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Federal regulations · Through 2026-08-25 · Newer source version available

40 CFR 35.6110: Indian Tribe-lead remedial Cooperative Agreements.

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Where this section sits in the code
  1. Title 40—Protection of Environment
  2. CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY
  3. SUBCHAPTER B—GRANTS AND OTHER FEDERAL ASSISTANCE
  4. PART 35—STATE AND LOCAL ASSISTANCE
  5. Subpart O—Cooperative Agreements and Superfund State Contracts for Superfund Response Actions

(a) Application requirements. The Indian Tribe must comply with all of the requirements described in § 35.6105(a). Indian Tribes are not required to comply with the intergovernmental review requirements included in the “Application for Federal Assistance” (SF-424). Consistent with the NCP (40 CFR 300.510(e)(2)), this subpart does not address whether Indian Tribes are States for the purpose of CERCLA section 104(c)(9).

(b) Cooperative Agreement requirements. (1) The Indian Tribe must comply with all terms and conditions in the Cooperative Agreement.

(2) If it is designated the lead for remedial action, the Indian Tribe must provide the notification required at § 35.6120, substituting the term “Indian Tribe” for the term “State” in that section, and “out-of-an-Indian-Tribal-area-of-Indian-country” for “out-of-State”.

(3) Indian Tribes are not required to share in the cost of CERCLA-funded remedial actions.

Collected 2026-08-27T02:26:04Z. Source file · JSON

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