[Federal Register Volume 62, Number 203 (Tuesday, October 21, 1997)]
[Notices]
[Pages 54644-54647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27750]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
List of Programs Eligible for Inclusion in Fiscal Year 1999
Annual Funding Agreements To Be Negotiated With Self-Governance Tribes
by Interior Bureaus Other Than the Bureau of Indian Affairs
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
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SUMMARY: This notice lists programs or portions of programs that are
eligible for inclusion in Fiscal Year 1999 annual funding agreements
with self-governance tribes and lists programmatic targets for each of
the non-BIA bureaus, pursuant to section 405(c)(4) of the Tribal Self-
Governance Act.
DATES: This notice expires on September 30, 1999.
ADDRESSES: Inquiries or comments regarding this notice may be directed
to the Office of Self-Governance, 1849 C Street NW, 2548 MIB,
Washington, DC 20240. Telephone (202) 219-0240 or to the bureau points
of contact listed below.
SUPPLEMENTARY INFORMATION:
I. Background
Title II of the Indian Self-Determination and Education Assistance
Act Amendments of 1994 (P.L. 103-413, the ``Self-Governance Act'' or
the ``Act'') instituted a permanent tribal self-governance program at
the Department of the Interior (DOI). Under the self-governance program
certain programs, functions, services, and activities or portions
thereof in Interior bureaus other than BIA are eligible to be planned,
conducted, consolidated, and administered by a self-governance tribal
government.
Under section 405(c) of the Self-Governance Act, the Secretary of
the Interior is required to publish annually: (1) A list of non-BIA
programs, services, activities, and functions or portions thereof, that
are eligible for inclusion in agreements negotiated under the self-
governance program; and (2) programmatic targets for these bureaus.
Under the Self-Governance Act, two categories of non-BIA programs
are eligible for self-governance funding agreements.
Under section 403(b)(2) of the Act, any non-BIA program, service,
function or activity that is administered by Interior that is
``otherwise available to Indian tribes or Indians,'' can be
administered by a tribal government through a self-governance
agreement. The Department interprets this provision to require only the
inclusion of programs eligible for self-determination contracting under
Title I of the Indian Self-Determination and Education Assistance Act
(P.L. 93-638).
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 Self-Governance Act, annual 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 agreement. While general legal and policy guidance
regarding what constitutes an inherently Federal function exists, we
will determine whether a specific function is inherently Federal on a
case-by-case basis considering the totality of circumstances.
II. Annual Funding Agreements Between Self-Governance Tribes and Non-
BIA Bureaus of the Department of the Interior
During Fiscal Year 1996, one annual funding agreement was
negotiated by the Bureau of Reclamation and the Gila River Indian
Community for work related to a portion of the Central Arizona Project.
This successor annual funding agreement to continue development of an
irrigation system on their reservation as authorized by section 301(a)
of the Colorado River Basin Project Act was begun in Fiscal Year 1997.
Another successor agreement is continuing in Fiscal Year 1998.
In Fiscal Year 1997, two agreements were negotiated by the National
Park Service. The annual funding agreement with Kawerak, Inc.,
supported by funds from the shared Beringian heritage program, builds
on the previous agreement and covers work to be completed in Fiscal
Year 1998. This work will result in a more complete record of the
Bering Strait Region's Inupiat, St. Lawrence Island Yupik and Southern
Norton Sound Yupik culture, history, knowledge and traditions. The self
governance cooperative agreement with Lower Elwha Klallam Tribe enables
the Elwha to carry out selected National Park Service functions,
services and activities under the NPS Elwha River Restoration Program.
III. Eligible Programs of the Department of the Interior non-BIA
Bureaus
Following this paragraph is a listing by bureau of the types of
non-BIA programs, or portions thereof, that may be eligible for self-
governance annual funding agreements because they are either
``otherwise available to Indians'' and not precluded by any other law,
or may have ``special geographic, historical, or cultural
significance'' to a participating tribe. This summary is a general
listing that represents the bureaus' best estimates of activities that
may be available for negotiation at the request of the self-governance
tribe. Since 1996, the Bureau of Mines no longer exists and, therefore,
is not on this list.
The Department will also consider for inclusion in annual funding
agreements other programs or activities not included in this listing,
but which, upon request of a self-governance tribe, the Department
determines to be eligible under either sections 403(b)(3) or 403(c) of
the Act. If you have any questions about these programs or other
programs that you may be interested in, please contact the appropriate
bureau representative.
A. Eligible Programs of the Bureau of Land Management (BLM)
BLM management responsibilities cover a wide range of areas such as
recreational activities, timber, range and minerals management,
wildlife habitat management and watershed restoration. In addition, BLM
is responsible for the survey of certain Federal and tribal lands. Two
programs also provide tribal services: (1) Tribal and allottee minerals
[[Page 54645]]
management; and (2) Survey of tribal and allottee lands. BLM contracts
out some of its activities in the management of public lands. These and
other activities, dependent upon the availability of funds, the need
for specific services, or the self-governance tribe demonstrating a
special geographic, cultural, or historical connection, may be
available for inclusion in agreements. Once a tribe has made initial
contact with BLM, more specific information will be provided by the
respective BLM State office.
Programs Otherwise Available
1. Cadastral Survey. Tribal and allottee cadastral survey services
are already available for contracts under Title I of the Act and may be
available for inclusion in an annual funding agreement.
2. Minerals Management. Inspection and enforcement of Indian oil
and gas operations, inspection, enforcement and production verification
of Indian sand and gravel operations: These activities, already
available for contracts under Title I of the Act, may be available for
inclusion in an annual funding agreement.
Potential tribal connection
1. Cultural Heritage. Cultural heritage activities, such as
research and inventory, may be available in specific States.
2. Forestry Management. Activities, such as environmental studies,
tree planting, thinning and similar work may be available in specific
States.
3. Range Management. Activities such as re-vegetation, noxious weed
control, fencing, and similar activities may be available in specific
States.
4. Riparian Management. Activities such as facilities construction,
erosion control, rehabilitation, and 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, interpretive design and construction, and
similar activities may be available in specific States.
For questions regarding Indian self-governance contact the BLM
Self-Governance Coordinator, Dr. Marilyn Nickels, Washington Office,
1849 C Street NW, Washington, D.C. 20240, (202) 452-0330, fax: (202)
452-7701. General information on all contracts available in a given
year through the BLM can be obtained from the BLM National Business
Center, PO Box 25047, Bldg 50 Denver Federal Center, Denver, CO 80225-
0047.
B. Eligible Programs of the Bureau of Reclamation
Reclamation operates a wide range of water resource management
projects for hydroelectric power generation, municipal and industrial
water supplies, flood control, outdoor recreation, enhancement of fish
and wildlife habitats, and research. Most of Reclamation's activities
involve construction, operation and maintenance, and management of
water resources projects and associated facilities. Components of the
following Fiscal Year 1999 water resource management and construction
projects may be eligible for self-governance annual funding agreements.
1. Wetlands Enhancement Project (Sac and Fox Nation of Oklahoma)--OK
2. Klamath Project--CA, OR
3. Newlands Project--NV, CA
4. Trinity River Restoration Program--CA
5. Central Valley Project (Trinity Division)--CA
6. Central Arizona Project--AZ, CA, NM, UT
7. Colorado River Front Work/Levee System--AZ, CA, NV
8. Lower Colorado Indian Water Management Study--AZ, CA, NV
9. Washoe Project--NV, CA
10. Yuma Area Projects--AZ, CA, NV
11. Wild Horse Dam and Reservoir--NV
12. Indian Water Rights Settlement Projects--as Congressionally
authorized.
For questions regarding self-governance contact Dr. Barbara
McDowell, Native American Affairs Office, Bureau of Reclamation (W-
6100), 1849 C Street NW., Washington, DC 20240-0001, (202) 208-4733,
fax: (202) 208-6688.
C. Eligible Programs of the Fish and Wildlife Service (FWS)
The mission of FWS 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. FWS has a continuing cooperative relationship with a number of
Indian tribes through the National Wildlife Refuge System and the
National Fish Hatcheries program. FWS will discuss participation in any
program with any Indian tribe, self-governance or non-self-governance.
Any tribe may contact a wildlife refuge or fish hatchery about direct
contracting or entering into cooperative agreements.
Some elements of the following programs may be eligible for
contracting under a self-governance annual funding agreement:
1. Fish & Wildlife Technical Assistance, Restoration & Conservation
a. Fish & wildlife population surveys
b. Habitat surveys
c. Sport fish restoration
d. Feeding depredating migratory birds
e. Fish & wildlife program planning
f. Habitat restoration activities
2. Endangered Species Program
a. Cooperative management of conservation programs
b. Development of recovery plans
c. Conducting status surveys for high priority candidate species
d. Recovery plan implementation
3. Education Programs
a. Interpretation
b. Outdoor classrooms
c. Visitor center operations
d. Volunteer coordination efforts on & off-refuge
4. Environmental Contaminants Program
a. Analytical devices
b. Removal of underground storage tanks
c. Specific cleanup activities
d. Natural resource economic analysis
e. Specific field data gathering efforts
5. Hatchery Operations
a. Egg taking
b. Rearing/feeding
c. Disease treatment
d. Tagging
e. Clerical/facility maintenance
6. Wetland & Habitat Conservation and Restoration
a. Construction
b. Planning activities
c. Habitat monitoring and management
7. Conservation Law Enforcement
a. All law enforcement efforts under cross-deputization
8. National Wildlife Refuge Operations & Maintenance
a. Construction
b. Farming
c. Concessions
d. Maintenance
e. Comprehensive management planning
f. Biological program efforts
g. Habitat management
Locations of National Wildlife Refuges in Close Proximity to Self-
Governance Tribes
1. Humboldt Bay National Wildlife Refuge--CA
[[Page 54646]]
2. Kootenai National Wildlife Refuge--ID
3. Agassiz National Wildlife Refuge--MN
4. Rice Lake National Wildlife Refuge--MN
5. Mille Lacs National Wildlife Refuge--MN
6. Pablo National Wildlife Refuge--MT
7. Ninepipe National Wildlife Refuge--MT
8. National Bison Range--MT
9. Sequoyah National Wildlife Refuge--OK
10. Tishomingo National Wildlife Refuge--OK
11. Bandon Marsh National Wildlife Refuge--OR
12. San Juan Islands National Wildlife Refuge--WA
13. Dungeness National Wildlife Refuge--WA
14. Nisqually National Wildlife Refuge--WA
15. Alaska National Wildlife Refuges Statewide--AK
16. Mescalero National Fish Hatchery--NM
17. Alchesay National Fish Hatchery--AZ
18. Quinault National Fish Hatchery--WA
19. Makah National Fish Hatchery--WA
For questions regarding self-governance contact Duncan Brown,
Native American Liaison, Fish and Wildlife Service (MS3012), 1849 C
Street NW, Washington, D.C. 20240-0001, (202) 208-4133, fax: (202) 208-
7407.
D. Eligible Programs of the Minerals Management Service (MMS)
MMS provides responsible stewardship of America's offshore
resources and collects revenues generated from mineral leases on
Federal and Indian lands. MMS is responsible for the management of the
Federal Outer Continental Shelf, which are submerged lands off the
coasts that have significant energy and mineral resources. MMS also
offers mineral-owning tribes other opportunities to become involved in
MMS's Royalty Management Program functions.
Within the Offshore Minerals Management program, environmental
impact assessments and statements, and environmental studies, may be
available if a self-governance tribe demonstrates a special geographic,
cultural, or historical connection.
Generally, royalty management programs are available to tribes
because of their status as Indians. Royalty management programs that
may be available to self-governance tribes are as follows.
1. Audit of Tribal Royalty Payments. Audit activities for tribal
leases including issuing demands, subpoenas and orders to perform
restructured accounting. Excepted activities are the issuance of final
valuation decisions, and other enforcement activities. (For tribes
already participating in MMS delegated audits, this program is offered
as an optional alternative.)
2. Verification of Tribal Royalty Payments. Financial compliance
verification and monitoring activities, production verification, and
appeals research and analysis.
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, correction of erroneous
report data, billing and general ledger.
4. Tribal Royalty Valuation. Preliminary analysis and
recommendations for valuation and allowance determinations and
approvals.
5. Royalty Management of Allottee Leases. Royalty management of
allottee leases including the same activities listed for tribal leases.
6. Online Monitoring of Royalties and Accounts. Online computer
access to reports, payments, and royalty information contained in MMS
accounts. MMS will install equipment at tribal locations, train tribal
staff, and assist tribe in researching and monitoring all payments,
reports, accounts, and historical information regarding their leases.
7. Royalty Internship Program. This is a flexible orientation or
training program for auditors and accountants from mineral producing
tribes. The program is customized for each tribe's needs to acquaint
tribal staff with royalty laws, procedures, and techniques or to
prepare them to assume royalty management functions. This program is
recommended for tribes that are considering a self-governance agreement
but have not yet acquired mineral revenue expertise via a FOGRMA
section 202 contract.
For questions regarding self-governance contact Joan Killgore,
Royalty Liaison Office, Minerals Management Service, 1849 C Street NW,
Room 4241, Washington, D.C. 20240-0001, (202) 208-3512, fax (202) 208-
3982.
E. Eligible Programs of the National Park Service (NPS)
The National Park Service administers the National Park System 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, interpretation of
geology, history, and natural and cultural resources. Some elements of
these programs may be eligible for contracting under a self-governance
annual funding agreement. The list below was developed considering the
geographic proximity to, and/or traditional association of a self-
governance tribe with, units of the National Park system, and the types
of programs that have components that may be suitable for contracting
through a self-governance annual funding agreement.
Otherwise Available On-Going Programs and Activities
Archeological surveys
Comprehensive management planning
Cultural resource management projects ethnographic studies
Erosion control
Fire protection
Hazardous fuel reduction
Housing construction and rehabilitation gathering baseline
Subsistence data--AK janitorial services
Maintenance
Natural resource management projects range assesssment--AK
Reindeer grazing--AK
Road repair
Solid waste collection and disposal
Trail rehabilitation
Components of these programs are potentially eligible for inclusion
in a Self-Governance annual funding agreement. Programs may be
available within units of the National Park System.
Potential Tribal Connection
Special Programs
Beringia Research
Elwha River Restoration
Aspects of these programs may be available if a self-governance
tribe demonstrates a geographical, cultural, or historical connection.
Lake Clark National Park and Preserve--AK
Katmai National Park and Preserve--AK
Glacier BAy National Park and Preserve--AK
Sitka National Historical Park--AK
Kenai Fjords National Park--AK
Wrangell-St. Elias National Park & Preserve--AK
Bering Land Bridge National Park--AK
Northwest Alaska Areas--AK
Gates of the Arctic National Park & Preserve--AK
[[Page 54647]]
Yukon Charlie Rivers National Preserve--AK
Casa Grande Ruins National Monument--AZ
Josha Tree National Park--CA
Lassen Volcanic National Park--CA
Redwoods National Park--CA
Whiskeytown National Recreation Area--CA
Hagerman Fossil Beds National Monument--ID
Sleeping Bear Dunes National Lakeshore--MI
Voyageurs National Park--MI
Grand Portage National Monument--MN
Bear Paw Battlefield, Nez Perce National Historical Park--MT
Glacier National Park--MT
Great Basin National Park--NV
Bandelier National Monument--NM
Hopewell Culture National Historical Park--OK
Chickasaw National Recreation Area--OK
Effigy Mounds National Monument--IA
Olympic National Park--WA
San Juan Islands National Historic Park--WA
Mt. Rainier National Park--WA
Ebey's Landing National Historical Reserve--WA
Aspects of the ongoing programs and activities may be available at
these park units with known geographic, cultural, or historical
connections with a self-governance tribe.
While NPS has tried to indicate the types of programs that may be
available, this is not intended to be an all-inclusive listing. NPS
will also discuss participation in any program with any Indian tribe,
self-governance or non-self-governance.
For questions regarding self-governance contact Dr. Patricia
Parker, American Indian Liaison Office, National Park Service (2205),
1849 C Street NW, Room 3410, Washington, D.C. 20240; telephone (202)
208-5475, fax (202) 273-0870.
F. Eligible Programs of the Office of Surface Mining (OSM)
OSM regulates surface coal mining and reclamation operations, and
reclaims abandoned coal mines, in cooperation with States and Indian
tribes.
1. Abandoned Mine Land Reclamation Program. This program to restore
eligible lands mined and abandoned or left inadequately restored is
available to Indian tribes.
2. Control of the Environmental Impacts of Surface Coal Mining.
This program includes analyses, NEPA documentation, technical reviews,
and studies. Where surface coal mining exists on Indian land, certain
regulatory activities that are not inherently Federal, including, for
example, designation of areas unsuitable for mining, are available to
Indian tribes.
For questions regarding self-governance contact Maria Mitchell,
Office of Surface Mining Reclamation and Enforcement, 1951 Constitution
Ave. NW, (MS-210-SIB), Washington, D.C. 20240, telephone (202) 208-
2847, fax (202) 208-3111.
G. Eligible Programs of the U.S. Geological Survey (USGS)
The mission of the U.S. Geological Survey is to provide information
on biology, geology, hydrology, and cartography that contributes to the
wise management of the nation's natural resources and to the health,
safety, and well-being of the American people. Information 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. Information on
these scientific issues is developed through extensive research, field
studies, and comprehensive data collection to: Evaluate natural hazards
such as earthquakes, volcanoes, landslides, floods, droughts,
subsidence and other ground failures; assess energy, mineral, and water
resources in terms of their quality, quantity, and availability;
evaluate the habitats of animals and plants; and produce geographic,
cartographic, and remotely-sensed information in digital and non-
digital formats. No USGS programs are specifically available to
American Indians or Alaska Natives. Components of programs may have a
special geographic, cultural, or historical connection with a tribe.
1. Mineral, Environmental, and Energy Assessments. Components of
this program that involve geologic research, data acquisition, and
predictive modeling may be available for inclusion in an annual funding
agreement.
2. USGS Earthquake Hazards Reduction Program. Components of this
program involves research, data acquisition, and modeling related to
earthquakes and seismically active areas may be available for inclusion
in an annual funding agreement.
3. Water Resources Data Collection and Investigations. Components
of this program may be available for inclusion in an annual funding
agreement if a self-goverance tribe demonstrates a special geographic,
cultural, or historical connection.
4. Biological Resources Inventory, Monitoring, Research and
Information Transfer Activities. Components of this program may be
available for inclusion in an annual funding agreement if a self-
goverance tribe demonstrates a special geographic, cultural or
historical connection.
For questions regarding self-goverance contact Sue Marcus, American
Indian/Alaska Native Liaison, U.S. Geological Survey, 105 National
Center, Reston, VA 20192, telephone (703) 648-4437, fax (703) 648-5068.
IV. Programmatic Targets
Each of the non-BIA bureaus will attempt to successfully negotiate
at least one annual funding agreement with a self-goverance tribe for
implementation in Fiscal Year 1998.
Dated: October 15, 1997.
Juliette Falkner,
Special Assistant to the Secretary.
[FR Doc. 97-27750 Filed 10-20-97; 8:45 am]
BILLING CODE 4310-10-M