List of Programs Eligible for Inclusion in Fiscal Year 2008 Funding Agreements To Be Negotiated With Self-Governance Tribes, 3267-3268 [E8-766]
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Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices
whether the use will maximize the
future use or uses of the land, whether
the use is consistent with local planning
and zoning, or if the use is consistent
with State and Federal programs.
Interested parties may submit
comments regarding the specific use
proposed in the application and plan of
development, whether the BLM
followed proper administrative
procedures in reaching the decision to
lease/convey under the R&PP Act, or
any other factor not directly related to
the suitability of the land for R&PP use.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. Only written comments
submitted by postal service or overnight
mail to the Field Manager, BLM Carson
City Field Office, will be considered
properly filed. Electronic mail,
facsimile, or telephone comments will
not be considered properly filed.
Any adverse comments will be
reviewed by the BLM Nevada State
Director, who may sustain, vacate, or
modify this realty action. In the absence
of any adverse comments, the
classification of the land described in
this notice will become effective on
March 17, 2008. The land will not be
available for lease/conveyance until
after the classification becomes
effective.
(Authority: 43 CFR 2741.5)
Dated: January 9, 2008.
Don Hicks,
Carson City Field Office Manager.
[FR Doc. E8–756 Filed 1–16–08; 8:45 am]
BILLING CODE 4310–HC–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[OR–027–1020–PI–020H; HAG–08–0041]
Notice of Solicitation of Applications
for the Steens Mountain Advisory
Council
Bureau of Land Management,
Interior.
ACTION: Notice: Solicitation of
Applications.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: The Bureau of Land
Management is requesting public
applications to fill four expired terms on
VerDate Aug<31>2005
17:07 Jan 16, 2008
Jkt 214001
the Steens Mountain Advisory Council.
Applications will be accepted for a
person who is a local environmental
representative, a person who is a grazing
permittee in the Steens Mountain
Cooperative Management and Protection
Area, a person with expertise and
interest in wild horse management, and
a person who is a member of the
dispersed recreation community on the
Steens Mountain.
Send all applications to the
address listed below no later than
February 19, 2008.
DATES:
Applicants can obtain
application forms from Kevin Thissell,
Temporary Steens Mountain Advisory
Council Coordinator, Burns District
Office, 28910 Hwy 20 West, Hines,
Oregon 97738, (541) 573–4541, or
KevinlThissell@blm. gov. Send all
application materials to this address
prior to the closing date listed above.
ADDRESSES:
The
Steens Mountain Advisory Council
advises the Bureau of Land Management
on the management of the Steens
Mountain Cooperative Management and
Protection Area as described in Public
Law 106–399. Each member will be a
person who, as a result of training and
experience, has knowledge or special
expertise that qualifies him or her to
provide advice from the categories of
interest identified above.
These positions will be for the full
term of 3 years, expiring in October of
2011.
The Steens Mountain Advisory
Council members serve without
monetary compensation, but are
reimbursed for travel and per diem
expenses at current rates for government
employees. The Steens Mountain
Advisory Council meets only at the call
of the Designated Federal Official, but
not less than once per year.
The following must accompany all
applications: A completed background
information application form; letters of
reference from the constituency to be
represented; and any other information
that details the applicant’s
qualifications.
The letter of application should
specify the category the applicant would
like to represent. Application forms and
letters of reference will be reviewed by
the County Court of Harney County and
the Bureau of Land Management. The
Bureau of Land Management will then
forward recommended nominations to
the Secretary of the Interior, who has
responsibility for making the
appointments.
SUPPLEMENTARY INFORMATION:
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3267
Dated: January 11, 2008.
Dana R. Shuford,
District Manager.
[FR Doc. 08–174 Filed 1–16–08; 8:45 am]
BILLING CODE 4310–33–M
DEPARTMENT OF THE INTERIOR
Minerals Management Service
List of Programs Eligible for Inclusion
in Fiscal Year 2008 Funding
Agreements To Be Negotiated With
Self-Governance Tribes
Minerals Management Service,
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.
DATES: This notice expires on
September 30, 2008.
ADDRESSES: Inquiries or comments
regarding this notice may be directed to
Shirley M. Conway, Regulations
Manager, Minerals Revenue
Management, Minerals Management
Service, 1849 C Street, NW., MS 5557
MIB, Washington, DC 20240.
SUPPLEMENTARY INFORMATION:
I. Background
Title IV 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
Interior. Under the self-governance
program certain programs, services,
functions, and activities, or portions
thereof, in the Department’s 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 the
Department that is ‘‘otherwise available
to Indian tribes or Indians,’’ can be
E:\FR\FM\17JAN1.SGM
17JAN1
3268
Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices
administered by a tribal government
through a self-governance funding
agreement. The Department interprets
this provision to authorize the inclusion
of programs eligible for selfdetermination 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 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.
The Office of Self-Governance
requested comments on the proposed
list on June 14, 2006. A number of
editorial and technical changes were
provided by Interior’s bureaus and
incorporated into this Notice. While the
Notice of June 14, 2006, illustrated all
eligible non-BIA programs for the
Department, this Notice is particular to
Minerals Management Service (MMS).
mstockstill on PROD1PC66 with NOTICES
II. Eligible Non-BIA Programs of the
Minerals Management Service
Below is a listing of the types of nonBIA programs, or portions thereof, that
may be eligible for self-governance
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 list represents the most current
information on programs potentially
available to tribes under a selfgovernance funding agreement.
VerDate Aug<31>2005
17:07 Jan 16, 2008
Jkt 214001
The MMS will also consider for
inclusion in funding agreements other
programs or activities not included
below, but which, upon request of a
self-governance tribe, MMS 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
such discussions.
The MMS provides stewardship of
America’s offshore resources and
collects revenues generated from
mineral leases on Federal and Indian
lands. The 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.
The MMS also offers mineral-owning
tribes other opportunities to become
involved in its Minerals Revenue
Management (MRM) functions. These
programs address the intent of tribal
self-governance but are available
regardless of self-governance intentions
or status and are a good prerequisite for
assuming other technical functions.
Generally, MRM functions are available
to tribes because of the Federal Oil and
Gas Royalty Management Act of 1982
(FOGRMA) at 30 U.S.C. 1701. The MRM
functions that may be available to selfgovernance tribes includes:
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 option.)
2. Verification of Tribal Royalty
Payments. Financial compliance
verification and monitoring activities,
and production verification.
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
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
consults with and obtains written
approval from affected individual
Indian mineral owners to delegate this
responsibility to the tribe.
6. On-line Monitoring of Royalties and
Accounts. On-line computer access to
reports, payments, and royalty
information contained in MMS
accounts. The 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
techniques. This program is
recommended for tribes that are
considering a self-governance funding
agreement, but have not yet acquired
mineral revenue expertise via a
FOGRMA section 202 cooperative
agreement, as this is the term contained
in FOGRMA and implementing
regulations at 30 CFR 228.4.
For questions regarding selfgovernance contact Shirley M. Conway,
Regulations Manager, Minerals Revenue
Management, Minerals Management
Service, MS 5557 MIB,1849 C Street,
NW., Washington, DC 20240, telephone
202–208–3512, fax 202–501–0247.
III. Programmatic Targets
During Fiscal Year 2008, upon request
of a self-governance tribe, MMS will
negotiate funding agreements for its
eligible programs beyond those already
negotiated.
Dated: December 27, 2007.
Randall B. Luthi,
Director, Minerals Management Service.
[FR Doc. E8–766 Filed 1–16–08; 8:45 am]
BILLING CODE 4310–MR–P
JUDICIAL CONFERENCE OF THE
UNITED STATES
Hearing of the Judicial Conference
Advisory Committees on Rules of:
Appellate, Bankruptcy, Civil, and
Criminal Procedure
Judicial Conference of the
United States, Advisory Committees on
Rules of Appellate, Bankruptcy, Civil,
and Criminal Procedure.
ACTION: Notice of cancellation of open
hearings.
AGENCY:
SUMMARY: The public hearings on
proposed amendments to the Federal
Rules of Appellate, Bankruptcy, Civil,
and Criminal Rules, scheduled for
January 16, 2008, in Pasadena,
E:\FR\FM\17JAN1.SGM
17JAN1
]]>Agencies
[Federal Register Volume 73, Number 12 (Thursday, January 17, 2008)]
[Notices]
[Pages 3267-3268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-766]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
List of Programs Eligible for Inclusion in Fiscal Year 2008
Funding Agreements To Be Negotiated With Self-Governance Tribes
AGENCY: Minerals Management Service, 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.
DATES: This notice expires on September 30, 2008.
ADDRESSES: Inquiries or comments regarding this notice may be directed
to Shirley M. Conway, Regulations Manager, Minerals Revenue Management,
Minerals Management Service, 1849 C Street, NW., MS 5557 MIB,
Washington, DC 20240.
SUPPLEMENTARY INFORMATION:
I. Background
Title IV 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. Under the self-governance program certain programs, services,
functions, and activities, or portions thereof, in the Department's
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 the Department that is ``otherwise available to Indian
tribes or Indians,'' can be
[[Page 3268]]
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.
The Office of Self-Governance requested comments on the proposed
list on June 14, 2006. A number of editorial and technical changes were
provided by Interior's bureaus and incorporated into this Notice. While
the Notice of June 14, 2006, illustrated all eligible non-BIA programs
for the Department, this Notice is particular to Minerals Management
Service (MMS).
II. Eligible Non-BIA Programs of the Minerals Management Service
Below is a listing of the types of non-BIA programs, or portions
thereof, that may be eligible for self-governance 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
list represents the most current information on programs potentially
available to tribes under a self-governance funding agreement.
The MMS will also consider for inclusion in funding agreements
other programs or activities not included below, but which, upon
request of a self-governance tribe, MMS 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 such discussions.
The MMS provides stewardship of America's offshore resources and
collects revenues generated from mineral leases on Federal and Indian
lands. The 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.
The MMS also offers mineral-owning tribes other opportunities to
become involved in its Minerals Revenue Management (MRM) functions.
These programs address the intent of tribal self-governance but are
available regardless of self-governance intentions or status and are a
good prerequisite for assuming other technical functions. Generally,
MRM functions are available to tribes because of the Federal Oil and
Gas Royalty Management Act of 1982 (FOGRMA) at 30 U.S.C. 1701. The MRM
functions that may be available to self-governance tribes includes:
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 option.)
2. Verification of Tribal Royalty Payments. Financial compliance
verification and monitoring activities, and production verification.
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. On-line Monitoring of Royalties and Accounts. On-line computer
access to reports, payments, and royalty information contained in MMS
accounts. The 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 techniques. This
program is recommended for tribes that are considering a self-
governance funding agreement, but have not yet acquired mineral revenue
expertise via a FOGRMA section 202 cooperative agreement, as this is
the term contained in FOGRMA and implementing regulations at 30 CFR
228.4.
For questions regarding self-governance contact Shirley M. Conway,
Regulations Manager, Minerals Revenue Management, Minerals Management
Service, MS 5557 MIB,1849 C Street, NW., Washington, DC 20240,
telephone 202-208-3512, fax 202-501-0247.
III. Programmatic Targets
During Fiscal Year 2008, upon request of a self-governance tribe,
MMS will negotiate funding agreements for its eligible programs beyond
those already negotiated.
Dated: December 27, 2007.
Randall B. Luthi,
Director, Minerals Management Service.
[FR Doc. E8-766 Filed 1-16-08; 8:45 am]
BILLING CODE 4310-MR-P
