Bureau of Indian Affairs 2009 – Federal Register Recent Federal Regulation Documents
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Notice of Deadline for Submitting Completed Applications To Begin Participation in the Tribal Self-Governance Program in Fiscal Year 2011 or Calendar Year 2011
In this notice, the Office of Self-Governance (OSG) establishes a March 1, 2010, deadline for Indian tribes/consortia to submit completed applications to begin participation in the tribal self-governance program in fiscal year 2011 or calendar year 2011.
Advisory Board for Exceptional Children
In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education (BIE) is announcing the Advisory Board for Exceptional Children will hold its next meeting in Albuquerque, New Mexico. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Act of 2004 (IDEA) on Indian children with disabilities.
Proclaiming Certain Lands Known as the Pecos Pueblo Grant as an Addition to the Reservation for the Pueblo of Jemez, New Mexico
This notice informs the public that the Assistant Secretary- Indian Affairs proclaimed approximately 5.0 acres, more or less, to be added to the Reservation of the Pueblo of Jemez, New Mexico.
Proposed Finding for Federal Acknowledgment of the Shinnecock Indian Nation
The Department of the Interior (Department) gives notice that the Acting Principal Deputy Assistant SecretaryIndian Affairs (PDAS- IA) proposes to determine that the Shinnecock Indian Nation, P.O. Box 5006, Southampton, NY 11969-0751, c/o Messrs. Frederick C. Bess, Randall King, and Gordell Wright, is an Indian Tribe within the meaning of Federal law. This notice is based on a preliminary finding that the petitioner satisfies the seven mandatory criteria for acknowledgment set forth in the applicable regulations, and thus, meets the requirements for a government-to-government relationship with the United States.
No Child Left Behind Act of 2001-Membership of the School Facilities and Construction Negotiated Rulemaking Committee
As required by the No Child Left Behind Act of 2001, and in compliance with procedures set out in the Negotiated Rulemaking Act, the Secretary of the Interior has appointed members of the committee to prepare and submit a report or reports regarding Bureau-funded school facilities. The Secretary chose from nominations submitted by Indian tribes and others whose students attend Bureau-funded schools (operated either by the Bureau, or by a tribe through a contract or grant). To the maximum extent possible, the proportional representation of tribes on the committee reflects the proportionate share of students from tribes served by the Bureau-funded school facilities. In addition, the Secretary considered the balance of representation with regard to geographical location, size, and type of school and facility, as well as the interests of parents, teachers, administrators, and school board members, in selecting tribal committee representatives. Having considered all nominations, the Secretary appoints the persons named in this notice as committee members.
Kalispel Tribe of Indians Tobacco and Liquor Code
This notice publishes an amendment to the Kalispel Tribe of Indians' Tobacco and Liquor Code published in the Federal Register August 1, 1979 (44 FR 45258). The amendment regulates and controls the possession and consumption of liquor within the Tribal lands. The Tribal lands are located in Indian country and this amended Code allows for possession of alcoholic beverages within their boundaries. This Ordinance will increase the ability of the Tribal government to control liquor sales, possession and consumption by the community and its members.
Proclaiming Certain Lands as a Reservation for the Nottawaseppi Huron and of Potawatomi Indians of Michigan
The Bureau of Indian Affairs (BIA) published a document in the Federal Register of November 13, 2007, concerning the Assistant SecretaryIndian Affairs proclaiming approximately 78.26 acres as the Nottawaseppi Huron Band of Potawatomi Indian Reservation. The document contained an error in the legal description.
Tribal Consultation on Draft Revisions to 25 CFR Parts 81 & 82
Notice is hereby given that the Bureau of Indian Affairs (BIA) will conduct consultation meetings with Indian tribes reorganized under the Indian Reorganization Act (IRA) and the Oklahoma Indian Welfare Act, and other interested tribal leaders, to obtain oral and written comments concerning the potential revision of regulations at 25 CFR part 81, Tribal Reorganization under a Federal Statute, and 25 CFR part 82, Petitioning Procedures for Tribes Reorganized Under Federal Statute and Other Organized Tribes.
Advisory Board for Exceptional Children
In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education (BIE) is announcing that the Advisory Board for Exceptional Children will hold its next meeting in Miccosukee, Florida. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Act of 2004 (IDEA) on Indian children with disabilities.
Final Determination Against Federal Acknowledgment of the Little Shell Tribe of Chippewa Indians of Montana
Pursuant to 25 CFR 83.10(l)(2), notice is hereby given that the Department of the Interior (Department) has determined the Little Shell Tribe of Chippewa Indians of Montana, P.O. Box 1384, Great Falls, Montana 59403, is not entitled to be acknowledged as an Indian Tribe within the meaning of Federal law. This notice is based on a determination the petitioner does not satisfy all seven mandatory criteria set forth in 25 CFR 83.7, and thus does not meet the requirements for a government-to-government relationship with the United States.
Tax Credit Bonds for Bureau of Indian Affairs-Funded Schools
The Office of Facilities, Environmental, and Cultural Resources (OFECR) is soliciting applications for allocations of the $400,000,000 in Tax Credit Bonding Authority granted to the Secretary of the Interior (``Secretary'') as a result of the American Reinvestment and Recovery Act (ARRA) of 2009. This bonding authority is for the purpose of the construction, rehabilitation and repair of schools funded by the Bureau of Indian Affairs (BIA). Distribution of the $400,000,000 of tax credit bonds will be in two tranches $200,000,000 in calendar year 2009 and $200,000,000 in calendar year 2010. This Notice also provides related guidance on the following: (1) Eligibility requirements that a project must meet to be considered for an allocation; (2) application requirements, deadlines, and forms for requests for allocations; (3) the method that the Secretary will use to make the allocations; and (4) certain interim guidance in this area.
Renewal of Agency Information Collection for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Courts
The Bureau of Indian Affairs (BIA) is proposing to submit the information collection, titled ``Payment for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Courts, 25 CFR 23.13'' to the Office of Management and Budget for renewal. The information collection is currently authorized by OMB Control Number 1076-0111, which expires February 28, 2010. The information collection requires State courts that appoint counsel for an indigent Indian parent or Indian custodian in an involuntary Indian child custody proceeding to submit certain information to BIA for reimbursement when appointment of counsel is not authorized by State law.
Rate Adjustments for Indian Irrigation Projects
The Bureau of Indian Affairs (BIA) owns or has an interest in irrigation projects located on or associated with various Indian reservations throughout the United States. We are required to establish irrigation assessment rates to recover the costs to administer, operate, maintain, and rehabilitate these projects. We request your comments on the proposed rate adjustments.
Coquille Indian Tribe Liquor Control Ordinance
This notice publishes an amendment to the Tribal Code (Code), Liquor Control, Chapter 200, for the Coquille Indian Tribe Liquor Control Ordinance. The amendment regulates and controls the possession and consumption of liquor within the Tribal lands. The Tribal lands are located in Indian country and this amended Code allows for possession of alcoholic beverages within their boundaries. This Code will increase the ability of the Tribal government to control liquor possession, sale and use in the community.
Indian Gaming
This publishes notice of an Amendment to a Compact between the Nottawaseppi Huron Band of Pottawatomi Indians and the State of Michigan providing for the Conduct of Tribal Class III Gaming by the Nottawaseppi Huron Band of Pottawatomi Indians taking effect.
Indian Gaming
This notice publishes the Approval of the Eighth Amendment to the Tribal/State Compact for Class III Gaming between the Tulalip Tribe of Washington and the State of Washington.
Cherokee Nation Limited Mixed Beverage Sales Act
This notice publishes the legislation passed by the Cherokee Nation amending Cherokee Nation Legislative Act 09-04 that regulates and controls the possession, sale, and consumption of liquor within the tribal lands. The tribal lands are located in Indian country and this enactment allows for possession and sale of alcoholic beverages within their boundaries. This law will increase the ability of the tribal government to control the community's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.
Final Environmental Impact Statement for the Mandan, Hidatsa, Arikara (MHA) Nation's Proposed Clean Fuels Refinery, Fort Berthold Indian Reservation, Ward County, ND
On August 28, 2009, the Bureau of Indian Affairs (BIA) and the U.S. Environmental Protection Agency (EPA) as co-lead agencies; and the Mandan, Hidatsa and Arikara (MHA) Nation and the U.S. Army Corps of Engineers as cooperating agencies, published a Notice of Availability for a Final Environmental Impact Statement (FEIS) for the proposed Clean Fuels Refinery (74 FR 44380). This notice announces an extension of the public comment period until October 28, 2009.
Information Collection for Energy and Mineral Development Program Grants; Comment Request
As required by the Paperwork Reduction Act, the Office of Indian Energy and Economic Development (IEED), in the Office of the Assistant SecretaryIndian Affairs, is seeking comments on a proposed information collection related to grants provided under the Energy and Mineral Development Program (EMDP). Indian tribes whose lands are held in trust or restricted status may be considered for grants for energy and mineral development projects under the EMDP if they provide certain information as part of an application. Once an application is accepted, the Indian tribe must then submit reports regarding the progress of their project. This notice requests comments on the information collection associated with the application and progress reports.
Proposed Renewal of Agency Information Collection for Indian Self-Determination and Education Assistance Contracts
The Bureau of Indian Affairs (BIA) and Indian Health Service (IHS) are proposing to submit the information collection, titled ``Indian Self-Determination and Education Assistance Act Programs, 25 CFR 900'' to the Office of Management and Budget for renewal. The current approval, designated by OMB Control Number 1076-0136, expires on February 28, 2010. The information is collected to process contracts, grants, or cooperative agreements for award by the BIA and the IHS, as authorized by the Indian Self-Determination and Education Assistance Act. The Department of the Interior and the Department of Health and Human Services invite you to submit comments on the proposed renewal, as described below.
Water Delivery and Electric Service Data for the Operation of Irrigation and Power Projects and Systems: Proposed Information Collection
As required by the Paperwork Reduction Act, the Bureau of Indian Affairs (BIA) is submitting the following information collections to the Office of Management and Budget for renewal: (1) Electrical Service Application, 25 CFR 175, OMB Control Number 1076- 0021; and (2) Water Request, 25 CFR 171, OMB Control Number 1076-0141. Current approvals for the collections expire August 31, 2009.
Final Environmental Impact Statement for the Mandan, Hidatsa, Arikara (MHA) Nation's Proposed Clean Fuels Refinery, Fort Berthold Indian Reservation, Ward County, ND
This notice advises the public that the Department of Interior, Bureau of Indian Affairs (BIA) and the U.S. Environmental Protection Agency (EPA) as co-lead agencies; and the Mandan, Hidatsa and Arikara (MHA) Nation and the U.S. Army Corps of Engineers as cooperating agencies, intend to file a Final Environmental Impact Statement (FEIS) with the EPA for the proposed Clean Fuels Refinery, and that the FEIS is now available for public review. The proposed Federal actions are: (1) The taking into trust of 469 acres of fee land by the BIA in support of the MHA Nation's proposal to construct and operate a clean fuels refinery and produce buffalo forage; and (2) the issuance by the EPA of a Clean Water Act, National Pollutant Discharge Elimination System Discharge (NPDES) permit for the discharge of treated wastewater from the proposed refinery.
Proclaiming Certain Lands as a Reservation for the Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan, aka, Gun Lake Tribe
The Bureau of Indian Affairs (BIA) published a document in the Federal Register of August 18, 2009, concerning the Assistant Secretary-Indian Affairs proclaiming approximately 147 acres as the Match-e-be-nash-she-wish Band of Pottawatomi Indian Reservation. The document contained an error in the legal description.
Environmental Impact Statement for the Spokane Tribe's 2719(b)(1)(A) Application and for the Proposed West Plains Mixed-Use Development Project, Spokane County, WA
The Bureau of Indian Affairs (BIA) published a document in the Federal Register of August 19, 2009, advising the public that the BIA as Lead Agency, in cooperation with the Spokane Tribe of Indians (Tribe), intends to prepare an environmental impact statement (EIS) for a proposed mixed-use development and corresponding master plan for a 145-acre parcel of trust land adjacent to the City of Airway Heights, Spokane County, Washington. The DATES section of that notice contained incorrect dates; therefore, this notice republishes the content of the notice of August 19, 2009 with corrected dates.
Renewal of Information Collection for Tribal Self-Governance Program
The Bureau of Indian Affairs (BIA) is submitting a request to renew the information collection entitled ``Tribal Self-Governance Program, 25 CFR 1000'' to OMB, as required by the Paperwork Reduction Act. This information collection is currently authorized by OMB Control Number 1076-0143. Respondents include potential and existing Self- Governance Indian tribes. The information collected will be used to establish requirements for entry into the pool of qualified applicants for Self-Governance and to meet reporting requirements of the Tribal Self-Governance Act.
Proposed Finding Against Acknowledgment of the Brothertown Indian Nation
The Department of the Interior (Department) gives notice that the Acting Principal Deputy Assistant SecretaryIndian Affairs (PDAS- IA) proposes to determine that the petitioner known as the Brothertown Indian Nation is not an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioner does not satisfy all seven of the criteria set forth in the applicable regulations, and, therefore, does not meet the requirements for a government- to-government relationship with the United States.
Indian Gaming
This notice publishes approval of the 2009 Amendments to the Stockbridge-Munsee Community (``Tribe'') and the State of Wisconsin Gaming Compact of 1992, as Amended in 1998 and 2003.
Indian Gaming
This notice publishes an approval of the Gaming Compact between the Standing Rock Sioux Tribe and the State of South Dakota (including 2001 and 2009 Amendments).
Environmental Impact Statement for the Spokane Tribe's 2719(b)(1)(A) Application and for the Proposed West Plains Mixed-Use Development Project, Spokane County, WA
This notice advises the public that the Bureau of Indian Affairs (BIA) as Lead Agency, in cooperation with the Spokane Tribe of Indians (Tribe), intends to prepare an environmental impact statement (EIS) for a proposed mixed-use development and corresponding master plan for a 145-acre parcel of trust land adjacent to the City of Airway Heights, Spokane County, Washington. The project site may include, but is not limited to, a variety of proposed land uses such as a casino resort and hotel; commercial retail uses; offices; medical facilities; recreational, cultural, and entertainment facilities; and related parking. The purpose of the proposed action is to improve the economy of the Tribe and help their members attain economic self sufficiency. This notice also announces a public scoping meeting to identify potential issues and content for inclusion in the EIS.
Proclaiming Certain Lands as Reservation for the Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan, aka, Gun Lake Tribe
This notice informs the public that the Assistant Secretary Indian Affairs proclaimed approximately 147 acres, more or less, as the Match-e-be-nash-she-wish Band of Pottawatomi Indian Reservation.
Job Placement and Training
This final rule consolidates requirements governing the Employment Assistance Program and the Adult Vocational Training Program. These programs assist eligible Indian people to obtain job skills and to obtain and retain permanent employment. Combining these regulations is consistent with changes to the Department's budget, which has combined these two regulations into one line item.
Advisory Board for Exceptional Children
In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education (BIE) is announcing that the Advisory Board for Exceptional Children will hold its next meeting in San Diego, California. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Act of 2004 (IDEA) on Indian children with disabilities.
Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs
This notice publishes the current list of 564 tribal entities recognized and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian tribes. The list is updated from the notice published on April 4, 2008 (73 FR 18553).
Rate Adjustment for Indian Irrigation Project
The Bureau of Indian Affairs (BIA) owns and operates the San Carlos Irrigation ProjectJoint Works (SCIP-JW) located with the project office in Coolidge, Arizona. We are required to establish irrigation assessment rates to recover the costs to administer, operate, maintain, and rehabilitate this project. We are notifying you that we have adjusted the irrigation assessment rate at the SCIP-JW to reflect current costs of administration, operation, maintenance, and rehabilitation.
Class III Gaming; Tribal Revenue Allocation Plans; Gaming on Trust Lands
In compliance with the Paperwork Reduction Act, the Bureau of Indian Affairs (BIA) is submitting the following information collections to the Office of Management and Budget (OMB) for renewal: Class III Gaming Procedures 25 CFR 291, 1076-0149; Tribal Revenue Allocation Plans 25 CFR 290, 1076-0152; and Gaming On Trust Lands Acquired After October 17, 1988, 25 CFR 292, 1076-0158. The current approvals for the first two collections (1076-1049 and 1076-0152) expire August 31, 2009 and the current approval for the third collection (1076-0158) expires February 28, 2010. Renewal will allow us to continue to collect the information necessary to comply with the Indian Gaming Regulatory Act (IGRA).
Kaw Nation Alcohol Control Ordinance
This notice publishes the Kaw Nation Alcohol Control Ordinance. The Ordinance regulates and controls the possession, sale, and consumption of liquor within the tribal lands. The tribal lands are located in Indian country and this Ordinance allows for possession and sale of alcoholic beverages within their boundaries. This Ordinance will increase the ability of the tribal government to control the community's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.
Restoration of Wilton Rancheria
This notice is published pursuant to a court order and relates to restoration of the Wilton Miwok Rancheria, its members, and Dorothy Andrews, and the Me-Wuk Indian Community of the Wilton Rancheria. See the SUPPLEMENTARY INFORMATION section of this notice for details.
Draft Environmental Impact Statement for the Soboba Band of Luiseño Indians' Proposed 534-Acre Trust Acquisition and Casino Project, Riverside County, California
This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the Soboba Band of Luise[ntilde]o Indians (Tribe), City of San Jacinto and U.S. Environmental Protection Agency (EPA) as cooperating agencies, intends to file a Draft Environmental Impact Statement (DEIS) with the EPA for the Tribe's proposed 534.91 acre trust acquisition and subsequent construction of a hotel/casino project to be located within the City of San Jacinto, Riverside County, California, and that the DEIS is now available for public review and comment. This notice provides a 75-day public comment period and thereby grants a 30-day extension to the normal 45-day public comment period.
Submission of Information Collection to the Office of Management and Budget for Review Under the Paperwork Reduction Act
In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Bureau of Indian Affairs is submitting an information collection request to the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs for clearance and extension. The information collection, Tribal Reassumption of Jurisdiction over Child Custody Proceedings, is cleared under OMB Control Number 1076-0112 through June 30, 2009. We may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
Tribal Colleges and Universities Grants and Annual Reports
As required by the Paperwork Reduction Act, the Bureau of Indian Affairs (BIA) is submitting the following information collections to the Office of Management and Budget for renewal: (1) Tribal Colleges and Universities Annual Report Form, 25 CFR 41.9, OMB Control No. 1076-0105; and (2) Tribal Colleges and Universities Grant Application Form, 25 CFR 41.8, OMB Control No. 1076-0018.
Indian Gaming
This notice publishes approval of the 2009 Amendments to the Lac du Flambeau Band of Lake Superior Chippewa Indians (``Tribe'') and the State of Wisconsin Gaming Compact of 1991.
American Indian/Alaska Native Population and Labor Force Estimate Report
The Bureau of Indian Affairs (BIA) is submitting the information collection on the American Indian/Alaska Native Population and Labor Force Estimate Report for review and reinstatement as required by the Paperwork Reduction Act. The OMB Control Number is 1076-0147. This collection expired while we were revising the report to be more accurate.
Plan for the Use and Distribution of Judgment Funds Awarded to the Pueblo of San Ildefonso in Docket 660-87L
Notice is hereby given that the plan for the use and distribution of the judgment funds awarded to the Pueblo of San Ildefonso v. U.S., Docket 660-87L, is effective as of March 10, 2009. The judgment fund was awarded by the United States Court of Federal Claims on June 10, 1991, and appropriated on August 14, 1991.
Privacy Act of 1974, as Amended; Amendment of an Existing System of Records
Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Department of the Interior (Department) is issuing a public notice of its intent to amend an existing Privacy Act system of records notice, entitled, Interior, BIA-2 ``Safety Management Information System.'' One of the revisions is to change the name of the system to BIA-2, ``Safety Records System (SRS).'' The amendments will also update the existing notice and include a new group of information which will be collected as a result of new policy. The new information is a result of documentation required to issue a Motor Vehicle Operation Authorization Card. Other changes to Interior BIA-2 include updating data in the following fields: System Locations, Categories of Individuals Covered by the System, Categories of Records in the System, Routine Uses of Records Maintained in the System, Categories of Users and the Purposes of Such Uses, System Manager, and Retention and Disposal.
Notice of Availability of the Draft Environmental Impact Statement for the Proposed Fee-to-Trust Conveyance of Property for the Cayuga Indian Nation of New York, Cayuga and Seneca Counties, NY
This notice advises the public that the Bureau of Indian Affairs (BIA), as the lead agency, with the Cayuga Indian Nation of New York (Nation) as a cooperating agency, intends to file a draft Environmental Impact Statement (DEIS) with the U.S. Environmental Protection Agency for the proposed acquisition into trust status of 125 acres of land that is currently held in fee status by the Nation and that the DEIS is now available for public review. The purpose of the proposed action is to create a Tribal land base and to help meet the Nation's socio-economic needs. This notice also announces a public hearing for receiving comments on the DEIS analysis.
Collection of Water Delivery and Electric Service Data for the Operation of Irrigation and Power Projects and Systems: Comment Request
As required by the Paperwork Reduction Act, the Bureau of Indian Affairs (BIA) is seeking comments on two information collections that need renewal under the Paperwork Reduction Act. They are the Electrical Service Application, OMB Control Number 1076-0021, required by 25 CFR 175, and Water Request, OMB Control Number 1076-0141, required by 25 CFR 171.
Indian Reservation Roads
The Bureau of Indian Affairs (BIA) is submitting the information collection for the Indian Reservation Roads (IRR) Program, OMB Control No. 1076-0161, to the Office of Management and Budget for renewal. The current approval period is approaching expiration; this renewal will allow us to continue to operate the IRR program. This renewal is necessary for tribal participation in the IRR Program and for the allocation of funding for the IRR Program to federally recognized tribal governments for transportation assistance.
Rate Adjustment for Indian Irrigation Project
The Bureau of Indian Affairs (BIA) owns and operates the San Carlos Irrigation ProjectJoint Works (SCIP-JW) located with the project office in Coolidge, Arizona. We are required to establish irrigation assessment rates to recover the costs to administer, operate, maintain, and rehabilitate these projects. We request your comments on the proposed rate adjustment for this project for 2011. This proposed rate has been be published separately from the annual rate notice for all BIA's irrigation projects because of the BIA's implementation efforts related to the Arizona Water Settlements Act and this project.
Indian Child Welfare Act; Receipt of Designated Tribal Agents for Service of Notice
The regulations implementing the Indian Child Welfare Act provide that Indian Tribes may designate an agent other than the Tribal chairman for service of notice proceedings under the Act. This notice includes the current list of designated Tribal agents for service of notice, and includes each designated Tribal agent received by the Secretary of the Interior prior to the date of this publication.
Rate Adjustments for Indian Irrigation Projects
The Bureau of Indian Affairs (BIA) owns, or has an interest in, irrigation projects located on or associated with various Indian reservations throughout the United States. We are required to establish irrigation assessment rates to recover the costs to administer, operate, maintain, and rehabilitate these projects. We are notifying you that we have adjusted the irrigation assessment rates at several of our irrigation projects and facilities to reflect current costs of administration, operation, maintenance, and rehabilitation.
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