PROVISIONS RELATED TO INDIAN TRIBES.

SEC. 107. PROVISIONS RELATED TO INDIAN TRIBES. (a) Definition of Air Pollution Control Agency.— Section 302(b) of the Clean Air Act (42 U.S.C. 7602(b)) is amended by— (1) deleting “or” at the end of paragraph (3); (2) striking the semicolons at the end of paragraphs (1), (2), and (3) and inserting periods at the end of each such paragraph; and (3) adding the following new paragraph after paragraph (4): “(5) An agency of an Indian tribe.”. (b) Definition of Indian Tribe.— Section 302 of the Clean Air Act (42 U.S.C. 7602) is amended by adding new subsection (r) to read as follows: “(r) Indian Tribe.— The term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is Federally recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.”. (c) sips.— Section 110 of the Clean Air Act (42 U.S.C. 7410) is amended by adding the following new subsection after subsection (n): “(o) Indian Tribes.— If an Indian tribe submits an implementation plan to the Administrator pursuant to section 301(d), the plan shall be reviewed in accordance with the provisions for review set forth in this section for State plans, except as otherwise provided by regulation promulgated pursuant to section 301(d)(2). When such plan becomes effective in accordance with the regulations promulgated under section 301(d), the plan shall become applicable to all areas (except as expressly provided otherwise in the plan) located within the exterior boundaries of the reservation, notwithstanding the issuance of any patent and including rights-of-way running through the reservation.”. (d) Tribal Authority.— Section 301 of the Clean Air Act (42 U.S.C. 7601) is amended by adding at the end thereof the following new subsection: “(d) Tribal Authority.— (1) Subject to the provisions of paragraph (2), the Administrator— “(A) is authorized to treat Indian tribes as States under this Act, except for purposes of the requirement that makes available for application by each State no less than one-half of 1 percent of annual appropriations under section 105; and “(B) may provide any such Indian tribe grant and contract assistance to carry out functions provided by this Act. “(2) The Administrator shall promulgate regulations within 18 months after the date of the enactment of the Clean Air Act Amendments of 1990, specifying those provisions of this Act for which it is appropriate to treat Indian tribes as States. Such treatment shall be authorized only if— “(A) the Indian tribe has a governing body carrying out substantial governmental duties and powers; “(B) the functions to be exercised by the Indian tribe pertain to the management and protection of air resources within the 104 STAT. 2465exterior boundaries of the reservation or other areas within the tribe’s jurisdiction; and “(C) the Indian tribe is reasonably expected to be capable, in the judgment of the Administrator, of carrying out the functions to be exercised in a manner consistent with the terms and purposes of this Act and all applicable regulations. “(3) The Administrator may promulgate regulations which establish the elements of tribal implementation plans and procedures for approval or disapproval of tribal implementation plans and portions thereof. “(4) In any case in which the Administrator determines that the treatment of Indian tribes as identical to States is inappropriate or administratively infeasible, the Administrator may provide, by regulation, other means by which the Administrator will directly administer such provisions so as to achieve the appropriate purpose. “(5) Until such time as the Administrator promulgates regulations pursuant to this subsection, the Administrator may continue to provide financial assistance to eligible Indian tribes under section 105.”.