[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Proposed Rules]
[Pages 3623-3624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1886]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of the Secretary

25 CFR Chapter VI


Notice of Deadline for Submitting Completed Applications To Begin 
Participation in the Tribal Self-Governance Program in Fiscal Year 1997 
or Calendar Year 1997

AGENCY: Office of Self-Governance, Office of the Secretary, Interior.

ACTION: Notice of application deadline.

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

SUMMARY: In this notice, the Office of Self-Governance (OSG) 
establishes the deadline for tribes/consortia to submit completed 
applications to begin participation in the tribal self-governance 
program in fiscal year 1997 or calendar year 1997.

DATES: Tribes/consortia wishing to be considered for participation in 
the tribal self-governance program in fiscal year 1997 or calendar year 
1997 must respond to this notice, except for those which are (1) 
currently involved with negotiations with the Department; (2) one of 
the 54 tribal entities with signed agreements; or (3) one of the tribal 
entities already included in the applicant pool as of the date of this 
notice. Completed application packages must be received by the 
Director, Office of Self-Governance by April 29, 1996.

ADDRESSES: Application packages for inclusion in the applicant pool 
should be sent to the Director, Office of Self-Governance, U.S. 
Department of the Interior, Mail Stop 2548, 1849 C Street NW, 
Washington DC 20240.

FOR FURTHER INFORMATION CONTACT:
Dr. Kenneth D. Reinfeld, U.S. Department of the Interior, Office of 
Self-Governance, 1849 C Street NW, Mail Stop 2548, Washington DC 20240, 
202-219-0240.

SUPPLEMENTARY INFORMATION: Under the Tribal Self-Governance Act of 
1994, the Director, Office of Self-Governance may select up to 20 
additional participating tribes/consortia per year for the tribal self-
governance program, and negotiate and enter into an annual written 
funding agreement with each participating tribe. The Act mandates that 
the Secretary submit copies of the funding agreements at least 90 days 
before the proposed effective date to the appropriate committees of the 
Congress and to each tribe that is served by the Bureau of Indian 
Affairs (BIA) agency that is serving the tribe that is a party to the 
funding agreement. Initial negotiations with a tribe/consortium located 
in an area and/or agency which has not previously been involved with 
self-governance negotiations, will take approximately two months from 
start to finish. Since agreements for an October 1 to September 30 
fiscal year need to be signed and submitted by July 1, new 
participating tribes would need to be selected by May 3 to allow 
sufficient time for negotiations.

Background

    The tribal self-governance program is designed to promote self 
determination by allowing tribes to assume more control through 
negotiated agreements of programs operated by the Department of the 
Interior. The new law allows for negotiations to be conducted for 
programs operated by BIA and for programs operated by other bureaus and 
offices within the Department that are available to Indians or when 
there is an 

[[Page 3624]]
historical, cultural, or geographic connection to an Indian tribe.
    The Tribal Self-Governance Act of 1994 requires the Secretary, upon 
request of a majority of self-governance tribes, to initiate procedures 
under the Negotiated Rulemaking Act, 5 U.S.C. 561 et seq., to negotiate 
and promulgate regulations necessary to carry out the tribal self-
governance program. The Act calls for a negotiated rulemaking committee 
to be established pursuant to 5 U.S.C. 565 comprised of Federal and 
tribal representatives, with a majority of the tribal representatives 
representing self-governance tribes. The Act also authorizes the 
Secretary to adapt negotiated rulemaking procedures to the unique 
context of self-governance and the government-to-government 
relationship between the United States and the Indian tribes. On 
November 1, 1994, a majority of self-governance tribes wrote the 
Secretary requesting the immediate initiation of negotiated rulemaking. 
On February 15, 1995, the self-governance negotiated rulemaking 
committee was established.
    On the same date, an interim rule was published in the Federal 
Register announcing the criteria for tribes to be included in an 
applicant pool and the establishment of the selection process for 
tribes/consortia to negotiate agreements pursuant to the Tribal Self-
Governance Act of 1994. This interim rule was added to Title 25 of the 
Code of Federal Regulations at Part 1001 of Chapter VI. While it may be 
changed by later rulemaking, the Act stipulates that the lack of 
promulgated regulations will not limit its effect. The interim rule 
allowed an additional 20 new tribes/consortia to negotiate compacts and 
annual funding agreements for fiscal year 1996 and calendar year 1996 
as authorized by the Act. To date, a total of 54 compacts and annual 
funding agreements have been negotiated.

Purpose of Notice

    This notice is intended to allow up to 20 new tribes/consortia to 
be selected to negotiate compacts and annual funding agreements in 
fiscal year 1997 and calendar year 1997. The interim rules established 
at 25 CFR 1001.1 to 1001.5 will be used to govern the application and 
selection process for tribes/consortia to begin their participation in 
the tribal self-governance program in fiscal year 1997 and calendar 
year 1997. Applicants should be guided by the requirements in 25 CFR 
1001.1 to 1001.5 in preparing their applications. Copies of the interim 
rules published in the Federal Register on February 15, 1995, may be 
obtained from the information contact person identified in this notice.
    The Director's decision on the actual number of tribes that will 
enter negotiations will be made at a later date. Tribes already in the 
applicant pool will retain their existing ranking with tribes entering 
the applicant pool under these rules receiving a lower ranking. Being 
in the applicant pool will not guarantee that a tribe will actually be 
provided the opportunity to negotiate in any given year. However, it 
does mean that a tribe will not be passed over by a tribe with a lower 
ranking in the applicant pool or by a tribe not in the applicant pool, 
with the exception of a tribe already in the negotiation process.
    For example, if the Department determines that 20 tribes will be 
afforded the opportunity to negotiate self-governance agreements in 
1997, the tribes with the highest 20 rankings would be notified and 
negotiations would be scheduled. The tribe ranked 21 on the list would 
then have the highest ranking to negotiate a self-governance agreement 
in 1998 or might enter negotiations in 1997 if one of the first 20 
tribes discontinued negotiations. In such a case, the tribe that 
discontinued negotiations would remain in the applicant pool with its 
original ranking and would be the first to be selected in 1997 for 
negotiating agreements commencing in 1998.

    Dated: January 26, 1996.
William A. Sinclair,
Director, Office of Self-Governance.
[FR Doc. 96-1886 Filed 1-31-96; 8:45 am]
BILLING CODE 4310-02-M