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ELIGIBILITY DETERMINATION FOR THE GILA RIVER INDIAN COMMUNITY FOR GRANTS TJIKDER SECTION 105 OF THE CLEAN AIR ACT



### The Office of Regional Counsel ("ORC")

### and the Air Division have reviewed the Gila River Indian Community (GR1C)'s eligibility for 

### a grant under Section 105 of 

### the Clean 

### Air Act (CAA)

### and 

### have recommended a finding of eligibility. Based on this review and recommendation, the Regional Administrator has determined that the GRIC is eligible to receive a grant under Section 105 of the CAA.

The requirements for the eligibility determination are identified 

### in the Txibal Authority Rule (40CFR 5 49.6) and are as follows: 

### a) The applicant 

### is an Indian tribe recognized by the Secretaryof the Interior;
The TAR allows tribes to document this requirement by 'identifyinga prior EPA program authorization (40 CFR S 49.7 (a)(8)). GRIC fulfilled this requirement by referencing its 1989 Clean Water Act Treatment as State application,which was approved March 30, 1990. b) The Indian tribe has a governing body carrying out substantin1governmental duties and functions;
The TAR allows tribes to document this requirement by identifying a prior EPA program authorization (40CFR § 49.7 (a)(8)). GRIC fulfilled this requirement by referencing its 1989 Clean Water Act Treatment as State application,which was approved March 30, 1990.

C) The functions tobe exercised by the Indian tribepertain 

### to the management and protection of

### air resources within the exterior boundaries of the reservation or other areas within the tribe'sjurisdiction; and The TAR allows tribes to document this requirement by identifying a prior EPA program authorization (40CFR S 49.7 (a)(8) ). GRIC fulfilled this requirement by referencing its 1989 Clean Water Act Treatment as State application,which was approved March 30, 1990,and by submitting a map of the Reservation. This map is consistent with Executive Orderlanguage identifying the Reservation boundaries.


### The Tribe's application for 

### TAS under section 106 of the 

### CWA included a letter from 'ihe Tribe's attorpeywhich asserted that the Tribe 

### had iurisdiction over 

### all natural resources within its reservation. Although the Tribe's Section 106 letter did not expressly refer to air resources,management and regulation of

' air resources is included within the category of natural resources. The GRIC did not raise 

### any additional legal issues regarding jurisdiction for this application. 

### The State of Arizona, an "appropriate governmental entity" under the CAA, was notified 

### of the Tribe's application and did not dispute the Tribe's jurisdiction.

d) the Indian tribe is reasonably expected to

### be capable, 

### in the EPA Regional Administrator 'sjudgment, of carrying out the functions 

### tobe exercised in

### a manner consistent with the terms andpurposes of the CleanAirAct and all applicable regulations


## . The functions to 

### be exercised, 

### in tliis case,pertain to the management of 

### an EPA grant program. 

### GRIC 

### has fulfilled this requirement by providing a list of fourteen EPA grants currently being managed by the Tribe. Furthermore,

### GRIC has been successfully managing Clean Air Act Section 103 grant projects since September 27, 1996. 

### The Air Division has also reviewed the staff and administrative capability to manage a grant under the Section 105 program. Notification of "Appropriate Guvemuiental EntitiesN
40 CFR § 49.9 (b)provides that the Regional Administrator shall notify appropriate governmental entities within 30 days of receipt of the Tribe's initial, complete application under the CAA. 

### The State 

### of Arizona is the only appropriate governmental entity and was provided with notice within 30 days of the Tribe's initial, complete application. The State of Arizona did not contest the Tribe's jurisdiction over air resources within the Tribe's reservation.

As specified in 40 CFR § 49.9 (f),this determination concerning the boundaries of the reservation "shall apply to all future Clean Air Act applications from that tribe


# . . . and no further notice to governmental entities, as described in paragraph (b)of this section, shall 

### be provided unless the application presents different jurisdictional issues or significant new factual or legal information relevant to jurisdiction to the Regional Administrator."Based on the information provided tome by the Gila River Indian Community, the Air Division, and the Office of Regional Counsel, I have determined that the Gila River Indian Community is eligible to recei ng under Section 105 of the Clean Air Act.
Date:

Felicia A. Marcus, Regional Administrator