144, 145, and 146; (2) Indian Tribes:

Water Quality Planning and Management, 54 FR 14353 (April 11, 1989),

Comprehensive Construction Grant Regulation Revision, 55 FR 27092 (June

29, 1990) (governing grant programs under the CWA), codified at 40 CFR

parts 35 and 130; (3) Amendments to the Water Quality Standards

Regulation that Pertain to Standards on Indian Reservations, 56 FR

64876 (December 12, 1991), codified at 40 CFR part 131; (4) Clean Water

Act, section 404 Tribal Regulations, 58 FR 8171 (February 11, 1993),

codified at 40 CFR parts 232 and 233; and (5) Treatment of Indian

Tribes as States for Purposes of sections 308, 309, 401, 402, and 405

of the Clean Water Act (``NPDES'') Rule, 58 FR 67966 (December 22,

1993), codified at 40 CFR parts 122, 123, 124 and 501.

Under all of these regulations, before a tribe can obtain financial

assistance available to states or obtain approval to operate a program

which states are authorized to operate on state lands, the tribe must

first formally qualify for ``treatment as a state.'' To qualify, a

tribe must submit an application establishing that it is federally

recognized, has a governing body carrying out substantial duties and

powers, and has adequate jurisdiction and capability to carry out the

proposed activities. Once a tribe obtains ``TAS'' approval, it is

eligible to apply for financial assistance and program approval.

1. Recognition and Government

A tribe typically establishes recognition by showing its inclusion

on the list of federally recognized Tribes published by the Secretary

of the Interior in the Federal Register. A tribe establishes that it

meets the governmental duties and powers requirement with a narrative

statement describing the form of the tribal government and the types of

functions it performs, and identifying the sources of the tribe's

governmental authority.

2. Jurisdiction and Capability

To establish jurisdiction under the CWA grant regulations, a tribe

must submit a statement signed by a tribal legal official explaining

the legal basis for the Tribe's regulatory authority over its water

resources. The CWA grant regulations do not require that a tribe submit

any specific materials to establish capability.

The other regulations specify that a tribe must submit various

specific documents to establish jurisdiction, including: a map or legal

description of the area over which the tribe claims jurisdiction; a

statement by a tribal legal official describing the basis, nature, and

subject matter of the tribe's jurisdiction; copies of all documents

supporting the jurisdictional assertions; and a description of the

locations of the systems or sources the tribe proposes to regulate.

Similarly, to establish capability a tribe must submit a narrative

statement describing tribal capability to administer an effective

program, and certain specific, listed materials in support of that

statement.

3. Comment Process

Upon receiving a ``TAS'' application under these regulations, EPA

notifies all ``appropriate governmental entities,''4 as to the

substance of and basis for the jurisdictional assertions in the

application, and invites comment on those assertions. Where comments

raise a competing or conflicting jurisdictional claim, the Agency must

consult with the Department of the Interior before making a final

decision on the tribe's application.

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\4\The Agency defines this to include contiguous states, other

tribes, and federal land agencies responsible for management of

lands contiguous to the reservation. (Amendments to the Water

Quality Standards Regulation that Pertain to Standards on Indian

Reservations; Final Rule. 56 FR 64875, 64884 (December 12, 1991)).

In response to public comments, EPA has considered, but decided

against, providing interested political subdivisions of states,

including local governments and water districts, the opportunity to

comment on tribal jurisdictional assertions. Id.

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In practice, this comment process has sometimes led to delays in

the processing and approval of tribal applications. Indeed, it has

proven to be the single portion of ``TAS'' review most responsible for

delays. The comment process also has created a perception that states

have an oversight role in EPA's treatment of Indian tribes, which some

tribes find objectionable, particularly since tribes have typically not

been asked to offer their views on the scope and extent of state

jurisdiction.

4. Subsequent Tribal Applications

The regulations require a separate ``treatment as a state''

application for each program for which the tribe seeks such treatment.

However, after an initial approval, applications for each additional

program need provide only that additional information unique to the

additional program.

B. Workgroup Examination of Process

The Agency's ``TAS'' prequalification process has proven to be

burdensome, time-consuming and offensive to tribes. Accordingly, in

1992 EPA established a working group to focus on ways of improving and

simplifying that process. The Agency formally adopted the Workgroup's

recommendations as Agency policy by Memorandum dated November 10, 1992.

That Memorandum explicitly recognized that the policies it adopted

would require amendments to existing regulations. The purpose of this

regulation is to amend existing financial assistance regulations under

the Clean Water Act in order to implement the new policy. To the extent

possible, the Agency plans to use the same process in future

regulations regarding determinations of tribal eligibility.

III. Revisions to the Process in Light of Statutory Requirements

No statute compels the use of a formal ``TAS'' or other

prequalification process separate from approval of the underlying

request for a grant or program approval. The only requirements imposed

by statute are that, to be eligible for financial assistance and/or

program authorization, a tribe must be federally recognized, have a

governing body carrying out substantial duties and powers, and have

adequate jurisdiction and capability to carry out the proposed

activities. Thus, EPA may authorize a tribal program or grant without

formally designating the tribe as ``eligible for TAS,'' so long as the

Agency establishes that the tribe meets applicable statutory

requirements. In other words, the Agency can ensure compliance with

statutory mandates without requiring tribes to undergo a discrete,

formal process of seeking ``TAS'' approval.

Accordingly, EPA is amending its regulations to eliminate ``TAS''

review as a separate step in the processing of a tribal application for

a grant. Under the new, simplified process, the Agency will ensure

compliance with statutory requirements as an integral part of the

process of reviewing grant applications. To the extent that this rule

or preamble conflicts with the language of previous rules and

preambles, the language herein shall be controlling. EPA will also, as

far as possible, discontinue use of the term ``treatment as a state;''

however, since this phrase is included in several statutes, its

continued use may sometimes be necessary.

A. Simplified Determination as to Recognition and Government

As a general rule, the recognition and governmental requirements

are essentially the same under the Clean Water and Safe Drinking Water

Acts. The new process will reflect this by establishing identical

requirements for making this showing under each statute. Moreover, the

fact that a tribe has met the recognition or governmental functions

requirement under either of the Water Acts will establish that it meets

those requirements under both statutes. To facilitate review of tribal

applications, EPA therefore requests that tribal applications inform

EPA whether a tribe has been approved for ``TAS'' (under the old

process) or deemed eligible to receive funding or authorization (under

the revised process) for any other program.

A tribe that has not done so may establish that it has been

federally recognized by simply stating in its grant or program

authorization application that it appears on the list of federally

recognized tribes that the Secretary of the Interior publishes

periodically in the Federal Register. If the tribe notifies EPA that it

has been recognized but does not appear on this list because the list

has not been updated, EPA will seek to verify the fact of recognition

with the Department of the Interior.

A tribe that has not yet made its initial governmental showing can

do so by certifying that it has a government carrying out substantial

governmental functions. A tribe will be able to make the required

certification if it is currently performing governmental functions to

promote the public health, safety, and welfare of its population.

Examples of such functions include, but are not limited to, levying

taxes, acquiring land by exercise of the power of eminent domain, and

exercising police power. Such examples should be included in a

narrative statement supporting the certification, (1) Describing the

form of tribal government and the types of essential governmental

functions currently performed, and (2) identifying the legal

authorities for performing those functions (e.g., tribal constitutions

or codes). It should be relatively easy for tribes to meet this

requirement without submitting copies of specific documents unless

requested to do so by the Agency.

B. Case by Case Review of Jurisdiction and Capability

A tribe may have jurisdiction over, and capability to carry out,

certain activities (e.g., protection of the quality of a particular

lake for the Clean Lakes program under the Clean Water Act), but not

others (e.g., waste management on a portion of the reservation far

removed from any lakes). For this reason, EPA believes that the Agency

must make a specific determination that a tribe has adequate

jurisdictional authority and administrative and programmatic capability

before it approves each tribal program. This will ensure that tribes

meet the statutory requirements Congress has established as

prerequisites to tribal eligibility for each particular program.

1. Simplified Jurisdictional Analysis

The portion of the jurisdictional determination under which

governments comment on tribal jurisdiction will be substantially

altered under this Rule. These changes are outlined below.

Comments will no longer be sought from ``appropriate governmental

entities'' with regard to tribal grant applications. The Agency now has

extensive experience awarding grants to tribes and is capable of

evaluating tribal grant applications to ensure that a tribe has

adequate jurisdiction to receive grants.

A separate ``TAS'' jurisdictional review is not needed to verify

that a tribe meets the statutory jurisdictional requirement. This

change will have the effect only of eliminating duplicative

requirements.

Finally, the Agency notes that certain issues concerning tribal

jurisdiction may be relevant to a tribe's authority to conduct

activities. For example, if a tribe and a state or another tribe

disagree as to the boundary of a particular tribe's reservation, each

time the tribe seeks to assert authority over the disputed area, the

dispute will recur. The Agency recognizes that its determinations

regarding tribal jurisdiction apply only to activities to be carried

out within the scope of the grant. However, it also believes that, once

it makes a jurisdictional determination in response to a tribal

application regarding any EPA program, it will ordinarily make the same

determination for other programs unless a subsequent application raises

different legal issues. Thus, for example, once the Agency has arrived

at a position concerning a boundary dispute, it will not alter that

position in the absence of significant new factual or legal

information.

Under the new approval process, as under the old, the Agency will

continue to retain authority to limit its approval of a tribal

application to those land areas where the tribe has demonstrated

jurisdiction. This would allow EPA to approve the portion of a tribal

application covering certain areas, while withholding approval of the

portion of an application addressing those land areas where tribal

authority has not been satisfactorily established. See, e.g., 53 FR

37395, 37402 (September 26, 1988) (SDWA); 54 FR 14353, 14355 (April 11,

1989) (Clean Water Act Grants); 54 FR 39097, 39102 (September 12, 1989)

(Clean Water Act Water Quality Standards); 58 FR 8171, 8176 (February

11, 1993) (Clean Water Act section 404); 58 FR 67966, 67972 (Clean

Water Act NPDES) (December 22, 1993).

2. Capability

EPA must continue to make a separate determination of tribal

capability for each program for which it approves a tribe. However, the

Safe Drinking Water Act, Water Quality Standards, and section 404

regulations would be amended to conform to the CWA grant regulations,

which do not specifically prescribe the material a tribe must submit to

establish capability. Ordinarily, the inquiry EPA will make into the

capability of any applicant, tribal or state, for a grant or program

approval would be sufficient to enable the Agency to determine whether

a tribe meets the statutory capability requirement. See, e.g., 40 CFR

part 31 (grant regulations applicable to states and tribes); 40 CFR

142.3 (Public Water System primary enforcement responsibility

requirements at parts 141, 142 apply to tribes); 145.1(h) (Underground

Injection Control requirements of parts 124, 144, 145, and 146 that

apply to states generally apply to tribes).

Nevertheless, EPA may request that the tribe provide a narrative

statement or other documents showing that the tribe is capable of

administering the program for which it is seeking approval. In

evaluating tribal capability, EPA will consider: (1) The tribe's

previous management experience; (2) existing environmental or public

health programs administered by the tribe; (3) the mechanisms in place

for carrying out the executive, legislative and judicial functions of

the tribal government; (4) the relationship between regulated entities

and the administrative agency of the tribal government which will be

the regulator; and (5) the technical and administrative capabilities of

the staff to administer and manage the program.

EPA recognizes that certain tribes may not have substantial

experience administering environmental programs; a lack of such

experience will not preclude a tribe from demonstrating capability, so

long as it shows that it has the necessary management and technical and

related skills or submits a plan describing how it will acquire those

skills.

IV. Summary of Revised Process

Under the new process, tribes will continue to seek grants under

the authority of statutes authorizing EPA to treat eligible tribes in a

manner similar to that in which it treats states. For instance, tribes

seeking approval of an NPDES or Wetlands permits program will comply

with the applicable provisions of 40 CFR parts 123 or 233. However,

tribes will now generally be required to submit only a single

application to demonstrate eligibility for the grant, without the need

for a separate application for ``TAS.'' EPA will verify that the tribe

meets all statutory prerequisites for eligibility in the process of

reviewing the single tribal application.

EPA believes that the changes outlined in this notice will simplify

and streamline the process of assessing tribal eligibility while still

ensuring full compliance with all applicable statutes. The Agency

expects that the new process will reduce the burdens and barriers to

tribes of participating in environmental management.

V. Executive Order 12866

OMB has reviewed this action under the terms of Executive Order

12886.

VI. Regulatory Flexibility Act

EPA did not develop a Regulatory Flexibility Analysis for the

amendments in this rule. This is because they are exempt from notice

and comment rulemaking under section 553(a)(2) of the Administrative

Procedure Act (5 U.S.C. 553(a)(2)) and therefore are not subject to the

analytical requirements of sections 603 and 604 of the Regulatory

Flexibility Act (RFA) (5 U.S.C. 603 and 604).

VII. Paperwork Reduction Act

The proposed regulations contain no new or additional information

collection activities and, therefore, no information collection request

will be submitted to the Office of Management and Budget for review in

compliance with the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects

40 CFR Part 35

Environmental protection, Air pollution control, Coastal zone,

Grant programs-environmental protection, Grant programs-Indians,

Hazardous waste, Indians, Intergovernmental relations, Pesticides and

pests, Reporting and recordkeeping requirements, Superfund, Waste

treatment and disposal, Water pollution control, Water supply.

40 CFR Part 130

Environmental protection, Grant programs-environmental protection,

Indians-lands, Intergovernmental relations, Reporting and recordkeeping

requirements, Water pollution control, Water supply.

Dated: March 10, 1994.

Carol M. Browner,

Administrator.

For the reasons set forth in the preamble, title 40, chapter I of

the Code of Federal Regulations is amended as follows:

PART 35--STATE AND LOCAL ASSISTANCE

Subpart A--Financial Assistance for Continuing Environmental

Programs

1. The authority citation for subpart A of part 35 continues to

read as follows:

Authority: Secs. 105 and 301(a) of the Clean Air Act, as amended

(42 U.S.C. 7405 and 7601(a); Secs. 106, 205(g), 205(j), 208, 319,

501(a), and 518 of the Clean Water Act, as amended (33 U.S.C. 1256,

1285(g), 1285(j), 1288, 1361(a) and 1377); secs. 1443, 1450, and

1451 of the Safe Drinking Water Act (42 U.S.C. 300j-2, 300j-9 and

300j-11); secs. 2002(a) and 3011 of the Solid Waste Disposal Act, as

amended by the Resource Conservation, and Recovery Act of 1976 (42

U.S.C. 6912(a), 6931, 6947, and 6949); and secs. 4, 23, and 25(a) of

the Federal Insecticide, Fungicide and Rodenticide Act, as amended

(7 U.S.C. 136(b), 136(u) and 136w(a).

2. Section 35.105 is amended by adding a definition of Eligible

Indian Tribe in alphabetical order and by revising the definition of

``State'' to read as follows:

Sec. 35.105 Definitions.

* * * *

Eligible Indian Tribe means for purposes of the Clean Water Act,

any federally recognized Indian Tribe that meets the requirements set

forth at 40 CFR 130.6(d).

* * * * *

State means within the context of Public Water Systems Supervision

and Underground Water Source Protection grants or of financial

assistance programs under the Clean Water Act, one of the States of the

United States, the District of Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the

Northern Mariana Islands, the Trust Territories of the Pacific Islands

or an eligible Indian Tribe.

* * * * *

Sec. 35.115 [Amended]

3. Section 35.115 is amended by revising the phrase ``Indian Tribes

treated as States'' in paragraphs (b), (d), and (f) to read ``eligible

Indian Tribes'' and paragraph (g) is amended by revising the phrase

``Indian Tribe treated as a State'' to read ``eligible Indian Tribe''.

Sec. 35.155 [Amended]

4. In Sec. 35.155 paragraph (c) is amended by revising the phrase

``Indian Tribes treated as States'' to read ``eligible Indian Tribes''.

Sec. 35.250 [Amended]

5. Section 35.250 is amended by revising the phrase ``Indian Tribes

treated as States'' to read ``eligible Indian Tribes.''

Sec. 35.255 [Amended]

6. Section 35.255(b) is amended by revising the phrase ``Indian

Tribes treated as States'' to read ``eligible Indian Tribes''.

Sec. 35.260 [Amended]

7. In Sec. 35.260 paragraph (a) is amended by revising the phrase

``Indian Tribes treated as States'' to read ``eligible Indian Tribes''

and paragraph (b) is amended by revising the phrase ``Indian Tribe

treated as a State'' to read ``eligible Indian Tribe''.

Secs. 35.265, 35.365 and 35.755 [Amended]

8. Sections 35.265(a), 35.365(a)(1), 35.755(a), and 35.755(b)(1)

are amended by revising the phrase ``requirements for treatment as a

State in accordance with 40 CFR 130.6(d) and 130.15'' to read

``requirements set forth at 40 CFR 130.6(d)''.

Secs. 35.350 and 35.750 [Amended]

9. Sections 35.350 introductory text and 35.750 are amended by

revising the phrase ``Indian Tribes treated as States'' to read

``eligible Indian Tribes''.

Sec. 35.400 [Amended]

10. Section 35.400 is amended by revising the phrase ``Indian

Tribes treated as States for'' to read ``eligible Indian Tribes

under''.

Sec. 35.1605-9 [Amended]

11. Section 35.1605-9 is amended by revising the phrase ``treated

as a State'' in the heading to read ``set forth at 40 CFR 130.6(d)''

and by revising the phrase ``set forth for treatment as a State in

accordance with 40 CFR 130.6(d) and 130.15'' to read ``set forth at 40

CFR 130.6(d)''.

Sec. 35.1620-1 [Amended]

12. Section 35.1620-1 (c) is amended by revising the phrase

``treated as States'' in the paragraph heading to read ``eligible

Indian Tribe'' and by revising the phrase ``Indian tribe treated as a

State'' to read ``eligible Indian Tribe''.

Sec. 35.415 [Amended]

13. Section 35.415(a)(1) is amended by removing the words ``--

Treatment of Indian Tribes as States''.

Sec. 35.450 [Amended]

14. Section 35.450 is amended by revising the phrase ``Indian

Tribes treated as States for'' to read ``eligible Indian Tribes

under''.

Sec. 35.465 [Amended]

15. Section 35.465(a)(1) is amended by removing the words ``--

Treatment of Indian Tribes as States''.

PART 130--WATER QUALITY PLANNING AND MANAGEMENT

1. The authority citation for part 130 continues to read as

follows:

Authority: 33 U.S.C. 1251 et. seq.

Sec. 130.1 [Amended]

1. Section 130.1(a) is amended by revising the phrase ``Indian

Tribe treated as a State'' to read ``eligible Indian Tribe''.

Sec. 130.6 [Amended]

2. Section 130.6(d) introductory text is amended by revising the

phrase ``may be treated as a State'' to read ``is eligible''.

Sec. 130.15 [Amended]

3. Section 130.15 is amended by revising the phrase ``for treatment

as a State'' in the heading to read ``for Indian tribes''; by removing

the phrase ``for treatment as a State'' from paragraph (a); by removing

paragraphs (b), (c), and (d); and by removing the paragraph designation

``(a)'' from the remaining text.

[FR Doc. 94-6382 Filed 3-22-94; 8:45 am]

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