List of Programs Eligible for Inclusion in Fiscal Year 2007 Funding Agreements To Be Negotiated with Self-Governance Tribes, 12184-12185 [07-1211]

Agencies

• Department of Interior
• U.s. Geological Survey
• Geological Survey

[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Notices]
[Pages 12184-12185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1211]


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DEPARTMENT OF INTERIOR

U.S. Geological Survey


List of Programs Eligible for Inclusion in Fiscal Year 2007 
Funding Agreements To Be Negotiated with Self-Governance Tribes

AGENCY: U.S. Geological Survey, Interior.

ACTION:  Notice.

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SUMMARY: This notice lists programs or portions of programs that are 
eligible for inclusion in fiscal year 2007 funding agreements with 
self-governance tribes and lists programmatic targets pursuant to 
section 405(c)(4) of the Tribal Self-Governance Act.

DATES: This notice expires on September 30, 2007.

ADDRESSES: Inquiries or comments regarding this notice may be directed 
to Sue Marcus, American Indian/Alaska Native Liaison, U.S. Geological 
Survey, 104 National Center, Reston, VA 20192.

SUPPLEMENTARY INFORMATION:

Background

    Title II of the Indian Self-Determination Act amendments of 1994 
(Pub. L. 103-413, the ``Tribal Self-Governance Act'' or the ``Act'') 
instituted a permanent 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 DOI 
bureaus other than the Bureau of Indian Affairs (BIA) are eligible to 
be planned, conducted, consolidated, and administered by a self-
governance tribal government.
    Under section 405(c) of the Act, the Secretary of the Interior 
(Secretary) 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 Act, two categories of non-BIA programs are eligible for 
self-governance funding agreements (AFAs):
    (1) Under section 403(b)(2) of the Act, any non-BIA program, 
service, function or activity that is administered by COI that is 
``otherwise available to Indian tribes or Indians,'' can be 
administered by a tribal government through a self-governance funding 
agreement. The DOI interprets this provision to authorize the inclusion 
of programs eligible for self-determination contracts under Title I of 
the Indian Self-Determination and Education Assistance Act (Pub. L. 93-
638, 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 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 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 self-governance 
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 case-
by-case basis considering the totality of circumstances.

Response to Comments

    The DOI Office of Self-Governance requested comments on the 
proposed list on June 14, 2006. A number of editorial and technical 
changes were provided by DOI bureaus and incorporated into this Notice. 
While the Notice of June 14, 2006 illustrated all eligible non-BIA 
programs for DOI, this Notice is specific to the U.S. Geological 
Survey.

II. Eligible Non-BIA Programs of the U.S. Geological Survey

    The U.S. Geological Survey (USGS) will consider for inclusion in 
funding agreements activities which, upon request of a self-governance 
tribe, USGS 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 being such discussions.
    The mission of USGS is to collect, analyze, and provide information 
on biology, geology, hydrology, and geography that contributes to the 
wise management of the Nation's natural resources and to the health, 
safety, and well-being of the American people. This information is 
usually publicly available and 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. The USGS does not manage lands or 
resources. Self-governance tribes may potentially assist USGS in the 
data acquisition and analysis components of its activities through a 
funding agreement.
    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-
4454, e-mail smarcus@usgs.gov.

III. Programmatic Targets

    During fiscal year 2007, upon request of a self-governance tribe, 
the U.S. Geological Survey will negotiate

[[Page 12185]]

funding agreements for its eligible activities.

    Dated: March 2, 2007.
Mark Limbaugh,
Assistant Secretary--Water and Science.
[FR Doc. 07-1211 Filed 3-14-07; 8:45 am]
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