Mississippi Band of Choctaw Indians Treatment in Similar Manner as State CAA Application
The Mississippi Band of Choctaw Indians (MBCI) has applied to the U.S. Environmental Protection Agency, Region 4 for Treatment in a Similar Manner as a State (TAS) for administrative and notification purposes under the Clean Air Act (CAA) as allowed by CAA Section 301(d) and EPA regulations at 40 CFR part 49. The Tribe is seeking determination that it meets the eligibility requirements for TAS under 40 CFR § 49.6 for purposes of CAA Sections 105, 107(c), 107(d), 110(a)(2)(D)(i), 126(a), 319, and 505(a)(2).
When a tribe submits a CAA TAS application covering reservation lands, the tribe must include a description of the exterior boundaries of those lands as required by 40 CFR § 49.7(a)(3). The Clean Air Act authorization sought by the MBCI would pertain to the following tracts acquired by the United States in trust for the Tribe:
- 3.8 acres in Noxubee County on Highway 490 near Butler Road
- 7.56 acres in Kemper County, in and next to the town of DeKalb
- 100 acres in Jackson County along Highway 57 near Interstate 10
- 219 acres in Winston County, one tract known as the Crystal Ridge Community and two other tracts in the town of Louisville
- 602 acres in Attala and Leake counties along Highway 35
- 712 acres in Jones County, known as the Bogue Homa Community
- 876 acres in Carroll County, known as the Malmaison Property
- 1,470 acres in Leake County, known as the Standing Pine Community
- 1,484 acres in Neshoba County, known as the Tucker Community
- 1,596 acres in Leake County, known as the Red Water Community
- 4,244 acres in Newton and Scott counties, known as the Conehatta Community
- 6,873 acres in Kemper, Neshoba, and Winston counties, known as the Bogue Chito Community and Nanih Waiya
- 15,444 acres in Leake and Neshoba counties, known as the Pearl River Community
More specific information about the affected reservation land is contained in the Mississippi Band of Choctaw Indians Treatment as an Affected State Status Application (pdf) . Land records, including property deeds and Title Status Reports, may be obtained by contacting MBCI Staff Attorney Will Holley at (601) 562-5009, or william.holley@choctaw.org.
EPA has not reached a decision on the Tribe’s TAS application. Comments will be accepted until December 29, 2023. Under 40 CFR § 49.9(d), comments must be limited to the scope of the Tribe’s jurisdictional assertion and should clearly explain the substance, basis, and extent of any objection. Comments may be submitted via email to Anthony Toney at toney.anthony@epa.gov or via mail to:
Grants Management & Strategic Planning Office Section
Air & Radiation Division Environmental Protection Agency
61 Forsyth Street, S.W. Atlanta, Georgia 30303-8960
Attn: Anthony Toney