List of Programs Eligible for Inclusion in Funding Agreements Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs and Fiscal Year 2020 Programmatic Targets, 12326-12330 [2020-04249]
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Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Notices
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its implementing regulations (50 CFR
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4371 et seq.) and its implementing
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Dated: February 24, 2020.
Amy L. Lueders,
Regional Director, Southwest Region, U.S.
Fish and Wildlife Service.
[FR Doc. 2020–04236 Filed 2–28–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[201A2100DD/AAKC001030/
A0A501010.999900 253G]
List of Programs Eligible for Inclusion
in Funding Agreements Negotiated
With Self-Governance Tribes by
Interior Bureaus Other Than the
Bureau of Indian Affairs and Fiscal
Year 2020 Programmatic Targets
Office of the Secretary, Interior.
Notice.
AGENCY:
ACTION:
This notice lists programs or
portions of programs that are eligible for
inclusion in self-governance funding
agreements with Indian Tribes and lists
Fiscal Year 2020 programmatic targets
for each of the non-Bureau of Indian
Affairs (BIA) bureaus in the Department
of the Interior (Department), pursuant to
Title IV of the Indian Self-Determination
and Education Assistance Act (Act), as
amended.
DATES: These programs are eligible for
inclusion in self-governance funding
agreements until September 30, 2020.
ADDRESSES: Inquiries or comments
regarding this notice may be directed to
Ms. Sharee M. Freeman, Director, Office
of Self-Governance (MS 2071–MIB),
1849 C Street NW, Washington, DC
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SUMMARY:
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20240–0001, telephone: (202) 219–0240,
fax: (202) 219–4246, or to the bureauspecific points of contact listed below.
FOR FURTHER INFORMATION CONTACT: Dr.
Kenneth D. Reinfeld, Office of SelfGovernance, telephone: (703) 390–6551
or (202) 821–7107.
SUPPLEMENTARY INFORMATION:
I. Background
Title IV of the Act instituted a
permanent self-governance program at
the Department. Under the selfgovernance program, certain programs,
services, functions, and activities, or
portions thereof, in Department bureaus
other than BIA are eligible to be
planned, conducted, consolidated, and
administered by a self-governance Tribe.
Under section 405(c) of the Act, the
Secretary of the Interior (Secretary) 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 selfgovernance program and (2)
programmatic targets for non-BIA
bureaus.
Two categories of non-BIA programs
are eligible for self-governance funding
agreements:
(1) Under section 403(b)(2) of the Act,
any non-BIA program, service, function,
or activity that is administered by the
Department that is ‘‘otherwise available
to Indian tribes or Indians,’’ can be
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 Act. 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 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
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element to be included in a selfgovernance 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
A special session to discuss in detail
a draft 2020 non-BIA Federal Register
Notice was held on April 4, 2019, at the
2019 Tribal Self-Governance Annual
Consultation Conference located in the
Grand Traverse Resort and Spa in Acme,
Michigan. Comments were requested to
be provided by Friday, June 14, 2019.
Changes Made From 2019 to 2020
No requests for changes were
received.
II. Funding Agreements Between SelfGovernance Tribes and Non-BIA
Bureaus of the Department of the
Interior for Fiscal Year 2019
A. Bureau of Land Management (2)
Council of Athabascan Tribal
Governments
Duckwater Shoshone Tribe of the
Duckwater Reservation
B. Bureau of Reclamation (5)
Gila River Indian Community of the
Gila River Indian Reservation
Chippewa Cree Indians of the Rocky
Boy’s Reservation
Hoopa Valley Tribe
Karuk Tribe
Yurok Tribe of the Yurok Reservation
C. Office of Natural Resources Revenue
(none)
D. National Park Service (3)
Grand Portage Band of Lake Superior
Chippewa Indians
Sitka Tribe of Alaska
Yurok Tribe of the Yurok Reservation
E. Fish and Wildlife Service (1)
Council of Athabascan Tribal
Governments
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
H. Appraisal and Valuation Services
Office (29)
1. The Quapaw Tribe of Indians
2. Morongo Band of Mission Indians
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3. Muckleshoot Indian Tribe
4. Pueblo of Taos
5. Confederated Tribes of the Umatilla
Indian Reservation
6. Association of Village Council
Presidents
7. Kawerak, Inc.
8. Native Village of Tanana
9. Tanana Chiefs Conference [includes
Gwichyaa Gwich’in (aka Fort
Yukon)]
10. Central Council of Tlingit and
Haida Indian Tribes
11. Cherokee Nation
12. The Choctaw Nation of Oklahoma
13. Eastern Shawnee Tribe of
Oklahoma
14. The Muscogee (Creek) Nation
15. Wyandotte Nation
16. Oneida Nation
17. Confederated Salish and Kootenai
Tribes of the Flathead Reservation
18. Lummi Tribe of the Lummi
Reservation
19. Port Gamble S’Klallam Tribe
20. Confederated Tribes of Siletz
Indians of Oregon
21. Hoopa Valley Tribe
22. Redding Rancheria
23. Chippewa Cree Indians of the
Rocky Boy’s Reservation
24. Absentee-Shawnee Tribe of
Indians of Oklahoma
25. Citizen Potawatomi Nation,
Oklahoma
26. Kaw Nation, Oklahoma
27. Sac & Fox Nation, Oklahoma
28. Salt River Pima-Maricopa Indian
Community of the Salt River
Reservation
29. Shoshone-Paiute Tribes of the
Duck Valley Reservation, Nevada
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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 of the Act 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
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.
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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,
depending upon availability of funds,
the need for specific services, and the
self-governance Tribe’s demonstration
of a special geographic, cultural, or
historical connection, may also be
available for inclusion in selfgovernance 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,
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. In addition, in
a study conducted pursuant to
Secretarial Order 3377, the Office of the
Solicitor determined that the following
functions are available for contracts
under Title I of the Act and, therefore,
may be available for inclusion in a
funding agreement: inspection and
enforcement of Indian oil and gas
operations, determining trust land
locations; approving Applications for
Permits to Drill; securing and enforcing
bonds (for surface of split estate); and
providing mineral assessments and
valuation.
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
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control, fencing, construction and
management of range improvements,
grazing management experiments, range
monitoring, and similar activities, may
be available in specific States.
4. Riparian Management. Activities,
such as facilities construction, erosion
control, rehabilitation, and other similar
activities, may be available in specific
States.
5. Recreation Management. Activities,
such as facilities construction and
maintenance, interpretive design and
construction, and similar activities may
be available in specific States.
6. Wildlife and Fisheries Habitat
Management. Activities, such as
construction and maintenance,
implementation of statutory, regulatory
and policy or administrative plan-based
species protection, interpretive design
and construction, and similar activities
may be available in specific States.
7. Wild Horse Management.
Activities, such as wild horse roundups, adoption and disposition,
including operation and maintenance of
wild horse facilities, may be available in
specific States.
For questions regarding selfgovernance, contact Bryon Loosle,
Bureau of Land Management (WO–240),
Bureau of Land Management, 1849 C
Street NW, Washington, DC 20240,
telephone (202) 912–7240, fax (202)
452–7701.
B. Eligible Bureau of Reclamation
(Reclamation) Programs
The mission of 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 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, enhancement
of fish and wildlife habitats; and
outdoor recreation.
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
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4. Rocky Boy’s/North Central Montana
Regional Water System, Montana
5. Indian Water Rights Settlement
Projects, as authorized by Congress
Upon the request of a self-governance
Tribe, Reclamation will also consider
for inclusion in funding agreements
other programs or activities which
Reclamation determines to be eligible
under Section 403(b)(2) or 403(c) of the
Act.
For questions regarding selfgovernance, contact Mr. 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.
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C. Eligible Office of Natural Resources
Revenue (ONRR) Programs
The Office of Natural Resources
Revenue (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
preparation 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 promotes
Tribal self-governance and selfdetermination over trust lands and
resources through the following
program functions that may be available
to self-governance Tribes:
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
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allowance determinations and
approvals.
5. Royalty Internship Program. An
orientation and training program for
auditors and accountants from mineralproducing Tribes to acquaint Tribal staff
with royalty laws, procedures, and
techniques. This program is
recommended for Tribes that are
considering a self-governance funding
agreement, but have not yet acquired
mineral revenue expertise via a
FOGRMA section 202 cooperative
agreement, as this term is defined in
FOGRMA and implementing regulations
at 30 CFR 228.4.
For questions regarding selfgovernance, contact Heidi Badarraco,
Program Manager—Indian Trust,
Outreach & Coordination, Office of
Natural Resources Revenue, Denver
Federal Center, 6th & Kipling, Building
67, Mail Stop 641100C, Denver,
Colorado 80225–0165, telephone: (303)
231–3434.
D. Eligible National Park Service (NPS)
Programs
NPS administers the National Park
System, which is made up of national
parks, monuments, historic sites,
battlefields, seashores, lake shores and
recreation areas. NPS 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 administering
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
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8. Hazardous Fuel Reduction
9. Housing Construction and
Rehabilitation
10. Interpretation
11. Janitorial Services
12. Maintenance
13. Natural Resource Management
Projects
14. Operation of Campgrounds
15. Range Assessment—Alaska
16. Reindeer Grazing—Alaska
17. Road Repair
18. Solid Waste Collection and Disposal
19. Trail Rehabilitation
20. Watershed Restoration and
Maintenance
21. Beringia Research
22. Elwha River Restoration
23. Recycling Programs
Locations of National Park Service Units
With Close Proximity to SelfGovernance Tribes
1. Aniakchack National Monument &
Preserve—Alaska
2. Bering Land Bridge National
Preserve—Alaska
3. Cape Krusenstern National
Monument—Alaska
4. Denali National Park & Preserve—
Alaska
5. Gates of the Arctic National Park &
Preserve—Alaska
6. Glacier Bay National Park and
Preserve—Alaska
7. Katmai National Park and Preserve—
Alaska
8. Kenai Fjords National Park—Alaska
9. Klondike Gold Rush National
Historical Park—Alaska
10. Kobuk Valley National Park—Alaska
11. Lake Clark National Park and
Preserve—Alaska
12. Noatak National Preserve—Alaska
13. Sitka National Historical Park—
Alaska
14. Wrangell-St. Elias National Park and
Preserve—Alaska
15. Yukon-Charley Rivers National
Preserve—Alaska
16. Casa Grande Ruins National
Monument—Arizona
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. Death Valley National Park—
California
26. Devils Postpile National
Monument—California
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27. Joshua Tree National Park—
California
28. Lassen Volcanic National Park—
California
29. Point Reyes National Seashore—
California
30. Redwood National Park—California
31. Whiskeytown National Recreation
Area—California
32. Yosemite National Park—California
33. Hagerman Fossil Beds National
Monument—Idaho
34. Effigy Mounds National
Monument—Iowa
35. Fort Scott National Historic Site—
Kansas
36. Tallgrass Prairie National Preserve—
Kansas
37. Boston Harbor Islands National
Recreation Area—Massachusetts
38. Cape Cod National Seashore—
Massachusetts
39. New Bedford Whaling National
Historical Park—Massachusetts
40. Isle Royale National Park—Michigan
41. Sleeping Bear Dunes National
Lakeshore—Michigan
42. Grand Portage National
Monument—Minnesota
43. Voyageurs National Park—
Minnesota
44. Bear Paw Battlefield, Nez Perce
National Historical Park—Montana
45. Glacier National Park—Montana
46. Great Basin National Park—Nevada
47. Aztec Ruins National Monument—
New Mexico
48. Bandelier National Monument—
New Mexico
49. Carlsbad Caverns National Park—
New Mexico
50. Chaco Culture National Historic
Park—New Mexico
51. Pecos National Historic Park—New
Mexico
52. White Sands National Monument—
New Mexico
53. Fort Stanwix National Monument—
New York
54. Great Smoky Mountains National
Park—North Carolina/Tennessee
55. Cuyahoga Valley National Park—
Ohio
56. Hopewell Culture National
Historical Park—Ohio
57. Chickasaw National Recreation
Area—Oklahoma
58. Crater Lake National Park—Oregon
59. John Day Fossil Beds National
Monument—Oregon
60. Alibates Flint Quarries National
Monument—Texas
61. Guadalupe Mountains National
Park—Texas
62. Lake Meredith National Recreation
Area—Texas
63. Ebey’s Landing National Recreation
Area—Washington
64. Fort Vancouver National Historic
Site—Washington
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65. Mount Rainier National Park—
Washington
66. Olympic National Park—
Washington
67. San Juan Islands National Historic
Park—Washington
68. Whitman Mission National Historic
Site—Washington
For questions regarding selfgovernance, contact Jennifer TalkenSpaulding, Acting Manager, American
Indian Liaison Office, National Park
Service, 1849 C Street NW, Room 7351,
Washington, DC 20240, telephone: (202)
354–2090, or email: Jennifer_TalkenSpaulding@nps.gov.
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) or
candidate species under the ESA. 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
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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, to 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 National
Wildlife Refuges and Tribes. Such
activities may include, but are not
limited to: Tagging, rearing and feeding
of fish, disease treatment, 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 administering through a
self-governance funding agreement.
1. Alaska National Wildlife Refuges—
Alaska
2. Alchesay National Fish Hatchery—
Arizona
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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
Refute—Oklahoma
13. Bandon Marsh National Wildlife
Refuge—Washington
14. Dungeness National Wildlife
Refuge—Washington
15. Makah National Fish Hatchery—
Washington
16. Nisqually National Wildlife
Refuge—Washington
17. Quinault National Fish Hatchery—
Washington
18. San Juan Islands National Wildlife
Refuge—Washington
19. Tamarac National Wildlife Refuge—
Wisconsin
For questions regarding selfgovernance, contact Scott Aikin, Fish
and Wildlife Service, National Native
American Programs Coordinator, 1211
SE Cardinal Court, Suite 100,
Vancouver, Washington 98683,
telephone (360) 604–2531 or fax (360)
604–2505.
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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 Monique Fordham,
Esq., National Tribal Liaison, U.S.
Geological Survey, 12201 Sunrise Valley
VerDate Sep<11>2014
18:10 Feb 28, 2020
Jkt 250001
Drive, Reston, Virginia 20192, telephone
(703) 648–4437 or fax (703) 648–6683.
H. Eligible Appraisal and Valuation
Services Office Programs
G. Eligible Office of the Special Trustee
for American Indians (OST) Programs
The Appraisal and Valuation Services
Office (AVSO), established on March 19,
2018 by Secretarial Order No. 3363,
provides appraisal, valuation,
evaluation, and consulting expertise to
Indian beneficiaries, federal clients and
other stakeholders in accordance with
the highest professional and ethical
standards. AVSO is responsible for all
real property appraisal and valuation
services within the Department of the
Interior as well as conducting mineral
economic evaluations to the following
bureau clients: Bureau of Indian Affairs,
Bureau of Indian Education, Bureau of
Land Management, Bureau of
Reclamation, U.S. Fish and Wildlife
Service, and the National Park Service.
Within AVSO are four land valuation
divisions; Indian Trust Property
Valuation Division, Land Buy-Back
Program Valuation Division, Division of
Minerals Evaluation and Federal Land
Division.
The MOU between the Tribe/
Consortium and AVSO outlines the
roles and responsibilities for the
performance of the AVSO program by
the Tribe/Consortium. An MOU will be
negotiated between the Tribe/
Consortium and AVSO, which will be
binding on both parties and attached
and incorporated into the OSG funding
agreement.
If a Tribe/Consortium decides to
assume the operation of an AVSO
program, the new funding for
performing that program will come from
AVSO program dollars. A Tribe’s newlyassumed operation of an AVSO program
will be reflected in the Tribe’s OSG
funding agreement.
For questions regarding the
assumption of an AVSO program under
self-governance, contact Eldred F.
Lesansee, Associate Deputy Director,
Appraisal and Valuation Services
Office, 4400 Masthead Street NE,
Albuquerque, NM 87109, (505) 816–
1318, fax (505) 816–3129.
The Department has responsibility for
what may be the largest land trust in the
world, approximately 56 million acres.
OST oversees the management of Indian
trust assets, including income generated
from leasing and other commercial
activities on Indian trust lands, by
maintaining, investing and disbursing
Indian trust financial assets, and
reporting on these transactions. The
mission of the OST is to serve Indian
communities by fulfilling Indian
fiduciary trust responsibilities. This is
to be accomplished through the
implementation of a Comprehensive
Trust Management Plan (CTM) that is
designed to improve trust beneficiary
services, ownership information,
management of trust fund assets, and
self-governance activities.
A Tribe operating under selfgovernance may include the following
programs, services, functions, and
activities or portions thereof in a
funding agreement:
1. Beneficiary Processes Program
(Individual Indian Money Accounting
Technical Functions).
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
specified in the existing funding
agreement with the OSG, 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 OSG 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 OSG 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.
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
IV. Programmatic Targets
The programmatic target for Fiscal
Year 2020 provides that, upon request of
a self-governance Tribe, each non-BIA
bureau will negotiate funding
agreements for its eligible programs
beyond those already negotiated.
Dated: February 25, 2020.
David L. Bernhardt,
Secretary, Department of the Interior.
[FR Doc. 2020–04249 Filed 2–28–20; 8:45 am]
BILLING CODE 4337–15–P
E:\FR\FM\02MRN1.SGM
02MRN1
Agencies
[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Pages 12326-12330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04249]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[201A2100DD/AAKC001030/A0A501010.999900 253G]
List of Programs Eligible for Inclusion in Funding Agreements
Negotiated With Self-Governance Tribes by Interior Bureaus Other Than
the Bureau of Indian Affairs and Fiscal Year 2020 Programmatic Targets
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice lists programs or portions of programs that are
eligible for inclusion in self-governance funding agreements with
Indian Tribes and lists Fiscal Year 2020 programmatic targets for each
of the non-Bureau of Indian Affairs (BIA) bureaus in the Department of
the Interior (Department), pursuant to Title IV of the Indian Self-
Determination and Education Assistance Act (Act), as amended.
DATES: These programs are eligible for inclusion in self-governance
funding agreements until September 30, 2020.
ADDRESSES: Inquiries or comments regarding this notice may be directed
to Ms. Sharee M. Freeman, Director, Office of Self-Governance (MS 2071-
MIB), 1849 C Street NW, Washington, DC 20240-0001, telephone: (202)
219-0240, fax: (202) 219-4246, or to the bureau-specific points of
contact listed below.
FOR FURTHER INFORMATION CONTACT: Dr. Kenneth D. Reinfeld, Office of
Self-Governance, telephone: (703) 390-6551 or (202) 821-7107.
SUPPLEMENTARY INFORMATION:
I. Background
Title IV of the Act instituted a permanent self-governance program
at the Department. Under the self-governance program, certain programs,
services, functions, and activities, or portions thereof, in Department
bureaus other than BIA are eligible to be planned, conducted,
consolidated, and administered by a self-governance Tribe.
Under section 405(c) of the Act, the Secretary of the Interior
(Secretary) 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 non-BIA
bureaus.
Two categories of non-BIA programs are eligible for self-governance
funding agreements:
(1) Under section 403(b)(2) of the Act, any non-BIA program,
service, function, or activity that is administered by the Department
that is ``otherwise available to Indian tribes or Indians,'' can be
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
Act. 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 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
A special session to discuss in detail a draft 2020 non-BIA Federal
Register Notice was held on April 4, 2019, at the 2019 Tribal Self-
Governance Annual Consultation Conference located in the Grand Traverse
Resort and Spa in Acme, Michigan. Comments were requested to be
provided by Friday, June 14, 2019.
Changes Made From 2019 to 2020
No requests for changes were received.
II. Funding Agreements Between Self-Governance Tribes and Non-BIA
Bureaus of the Department of the Interior for Fiscal Year 2019
A. Bureau of Land Management (2)
Council of Athabascan Tribal Governments
Duckwater Shoshone Tribe of the Duckwater Reservation
B. Bureau of Reclamation (5)
Gila River Indian Community of the Gila River Indian Reservation
Chippewa Cree Indians of the Rocky Boy's Reservation
Hoopa Valley Tribe
Karuk Tribe
Yurok Tribe of the Yurok Reservation
C. Office of Natural Resources Revenue (none)
D. National Park Service (3)
Grand Portage Band of Lake Superior Chippewa Indians
Sitka Tribe of Alaska
Yurok Tribe of the Yurok Reservation
E. Fish and Wildlife Service (1)
Council of Athabascan Tribal Governments
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
H. Appraisal and Valuation Services Office (29)
1. The Quapaw Tribe of Indians
2. Morongo Band of Mission Indians
[[Page 12327]]
3. Muckleshoot Indian Tribe
4. Pueblo of Taos
5. Confederated Tribes of the Umatilla Indian Reservation
6. Association of Village Council Presidents
7. Kawerak, Inc.
8. Native Village of Tanana
9. Tanana Chiefs Conference [includes Gwichyaa Gwich'in (aka Fort
Yukon)]
10. Central Council of Tlingit and Haida Indian Tribes
11. Cherokee Nation
12. The Choctaw Nation of Oklahoma
13. Eastern Shawnee Tribe of Oklahoma
14. The Muscogee (Creek) Nation
15. Wyandotte Nation
16. Oneida Nation
17. Confederated Salish and Kootenai Tribes of the Flathead
Reservation
18. Lummi Tribe of the Lummi Reservation
19. Port Gamble S'Klallam Tribe
20. Confederated Tribes of Siletz Indians of Oregon
21. Hoopa Valley Tribe
22. Redding Rancheria
23. Chippewa Cree Indians of the Rocky Boy's Reservation
24. Absentee-Shawnee Tribe of Indians of Oklahoma
25. Citizen Potawatomi Nation, Oklahoma
26. Kaw Nation, Oklahoma
27. Sac & Fox Nation, Oklahoma
28. Salt River Pima-Maricopa Indian Community of the Salt River
Reservation
29. Shoshone-Paiute Tribes of the Duck Valley Reservation, Nevada
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 of the Act 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 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, depending upon availability of funds, the need for
specific services, and the self-governance Tribe's demonstration of a
special geographic, cultural, 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, 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. In addition, in a study
conducted pursuant to Secretarial Order 3377, the Office of the
Solicitor determined that the following functions are available for
contracts under Title I of the Act and, therefore, may be available for
inclusion in a funding agreement: inspection and enforcement of Indian
oil and gas operations, determining trust land locations; approving
Applications for Permits to Drill; securing and enforcing bonds (for
surface of split estate); and providing mineral assessments and
valuation.
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 Bryon Loosle,
Bureau of Land Management (WO-240), Bureau of Land Management, 1849 C
Street NW, Washington, DC 20240, telephone (202) 912-7240, fax (202)
452-7701.
B. Eligible Bureau of Reclamation (Reclamation) Programs
The mission of 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
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, enhancement of fish and
wildlife habitats; and outdoor recreation.
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
[[Page 12328]]
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
The Office of Natural Resources Revenue (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 preparation 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 promotes Tribal self-governance and self-
determination over trust lands and resources through the following
program functions that may be available to self-governance Tribes:
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-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 term
is defined in FOGRMA and implementing regulations at 30 CFR 228.4.
For questions regarding self-governance, contact Heidi Badarraco,
Program Manager--Indian Trust, Outreach & Coordination, Office of
Natural Resources Revenue, Denver Federal Center, 6th & Kipling,
Building 67, Mail Stop 641100C, Denver, Colorado 80225-0165, telephone:
(303) 231-3434.
D. Eligible National Park Service (NPS) Programs
NPS administers the National Park System, which is made up of
national parks, monuments, historic sites, battlefields, seashores,
lake shores and recreation areas. NPS 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
administering 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. Death Valley National Park--California
26. Devils Postpile National Monument--California
[[Page 12329]]
27. Joshua Tree National Park--California
28. Lassen Volcanic National Park--California
29. Point Reyes National Seashore--California
30. Redwood National Park--California
31. Whiskeytown National Recreation Area--California
32. Yosemite National Park--California
33. Hagerman Fossil Beds National Monument--Idaho
34. Effigy Mounds National Monument--Iowa
35. Fort Scott National Historic Site--Kansas
36. Tallgrass Prairie National Preserve--Kansas
37. Boston Harbor Islands National Recreation Area--Massachusetts
38. Cape Cod National Seashore--Massachusetts
39. New Bedford Whaling National Historical Park--Massachusetts
40. Isle Royale National Park--Michigan
41. Sleeping Bear Dunes National Lakeshore--Michigan
42. Grand Portage National Monument--Minnesota
43. Voyageurs National Park--Minnesota
44. Bear Paw Battlefield, Nez Perce National Historical Park--Montana
45. Glacier National Park--Montana
46. Great Basin National Park--Nevada
47. Aztec Ruins National Monument--New Mexico
48. Bandelier National Monument--New Mexico
49. Carlsbad Caverns National Park--New Mexico
50. Chaco Culture National Historic Park--New Mexico
51. Pecos National Historic Park--New Mexico
52. White Sands National Monument--New Mexico
53. Fort Stanwix National Monument--New York
54. Great Smoky Mountains National Park--North Carolina/Tennessee
55. Cuyahoga Valley National Park--Ohio
56. Hopewell Culture National Historical Park--Ohio
57. Chickasaw National Recreation Area--Oklahoma
58. Crater Lake National Park--Oregon
59. John Day Fossil Beds National Monument--Oregon
60. Alibates Flint Quarries National Monument--Texas
61. Guadalupe Mountains National Park--Texas
62. Lake Meredith National Recreation Area--Texas
63. Ebey's Landing National Recreation Area--Washington
64. Fort Vancouver National Historic Site--Washington
65. Mount Rainier National Park--Washington
66. Olympic National Park--Washington
67. San Juan Islands National Historic Park--Washington
68. Whitman Mission National Historic Site--Washington
For questions regarding self-governance, contact Jennifer Talken-
Spaulding, Acting Manager, American Indian Liaison Office, National
Park Service, 1849 C Street NW, Room 7351, Washington, DC 20240,
telephone: (202) 354-2090, or email: [email protected].
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) or candidate species
under the ESA. 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, to 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 National Wildlife Refuges and
Tribes. Such activities may include, but are not limited to: Tagging,
rearing and feeding of fish, disease treatment, 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 administering through a self-
governance funding agreement.
1. Alaska National Wildlife Refuges--Alaska
2. Alchesay National Fish Hatchery--Arizona
[[Page 12330]]
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 Refute--Oklahoma
13. Bandon Marsh National Wildlife Refuge--Washington
14. Dungeness National Wildlife Refuge--Washington
15. Makah National Fish Hatchery--Washington
16. Nisqually National Wildlife Refuge--Washington
17. Quinault National Fish Hatchery--Washington
18. San Juan Islands National Wildlife Refuge--Washington
19. Tamarac National Wildlife Refuge--Wisconsin
For questions regarding self-governance, contact Scott Aikin, Fish
and Wildlife Service, National Native American Programs Coordinator,
1211 SE Cardinal Court, Suite 100, Vancouver, Washington 98683,
telephone (360) 604-2531 or fax (360) 604-2505.
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 Monique Fordham,
Esq., National Tribal Liaison, U.S. Geological Survey, 12201 Sunrise
Valley Drive, Reston, Virginia 20192, telephone (703) 648-4437 or fax
(703) 648-6683.
G. Eligible Office of the Special Trustee for American Indians (OST)
Programs
The Department has responsibility for what may be the largest land
trust in the world, approximately 56 million acres. OST oversees the
management of Indian trust assets, including income generated from
leasing and other commercial activities on Indian trust lands, by
maintaining, investing and disbursing Indian trust financial assets,
and reporting on these transactions. The mission of the OST is to serve
Indian communities by fulfilling Indian fiduciary trust
responsibilities. This is to be accomplished through the implementation
of a Comprehensive Trust Management Plan (CTM) that is designed to
improve trust beneficiary services, ownership information, management
of trust fund assets, and self-governance activities.
A Tribe operating under self-governance may include the following
programs, services, functions, and activities or portions thereof in a
funding agreement:
1. Beneficiary Processes Program (Individual Indian Money
Accounting Technical Functions).
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
specified in the existing funding agreement with the OSG, 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 OSG 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 OSG 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.
H. Eligible Appraisal and Valuation Services Office Programs
The Appraisal and Valuation Services Office (AVSO), established on
March 19, 2018 by Secretarial Order No. 3363, provides appraisal,
valuation, evaluation, and consulting expertise to Indian
beneficiaries, federal clients and other stakeholders in accordance
with the highest professional and ethical standards. AVSO is
responsible for all real property appraisal and valuation services
within the Department of the Interior as well as conducting mineral
economic evaluations to the following bureau clients: Bureau of Indian
Affairs, Bureau of Indian Education, Bureau of Land Management, Bureau
of Reclamation, U.S. Fish and Wildlife Service, and the National Park
Service. Within AVSO are four land valuation divisions; Indian Trust
Property Valuation Division, Land Buy-Back Program Valuation Division,
Division of Minerals Evaluation and Federal Land Division.
The MOU between the Tribe/Consortium and AVSO outlines the roles
and responsibilities for the performance of the AVSO program by the
Tribe/Consortium. An MOU will be negotiated between the Tribe/
Consortium and AVSO, which will be binding on both parties and attached
and incorporated into the OSG funding agreement.
If a Tribe/Consortium decides to assume the operation of an AVSO
program, the new funding for performing that program will come from
AVSO program dollars. A Tribe's newly-assumed operation of an AVSO
program will be reflected in the Tribe's OSG funding agreement.
For questions regarding the assumption of an AVSO program under
self-governance, contact Eldred F. Lesansee, Associate Deputy Director,
Appraisal and Valuation Services Office, 4400 Masthead Street NE,
Albuquerque, NM 87109, (505) 816-1318, fax (505) 816-3129.
IV. Programmatic Targets
The programmatic target for Fiscal Year 2020 provides that, upon
request of a self-governance Tribe, each non-BIA bureau will negotiate
funding agreements for its eligible programs beyond those already
negotiated.
Dated: February 25, 2020.
David L. Bernhardt,
Secretary, Department of the Interior.
[FR Doc. 2020-04249 Filed 2-28-20; 8:45 am]
BILLING CODE 4337-15-P