[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Notices]
[Pages 8380-8381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3203]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8281-4]


Safe Drinking Water Act Determination; Underground Injection 
Control Program, Determination of Indian Country Status for Purposes of 
Underground Injection Control Program Permitting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final determination.

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SUMMARY: This notice announces the availability of EPA's Land Status 
Determination, which concludes that the approximately 160 acres of land 
located in the southeast portion of Section 8, Township 16N, Range 16W, 
in the State of New Mexico (the Section 8 land), is part of a dependent 
Indian community under 18 U.S.C. 1151(b) and, thus, considered to be 
``Indian country.'' EPA is therefore the appropriate agency to consider 
underground injection control (UIC) permit applications under the Safe 
Drinking Water Act (SDWA) for that land.

DATES: The determination was signed on February 6, 2007.

FOR FURTHER INFORMATION CONTACT: David Albright, at 
[email protected], or 415.972.3971.

SUPPLEMENTARY INFORMATION: In the late 1980s, Hydro Resources, Inc. 
(HRI) sought a UIC permit for its property located within the Section 8 
land. After considering materials submitted by the Navajo Nation and 
the New Mexico Environment Department (NMED), EPA determined that the 
Indian country status of the Section 8 land was in dispute and, thus, 
that EPA would be the appropriate agency to issue the SDWA UIC permit. 
The State of New Mexico and HRI challenged EPA's determination. In 
2000, in HRI v. EPA, 198 F.3d 1224 (10th Cir. 2000), the United States 
Court of Appeals for the Tenth Circuit upheld EPA's decision to 
implement the UIC program throughout HRI's Section 8 land because the 
Indian country status of that land was in dispute. The Court remanded 
the matter to EPA to make a final administrative decision on the Indian 
country status of the disputed land.
    In 2005, HRI approached NMED concerning a UIC permit for its 
proposed mining operations on the Section 8 land. In response, NMED 
formally requested that EPA determine the Indian country status of the 
Section 8 land to identify whether EPA or NMED is the appropriate 
agency to consider a UIC permit application from HRI for that land.
    On November 2, 2005, EPA issued a Federal Register notice (see 70 
FR 66402) inviting written comments and information from the public and 
interested parties on whether the Section 8 land constituted a 
dependent Indian community in whole or in part. EPA received comments 
from twenty-five (25) commenters, including HRI, the Navajo Nation, the 
State of New Mexico, and others.

[[Page 8381]]

    The Agency reviewed the status of the land in light of the comments 
it received, the existing case law, and a November 3, 2006 opinion from 
the United States Department of the Interior (DOI) Solicitor, who has 
special expertise on Indian country questions. EPA also consulted with 
the Navajo Nation pursuant to its federal trustee relationship.
    On February 6, 2007, EPA issued its final determination concluding 
that the Section 8 land is part of a dependent Indian community under 
18 U.S.C. 1151(b) and, thus, ``Indian country.'' EPA is therefore the 
appropriate agency to consider underground injection control permit 
applications under the Safe Drinking Water Act (SDWA) for that land. 
For a copy of the Determination and other supporting material, go to 
http://www.epa.gov/region09/water/groundwater/permit-determination.html.

    Dated: February 15, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E7-3203 Filed 2-23-07; 8:45 am]
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