Notice of the Redesignation of the Service Delivery Area for the Wampanoag Tribe of Gay Head (Aquinnah), 20388-20395 [2016-07951]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Indian Health Service

[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Notices]
[Pages 20388-20395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07951]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service


Notice of the Redesignation of the Service Delivery Area for the 
Wampanoag Tribe of Gay Head (Aquinnah)

AGENCY: Indian Health Service.

ACTION: Final notice.

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

SUMMARY: This final notice advises the public that the Indian Health 
Service (IHS) has decided to expand the geographic boundaries of the 
Purchased/Referred Care (PRC) service delivery area for the Wampanoag 
Tribe of Gay Head (Aquinnah) of Massachusetts pursuant to 42 CFR 
136.22. The Aquinnah service delivery area previously covered Martha's 
Vineyard, Dukes County in the State of Massachusetts. The expanded 
service delivery area includes counties of Barnstable, Bristol, 
Norfolk, Plymouth, Suffolk, and Dukes Counties in the State of 
Massachusetts. The sole purpose of this expansion is to authorize 
Aquinnah to cover additional tribal members and beneficiaries under 
Aquinnah's PRC program using the existing Federal allocation for PRC 
funds.

DATES: The effective date of expansion will be 60 days from the date of 
this notice.

FOR FURTHER INFORMATION CONTACT: Terri Schmidt, Acting Director, Office 
of Resource Access and Partnerships, Indian Health Service, 5600 
Fishers Lane, Mailstop 10E85C, Rockville, Maryland 20857. Telephone 
(301) 443-2694 (This is not a toll free number).
    Background: The Indian Health Service (IHS) currently provides 
services under regulations codified at 42 CFR part 136, subparts A 
through C. Subpart C defines a Contract Health Service Delivery Area 
(CHSDA), now referred to as a Purchased/Referred Care (PRC) service 
delivery area, as the geographic area within which PRC will be made 
available by the IHS to members of an identified Indian community who 
reside in the area. Residence in a PRC service delivery area by a 
person who is within the scope of the Indian health program, as set 
forth in 42 CFR 136.12, creates no legal entitlement to PRC but only 
potential eligibility for services. Services needed but not available 
at an IHS/Tribal facility are provided under the PRC program depending 
on the availability of funds, the person's relative medical priority, 
and the actual availability and accessibility of alternate resources in 
accordance with the regulations.
    As applicable to the Tribes, these regulations provide that, unless 
otherwise designated, a PRC service delivery area shall consist of a 
county which includes all or part of a reservation and any county or 
counties which have a common boundary with the reservation. 42 CFR 
136.22(a)(6). The regulations also provide that after consultation with 
the Tribal governing body or bodies on those reservations included 
within the PRC service delivery area, the Secretary may from time to 
time, redesignate areas within the United States for inclusion in or 
exclusion from a PRC service delivery area. The regulations require 
that certain criteria must be considered before any redesignation is 
made. The criteria are as follows:
    (1) The number of Indians residing in the area proposed to be so 
included or excluded;
    (2) Whether the Tribal governing body has determined that Indians 
residing in the area near the reservation are socially and economically 
affiliated with the tribe;
    (3) The geographic proximity to the reservation of the area whose 
inclusion or exclusion is being considered; and
    (4) The level of funding which would be available for the provision 
of PRC.
    Additionally, the regulations require that any redesignation of a 
PRC service delivery area must be made in accordance with the 
Administrative Procedures Act (5 U.S.C. 553). In compliance with this 
requirement, IHS published a proposed notice of redesignation and 
requested public comments on August 24, 2015 (80 FR 51281). Aquinnah 
requested that IHS expand the Aquinnah service delivery area to include 
Barnstable, Bristol, Norfolk, Plymouth and Suffolk Counties in the 
State of Massachusetts.
    In support of this expansion, IHS adopts the following findings of 
the Aquinnah Tribe:
    (1) By expanding, the Tribe's estimated current eligible population 
will be increased by 268.
    (2) The Tribe has determined these 268 individuals are socially and 
economically affiliated with the Tribe.
    (3) The expanded area including Barnstable, Bristol, Norfolk, 
Plymouth, and Suffolk Counties in the State of Massachusetts are across 
the Bay from Martha's Vineyard, Dukes County, Massachusetts.
    (4) The Tribal members located in these counties currently do not 
use the Indian health system for their health care needs.
    Aquinnah will use its existing Federal allocation for PRC funds to 
provide services to the expanded population. No additional financial 
resources will be allocated by IHS to Aquinnah to provide services to 
its members residing in these counties nor should this expansion be 
construed to have any present or future effect on the allocation of 
resources between the Mashpee Wampanoag Tribe and Aquinnah.
    Public Comments: The Agency only received comments from the Mashpee 
Wampanoag Tribe (Mashpee). Mashpee incorporated several letters into 
its submission. Through these comments

[[Page 20389]]

and letters, Mashpee indicated that it does not support the proposed 
redesignation and articulated several objections to the expansion, 
which IHS addresses below:
    Comment: IHS has failed to meet its legal requirement to 
meaningfully consult with the Mashpee Tribe as the only other Tribal 
governing body within the proposed redesignated SDA in accordance with 
42 CFR 136.22(b).
    Response: IHS disagrees. IHS consulted with the Mashpee Tribe 
regarding this proposed expansion. As Mashpee noted in its own 
submission, IHS engaged in government-to-government discussions and 
correspondence on this issue. IHS provided its answers to the Mashpee 
Tribe's questions in a letter from Deputy Director McSwain to Mashpee 
Chairman Cromwell, dated October 5, 2015. While Mashpee questions the 
adequacy of IHS's answers, they nonetheless demonstrate that IHS has 
engaged in meaningful consultation with Mashpee with respect to this 
expansion. Additionally, the opportunity to submit comments on a 
proposed notice is a form of consultation. IHS recognizes that Mashpee 
has concerns with the expansion and does not support the IHS decisions 
in this regard. IHS is not required, after consultation with a Tribe, 
to adopt the specific position of the Mashpee Tribe.
    Comment: IHS has no legal authority to contravene the clear legal 
mandate of the Wampanoag Tribal Council of Gay Head, Inc., Indian 
Claims Settlement Act of 1987.
    Response: IHS agrees with the Mashpee Tribe that the Agency cannot 
contravene the Settlement Act, but the Agency does not believe the 
expansion is prohibited by the Settlement Act. It is HHS's 
understanding that the Settlement Act is not implemented by Department 
of the Interior (DOI) as a limitation for DOI programs and services. 
Accordingly, after conferring with DOI regarding its position, IHS has 
decided to revisit the expansion issue. The establishment of PRC 
service delivery areas is an administrative function of IHS, governed 
by the regulations at 42 CFR 136.22. Historically, IHS has established 
service delivery areas in accordance with our understanding of 
Congressional intent, for example as evidenced by geographically 
designated areas identified in settlement acts, such as Public Law 100-
95. IHS does not intend to abandon that practice. Under PRC 
regulations, however, IHS has preserved flexibility to redesignate 
areas as appropriate for inclusion in or exclusion from PRC service 
delivery. One of the criteria for such redesignations is the geographic 
proximity of the expanded area to the existing reservation or service 
delivery area. In the few circumstances where it has arisen, IHS has 
aligned geographic proximity with Congressional findings of ``on or 
near''.
    Here, IHS proposed to expand a PRC delivery area beyond the 
geographic description of ``on or near'' that Congress set forth in a 
settlement or recognition act. IHS offered stakeholders the opportunity 
to comment on the departure from historic practice by issuing a notice 
of proposed expansion prior to issuing a final notice to ascertain 
whether the departure is disruptive to tribes that have previously 
relied on IHS's historic practice. IHS did not receive comments that 
identify a detrimental reliance interest. Accordingly, when considering 
the geographic proximity of the proposed expansion area under 42 CFR 
136.22 to the existing reservation (or service delivery area), IHS will 
no longer rigidly apply a Congressional finding of ``on or near'' as 
prohibiting PRC delivery area expansion in considering expansion 
requests. Although this is a change in the implementation of the 
redesignation authority found at 42 CFR 136.22, no change is necessary 
to the text of the regulation itself.
    In making this change, however, IHS notes that Congress has, at 
times, statutorily enacted PRC service delivery areas for some tribes 
or for entire States. See, e.g. 25 U.S.C. 1678 (designating the entire 
State of Arizona). Those enactments may limit changes in PRC delivery 
area boundaries in some circumstances. Congress did not specifically 
establish a PRC service delivery area for Aquinnah in the Settlement 
Act; IHS administratively established this area through its 
regulations. While IHS chose to establish and limit the Aquinnah PRC 
service delivery area consistent with the language of the Act, in 
keeping with our current understanding of DOI practices, the language 
of the Act does not have to be read as preventing IHS from exercising 
its administrative discretion to expand or reduce that initially 
established area going forward. Indeed, IHS has already interpreted its 
authority to permit the establishment of PRC service delivery areas 
that go beyond what may otherwise be considered ``on or near'' a 
reservation. For example, IHS has administratively designated entire 
states as PRC service delivery areas, even though all parts of such 
states were not necessarily ``on or near'' a reservation. Nor does 
there appear to be any legislative history of the Act that would 
suggest that Congress intended the language of Section 1771 to be a 
limitation on IHS programs or administrative flexibility. There is also 
no evidence to suggest that Congress intended to limit eligibility for 
PRC services. Unless IHS administratively expands the PRC service 
delivery, however, Aquinnah cannot cover hundreds of its tribal members 
under PRC. IHS has therefore revisited Aquinnah's request and believes 
that unique circumstances are present that warrant expanding the 
Aquinnah PRC service delivery area beyond the general geographic area 
identified by Congress in Public Law 100-95 as ``on or near''. These 
unique circumstances include the factors identified by the BIA in 
recognizing the Aquinnah prior to the enactment of Public Law 100-95, 
BIA's understanding of the settlement language, and Dukes County's 
status as an island and the significant number of Aquinnah's members 
who reside permanently off of the island and continue to maintain close 
economic and social ties with the Aquinnah.
    The BIA recognized the Aquinnah Tribe as an Indian Tribe eligible 
for Federal benefits on February 10, 1987, pursuant to a notice 
published in the Federal Register. See 52 FR 4193. As part of its 
findings, BIA concluded ``that the [Aquinnah] have an extensive and 
interrelated communication network connecting those Wampanoag members 
in Gay Head and elsewhere on Martha's Vineyard with each other and with 
those members living off-island.'' The BIA further concluded that the 
Tribal government ``maintained political influence and/or authority 
over both its resident and non-resident members.'' Aquinnah has a 
significant number of members who are not residents of Dukes County. 
According to Aquinnah's estimates, 268 enrolled Aquinnah members are 
non-residents who remain actively involved with the Tribe, reside in 
Barnstable, Bristol, Norfolk, Plymouth and Suffolk Counties and are not 
currently eligible for PRC care.
    Aquinnah provides limited direct services to its Tribal members by 
operating a small clinic in Dukes County that is open once or twice a 
month. To access direct care services, non-residents must travel over 
one and a half hours via ferry and car to receive the health care 
offered at the clinic. As a consequence, most non-residents do not seek 
care on the island.
    Comment: The Mashpee tribe commented that the publication of the 
notice is arbitrary, capricious, and contrary to law.
    Response: IHS disagrees. IHS's decision to publish a notice of the 
intention to expand the Aquinnah PRC

[[Page 20390]]

service delivery area was not arbitrary, capricious, or contrary to 
law. IHS rules expressly authorize IHS to expand a PRC service delivery 
area through a notice issued pursuant to the Administrative Procedures 
Act (5 U.S.C. 553) and that process has been followed here. IHS is 
implementing a change in the way it reviews PRC delivery expansion 
requests, but that change is fully consistent with the existing 
language in the rules.
    Comment: 42 CFR 136.22(a)(6) provides that ``the [CHSDA] shall 
consist of a county which includes all or part of a reservation, and 
any county or counties which have a common boundary with the 
reservation.'' As explained in the 2011 Declination Letter, ``since the 
county is coextensive with the Atlantic Ocean island of Martha's 
Vineyard, there is no adjacent county to consider for inclusion in the 
CHSDA.''
    Response: The comment references the starting point for 
establishing a PRC service delivery area. As noted above, IHS retains 
the administrative discretion to redesignate PRC service delivery areas 
after they are initially designated. The criteria for expansion 
requires IHS to consider geographic proximity, but it does not require 
IHS to limit expansion to adjacent counties.

   Purchased/Referred Care Service Delivery Areas and Service Delivery
                                  Areas
------------------------------------------------------------------------
           Tribe/Reservation                       County/State
------------------------------------------------------------------------
Ak Chin Indian Community of the          Pinal, AZ.
 Maricopa (Ak Chin) Indian Reservation,
 Arizona.
Alabama-Coushatta Tribes of Texas......  Polk, TX.\1\
Alaska.................................  Entire State.\2\
Arapahoe Tribe of the Wind River         Hot Springs, WY, Fremont, WY,
 Reservation, Wyoming.                    Sublette, WY.
Aroostook Band of Micmacs..............  Aroostook, ME.\3\
Assiniboine and Sioux Tribes of the      Daniels, MT, McCone, MT,
 Fort Peck Indian Reservation, Montana.   Richland, MT, Roosevelt, MT,
                                          Sheridan, MT, Valley, MT.
Bad River Band of the Lake Superior      Ashland, WI, Iron, WI.
 Tribe of Chippewa Indians of the Bad
 River Reservation, Wisconsin.
Bay Mills Indian Community, Michigan...  Chippewa, MI.
Blackfeet Tribe of the Blackfeet Indian  Glacier, MT, Pondera, MT.
 Reservation of Montana.
Brigham City Intermountain School        (\4\)
 Health Center, Utah.
Burns Paiute Tribe.....................  Harney, OR.
California.............................  Entire State, except for the
                                          counties listed in the
                                          footnote.\5\
Catawba Indian Nation..................  All Counties in SC \6\,
                                          Cabarrus, NC, Cleveland, NC,
                                          Gaston, NC, Mecklenburg, NC,
                                          Rutherford, NC, Union, NC.
Cayuga Nation..........................  Allegany, NY \7\, Cattaraugus,
                                          NY, Chautauqua, NY, Erie, NY,
                                          Warren, PA.
Cheyenne River Sioux Tribe of the        Corson, SD, Dewey, SD, Haakon,
 Cheyenne River Reservation, South        SD, Meade, SD, Perkins, SD,
 Dakota.                                  Potter, SD, Stanley, SD,
                                          Sully, SD, Walworth, SD,
                                          Ziebach, SD.
Chippewa-Cree Indians of the Rocky       Chouteau, MT, Hill, MT,
 Boy's Reservation, Montana.              Liberty, MT.
Chitimacha Tribe of Louisiana..........  St. Mary Parish, LA.
Cocopah Tribe of Arizona...............  Yuma, AZ, Imperial, CA.
Coeur D'Alene Tribe....................  Benewah, ID, Kootenai, ID,
                                          Latah, ID, Spokane, WA,
                                          Whitman, WA.
Colorado River Indian Tribes of the      La Paz, AZ, Riverside, CA, San
 Colorado River Indian Reservation,       Bernardino, CA, Yuma, AZ.
 Arizona and California.
Confederated Salish and Kootenai Tribes  Flathead, MT, Lake, MT,
 of the Flathead Reservation.             Missoula, MT, Sanders, MT.
Confederated Tribes and Bands of the     Klickitat, WA, Lewis, WA,
 Yakama Nation.                           Skamania, WA \8\, Yakima, WA.
Confederated Tribes of Siletz Indians    Benton, OR \9\, Clackamas, OR,
 of Oregon.                               Lane, OR,
                                         Lincoln, OR, Linn, OR, Marion,
                                          OR, Multnomah, OR, Polk, OR,
                                          Tillamook, OR, Washington, OR,
                                          Yam Hill, OR.
Confederated Tribes of the Chehalis      Grays Harbor, WA, Lewis, WA,
 Reservation.                             Thurston, WA.
Confederated Tribes of the Colville      Chelan, WA \10\, Douglas, WA,
 Reservation, Washington.                 Ferry, WA, Grant, WA, Lincoln,
                                          WA, Okanogan, WA, Stevens, WA.
Confederated Tribes of the Coos, Lower   Coos, OR \11\, Curry, OR,
 Umpqua and Siuslaw Indians.              Douglas, OR, Lane, OR,
                                          Lincoln, OR.
Confederated Tribes of the Goshute       Nevada, Juab, UT, Toole, UT.
 Reservation, Nevada and Utah.
Confederated Tribes of the Grand Ronde   Polk, OR \12\, Washington, OR,
 Community of Oregon.                     Marion, OR,
                                         Yamhill, OR, Tillamook, OR,
                                          Multnomah, OR.
Confederated Tribes of the Umatilla      Umatilla, OR, Union, OR.
 Indian Reservation.
Confederated Tribes of the Warm Springs  Clackamas, OR, Jefferson, OR,
 Reservation of Oregon.                   Linn, OR,
                                         Marion, OR, Wasco, OR.
Coquille Indian Tribe..................  Coos, OR, Curry, OR, Douglas,
                                          OR, Jackson, OR, Lane, OR.
Coushatta Tribe of Louisiana...........  Allen Parish, LA, Elton,
                                          LA.\13\
Cow Creek Band of Umpqua Tribe of        Coos, OR \14\, Deshutes, OR,
 Indians.                                 Douglas, OR,
                                         Jackson, OR, Josephine, OR,
                                          Klamath, OR, Lane, OR.
Cowlitz Indian Tribe...................  Clark, WA, Cowlitz, WA, King,
                                          WA, Lewis, WA, Pierce, WA,
                                          Skamania, WA, Thurston, WA,
                                          Columbia, OR \15\, Kittitas,
                                          WA, Wahkiakum, WA.
Crow Creek Sioux Tribe of the Crow       Brule, SD, Buffalo, SD, Hand,
 Creek Reservation, South Dakota.         SD, Hughes, SD, Hyde, SD,
                                          Lyman, SD, Stanley, SD.
Crow Tribe of Montana..................  Big Horn, MT, Carbon, MT,
                                          Treasure, MT \16\,
                                          Yellowstone, MT, Big Horn, WY,
                                          Sheridan, WY.
Eastern Band of Cherokee Indians.......  Cherokee, NC, Graham, NC,
                                          Haywood, NC, Jackson, NC,
                                          Swain, NC.
Flandreau Santee Sioux Tribe of South    Moody, SD.
 Dakota.
Forest County Potawatomi Community,      Forest, WI, Marinette, WI,
 Wisconsin.                               Oconto, WI.
Fort Belknap Indian Community of the     Blaine, MT, Phillips, MT.
 Fort Belknap Reservation of Montana.

[[Page 20391]]

 
Fort McDermitt Paiute and Shoshone       Nevada, Malheur, OR.
 Tribes of the Fort McDermitt Indian
 Reservation, Nevada and Oregon.
Fort McDowell Yavapai Nation, Arizona..  Maricopa, AZ.
Fort Mojave Indian Tribe of Arizona,     Nevada, Mohave, AZ, San
 California and Nevada.                   Bernardino, CA.
Gila River Indian Community of the Gila  Maricopa, AZ, Pinal, AZ.
 River Indian Reservation, Arizona.
Grand Traverse Band of Ottawa and        Antrim, MI \17\, Benzie, MI,
 Chippewa Indians, Michigan.              Charlevoix, MI,
                                         Grand Traverse, MI, Leelanau,
                                          MI, Manistee, MI.
Hannahville Indian Community, Michigan.  Delta, MI, Menominee, MI.
Haskell Indian Health Center...........  Douglas, KS.\18\
Havasupai Tribe of the Havasupai         Coconino, AZ.
 Reservation, Arizona.
Ho-Chunk Nation of Wisconsin...........  Adams, WI \19\, Clark, WI,
                                          Columbia, WI, Crawford, WI,
                                          Dane, WI, Eau Claire, WI,
                                          Houston, MN, Jackson, WI,
                                          Juneau, WI, La Crosse, WI,
                                          Marathon, WI, Monroe, WI,
                                          Sauk, WI, Shawano, WI, Vernon,
                                          WI, Wood, WI.
Hoh Indian Tribe.......................  Jefferson, WA.
Hopi Tribe of Arizona..................  Apache, AZ, Coconino, AZ,
                                          Navajo, AZ.
Houlton Band of Maliseet Indians.......  Aroostook, ME.\20\
Hualapai Indian Tribe of the Hualapai    Coconino, AZ, Mohave, AZ,
 Indian Reservation, Arizona.             Yavapai, AZ.
Iowa Tribe of Kansas and Nebraska......  Brown, KS, Doniphan, KS,
                                          Richardson, NE.
Jamestown S'Klallam Tribe..............  Clallam, WA, Jefferson, WA.
Jena Band of Choctaw Indians...........  Grand Parish, LA \21\, LaSalle
                                          Parish, LA, Rapides Parish,
                                          LA.
Jicarilla Apache Nation, New Mexico....  Archuleta, CO, Rio Arriba, NM,
                                          Sandoval, NM.
Kaibab Band of Paiute Indians of the     Coconino, AZ, Mohave, AZ, Kane,
 Kaibab Indian Reservation, Arizona.      UT.
Kalispel Indian Community of the         Pend Oreille, WA, Spokane, WA.
 Kalispel Reservation.
Kewa Pueblo, New Mexico................  Sandoval, NM, Santa Fe, NM.
Keweenaw Bay Indian Community, Michigan  Baraga, MI, Houghton, MI,
                                          Ontonagon, MI.
Kickapoo Traditional Tribe of Texas....  Maverick, TX.\22\
Kickapoo Tribe of Indians of the         Brown, KS, Jackson, KS.
 Kickapoo Reservation in Kansas.
Klamath Tribes.........................  Klamath, OR.\23\
Koi Nation of Northern California        Lake, CA, Sonoma, CA.\24\
 (formerly known as Lower Lake
 Rancheria, California).
Kootenai Tribe of Idaho................  Boundary, ID.
Lac Courte Oreilles Band of Lake         Sawyer, WI.
 Superior Chippewa Indians of Wisconsin.
Lac du Flambeau Band of Lake Superior    Iron, WI, Oneida, WI, Vilas,
 Chippewa Indians of the Lac du           WI.
 Flambeau Reservation of Wisconsin..
Lac Vieux Desert Band of Lake Superior   Gogebic, MI.
 Chippewa Indians of Michigan.
Little River Band of Ottawa Indians,     Kent, MI \25\, Muskegon, MI,
 Michigan.                                Newaygo, MI,
                                         Oceana, MI, Ottawa, MI,
                                          Manistee, MI, Mason, MI,
                                          Wexford, MI, Lake, MI.
Little Traverse Bay Bands of Odawa       Alcona, MI \25\, Alger, MI,
 Indians, Michigan.                       Alpena, MI, Antrim, MI,
                                          Benzie, MI, Charlevoix, MI,
                                          Cheboygan, MI, Chippewa, MI,
                                          Crawford, MI, Delta, MI,
                                          Emmet, MI, Grand Traverse, MI,
                                          Iosco, MI, Kalkaska, MI,
                                          Leelanau, MI, Luce, MI,
                                          Mackinac, MI, Manistee, MI,
                                          Missaukee, MI, Montmorency,
                                          MI, Ogemaw, MI, Oscoda, MI,
                                          Otsego, MI, Presque Isle, MI,
                                          Schoolcraft, MI, Roscommon,
                                          MI, Wexford, MI.
Lower Brule Sioux Tribe of the Lower     Brule, SD, Buffalo, SD, Hughes,
 Brule Reservation, South Dakota.         SD, Lyman, SD, Stanley, SD.
Lower Elwha Tribal Community...........  Clallam, WA.
Lower Sioux Indian Community in the      Redwood, MN, Renville, MN.
 State of Minnesota.
Lummi Tribe of the Lummi Reservation...  Whatcom, WA.
Makah Indian Tribe of the Makah Indian   Clallam, WA.
 Reservation.
Mashantucket Pequot Tribe..............  New London, CT.\26\
Mashpee Wampanoag Tribe................  Barnstable, MA, Bristol, MA,
                                          Norfolk, MA, Plymouth, MA,
                                          Suffolk, MA.\27\
Match-e-be-nash-she-wish Band of         Allegan, MI \28\, Barry, MI,
 Pottawatomi Indians of Michigan.         Kalamazoo, MI, Kent, MI,
                                          Ottawa, MI.
Menominee Indian Tribe of Wisconsin....  Langlade, WI, Menominee, WI,
                                          Oconto, WI, Shawano, WI.
Mescalero Apache Tribe of the Mescalero  Chaves, NM, Lincoln, NM, Otero,
 Reservation, New Mexico.                 NM.
Miccosukee Tribe of Indians............  Broward, FL, Collier, FL, Miami-
                                          Dade, FL, Hendry, FL.
Minnesota Chippewa Tribe, Minnesota      Itasca, MN, Koochiching, MN,
 Bois Forte Band (Nett Lake).             St. Louis, MN.
Minnesota Chippewa Tribe, Minnesota      Carlton, MN, St. Louis, MN.
 Fond du Lac Band.
Minnesota Chippewa Tribe, Minnesota      Cook, MN.
 Grand Portage Band.
Minnesota Chippewa Tribe, Minnesota      Beltrami, MN, Cass, MN,
 Leech Lake Band.                         Hubbard, MN, Itasca, MN.
Minnesota Chippewa Tribe, Minnesota      Aitkin, MN, Kanebec, MN, Mille
 Mille Lacs Band.                         Lacs, MN, Pine, MN.
Minnesota Chippewa Tribe, Minnesota      Becker, MN, Clearwater, MN,
 White Earth Band.                        Mahnomen, MN, Norman, MN,
                                          Polk, MN.
Mississippi Band of Choctaw Indians....  Attala, MS, Jasper, MS \29\,
                                          Jones, MS, Kemper, MS, Leake,
                                          MS, Neshoba, MS, Newton, MS,
                                          Noxubee, MS \29\, Scott, MS
                                          \30\, Winston, MS.
Mohegan Tribe of Indians of Connecticut  Fairfield, CT, Hartford, CT,
                                          Litchfield, CT, Middlesex, CT,
                                          New Haven, CT, New London, CT,
                                          Tolland, CT, Windham, CT.
Muckleshoot Indian Tribe...............  King, WA, Pierce, WA.

[[Page 20392]]

 
Narragansett Indian Tribe..............  Washington, RI.\31\
Navajo Nation, Arizona, New Mexico &     Apache, AZ, Bernalillo, NM,
 Utah.                                    Cibola, NM,
                                         Coconino, AZ, Kane, UT,
                                          McKinley, NM, Montezuma, CO,
                                          Navajo, AZ, Rio Arriba, NM,
                                          Sandoval, NM, San Juan, NM,
                                          San Juan, UT, Socorro, NM,
                                          Valencia, NM.
Nevada.................................  Entire State.\32\
Nez Perce Tribe........................  Clearwater, ID, Idaho, ID,
                                          Latah, ID, Lewis, ID, Nez
                                          Perce, ID.
Nisqually Indian Tribe.................  Pierce, WA, Thurston, WA.
Nooksack Indian Tribe..................  Whatcom, WA.
Northern Cheyenne Tribe of the Northern  Big Horn, MT, Carter, MT \33\,
 Cheyenne Indian Reservation, Montana.    Rosebud, MT.
Northwestern Band of Shoshoni Nation...  Box Elder, UT.\34\
Nottawaseppi Huron Band of the           Allegan, MI \35\, Barry, MI,
 Potawatomi, Michigan.                    Branch, MI, Calhoun, MI,
                                          Kalamazoo, MI, Kent, MI,
                                          Ottawa, MI.
Oglala Sioux Tribe.....................  Bennett, SD, Cherry, NE,
                                          Custer, SD, Dawes, NE, Fall
                                          River, SD, Jackson, SD \36\,
                                          Mellete, SD, Pennington, SD,
                                          Shannon, SD, Sheridan, NE,
                                          Todd, SD.
Ohkay Owingeh, New Mexico..............  Rio Arriba, NM.
Oklahoma...............................  Entire State.\37\
Omaha Tribe of Nebraska................  Burt, NE, Cuming, NE, Monona,
                                          IA, Thurston, NE, Wayne, NE.
Oneida Nation of New York..............  Chenango, NY, Cortland, NY,
                                          Herkimer, NY, Madison, NY,
                                          Oneida, NY, Onondaga, NY.
Oneida Tribe of Indians of Wisconsin...  Brown, WI, Outagamie, WI.
Onondaga Nation........................  Onondaga, NY.
Paiute Indian Tribe of Utah............  Iron, UT \38\ Millard, UT,
                                          Sevier, UT, Washington, UT.
Pascua Yaqui Tribe of Arizona..........  Pima, AZ.\39\
Passamaquoddy Tribe....................  Aroostook, ME \40\ \41\,
                                          Washington, ME.
Penobscot Nation.......................  Aroostook, ME \40\, Penobscot,
                                          ME.
Poarch Band of Creeks..................  Baldwin, AL \42\, Elmore, AL,
                                          Escambia, AL, Mobile, AL,
                                          Monroe, AL, Escambia, FL.
Pokagon Band of Potawatomi Indians,      Allegan, MI \43\, Berrien, MI,
 Michigan and Indiana.                    Cass, MI, Elkhart, IN,
                                          Kosciusko, IN, La Porte, IN,
                                          Marshall, IN, St. Joseph, IN,
                                          Starke, IN, Van Buren, MI.
Ponca Tribe of Nebraska................  Boyd, NE \44\, Burt, NE,
                                          Charles Mix, SD, Douglas, NE,
                                          Hall, NE, Holt, NE, Knox, NE,
                                          Lancaster, NE, Madison, NE,
                                          Platte, NE, Pottawattomie, IA,
                                          Sarpy, NE, Stanton, NE, Wayne,
                                          NE, Woodbury, IA.
Port Gamble S'Klallam Tribe............  Kitsap, WA.
Prairie Band of Potawatomi Nation......  Jackson, KS.
Prairie Island Indian Community in the   Goodhue, MN.
 State of Minnesota.
Pueblo of Acoma, New Mexico............  Cibola, NM.
Pueblo of Cochiti, New Mexico..........  Sandoval, NM, Santa Fe, NM.
Pueblo of Isleta, New Mexico...........  Bernalillo, NM, Torrance, NM,
                                          Valencia, NM.
Pueblo of Jemez, New Mexico............  Sandoval, NM.
Pueblo of Laguna, New Mexico...........  Bernalillo, NM, Cibola, NM,
                                          Sandoval, NM, Valencia, NM.
Pueblo of Nambe, New Mexico............  Santa Fe, NM.
Pueblo of Picuris, New Mexico..........  Taos, NM.
Pueblo of Pojoaque, New Mexico.........  Rio Arriba, NM, Santa Fe, NM.
Pueblo of San Felipe, New Mexico.......  Sandoval, NM.
Pueblo of San Ildefonso, New Mexico....  Los Alamos, NM, Rio Arriba, NM,
                                          Sandoval, NM, Santa Fe, NM.
Pueblo of Sandia, New Mexico...........  Bernalillo, NM, Sandoval, NM.
Pueblo of Santa Ana, New Mexico........  Sandoval, NM.
Pueblo of Santa Clara, New Mexico......  Los Alamos, NM, Sandoval, NM,
                                          Santa Fe, NM.
Pueblo of Taos, New Mexico.............  Colfax, NM, Taos, NM.
Pueblo of Tesuque, New Mexico..........  Santa Fe, NM.
Pueblo of Zia, New Mexico..............  Sandoval, NM.
Puyallup Tribe of the Puyallup           King, WA, Pierce, WA, Thurston,
 Reservation.                             WA.
Quechan Tribe of the Fort Yuma Indian    Yuma, AZ, Imperial, CA.
 Reservation, California and Arizona.
Quileute Tribe of the Quileute           Clallam, WA, Jefferson, WA.
 Reservation.
Quinault Indian Nation.................  Grays Harbor, WA, Jefferson,
                                          WA.
Rapid City, South Dakota...............  Pennington, SD.\45\
Red Cliff Band of Lake Superior          Bayfield, WI.
 Chippewa Indians of Wisconsin.
Red Lake Band of Chippewa Indians,       Beltrami, MN, Clearwater, MN,
 Minnesota.                               Koochiching, MN, Lake of the
                                          Woods, MN, Marshall, MN,
                                          Pennington, MN, Polk, MN,
                                          Roseau, MN.
Rosebud Sioux Tribe of the Rosebud       Bennett, SD, Cherry, NE,
 Indian Reservation, South Dakota.        Gregory, SD, Lyman, SD,
                                          Mellette, SD, Todd, SD, Tripp,
                                          SD.
Sac & Fox Nation of Missouri in Kansas   Brown, KS, Richardson, NE.
 and Nebraska.
Sac & Fox Tribe of the Mississippi in    Tama, IA.
 Iowa.
Saginaw Chippewa Indian Tribe of         Arenac, MI \46\, Clare, MI,
 Michigan.                                Isabella, MI, Midland, MI,
                                          Missaukee, MI.
Saint Regis Mohawk Tribe...............  Franklin, NY, St. Lawrence, NY.
Salt River Pima-Maricopa Indian          Maricopa, AZ.
 Community of the Salt River
 Reservation, Arizona.

[[Page 20393]]

 
Samish Indian Nation...................  Clallam, WA \47\, Island, WA,
                                          Jefferson, WA, King, WA,
                                          Kitsap, WA, Pierce, WA, San
                                          Juan, WA, Skagit, WA,
                                          Snohomish, WA, Whatcom, WA.
San Carlos Apache Tribe of the San       Apache, AZ, Cochise, AZ, Gila,
 Carlos Reservation, Arizona.             AZ, Graham, AZ, Greenlee, AZ,
                                          Pinal, AZ.
San Juan Southern Paiute Tribe of        Coconino, AZ, San Juan, UT.
 Arizona.
Santee Sioux Nation, Nebraska..........  Bon Homme, SD, Knox, NE.
Sauk-Suiattle Indian Tribe.............  Snohomish, WA, Skagit, WA.
Sault Ste. Marie Tribe of Chippewa       Alger, MI \48\, Chippewa, MI,
 Indians, Michigan.                       Delta, MI, Luce, MI, Mackinac,
                                          MI, Marquette, MI,
                                          Schoolcraft, MI.
Seminole Tribe of Florida..............  Broward, FL, Collier, FL, Miami-
                                          Dade, FL, Glades, FL, Hendry,
                                          FL.
Seneca Nation of Indians...............  Allegany, NY, Cattaraugus, NY,
                                          Chautauqua, NY, Erie, NY,
                                          Warren, PA.
Shakopee Mdewakanton Sioux Community of  Scott, MN.
 Minnesota.
Shinnecock Indian Nation...............  Nassau, NY \49\, Suffolk, NY.
Shoalwater Bay Tribe of the Shoalwater   Pacific, WA.
 Bay Indian Reservation.
Shoshone Tribe of the Wind River         Hot Springs, WY, Fremont, WY,
 Reservation, Wyoming.                    Sublette, WY.
Shoshone-Bannock Tribes of the Fort      Bannock, ID, Bingham, ID,
 Hall Reservation.                        Caribou, ID, Lemhi, ID \50\,
                                          Power, ID.
Shoshone-Paiute Tribes of the Duck       Nevada, Owyhee, ID.
 Valley Reservation, Nevada.
Sisseton-Wahpeton Oyate of the Lake      Codington, SD, Day, SD, Grant,
 Traverse Reservation, South Dakota.      SD, Marshall, SD, Richland,
                                          ND, Roberts, SD, Sargent, ND,
                                          Traverse, MN.
Skokomish Indian Tribe.................  Mason, WA.
Skull Valley Band of Goshute Indians of  Tooele, UT.
 Utah.
Snoqualmie Indian Tribe................  King, WA \51\, Snohomish, WA,
                                          Pierce, WA, Island, WA, Mason,
                                          WA.
Sokaogon Chippewa Community, Wisconsin.  Forest, WI.
Southern Ute Indian Tribe of the         Archuleta, CO, La Plata, CO,
 Southern Ute Reservation, Colorado.      Montezuma, CO, Rio Arriba, NM,
                                          San Juan, NM.
Spirit Lake Tribe, North Dakota........  Benson, ND, Eddy, ND, Nelson,
                                          ND, Ramsey, ND.
Spokane Tribe of the Spokane             Ferry, WA, Lincoln, WA,
 Reservation.                             Stevens, WA.
Squaxin Island Tribe of the Squaxin      Mason, WA.
 Island Reservation.
St. Croix Chippewa Indians of Wisconsin  Barron, WI, Burnett, WI, Pine,
                                          MN, Polk, WI, Washburn, WI.
Standing Rock Sioux Tribe of North &     Adams, ND, Campbell, SD,
 South Dakota.                            Corson, SD, Dewey, SD, Emmons,
                                          ND, Grant, ND, Morton, ND,
                                          Perkins, SD, Sioux, ND,
                                          Walworth, SD, Ziebach, SD.
Stillaguamish Tribe of Indians of        Snohomish, WA.
 Washington.
Stockbridge Munsee Community, Wisconsin  Menominee, WI, Shawano, WI.
Suquamish Indian Tribe of the Port       Kitsap, WA.
 Madison Reservation.
Swinomish Indian Tribal Community......  Skagit, WA.
Tejon Indian Tribe.....................  Kern, CA.\52\
Three Affiliated Tribes of the Fort      Dunn, ND, Mercer, ND, McKenzie,
 Berthold Reservation, North Dakota.      ND, McLean, ND, Mountrail, ND,
                                          Ward, ND.
Tohono O'odham Nation of Arizona.......  Maricopa, AZ, Pima, AZ, Pinal,
                                          AZ.
Tonawanda Band of Seneca...............  Genesee, NY, Erie, NY, Niagara,
                                          NY.
Tonto Apache Tribe of Arizona..........  Gila, AZ.
Trenton Service Unit, North Dakota and   Divide, ND \53\, McKenzie, ND,
 Montana.                                 Williams, ND, Richland, MT,
                                          Roosevelt, MT, Sheridan, MT.
Tulalip Tribes of Washington...........  Snohomish, WA.
Tunica-Biloxi Indian Tribe.............  Avoyelles, LA, Rapides, LA.\54\
Turtle Mountain Band of Chippewa         Rolette, ND.
 Indians of North Dakota.
Tuscarora Nation.......................  Niagara, NY.
Upper Sioux Community, Minnesota.......  Chippewa, MN, Yellow Medicine,
                                          MN.
Upper Skagit Indian Tribe..............  Skagit, WA.
Ute Indian Tribe of the Uintah & Ouray   Carbon, UT, Daggett, UT,
 Reservation, Utah.                       Duchesne, UT, Emery, UT,
                                          Grand, UT, Rio Blanco, CO,
                                          Summit, UT, Uintah, UT, Utah,
                                          UT, Wasatch, UT.
Ute Mountain Tribe of the Ute Mountain   Apache, AZ, La Plata, CO,
 Reservation, Colorado, New Mexico &      Montezuma, CO, San Juan, NM,
 Utah.                                    San Juan, UT.
Wampanoag Tribe of Gay Head (Aquinnah).  Dukes, MA \55\, Barnstable, MA,
                                          Bristol, MA, Norfolk, MA,
                                          Plymouth, MA, Suffolk, MA.\56\
Washoe Tribe of Nevada & California....  Nevada, California except for
                                          the counties listed in
                                          footnote.
White Mountain Apache Tribe of the Fort  Apache, AZ, Coconino, AZ, Gila,
 Apache Reservation, Arizona.             AZ, Graham, AZ, Greenlee, AZ,
                                          Navajo, AZ.
Wilton Rancheria, California...........  Sacramento, CA.\57\
Winnebago Tribe of Nebraska............  Dakota, NE, Dixon, NE, Monona,
                                          IA, Thurston, NE, Wayne, NE,
                                          Woodbury, IA.
Yankton Sioux Tribe of South Dakota....  Bon Homme, SD, Boyd, NE,
                                          Charles Mix, SD, Douglas, SD,
                                          Gregory, SD, Hutchinson, SD,
                                          Knox, NE.
Yavapai-Apache Nation of the Camp Verde  Yavapai, AZ.
 Indian Reservation, Arizona.
Yavapai-Prescott Indian Tribe..........  Yavapai, AZ.
Ysleta Del Sur Pueblo of Texas.........  El Paso, TX.\1\

[[Page 20394]]

 
Zuni Tribe of the Zuni Reservation, New  Apache, AZ, Cibola, NM,
 Mexico.                                  McKinley, NM, Valencia, NM.
------------------------------------------------------------------------
\1\ Public Law 100-89, Restoration Act for Ysleta Del Sur and Alabama
  and Coushatta Tribes of Texas establishes service areas for ``members
  of the Tribe'' by sections 101(3) and 105(a) for the Pueblo and
  sections 201(3) and 206(a) respectively.
\2\ Entire State of Alaska is included as a CHSDA by regulation (42 CFR
  136.22(a)(1)).
\3\ Aroostook Band of Micmacs was recognized by Congress on November 26,
  1991, through the Aroostook Band of Micmac Settlement Act. Aroostook
  County, ME, was defined as the SDA.
\4\ Special programs have been established by Congress irrespective of
  the eligibility regulations. Eligibility for services at these
  facilities is based on the legislative history of the appropriation of
  funds for the particular facility rather than the eligibility
  regulations. Historically services have been provided at Brigham City
  Intermountain School Health Center, Utah (Pub. L. 88-358).
\5\ Entire State of California, excluding the counties of Alameda,
  Contra Costa, Los Angeles, Marin, Orange, Sacramento, San Francisco,
  San Mateo, Santa Clara, Kern, Merced, Monterey, Napa, San Benito, San
  Joaquin, San Luis Obispo, Santa Cruz, Solano, Stanislaus, and Ventura,
  is designated a CHSDA (25 U.S.C. 1680).
\6\ The counties were recognized after the January 1984 CHSDA FRN was
  published, in accordance with Pub. L. 103-116, Catawba Indian Tribe of
  South Carolina Land Claims Settlement Act of 1993, dated October 27,
  1993.
\7\ There is no reservation for the Cayuga Nation; the service delivery
  area consists of those counties identified by the Cayuga Nation.
\8\ Skamania County, WA, has historically been a part of the Yakama
  Service Unit population since 1979.
\9\ In order to carry out the Congressional intent of the Siletz
  Restoration Act, Pub. L. 95-195, as expressed in H. Report No. 95-623,
  at page 4, members of the Confederated Tribes of Siletz Indians of
  Oregon residing in these counties are eligible for contract health
  services.
\10\ Chelan County, WA, has historically been a part of the Colville
  Service Unit population since 1970.
\11\ Pursuant to Pub. L. 98-481 (H. Rept. No. 98-904), Coos, Lower
  Umpqua and Siuslaw Restoration Act, members of the Tribe residing in
  these counties were specified as eligible for Federal services and
  benefits without regard to the existence of a Federal Indian
  reservation.
\12\ The Confederated Tribes of Grand Ronde Community of Oregon were
  recognized by Pub. L. 98-165 which was signed into law on November 22,
  1983, and provides for eligibility in these six counties without
  regard to the existence of a reservation.
\13\ The CHSDA for the Coushatta Tribe of Louisiana was expanded
  administratively by the Director, IHS, through regulation (42 CFR
  136.22(6)) to include city limits of Elton, LA.
\14\ Cow Creek Band of Umpqua Tribe of Indians recognized by Pub. L. 97-
  391, signed into law on December 29, 1983. House Rept. No. 97-862
  designates Douglas, Jackson, and Josephine Counties as a service area
  without regard to the existence of a reservation. The IHS later
  administratively expanded the CHSDA to include the counties of Coos,
  OR, Deshutes, OR, Klamath, OR, and Lane, OR.
\15\ The Cowlitz Indian Tribe was recognized in July 2002 as documented
  at 67 FR 46329, July 12, 2002. The counties listed were designated
  administratively as the SDA, to function as a CHSDA, for the purposes
  of operating a CHS program pursuant to the ISDEAA, Pub. L. 93-638. The
  CHSDA was administratively expanded to included Columbia County, OR,
  Kittitas, WA, and Wahkiakum County, WA, as published at 67884 FR
  December 21, 2009.
\16\ Treasure County, MT, has historically been a part of the Crow
  Service Unit population.
\17\ The counties listed have historically been a part of the Grand
  Traverse Service Unit population since 1980.
\18\ Haskell Indian Health Center has historically been a part of Kansas
  Service Unit since 1979. Special programs have been established by
  Congress irrespective of the eligibility regulations. Eligibility for
  services at these facilities is based on the legislative history of
  the appropriation of funds for the particular facility rather than the
  eligibility regulations. Historically services have been provided at
  Haskell Indian Health Center (H. Rept. No. 95-392).
\19\ CHSDA counties for the Ho-Chunk Nation of Wisconsin were designated
  by regulation (42 CFR 136.22(a)(5)). Dane County, WI, was added to the
  reservation by the Bureau of Indian Affairs in 1986.
\20\ Public Law 97-428 provides that any member of the Houlton Band of
  Maliseet Indians in or around the Town of Houlton shall be eligible
  without regard to existence of a reservation.
\21\ The Jena Band of Choctaw Indian was Federally acknowledged as
  documented at 60 FR 28480, May 31, 1995. The counties listed were
  designated administratively as the SDA, to function as a CHSDA, for
  the purposes of operating a CHS program pursuant to the ISDEAA, Pub.
  L. 93-638.
\22\ Kickapoo Traditional Tribe of Texas, formerly known as the Texas
  Band of Kickapoo, was recognized by Pub. L. 97-429, signed into law on
  January 8, 1983. The Act provides for eligibility for Kickapoo Tribal
  members residing in Maverick County without regard to the existence of
  a reservation.
\23\ The Klamath Indian Tribe Restoration Act (Pub. L. 99-398, Sec.
  2(2)) states that for the purpose of Federal services and benefits
  ``members of the tribe residing in Klamath County shall be deemed to
  be residing in or near a reservation''.
\24\ The Koi Nation of Northern California, formerly known as the Lower
  Lake Rancheria, was reaffirmed by the Secretary of the Bureau of
  Indian Affairs on December 29, 2000. The counties listed were
  designated administratively as the SDA, to function as a PRC SDA, for
  the purposes of operating a PRC program pursuant to the ISDEAA, Pub.
  L. 93-638.
\25\ The Little Traverse Bay Bands of Odawa Indians and the Little River
  Band of Ottawa Indians Act recognized the Little River Band of Ottawa
  Indians and the Little Traverse Bay Bands of Odawa Indians. Pursuant
  to Pub. L. 103-324, Sec.4(b) the counties listed were designated
  administratively as the SDA, to function as a CHSDA, for the purposes
  of operating a CHS program pursuant to the ISDEAA, Pub. L. 93-638.
\26\ Mashantucket Pequot Indian Claims Settlement Act, Pub. L. 98-134,
  signed into law on October 18, 1983, provides a reservation for the
  Mashantucket Pequot Indian Tribe in New London County, CT.
\27\ The Mashpee Wampanoag Tribe was recognized in February 2007, as
  documented at 72 FR 8007, February 22, 2007. The counties listed were
  designated administratively as the SDA, to function as a CHSDA, for
  the purposes of operating a CHS program pursuant to the ISDEAA, Pub.
  L. 93-638.
\28\ The Match-e-be-nash-she-wish Band of Pottawatomi Indians of
  Michigan was recognized in October 1998, as documented at 63 FR 56936,
  October 23, 1998. The counties listed were designated administratively
  as the SDA, to function as a CHSDA, for the purposes of operating a
  CHS program pursuant to the ISDEAA, Pub. L. 93-638.
\29\ Members of the Mississippi Band of Choctaw Indians residing in
  Jasper and Noxubee Counties, MS, are eligible for contract health
  services; these two counties were inadvertently omitted from 42 CFR
  136.22.
\30\ Scott County, MS, has historically been a part of the Choctaw
  Service Unit population since 1970.
\31\ The Narragansett Indian Tribe was recognized by Pub. L. 95-395,
  signed into law September 30, 1978. Lands in Washington County, RI,
  are now Federally restricted and the Bureau of Indian Affairs
  considers them as the Narragansett Indian Reservation.
\32\ Entire State of Nevada is included as a CHSDA by regulation (42 CFR
  136.22(a)(2)).
\33\ Carter County, MT, has historically been a part of the Northern
  Cheyenne Service Unit population since 1979.
\34\ Land of Box Elder County, Utah, was taken into trust for the
  Northwestern Band of Shoshoni Nation in 1986.
\35\ The Nottawaseppi Huron Band of the Potawatomi, Michigan, formerly
  known as the Huron Band of Potawatomi, Inc., was recognized in
  December 1995, as documented at 60 FR 66315, December 21, 1995. The
  counties listed were designated administratively as the SDA, to
  function as a CHSDA, for the purposes of operating a CHS program
  pursuant to the ISDEAA, Pub. L. 93-638.
\36\ Washabaugh County, SD, merged and became part of Jackson County,
  SD, in 1983; both were/are CHSDA counties for the Oglala Sioux Tribe.
\37\ Entire State of Oklahoma is included as a CHSDA by regulation (42
  CFR 136.22(a)(3)).
\38\ Paiute Indian Tribe of Utah Restoration Act, Pub. L. 96-227,
  provides for the extension of services for the Paiute Indian Tribe of
  Utah to these four counties without regard to the existence of a
  reservation.

[[Page 20395]]

 
\39\ Legislative history (H.R. Report No. 95-1021) to Pub. L.95-375,
  Extension of Federal Benefits to Pascua Yaqui Indians, Arizona,
  expresses congressional intent that lands conveyed to the Pascua Yaqui
  Tribe of Arizona pursuant to Act of October 8, 1964. (Pub. L. 88-350)
  shall be deemed a Federal Indian Reservation.
\40\ The Maine Indian Claims Settlement Act of 1980 (Pub. L. 96-420; H.
  Rept. 96-1353) includes the intent of Congress to fund and provide
  contract health services to the Passamaquoddy Tribe and the Penobscot
  Nation.
\41\ The Passamaquoddy Tribe has two reservations. The PRC SDA for the
  Passamaquoddy Tribe of Indian Township, ME, is Aroostook County, ME,
  and Washington County, ME. The PRC SDA for the Passamaquoddy Tribe of
  Pleasant Point, ME, is Aroostook County ME, and Washington County, ME,
  south of State Route 9.
\42\ Counties in the Service Unit designated by Congress for the Poarch
  Band of Creek Indians (see H. Rept. 98-886, June 29, 1984; Cong.
  Record, October 10, 1984, Pg. H11929).
\43\ Pub. L. 103-323 restored Federal recognition to the Pokagon Band of
  Potawatomi Indians, Michigan and Indiana, in 1994 and identified
  counties to serve as the SDA.
\44\ The Ponca Restoration Act, Pub. L. 101-484, recognized members of
  the Ponca Tribe of Nebraska in Boyd, Douglas, Knox, Madison or
  Lancaster counties of Nebraska or Charles Mix county of South Dakota
  as residing on or near a reservation. Pub. L. 104-109 made technical
  corrections to laws relating to Native Americans and added Burt, Hall,
  Holt, Platte, Sarpy, Stanton, and Wayne counties of Nebraska and
  Pottawatomie and Woodbury counties of Iowa to the Ponca Tribe of
  Nebraska SDA.
\45\ Special programs have been established by Congress irrespective of
  the eligibility regulations. Eligibility for services at these
  facilities is based on the legislative history of the appropriation of
  funds for the particular facility, rather than the eligibility
  regulations. Historically services have been provided at Rapid City
  (S. Rept. No. 1154, FY 1967 Interior Approp. 89th Cong. 2d Sess.).
\46\ Historically part of Isabella Reservation Area for the Saginaw
  Chippewa Indian Tribe of Michigan and the Eastern Michigan Service
  Unit population since 1979.
\47\ The Samish Indian Tribe Nation was Federally acknowledged in April
  1996 as documented at 61 FR 15825, April 9, 1996. The counties listed
  were designated administratively as the SDA, to function as a CHSDA,
  for the purposes of operating a CHS program pursuant to the ISDEAA,
  Pub. L. 93-638.
\48\ CHSDA counties for the Sault Ste. Marie Tribe of Chippewa Indians,
  Michigan, were designated by regulation (42 CFR 136.22(a)(4)).
\49\ The Shinnecock Indian Nation was Federally acknowledged in June
  2010 as documented at 75 FR 34760, June 18, 2010. The counties listed
  were designated administratively as the SDA, to function as a CHSDA,
  for the purposes of operating a CHS program pursuant to the ISDEAA,
  Pub. L. 93-638.
\50\ Lemhi County, ID, has historically been a part of the Fort Hall
  Service Unit population since 1979.
\51\ The Snoqualmie Indian Tribe was Federally acknowledged in August
  1997 as documented at 62 FR 45864, August 29, 1997. The counties
  listed were designated administratively as the SDA, to function as a
  CHSDA, for the purposes of operating a CHS program pursuant to the
  ISDEAA, Pub. L. 93-638.
\52\ On December 30, 2011 the Office of Assistant Secretary-Indian
  Affairs reaffirmed the Federal recognition of the Tejon Indian Tribe.
  The county listed was designated administratively as the SDA, to
  function as a CHSDA, for the purposes of operating a CHS program
  pursuant to the ISDEAA, Pub. L. 93-638.
\53\ The Secretary acting through the Service is directed to provide
  contract health services to Turtle Mountain Band of Chippewa Indians
  that reside in Trenton Service Unit, North Dakota and Montana, in
  Divide, Mackenzie, and Williams counties in the state of North Dakota
  and the adjoining counties of Richland, Roosevelt, and Sheridan in the
  state of Montana (Sec. 815, Pub. L. 94-437).
\54\ Rapides County, LA, has historically been a part of the Tunica
  Biloxi Service Unit population since 1982.
\55\ According to Pub. L. 100-95, Sec. 12, members of the Wampanoag
  Tribe of Gay Head (Aquinnah) residing on Martha's Vineyard are deemed
  to be living on or near an Indian reservation for the purposes of
  eligibility for Federal services.
\56\ The counties listed are designated administratively as the SDA, to
  function as a PRC SDA, for the purposes of operating a PRC program
  pursuant to the ISDEAA, Pub. L. 93-638.
\57\ The Wilton Rancheria, California had Federal recognition restored
  in July 2009 as documented at 74 FR 33468, July 13, 2009. Sacramento
  County, CA, was designated administratively as the SDA, to function as
  a CHSDA. Sacramento County was not covered when Congress originally
  established the State of California as a CHSDA excluding certain
  counties including Sacramento County (25 U.S.C. 1680).


    Dated: March 31, 2016.
Elizabeth A. Fowler,
Deputy Director for Management Operations, Indian Health Service.
[FR Doc. 2016-07951 Filed 4-6-16; 8:45 am]
 BILLING CODE 4165-16-P