Agency Information Collection Activities: Submission for OMB Review; Comment Request; Tribal Assumption of the Clean Water Act, Section 404 Permit Program

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5430-7]

Agency Information Collection Activities: Submission for OMB

Review; Comment Request; Tribal Assumption of the Clean Water Act,

Section 404 Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501

et seq.), this notice announces that the following Information

Collection Request (ICR) renewal has been forwarded to the Office of

Management and Budget (OMB) for review and approval: Tribal Assumption

of the Clean Water Act, Section 404 Permit Program, OMB Control Number

2040-0140, expiring 02/29/96. The ICR describes the nature of the

information collection and its expected burden and cost; where

appropriate, it includes the actual data collection instrument.

DATES: Comments must be submitted on or before March 28, 1996.

FOR FURTHER INFORMATION OR A COPY CALL: Sandy Farmer at EPA, (202) 260-

2740, and refer to EPA ICR No. 1542.03.

SUPPLEMENTARY INFORMATION:

Title: Tribal Assumption of the Clean Water Act, Section 404 Permit

Program, OMB Control Number 2040-0140, EPA ICR No. 1542.03), expiring

02/29/96. This is a request for extension of a currently approved

collection.

Abstract: Federally recognized Indian Tribes are eligible to

request assumption of the Clean Water Act (CWA) Section 404 permit

program. Tribes must demonstrate that they meet the requirements in

Section 518 of CWA as well as the Section 404 program specific

requirements of 40 CFR part 233.

To assume the Section 404 permit program, Tribes must have a

wetlands permit program similar to the Federal permit program. The

Tribe must submit sufficient information for EPA to determine that the

Tribe's program:

--Has an equivalent scope of jurisdiction as the Federal program,

--Regulates at least the same activities as the Federal program,

--Provides for sufficient public participation,

--Ensures compliance with the Section 404(b)(1) Guidelines, which

provide environmental criteria for permit decisions, and

--Has adequate enforcement authority.

EPA eliminated unnecessary duplication when revised regulations

were published in December 1994. Prior to this regulatory revision,

Tribes first had to qualify for ``treatment as a State.'' Only after

the Tribe completed the ``treatment as a State'' determination, could

the Tribe apply to assume the Section 404 permit program. Under the

revised regulations, this is all done at the same time with only one

submission needed from the Tribe, instead of the previous two separate

submissions.

An agency may not conduct or sponsor, and a person is not required

to respond to, a collection of information unless it displays a

currently valid OMB control number. The OMB control numbers for EPA's

regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. The

Federal Register Notice required under 5 CFR 1320.8(d), soliciting

comments on this collection of information was published on 10/12/95

(60 FR 53184); no comments were received.

Burden Statement: The annual public reporting and recordkeeping

burden for this collection of information is estimated to average 520

hours per response. Burden means the total time, effort, or financial

resources expended by persons to generate, maintain, retain, or

disclose or provide information to or for a Federal agency. This

includes the time needed to review instructions; develop, acquire,

install, and utilize technology and systems for the purposes of

collecting, validating, and verifying information, processing and

maintaining information, and disclosing and providing information;

adjust the existing ways to comply with any previously applicable

instructions and requirements; train personnel to be able to respond to

a collection of information; search data sources; complete and review

the collection of information; and transmit or otherwise disclose the

information.

Responents/Affected Entities: Indian Tribes.

Estimated Number of Respondents: One per year.

Frequency of Response: One time.

Estimated Total Annual Hour Burden: 520 hours.

Send comments on the Agency's need for this information, the

accuracy of the provided burden estimates, and any suggested methods

for minimizing respondent burden, including through the use of

automated collection techniques to the following addresses. Please

refer to EPA ICR No. 1542.03 and OMB Control No. 2040-0140 in any

correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, OPPE Regulatory

Information Division (2136), 401 M Street SW., Washington, DC 20460.

and

Office of Information and Regulatory Affairs, Office of Management and

Budget, Attention: Desk Officer for EPA, 725 17th Street NW.,

Washington, DC 20503.

Dated: February 20, 1996.

Joseph Retzer,

Director, Regulatory Information Division.

[FR Doc. 96-4390 Filed 2-26-96; 8:45 am]

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