List of Programs Eligible for Inclusion in Fiscal Year 2013 Funding Agreements To Be Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs, 4861-4865 [2013-01246]

Download as PDF Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices Individuals or groups requesting to make comment at the public Committee meeting will be limited to 2 minutes per speaker, with no more than a total of 15 minutes for all speakers. Interested parties should contact Lisa Young, DFO, in writing (preferably via email), by Wednesday, August 22, 2012. (See FOR FURTHER INFORMATION CONTACT, to be placed on the public speaker list for this meeting.) In order to attend this meeting, you must register by close of business Tuesday, February 12, 2013. The meeting is open to the public. Calls in lines are limited, so all interested in attending should pre-register, and at that time will be given the call in information. Please submit your name, email address and phone number to Lisa Young via email at Lisa_Young@ios.doi.gov or by phone at (202) 208–7586. Dated: January 17, 2013. Lisa Young, Designated Federal Officer. [FR Doc. 2013–01304 Filed 1–22–13; 8:45 am] BILLING CODE 4310–10–P DEPARTMENT OF THE INTERIOR Office of the Secretary List of Programs Eligible for Inclusion in Fiscal Year 2013 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 2013 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, 2013. ADDRESSES: Inquiries or comments regarding this notice may be directed to Sharee M. Freeman, Director, Office of Self-Governance (MS 355H–SIB), 1849 C 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: wreier-aviles on DSK5TPTVN1PROD with SUMMARY: I. Background Title II of the Indian SelfDetermination Act Amendments of 1994 (Pub. L. 103–413, the ‘‘Tribal Self- VerDate Mar<15>2010 15:22 Jan 22, 2013 Jkt 229001 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 tribe. 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 tribe 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 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 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 non-BIA Bureaus will determine whether a PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 4861 specific function is inherently Federal on a case-by-case basis considering the totality of circumstances. In those instances where the tribe disagrees with the Bureau’s determination, the tribe may request reconsideration from the Secretary. 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 No comments were received. II. Funding Agreements Between SelfGovernance Tribes and Non-BIA Bureaus of the Department of the Interior for Fiscal Year 2012 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 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 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 E:\FR\FM\23JAN1.SGM 23JAN1 4862 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices 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. wreier-aviles on DSK5TPTVN1PROD with 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 VerDate Mar<15>2010 15:22 Jan 22, 2013 Jkt 229001 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 selfgovernance, contact Jerry Cordova, Bureau of Land Management (MS L St204), 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 selfgovernance 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 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 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. Kelly Titensor, Policy Analyst, Native American and International Affairs Office, Bureau of Reclamation (96–43000) (MS 7069– MIB); 1849 C Street NW., Washington DC 20240, telephone: (202) 513–0558, fax: (202) 513–0311. C. Eligible Office of Natural Resources Revenue (ONRR) Programs Effective October 1, 2010, the Office of Natural Resources Revenue (ONNR) moved from the Bureau of Ocean Energy Management (formerly MMS) to the Office of the Assistant Secretary for Policy, Management and Budget (PMB). 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 to selfgovernance tribes 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.) 2. Verification of Tribal Royalty Payments. Financial compliance verification, 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- E:\FR\FM\23JAN1.SGM 23JAN1 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices 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, Special Assistant to the Director, Office of Natural Resources Revenue, Office of the Assistant Secretary—Policy, Management and Budget, 1801 Pennsylvania Avenue NW., 4th Floor, Washington, DC 20006, telephone: (202) 254–5554, fax: (202) 254–5589. wreier-aviles on DSK5TPTVN1PROD with 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 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 VerDate Mar<15>2010 15:22 Jan 22, 2013 Jkt 229001 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 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 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 4863 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 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., E:\FR\FM\23JAN1.SGM 23JAN1 4864 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices wreier-aviles on DSK5TPTVN1PROD with Washington, DC 20005–5905, telephone: (202) 354–6962, fax: (202) 371–6609. E. Eligible Fish and Wildlife Service (Service) Programs The mission of the Service is to conserve, protect, and enhance fish, wildlife, and their habitats for the continuing benefit of the American people. Primary responsibilities are for migratory birds, endangered species, freshwater and anadromous fisheries, and certain marine mammals. 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 selfgovernance 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 not 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 VerDate Mar<15>2010 15:22 Jan 22, 2013 Jkt 229001 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. 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 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 9. Ninepipe National Wildlife Refuge— Montana 10. Pablo National Wildlife Refuge— Montana 11. Sequoyah National Wildlife Refuge—Oklahoma 12. Tishomingo National Wildlife Refuge—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 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 Kaye Cook, U.S. Geological Survey, 12201 Sunrise Valley Drive, Reston, VA 20192, telephone: (703) 648–7442, fax: (703) 648–7451. 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 E:\FR\FM\23JAN1.SGM 23JAN1 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices wreier-aviles on DSK5TPTVN1PROD with 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 Office of Self-Governance 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 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 2013, upon request of a self-governance tribe, each non-BIA bureau will negotiate funding agreements for its eligible programs beyond those already negotiated. VerDate Mar<15>2010 15:22 Jan 22, 2013 Jkt 229001 Dated: January 15, 2013. Ken Salazar, Secretary. [FR Doc. 2013–01246 Filed 1–22–13; 8:45 am] BILLING CODE 4310–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R1–ES–2012–N199; FXES11130100000C2–123–FF01E00000] Endangered and Threatened Wildlife and Plants; Recovery Plan for the Columbia Basin Distinct Population Segment of the Pygmy Rabbit (Brachylagus idahoensis) Fish and Wildlife Service, Interior. ACTION: Notice of document availability. AGENCY: We, the U.S. Fish and Wildlife Service, announce the availability of the approved Recovery Plan for the Columbia Basin Distinct Population Segment of the Pygmy Rabbit (Brachylagus idahoensis). The recovery plan includes recovery objectives and criteria and prescribes specific recovery actions considered necessary to achieve downlisting of the population from endangered to threatened status on the Federal List of Endangered and Threatened Wildlife and Plants. ADDRESSES: An electronic copy of the recovery plan is available at https:// www.fws.gov/endangered/species/ recovery-plans.html and https:// www.fws.gov/pacific/ecoservices/ endangered/recovery/plans.html. Copies of the recovery plan are also available by request from the U.S. Fish and Wildlife Service, Eastern Washington Field Office, 11103 East Montgomery Drive, Spokane, Washington 99206 (phone: 509–891–6839). Printed copies of the recovery plan will be available for distribution within 4 to 6 weeks of publication of this notice. FOR FURTHER INFORMATION CONTACT: Chris Warren, Fish and Wildlife Biologist, at the above Spokane address and telephone number. SUPPLEMENTARY INFORMATION: We announce the availability of the approved Recovery Plan for the Columbia Basin Distinct Population Segment of the Pygmy Rabbit (Columbia Basin pygmy rabbit). SUMMARY: Background Recovery of endangered or threatened animals and plants is the primary goal of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 4865 seq.). Recovery means improvement of the status of a listed species to the point at which listing it is no longer required under the criteria set forth in section 4(a)(1) of the Act and its implementing regulations at 50 CFR 424. The Act requires the development of recovery plans for endangered or threatened species unless such a plan would not promote the conservation of the species. Recovery plans help guide the recovery effort by prescribing actions considered necessary for the conservation of the species, establishing criteria for downlisting or delisting listed species, and estimating time and cost for implementing the measures needed for recovery. In 2007 we developed a draft recovery plan (Draft) for the Columbia Basin pygmy rabbit in coordination with the Columbia Basin Pygmy Rabbit Recovery Team, which included representatives from two U.S. Department of the Interior bureaus (Fish and Wildlife Service and Bureau of Land Management), one U.S. Department of Agriculture bureau (Natural Resources Conservation Service), two State agencies (Washington Department of Fish and Wildlife and Washington Department of Natural Resources), Washington State University, The Nature Conservancy, Oregon Zoo, Foster Creek Conservation District, and several adjunct expert contributors. In order to address available new information, ongoing implementation of adaptive management measures, and prescribed changes to specific actions defined in the Draft, we developed an amendment to the draft recovery plan (Amendment) for the Columbia Basin pygmy rabbit in 2011. Several of the above recovery team members also contributed to development of the Amendment and the final approved recovery plan. Section 4(f) of the Act requires public notice and an opportunity for public review and comment during recovery plan development. From September 7 through November 6, 2007, we provided the Draft to the public and solicited comments (72 FR 51461). From June 29 through August 29, 2011, we provided the Amendment to the public and solicited comments (76 FR 38203). We considered all information we received during the public comment periods, along with comments solicited from expert peer reviewers, and have summarized that information and our responses to comments in an appendix to the final recovery plan. We welcome continuing comment on the recovery plan, and we will consider all substantive comments on an ongoing basis to inform the implementation of E:\FR\FM\23JAN1.SGM 23JAN1

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[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Notices]
[Pages 4861-4865]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01246]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


List of Programs Eligible for Inclusion in Fiscal Year 2013 
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.

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SUMMARY: This notice lists programs or portions of programs that are 
eligible for inclusion in Fiscal Year 2013 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, 2013.

ADDRESSES: Inquiries or comments regarding this notice may be directed 
to Sharee M. Freeman, Director, Office of Self-Governance (MS 355H-
SIB), 1849 C 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 tribe.
    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 tribe 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 non-BIA Bureaus will determine whether a specific function 
is inherently Federal on a case-by-case basis considering the totality 
of circumstances. In those instances where the tribe disagrees with the 
Bureau's determination, the tribe may request reconsideration from the 
Secretary.
    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

    No comments were received.

II. Funding Agreements Between Self-Governance Tribes and Non-BIA 
Bureaus of the Department of the Interior for Fiscal Year 2012

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 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 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

[[Page 4862]]

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 (MS L St-204), 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. Kelly 
Titensor, Policy Analyst, Native American and International Affairs 
Office, Bureau of Reclamation (96-43000) (MS 7069-MIB); 1849 C Street 
NW., Washington DC 20240, telephone: (202) 513-0558, fax: (202) 513-
0311.

C. Eligible Office of Natural Resources Revenue (ONRR) Programs

    Effective October 1, 2010, the Office of Natural Resources Revenue 
(ONNR) moved from the Bureau of Ocean Energy Management (formerly MMS) 
to the Office of the Assistant Secretary for Policy, Management and 
Budget (PMB). 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 to self-governance tribes 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.)
    2. Verification of Tribal Royalty Payments. Financial compliance 
verification, 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-

[[Page 4863]]

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 Avenue NW., 4th Floor, 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
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.,

[[Page 4864]]

Washington, DC 20005-5905, telephone: (202) 354-6962, fax: (202) 371-
6609.

E. Eligible Fish and Wildlife Service (Service) Programs

    The mission of the Service is to conserve, protect, and enhance 
fish, wildlife, and their habitats for the continuing benefit of the 
American people. Primary responsibilities are for migratory birds, 
endangered species, freshwater and anadromous fisheries, and certain 
marine mammals. 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 not 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 Refuge--Montana
11. Sequoyah National Wildlife Refuge--Oklahoma
12. Tishomingo National Wildlife Refuge--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 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 Kaye Cook, U.S. 
Geological Survey, 12201 Sunrise Valley Drive, Reston, VA 20192, 
telephone: (703) 648-7442, fax: (703) 648-7451.

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

[[Page 4865]]

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 Office of Self-Governance 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 2013, upon request of a self-governance tribe, 
each non-BIA bureau will negotiate funding agreements for its eligible 
programs beyond those already negotiated.

    Dated: January 15, 2013.
Ken Salazar,
Secretary.
[FR Doc. 2013-01246 Filed 1-22-13; 8:45 am]
BILLING CODE 4310-P

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