Federal Register: September 9, 2005 (Volume 70, Number 174)

DOCID: FR Doc 05-17914

SUBJECT CATEGORY:

List of Programs Eligible for Inclusion in Fiscal Year 2006 Funding Agreements To Be Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs

DATES: This notice expires on September 30, 2006.

DOCUMENT SUMMARY:

This notice lists programs or portions of programs that are eligible for inclusion in Fiscal Year 2006 funding agreements with selfgovernance tribes and lists programmatic targets for each of the nonBIA bureaus, pursuant to section 405(c)(4) of the Tribal Self Governance Act.

SUMMARY:

Funding agreements (2006 FY); program eligibility list,

SUPPLEMENTAL INFORMATION

I. Background

Title II of the Indian SelfDetermination Act Amendments of 1994 (Pub. L. 103413, the ``Tribal SelfGovernance Act'', or the ``Act'') instituted a permanent selfgovernance program at the Department of the Interior (DOI). Under the selfgovernance program certain programs, services, functions, and activities, or portions thereof, in Interior bureaus other than BIA are eligible to be planned, conducted, consolidated, and administered by a selfgovernance tribal government.

Under section 405(c) of the Tribal SelfGovernance Act, the Secretary of the Interior is required to publish annually: (1) A list of nonBIA programs, services, functions, and activities, or portions thereof, that are eligible for inclusion in agreements negotiated under the selfgovernance program; and (2) programmatic targets for these bureaus.

Under the Tribal SelfGovernance Act, two categories of nonBIA programs are eligible for selfgovernance funding agreements: (1) Under section 403(b)(2) of the Act, any nonBIA program, service, function or activity that is administered by Interior that is ``otherwise available to Indian tribes or Indians,'' can be administered by a tribal government through a selfgovernance funding agreement. The Department interprets this provision to authorize the inclusion of programs eligible for selfdetermination contracts under Title I of the Indian SelfDetermination and Education Assistance Act (P.L. 93638, as amended). Section 403(b)(2) also specifies ``nothing in this subsection may be construed to provide any tribe with a preference with respect to the opportunity of the tribe to administer programs, services, functions and activities, or portions thereof, unless such preference is otherwise provided for by law.''
(2) Under section 403(c) of the Act, the Secretary may include other programs, services, functions, and activities or portions thereof that are of ``special geographic, historical, or cultural

significance'' to a selfgovernance tribe.

Under section 403(k) of the Tribal SelfGovernance Act, funding agreements cannot include programs, services, functions, or activities that are inherently Federal or where the statute establishing the existing program does not authorize the type of participation sought by the tribe. However, a tribe (or tribes) need not be identified in the authorizing statutes in order for a program or element to be included in a selfgovernance funding agreement. While general legal and policy guidance regarding what constitutes an inherently Federal function exists, we will determine whether a specific function is inherently Federal on a casebycase basis considering the totality of
circumstances.

Response to Comments

The Department provided the proposed list to the selfgovernance tribes on April 18, 2005 for their review and comment. No comments were received. Several minor editorial and technical changes provided by Interior's bureaus were incorporated.
II. Funding Agreements Between SelfGovernance Tribes and NonBIA Bureaus of the Department of the Interior
A. Bureau of Land Management (none)
B. Bureau of Reclamation (4)

Gila River Indian Community

Karuk Tribe of California

Duckwater Shoshone Tribe of Nevada

Yurok Tribe
C. Minerals Management Service (none)

D. National Park Service (4)

Grand Portage Band of Lake Superior Chippewa Indians

Lower Elwha S'Klallam Tribe

Tanana Chiefs Conference, Inc.

Yurok Tribe
E. Office of Surface Mining and Reclamation Enforcement (none) F. U.S. Fish and Wildlife Service (2)

Council of Athabascan Tribal Governments

Confederated Salish and Kootenai Tribes of the Flathead Reservation G. U.S. Geological Survey (none)
H. Office of the Special Trustee for American Indians (three)

Cherokee Nation of Oklahoma

Confederated Salish and Kootenai Tribes of the Flathead Reservation

Wyandotte Tribe of Oklahoma
III. Eligible Programs of the Department of the Interior NonBIA Bureaus

Below is a listing by bureau of the types of nonBIA programs, or portions thereof, that may be eligible for selfgovernance funding agreements because they are either ``otherwise available to Indians'' under Title I and not precluded by any other law, or may have ``special geographic, historical, or cultural significance'' to a participating tribe. The lists represent the most current information on programs potentially available to tribes under a selfgovernance funding agreement.

The Department will also consider for inclusion in funding agreements other programs or activities not included below, but which, upon request of a selfgovernance tribe, the Department determines to be eligible under either sections 403(b)(2) or 403(c) of the Act. Tribes with an interest in such potential agreements are encouraged to begin discussions with the appropriate nonBIA bureau.
A. Eligible Programs of the Bureau of Land Management (BLM)

BLM management responsibilities cover a wide range of areas, such as recreational activities, timber, range and minerals management, wildlife habitat management and watershed restoration. In addition, BLM is responsible for the survey of certain Federal and tribal lands. Two programs provide tribal services: (1) Tribal and allottee minerals management; and (2) Survey of tribal and allottee lands.

BLM carries out some of its activities in the management of public lands through contracts and cooperative agreements. These and other activities, dependent upon availability of funds, the need for specific services, and the selfgovernance tribe demonstrating a special geographic, cultural, or historical connection, may also be available for inclusion in selfgovernance funding agreements. Once a tribe has made initial contact with BLM, more specific information will be [[Page 53681]]
provided by the respective BLM State office.

Tribal Services

1. Minerals Management. Inspection and enforcement of Indian oil and gas operations, and inspection, enforcement and production verification of Indian coal and sand and gravel operations are already available for contracts under Title I of the Act and therefore may be available for inclusion in a funding agreement.

2. Cadastral Survey. Tribal and allottee cadastral survey services are already available for contracts under Title I of the Act and therefore may be available for inclusion in a funding agreement. Other Activities

1. Cultural Heritage. Cultural heritage activities, such as research and inventory, may be available in specific states.

2. Forestry Management. Activities such as environmental studies, tree planting, thinning, and similar work, may be available in specific states.

3. Range Management. Activities, such as revegetation, noxious weed control, fencing, construction and management of range improvements, grazing management experiments, range monitoring, and similar activities, may be available in specific states.

4. Riparian Management. Activities, such as facilities construction, erosion control, rehabilitation, and similar activities, may be available in specific states.

5. Recreation Management. Activities, such as facilities construction and maintenance, interpretive design and construction, and similar activities may be available in specific states.

6. Wildlife and Fisheries Habitat Management. Activities, such as construction and maintenance, interpretive design and construction, and similar activities, may be available in specific states.

7. Wild Horse Management. Activities, such as wild horse round ups, removal, and disposition, including operation and maintenance of wild horse facilities may be available in specific states.

The above programs under ``Other Activities'' are available in many states for competitive contracting. However, if they are of special geographic, historical or cultural significance to a participating selfgovernance tribe, they may be available for funding agreements. Tribes may also discuss additional BLMfunded activities with the relevant State office in relation to negotiating specific self governance funding agreements.

For questions regarding selfgovernance, contact Jerry Cordova, Bureau of Land Management, 1849 C Street NW., Washington, DC 20240 0001, telephone: (202) 4527756, fax: (202) 4527701. General information on all contracts available in a given year through the BLM can be obtained from the BLM National Business Center, P.O. Box 25047, Bldg 50, Denver Federal Center, Denver, CO 802250047.

B. Eligible Programs of the Bureau of Reclamation

Reclamation operates a wide range of water resource management projects for hydroelectric power generation, municipal and industrial water supplies, flood control, outdoor recreation, enhancement of fish and wildlife habitats, and research. Most of Reclamation's activities involve construction, operation and maintenance, and management of water resources projects and associated facilities. Components of the following water resource management and construction projects may be eligible for inclusion in selfgovernance funding agreements.

1. Klamath ProjectCA, OR

2. Trinity River Restoration ProgramCA

3. Central Valley Project (Trinity Division)CA

4. Central Arizona ProjectAZ, NM

5. Colorado River Front Work/Levee SystemAZ, CA, NV

6. Lower Colorado Indian Water Management StudyAZ, CA, NV

7. Middle Rio Grande ProjectNM

8. Yuma Area ProjectsAZ, CA

9. Rocky Boy's/North Central Montana Regional Water SystemMT

10. Indian Water Rights Settlements Projectsas Congressionally Authorized

For questions regarding selfgovernance, contact Barbara White, Reclamation SelfGovernance Coordinator, Native American Affairs Office, Bureau of Reclamation (W6100), 1849 C Street NW., Washington, DC 202400001, telephone: (202) 5130631, fax: (202) 5130311. C. Eligible Programs of the Minerals Management Service (MMS)

MMS provides stewardship of America's offshore resources and collects revenues generated from mineral leases on Federal and Indian lands. MMS is responsible for the management of the Federal Outer Continental Shelf, which are submerged lands off the coasts that have significant energy and mineral resources. Within the offshore minerals management program, environmental impact assessments and statements and environmental studies may be available if a selfgovernance tribe demonstrates a special geographic, cultural or historical connection.

MMS also offers mineralowning tribes other opportunities to become involved in MMS's Minerals Revenue Management functions. These programs address the intent of tribal selfgovernance but are available regardless of selfgovernance intentions or status and are a good prerequisite for assuming other technical functions. Generally, minerals revenue management programs are available to tribes because of FOGRMA. Minerals revenue management programs that may be available to selfgovernance tribes are as follows:

1. Audit of Tribal Royalty Payments. Audit activities for tribal leases, except for the issuance of orders, final valuation decisions, and other enforcement activities. (For tribes already participating in MMS cooperative audits, this program is offered as an optional alternative.)

2. Verification of Tribal Royalty Payments. Financial compliance verification and monitoring activities, production verification, and appeals research and analysis.

3. Tribal Royalty Reporting, Accounting, and Data Management. Establishment and management of royalty reporting and accounting systems including document processing, production reporting, reference data (lease, payor, agreement) management, billing and general ledger.

4. Tribal Royalty Valuation. Preliminary analysis and recommendations for valuation and allowance determinations and approvals.

5. Royalty Management of Allotted Leases. Mineral revenue collections of allotted leases, provided that MMS consults with and obtains written approval from affected individual Indian mineral owners to delegate this responsibility to the tribe.

6. Online Monitoring of Royalties and Accounts. Online computer access to reports, payments, and royalty information contained in MMS accounts. MMS will install equipment at tribal locations, train tribal staff, and assist tribes in researching and monitoring all payments, reports, accounts, and historical information regarding their leases.

7. Royalty Internship Program. An orientation and training program for auditors and accountants from mineral producing tribes to acquaint tribal staff with royalty laws, procedures, and
[[Page 53682]]
techniques. This program is recommended for tribes that are considering a selfgovernance funding agreement but have not yet acquired mineral revenue expertise via a FOGRMA section 202 contract.

For questions regarding selfgovernance, contact Shirley Conway, Minerals Revenue Management, Minerals Management Service (MS4241 MIB), 1849 C Street NW., Washington, DC 202400001, telephone: (202) 208 3512, fax: (202) 5010247.

D. Eligible Programs of the National Park Service (NPS)

The National Park Service administers the National Park System made up of national parks, monuments, historic sites, battlefields, seashores, lake shores and recreation areas. NPS maintains the park units, protects the natural and cultural resources, and conducts a range of visitor services such as law enforcement, park maintenance, and interpretation of geology, history, and natural and cultural resources.

Some elements of these programs may be eligible for inclusion in a selfgovernance annual funding agreement. The listing below was developed considering the geographic proximity to, and/or traditional association of a selfgovernance tribe with, units of the National Park system, and the types of programs that have components that may be suitable for contracting through a selfgovernance annual funding agreement. This listing is not all inclusive, but is representative of the types of programs which may be eligible for tribal participation through annual funding agreements.

Ongoing Programs and Activities. Components of the following programs are potentially eligible for inclusion in a selfgovernance annual funding agreement:

1. Archaeological Surveys

2. Comprehensive Management Planning

3. Cultural Resource Management Projects

4. Ethnographic Studies

5. Erosion Control

6. Fire Protection

7. Gathering Baseline Subsistence DataAK

8. Hazardous Fuel Reduction

9. Housing Construction and Rehabilitation

10. Interpretation

11. Janitorial Services

12. Maintenance

13. Natural Resource Management Projects

14. Operation of Campgrounds

15. Range AssessmentAK

16. Reindeer GrazingAK

17. Road Repair

18. Solid Waste Collection and Disposal

19. Trail Rehabilitation

20. Watershed Restoration and Maintenance

Special Programs. Aspects of these programs may be available if a selfgovernance tribe demonstrates a geographical, cultural, or historical connection.

1. Beringia Research

2. Elwha River Restoration

Connections to National Park Units. Aspects of ongoing programs and activities may be available to selfgovernance tribes with known geographic, cultural, or historical connections to the following national park units.

1. Bering Land Bridge National ParkAK

2. Cape Krusenstern National MonumentAK

3. Gates of the Arctic National Park & PreserveAK

4. Glacier Bay National Park and PreserveAK

5. Katmai National Park and PreserveAK

6. Kenai Fjords National ParkAK

7. Klondike Gold Rush National Historical ParkAK

8. Kobuk Valley National ParkAK

9. Lake Clark National Park and PreserveAK

10. Noatak National PreserveAK

11. Sitka National Historical ParkAK

12. WrangellSt. Elias National Park and PreserveAK

13. YukonCharley Rivers National PreserveAK

14. Casa Grande Ruins National MonumentAZ

15. Hohokam Pima National MonumentAZ

16. Montezuma Castle National MonumentAZ

17. Organ Pipe Cactus National MonumentAZ

18. Saguaro National ParkAZ

19. Tonto National MonumentAZ

20. Tumacacori National Historical ParkAZ

21. Tuzigoot National MonumentAZ

22. Arkansas Post National MemorialAR

23. Joshua Tree National ParkCA

24. Lassen Volcanic National ParkCA

25. Redwood National ParkCA

26. Whiskeytown National Recreation AreaCA

27. Hagerman Fossil Beds National MonumentID

28. Effigy Mounds National MonumentIA

29. Boston Harbor Islands, National Park AreaMA

30. Cape Cod National SeashoreMA

31. New Bedford Whaling National Historical ParkMA

32. Sleeping Bear Dunes National LakeshoreMI

33. Grand Portage National MonumentMN

34. Voyageurs National ParkMN

35. Bear Paw Battlefield, Nez Perce National Historical ParkMT

36. Glacier National ParkMT

37. Great Basin National ParkNV

38. Bandelier National MonumentNM

39. Carlsbad Caverns National ParkNM

40. White Sands National MonumentNM

41. Fort Stanwix National MonumentNY

42. Cuyahoga Valley National ParkOH

43. Hopewell Culture National Historical ParkOH

44. Chickasaw National Recreation AreaOK

45. John Day Fossil Beds National MonumentOR

46. Alibates Flint Quarries National MonumentTX

47. Guadalupe Mountains National ParkTX

48. Lake Meredith National Recreation AreaTX

49. Ebey's Landing National Historical ReserveWA

50. Mt. Rainier National ParkWA

51. Olympic National ParkWA

52. San Juan Islands National Historic ParkWA

53. Whitman Mission National Historic SiteWA

For questions regarding selfgovernance, contact Dr. Patricia Parker, Chief, American Indian Liaison Office, National Park Service (Org. 2560, 9th Floor), 1201 Eye Street NW., Washington, DC 200055905, telephone: (202) 3546965, fax: (202) 3716609.
E. Eligible Programs of the Office of Surface Mining and Reclamation Enforcement (OSM)

OSM regulates surface coal mining and reclamation operations, and reclaims abandoned coal mines, in cooperation with states and Indian tribes.

1. Abandoned Mine Land Reclamation Program. This program restores eligible lands mined and abandoned or left inadequately restored and is available to Indian tribes.

2. Control of the Environmental Impacts of Surface Coal Mining. This program includes analyses, NEPA documentation, technical reviews, and
[[Page 53683]]
studies. Where surface coal mining exists on Indian land, certain regulatory activities that are not inherently Federal are available to Indian tribes.

For questions regarding selfgovernance, contact Maria Mitchell, Office of Surface Mining Reclamation and Enforcement (MS210 SIB), 1951 Constitution Ave. NW., Washington, DC 20240, telephone: (202) 2082865, fax: (202) 2193111.
F. Eligible Programs of the U.S. Fish and Wildlife Service (FWS)

The mission of FWS is to conserve, protect, and enhance fish, wildlife, and their habitats for the continuing benefit of the American people. Primary responsibilities are for migratory birds, endangered species, freshwater and anadromous fisheries, and certain marine mammals. FWS also has a continuing cooperative relationship with a number of Indian tribes throughout the National Wildlife Refuge System and the Service's fish hatcheries. Any selfgovernance tribe may contact a National Wildlife Refuge or National Fish Hatchery directly concerning participation in Service programs under the Tribal Self Governance Act.

Some elements of the following programs may be eligible for inclusion in a selfgovernance funding agreement. The listing below was developed considering the proximity of an identified selfgovernance tribe to a National Wildlife Refuge or National Fish Hatchery, and the types of programs that have components that may be suitable for contracting through a selfgovernance funding agreement. This listing is not allinclusive but is representative of the types of programs which may be eligible for tribal participation through a funding agreement.
1. Subsistence Programs Within Alaska
2. Fish and Wildlife Technical Assistance, Restoration and Conservation

a. Fish and Wildlife Population Surveys

b. Habitat Surveys

c. Sport Fish Restoration

d. Capture of Depredating Migratory Birds

e. Fish and Wildlife Program Planning

f. Habitat Restoration Activities

3. Endangered Species Program

a. Cooperative Management of Conservation Programs

b. Development and Implementation of Recovery Plans

c. Conducting Status Surveys for High Priority Candidate Species

d. Participation in the Development of Habitat Conservation Plans, as appropriate
4. Education Programs

a. Interpretation

b. Outdoor Classrooms

c. Visitor Center Operations

d. Volunteer Coordination Efforts On and OffRefuge 5. Environmental Contaminants Program

a. Analytical Devices

b. Removal of Underground Storage Tanks

c. Specific Cleanup Activities

d. Natural Resource Economic Analysis

e. Specific Field Data Gathering Efforts
6. Hatchery Operations

a. Egg Taking

b. Rearing/Feeding

c. Disease Treatment

d. Tagging

e. Clerical/Facility Maintenance
7. Wetland and Habitat Conservation and Restoration

a. Construction

b. Planning Activities

c. Habitat Monitoring and Management
8. Conservation Law Enforcement

All Law Enforcement under CrossDeputization
9. National Wildlife Refuge Operations and Maintenance

a. Construction

b. Farming

c. Concessions

d. Maintenance

e. Comprehensive Management Planning

f. Biological Program Efforts

g. Habitat Management

h. Fire Management

Locations of Refuges and Hatcheries With Close Proximity to Self Governance Tribes

1. Alaska National Wildlife RefugesAK

2. Alchesay National Fish HatcheryAZ

3. Humboldt Bay National Wildlife RefugeID

4. Kootenai National Wildlife RefugeID

5. Agassiz National Wildlife RefugeMN

6. Mille Lacs National Wildlife RefugeMN
7. Rice Lake National Wildlife RefugeMN
8. National Bison RangeMT
9. Ninepipe National Wildlife RefugeMT
10. Pablo National Wildlife RefugeMT
11. Mescalero National Fish HatcheryNM
12. Sequoyah National Wildlife RefugeOK
13. Tishomingo National Wildlife RefugeOK
14. Bandon Marsh National Wildlife RefugeOR
15. Dungeness National Wildlife RefugeWA
16. Makah National Fish HatcheryWA
17. Nisqually National Wildlife RefugeWA
18. Quinault National Fish HatcheryWA

19. San Juan Islands National Wildlife RefugeWA

For questions regarding selfgovernance, contact Patrick Durham, Fish and Wildlife Service (MS3012 MIB), 1849 C Street NW., Washington, DC 202400001, telephone: (202) 2084133, fax: (202) 5013524. G. Eligible Programs of the U.S. Geological Survey (USGS)

The mission of the U.S. Geological Survey is to provide information on biology, geology, hydrology, and cartography that contributes to the wise management of the Nation's natural resources and to the health, safety, and wellbeing of the American people. Information includes maps, data bases, and descriptions and analyses of the water, plants, animals, energy, and mineral resources, land surface, underlying geologic structure and dynamic processes of the Earth. Information on these scientific issues is developed through extensive research, field studies, and comprehensive data collection to: evaluate natural hazards such as earthquakes, volcanoes, landslides, floods, droughts, subsidence and other ground failures; assess energy, mineral, and water resources in terms of their quality, quantity, and availability; evaluate the habitats of animals and plants; and produce geographic, cartographic, and remotelysensed information in digital and non digital formats. No USGS programs are specifically available to American Indians or Alaska Natives. Components of the following programs may have a special geographic, cultural, or historical connection with a selfgovernance tribe:
1. Mineral Environmental, and Energy Assessments
2. USGS Earthquake Hazards Reduction Program
3. Water Resources Data Collection and Investigations
4. Biological Resources Inventory, Monitoring, Research and Information Transfer Activities

For questions regarding selfgovernance, contact Sue Marcus, American Indian/Alaska Native Liaison, U.S. Geological Survey, 104 National
[[Page 53684]]
Center, Reston, VA 20192, telephone: (703) 6484437, fax: (703) 648 5470.
H. Eligible Programs of the Office of the Special Trustee for American Indians (OST)

The Department of the Interior has responsibility for what may be the largest land trust in the world, approximately 56 million acres. OST oversees the management of these trust assets as well as maintains, invests, disburses, and reports to individual Indians and tribes on financial asset transactions generated from leasing and other commercial activities on these lands. The mission of the OST is to serve Indian communities by fulfilling Indian fiduciary trust responsibilities. This is to be accomplished through the implementation of a Comprehensive Trust Management Plan (CTM) that is designed to improve trust beneficiary services, ownership information, management of trust fund assets, and selfgovernance activities.

A tribe operating under selfgovernance may include the following programs, services, functions, and activities or portions thereof in a funding agreement:
1. Financial Trust Services (Individual Indian Monies Financial Services)

2. Appraisal Services

Responsibilities for the operation of these programs have been shifted from BIA to OST. Tribes/Consortia that currently perform these programs under a SelfGovernance funding agreement with the Indian Affairs, may negotiate a separate Memorandum of Understanding (MOU) with OST that outlines the roles and responsibilities for management of these programs. The MOU between the Tribe/Consortium and OST outlines the roles and responsibilities for the performance of the OST program by the Tribe/Consortium. If those roles and responsibilities are already fully articulated in the existing SelfGovernance funding agreement, an MOU is not required. To the extent that any necessary elements are missing from the funding agreement, however, an MOU will be negotiated between the Tribe/Consortium and OST.

Other SelfGovernance Tribes/Consortia that do not perform these programs may be eligible to enter into a selfgovernance funding agreement with OST. In such cases, the Tribe/Consortium would negotiate a funding agreement with OST and the funding would come from OST program dollars. These funding agreements would stipulate the roles and responsibilities of the Tribe/Consortium and OST and no separate MOU would be necessary.

For questions regarding selfgovernance, contact Carrie Moore, Director, Office of External Affairs, Office of the Special Trustee for American Indians (MS5140 MIB), 1849 C Street NW., Washington, DC 202400001, phone: (202) 2084866, fax: (202) 2087545.

IV. Programmatic Targets

During Fiscal Year 2006, upon request of a selfgovernance tribe, each nonBIA bureau will negotiate funding agreements for its eligible programs beyond those already negotiated.

Dated: August 24, 2005.
James E. Cason,
Associate Deputy Secretary.
[FR Doc. 0517914 Filed 9805; 8:45 am]
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