Treatment in a Similar Manner as a State (TAS) for Clean Water Act Section 401
Under the Clean Water Act Section 401 Water Quality Certification Improvement Rule (2023 Rule), Tribes may obtain treatment in a similar manner as a state (TAS) solely for section 401 or obtain TAS for the limited purpose of participating as a neighboring jurisdiction under section 401(a)(2). Tribes have the opportunity to participate directly in the certification process without applying for water quality standards by applying for TAS for the section 401 program. Tribes should consider TAS for the section 401 program if they are interested in issuing certification decisions for their reservation (CWA Section 401(a)(1)) or participating in the neighboring jurisdiction process (CWA Section 401(a)(2)).