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Pueblo of Zia Supporting Document for Application for Treatment in A

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Pueblo of Zia Supporting Document for Application for Treatment in A 135 CAPITOL SQUARE DRIVE PHONE (505) 867-3304 ZIA PUEBLO, NM 87053-6013 FAX (505) 867-3308 Regional Administrator U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue Dallas, TX 75202 Dear Regional Administrator, Please see and accept the attached Application for Treatment in a Similar Manner as a State in regards to the Clean Air Act Sections 105, 107(d)(3}, 126, 505{a}{2} for grant funding and early notification. The Pueblo of Zia is looking to administer a Clean Air Program in the near future and the attached application represents the legal and administrative capacity held by the Pueblo of Zia staff to do so. The Pueblo of Zia is dedicated to the appropriate and sustainable management of its environmental resources and receiving Treatment as a State is a fundamental step in that management. If you have any questions please direct them to Deborah Anyaibe, Director of Environmental Resources for the Pueblo of Zia at 505-867-3304 ext. 219 or by email at [email protected]. Thank you for your time and consideration in this matter. Sincerely, Governor Delgarito NO/SIA/O SWV.:l.:J'V l't1N~31X3 81 :Z Wd 62 A~H BI 031\1383~ U.S. Environmental Protection Agency \)eblo of~ ~ v ~ ~ Environmental Resources Application for Treatment in a Similar Manner as a State Under Clean Air Act 2018 Table of Contents NARRATIVE STATEMENT ................................................................................................................ 3 BACKGROUND................................................................................................................................4 PUEBLO BOUNDARY....................................................................................................................... 8 Statement of Counsel .................................................................................................................. 11 JOB DESCRIPTIONS ....................................................................................................................... 16 ORGANIZATIONAL STRUCTURES ..................................................................................................33 2 NARRATIVE STATEMENT The Pueblo of Zia hereby applies under section 301 ( d) of the Clean Air Act (CAA), also know as the Tribal Authority Rule, Attachment 1 referenced in 42 U.S. Code 7601(d), to the U.S. Environmental Protection Agency to become eligible to be treated in a similar manner as a state (T AS) to administer CAA Section 105 Air Pollution Planning and Control Program as well as Sections 107(d)(3), Section 126, and Section 505(a)(2) of the Clean Air Act. 1. The Pueblo ofZia is recognized by the Secretary of the Interior, Federal Register Vol. 81 No. 86/ Wednesday, May 4, 2016/Notices. 2. The governing body on the Pueblo of Zia is the Executive Council and General Council. The Executive Council is comprised of 6 members. These members include: Governor, Lieutenant Governor, General Legal Counsel, Director of Administrative Services, Director of Finance, and the Director of Operations. General Council consists of the governors and any male community member over the age of 18. The Pueblo of Zia operates under a traditional form of government. Leadership are appointed on a yearly basis serving up to two, one year terms. The Executive Council has authority to develop and implement tribal codes and programs to protect the general well-being ofthe of the members within its boundaries. 3. The boundaries ofthe Pueblo ofZia as well as it's placement can be found in Attachment 2. The map shows the area in which the Pueblo ofZia asserts authority to regulate Air Quality as stated in 40 CFR 50. Zia Pueblo sits atop a mesa overlooking the Jemez River forty-five miles west-southwest of Santa Fe and 17 miles east ofBernalillo, New Mexico. A statement from legal counsel from the Pueblo of Zia tribal attorney is provided in Attachment 3 describing the basis for the tribe's assertion of authority. The land and legal descriptions can be found in its entirety in its entirety in the Pueblo of Zia's Treatment as a State Application for Clean Water Act Section 106. 4. Tribal Capacity Listed below are some examples of current management experience and administration of programs and services of the Pueblo of Zia: a. Department ofEnvironmental Resources a. General Assistance Program b. Clean Water Act Section 106 c. Clean Air Act Section 103 d. Social and Economic Development Strategies Grant (SEDS) e. Bureau of Reclamation Grant for Irrigation Study f. Bureau of Indian Affairs Grant for Illegal Dumpsite Clean-up g. Bureau of Indian Affairs Agriculture allotment 3 b. T'Siya Enrichment Center c. Utilities Department d. Health Clinic e. T'Siya Day School f. Tribal Police Department g. Tribal Fire Department The Pueblo received Treatment in a Similar Manner as a State for Clean Water Act Section 106 on June 16, 2017. Current environmental programs administered by the Pueblo of Zia: a. EPA GAP Grant b. Clean Water Act Section 106 c. Clean Air Act Section 103 d. Social and Economic Development Strategies Grant (SEDS) e. Bureau of Reclamation Grant for Inigation Study f. Bureau ofIndian Affairs Grant for Illegal Dumpsite Clean-up g. Bureau ofIndian Affairs Agriculture allotment Existing, relevant, staff Resources: a. Deborah Anyaibe, Department ofEnvironmental Resources Director b. Bobbie Gachupin, Program Coordinator c. Environmental Manager a. Technician d. Natural Resource Manager e. Agricultural Resource Coordinator f. See Attachment 4 Vacant Staff Positions: Environmental Resources Program a. Environmental Specialist b. Water Quality Specialist c. Air Quality Specialist Natural Resources Program d. Natural Resource Specialist e. Technician* Agricultural Program f. Agricultural Specialist *Job Description Developed BACKGROUND Zia Pueblo sits atop a mesa overlooking the Jemez River forty-five miles west-southwest of Santa Fe and 17 miles east of Bernalillo, New Mexico. It is one ofthe seven Pueblo Indian communities in New Mexico in which the ancient Keres language is spoken. The people of Zia believe that their ancestors left the Mesa Verde region and founded Zia about eight hundred years ago. In the 1500s, the Spanish explored New Mexico and claimed the province for Spain. They called the Pueblo and the surrounding communities "Los Pumames," or "People of the West." 4 The Spanish established churches among the Pueblos, including Zia, and attempted to eliminate the traditional religious practices of the Pueblo. This included the Pueblo undergoing intensive labor and paying tribute to them. In 1680, the Pueblo Indians rebelled and forced the Spanish to flee. Zia fared especially badly as the Spanish later regained control. In 1688, Spanish soldiers destroyed Zia and killed 600 residents, and took 70 others to El Paso. They were held captive for ten years, when Don Diego de Vargas successfully reconquered the Pueblos in 1692, he found the Pueblo deserted but learned that survivors were living as refugees at other pueblos. He negotiated a peace settlement that brought the people back to Zia. In the late 1500s, the population was estimated to be 5,000 but by the 1690s it had shrunk to 300. Due to smallpox epidemics and other causes the population declined further, and by the 1890s only about 100 people remained. Today, Zia is home to 910 people. Today, the Pueblo still uses its traditional style of selecting its leadership for both the sacred and secular. The Governor and Lt. Governor are the appointed executive officials who oversee all departments of the Pueblo Government. They include the Department of Environment, Tribal Development, Education and Administrative Services to name a few. Each department employs a director and several staff working under the direct supervision of the Director of Operations who takes direction from the Governors. The Pueblo Council is comprised of any male over the age of 18. They meet frequently to review and pass an operational budget, and enact resolutions and laws to help keep order for the Pueblo. This is all done in keeping with the traditions and customs of the Pueblo. The Pueblo calls over 172,000 acres of land home. The land ranges from the Pueblo proper sitting above the Jemez River to the canyon walls ofBorrego Pass to the north. There are a few dry plateaus, but the land still grows plenty of vegetation for ranching and other livestock. Additionally, there are hot springs to the northwest and a gypsum mine that helps provide revenue to the Pueblo. In all, the land is known for its beauty as witnessed by the several film productions choosing Zia Pueblo. Like many other Pueblos, Zia Pueblo is known for its artisans. The arts range from the traditional pottery to canvas paintings of both a traditional and modern aesthetic. The Pueblo continues to grow in numbers and acreage and looks forward to expanding its operations for monitoring its people and the land. The Pueblo of Zia Environmental Department assumes primary responsibility for managing all Clean Water Act and Clean Air Act programs. The Pueblo of Zia Environmental Department has grant management experience in the Indian General Assistant Program (GAP) grant, Clean Water Act Section 106 and Clean Air Act Section 103 grants. Capacity will be built to reflect the competency needed to run and manage future environmental programs. The Pueblo is applying for treatment in a manner similar to a state in order to implement an Air Pollution Planning and Control program. This program will help the Pueblo begin to inventory and monitor the Air
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