# GILA RIVER INDIAN COMMUNITY Governance Center Law Office

October 6, 2008 Wayne Nastri Regional Administrator United States EnvironmentalProtection Agency 75 Hawthorne Street SanFrancisco, California 94105
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. 

## 5 49.7(a)(3), ofthe Community's authority to regulate air quality including a more detailed and recent description of the Community's exterior boundaries and detailed maps ofthe 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 ofthe Reservation, depicted on the enclosed map, are now completely enclosed by lands which were added tothe Reservation through a series of executive orders as fo~lows:~
An executive order entered by President Grant onAugust 31, 1~76,~ 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, southwestquarter 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 ofnortheast quarter and northwest quarter of section6, and northwest quarter of section 10.



## ' 11Stat. 401.

Copies ofthe executive orders were previously provided to the EPA. 3 Exec. Order (Aug. 31, 1876).



### 525 West 

### Guu 

### Ki 

### P.O. Box97 Sacaton, Arizona 85247 * 

### Telephone: (520) 562-9760 Fax: (520) 562-9769

---. - ".< - .---.-.----".A- --' " -.-.- -GilaRiverIndian Community Treatment as State PAS)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 southern boundary-line of said Camp McDowell reservation to the southwest corner 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 ofthe southerntier of sections in townshp 3 north, ranges 5 and 6 east, to the northwest comer of section 31,township 3 north, range 5 east, thence south alongthe range-line between ranges 4 and 5 east to the place ofbeginning. Also the following: Beginning atthe northwest corner ofthe old GilaReservation; 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; tlience northwesterly along the said last-described boundary lineto the place ofbeginning. 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 ofthe present reservation south of the Gila River; thence, west along the south boundary of sections 15 

### and 16, township 3 south,-range3 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 corner 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 ofsaid township to the southwest corner 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 initialpoint on the Gila River base line; thence north along the Gila Rivermeridian 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 ofbeginning.
An 

### executive order entered by President Arthur on November 15, 1883,6added 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). 5 Exec. Order (May 5, 1882). 6 Exec. Order (Nov. 15, 1883).GilaRiver Indian Community ~reatment asState (TAS)Application October 6,2008 Page 3 of 5 Gila River, being the northeast comer ofthe Executive addition of June 14, 1879;thence southeasterly along the boundary line of said Executive addition to the township line between townships 1and 2 south, range 2 east ofthe 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 corner 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 corner of the present reservation, as established by Executive order of Aug. 31, 1876, being the northeast corner 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 corner 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, tothe southwest comer of sectioil 7, township 4 south, range 2 east; thence north on the range line, between ranges 1 and 2 east, to the northwest corner 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, onthe 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 ofbeginning.
An executive order entered by President Taft on July 31: 191lY7 added the following lands to the Reservation: Township 5 south, range 7 east, Gila and Salt Rivermeridian. Section 1, lots 

### 5, 6,7, 8, 9 and 10, SW. !A; S. 1/2 of NW. %, and the west 160 acres ofthe SE. %of section 1. Section 12,E.XofNW. %,NW.%ofNW.%, W. %ofNE.%.NW.%ofSE.%. and lots2, 3,4and 9. Township 5 south, range 8 east, Gila and SaltRiver meridian. Section 6, lots 6 and 7, E. %of SW. %, S. ?4and Se. %. Section 7, lot 

### 1,NE. %ofNW. %and N. '/z ofhTE/ %.


### An executive order entered by President Tafi on September 28, 191lY8 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

7 Exec. OrderNo. 1387(July 3 1, 1911). 8Exec. OrderNo. 1416(Sept.28, 1911).GilaRiverIndian Community TreatmentasState (TAS) Application October 6,2008 Page 4 of 5 the SE. ?4of the 

### SE. ?4 of sec. 34, in township 2 north, range 5 east ofthe Gila and Salt River meridian.


### An executive order entered by President Wilson on June 2, 1913,' added the following lands to the Reservation: Township4, Range 4. Sections 13, 14, 15, 23, 24, 25, 26 and 35; E. '/z of Section 17;

### NE. ?4 of Section 20;

### N. '/z of Section 21, and 

### N. % of section 22. Township 5, Range 4. Sections 

### 1 and 2. All south and east ofthe Gila and SaltRiver base and meridian.
An executive order entered by President Wilson on July 19, 191 5," added the following lands to the Reservation: Sections 15 to 22, inclusive, of toivnship 5 south, range 7 east of the Gila& Salt River meridian. Authority ofthe Community
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 andBylaws ofthe Gila River Indian Cor7fnzunity, which was approved by the United States on March 17, 1960.'~ 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 ~eservati0n.l~ 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,'j requiring sex offender registration and notification,16 requiring business licenses and imposing taxes,I7 regulating alcoholic beverages,'' regulating hunting and fishingI9 protecting of native plants,20regulating animals and

9Exec. Order No. 1782(June2, 1913). 10Exec. Order (July 19, 1915).

25 U.S.C. Q 461 etseq. 12Pursuant to 25 U.S.C. Q 476. 13 Constitution and Bylaws ofthe Gila River Indian Community, Arizona, art.XV Q l(b)(8) (March 17, 1960). l4GR-03-08 (March 6, 2008). l5 GR-97-01 (July 18,2001). l6GR-02-07 (July 18,2007). l7GR-06-05 (June 15,2005). l8 GR-03-05 (April 6,2005).
l9 GR-02-84 (June 20, 1984). 20 GR-03-90 (June 20, 1990).I,

r 

### GdaRiver Indian Community Treatmentas State (TAS)Application October6,2008 Page 

### 5 of

### 5 live~tock,~' imposing environmental health regulations including communicable diseases and tuber~ulosis,~~ andregulating zoning and constr~ction.~~ The Community has specifically exercised its civil regulatory authority through the adoption of numerous ordinances protecting its environment, including ordinances regulating sewer solid waste disposal,25pesticides,26medical waste management,27 and wastewater management.28 The Community regulates these activities within the Reservation pursuant to its sovereign authority as expressed in its 

### Constitutionand 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 civiljurisdiction, 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 Commuizi~~ 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 civiljurisdiction over non-members.
If you need any additional information, please contact our office and we will provide the requested information. Respectfully submitted,

WverwdianCommunity

cc: GovernorWilliam R. Rhodes LieutenantGovernorJenniferAllison-Ray Margaret Cook,Departmentof~nvironmental Quality Enclosures as stated.

21GR-01-04 (January 7, 2004). 22 GR-05-01 (December 19,2001);GR-05-05 (June 1,2005). 23 GR-02-04 (March 4, 2004). 24 GR-03-87 (August 19, 1987). 25 GR-04-95 (April 19, 1995). 26 GR-04-96 (April 13, 1996). 27 GR-04-02 (March 20, 2002). 28 GR-01-08 (February 6,2008).