[Federal Register: December 22, 2003 (Volume 68, Number 245)]
[Notices]
[Page 71122-71126]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de03-67]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
List of Programs Eligible for Inclusion in Fiscal Year 2004
Annual Funding Agreements To Be Negotiated With Self-Governance Tribes
by Interior Bureaus Other Than the Bureau of Indian Affairs
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice lists programs or portions of programs that are
eligible for inclusion in Fiscal Year 2004 annual funding agreements
with self-governance tribes and lists programmatic targets for each of
the non-BIA bureaus, pursuant to section 405(c)(4) of the Tribal Self-
Governance Act.
DATES: This notice expires on September 30, 2004.
ADDRESSES: Inquiries or comments regarding this notice may be directed
to the Office of Self-Governance (MS-2548, MIB), 1849 C Street, NW.,
Washington, DC 20240-0001. Telephone (202) 219-0240 or to the bureau
points of contact listed below.
SUPPLEMENTARY INFORMATION:
[[Page 71123]]
I. Background
Title II of the Indian Self-Determination and Education Assistance
Act Amendments of 1994 (Pub. L. 103-413, the ``Self-Governance Act'' or
the ``Act'') instituted a permanent tribal self-governance program at
the Department of the Interior (DOI). Under the self-governance 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 self-governance tribal
government.
Under section 405(c) of the Self-Governance Act, the Secretary of
the Interior is required to publish annually: (1) A list of non-BIA
programs, services, functions, and activities, or portions thereof,
that are eligible for inclusion in agreements negotiated under the
self-governance program; and (2) programmatic targets for these
bureaus.
Under the Self-Governance Act, two categories of non-BIA programs
are eligible for self-governance funding agreements:
(1) Under section 403(b)(2) of the Act, any non-BIA 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 self-governance
agreement. The Department interprets this provision to authorize the
inclusion of programs eligible for self-determination contracting under
Title I of the Indian Self-Determination and Education Assistance Act
(Pub. L. 93-638). Section 403(b)(2) also specifies that ``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 self-governance tribe.
Under section 403(k) of the Self-Governance Act, annual 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 self-governance 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
case-by-case basis considering the totality of circumstances.
Response to Comments
The Department provided the proposed list to the Self-Governance
Tribes on April 23, 2003 for their review and comment. No comments were
received. Several minor editorial and technical changes provided by
Interior's bureaus were incorporated.
II. Annual Funding Agreements Between Self-Governance Tribes and Non-
BIA Bureaus of the Department of the Interior
A. Bureau of Land Management (none)
B. Bureau of Reclamation (4)
Gila River Indian Community
Chippewa Cree Tribe of the Rocky Boy's Reservation
Karuk Tribe of California
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 (none)
G. U.S. Geological Survey (none)
III. Eligible Programs of the Department of the Interior Non-BIA
Bureaus
Below is a listing by bureau of the types of non-BIA programs, or
portions thereof, that may be eligible for self-governance annual
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 Self-Governance
agreement.
The Department will also consider for inclusion in annual funding
agreements other programs or activities not included below, but which,
upon request of a self-governance 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 non-BIA 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 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 Self-Governance tribe demonstrating a special
geographic, cultural, or historical connection, may also be available
for inclusion in self-governance agreements. Once a tribe has made
initial contact with BLM, more specific information will be 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 an annual 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 an annual 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 re-vegetation, noxious
weed control, fencing, construction and maintenance 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
[[Page 71124]]
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,
habitat protection and improvement projects, 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
Self-Governance tribe, they may be available for annual funding
agreements. Tribes may also discuss additional BLM-funded activities
with the relevant State office in relation to negotiating specific
self-governance agreements.
For questions regarding Indian Self-Governance, contact Jerry
Cordova, Bureau of Land Mangement, 1849 C Street, NW., Washington, DC
20240-0001, telephone: (202) 452-7756, fax: (202) 452-7701. 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 80225-0047.
B. Eligible Programs of the Bureau of Reclamation
Reclamation operates a wide range of water resource management
projects for irrigation, 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, operations 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 self-governance
agreements.
1. Klamath Project--CA, OR
2. Trinity River Restoration Program--CA
3. Central Valley Project (Trinity Division)--CA
4. Central Arizona Project--AZ, NM
5. Colorado River Front Work/Levee System--AZ, CA, NV
6. Lower Colorado Indian Water Management Study--AZ, CA, NV
7. Yuma Area Projects--AZ, CA
8. Middle Rio Grande Project--NM
9. Rocky Boy's/North Central Montana Regional Water System--MT
10. Indian Water Rights Settlement Projects--as Congressionally
authorized.
For questions regarding self-governance contact Barbara White,
Reclamation Self-Governance Coordinator, Native American Affairs
Office, Bureau of Reclamation (W-6100), 1849 C Street, NW., Washington,
DC 20240-0001, telephone: (202) 513-0631, fax: (202) 513-0311.
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 self-governance tribe
demonstrates a special geographic, cultural, or historical connection.
MMS also offers mineral-owning tribes other opportunities to become
involved in MMS's Minerals Revenue Management functions. These programs
address the intent of Indian self-governance but are available
regardless of self-governance intentions or status and are a good
prerequisite for assuming other technical functions. Generally,
minerals revenue management programs are available to tribes because of
their status as Indians. Minerals revenue management programs that may
be available to self-governance 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 delegated 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 Allottee Leases. Royalty management of
allottee 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 tribe 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 techniques. This
program is recommended for tribes that are considering a self-
governance agreement but have not yet acquired mineral revenue
expertise via a FOGRMA section 202 contract.
For questions regarding self-governance contact David Izon, Royalty
Liaison Office, Minerals Management Service (MS-4241), 1849 C Street,
NW., Washington, DC 20240-0001, telephone: (202) 208-3512, fax: (202)
208-3982.
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
self-governance annual funding agreement. The listing below was
developed considering the geographic proximity to, and/or traditional
association of a self-governance tribe with, units of the National Park
system, and the types of programs that have components that may be
suitable for contracting through a self-governance 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.
[[Page 71125]]
1. Ongoing Programs and Activities. Components of the following
programs are potentially eligible for inclusion in a self-governance
annual funding agreement.
a. Archeological surveys
b. Comprehensive management planning
c. Cultural resource management projects
d. Ethnographic studies
e. Erosion control
f. Fire protection
g. Gathering baseline subsistence data--AK
h. Hazardous fuel reduction
i. Housing construction and rehabilitation
j. Interpretation
k. Janitorial services
l. Maintenance
m. Natural resource management projects
n. Operation of campgrounds
o. Range assessment--AK
p. Reindeer grazing--AK
q. Road repair
r. Solid waste collection and disposal
s. Trail rehabilitation
t. Watershed restoration and maintenance
2. Special Programs. Aspects of these programs may be available if
a self-governance tribe demonstrates a geographical, cultural, or
historical connection.
a. Beringia Research
b. Elwha River Restoration
Locations of National Park System Units in Close Proximity to Self-
Governance Tribes. Aspects of ongoing programs and activities may be
available at park units with known geographic, cultural, or historical
connections with a self-governance tribe.
1. Lake Clark National Park and Preserve--AK
2. Katmai National Park and Preserve--AK
3. Glacier Bay National Park and Preserve--AK
4. Klondike Gold Rush National Historical Park--AK
5. Sitka National Historical Park--AK
6. Kenai Fjords National Park--AK
7. Wrangell-St. Elias National Park & Preserve--AK
8. Western Arctic Parklands--AK
9. Gates of the Arctic National Park& Preserve--AK
10. Yukon-Charley Rivers National Preserve--AK
11. Casa Grande Ruins National Monument--AZ
12. Joshua Tree National Park--CA
13. Redwood National Park--CA
14. Whiskeytown National Recreation Area--CA
15. Hagerman Fossil Beds National Monument--ID
16. Bear Paw Battlefield, Nez Perce National Historical Park--ID
17. Boston Harbor Islands, a National Park Area--MA
18. Cape Cod National Seashore--MA
19. New Bedford Whaling National Historical Park--MA
20. Sleeping Bear Dunes National Lakeshore--MI
21.Voyageurs National Park--MN
22. Grand Portage National Monument--MN
23. Glacier National Park--MT
24. Great Basin National Park--NV
25. Bandelier National Monument--NM
26. Fort Stanwix National Monument--NY
27. Cuyahoga Valley National Park--OH
28. Hopewell Culture National Historical Park--OH
29. Chickasaw National Recreation Area--OK
30. Effigy Mounds National Monument--IA
31. Olympic National Park--WA
32. San Juan Islands National Historic Park--WA
33. Mt. Rainier National Park--WA
34. Ebey's Landing National Historical Reserve--WA
For questions regarding self-governance contact Dr. Patricia
Parker, Chief, American Indian Liaison Office, National Park Service
(Org. 2560), 1849 C Street, NW., Washington, DC 20240-0001; telephone:
(202) 354-6965, fax: (202) 371-6609.
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 which
restores eligible lands mined and abandoned or left inadequately
restored is available to Indian tribes.
2. Control of the Environmental Impacts of Surface Coal Mining.
This program includes analyses, NEPA documentation, technical reviews,
and 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 self-governance contact Maria Mitchell,
Office of Surface Mining Reclamation and Enforcement (MS-210-SIB), 1951
Constitution Ave., NW., Washington, D.C. 20240, telephone: (202) 208-
2865, fax: (202) 291-3111.
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 self-governance tribe may
contact a National Wildlife Refuge or National Fish Hatchery directly
concerning participation in Service programs under the Self-Governance
Act.
Some elements of the following programs may be eligible for
inclusion in a self-governance annual funding agreement. The listing
below was developed considering the proximity of an identified self-
governance 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 self-governance 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 an annual funding agreement.
1. Subsistence Programs within Alaska
2. Fish & Wildlife Technical Assistance, Restoration & Conservation
a. Fish & wildlife population surveys
b. Habitat surveys
c. Sport fish restoration
d. Capture of depredating migratory birds
e. Fish & 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 off-refuge
5. Environmental Contaminants Program
a. Analytical devices
b. Removal of underground storage tanks
c. Specific cleanup activities
[[Page 71126]]
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 & Habitat Conservation and Restoration
a. Construction
b. Planning activities
c. Habitat monitoring and management
8. Conservation Law Enforcement
a. All law enforcement efforts under cross-deputization
9. National Wildlife Refuge Operations & 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 Refuges--AK
2. Alchesay National Fish Hatchery--AZ
3. Humboldt Bay National Wildlife Refuge--CA
4. Kootenai National Wildlife Refuge--ID
5. Agassiz National Wildlife Refuge--MN
6. Mille Lacs National Wildlife Refuge--MN
7. Rice Lake National Wildlife Refuge--MN
8. National Bison Range--MT
9. Ninepipe National Wildlife Refuge--MT
10. Pablo National Wildlife Refuge--MT
11. Mescalero National Fish Hatchery--NM
12. Sequoyah National Wildlife Refuge--OK
13. Tishomingo National Wildlife Refuge--OK
14. Bandon Marsh National Wildlife Refuge--OR
15. Dungeness National Wildlife Refuge--WA
16. Makah National Fish Hatchery--WA
17. Nisqually National Wildlife Refuge--WA
18. Quinault National Fish Hatchery--WA
19. San Juan Islands National Wildlife Refuge--WA
For questions regarding self-governance contact Patrick Durham,
Fish and Wildlife Service (MS3012), 1849 C Street NW., Washington, DC
20240-0001, telephone: (202) 208-4133, fax: (202) 501-3524.
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 well-being 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 remotely-sensed 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 self-governance 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 self-governance contact Sue Marcus,
American Indian/Alaska Native Liaison, U.S. Geological Survey, 104
National Center, Reston, VA 20192, telephone: (703) 648-4437, fax:
(703) 648-5470., e-mail address: smarcus@usgs.gov.
IV. Programmatic Targets
During Fiscal Year 2004, upon request of a self-governance tribe
each non-BIA bureau will negotiate annual funding agreements for its
eligible programs beyond those already negotiated.
Dated: December 5, 2003.
William A. Sinclair,
Director, Office of Self-Governance.
[FR Doc. 03-31162 Filed 12-19-03; 8:45 am]