40 CFR § 33.406 - May a recipient designate a lead agency for fair share objective negotiation purposes?

---
identifier: "/us/cfr/t40/s33.406"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 33.406 - May a recipient designate a lead agency for fair share objective negotiation purposes?"
title_number: 40
title_name: "Protection of Environment"
section_number: "33.406"
section_name: "May a recipient designate a lead agency for fair share objective negotiation purposes?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "B"
subchapter_name: "GRANTS AND OTHER FEDERAL ASSISTANCE"
part_number: "33"
part_name: "PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PROGRAMS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 637 note; 42 U.S.C. 4370d, 7601 note, 9605(f); E.O. 11625, 36 FR 19967, 3 CFR, 1971 Comp., p. 213; E.O. 12138, 49 FR 29637, 3 CFR, 1979 Comp., p. 393; E.O. 12432, 48 FR 32551, 3 CFR, 1983 Comp., p. 198, 2 CFR part 200."
regulatory_source: "73 FR 15913, Mar. 26, 2008, unless otherwise noted."
cfr_part: "33"
---


# 33.406 May a recipient designate a lead agency for fair share objective negotiation purposes?

If an Indian Tribal, State or local Government has more than one agency that receives EPA financial assistance, the agencies within that Government may designate a lead agency to negotiate MBE and WBE fair share objectives with EPA to be used by each of the agencies. Each agency must otherwise negotiate with EPA separately its own MBE and WBE fair share objectives.