[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Notices]
[Pages 44521-44522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21006]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6418-4]


Public Water System Supervision Program Revision for the State of 
South Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Public notice is hereby given in accordance with the 
provisions of section 1413 of the Safe Drinking Water Act as amended, 
42 U.S.C. 300g-2, and 40 CFR part 142, subpart B-Primary Enforcement 
Responsibility, that the State of South Dakota has revised its Public 
Water System Supervision (PWSS) Primacy Program. South Dakota's PWSS 
program, administered by the Drinking Water Program of the South Dakota 
Department of Environment and Natural Resources (DENR), has adopted 
regulations for lead and copper in drinking water that correspond to 
the National Primary Drinking Water Regulations (NPDWR) in 40 CFR part 
141, subpart I (56 FR 26460-26564, June 7, 1991). The Environmental 
Protection Agency (EPA) has completed its review of South Dakota's 
primacy revisions and has determined that they are no less stringent 
than the NPDWRs. EPA therefore proposes to approve South Dakota's 
primacy revisions for the Lead and Copper Rule. Today's approval action 
does not extend to public water systems in Indian Country as that term 
is defined in 18 U.S.C. 1151. Please see Indian Country section.

DATES: Any interested parties are invited to submit written comments on 
this determination, and may request a public hearing on or before 
September 15, 1999. If a public hearing is requested and granted, this 
determination shall not become effective until such time following the 
hearing that the Regional Administrator issues an order affirming or 
rescinding this action.

ADDRESSES: Written comments and requests for a public hearing should be 
addressed to: William P. Yellowtail, Regional Administrator, c/o Linda 
Himmelbauer (8P-W-MS), U.S. Environmental Protection Agency, Region 
VIII, 999 18th Street, Suite 500, Denver, CO 80202-2466.

FOR FURTHER INFORMATION CONTACT: Linda Himmelbauer, Municipal Systems 
Unit, EPA Region 8 (8P-W-MS), 999 18th Street, Suite 500, Denver, 
Colorado 80202-2466 telephone 303-312-6263.
SUPPLEMENTARY INFORMATION:

    Frivolous or insubstantial requests for a hearing may be denied by 
the Regional Administrator. However, if a substantial request is made 
within thirty (30) days after this document, a public hearing will be 
held.
    Any request for a public hearing shall include the following: (1) 
The name, address, and telephone number of the individual, 
organization, or other entity requesting a hearing; (2) a brief 
statement of the requesting person's interest in the Regional 
Administrator's determination and of information that the requesting 
person intends to submit at such hearing; and (3) the signature of the 
individual making the request, or, if the request is made on behalf of 
an organization or other entity, the signature of the responsible 
official of the organization or other entity.
    Notice of any hearing shall be given not less than fifteen (15) 
days prior to the time scheduled for the hearing. Such notice will be 
made by the Regional Administrator in the Federal Register and in 
newspapers of general circulation in the State of South Dakota. A 
notice will also be sent to the person(s) requesting the hearing as 
well as to the State of South Dakota. The hearing notice will include a 
statement of purpose, information regarding time and location, and the 
address and telephone number where interested persons may obtain 
further information. A final determination will be made upon review of 
the hearing record.
    Should no timely and appropriate request for a hearing be received, 
and the Regional Administrator does not elect to hold a hearing on his 
own motion, EPA will publish a final on the primacy revision. Please 
bring this notice to the attention of any persons known by you to have 
an interest in this determination.
    All documents relating to this determination are available for 
inspection at the following locations: (1) U.S. EPA Region VIII, 
Municipal Systems Unit, 999 18th Street (4th floor), Denver, Colorado 
80202-2466; (2) South Dakota Department of Environment and Natural 
Resources, Drinking Water Program, 523 East Capital Avenue, Pierre, 
South Dakota 57501.

Indian Country

    EPA has been consulting with the affected Tribes and has had 
discussions with the State regarding the extent of Indian country in 
South Dakota. Based on these discussions, we propose the following 
language. Recognizing that the affected parties may have differing 
opinions, we invite comment from the Tribes, the State and others.

[[Page 44522]]

    EPA's decision to approve this primacy revision for the South 
Dakota PWSS Program does not include any land that is, or becomes after 
the date of this authorization, ``Indian country,'' as defined in 18 
U.S.C. 1151, including:

1. Land within formal Indian reservations located within or abutting 
the State of South Dakota, including the:
    a. Cheyenne River Indian Reservation,
    b. Crow Creek Indian Reservation,
    c. Flandreau Indian Reservation,
    d. Lower Brule Indian Reservation,
    e. Pine Ridge Indian Reservation,
    f. Rosebud Indian Reservation,
    g. Standing Rock Indian Reservation,
    h. Yankton Indian Reservation.
2. Any land held in trust by the United States for an Indian tribe,
3. Any other land, whether on or off a reservation, that qualifies as 
Indian country.

    Moreover, in the context of these principles, a more detailed 
discussion for three reservations follows.

Rosebud Sioux Reservation

    In the September 16, 1996, FR notice, EPA noted that the U.S. 
Supreme Court in Rosebud Sioux Tribe v. Kneip, 430 U.S. 584 (1977), 
determined that three Congressional acts diminished the Rosebud Sioux 
Reservation and that it no longer includes Gregory, Tripp, Lyman and 
Mellette Counties. Accordingly, EPA proposes to approve the primacy 
revision for the South Dakota PWSS program for all land in Gregory, 
Tripp, Lyman and Mellette Counties that was formerly within the 1889 
Rosebud Sioux Reservation boundaries and does not otherwise qualify as 
Indian country under 18 U.S.C. 1151. This proposed approval does not 
include any trust or other land in Gregory, Tripp, Lyman and Mellette 
Counties that qualifies as Indian country.

Lake Traverse (Sisseton-Wahpeton) Reservation

    In the September 16, 1996, FR notice, EPA noted that the U.S. 
Supreme Court in DeCoteau v. District County Court, 420 U.S. 425 
(1975), determined that an Act of Congress disestablished the Lake 
Traverse (Sisseton-Wahpeton) Reservation. Therefore, EPA proposes to 
approve the South Dakota PWSS program for all land that was formerly 
within the 1867 Lake Traverse Reservation boundaries and does not 
otherwise qualify as Indian country under 18 U.S.C. 1151. This proposed 
approval does not include any trust or other land within the former 
Lake Traverse Reservation that qualifies as Indian country.

Yankton Sioux Reservation

    The U.S. Supreme Court's ruling in South Dakota v. Yankton--Sioux 
Tribe, 522 U.S. 329 (1998), found that the Yankton Sioux Reservation 
has been diminished by the unallotted, ``ceded'' lands, that is, those 
lands that were not allotted to Tribal members and that were sold by 
the Yankton Sioux Tribe to the United States pursuant to an Agreement 
executed in 1892 and ratified by the United States Congress in 1894. 
Accordingly, EPA proposes to approve the South Dakota PWSS program for 
unallotted, ceded lands that were ceded as a result of the Act of 1894, 
28 Stat. 286 and do not otherwise qualify as Indian country under 18 
U.S.C. 1151. This proposed approval does not include any trust or other 
land within the original boundaries of the Yankton Sioux Reservation 
that qualifies as Indian country under 18 U.S.C. 1151. EPA acknowledges 
that there may be further interpretation of land status by the final 
federal court decision in Yankton Sioux Tribe v. Gaffey, Nos. 98-3893, 
3894, 3986, 3900. If Indian country status changes as a result of 
Gaffey, EPA will act to modify this authorization as appropriate.

    Dated: August 4, 1999.
Jack W. McGraw,
Acting Regional Administrator, Region 8.
[FR Doc. 99-21006 Filed 8-13-99; 8:45 am]
BILLING CODE 6560-50-P