MOHEGAN
TRIBE
OF
INDIANS
OF
CONNECTICUT
REQUEST
FOR
ELIGIBILITY
DETERMINATION
AND
CLEAN
AIR
ACT
PROGRAM
APPROVAL
I.
INTRODUCTION
The
1990
Amendments
to
the
Clean
Air
Act
authorize
the
Environmental
Protection
Agency
(
EPA)
to
treat
Indian
tribes
in
the
same
manner
as
states
for
the
purpose
of
delegating
federal
programs
and
issuing
grants
(
42
USC
§
7601(
d)(
2)
and
§
7602
(
r)).
The
EPA
has
promulgated
regulations
to
provide
for
the
implementation
of
these
Amendments
at
40
CFR
Part
49.
This
application
is
submitted
pursuant
to
those
regulations
and
to
specifically
address
the
"
Request
by
an
Indian
tribe
for
eligibility
determination
and
Clean
Air
Act
program
approval."
described
at
40
CFR
§
49
.7.

The
Mohegan
Tribe
of
Indians
of
Connecticut
(
Mohegan
Tribe
or
Tribe)
is
applying
under
the
Clean
Air
Act
for
approval
to
administer
a
Tribal
Implementation
Plan
(
TIP)
for
the
control
of
Nitrogen
Oxides
(
NOx)
emissions
from
certain
stationary
sources
located
within
the
external
boundaries
of
the
Mohegan
Indian
Reservation.
The
Mohegan
Indian
Reservation
is
located
in
an
area
that
is
currently
classified
as
an
area
of
"
serious"
non­
attainment
for
the
1­
hour
National
Ambient
Air
Quality
Standards
(
NAAQS)
for
ozone.
The
Tribe
has
responded
by
enacting
a
"
Mohegan
Area
Wide
NOx
Emission
Limitation
Regulation"
(
NOx
Regulation)
to
control,
monitor,
and
manage
applicable
stationary
sources
of
Nitrogen
Oxide
emissions
owned
and
operated
by
the
Mohegan
Tribal
Gaming
Authority
and
located
on
the
Reservation.
l
II.
INFORMATION
REQUIRED
UNDER
40
CFR
PART
49.7
1
.
A
STATEMENT
THAT
THE
APPLICANT
IS
AN
INDIAN
TRIBE
RECOGNIZED
BY
THE
SECRETARY
OF
THE
INTERIOR
(
40
CFR
49.7(
1))

On
March
15,
1994
the
Secretary
of
the
Interior
published
a
notice
of
final
detennination
that
the
Tribe
was
recognized
by
the
United
States
as
an
Indian
Tribe
within
the
meaning
of
federal
Law
(
59
FR
12140).
2
The
Mohegan
Tribe
also
appears
on
the
list
of
federally
recognized
Tribes
titled
"
Indian
Entities
Recognized
and
Eligible
to
Receive
Services
from
the
United
States
Bureau
of
Indian
Affairs"
published
periodically
by
the
Bureau
of
'
A
copy
of
the
Tribal
Ordinance
adopting
the
NOx
Regulations
is
attached
at
Tab
1
.
z
A
copy
of
the
Federal
Notice
is
attached
at
Tab
2.
Additional
background
information
regarding
the
Mohegan
Tribe,
its
government,
history
and
tribal
programs
and
services
can
be
found
at
the
Tribe's
official
website
:
www.
mohegan
.
nsn.
us.
Indian
Affairs
in
the
Federal
Register
.
This
list
was
last
updated
on
12/
05/
2003,
68
Fed.
Reg.
68180.3
2.
A
DESCRIPTIVE
STATEMENT
DEMONSTRATING
THAT
THE
APPLICANT
IS
CURRENTLY
CARRYING
OUT
SUBSTANTIAL
GOVERNMENTAL
DUTIES
AND
POWERS
OVER
A
DEFINED
AREA
(
40
CFR
49.7(
2))
.

(
i)
A
DESCRIPTION
OF
THE
TRIBE'S
FORM
OF
THE
TRIBAL
GOVERNMENT.
(
40
CFR
49.7(
2)
(
i)).

The
Mohegan
Tribe
has
a
constitutional
form
of
government
that
consists
of
an
elected
Tribal
Council,
comprised
of
nine
members
and
an
elected
Council
of
Elders,
consisting
of
seven
members
(
Mohegan
Constitution
(
Constitution),
Article
IV
"
Governing
Bodies",
Section
1,
p.
2
and
Article
VI
"
Elections",
Sections
1­
3,
pp.
5­
7).
4
In
addition,
the
Tribal
Council
has
established
a
separate
entity,
the
Mohegan
Tribal
Gaming
Authority
("
MTGA"),
to
which
it
has
delegated
all
of
its
"
governmental
and
proprietary
powers"
over
gaming
activities.
The
MTGA
is
governed
by
a
Management
Board
consisting
of
the
nine
members
of
the
Tribal
Council.

The
Flow
Chart
attached
to
this
Applications
generally
depicts
the
structure
of
the
Mohegan
Tribal
government.
At
the
top
of
the
Chart
is
the
Tribal
Council
that
is
responsible
for
most
of
the
Tribe's
day­
to­
day
tribal
governmental
operations
.
The
Tribal
Council,
under
Constitution
Article
IX,
Sections
1
and
2,
exercises
all
legislative
and
executive
duties
not
granted
under
the
Constitution
to
the
Council
of
Elders.
The
Tribal
Council's
powers
include
establishing
all
tribal
departments,
establishing
a
court
system,
enacting
ordinances
and
resolutions
governing
tribal
members
activities,
regulating
all
business
and
commercial
activities
on
the
reservation,
approving
tribal
budgets
and
entering
to
contracts
with
all
persons
and
entities
doing
business
with
the
Tribe
.
See,
Constitution,
Art.
IX,
Section
2.

Also
at
the
top
of
the
Flow
Chart
is
the
Council
of
Elders,
a
governing
body
of
the
Tribe
whose
duties
and
powers
under
the
Constitution
fall
into
four
specific
areas
:
judicial
review
authority
(
Art.
X,
Sec.
1);
cultural/
traditional/
religious
responsibilities
(
Art.
X,
Sec.
2
(
c),
(
d),
(
e)
and
(
h)
;
enrollment
(
Art.
X,
Sec.
2(
j);
and
amendment
of
the
Tribal
Constitution
(
Art.
X,
Sec.
2
(
K),
(
1)
.
The
Council
of
Elders
has
been
designated
as
the
highest
appellate
court,
or
Supreme
Court,
of
the
Mohegan
Tribal
Court.

A
third
entity
that
exists
within
the
Mohegan
governmental
structure
is
the
MTGA­
the
Mohegan
Tribal
Gaming
Authority.
When
the
Tribe
negotiated
its
Gaming
Compact
with
the
State
of
Connecticut
and
secured
financing
for
construction
of
the
Mohegan
Casino,
it
was
necessary
to
amend
the
Tribal
Constitution
to
create
a
separate
legal
entity,

3
A
copy
of
this
listing
is
attached
at
Tab
3.
4
A
copy
of
the
Tribe's
Constitution
is
attached
at
Tab
4.
5
See
Tab
5
which
is
a
fold­
out
Organizational
Chart.
the
MTGA,
to
own
and
operate
the
Tribe's
gaming
enterprise,
the
Mohegan
Sun
Casino
.
See,
Constitution,
Art
.
XIII.

Pursuant
to
the
Constitution,
the
Tribe
has
delegated
to
the
MTGA
all
of
the
Tribe's
"
governmental
and
proprietary"
authority
over
"
the
development,
construction,
operation,
promotion,
regulation
and
licensing
of
gaming"
(
Constitution,
Article
XIII,
Section
1).
While
"
governmental"
powers
include
"
regulation
of
gaming"
the
scope
of
the
authority
delegated
does
not
include
regulation
of
environmental
matters
associated
with
the
gaming
enterprise
.
As
further
defined
in
the
Tribal
Ordinance
establishing
the
MTGA,
Ordinance
95­
2,
regulation
of
gaming
only
includes
functions
specifically
related
to
the
gaming
facility,
such
as
conducting
background
checks,
issuing
and
revoking
licenses,
and
generally
overseeing
the
integrity
of
the
gaming
operation.
Under
95­
2
these
are
to
be
carried
out
by
the
Director
of
Regulation
separate
and
apart
from
the
MTGA.
The
respective
duties
and
responsibilities
of
the
Board,
the
Manager
and
the
Director
of
Regulation
are
outlined
in
the
Tribal
Gaming
Ordinance,
94­
1
and
in
the
Ordinance
establishing
the
MTGA,
MTO
Ordinance
95­
2.6
The
MTGA
Management
Board
(
comprised
of
the
nine­
member
Tribal
Council)
is
responsible
for
the
day­
to­
day
operation
of
the
gaming
enterprise
.
The
General
Manager
of
the
enterprise,
who
is
appointed
by
the
MTGA
Management
Board,
is
the
chief
executive
officer
of
the
Casino
operations.
Together,
the
Management
Board
and
the
General
Manager
are
responsible
for
all
operational
aspects
of
the
tribal
casino
except
regulatory
functions
.

The
Tribe's
judicial
system
is
bifurcated
between
gaming
and
non­
gaming
activities.
The
Gaming
Disputes
Court
(
GDC),
created
pursuant
to
Article
XIII
of
the
Constitution,
has
"
exclusive
jurisdiction"
for
the
Tribe
"
over
all
disputes
arising
out
of
or
in
connection
with
the
Gaming."
This
jurisdiction
extends
specifically
to
all
disputes
arising
from
"
the
actions
of
the
Tribal
Gaming
Authority"
.
In
other
words
any
action
brought
against
the
MTGA
must
be
brought
in
the
GDC.
The
GDC
consists
of
a
trial
branch
(
a
Chief
Judge
and
three
associate
judges)
with
final
appeals
being
heard
by
an
appellate
court
consisting
of
the
three
trial
judges
who
did
not
hear
the
case.
7
The
GDC's
judges
are
subject
to
the
Tribe's
Ethics
Ordinance
(
see
discussion
at
p.
9,
infra)
;
and
are
insulated
from
any
potential
political
influence
since
the
Tribal
Constitution
requires
that
they
be
selected
from
a
list
of
"
eligible
retired
federal
judges"
or
"
Connecticut
Attorney
Trial
Referees".
The
Judges
are
appointed
for
terms
and
may
be
removed
only
for
cause.
Tribal
Constitution,
Art.
XIII,
Sec.
2.3
.

The
Mohegan
Tribal
Court,
established
by
the
Tribal
Council
under
the
Tribe's
Law
and
Order
Code,
is
the
court
of
general
jurisdiction
for
the
Tribe
and
handles
all
cases
that
arise
within
the
Tribe's
jurisdiction
that
do
not
fall
within
the
GDC's
jurisdiction
.
The
Tribal
Court
has
a
Chief
Judge
and
three
associate
judges
who
serve
as
trial
court
judges
°
Copies
of
these
documents
are
included
at
Tab
6.
7
Attached
at
Tab
7
is
the
Ordinance,
95­
4
establishing
the
GDC.
on
a
rotating
basis.
The
Tribal
Court
has
a
Court
of
Appeals
consisting
of
four
appellate
judges
.
The
Council
of
Elders
sits
as
the
Supreme
Court
of
the
Tribe
and
is
responsible
for
hearing
final
appeals.
See
Flow
Chart.

The
GDC
will
have
exclusive
jurisdiction
over
any
enforcement
actions
brought
against
the
MTGA
under
the
NOx
Regulations.
As
discussed
above,
even
though
the
MTGA
does
not
possess
regulatory
authority
over
the
air
program,
MTGA
is
the
owner
and
operator
of
the
NOx
emission
sources
that
would
be
the
subject
of
any
such
enforcement
action
.
Any
action
against
the
MTGA
in
any
capacity
must,
therefore,
be
brought
before
the
GDC
rather
than
the
Tribal
Court.

(
ii)
A
DESCRIPTION
OF
THE
TYPES
OF
GOVERNMENT
FUNCTIONS
CURRENTLY
PERFORMED
BY
THE
TRIBAL
GOVERNING
BODY
SUCH
AS,
BUT
NOT
LIMITED
TO,
THE
EXERCISE
OF
POLICE
POWERS
AFFECTING
(
OR
RELATING
TO)
THE
HEALTH,
SAFETY,
AND
WELFARE
OF
THE
AFFECTED
POPULATION;
TAXATION;
AND
THE
EXERCISE
OF
THE
POWER
OF
EMINENT
DOMAIN.
(
40
CFR
49.7
(
2)
(
ii)).

The
Mohegan
Tribal
Council
is
the
governing
body
for
the
Tribe
that
exercises
traditional
police
powers
affecting
the
health,
safety
and
welfare
of
the
Tribe
and
its
members.
Under
the
Constitution,
Article
IX,
Section
2,
the
Tribal
Council
has
been
granted
a
number
of
powers
including:
establishing
and
enforcing
rules,
consistent
with
applicable
federal
statutes
and
the
applicable
regulations
of
the
Secretary
of
the
Interior,
for
the
management
of
tribal
lands
(
Sec
.
2
(
j));
promoting
and
protecting
the
health,
peace,
morals
education
and
general
welfare
of
the
Tribe
and
its
members
(
Sec
.
2
(
1))
;
establishing
all
ordinances
governing
tribal
members,
including
but
not
limited
to,
ordinances
regarding
tribal
elections,
civil
and
criminal
jurisdiction
of
the
Mohegan
Tribal
Court
Systems,
the
civil
and
criminal
laws
of
the
Tribe
and
ordinances
providing
for
the
maintenance
of
law,
order
and
the
administration
of
justice
within
the
Mohegan
Reservation.
(
Sec.
2
(
n));
establishing
a
Tribal
Court
system.
(
Sec.
2
(
o));
and
levying
and
collecting
taxes
and
raise
revenue
to
meet
the
needs
of
the
Tribe
or
to
support
tribal
government
operations
(
Sec
.
2
(
s)).

Tribal
Departments
with
specific
regulatory
and
enforcement
authority
include:
the
Mohegan
Environmental
Protection
Department
("
MEPD")
will
be
regulating
and
enforcing
the
NOx
Regulations
and
TIP,
the
Environmental
Health
Department
(
Tribal
Health
Code),
the
Public
Safety
Department
(
Building
and
Safety
Codes);
the
Tribal
Employment
Rights
Office
(
Tribal
employment
preference
laws)
.
The
jurisdiction
of
these
Departments
covers
all
areas
within
the
Mohegan
Indian
Reservation
including
within
the
Mohegan
Sun
Casino.

While
the
MTGA
and
its
Management
Board
do
not
exercise
traditional
regulatory
authority
over
the
above
matters,
the
MTGA,
as
a
tribal
legislative
body
with
governmental
powers,
adopts
tribal
ordinances
such
as
the
Health
Code,
Safety
Code
and
NOx
Regulations
that
apply
with
the
gaming
facility
so
that
there
is
no
question
the
laws
will
be
applied
within
the
gaming
facility.
(
As
noted
above,
the
only
type
of
regulatory
authority
exercised
by
the
MTGA
pertains
to
gaming
regulation,
(
background
checks,
issuing
and
revoking
licenses,
and
generally
overseeing
the
integrity
of
the
gaming
operation),
all
of
which
is
performed
by
the
Director
of
Regulation.

(
iii)
SOURCE
OF
THE
TRIBAL
GOVERNMENT'S
AUTHORITY
TO
CARRY
OUT
THE
GOVERNMENTAL
FUNCTIONS
CURRENTLY
BEING
PERFORMED
(
40
CFR
49.7
(
2)
(
iii).

The
Mohegan
Tribe's
authority
to
carry
out
the
governmental
functions
it
currently
performs
emanates
from
several
sources.
One
source
is
the
organic
document
of
the
Tribe,
the
Mohegan
Tribal
Constitution,
adopted
by
the
members
of
the
Mohegan
Tribe
that
grants
the
authority
to
the
Tribal
Council
to
exercise
legislative
and
executive
powers.
A
second
source
is
the
inherent
sovereignty
of
the
Tribe
that
is
based
upon
the
principles
of
federal
law
that
tribes
retain
all
sovereignty
and
jurisdiction
over
their
lands
and
people
not
specifically
withdrawn
by
treaty
or
statute.
Worcester
v.
Georgia,
31
U.
S.
515
(
1832)
;
Montana
v.
United
States
,
450
U.
S.
544,
564
(
1981)
;
and
Merrion
v.
Jicarilla
Apache
Tribe,
455
U.
S.
130
(
1982)
.
While
courts
in
recent­
years
have
limited
tribal
sovereignty
over
matters
that
arise
on
non­
tribal
lands
and
that
involve
non­
Indians,
they
continued
to
recognize
tribal
sovereign
authority
over
"
their
members
and
their
territory"
and
for
matters
that
threaten
or
have
a
direct
effect
on
the
tribe
and
its
members.
See,
Atkinson
Trading
Company
v.
Shirley,
532
U.
S.
645
(
2001)
.

3.
DESCRIPTIVE
STATEMENT
OF
THE
INDIAN
TRIBE'S
AUTHORITY
TO
REGULATE
AIR
QUALITY.
(
40
CFR
49.7
(
3)).

(
i)
EXTERIOR
BOUNDARIES
OF
THE
MOHEGAN
INDIAN
RESERVATION
49.7
(
3)
(
I)).

The
Mohegan
Indian
Reservation
was
established
pursuant
to
the
Mohegan
Land
Settlement
Act
of
1994,
25
U.
S.
C.
§
1775.8
Pursuant
to
that
Act
and
Settlement
Agreements
that
the
Tribe
entered
into
with
the
State
of
Connecticut
and
the
Town
of
Montville,
an
"
initial
reservation"
was
established
for
the
Mohegan
Tribe
that
originally
consisted
of
approximately
242
acres
of
land
located
along
the
Thames
River
in
Uncasville,
and
a
139
acre
parcel
known
as
Fort
Shantok
State
Park.
Under
the
provisions
of
the
Settlement
Act,
the
Tribe
is
able
to
expand
it
initial
reservation
to
include
a
total
of
700
acres
of
lands,
all
of
which
is
to
be
located
in
the
Town
of
Montville.
Since
1994
the
Tribe
has
added
approximately
25
acres
of
land
that
are
held
in
trust
status
by
the
United
States
for
the
Tribe
and
currently
has
a
pending
trust
application
for
an
additional
82
acres.
At
present,
therefore,
the
Tribe
has
406
acres
of
trust
lands
(
242
+
139
(
Shantok)
+
25
added
since
1994)
over
which
it
has
jurisdiction
.
When
the
pending
application
is
approved
the
Tribe
will
have
jurisdiction
over
a
total
of
488
acres
of
trust
lands.
A
map
showing
Reservation
lands
is
attached
hereto
.
9
8
A
copy
of
the
Settlement
Act
is
at
Tab
8.
9
See
map
at
Tab
9.
(
ii)
STATEMENT
OF
LEGAL
AUTHORITY
(
49.7
(
3)
(
II))

The
source
of
the
Tribe's
authority
to
regulate
air
quality
though
this
TIP
is
its
inherent
sovereign
authority
and
jurisdiction
over
land,
water
and
air
resources,
Congress'
delegation
of
power
to
Indian
tribes
to
carry
out
certain
provisions
of
the
CAA
at
42
U.
S
.
C.
§
7601
and
the
Tribal
Authority
Rule
(
40
CFR
Part
49).
See,
also
response
to
2
(
iii)
above.
Copies
of
the
Tribal
Constitution,
MTO
Ordinance
94­
1
and
MTO
Ordinance
95­
2
are
attached
at
Tabs
4
and
6.

4.
CAPABILITY
OF
THE
APPLICANT
TO
ADMINISTER
EFFECTIVELY
ANY
CLEAN
AIR
ACT
PROGRAM
FOR
WHICH
THE
TRIBE
IS
SEEKING
APPROVAL.
(
40
CFR
49.7
(
4)).

(
i)
THE
MOHEGAN
TRIBE'S
PREVIOUS
MANAGEMENT
EXPERIENCE
OVER
ADMINISTRATION
OF
FEDERAL
PROGRAMS
AND
SERVICES.

The
Tribe
has
extensive
management
experience
over
administration
of
government
programs.
The
Tribe
administers
a
number
of
government
programs
including
the
following:
a
Public
Safety
Department
that
includes
a
Police,
Fire
and
Emergency
Medical
Services
;
a
Building
Code
and
Safety
Inspection
Department,
a
Utility
Authority,
a
Housing
Authority,
a
Public
Health
Department
and
a
Tax
Compliance
Office
.
The
Tribe
employs
over
300
persons
in
its
Tribal
Government
and
provides
services
to
over
1,500
persons
.
The
Tribe
receives
and
administers
federal
funds
for
its
Contract
Health
program,
administered
by
its
Public
Health
Department.

An
example
of
the
manner
in
which
the
Tribe
administers
programs
and
services
is
the
Tribal
Public
Health
Department.
This
Department
administers
the
Tribal
Code
and
Tribal
Food
Protection
Code
that
requires
inspections
of
all
food
establishments
and
compliance
with
public
health
regulations.
The
Tribal
Public
Health
Department
employs
a
staff
of
sanitarians
and
health
specialists
that
inspect
food
establishments
on
the
Mohegan
Reservation
to
ensure
compliance.
In
fact,
the
regular
inspections
by
the
Tribal
Health
Department
are
more
frequent
and
comprehensive
than
those
outside
the
Reservation.
With
the
initial
adoption
of
a
Tribal
Food
Protection
Code
in
1996
and
the
Tribal
Public
Health
Code
in
1997,
the
Tribal
Public
Health
Department
has
established
an
outstanding
record
of
enforcement
of
tribal
regulations
and
has
managed
the
expansion
of
their
program
with
the
adoption
in
2001
of
the
Child
Day
Care
Center
Code
and
Tribal
Spa
and
Salon
Code.

On
a
regular
basis
the
Tribal
Public
Health
Department
inspects
entities
under
its
jurisdiction
for
compliance
with
all
relevant
health
regulations.
These
inspections
include
the
food
establishments
for
compliance
with
the
Tribal
Food
Protection
Code,
the
hotel
swimming
pool
and
spa
for
compliance
with
the
Tribal
Spa
and
Salon
Code
(
including
licensure
of
beauticians
and
nail
technicians),
the
Mohegan
Day
Care
Center
for
compliance
with
the
Child
Day
Care
Center
Code
and
all
entities
for
compliance
with
the
Tribal
Public
Health
Code.
The
regulations
contain
reporting
requirements
and
may
warrant
Notices
of
Violation(
s)
or
Cease
and
Desist
Orders,
depending
on
the
severity
of
the
violation.
The
regulations
also
allow
for
an
administrative
hearing
(
due
process)
and
the
right
to
appeal
to
the
Gaming
Disputes
Court.

Similar
processes
apply
for
the
administration
of
the
Tribal
Fire
Safety
Code,
the
Tribal
Building
Code,
the
Tribal
Safety
Code,
the
Motor
Vehicle
Code,
the
Tribal
Gaming
Ordinance
(
regarding
the
granting
and
revoking
of
gaming
licenses)
and
the
Tribal
Taxation
Code.

(
ii)
LIST
OF
EXISTING
ENVIRONMENTAL
OR
PUBLIC
HEALTH
PROGRAMS
ADMINISTERED
BY
THE
TRIBE
AND
A
COPY
OF
RELATED
TRIBAL
LAWS,
POLICIES,
AND
REGULATIONS.

Attached
to
this
Application
is
a
list
of
Tribal
environmental
and
public
health
programs
and
an
index
of
tribal
laws,
policies
and
regulations
related
thereto.
10
(
iii)
A
DESCRIPTION
OF
THE
ENTITY
(
OR
ENTITIES)
THAT
EXERCISE
THE
EXECUTIVE,
LEGISLATIVE,
AND
JUDICIAL
FUNCTIONS
OF
THE
MOHEGAN
TRIBAL
GOVERNMENT.

This
is
described
above
in
Section
(
2)
(
i)
(
a)
­
(
e)
and
is
also
shown
on
the
Flow
Chart
attached
at
Tab
4
:

(
iv)
A
DESCRIPTION
OF
THE
EXISTING,
OR
PROPOSED,
AGENCY
OF
THE
INDIAN
TRIBE
THAT
WILL
ASSUME
PRIMARY
RESPONSIBILITY
FOR
ADMINISTERING
A
CLEAN
AIR
ACT
PROGRAM
(
INCLUDING
A
DESCRIPTION
OF
THE
RELATIONSHIP
BETWEEN
THE
EXISTING
OR
PROPOSED
AGENCY
AND
ITS
REGULATED
ENTITIES).

The
tribal
agency
that
will
administer
the
subject
Clean
Air
Act
program
is
the
Mohegan
Environmental
Protection
Department
(
MEPD)
that
was
established
by
the
Tribal
Council
in
2002
by
Tribal
Ordinance
(
Ordinance
No
.
2002­
12)
.11
The
MEPD
currently
consists
of
one
staff
member,
the
MEPD
Administrator,
who
is
responsible
for
administering
the
Tribal
NOx
Regulations
and
TIP.
In
particular,
as
set
forth
in
Section
3
of
the
MEPD
Ordinance,
the
Administrator
is
responsible
for:
developing
standards
and
guidance
to
protect
the
Tribe's
air,
land,
water
and
other
natural
resources;
promulgating
rules
and
regulations
for
the
purpose
of
compliance
with
the
Tribal
Implementation
Plan;
monitoring
compliance
and
enforcement
of
the
TIP;
consulting
with
agencies
regarding
permitting
process
and
seek
resolution
of
non­
compliance
issues
;
and
administering
other
Tribal
environmental
programs
such
as
fuel
cell
and
recycling.
Ordinance
2002­
12,
Section
3
A.
­
E.

The
Administrator
has
specific
enforcement
authority
under
Section
4
of
the
MEPD
Ordinance.
Under
that
Section
the
Administrator
has
authority
to:
enforce
the
Department's
environmental
and
natural
resource
rules
and
regulations
approved
by
the
'
°
See
Tab
10.
"
A
copy
of
the
Ordinance
is
at
Tab
11
.
Tribal
Council
(
Sec
.
4(
A))
;
promulgate,
for
approval
by
the
Tribal
Council,
reasonable
and
appropriate
enforcement
policies
and
procedures
and
implement
such
policies
and
procedures
as
provided
in
tribal
regulations
enacted
for
such
purposes
(
Sec.
4(
B));
and
promulgate
for
approval
by
the
Tribal
Council
a
schedule
of
civil/
criminal
penalties
to
be
assessed
for
violation
of
the
Department's
rules
and
regulations
(
Sec.
4(
C)).

The
MEPD
began
operations
upon
passage
of
the
original
Ordinance
and
appointment
of
the
MEPD
Administrator
(
Administrator
accepted
the
appointment
June
1,
2001,
retroactive
to
April
2,
2001).

The
principal
function
of
the
MEPD,
at
least
initially,
is
to
administer
the
TIP,
in
particular,
to
ensure
compliance
with
the
reservation­
wide
limit
on
total
Nitrogen
Oxides
(
NOx)
emissions
from
stationary
sources
owned
and
operated
by
the
MTGA
located
on
the
Mohegan
Indian
Reservation.
In
its
inventory,
the
Tribe
has
identified
potential
emission
sources
in
particular
the
life­
safety
emergency
back­
up
Diesel
generators
operated
by
the
MTGA
at
the
Mohegan
Sun
Casino.

As
can
be
seen
from
the
Flow
Chart
the
MEPD
is
a
completely
separate
entity
from
the
MTGA
operations
.
The
"
NOx
emission
units
subject
to
the
NOx
Regulation"
are
operated
by
the
MTGA
engineering
department
that
is
under
the
supervision
and
authority
of
the
MTGA
Management
Board
and
more
specifically,
the
General
Manager
of
the
Casino.

(
v)
A
DESCRIPTION
OF
THE
TECHNICAL
AND
ADMINISTRATIVE
CAPABILITIES
OF
THE
STAFF
TO
ADMINISTER
AND
MANAGE
AN
EFFECTIVE
AIR
QUALITY
PROGRAM
OR
A
PLAN
WHICH
PROPOSES
HOW
THE
TRIBE
WILL
ACQUIRE
ADMINISTRATIVE
AND
TECHNICAL
EXPERTISE.
THE
PLAN
SHOULD
ADDRESS
HOW
THE
TRIBE
WILL
OBTAIN
THE
FUNDS
TO
ACQUIRE
THE
ADMINISTRATIVE
AND
TECHNICAL
EXPERTISE.

The
MEPD
staff
consists
of
an
Administrator
who
is
responsible
for
the
day­
to­
day
management
of
the
MEPD
and
all
of
its
programs.
MEPD's
offices
are
located
in
the
Mohegan
Tribal
governments
building
on
the
Reservation
and
it
is
able
to
utilize
all
tribal
resources,
including
the
Tribe's
finance,
legal
departments
and
also
tribal
clerical
support
staff.

The
MEPD
utilizes
outside
consultants
to
perform
some
of
the
technical
work
that
is
required
under
its
NOx
program.
The
MEPD
has
utilized
two
firms,
Research
Center,
Inc.
and
TRC,
Inc
.
to
assist
in
monitoring
emission
estimates
and
actual
measurements,
tracking
of
fuel
use
and
data
interpretation,
demand
and
generation
assessment,
energy
conservation,
and
emission
forecasting
monitoring
of
fuel
use
with
respect
to
the
boilers
and
generator
operated
by
the
MTGA.

Funding
for
MEPD
is
provided
by
the
Tribal
Council
through
an
annual
budget
process
that
applies
to
all
tribal
governmental
departments
.
Ordinance
2002­
12
provides
that
the
Tribal
Council,
at
a
minimum,
provide
adequate
funding
to
allow
the
MEPD
to
properly
manage
and
administer
any
program
taken
over
by
the
Tribe
from
the
EPA.
Provided
that
it
obtains
Tribal
Council
approval,
the
MEPD
plans
to
increase
its
staff
over
time
to
include
up
to
four
additional
staff
persons
to
work
on
Tribal
environmental
issues
.

III.
ADDITIONAL
TRIBAL
IMPLEMENTATION
ACT
INFORMATION
A.
CLEAN
AIR
ACT
SECTION
110
(
A)
(
2)
(
E)

Section
110
(
A)
(
2)
(
E)
of
the
Clean
Air
Act
requires
the
Tribe
to
provide
necessary
assurances
that
it
will
have
adequate
personnel,
funding,
and
authority
to
carry
out
such
implementation
plan.
As
discussed
above
in
Section
11.,
4
(
v),
the
MEPD
will
be
adequately
staffed
and
funded
by
the
Tribe
and
it
has
authority
to
carry
out
its
implementation
plan.

1
.
Personnel
The
MEPD
Administrator's
position
is
required
under
the
Tribe's
job
description
to
have
technical
and
administrative
experience
in
administering
environmental
programs.
The
MEDP
office
is
supported
by
the
Tribal
government
and
has
full
access
to
tribal
clerical
staff;
and
the
Tribe's
legal
and
finance
departments.
12
In
addition,
the
MEPD
has
utilized
private
consulting
firms
where
needed
to
assist
in
monitoring
emission
estimates
and
actual
measurements,
tracking
of
fuel
use
and
data
interpretation,
demand
and
generation
assessment,
energy
conservation,
and
emission
forecasting
monitoring
of
fuel
use
with
respect
to
the
MTGA
boilers
and
generators.

2.
Funding
The
Mohegan
Tribal
Council
has
included
in
the
Ordinance
establishing
the
MEPD
a
commitment
to
funding
the
Department,
Sec.
6
of
Ordinance
2002­
12.
The
Tribal
Council
has
continued
to
provide
funding
in
the
Tribal
Budget
for
the
MEPD.

3.
Authority/
Enforcement
In
general,
the
MEPD
has
the
authority
to
enforce
the
Department's
environmental
and
natural
resource
rules
and
regulations
approved
by
the
Tribal
Council
(
Ordinance
2002­
12,
Sec.
4
(
A))
.
;
promulgate,
for
approval
by
the
Tribal
Council,
reasonable
and
appropriate
enforcement
policies
and
procedures
and
implement
such
policies
and
procedures
as
provided
in
tribal
regulations
enacted
for
such
purposes
(
Ordinance
2002­
12,
Sec.
4(
B));
and
promulgate
for
approval
by
the
Tribal
Council
a
schedule
of
civil/
criminal
penalties
to
be
assessed
for
violation
of
the
Department's
rules
and
regulations
(
Ordinance
2002­
12,
Sec.
4(
C)).

12
A
copy
of
the
Job
Position
description
is
at
Tab
12
.
For
purposes
of
the
TIP,
the
Administrator
has
already
promulgated,
with
Tribal
Council
approval,
a
schedule
of
penalties
of
violations
of
NOx
Regulation
and
has
authority
to
bring
suit
in
the
GDC
for
violation
of
the
NOx
Regulation
resulting
in
a
judicial
order
imposing
penalties
and/
or
injunctive
relief.
13
B.
CLEAN
AIR
ACT
­
SECTION
128.

The
Mohegan
Tribe
has
adopted
a
Tribal
Ethics
Ordinance,
MTO
2002­
01,
that
meets
the
criteria
set
forth
in
CAA
§
128
.14
The
Ethics
Ordinance
establishes
strict
standards
of
conduct
that
apply
to
all
elected
and
appointed
tribal
officials.
Standard
B
prohibits
conflicts
of
interest,
Standard
C
prohibits
use
of
office
for
private
gain,
Standard
D
prohibits
disclosure
of
confidential
information,
Standard
E
restricts
officials
from
having
incompatible
interests
or
employment
and
Standard
F
establishes
a
procedure
for
officials
to
abstain
or
recuse
themselves
from
decisions
in
which
they
may
have
personal
interest
.
The
Ethics
Ordinance
applies
to
Mohegan
Tribal
Judges,
including
the
Gaming
Disputes
Court
Judges
who
have
responsibility
under
the
NOx
Regulation
to
issue
final
orders
imposing
penalties
and/
or
injunctive
relief.

"
A
copy
is
attached
at
Tab
13
.
ta
A
copy
is
attached
at
Tab
14
.

10
Exhibit
1
.
Mohegan
Tribal
Ordinance
2005­
1
.
The
Mohegan
Tribe
Tribal
Air
Program
Area
wide
NOx
Emission
Limitation
Regulation.
Exhibit
2
.
Federal
Notice.
Final
Determination
That
the
Mohegan
Tribe
of
Connecticut,
Inc.,
Does
Exist
as
an
Indian
Tribe
.
Exhibit
3
.
Bureau
of
Indian
Affairs.
Indian
Entities
Recognized
and
Eligible
To
Receive
Services
From
the
United
States
Bureau
of
Indian
Affairs
;
Notice
Exhibit
4.
The
Mohegan
Tribe
of
Indians
of
Connecticut
Amended
Constitution
.

Exhibit
5
.
Organizational
Chart.

Exhibit
6
.
Mohegan
Tribal
Ordinance
94.1
.
An
Ordinance
to
Regulate
and
Provide
for
the
Licensing
of
Class
II
and
Class
III
Gaming
on
Tribal
Lands
of
the
Mohegan
Tribe
of
Indians
of
Connecticut.
Mohegan
Tribal
Ordinance
95.2.
An
Ordinance
Establishing
the
Mohegan
Tribal
Gaming
Authority.
Exhibit
7.
Mohegan
Tribal
Ordinance
95­
4.
An
Ordinance
Establishing
the
Gaming
Disputes
Court.

Exhibit
8.
PL
103­
377
(
HR
4653)
October
19,
1994
Mohegan
Nation
of
Connecticut
Land
Claims
Settlement
Act
of
1994.

Exhibit
9.
Map
of
Reservation,
and
legal
descriptions
of
trust
lands.

Exhibit
10.
Index
of
Tribal
Laws.

Exhibit
11
.
Mohegan
Tribal
Ordinance
200­
12
.
Mohegan
Environmental
Protection
Department.

Exhibit
12.
Mohegan
Environmental
Protection
Department
Administrator.

Exhibit
13
.
Resolution
No
.
2005­
16.

Exhibit
14.
Mohegan
Tribal
Ordinance
2002­
01
.
Mohegan
Tribal
Ethics
Ordinance
.
