Safe Drinking Water Act Determination; Underground Injection Control Program, Determination of Indian Country Status for Purposes of Underground Injection Control Program Permitting, 8380-8381 [E7-3203]
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Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Notices
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ycherry on PROD1PC64 with NOTICES
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16:03 Feb 23, 2007
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newton.nap.edu/catalog/
11340.html#toc).
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Dated: February 16, 2007.
Anthony F. Maciorowski,
Deputy Director, EPA Science Advisory Board
Staff Office.
[FR Doc. E7–3208 Filed 2–23–07; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Notice of final determination.
AGENCY:
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
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.
The determination was signed on
February 6, 2007.
FOR FURTHER INFORMATION CONTACT:
David Albright, at
albright.david@epa.gov, or
415.972.3971.
DATES:
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 twentyfive (25) commenters, including HRI,
the Navajo Nation, the State of New
Mexico, and others.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\26FEN1.SGM
26FEN1
Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Notices
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 https://www.epa.gov/
region09/water/groundwater/permitdetermination.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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ycherry on PROD1PC64 with NOTICES
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VerDate Aug<31>2005
16:03 Feb 23, 2007
Jkt 211001
be made by using the voice and TTY
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Contact Person for More Information:
Stephen Llewellyn, Acting Executive
Officer, on (202) 663–4070.
Dated: February 22, 2007.
Stephen Llewellyn,
Acting Executive Officer, Executive
Secretariat.
[FR Doc. 07–884 Filed 2–22–07; 1:30 pm]
8381
Management and Administrative
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Mary W. Dove,
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[FR Doc. 07–888 Filed 2–22–07; 2:26 pm]
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PO 00000
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Fmt 4703
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E:\FR\FM\26FEN1.SGM
26FEN1
Agencies
[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Notices]
[Pages 8380-8381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3203]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
albright.david@epa.gov, 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
https://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]
BILLING CODE 6560-50-P