Notice of Deadline for Submitting Completed Applications To Begin Participation in the Tribal Self-Governance Program in Fiscal Year 2022 or Calendar Year 2022, 81954-81955 [2020-27786]
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Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Notices
2. Setting speed limits to avoid
collisions with tortoise;
3. Having an approved biologist
ensure implementation of minimization
measures, monitor covered activities to
avoid collisions, and clear the work site
and materials, vehicles, and equipment
of tortoises before work activity;
4. Requiring pre-movement vehicle
and equipment inspections by workers;
5. Installing temporary tortoise
exclusion fencing around substation
area;
6. Conducting pre-construction
clearance surveys and translocation by
an approved biologist;
7. Developing a plan for spill
prevention and control, with
countermeasures;
8. Implementing proper waste
management and disposal actions;
9. Developing a fire management plan;
and
10. Implementing certain weed
management efforts.
The proposed action will result in the
permanent loss of moderate-quality
habitat in Nye County, Nevada. In
addition to the minimization measures,
the applicant will make a one-time
contribution of $26,500, payable to the
National Fish and Wildlife Foundation
(NFWF), to offset the impacts of
permanent Mojave desert tortoise
habitat loss and habitat modification of
about 18.2 acres.
No-Action Alternative
Under the No-Action Alternative, the
Service would not issue an ITP to the
applicant, and the draft HCP would not
be implemented. Under this alternative,
the applicant may choose not to
construct the facility or would do so in
a manner presumed not to result in the
take of ESA-listed species.
Public Comments
We request data, comments, new
information, or suggestions from the
public, other concerned governmental
agencies, the scientific community,
Tribes, industry, or any other interested
party on permit application, draft HCP,
and associated documents. If you wish
to comment, you may submit comments
by any of the methods in ADDRESSES.
Any comments we receive will
become part of the decision record
associated with this action. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—might
be made publicly available at any time.
18:52 Dec 16, 2020
Jkt 253001
Next Steps
Issuance of an incidental take permit
is a Federal proposed action subject to
compliance with NEPA and section 7 of
the ESA. We will evaluate the
application, associated documents, and
any public comments we receive during
this comment period to determine
whether the application meets the
requirements of section 10(a) of the
ESA. If we determine that those
requirements are met, we will conduct
an intra-Service consultation under
section 7 of the ESA for the Federal
action for the potential issuance of an
ITP. If the intra-Service consultation
confirms that issuance of the ITP will
not jeopardize the continued existence
of any endangered or threatened
species, or destroy or adversely modify
critical habitat, we will issue a permit
to the applicant for the incidental take
of the covered species.
Authority
We provide this notice under section
10(c) of the Endangered Species Act (16
U.S.C. 1539(c) and its implementing
regulations (50 CFR 17.32), and NEPA
(42 U.S.C. 4321 et seq.) and NEPA
implementing regulations (40 CFR
1501.4).
Glen W. Knowles,
Field Supervisor, Southern Nevada Fish and
Wildlife Office, U.S. Fish and Wildlife Service,
Las Vegas, Nevada.
[FR Doc. 2020–27705 Filed 12–16–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[212A2100DD/AAKC001030/
A0A51010.999900]
Public Availability of Comments
VerDate Sep<11>2014
While you can request in your comment
that we withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so. All submissions
from organizations or businesses, and
from individuals identifying themselves
as representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Notice of Deadline for Submitting
Completed Applications To Begin
Participation in the Tribal SelfGovernance Program in Fiscal Year
2022 or Calendar Year 2022
Office of Self-Governance,
Bureau of Indian Affairs, Interior.
ACTION: Notice of application deadline.
AGENCY:
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
In this notice, the Office of
Self-Governance (OSG) establishes the
deadline for Indian Tribes/consortia to
submit completed applications to begin
participation in the Tribal selfgovernance program in fiscal year 2022
or calendar year 2022.
DATES: Completed application packages
must be received by the Director, Office
of Self-Governance, by March 1, 2021.
ADDRESSES: Application packages for
inclusion in the applicant pool should
be sent to Sharee M. Freeman, Director,
Office of Self-Governance, Department
of the Interior, Mail Stop 3624–MIB,
1849 C Street NW, Washington, DC
20240.
FOR FURTHER INFORMATION CONTACT: Dr.
Kenneth D. Reinfeld, Office of SelfGovernance, Telephone (202) 821–7107,
kenneth.reinfeld@bia.gov.
SUPPLEMENTARY INFORMATION: Under the
Tribal Self-Governance Act of 1994
(Pub. L. 103–413), as amended by the
Practical Reforms and Other Goals to
Reinforce the Effectiveness of SelfGovernance and Self-Determination Act
of 2019–2020 or the PROGRESS for
Indian Tribes Act (Pub. L. 116–180),
Section 402(b)(1)(A), the Secretary,
acting through the Director of the Office
of Self-Governance, may select not more
than 50 new Indian Tribes per year from
those eligible Tribes. See 25 U.S.C.
5362(b)(1).
The Tribal Self-Governance Act, as
amended by the PROGRESS for Indian
Tribes Act, mandates that copies of the
funding agreements be sent at least 90
days before the proposed effective date
to each Indian Tribe that is served by
the Bureau of Indian Affairs’ agency that
is serving the Tribe that is a party to the
funding agreement. Initial negotiations
with a Tribe/consortium located in a
region and/or agency that has not
previously been involved with selfgovernance negotiations will take
approximately 2 months from start to
finish. Agreements for an October 1 to
September 30 funding year need to be
signed and submitted by July 1.
Agreements for a January 1 to December
31 need to be signed and submitted by
October 1.
SUMMARY:
Eligibility To Participate in SelfGovernance
The Department will be initiating a
negotiated rulemaking to develop
regulations to meet the requirements of
Section 101 of the newly enacted
PROGRESS Act. To be eligible to
participate in self-governance, an Indian
Tribe must:
(1) Successfully complete the
planning phase described in section
402(d) of the Tribal Self-Governance Act
E:\FR\FM\17DEN1.SGM
17DEN1
Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Notices
as amended by the PROGRESS Act [25
U.S.C. 5362(d)];
(2) Request participation in selfgovernance by resolution or other
official action by the Tribal governing
body;
(3) Demonstrate for the 3 fiscal years
preceding the date for which the Tribe
requests participation, financial stability
and financial management capability as
evidenced by the Indian Tribe having no
uncorrected significant and material
audit exceptions in the required annual
audit of its self-determination or selfgovernance agreements with any
Federal Agency.
Planning Phase
An Indian Tribe seeking to begin
participation in self-governance must
complete a planning phase that:
(1) Is conducted to the satisfaction of
the Indian Tribe; and
(2) Includes:
• Legal and budgetary research; and
• Internal Tribal government
planning, training, and organizational
preparation.
Applicants should be guided by the
referenced requirements in preparing
their applications to begin participation
in the Tribal self-governance program in
fiscal year 2022 and calendar year 2022.
Copies of these requirements may be
obtained from the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this notice.
Tribes/consortia wishing to be
considered for participation in the
Tribal self-governance program in fiscal
year 2022 or calendar year 2022 must
respond to this notice, except for those
Tribes/consortia which are either: (1)
Currently involved in negotiations with
the Department; or (2) one of the 134
Tribal entities with signed agreements.
Information Collection
This information collection is
authorized by OMB Control Number
1076–0143, Tribal Self-Governance
Program, which expires December 31,
2022.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2020–27786 Filed 12–16–20; 8:45 am]
BILLING CODE 4337–15–P
OFFICE OF MANAGEMENT AND
BUDGET
Final Revisions to Uniform Freedom of
Information Act Fee Schedule and
Guidelines
AGENCY:
Office of Management and
Budget.
VerDate Sep<11>2014
18:52 Dec 16, 2020
Jkt 253001
ACTION:
Notice of revised guidelines.
The Office of Management
and Budget (OMB) is finalizing
revisions to sections of its Uniform
Freedom of Information Act Fee
Schedule and Guidelines (‘‘Guidelines’’)
last published in 1987. This action is
necessary to conform the Guidelines
with statutory amendments to the
Freedom of Information Act (FOIA) and
to clarify the scope of the Guidelines.
This action is intended to provide
Federal agencies with guidance on the
appropriate and uniform application of
FOIA processing fees.
DATES: These revisions to the Guidelines
are effective December 17, 2020.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, Office of Information and
Regulatory Affairs, OMB, at (202) 395–
1658 or oira_pb_comments@
omb.eop.gov.
SUMMARY:
The
Freedom of Information Reform Act of
1986, Public Law 99–570 (1986),
required OMB to promulgate a uniform
schedule of fees and guidelines,
pursuant to notice and public comment,
for agencies to use when processing
FOIA requests. 5 U.S.C. 552(a)(4)(A)(i).
OMB issued the Uniform Freedom of
Information Act Fee Schedule and
Guidelines, 52 FR 10012 (available at
https://www.justice.gov/sites/default/
files/oip/legacy/2014/07/23/foia_fee_
schedule_1987.pdf) on March 27, 1987.
In the ensuing years, the FOIA has been
amended, notably by the OPEN
Government Act of 2007, Public Law
110–175 (2007), and the FOIA
Improvement Act of 2016, Public Law
114–185 (2016). In response, OMB has
undertaken to revise the Guidelines.
On May 4, 2020, OMB published a
notice in the Federal Register, 85 FR
26499, seeking comments on four
proposed substantive revisions. OMB
also proposed to revise Section 4.
Inquiries, to update contact information
for questions about the Guidelines.
OMB received comments directly and
through Regulations.gov from 13
entities, including both individuals and
organizations. OMB greatly appreciates
the detailed comments it received, and
believes the final guidance, as modified
in response to those comments, has
been significantly improved. A
description of the relevant comments,
and OMB’s responses, follow.
(1) OMB proposes to revise Section 2.
Scope to indicate that the Guidelines do
not address the waiver or reduction of
fees if disclosure is in the public
interest.
Four commenters recommended that
OMB address public interest fee waivers
SUPPLEMENTARY INFORMATION:
PO 00000
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81955
in the Guidelines. OMB finds that
addressing fee waivers is beyond the
allowable scope of this guidance. In
relevant part, the FOIA requires OMB to
promulgate guidelines ‘‘which shall
provide for a uniform schedule of fees
for all agencies.’’ 5 U.S.C.
552(a)(4)(A)(i). As OMB explained in
the preamble to the first publication of
the Guidelines, ‘‘OMB’s role is limited
by the plain wording of the statute to
developing guidelines and a fee
schedule.’’ 52 FR 10016.
The application of the OMB fee
schedule to related fee categories is
distinct from a public interest fee
waiver. A requester’s fee category
concerns the services—search,
duplication, and review—for which that
requester may be assessed fees. See 5
U.S.C. 552(a)(4)(A)(ii). By contrast, a
public interest fee waiver concerns
whether the requester will ultimately be
responsible for paying any such fees.
See 5 U.S.C. 552(a)(4)(A)(iii).
The comments on this proposal
suggested that there is an interrelationship between a requester’s fee
category and whether they are eligible
for a public interest fee waiver, and as
a result, the OMB Guidelines should
also address public interest fee waivers.
Whether or not the two issues involve
a common element, for instance
whether there is a commercial interest
at stake, the fact remains that separate
legal constructs have developed around
each, and other, independent
considerations are necessary to the
analysis of each. To expound on distinct
elements of the public interest fee
waiver would exceed OMB’s mandate,
which is limited to fee categories.
At least one commenter suggested that
it would cause confusion among
requesters and agencies for the
Guidelines to address fee categories but
not public interest fee waivers. OMB
disagrees. Whatever commonalities
there may be, OMB intends these
Guidelines only to advise agencies with
respect to fee categories. The revision to
Section 2 is carefully worded, with
citation to the public interest fee waiver
provision in the FOIA, to specifically
exclude from the scope of the
Guidelines ‘‘the waiver or reduction of
fees if the disclosure of the information
is in the public interest.’’ No commenter
offered a recommendation on a more
effective way to achieve this limitation
on the scope.
OMB emphasizes that, while the
Guidelines do not address public
interest fee waivers, it is not the case
that agencies have no guidance on this
topic. Just as OMB issued the original
Guidelines in response to the Freedom
of Information Reform Act, one
E:\FR\FM\17DEN1.SGM
17DEN1
]]>Agencies
[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Notices]
[Pages 81954-81955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27786]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[212A2100DD/AAKC001030/A0A51010.999900]
Notice of Deadline for Submitting Completed Applications To Begin
Participation in the Tribal Self-Governance Program in Fiscal Year 2022
or Calendar Year 2022
AGENCY: Office of Self-Governance, Bureau of Indian Affairs, Interior.
ACTION: Notice of application deadline.
-----------------------------------------------------------------------
SUMMARY: In this notice, the Office of Self-Governance (OSG)
establishes the deadline for Indian Tribes/consortia to submit
completed applications to begin participation in the Tribal self-
governance program in fiscal year 2022 or calendar year 2022.
DATES: Completed application packages must be received by the Director,
Office of Self-Governance, by March 1, 2021.
ADDRESSES: Application packages for inclusion in the applicant pool
should be sent to Sharee M. Freeman, Director, Office of Self-
Governance, Department of the Interior, Mail Stop 3624-MIB, 1849 C
Street NW, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Dr. Kenneth D. Reinfeld, Office of
Self-Governance, Telephone (202) 821-7107, [email protected].
SUPPLEMENTARY INFORMATION: Under the Tribal Self-Governance Act of 1994
(Pub. L. 103-413), as amended by the Practical Reforms and Other Goals
to Reinforce the Effectiveness of Self-Governance and Self-
Determination Act of 2019-2020 or the PROGRESS for Indian Tribes Act
(Pub. L. 116-180), Section 402(b)(1)(A), the Secretary, acting through
the Director of the Office of Self-Governance, may select not more than
50 new Indian Tribes per year from those eligible Tribes. See 25 U.S.C.
5362(b)(1).
The Tribal Self-Governance Act, as amended by the PROGRESS for
Indian Tribes Act, mandates that copies of the funding agreements be
sent at least 90 days before the proposed effective date to each Indian
Tribe that is served by the Bureau of Indian Affairs' agency that is
serving the Tribe that is a party to the funding agreement. Initial
negotiations with a Tribe/consortium located in a region and/or agency
that has not previously been involved with self-governance negotiations
will take approximately 2 months from start to finish. Agreements for
an October 1 to September 30 funding year need to be signed and
submitted by July 1. Agreements for a January 1 to December 31 need to
be signed and submitted by October 1.
Eligibility To Participate in Self-Governance
The Department will be initiating a negotiated rulemaking to
develop regulations to meet the requirements of Section 101 of the
newly enacted PROGRESS Act. To be eligible to participate in self-
governance, an Indian Tribe must:
(1) Successfully complete the planning phase described in section
402(d) of the Tribal Self-Governance Act
[[Page 81955]]
as amended by the PROGRESS Act [25 U.S.C. 5362(d)];
(2) Request participation in self-governance by resolution or other
official action by the Tribal governing body;
(3) Demonstrate for the 3 fiscal years preceding the date for which
the Tribe requests participation, financial stability and financial
management capability as evidenced by the Indian Tribe having no
uncorrected significant and material audit exceptions in the required
annual audit of its self-determination or self-governance agreements
with any Federal Agency.
Planning Phase
An Indian Tribe seeking to begin participation in self-governance
must complete a planning phase that:
(1) Is conducted to the satisfaction of the Indian Tribe; and
(2) Includes:
Legal and budgetary research; and
Internal Tribal government planning, training, and
organizational preparation.
Applicants should be guided by the referenced requirements in
preparing their applications to begin participation in the Tribal self-
governance program in fiscal year 2022 and calendar year 2022. Copies
of these requirements may be obtained from the person identified in the
FOR FURTHER INFORMATION CONTACT section of this notice.
Tribes/consortia wishing to be considered for participation in the
Tribal self-governance program in fiscal year 2022 or calendar year
2022 must respond to this notice, except for those Tribes/consortia
which are either: (1) Currently involved in negotiations with the
Department; or (2) one of the 134 Tribal entities with signed
agreements.
Information Collection
This information collection is authorized by OMB Control Number
1076-0143, Tribal Self-Governance Program, which expires December 31,
2022.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-27786 Filed 12-16-20; 8:45 am]
BILLING CODE 4337-15-P
