ENDNOTES 



1. The state water quality certification process is authorized by 

 Section 401 of the Clean Water Act, 33 U.S.C. §1341. 



2. A Tribe is eligible for treatment as a State if it meets the 

 following criteria: 1) it is federally recognized; 2) it carries 

 out substantial government duties and powers over a Federal 

 Indiem Reservation; 3) it has appropriate regulatory authority 

 over surface waters of the reservation; emd 4) it is reasoneOaly 

 expected to be capeUsle of administering the relevauit Cleem Water 

 Act progreun. EPA is. currently developing regxilations to 

 implement Section 518(e) for programs including Section 401 

 certification which will provide further expleuiation of the 

 process tribes must go through to achieve state status. In 

 addition, the term "state" also includes the District of 

 Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 

 Guam, Americaui Samoa, the Commonwealth of the Northern Meuriama 

 Islzmds, emd the Trust Territory of the Pacific Islands. 



3. The National Wetlands Policy Forum, chaired by Governor Kean 

 of New Jersey, represents a very diverse group of perspectives 

 concerned with policy issues to protect emd manage the nation's 

 wetlemd resources. The goal of the Forixm was to develop sound, 

 broadly supported recommendations to improve federal, state, emd 

 local wetlemds policy. The Forum released its recommendations in 

 a report, "Protecting America's Wetlemds: An Action Agenda" which 

 cem be obtained from The Conservation Foundation, 1250 24th 

 Street, NW, Washington, D.C. 20037. 



4. 33 U.S.C. §4.1313 (c)(2)(A). 



5. Section 301(b)(1)(c) of the Clean Water Act. 



6. If the applicemt is a federal agency, however, at least one 

 federal court has ruled that the state's certification decision 

 may be reviewed by the federal courts. 



7. 33 C.F.R. §328.3 (Corps regulations); 40 C.F.R. §232. 2(q) (EPA 

 regulations) . 



8. For instance, except for wetlands designated as having unusual 

 local importance. New York's freshwater wetlemds law regulates 

 only thossr wetlands over 12.4 acres in size. 



9. Alaska Administrative Code, Title 6, Chapter 50. 



