[Federal Register Volume 64, Number 217 (Wednesday, November 10, 1999)]
[Notices]
[Page 61366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29441]


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

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 2001 
or Calendar Year 2001

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 a March 1, 2000, deadline for tribes/consortia to submit 
completed applications to begin participation in the tribal self-
governance program in fiscal year 2001 or calendar year 2001.

DATES: Completed application packages must be received by the Director, 
Office of Self-Governance by March 1, 2000.

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 2542, 1849 C Street NW, 
Washington DC 20240.

FOR FURTHER INFORMATION CONTACT: Dr. Kenneth D. Reinfield, U.S. 
Department of the Interior, Office of Self-Governance, 1849 C Street 
NW, Mail Shop 2548, Washington DC 20240, 202-208-5734.

SUPPLEMENTARY INFORMATION:
    Under the Tribal Self-Governance Act of 1994 (Public Law 103-413), 
as amended by the Fiscal Year 1997 Omnibus Appropriations Bill (Public 
Law 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 a BIA region 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 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 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 anticipated to be published until late Spring, 2000.

Purpose of Notice

    The interim rules established at 25 CFR Parts 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 Parts 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 2001 or calendar year 
2001 must respond to this notice, except for those which are (1) 
currently involved with negotiations with the Department; (2) one of 
the 74 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 2001 and calendar year 2001, 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 2002 or might enter 
negotiations for 2001 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 2001 for negotiating agreements 
commencing in 2002.

    Dated: November 5, 1999.
William A. Sinclair,
Director, Office of Self-Governance.
[FR Doc. 99-29441 Filed 11-9-99; 8:45 am]
BILLING CODE 4310-02-M