[Federal Register Volume 64, Number 44 (Monday, March 8, 1999)]
[Notices]
[Pages 11032-11035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5556]



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DEPARTMENT OF THE INTERIOR

Office of the Secretary


List of Programs Eligible for Inclusion in Fiscal Year 2000 
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 2000 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, 2000.

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 authorize the inclusion of not only 
programs eligible for self-determination contracting under Title I of 
the Indian Self-Determination and Education Assistance Act (P.L. 93-
638), but also other programs that the Department determines are 
appropriate and available under other laws for contracting out or 
including in cooperative agreements.
    Section 403(b)(2) also specifies that ``nothing in this subsection 
may be construed to provide any tribe with a preference with respect to 
the opportunity of the tribe to administer programs, services, 
functions and activities, or portions thereof, unless such preference 
is otherwise provided for by law.'' 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.
    The Department received two comments on the proposed list of Non-
BIA programs. In general, the commentors thought the list could be 
clearer and that programmatic targets were too low. In response to 
these commenters, the Department has adopted the following suggested 
language. In part ``III. Eligible Programs.'' the following language 
will be added.
    Tribes may also want to refer to the Secretary's January, 1995 
Report to Congress for a list of potential programs and portions of 
programs.
    In addition the following language will be added to the last 
paragraph in part III:
    Tribes with an interest in such potential agreements are encouraged 
to begin discussions with the appropriate non-BIA bureau.
    Based upon the concern that programmatic targets are too low, the 
following language will be added to the preamble ``Section IV. 
Programmatic Targets.''
    During Fiscal Year 2000, Each non-BIA bureau will negotiate Self 
Governance annual funding agreements for its eligible programs beyond 
those already negotiated.
    The following language will be deleted from Section ``IV. 
Programmatic Targets.''
    Each of the non-BIA bureaus will negotiate at least one annual 
funding agreement with a self-governance tribe for implementation in 
Fiscal Year 2000.

II. Annual Funding Agreements Between Self-Governance Tribes and 
Non-BIA Bureaus of the Department of the Interior

    In Fiscal Year 1996, an initial funding agreement was negotiated 
between the Bureau of Reclamation and the Gila River Indian Community 
to design and construct the community distribution system on 
reservation lands as authorized by Section 301(a) of the Colorado River 
Basin Act. Successor annual funding agreements for the continuation of 
this project were entered into for Fiscal Year 1997 and Fiscal Year 
1998.
    In Fiscal Year 1998, 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 two agreements and covers work to be completed in 
Fiscal Year 1999. 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 tradition.

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.
    The following list represents the most current information on 
programs potentially available to Tribes under a Self-Governance 
agreement. However, Tribes may also want to refer to the Secretary's 
January, 1995 Report to Congress, which also contains a list of

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potential programs and portions of programs.
    The Department will also consider for inclusion in annual funding 
agreements other programs or activities not included in the following 
list, but which, upon request of a self-governance tribe, the 
Department determines to be eligible under either sections 403(b)(2) or 
403(c) of the Act. Tribes with an interest in such potential agreements 
are encouraged to begin discussions with the appropriate non-BIA 
bureau.

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 provide tribal services: (1) Tribal and allottee minerals 
management; and (2) Survey of tribal and allottee lands. BLM contracts 
out some its activities in the management of public lands. These and 
other activities, dependent upon 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.
Tribal Services
    1. Cadastral Survey. Tribal and allottee cadastral survey services 
are already available for contracts under Title I of the Act and 
therefore 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 coal and sand and gravel operations: these activities are 
already available for contracts under Title I of the Act and therefore 
may be available for inclusion in an annual funding agreement.
Other Activities
    1. Cultural Heritage. Cultural heritage activities, such and 
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.
    The above programs under ``Other Activities'' are available in many 
states for competitive contracting. However, if they are of special 
geographic, historical or cultural significance to a participating 
Self-Governance tribe, they may be available for annual funding 
agreements. Tribes may also discuss additional BLM-funded activities 
with the relevant State office.
    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, P.O. 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, operations and maintenance, and management of 
water resources projects and associated facilities. Components of the 
following FY99 water resource management and construction projects may 
be eligible for self-governance agreements.

1. Klamath Project--CA, OR
2. Newlands Project--NV, CA
3. Yakima River Basin Water Enhancement Program, WA
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. Middle Rio Grande Project--NM
10. Washoe Project--NV, CA
11. Yuma Area Projects--AZ, CA, NV
12. Indian Water Rights Settlement Projects--as Congressionally 
authorized.

    Reclamation's initial point of contact for questions regarding 
Self-Governance is Dr. Barbara McDowell, Native American Affairs 
Office, Bureau of Reclamation (W-6100), 1849 C Street NW, Washington, 
D.C. 20240-0001, telephone (202) 208-4733.

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 throughout the National Wildlife Refuge System and the 
Service's fish hatcheries.
    FWS will also discuss participation in any program with any Indian 
tribe, self-governance or non-self-governance. Any self-governance 
tribe, however, may contact a national wildlife refuge or national fish 
hatchery directly concerning participation in Service programs under 
the Self-Governance Act.
    Some elements of the following programs may be eligible for 
contracting under a self-governance annual funding agreement. The 
listing below was developed considering the proximity of an identified 
self-governance tribe to a national wildlife refuge or national fish 
hatchery, and the types of programs that have components that may be 
suitable for contracting through a self-governance annual funding 
agreement. This listing is not all-inclusive but is representative of 
the types of programs which may be eligible for tribal participation 
through an annual funding agreement.

1. Subsistence Programs within Alaska.
2. Fish & Wildlife Technical Assistance, Restoration & Conservation
    a. Fish & wildlife population surveys
    b. Habitat surveys
    c. Sport fish restoration
    d. Capture of depredating migratory birds
    e. Fish & wildlife program planning
    f. Habitat restoration activities
3. Endangered Species Program
    a. Cooperative management of conservation programs
    b. Development and implementation of recovery plans
    c. Conducting status surveys for high priority candidate species

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    d. Participation in the development of habitat conservation plans, 
as appropriate
4. Education Programs
    a. Interpretation
    b. Outdoor classrooms
    c. Visitor center operations
    d. Volunteer coordination efforts on-and off-refuge
5. 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
6. Hatchery Operations
    a. Egg taking
    b. Rearing/feeding
    c. Disease treatment
    d. Tagging
    e. Clerical/facility maintenance
7. Wetland & Habitat Conservation and Restoration
    a. Construction
    b. Planning activities
    c. Habitat monitoring and management
8. Conservation Law Enforcement
    a. All law enforcement efforts under cross-deputization
9. National Wildlife Refuge Operations & Maintenance
    a. Construction
    b. Farming
    c. Concessions
    d. Maintenance
    e. Comprehensive management planning
    f. Biological program efforts
    g. Habitat management
    h. Fire Management
Locations of Wildlife Refuges With Close Proximity to Indian Tribes
1. Humboldt Bay National Wildlife Refuge--CA
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--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. These programs address the 
intent of Indian self-governance but are available regardless of self-
governance intentions or status and are a good prerequisite for 
assuming other technical 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, except for the issuance of orders, 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, 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
    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. A new orientation and training 
program for auditors and accountants from mineral producing tribes to 
acquaint tribal staff with royalty laws, procedures, and techniques. 
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 following list 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.
    1. Programs otherwise available (ongoing programs and activities). 
Components of the programs on the following list are potentially 
eligible for inclusion in a self-governance annual funding agreement. 
Programs may be available within units of the National Park System.

a. Archeological surveys
b. Comprehensive management planning
c. Cultural resource management projects
d. Ethnographic studies
e. Erosion control
f. Fire protection
g. Hazardous fuel reduction
h. Housing construction and rehabilitation
i. Gathering baseline subsistence data--AK
j. Janitorial services

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k. Maintenance
l. Natural resource management projects
m. Range assessment--AK
n. Reindeer grazing--AK
o. Road repair
p. Solid waste collection and disposal
q. Trail rehabilitation

    2. Programs having a potential tribal connection (special 
programs). Aspects of these programs may be available if a self-
governance tribe demonstrates a geographical, cultural, or historical 
connection.

a. Beringia Research
b. Elwha River Restoration

    3. Locations of Programs. Aspects of the ongoing programs and 
activities may be available at the park units with known geographic, 
cultural, or historical connections with a self-governance tribe.

a. Lake Clark National Park and Preserve--AK
b. Katmai National Park and Preserve--AK
c. Glacier Bay National Park and Preserve--AK
d. Sitka National Historical Park--AK
e. Kenai Fjords National Park--AK
f. Wrangell-St. Elias National Park & Preserve--AK
g. Bering Land Bridge National Park--AK
h. Northwest Alaska Areas--AK
i. Gates of the Arctic National Park & Preserve--AK
j. Yukon Charlie Rivers National Preserve--AK
k. Casa Grande Ruins National Monument--AZ
l. Joshua Tree National Park--CA
m. Redwoods National Park--CA
n. Whiskeytown National Recreation Area--CA
o. Hagerman Fossil Beds National Monument--ID
p. Sleeping Bear Dunes National Lakeshore--MI
q. Voyageurs National Park--MI
r. Grand Portage National Monument--MN
s. Bear Paw Battlefield, Nez Perce National Historical Park--MT
t. Glacier National Park--MT
u. Great Basin National Park--NV
v. Bandelier National Monument--NM
w. Hopewell Culture National Historical Park--OK
x. Chickasaw National Recreation Area--OK
y. Effigy Mounds National Monument--IA
z. Olympic National Park--WA
a-1. San Juan Islands National Historic Park--WA
b-1. Mt. Rainier National Park--WA
c-1. Ebey's Landing National Historical Reserve--WA

    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), 
P.O. Box 37127, Washington, D.C. 20013-7127; 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-
2865, fax (202) 291-3111.

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 that 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-governance 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-
governance tribe demonstrates a special geographic, cultural or 
historical connection.
    For questions regarding self-governance 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

    During Fiscal Year 2000, upon request each non-BIA bureau will 
negotiate Self Governance annual funding agreements for its eligible 
programs beyond those already negotiated.

    Dated: February 25, 1999.
Juliette A. Falkner,
Special Assistant to the Secretary.
[FR Doc. 99-5556 Filed 3-5-99; 8:45 am]
BILLING CODE 4310-10-P