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### River Insmi Co=mity 215West CasaBlmca Road Post Office 

### Box 97 Sacaton, ,Lisizpra 85247 

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### It gives me grestpieas~e tc.fomdlyE-n-qauxe 

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### P~VST InAiar, Cornmiry 

### hams ~e efigibility requirements of&e Clem.Air -4d (CM)TribdAuthority EuiejTP,AA), mAd has bszn .approvedto reczive a C'AA Sectinn 105 con6nui.g2k pollution controi progm cat mde: theprovisions 

### oftbz 

### T-e-. " 

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### Ln&mCom&ity isthe Zrirs?tribd! goveniiezit 

### k~ 4Li9 P'egi~~lt~re:ci.ric 

### azp_iigi_bciq- detenrhtion mid^;the C,AA. Ithas b=zaE sea: pleasuie'towork74thyour stas achievethis irnportmimiiestone. Welookfun-qard toco~tinuiq 

### thisprodmuvereiziiom5ip 8s we work together toprate5; znd e~hce he Conm~tgr's ai.~ 

### rcsouczs. 

### if yoil haye ally qursiions,plesse don't hcsizatt to

### giv: 

### nzacdl,orhave your s'~ call Doug McD&el 

### of'-;he Ah Ciivisian at 415-744-1246.UNITED STATESENVIRQNMENTALPROTECTIONAGENCY REGION

### M ' 75Rawthoroe Street EianFrancisco,CA 94105

ELIGIBILITY DETERMINATION FOR 

### THE GILA RIVER INDIAN COMMUNITY FOR GRANTS UITDER SECTION 105 OF THE CLEAN AIR ACT


### The Office of Regional Counsel ('ORCu) and the 

### Air Division have reviewed the 

### Gila River 

### Indian Codunity (GRLC) 

### ' s eligibility 

### for a grant under Section 

### 105 

### of the 

### Clean Air Act (Cm) 

### and 

### have recommended a finding 

### of eligibility. 

### Based on 

### this 

### review and recommendation, the Reaional Administrator has determined that the GRIC is eligible to receive 

### a grant under Section 105 

### of the CAA. 

### Eligibility Requireunents 

### The requirements for the. eligibility determination 

### are identified in the TribalAuthority Rule (40 CFR 

### E 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 docbment this requirement 

### by 'identifying a prior 

### EPA program authorization (40 CFR 

### 5 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 QUt substantin1 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. cl The functions to be exercised by the Indian tribe pertain 

### to the management and protection of 

### sir resources within the exterior boundaries of the reservation or other areas wi

### thin the tribe's jurisdiction; and The TAR allows tribes to document this requirement by identifying a prior EPA program authorization (40 CFR § 49.7 (a) ( 8)1

# . GRfC fulfilled this requirement by referenciq-its1989 -__ _ . - Clean WatTActTZeatrnent 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 the Tribe's attorney 

### which asserted that 

### - the Tribe had jurisdiction 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 entitya under the CAA, 

### was notified 

### of the Tribe's application 

### and did 

### not dispute the Tribe's jurisdiction.

d) the Indian tribe is reasonably wected 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 th'is 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.

40 CFR § 49.9 fb)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