[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Notices]
[Page 66195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31961]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Notice of Deadline for Submitting Completed Applications to Begin 
Participation in the Tribal Self-Governance Program in Fiscal Year 2000 
or Calendar Year 2000

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

ACTION: Notice of application deadline.

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SUMMARY: In this notice, the Office of Self-Governance (OSG) 
establishes a March 1, 1999, deadline for tribes/consortia to submit 
completed applications to begin participation in the tribal self-
governance program in fiscal year 2000 or calendar year 2000.

DATES: Completed application packages must be received by the Director, 
Office of Self-Governance by March 1, 1999.

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 
(Pub. L. 103-413), as amended by the Fiscal Year 1997 Omnibus 
Appropriations Bill (Pub. L. 104-208), the Director, Office of Self-
Governance may select up to 50 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. 
Agreements for an October 1 to September 30, fiscal year need to be 
signed and submitted by July 1. Agreements for a January 1 to December 
31 fiscal year need to be signed and submitted by October 1.

Background

    On February 15, 1995, 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. It should be noted 
that a proposed rulemaking was negotiated between tribal and Federal 
members of a self-governance negotiated rulemaking committee and 
published in the Federal Register on February 12, 1998, for review and 
comment. Comments on the proposed rulemaking have been received. Final 
rules are being negotiated by the self-governance negotiated rulemaking 
committee and are not expected to be promulgated before spring 1999.

Purpose of Notice

    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 2000 and calendar year 2000. 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.
    Tribes/consortia wishing to be considered for participation in the 
tribal self-governance program in fiscal year 2000 or calendar year 
2000 must respond to this notice, except for those which are (1) 
currently involved with negotiations with the Department; (2) one of 
the 66 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.
    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 five tribes will be 
afforded the opportunity to negotiate self-governance agreements for 
fiscal year 2000 and calendar year 2000, the five tribes with the 
highest rankings would be notified and negotiations would be scheduled. 
The tribe ranked sixth on the list would then have the highest ranking 
to negotiate a self-governance agreement for 2001 or might enter 
negotiations for 2000 if one of the first five 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 2000 for negotiating agreements 
commencing in 2001.

    Dated: November 25, 1998.
William A. Sinclair,
Director, Office of Self-Governance.
[FR Doc. 98-31961 Filed 11-30-98; 8:45 am]
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