40 C.F.R. § 745.323
§ 745.323 Definitions. (40 CFR Part 745)
Operative Text
The definitions in subpart A apply to this subpart. In addition, the definitions in § 745.223 and the following definitions apply: Indian Country means (1) all land within the limits of any American Indian reservation under the jurisdiction of the U.S. government, notwithstanding the issuance of any patent, and including rights-of-way running throughout the reservation; (2) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or outside the limits of a State; and (3) all Indian allotments, the Indian titles which have not been extinguished, including rights-of-way running through the same. Indian Tribe means any Indian Tribe, band, nation, or community recognized by the Secretary of the Interior and exercising substantial governmental duties and powers.
Section 745.323 establishes the vocabulary that governs the lead-based paint renovation, repair, and painting rules as they apply to tribal contexts. It incorporates definitions already set out in subpart A and § 745.223, then adds two specific terms: 'Indian Country,' which covers reservation lands, dependent Indian communities, and Indian allotments with unextinguished titles (including associated rights-of-way), and 'Indian Tribe,' which refers to any federally recognized tribal nation exercising substantial governmental authority. These definitions determine the geographic and governmental scope within which the tribal provisions of this regulatory subpart operate.
Plain English — not legal advice.
Property owners or managers overseeing rental housing located within areas that may fall under § 745.323's definition of 'Indian Country' should be aware that this definitional provision shapes which regulatory framework applies to their renovation and repair activities involving lead-based paint. Operators generally confirm whether a property sits within reservation boundaries, a dependent Indian community, or an Indian allotment before determining which set of EPA lead-safe work practice rules governs their work. Understanding whether the entity with jurisdiction qualifies as an 'Indian Tribe' under § 745.323 is a foundational step in identifying the correct compliance pathway.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in housing that may be situated within 'Indian Country' as defined by § 745.323 have an interest in understanding that this provision helps determine which lead-based paint renovation rules protect them. If a landlord undertakes renovation, repair, or painting work, the definitions in § 745.323 influence whether tribal, federal, or state-level lead-safe work practice requirements apply to that activity. Tenants who have questions about which rules govern their housing can reach out to their tribal environmental or housing office, a local tenant-rights organization, or the EPA for general information about how these definitions affect protections in their area.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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