UNITEDSTATESElVVIRONM~AL PROTECTIONAGENCY WEGION

### IX 75HawthorneStreet SanFrancisco,CA94105

ELIGIBILITY DETERMINATION FOR WEGILA RIVER INDIAN COMMUNITY FOR GRANTS UIUDER 

### SECTION 105 OF THE CLEANAIR ACT

The Office of Regional Counsel ("ORCu)

### and the Air Division have reviewed the 

### Gila River 

### Indian Con-dnunity tGR1C)'s eligibility 

### for a grant under Section 105 of the CleanAir Act (CAP+) 

### 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. ~lig-ilityRequirements
The requirements for the eligibility determination are identified in the Tribal Authority Rule (40CFR 5 49.6) and are as follows: a) The applicant,,is 

### an Indian tribe recognized by the S4zretaz-y 

### of the Interior;
The TAR allows tribes to docwent 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. b) The Indian tribehas a governing body carrying out substantial governmental duties and functions;


### The TAR allows tribes to docunient this requirement by identifying a prior EPAprogram authorization (40 CFR § 49.7 (aj(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 tribepertain to themanagement andprotection of 

### air resources within the exteriorboundaries of the reservation or other areas 

### within the tribe's jurisdiction; and
The TAR allows tribes to document this requirement by identifying a prior EPAprogram authorization (40 CFR § 49.7 (a) (8))


## . GRIC fulfilled this requirement Clean Water-Act-Treatment as state approved March 30, 1990, and by submitting amap 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 the Tribe's attorney

### which asserted that

. the Tribe had jurisdiction over all natural resources within its

- reservation. ilthough the Tribe's Section 106 letter did not expressly refer to air resources, management'and regulation 

### of air resources is includedwithin the category of natural resources. 

### The GRIC did not raise 

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

### The State of Arizona, an "appropriategovernmental entityaunder the notified of 

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

### the was

d) the Indian tribe is reasonably expected to

### be capable, in. the EPA Regional Administrator's judgment, of carrying out the functions tobe exercised 

### ina manner consistent with the tenns and purposes of the CleanAir Act and all .appl 

### icab1

### e regul

### a

### tions

## . The functions to be exercised, 

### in this 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 

### hy the Tribe. Furthermore,

### GRIC has been successfullymanaging 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.
motificchti- of m-ruptiate Gwemamantal 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 ta 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 prwided unless the application presents different jurisdictional issues or significant new factual or legal informationrelevant 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 ing under Section 105 of the Clean 

### Air Act.
Date:

Felicia A. Marcus, ~egional Administrator