GILA RIVER INDIAN COMMUNITY 

Governance Center 

Law Office 

October 6,2008 

Wayne Nastri 

Regional Administrator 

United States Environmental Protection Agency 

75 Hawthorne Street 

San Francisco, California 94 105 

Re: Gila River Indian Community 

Treatment as State (TAS) Application 

Dear Mr. Nastri: 

In conjunction with the Gila River Indian Community's ("Community") 

application to the Environmental Protection Agency ("EPA") for Treatment as State 

("TAS"), you have requested a descriptive statement, pursuant to 40 C.F.R. § 49.7(a)(3), 

of the Community's authority to regulate air quality including a more detailed and recent 

description of the Community's exterior boundaries and detailed maps of the Community 

boundaries. 

Boundarv Description 

The boundaries of the Gila River Indian Reservation ("Reservation") are 

identified on the enclosed map. The Reservation occupied 558 square miles and was 

established by an Act of Congress on February 28, 1859.' The original boundaries of the 

Reservation, depicted on the enclosed map, are now completely enclosed by lands which 

were added to the Reservation through a series of executive orders as follow^:^ 

An executive order entered by President Grant on August 3 1, 1 876,3 described the 

Reservation and added the following lands: township 4 south, range 7 east, sections 14, 

15,22,23,24,25,26,27, north half of section 35 and section 36; township 5 south, range 

7 east, northeast quarter of section 1; township 4 south, range 8 east, southwest quarter of 

section 19, west half and southeast quarter of section 29, sections 30, 31, 32 and 

southwest quarter of section 33; township 5 south, range 8 east, southwest quarter of 

section 3, section 4, north half of section 5, north half of northeast quarter and northwest 

quarter of section 6, and northwest quarter of section 10. 

' 11 Stat. 401. 

Copies of the executive orders were previously provided to the EPA. 

Exec. Order (Aug. 3 1, 1876). 

525 West Gu u I(1 P.O. Box 97 Sacaton, Arizona 85247 Telephone: (520) 562-9760 Fax: (520) 562-9769 
Gila River Indian Community Treatment as State (TAS) Application 

October 6, 2008 

Page 2 of 5 

An executive order entered by President Hayes on June 14, 1879: set aside 

additional lands for the Pima and Maricopa Indians described as follows: Beginning at 

the point where the range-line between ranges 4 and 5 east crosses the Salt River; thence 

up and along the middle of said river to a point where the easterly line of Camp 

McDowell military reservation, if prolonged south, would strike said river; thence 

northerly to the southeast comer of said Camp McDowell reservation; thence west along 

the southem boundary-line of said Camp McDowell reservation to the southwest comer 

thereof; thence up and along the west boundary line of said reservation until it intersects 

the north boundary of the southern tier of sections in township 3 north, range 6 east; 

thence west along the north boundary of the southern tier of sections in township 3 north, 

ranges 5 and 6 east, to the northwest comer of section 3 1, township 3 north, range 5 east, 

thence south along the range-line between ranges 4 and 5 east to the place of beginning. 

Also the following: Beginning at the northwest comer of the old Gila Reservation; 

thence by a direct line running northwesterly until it strikes Salt River 4 miles east from 

the intersection of said river with the Gila River; thence down and along the middle of 

said Salt River to the mouth of the Gila River; thence up and along the middle of said 

Gila River to its intersection with the northwesterly boundary line of the old Gila 

Reservation; thence northwesterly along the said last-described boundary line to the place 

of beginning. 

An executive order entered by President Arthur on May 5, 1882,' added the 

following lands to the Reservation: Beginning at a point where the south boundary of 

section 15, township 3 south, range 3 east., intersects the western boundary of the present 

reservation south of the Gila River; thence, west along the south boundary of sections 15 

and 16, township 3 south,-range 3 east, to the southwest comer of section 16; thence, 

north along the section line to the northwest corner of section 16; thence due west along 

the south boundary of sections 8 and 7, in township 3 south, range 3 east, and sections 12, 

11, and 10, in township 3 south, range 2 east, to the southwest comer of section 10; 

thence north along the west boundary of sections 10 and 3 to the northwest comer of 

section 3, in township 3 south, range 2 east; thence west along the north boundary of said 

township to the southwest comer of section 33, in township 2 south, range 2 east; thence 

north along the west boundary of section 33 and 28 to the northwest comer of section 28; 

thence northwest in a straight line to a point on the Gila River meridian 2 miles south of 

the initial point on the Gila River base line; thence north along the Gila River meridian to 

the middle of the Gila River; thence with the boundary of the present reservation along 

and up the middle of the Gila River to a point where the said boundary leaves the said 

river; thence continuing along said boundary south 18" 38' east to the place of beginning. 

An executive order entered by President Arthur on November 15, 1883,~ added 

approximately 350,000 acres to the Reservation, described as follows: Beginning at a 

point in the middle of Salt River, 4 miles east from the intersection of said river with the 

4 Exec. Order (June 14, 1879). ' Exec. Order (May 5, 1882). 6 Exec. Order (Nov. 15, 1883). 
Gila River Indian Community Treatment as State (TAS) Application 

October 6,2008 

Page 3 of 5 

Gila River, being the northeast comer of the Executive addition of June 14, 1879; thence 

southeasterly along the boundary line of said Executive addition to the township line 

between townships 1 and 2 south, range 2 east of the Gila and Salt River meridian; thence 

east on the township lines, between townships 1 and 2 south, to the northeast comer of 

township 2 south, range 4 east; thence south on the range line, between ranges 4 and 5 

east, to the southeast comer of township 2 south, range 4 east; thence east on the 

township lines, between townships 2 and 3 south, to the northeast comer of township 3 

south, range 6 east; thence south on the range line, between ranges 6 and 7 east, to the 

southeast comer of township 3 south, range 6 east; thence east on the township lines, 

between townships 3 and 4 south, to the quarter-section comer on the north boundary of 

section 3, township 4 south, range 8 east; thence south through the middle of sections 3, 

10, 15,22, 27, and 34 in township 4 south, range 8 east, and 3 in township 5 south, range 

8 east, to the northeast comer of the present reservation, as established by Executive 

order of Aug. 31, 1876, being the northeast comer of the southwest quarter of section 3, 

township 5 south, range 8 east; thence following the boundary line of said reservation 

southwest and north to the northeast comer of section 2, township 5 south, range 7 east; 

thence south on the section lines to the southeast comer of section 11 in township 5 

south, range 7 east; thence west on the section lines, through ranges 7, 6, and 5 east, to 

the southwest comer of section 7, township 5 south, range 5 east; thence north on the 

range line, between ranges 4 and 5 east, to the northwest comer of section 18, township 4 

south, range 5 east; thence west on the section line, through ranges 4, 3, and 2 east, to the 

southwest comer of section 7, township 4 south, range 2 east; thence north on the range 

line, between ranges 1 and 2 east, to the northwest comer of section 19 in township 2 

south, range 2 east; thence west on the section line, through range 1 east to the southwest 

comer of section 18, township 2 south, range 1 east, on the Gila and Salt River meridian; 

thence north on said meridian to a point in the Gila River opposite the middle of the 

mouth of Salt River; thence up the middle of Salt River to the place of beginning. 

An executive order entered by President Tafi on July 3 1, 191 1 ,' added the 

following lands to the Reservation: 

Township 5 south, range 7 east, Gila and Salt River meridian. 

Section 1, lots 5,6,7,8,9 and 10, SW. %; S. !4 of NW. %, and the west 160 acres 

of the SE. % of section 1. 

Section12,~. '/~o~Nw. %,Nw. SO~NW. %, W. 1/3of~E. %.Nw. %O~SE. %. 

and lots 2, 3,4 and 9. 

Township 5 south, range 8 east, Gila and Salt River meridian. 

Secti~n6, lots6and 7, E. %ofSW. %, S. %and Se. %. 

Section 7, lot 1, NE. '/r of NW. % and N. % of NE/ %. 

Ax executive order entered by President Taft on September 2%; 1911:8 

permanently added lands temporarily reserved by the June 14, 1879 Executive Order as 

follows: All those tracts lying south of the Salt River in secs. 25, 26, 34, and 36 except 

Exec. Order No. 1387 (July 3 I, 191 1). 

Exec. Order No. 14 16 (Sept. 28, 19 1 1). 
Gila River Indian Communiry Treatment as State (TAS) Application 

October 6,2008 

Page 4 of 5 

the SE. % of the SE. % of sec. 34, in township 2 north, range 5 east of the Gila and Salt 

River meridian. 

An executive order entered by President Wilson on June 2, 1913,~ added the 

following lands to the Reservation: 

Township 4, Range 4. 

Sections 13, 14, 15, 23, 24, 25, 26 and 35; E. % of Section 17; NE. % of Section 

20; N. % of Section 2 1, and N. % of section 22. 

Township 5, Range 4. 

Sections 1 and 2. 

All south and east of the Gila and Salt River base and meridian. 

An executive order entered by President Wilson on July 19, 1915,10 added the 

following lands to the Reservation: Sections 15 to 22, inclusive, of township 5 south, 

range 7 east of the Gila& Salt River meridian. 

Authority of the Communitv 

Pursuant to the express delegation of authority by the United States Congress 

under the Indian Reorganization Act of 1934," the Community was authorized to 

organize. The Community adopted its Constitution and Bylaws of the Gila River Indian 

Community, which was approved by the United States on March 17, 1960.12 The 

Community's Constitution specifically empowers the Community to enact civil and 

criminal codes or ordinances governing the conduct of members of the Community and 

non-members on the Gila River Indian ~eservation.'~ 

The Community has exercised its civil regulatory authority in a number of areas 

including: regulation of traffic,14 removal and exclusion of non-members from the 

Reservation and civil trespass," requiring sex offender registration and n~tification,'~ 

requiring business licenses and imposing taxes,17 regulatin alcoholic beverages,18 

regulating hunting and fishing,19 protecting of native plants:' regulating animals and 

Exec. Order No. 1 782 (June 2, 1 9 1 3). 

lo Exec. Order (July 1 9, 1 9 1 5). 

" 25 U.S.C. 3 461 et seq. '' Pursuant to 25 U.S.C. 3 476. 

" Constitution and Bylaws of the Gila River Indian Community, Arizona, art. XV 3 l(b)(8) (March 17, 

1960). 

l4 GR-03-08 (March 6,2008). 

" GR-97-0 1 (July 18, 2001). 

l6 GR-02-07 (July 18,2007). 

l7 GR-06-05 (June 15,2005). 

GR-03-05 (April 6,2005). 

l9 GR-02-84 (June 20, 1984). 

GR-03-90 (June 20, 1990). 
Gila River Indian Community Treatment as Stare (TAS) Application 

October 6,2008 

Page 5 of 5 

livestock,2' imposing environmental health regulations including communicable diseases 

and tubercul~sis,~~ and regulating zoning and con~truction.~~ 

The Community has specifically exercised its civil regulatory authority through 

the adoption of numerous ordinances protecting its environment, including ordinances 

regulating sewer use,24 solid waste disposal,2s medical waste 

and wastewater management.28 

The Community regulates these activities within the Reservation pursuant to its 

sovereign authority as expressed in its Constitution and as outlined in the Supreme Court 

decision in Montana v. United States, 450 U.S. 544 (1981). Montana, which remains a 

benchmark decision in the area of civil jurisdiction, recognizes the inherent authority of 

an Indian tribe to exercise civil jurisdiction over non-members who enter consensual 

relationships with tribes, or who undertake activities which affect the health and welfare 

of tribal members. As with several of the Community's ordinances, the ordinance 

enacting the Community's Air Quality Management Plan at Title 17, Chapter 9 of the 

Gila River Indian Community Code directly refers to Montana in asserting the 

Community's regulation of these activities and its exercise of jurisdiction over nonmembers, and portions of Chapter 9 refer to the situations under which the Community 

may assert civil jurisdiction over non-members. 

If you need any additional information, please contact our office and we will 

provide the requested information. 

Respectfully submitted, 

wh(dian Community 

CC: Governor William R. Rhodes 

Lieutenant Governor Jennifer Allison-Ray 

Margaret Cook, Department of Environmental Quality 

Enclosures as stated. 

GR-0 1-04 (January 7,2004). * GR-05-0 1 (December 19,2001); GR-05-05 (June 1,2005). 

GR-02-04 (March 4,2004). 

l4 GR-03-87 (August 19, 1987). 

l5 GR-04-95 (April 19, 1995). 

l6 GR-04-96 (April 13, 1996). 

l7 GR-04-02 (March 20, 2002). 

GR-01-08 (February 6,2008).