List of Programs Eligible for Inclusion in Fiscal Year 2012 Funding Agreements To Be Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs, 57068-57073 [2011-23683]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
List of Programs Eligible for Inclusion
in Fiscal Year 2012 Funding
Agreements To Be Negotiated With
Self-Governance Tribes by Interior
Bureaus Other Than the Bureau of
Indian Affairs
Office of the Secretary, Interior.
Notice.
AGENCY:
ACTION:
This notice lists programs or
portions of programs that are eligible for
inclusion in Fiscal Year 2012 funding
agreements with self-governance Indian
tribes and lists programmatic targets for
each of the non-Bureau of Indian Affairs
(BIA) bureaus in the Department of the
Interior, pursuant to the Tribal SelfGovernance Act.
DATES: This notice expires on
September 30, 2012.
ADDRESSES: Inquiries or comments
regarding this notice may be directed to
Sharee M. Freeman, Director, Office of
Self-Governance (MS 355H–SIB), 1849 C
SUMMARY:
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Street, NW., Washington, DC 20240–
0001, telephone: (202) 219–0240, fax:
(202) 219–1404, or to the bureauspecific points of contact listed below.
SUPPLEMENTARY INFORMATION:
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
Interior. 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 Tribal
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 Tribal 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 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
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
Self-Governance Act, funding
agreements cannot include programs,
services, functions, or activities that are
inherently Federal or where the statute
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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, the Secretary
will determine whether a specific
function is inherently Federal on a caseby-case basis considering the totality of
circumstances.
Subpart G of the self-governance
regulations found at 25 CFR part 1000
provides the process and timelines for
negotiating self-governance funding
agreements with non-BIA bureaus.
Response to Comments
Comments were received from two
Tribal entities (Coquille Indian Tribe
and Council of Athabascan Tribal
Governments) and two Federal entities
(National Park Service and U.S. Fish
and Wildlife Service).
The Coquille Indian Tribe suggested
the following: (1) Revising Section I.
Background [next to the last paragraph]
to indicate that the Secretary (not each
non-BIA bureau) will determine
whether a specific function is inherently
Federal on a case-by-case basis
considering the totality of
circumstances. This change was made;
(2) Revising Section III. A. Eligible
Bureau of Land Management (BLM)
Programs [Other Activities paragraph] to
change the title of Item 2. to Natural
Resources Management (from Forestry
Management) and insert silvicultural
treatments, timber management, cultural
resource management, watershed
restoration as additional activities. This
change was made; (3) Revising Section
III. A. Eligible Bureau of Land
Management (BLM) Programs [Other
Activities paragraph] to insert
implementation of statutory, regulatory
and policy or administrative plan-based
species protection efforts as additional
activities to Item 6. Wildlife and
Fisheries Habitat Management. This
change was made; (4) Add the
Administration of Forest Management
Deductions as a third program to
Section III. G. Eligible Office of the
Special Trustee for American Indians
(OST) Programs. This change was not
made. This is a decision beyond the
authority of the Office of the Special
Trustee for American Indians to make.
The Council of Athabascan Tribal
Governments suggested the following:
(1) Listing the Council of Athabascan
Tribal Governments in Section II. as
having a Self-Governance Funding
Agreement with the Bureau of Land
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Management. This change was made;
and (2) Keep Subsistence Programs
within the State of Alaska in the final
Federal Register Notice and add to the
eligible activities facilitation of Tribal
Consultation to ensure ANILCA Title
VII terms are being met, and activities
fulfilling the terms of Title VIII of
ANILCA. These changes were made.
The National Park Service suggested
adding the following three Parks to the
National Park Service section listing
Locations of National Park Service Units
with Close Proximity to SelfGovernance Tribes: (1) Isle Royale
National Park—Michigan; (2) Great
Smoky Mountains National Park—North
Carolina/Tennessee; and (3) Yosemite
National Park—California. These
changes were made.
The Fish and Wildlife Service
suggested adding the following three
Refuges to the Fish and Wildlife Service
section listing Locations of Refuges and
Hatcheries with Close Proximity to SelfGovernance Tribes: (1) National Bison
Range—Montana; (2) Ninepipe National
Wildlife Refuge—Montana; and (3)
Pablo National Wildlife Refuge—
Montana. These changes were made.
II. Funding Agreements Between SelfGovernance Tribes and Non-BIA
Bureaus of the Department of the
Interior for Fiscal Year 2011
A. Bureau of Land Management (1)
Council of Athabascan Tribal
Governments
B. Bureau of Reclamation (5)
Gila River Indian Community
Chippewa Cree Tribe of Rocky Boy’s
Reservation
Hoopa Valley Tribe
Karuk Tribe of California
Yurok Tribe
C. Office of Natural Resources Revenue
(none)
D. National Park Service (3)
Grand Portage Band of Lake Superior
Chippewa Indians
Lower Elwha S’Klallam Tribe
Yurok Tribe
E. Fish and Wildlife Service (2)
Council of Athabascan Tribal
Governments
Confederated Salish and Kootenai
Tribes of the Flathead Reservation
F. U.S. Geological Survey (none)
G. Office of the Special Trustee for
American Indians (1)
Confederated Salish and Kootenai
Tribes of the Flathead Reservation
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 selfgovernance funding agreements because
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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 funding agreement.
The Department will also consider for
inclusion in funding agreements other
programs or activities not listed 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 Bureau of Land Management
(BLM) Programs
The 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
self-governance tribe demonstrating a
special geographic, culture, or historical
connection, may also be available for
inclusion in self-governance funding
agreements. Once a tribe has made
initial contact with the BLM, more
specific information will be provided by
the respective BLM State office.
Some elements of the following
programs may be eligible for inclusion
in a self-governance funding agreement.
This listing is not all-inclusive, but is
representative of the types of programs
that may be eligible for tribal
participation through a funding
agreement.
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Tribal Services
1. Minerals Management. Inspection
and enforcement of Indian oil and gas
operations: 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.
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2. Natural Resources Management.
Activities such as silvicultural
treatments, timber management, cultural
resource management, watershed
restoration, 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 other 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,
implementation of statutory, regulatory
and policy or administrative plan-based
species protection, interpretive design
and construction, and similar activities
may be available in specific States.
7. Wild Horse Management.
Activities, such as wild horse roundups, adoption and disposition,
including operation and maintenance of
wild horse facilities may be available in
specific States.
For questions regarding selfgovernance, contact Jerry Cordova,
Bureau of Land Management (20 M St.
WS–5242), 1849 C Street, NW.,
Washington, DC 20240, telephone: (202)
912–7245, fax: (202) 452–7701.
B. Eligible Bureau of Reclamation
Programs
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
agricultural, municipal 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-
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governance annual 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.
4. Rocky Boy’s/North Central
Montana Regional Water System,
Montana.
5. Indian Water Rights Settlement
Projects, as authorized by Congress.
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.
For questions regarding selfgovernance, contact Mr. Douglas
Oellermann, Deputy Director, Native
American and International Affairs
Office, Bureau of Reclamation (96–
43000) (MS 7069–MIB); 1849 C Street,
NW., Washington, DC 20240, telephone:
(202) 513–0560, fax: (202) 513–0311.
C. Eligible Office of Natural Resources
Revenue (ONRR) Programs
Effective October 1, 2010, the
Minerals Revenue Management program
moved from the Bureau of Ocean Energy
Management (formerly MMS) to the
Office of the Assistant Secretary for
Policy, Management and Budget (PMB)
and became the Office of Natural
Resources Revenue (ONRR). The ONRR
collects, accounts for, and distributes
mineral revenues from both Federal and
Indian mineral leases.
The ONRR also evaluates industry
compliance with laws, regulations, and
lease terms, and offers mineral-owning
tribes opportunities to become involved
in its programs that address the intent
of tribal self-governance. These
programs are available regardless of selfgovernance intentions or status and are
a good prerequisite for assuming other
technical functions. Generally, ONRR
program functions are available to tribes
because of the Federal Oil and Gas
Royalty Management Act of 1983
(FOGRMA) at 30 U.S.C. 1701. The
ONRR program functions that may be
available to self-governance tribes
include:
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 ONRR
cooperative audits, this program is
offered as an option.)
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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 Internship Program. An
orientation and training program for
auditors and accountants from mineralproducing 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,
Special Assistant to the Director, Office
of Natural Resources Revenue, Office of
the Assistant Secretary—Policy,
Management and Budget—1801
Pennsylvania Ave., NW., 4th Floor,
403D, Washington, DC 20006,
telephone: (202) 254–5554, fax: (202)
254–5589.
D. Eligible National Park Service (NPS)
Programs
The National Park Service administers
the National Park System, which is
made up of national parks, monuments,
historic sites, battlefields, seashores,
lake shores and recreation areas. The
National Park Service 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 the following
programs may be eligible for inclusion
in a self-governance funding agreement.
This list below was developed
considering the proximity of an
identified self-governance tribe to a
national park, monument, preserve, or
recreation area and the types of
programs that have components that
may be suitable for contracting through
a self-governance funding agreement.
This list is not all-inclusive, but is
representative of the types of programs
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which may be eligible for tribal
participation through funding
agreements.
Elements of Programs That May Be
Eligible for Inclusion in a SelfGovernance 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
Data—Alaska
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 Assessment—Alaska
16. Reindeer Grazing—Alaska
17. Road Repair
18. Solid Waste Collection and Disposal
19. Trail Rehabilitation
20. Watershed Restoration and
Maintenance
21. Beringia Research
22. Elwha River Restoration
23. Recycling Programs
Locations of National Park Service Units
With Close Proximity to SelfGovernance Tribes
1. Aniakchack National Monument &
Preserve—Alaska
2. Bering Land Bridge National
Preserve—Alaska
3. Cape Krusenstern National
Monument—Alaska
4. Denali National Park & Preserve—
Alaska
5. Gates of the Arctic National Park &
Preserve—Alaska
6. Glacier Bay National Park and
Preserve—Alaska
7. Katmai National Park and Preserve—
Alaska
8. Kenai Fjords National Park—Alaska
9. Klondike Gold Rush National
Historical Park—Alaska
10. Kobuk Valley National Park—Alaska
11. Lake Clark National Park and
Preserve—Alaska
12. Noatak National Preserve—Alaska
13. Sitka National Historical Park—
Alaska
14. Wrangell-St. Elias National Park and
Preserve—Alaska
15. Yukon-Charley Rivers National
Preserve—Alaska
16. Casa Grande Ruins National
Monument—Arizona
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17. Hohokam Pima National
Monument—Arizona
18. Montezuma Castle National
Monument—Arizona
19. Organ Pipe Cactus National
Monument—Arizona
20. Saguaro National Park—Arizona
21. Tonto National Monument—Arizona
22. Tumacacori National Historical
Park—Arizona
23. Tuzigoot National Monument—
Arizona
24. Arkansas Post National Memorial—
Arkansas
25. Joshua Tree National Park—
California
26. Lassen Volcanic National Park—
California
27. Redwood National Park—California
28. Whiskeytown National Recreation
Area—California
29. Yosemite National Park—California
30. Hagerman Fossil Beds National
Monument—Idaho
31. Effigy Mounds National
Monument—Iowa
32. Fort Scott National Historic Site—
Kansas
33. Tallgrass Prairie National Preserve—
Kansas
34. Boston Harbor Islands National
Recreation Area—Massachusetts
35. Cape Cod National Seashore—
Massachusetts
36. New Bedford Whaling National
Historical Park—Massachusetts
37. Isle Royale National Park—Michigan
38. Sleeping Bear Dunes National
Lakeshore—Michigan
39. Grand Portage National
Monument—Minnesota
40. Voyageurs National Park—
Minnesota
41. Bear Paw Battlefield, Nez Perce
National Historical Park—Montana
42. Glacier National Park—Montana
43. Great Basin National Park—Nevada
44. Aztec Ruins National Monument—
New Mexico
45. Bandelier National Monument—
New Mexico
46. Carlsbad Caverns National Park—
New Mexico
47. Chaco Culture National Historic
Park—New Mexico
48. White Sands National Monument—
New Mexico
49. Fort Stanwix National Monument—
New York
50. Great Smoky Mountains National
Park—North Carolina/Tennessee
51. Cuyahoga Valley National Park—
Ohio
52. Hopewell Culture National
Historical Park—Ohio
53. Chickasaw National Recreation
Area—Oklahoma
54. John Day Fossil Beds National
Monument—Oregon
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55. Alibates Flint Quarries National
Monument—Texas
56. Guadalupe Mountains National
Park—Texas
57. Lake Meredith National Recreation
Area—Texas
58. Ebey’s Landing National Recreation
Area—Washington
59. Mt. Rainier National Park—
Washington
60. Olympic National Park—
Washington
61. San Juan Islands National Historic
Park—Washington
62. Whitman Mission National Historic
Site—Washington
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 20005–5905, telephone:
(202) 354–6962, fax: (202) 371–6609.
E. Eligible Fish and Wildlife Service
(Service) Programs
The mission of the U.S. Fish &
Wildlife Service is, working with others
to conserve, protect, and enhance fish,
wildlife, and plants 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. The Service 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 Tribal SelfGovernance Act. This list is not allinclusive, but is representative of the
types of Service programs that may be
eligible for tribal participation through
an annual funding agreement.
1. Subsistence Programs within the
State of Alaska. Evaluate and analyze
data for annual subsistence regulatory
cycles and other data trends related to
subsistence harvest needs, and facilitate
Tribal Consultation to ensure ANILCA
Title VII terms are being met as well as
activities fulfilling the terms of Title VIII
of ANILCA.
2. Technical Assistance, Restoration
and Conservation. Conduct planning
and implementation of population
surveys, habitat surveys, restoration of
sport fish, capture of depredating
migratory birds, and habitat restoration
activities.
3. Endangered Species Programs.
Conduct activities associated with the
conservation and recovery of threatened
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or endangered species protected under
the Endangered Species Act (ESA);
candidate species under the ESA may be
eligible for self-governance funding
agreements. These activities may
include, but are limited to, cooperative
conservation programs, development of
recovery plans and implementation of
recovery actions for threatened and
endangered species, and
implementation of status surveys for
high priority candidate species.
4. Education Programs. Provide
services in interpretation, outdoor
classroom instruction, visitor center
operations, and volunteer coordination
both on and off national Wildlife Refuge
lands in a variety of communities, and
assist with environmental education
and outreach efforts in local villages.
5. Environmental Contaminants
Program. Conduct activities associated
with identifying and removing toxic
chemicals, which help prevent harm to
fish, wildlife and their habitats. The
activities required for environmental
contaminant management may include,
but are not limited to, analysis of
pollution data, removal of underground
storage tanks, specific cleanup
activities, and field data gathering
efforts.
6. Wetland and Habitat Conservation
Restoration. Provide services for
construction, planning, and habitat
monitoring and activities associated
with conservation and restoration of
wetland habitat.
7. Fish Hatchery Operations. Conduct
activities to recover aquatic species
listed under the Endangered Species
Act, restore native aquatic populations,
and provide fish to benefit Tribes and
National Wildlife Refuges that may be
eligible for a self-governance funding
agreement. Such activities may include,
but are not limited to: taking, rearing
and feeding of fish, disease treatment,
tagging, and clerical or facility
maintenance at a fish hatchery.
8. National Wildlife Refuge
Operations and Maintenance. Conduct
activities to assist the National Wildlife
Refuge System, a national network of
lands and waters for conservation,
management and restoration of fish,
wildlife and plant resources and their
habitats within the United States.
Activities that may be eligible for a selfgovernance funding agreement may
include, but are not limited to:
Construction, farming, concessions,
maintenance, biological program efforts,
habitat management, fire management,
and implementation of comprehensive
conservation planning.
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Locations of Refuges and Hatcheries
With Close Proximity to SelfGovernance Tribes
The Service developed the list below
based on the proximity of identified
self-governance tribes to Service
facilities that have components that may
be suitable for contracting through a
self-governance funding agreement.
1. Alaska National Wildlife Refuges—
Alaska
2. Alchesay National Fish Hatchery—
Arizona
3. Humboldt Bay National Wildlife
Refuge—California
4. Kootenai National Wildlife Refuge—
Idaho
5. Agassiz National Wildlife Refuge—
Minnesota
6. Mille Lacs National Wildlife Refuge—
Minnesota
7. Rice Lake National Wildlife Refuge—
Minnesota
8. National Bison Range—Montana
9. Ninepipe National Wildlife Refuge—
Montana
10. Pablo National Wildlife Refute—
Montana
11. Sequoyah National Wildlife
Refuge—Oklahoma
12. Tishomingo National Wildlife
Refute—Oklahoma
13. Bandon Marsh National Wildlife
Refuge—Washington
14. Dungeness National Wildlife
Refuge—Washington
15. Makah National Fish Hatchery—
Washington
16. Nisqually National Wildlife
Refuge—Washington
17. Quinault National Fish Hatchery—
Washington
18. San Juan Islands National Wildlife
Refuge—Washington
19. Tamarac National Wildlife Refuge—
Wisconsin
For questions regarding selfgovernance, contact Patrick Durham,
Fish and Wildlife Service (MS–330),
4401 N. Fairfax Drive, Arlington, VA
22203, telephone: (703) 358–1728, fax:
(703) 358–1930.
F. Eligible U.S. Geological Survey
(USGS) Programs
The mission of the 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
E:\FR\FM\15SEN1.SGM
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Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Notices
wreier-aviles on DSKGBLS3C1PROD with NOTICES
processes of the earth. The USGS does
not manage lands or resources. Selfgovernance tribes may potentially assist
the USGS in the data acquisition and
analysis components of its activities.
For questions regarding selfgovernance, contact Monique Fordham,
National Tribal Liaison, U.S. Geological
Survey, 12201 Sunrise Valley Drive,
Mail Stop 911, Reston, VA 20192,
telephone 703–648–4437, fax 703–648–
6683.
G. Eligible Office of the Special Trustee
for American Indians (OST) Programs
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 Indian trust
assets, including income generated from
leasing and other commercial activities
on Indian trust lands, by maintaining,
investing and disbursing Indian trust
financial assets, and reporting on these
transactions. 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
self-governance activities.
A tribe operating under selfgovernance may include the following
programs, services, functions, and
activities or portions thereof in a
funding agreement:
1. Beneficiary Processes Program
(Individual Indian Money Accounting
Technical Functions).
2. Appraisal Services Program.
Tribes/consortia that currently perform
these programs under a self-governance
funding agreement with the BIA 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 funding
agreement with the BIA, an MOU is not
necessary. To the extent that the parties
desire specific program standards, an
MOU will be negotiated between the
tribe/consortium and OST, which will
be binding on both parties and attached
and incorporated into the BIA funding
agreement.
If a tribe/consortium decides to
assume the operation of an OST
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program, the new funding for
performing that program will come from
OST program dollars. A tribe’s newlyassumed operation of the OST
program(s) will be reflected in the
tribe’s funding agreement.
For questions regarding selfgovernance, contact Lee Frazier,
Program Analyst, Office of External
Affairs, Office of the Special Trustee for
American Indians (MS 5140—MIB),
1849 C Street, NW., Washington, DC
20240–0001, phone: (202) 208–7587,
fax: (202) 208–7545.
IV. Programmatic Targets
During Fiscal Year 2012, upon request
of a self-governance tribe, each non-BIA
bureau will negotiate funding
agreements for its eligible programs
beyond those already negotiated.
Dated: August 26, 2011.
Ken Salazar,
Secretary.
[FR Doc. 2011–23683 Filed 9–14–11; 8:45 am]
BILLING CODE 4310–W8–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[L51010000.FX0000.LVRWB09B3350]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed enXco Desert Harvest
Solar Farm Project, Riverside County,
CA and Possible Land Use Plan
Amendment
Bureau of Land Management,
Interior.
ACTION: Notice of Intent.
AGENCY:
In compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), and the
Federal Land Policy and Management
Act of 1976, as amended (FLPMA), the
Bureau of Land Management (BLM)
Palm Springs South Coast Field Office,
Palm Springs, California, intends to
prepare an Environmental Impact
Statement (EIS), which may include an
amendment to the California Desert
Conservation Area (CDCA) Plan (1980 as
amended), related to enXco’s right-ofway (ROW) application for the Desert
Harvest Solar Farm Project (Desert
Harvest Project), a 150-megawatt (MW)
photovoltaic (PV) solar electricity
generation project. By this notice the
BLM is announcing the beginning of the
scoping process to solicit public
comments and identify issues related to
the EIS.
DATES: This notice initiates the public
scoping process for the EIS and possible
SUMMARY:
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
57073
plan amendment. Comments on issues
may be submitted in writing until
October 17, 2011. The date(s) and
location(s) of any scoping meetings will
be announced at least 15 days in
advance through the local news media,
newspapers and the BLM Web site at:
https://www.blm.gov/ca/st/en/fo/
palmsprings/Solar_Projects.html. In
order to be included in the Draft EIS, all
comments must be received prior to the
close of the scoping period or 15 days
after the last public meeting, whichever
is later. We will provide additional
opportunities for public participation
upon publication of the Draft EIS.
ADDRESSES: Written comments related
to the EIS and possible plan amendment
may be submitted by the following
methods:
• Web site: https://www.blm.gov/ca/st/
en.html
• E-mail: CAdesertharvest@blm.gov
• Fax: (951) 697–5299
• Mail: Lynnette Elser, Planning and
Environmental Coordinator, BLM
California Desert District Office,
22835 Calle San Juan de Los Lagos,
Moreno Valley, California 92553
Documents pertinent to these proposals
may be examined at the BLM Palm
Springs South Coast Field Office, 1201
Bird Center Drive, Palm Springs,
California 92262 or at the BLM
California Desert District Office at 22835
Calle San Juan de Los Lagos, Moreno
Valley, California 92553.
FOR FURTHER INFORMATION CONTACT: For
further information and/or to have your
name added to our mailing list, contact
Lynnette Elser, Planning and
Environmental Coordinator; telephone
(951) 697–5233; address 22835 Calle
San Juan de Los Lagos, Moreno Valley,
CA 92553; e-mail lelser@blm.gov.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 1–800–877–8339 to contact the
above individual during normal
business hours. This service is available
24 hours a day, 7 days a week, to leave
a message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: The
applicant, enXco, has requested a rightof-way (ROW) authorization to
construct, operate, maintain, and
decommission the Desert Harvest
Project. The proposed project would be
located on BLM-administered lands in
Riverside County about 6 miles north of
the rural community of Desert Center,
California. The overall site layout and
generalized land uses would include a
substation, an administration building,
operations and maintenance facilities, a
E:\FR\FM\15SEN1.SGM
15SEN1
]]>Agencies
[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Notices]
[Pages 57068-57073]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23683]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
List of Programs Eligible for Inclusion in Fiscal Year 2012
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 2012 funding agreements with
self-governance Indian tribes and lists programmatic targets for each
of the non-Bureau of Indian Affairs (BIA) bureaus in the Department of
the Interior, pursuant to the Tribal Self-Governance Act.
DATES: This notice expires on September 30, 2012.
ADDRESSES: Inquiries or comments regarding this notice may be directed
to Sharee M. Freeman, Director, Office of Self-Governance (MS 355H-
SIB), 1849 C
[[Page 57069]]
Street, NW., Washington, DC 20240-0001, telephone: (202) 219-0240, fax:
(202) 219-1404, or to the bureau-specific points of contact listed
below.
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. 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 Tribal 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 Tribal 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 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 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 Tribal Self-Governance 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, the Secretary will determine whether a specific function is
inherently Federal on a case-by-case basis considering the totality of
circumstances.
Subpart G of the self-governance regulations found at 25 CFR part
1000 provides the process and timelines for negotiating self-governance
funding agreements with non-BIA bureaus.
Response to Comments
Comments were received from two Tribal entities (Coquille Indian
Tribe and Council of Athabascan Tribal Governments) and two Federal
entities (National Park Service and U.S. Fish and Wildlife Service).
The Coquille Indian Tribe suggested the following: (1) Revising
Section I. Background [next to the last paragraph] to indicate that the
Secretary (not each non-BIA bureau) will determine whether a specific
function is inherently Federal on a case-by-case basis considering the
totality of circumstances. This change was made; (2) Revising Section
III. A. Eligible Bureau of Land Management (BLM) Programs [Other
Activities paragraph] to change the title of Item 2. to Natural
Resources Management (from Forestry Management) and insert
silvicultural treatments, timber management, cultural resource
management, watershed restoration as additional activities. This change
was made; (3) Revising Section III. A. Eligible Bureau of Land
Management (BLM) Programs [Other Activities paragraph] to insert
implementation of statutory, regulatory and policy or administrative
plan-based species protection efforts as additional activities to Item
6. Wildlife and Fisheries Habitat Management. This change was made; (4)
Add the Administration of Forest Management Deductions as a third
program to Section III. G. Eligible Office of the Special Trustee for
American Indians (OST) Programs. This change was not made. This is a
decision beyond the authority of the Office of the Special Trustee for
American Indians to make.
The Council of Athabascan Tribal Governments suggested the
following: (1) Listing the Council of Athabascan Tribal Governments in
Section II. as having a Self-Governance Funding Agreement with the
Bureau of Land Management. This change was made; and (2) Keep
Subsistence Programs within the State of Alaska in the final Federal
Register Notice and add to the eligible activities facilitation of
Tribal Consultation to ensure ANILCA Title VII terms are being met, and
activities fulfilling the terms of Title VIII of ANILCA. These changes
were made.
The National Park Service suggested adding the following three
Parks to the National Park Service section listing Locations of
National Park Service Units with Close Proximity to Self-Governance
Tribes: (1) Isle Royale National Park--Michigan; (2) Great Smoky
Mountains National Park--North Carolina/Tennessee; and (3) Yosemite
National Park--California. These changes were made.
The Fish and Wildlife Service suggested adding the following three
Refuges to the Fish and Wildlife Service section listing Locations of
Refuges and Hatcheries with Close Proximity to Self-Governance Tribes:
(1) National Bison Range--Montana; (2) Ninepipe National Wildlife
Refuge--Montana; and (3) Pablo National Wildlife Refuge--Montana. These
changes were made.
II. Funding Agreements Between Self-Governance Tribes and Non-BIA
Bureaus of the Department of the Interior for Fiscal Year 2011
A. Bureau of Land Management (1)
Council of Athabascan Tribal Governments
B. Bureau of Reclamation (5)
Gila River Indian Community
Chippewa Cree Tribe of Rocky Boy's Reservation
Hoopa Valley Tribe
Karuk Tribe of California
Yurok Tribe
C. Office of Natural Resources Revenue (none)
D. National Park Service (3)
Grand Portage Band of Lake Superior Chippewa Indians
Lower Elwha S'Klallam Tribe
Yurok Tribe
E. Fish and Wildlife Service (2)
Council of Athabascan Tribal Governments
Confederated Salish and Kootenai Tribes of the Flathead Reservation
F. U.S. Geological Survey (none)
G. Office of the Special Trustee for American Indians (1)
Confederated Salish and Kootenai Tribes of the Flathead Reservation
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 funding
agreements because
[[Page 57070]]
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 funding agreement.
The Department will also consider for inclusion in funding
agreements other programs or activities not listed 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 Bureau of Land Management (BLM) Programs
The 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 self-governance tribe demonstrating a
special geographic, culture, or historical connection, may also be
available for inclusion in self-governance funding agreements. Once a
tribe has made initial contact with the BLM, more specific information
will be provided by the respective BLM State office.
Some elements of the following programs may be eligible for
inclusion in a self-governance funding agreement. This listing is not
all-inclusive, but is representative of the types of programs that may
be eligible for tribal participation through a funding agreement.
Tribal Services
1. Minerals Management. Inspection and enforcement of Indian oil
and gas operations: 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. Natural Resources Management. Activities such as silvicultural
treatments, timber management, cultural resource management, watershed
restoration, 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 other 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, implementation of statutory, regulatory
and policy or administrative plan-based species protection,
interpretive design and construction, and similar activities may be
available in specific States.
7. Wild Horse Management. Activities, such as wild horse round-ups,
adoption and disposition, including operation and maintenance of wild
horse facilities may be available in specific States.
For questions regarding self-governance, contact Jerry Cordova,
Bureau of Land Management (20 M St. WS-5242), 1849 C Street, NW.,
Washington, DC 20240, telephone: (202) 912-7245, fax: (202) 452-7701.
B. Eligible Bureau of Reclamation Programs
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 agricultural, municipal 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 annual 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.
4. Rocky Boy's/North Central Montana Regional Water System,
Montana.
5. Indian Water Rights Settlement Projects, as authorized by
Congress.
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.
For questions regarding self-governance, contact Mr. Douglas
Oellermann, Deputy Director, Native American and International Affairs
Office, Bureau of Reclamation (96-43000) (MS 7069-MIB); 1849 C Street,
NW., Washington, DC 20240, telephone: (202) 513-0560, fax: (202) 513-
0311.
C. Eligible Office of Natural Resources Revenue (ONRR) Programs
Effective October 1, 2010, the Minerals Revenue Management program
moved from the Bureau of Ocean Energy Management (formerly MMS) to the
Office of the Assistant Secretary for Policy, Management and Budget
(PMB) and became the Office of Natural Resources Revenue (ONRR). The
ONRR collects, accounts for, and distributes mineral revenues from both
Federal and Indian mineral leases.
The ONRR also evaluates industry compliance with laws, regulations,
and lease terms, and offers mineral-owning tribes opportunities to
become involved in its programs that address the intent of tribal self-
governance. These programs are available regardless of self-governance
intentions or status and are a good prerequisite for assuming other
technical functions. Generally, ONRR program functions are available to
tribes because of the Federal Oil and Gas Royalty Management Act of
1983 (FOGRMA) at 30 U.S.C. 1701. The ONRR program functions that may be
available to self-governance tribes include:
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
ONRR cooperative audits, this program is offered as an option.)
[[Page 57071]]
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 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,
Special Assistant to the Director, Office of Natural Resources Revenue,
Office of the Assistant Secretary--Policy, Management and Budget--1801
Pennsylvania Ave., NW., 4th Floor, 403D, Washington, DC 20006,
telephone: (202) 254-5554, fax: (202) 254-5589.
D. Eligible National Park Service (NPS) Programs
The National Park Service administers the National Park System,
which is made up of national parks, monuments, historic sites,
battlefields, seashores, lake shores and recreation areas. The National
Park Service 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 the following programs may be eligible for
inclusion in a self-governance funding agreement. This list below was
developed considering the proximity of an identified self-governance
tribe to a national park, monument, preserve, or recreation area and
the types of programs that have components that may be suitable for
contracting through a self-governance funding agreement. This list is
not all-inclusive, but is representative of the types of programs which
may be eligible for tribal participation through funding agreements.
Elements of Programs That May Be Eligible for Inclusion in a Self-
Governance 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 Data--Alaska
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 Assessment--Alaska
16. Reindeer Grazing--Alaska
17. Road Repair
18. Solid Waste Collection and Disposal
19. Trail Rehabilitation
20. Watershed Restoration and Maintenance
21. Beringia Research
22. Elwha River Restoration
23. Recycling Programs
Locations of National Park Service Units With Close Proximity to Self-
Governance Tribes
1. Aniakchack National Monument & Preserve--Alaska
2. Bering Land Bridge National Preserve--Alaska
3. Cape Krusenstern National Monument--Alaska
4. Denali National Park & Preserve--Alaska
5. Gates of the Arctic National Park & Preserve--Alaska
6. Glacier Bay National Park and Preserve--Alaska
7. Katmai National Park and Preserve--Alaska
8. Kenai Fjords National Park--Alaska
9. Klondike Gold Rush National Historical Park--Alaska
10. Kobuk Valley National Park--Alaska
11. Lake Clark National Park and Preserve--Alaska
12. Noatak National Preserve--Alaska
13. Sitka National Historical Park--Alaska
14. Wrangell-St. Elias National Park and Preserve--Alaska
15. Yukon-Charley Rivers National Preserve--Alaska
16. Casa Grande Ruins National Monument--Arizona
17. Hohokam Pima National Monument--Arizona
18. Montezuma Castle National Monument--Arizona
19. Organ Pipe Cactus National Monument--Arizona
20. Saguaro National Park--Arizona
21. Tonto National Monument--Arizona
22. Tumacacori National Historical Park--Arizona
23. Tuzigoot National Monument--Arizona
24. Arkansas Post National Memorial--Arkansas
25. Joshua Tree National Park--California
26. Lassen Volcanic National Park--California
27. Redwood National Park--California
28. Whiskeytown National Recreation Area--California
29. Yosemite National Park--California
30. Hagerman Fossil Beds National Monument--Idaho
31. Effigy Mounds National Monument--Iowa
32. Fort Scott National Historic Site--Kansas
33. Tallgrass Prairie National Preserve--Kansas
34. Boston Harbor Islands National Recreation Area--Massachusetts
35. Cape Cod National Seashore--Massachusetts
36. New Bedford Whaling National Historical Park--Massachusetts
37. Isle Royale National Park--Michigan
38. Sleeping Bear Dunes National Lakeshore--Michigan
39. Grand Portage National Monument--Minnesota
40. Voyageurs National Park--Minnesota
41. Bear Paw Battlefield, Nez Perce National Historical Park--Montana
42. Glacier National Park--Montana
43. Great Basin National Park--Nevada
44. Aztec Ruins National Monument--New Mexico
45. Bandelier National Monument--New Mexico
46. Carlsbad Caverns National Park--New Mexico
47. Chaco Culture National Historic Park--New Mexico
48. White Sands National Monument--New Mexico
49. Fort Stanwix National Monument--New York
50. Great Smoky Mountains National Park--North Carolina/Tennessee
51. Cuyahoga Valley National Park--Ohio
52. Hopewell Culture National Historical Park--Ohio
53. Chickasaw National Recreation Area--Oklahoma
54. John Day Fossil Beds National Monument--Oregon
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55. Alibates Flint Quarries National Monument--Texas
56. Guadalupe Mountains National Park--Texas
57. Lake Meredith National Recreation Area--Texas
58. Ebey's Landing National Recreation Area--Washington
59. Mt. Rainier National Park--Washington
60. Olympic National Park--Washington
61. San Juan Islands National Historic Park--Washington
62. Whitman Mission National Historic Site--Washington
For questions regarding self-governance, contact Dr. Patricia
Parker, Chief, American Indian Liaison Office, National Park Service
(Org. 2560, 9th Floor), 1201 Eye Street, NW., Washington, DC 20005-
5905, telephone: (202) 354-6962, fax: (202) 371-6609.
E. Eligible Fish and Wildlife Service (Service) Programs
The mission of the U.S. Fish & Wildlife Service is, working with
others to conserve, protect, and enhance fish, wildlife, and plants 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. The
Service 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 Tribal Self-Governance Act.
This list is not all-inclusive, but is representative of the types of
Service programs that may be eligible for tribal participation through
an annual funding agreement.
1. Subsistence Programs within the State of Alaska. Evaluate and
analyze data for annual subsistence regulatory cycles and other data
trends related to subsistence harvest needs, and facilitate Tribal
Consultation to ensure ANILCA Title VII terms are being met as well as
activities fulfilling the terms of Title VIII of ANILCA.
2. Technical Assistance, Restoration and Conservation. Conduct
planning and implementation of population surveys, habitat surveys,
restoration of sport fish, capture of depredating migratory birds, and
habitat restoration activities.
3. Endangered Species Programs. Conduct activities associated with
the conservation and recovery of threatened or endangered species
protected under the Endangered Species Act (ESA); candidate species
under the ESA may be eligible for self-governance funding agreements.
These activities may include, but are limited to, cooperative
conservation programs, development of recovery plans and implementation
of recovery actions for threatened and endangered species, and
implementation of status surveys for high priority candidate species.
4. Education Programs. Provide services in interpretation, outdoor
classroom instruction, visitor center operations, and volunteer
coordination both on and off national Wildlife Refuge lands in a
variety of communities, and assist with environmental education and
outreach efforts in local villages.
5. Environmental Contaminants Program. Conduct activities
associated with identifying and removing toxic chemicals, which help
prevent harm to fish, wildlife and their habitats. The activities
required for environmental contaminant management may include, but are
not limited to, analysis of pollution data, removal of underground
storage tanks, specific cleanup activities, and field data gathering
efforts.
6. Wetland and Habitat Conservation Restoration. Provide services
for construction, planning, and habitat monitoring and activities
associated with conservation and restoration of wetland habitat.
7. Fish Hatchery Operations. Conduct activities to recover aquatic
species listed under the Endangered Species Act, restore native aquatic
populations, and provide fish to benefit Tribes and National Wildlife
Refuges that may be eligible for a self-governance funding agreement.
Such activities may include, but are not limited to: taking, rearing
and feeding of fish, disease treatment, tagging, and clerical or
facility maintenance at a fish hatchery.
8. National Wildlife Refuge Operations and Maintenance. Conduct
activities to assist the National Wildlife Refuge System, a national
network of lands and waters for conservation, management and
restoration of fish, wildlife and plant resources and their habitats
within the United States. Activities that may be eligible for a self-
governance funding agreement may include, but are not limited to:
Construction, farming, concessions, maintenance, biological program
efforts, habitat management, fire management, and implementation of
comprehensive conservation planning.
Locations of Refuges and Hatcheries With Close Proximity to Self-
Governance Tribes
The Service developed the list below based on the proximity of
identified self-governance tribes to Service facilities that have
components that may be suitable for contracting through a self-
governance funding agreement.
1. Alaska National Wildlife Refuges--Alaska
2. Alchesay National Fish Hatchery--Arizona
3. Humboldt Bay National Wildlife Refuge--California
4. Kootenai National Wildlife Refuge--Idaho
5. Agassiz National Wildlife Refuge--Minnesota
6. Mille Lacs National Wildlife Refuge--Minnesota
7. Rice Lake National Wildlife Refuge--Minnesota
8. National Bison Range--Montana
9. Ninepipe National Wildlife Refuge--Montana
10. Pablo National Wildlife Refute--Montana
11. Sequoyah National Wildlife Refuge--Oklahoma
12. Tishomingo National Wildlife Refute--Oklahoma
13. Bandon Marsh National Wildlife Refuge--Washington
14. Dungeness National Wildlife Refuge--Washington
15. Makah National Fish Hatchery--Washington
16. Nisqually National Wildlife Refuge--Washington
17. Quinault National Fish Hatchery--Washington
18. San Juan Islands National Wildlife Refuge--Washington
19. Tamarac National Wildlife Refuge--Wisconsin
For questions regarding self-governance, contact Patrick Durham,
Fish and Wildlife Service (MS-330), 4401 N. Fairfax Drive, Arlington,
VA 22203, telephone: (703) 358-1728, fax: (703) 358-1930.
F. Eligible U.S. Geological Survey (USGS) Programs
The mission of the 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
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processes of the earth. The USGS does not manage lands or resources.
Self-governance tribes may potentially assist the USGS in the data
acquisition and analysis components of its activities.
For questions regarding self-governance, contact Monique Fordham,
National Tribal Liaison, U.S. Geological Survey, 12201 Sunrise Valley
Drive, Mail Stop 911, Reston, VA 20192, telephone 703-648-4437, fax
703-648-6683.
G. Eligible Office of the Special Trustee for American Indians (OST)
Programs
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 Indian trust assets, including income
generated from leasing and other commercial activities on Indian trust
lands, by maintaining, investing and disbursing Indian trust financial
assets, and reporting on these transactions. 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 self-governance activities.
A tribe operating under self-governance may include the following
programs, services, functions, and activities or portions thereof in a
funding agreement:
1. Beneficiary Processes Program (Individual Indian Money
Accounting Technical Functions).
2. Appraisal Services Program. Tribes/consortia that currently
perform these programs under a self-governance funding agreement with
the BIA 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 funding agreement with the BIA, an MOU is
not necessary. To the extent that the parties desire specific program
standards, an MOU will be negotiated between the tribe/consortium and
OST, which will be binding on both parties and attached and
incorporated into the BIA funding agreement.
If a tribe/consortium decides to assume the operation of an OST
program, the new funding for performing that program will come from OST
program dollars. A tribe's newly-assumed operation of the OST
program(s) will be reflected in the tribe's funding agreement.
For questions regarding self-governance, contact Lee Frazier,
Program Analyst, Office of External Affairs, Office of the Special
Trustee for American Indians (MS 5140--MIB), 1849 C Street, NW.,
Washington, DC 20240-0001, phone: (202) 208-7587, fax: (202) 208-7545.
IV. Programmatic Targets
During Fiscal Year 2012, upon request of a self-governance tribe,
each non-BIA bureau will negotiate funding agreements for its eligible
programs beyond those already negotiated.
Dated: August 26, 2011.
Ken Salazar,
Secretary.
[FR Doc. 2011-23683 Filed 9-14-11; 8:45 am]
BILLING CODE 4310-W8-P
