List of Programs Eligible for Inclusion in Fiscal Year 2008 Funding Agreements to be Negotiated with Self-Governance Tribes, 63184 [E7-21906]

Download as PDF 63184 Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices topics as Forest and Resource Management Planning, Salmon Recovery, Transportation Planning, and other matters as may reasonably come before the council. The meeting is open to the public. Public comment is scheduled for 1 p.m. to 1:15 p.m. (Pacific Time) December 4, 2007. For a copy of the information to be distributed to the Council members, please submit a written request to the Vale District Office 10 days prior to the meeting. FOR FURTHER INFORMATION CONTACT: Additional information concerning the John Day/Snake Resource Advisory Council may be obtained from Mark Wilkening, Public Affairs Officer, Vale District Office, 100 Oregon Street, Vale, Oregon 97918, (541) 473–6218 or e-mail mark_wilkening@blm.gov. Dated: October 15, 2007. Larry Frazier, Acting District Manager. [FR Doc. E7–21973 Filed 11–7–07; 8:45 am] BILLING CODE 4310–33–P DEPARTMENT OF THE INTERIOR Bureau of Reclamation List of Programs Eligible for Inclusion in Fiscal Year 2008 Funding Agreements to be Negotiated with SelfGovernance Tribes Bureau of Reclamation, Interior. ACTION: Notice. AGENCY: SUMMARY: This notice lists programs or portions of programs that are eligible for inclusion in Fiscal Year 2008 funding agreements with self-governance tribes and lists programmatic targets pursuant to section 405(c)(4) of the Tribal SelfGovernance Act. DATES: This notice expires on September 30, 2008. ADDRESSES: Inquiries or comments regarding this notice may be directed to Mr. Richard Ives, Director, Native American and International Affairs Office, Bureau of Reclamation (96– 43200), 1849 C Street, NW., Mail Stop 7060–MIB, Washington, DC 20240; telephone 202–513–0625; fax 202–513– 0311. SUPPLEMENTARY INFORMATION: rwilkins on PROD1PC63 with NOTICES I. Background Title II of the Indian SelfDetermination Act Amendments of 1994 (Pub. L. 103–413, the ‘‘Tribal SelfGovernance Act’’ or the ‘‘Act’’) instituted a permanent self-governance program at the Department of the VerDate Aug<31>2005 16:54 Nov 07, 2007 Jkt 214001 Interior (DOI). Under the selfgovernance 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 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 nonBIA programs are eligible for selfgovernance funding agreements: (1) Under section 403(b)(2) of the Act, any non-BIA program, service, function or activity that is administered by DOI 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 self-determination contracts under Title I of the Indian SelfDetermination 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 selfgovernance 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. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 II. Eligible non-BIA Programs of the Bureau of Reclamation. The mission of the Bureau of Reclamation (Reclamation) is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public. To this end, most of the Reclamation’s activities involve the construction, operation and maintenance, and management of water resources projects and associated facilities, as well as research and development related to its responsibilities. Reclamation water resources projects provide water for municipal, residential, agricultural, and industrial water supplies; hydroelectric power generation; flood control; outdoor recreation; and enhancement of fish and wildlife habitats. Components of the following water resource projects listed below may be eligible for inclusion in a selfgovernance funding agreement. This list was developed with consideration of the proximity of identified self-governance tribes to Reclamation projects. 1. Klamath Project, California and Oregon. 2. Trinity River Fishery, California. 3. Central Arizona Project, Arizona and New Mexico. 4. Rocky Boy’s/North Central Montana Regional Water System, Montana. 5. Indian Water Rights Settlement Projects, as Congressionally authorized. Reclamation also has some programs (e.g., drought relief) under which funding may be provided for specific tribal projects which qualify under the applicable program criteria, subject to available funding. When such projects are for the benefit of self-governance tribes, the projects, or portions thereof, may be eligible for inclusion in selfgovernance funding agreements. Upon the request of a self-governance tribe, Reclamation will also consider for inclusion in funding agreements, other programs or activities which Reclamation determines to be eligible under Section 403(b)(2) or 403(c) of the Act. III. Programmatic Targets During Fiscal Year 2008, upon request of a self-governance tribe, Reclamation will negotiate funding agreements for its eligible programs beyond those already negotiated. Dated: October 23, 2007. Kameran L. Onley, Assistant Deputy Secretary. [FR Doc. E7–21906 Filed 11–7–07; 8:45 am] BILLING CODE 4310–MN–P E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Notices]
[Page 63184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21906]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


List of Programs Eligible for Inclusion in Fiscal Year 2008 
Funding Agreements to be Negotiated with Self-Governance Tribes

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice lists programs or portions of programs that are 
eligible for inclusion in Fiscal Year 2008 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, 2008.

ADDRESSES: Inquiries or comments regarding this notice may be directed 
to Mr. Richard Ives, Director, Native American and International 
Affairs Office, Bureau of Reclamation (96-43200), 1849 C Street, NW., 
Mail Stop 7060-MIB, Washington, DC 20240; telephone 202-513-0625; fax 
202-513-0311.

SUPPLEMENTARY INFORMATION: 

I. 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 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:
    (1) Under section 403(b)(2) of the Act, any non-BIA program, 
service, function or activity that is administered by DOI that is 
``otherwise available to Indian tribes or Indians,'' can be 
administered by a tribal government through a self-governance funding 
agreement. The Department 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.

II. Eligible non-BIA Programs of the Bureau of Reclamation.

    The mission of the Bureau of Reclamation (Reclamation) is to 
manage, develop, and protect water and related resources in an 
environmentally and economically sound manner in the interest of the 
American public. To this end, most of the Reclamation's activities 
involve the construction, operation and maintenance, and management of 
water resources projects and associated facilities, as well as research 
and development related to its responsibilities. Reclamation water 
resources projects provide water for municipal, residential, 
agricultural, and industrial water supplies; hydroelectric power 
generation; flood control; outdoor recreation; and enhancement of fish 
and wildlife habitats.
    Components of the following water resource projects listed below 
may be eligible for inclusion in a self-governance funding agreement. 
This list was developed with consideration of the proximity of 
identified self-governance tribes to Reclamation projects.
    1. Klamath Project, California and Oregon.
    2. Trinity River Fishery, California.
    3. Central Arizona Project, Arizona and New Mexico.
    4. Rocky Boy's/North Central Montana Regional Water System, 
Montana.
    5. Indian Water Rights Settlement Projects, as Congressionally 
authorized.
    Reclamation also has some programs (e.g., drought relief) under 
which funding may be provided for specific tribal projects which 
qualify under the applicable program criteria, subject to available 
funding. When such projects are for the benefit of self-governance 
tribes, the projects, or portions thereof, may be eligible for 
inclusion in self-governance funding agreements.
    Upon the request of a self-governance tribe, Reclamation will also 
consider for inclusion in funding agreements, other programs or 
activities which Reclamation determines to be eligible under Section 
403(b)(2) or 403(c) of the Act.

III. Programmatic Targets

    During Fiscal Year 2008, upon request of a self-governance tribe, 
Reclamation will negotiate funding agreements for its eligible programs 
beyond those already negotiated.

    Dated: October 23, 2007.
Kameran L. Onley,
Assistant Deputy Secretary.
[FR Doc. E7-21906 Filed 11-7-07; 8:45 am]
BILLING CODE 4310-MN-P

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