(a) The Regional Administrator will treat a Tribe or Intertribal Consortium as eligible to apply for an Indoor Radon Grant if the Tribe or each member of the Intertribal Consortium:
- (1) Is recognized by the Secretary of the Interior;
- (2) Has an existing government exercising substantial governmental duties and powers;
- (3) Has adequate authority to carry out the grant activities; and,
- (4) Is reasonably expected to be capable, in the Regional Administrator's judgment, of administering the grant program.