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UNITED STATES ENMWONMEIVTAL PROTECTION AGENCY 

REGION M 

75 Hawthorne Street 

San Frandsco, CA 94105 

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 (40 CFR 5 49.6) and are 

as follows: 

a) The applicant is an Indian tribe recognized by the 

Secretary of the Interior; 

The TAR allows tribes to document this requirement by 

'identifying a 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 

subs tan tin1 governmental duties and functions; 

The TAR allows tribes to document this requirement by 

identifying a prior EPA program authorization (40 CFR § 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 to be exercised by the Indian tribe pertain 

to the management and protection of air resources within the 

exterior boundaries of the reservation or other areas within 

the tribe's jurisdiction; and 

The TAR allows tribes to document this requirement by 

identifying a 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, and by submitting a map of the 

Reservation. This map is consistent with Executive Order 
language identifying the Reservation boundaries. 

The Tribe's application for TAS under section 106 of the CWA 

included a letter from 'ihe Tribe's attorpey which 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 's judgment, of carrying out 

the functions to be exercised in a manner consistent with 

the terms and purposes of the Clean Air Act 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 to me 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