[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Notices]
[Pages 71122-71126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31162]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


List of Programs Eligible for Inclusion in Fiscal Year 2004 
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 2004 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, 2004.

ADDRESSES: Inquiries or comments regarding this notice may be directed 
to the Office of Self-Governance (MS-2548, MIB), 1849 C Street, NW., 
Washington, DC 20240-0001. Telephone (202) 219-0240 or to the bureau 
points of contact listed below.

SUPPLEMENTARY INFORMATION:

[[Page 71123]]

I. Background

    Title II of the Indian Self-Determination and Education Assistance 
Act Amendments of 1994 (Pub. 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, services, functions, 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, functions, and activities, 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:
    (1) 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 programs eligible for self-determination contracting under 
Title I of the Indian Self-Determination and Education Assistance Act 
(Pub. L. 93-638). 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.''
    (2) 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.

Response to Comments

    The Department provided the proposed list to the Self-Governance 
Tribes on April 23, 2003 for their review and comment. No comments were 
received. Several minor editorial and technical changes provided by 
Interior's bureaus were incorporated.

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

A. Bureau of Land Management (none)
B. Bureau of Reclamation (4)
    Gila River Indian Community
    Chippewa Cree Tribe of the Rocky Boy's Reservation
    Karuk Tribe of California
    Yurok Tribe
C. Minerals Management Service (none)
D. National Park Service (4)
    Grand Portage Band of Lake Superior Chippewa Indians
    Lower Elwha S'Klallam Tribe
    Tanana Chiefs Conference, Inc.
    Yurok Tribe
E. Office of Surface Mining and Reclamation Enforcement (none)
F. U.S. Fish and Wildlife Service (none)
G. U.S. Geological Survey (none)

III. Eligible Programs of the Department of the Interior Non-BIA 
Bureaus

    Below 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'' under Title I and not precluded by any other law, or may have 
``special geographic, historical, or cultural significance'' to a 
participating tribe. The lists represent the most current information 
on programs potentially available to Tribes under a Self-Governance 
agreement.
    The Department will also consider for inclusion in annual funding 
agreements other programs or activities not included below, 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 carries out some its activities in the management of public 
lands through contracts and cooperative agreements. These and other 
activities, dependent upon availability of funds, the need for specific 
services, and the Self-Governance tribe demonstrating a special 
geographic, cultural, or historical connection, may also be available 
for inclusion in self-governance 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. Minerals Management. Inspection and enforcement of Indian oil 
and gas operations, and inspection, enforcement and production 
verification of Indian coal and sand and gravel operations: are already 
available for contracts under Title I of the Act and therefore may be 
available for inclusion in an annual funding agreement.
    2. 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.
Other Activities
    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, construction and maintenance of range 
improvements, grazing management experiments, range monitoring, 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

[[Page 71124]]

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, 
habitat protection and improvement projects, and similar activities, 
may be available in specific States.
    7. Wild Horse Management. Activities such as wild horse round ups, 
removal, and disposition, including operation and maintenance of wild 
horse facilities 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 in relation to negotiating specific 
self-governance agreements.
    For questions regarding Indian Self-Governance, contact Jerry 
Cordova, Bureau of Land Mangement, 1849 C Street, NW., Washington, DC 
20240-0001, telephone: (202) 452-7756, 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 irrigation, 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 water resource management and 
construction projects may be eligible for inclusion in self-governance 
agreements.

1. Klamath Project--CA, OR
2. Trinity River Restoration Program--CA
3. Central Valley Project (Trinity Division)--CA
4. Central Arizona Project--AZ, NM
5. Colorado River Front Work/Levee System--AZ, CA, NV
6. Lower Colorado Indian Water Management Study--AZ, CA, NV
7. Yuma Area Projects--AZ, CA
8. Middle Rio Grande Project--NM
9. Rocky Boy's/North Central Montana Regional Water System--MT
10. Indian Water Rights Settlement Projects--as Congressionally 
authorized.

    For questions regarding self-governance contact Barbara White, 
Reclamation Self-Governance Coordinator, Native American Affairs 
Office, Bureau of Reclamation (W-6100), 1849 C Street, NW., Washington, 
DC 20240-0001, telephone: (202) 513-0631, fax: (202) 513-0311.

C. Eligible Programs of the Minerals Management Service (MMS)

    MMS provides 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. 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.
    MMS also offers mineral-owning tribes other opportunities to become 
involved in MMS's Minerals Revenue Management 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. Generally, 
minerals revenue management programs are available to tribes because of 
their status as Indians. Minerals revenue 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, provided that MMS consults with and obtains written 
approval from affected individual Indian mineral owners to delegate 
this responsibility to the Tribe.
    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. An 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 David Izon, Royalty 
Liaison Office, Minerals Management Service (MS-4241), 1849 C Street, 
NW., Washington, DC 20240-0001, telephone: (202) 208-3512, fax: (202) 
208-3982.

D. 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, park maintenance, 
and interpretation of geology, history, and natural and cultural 
resources.
    Some elements of these programs may be eligible for inclusion in a 
self-governance annual funding agreement. The listing 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. This listing is not all inclusive, but is representative of 
the types of programs which may be eligible for tribal participation 
through annual funding agreements.

[[Page 71125]]

    1. Ongoing Programs and Activities. Components of the following 
programs are potentially eligible for inclusion in a self-governance 
annual funding agreement.

a. Archeological surveys
b. Comprehensive management planning
c. Cultural resource management projects
d. Ethnographic studies
e. Erosion control
f. Fire protection
g. Gathering baseline subsistence data--AK
h. Hazardous fuel reduction
i. Housing construction and rehabilitation
j. Interpretation
k. Janitorial services
l. Maintenance
m. Natural resource management projects
n. Operation of campgrounds
o. Range assessment--AK
p. Reindeer grazing--AK
q. Road repair
r. Solid waste collection and disposal
s. Trail rehabilitation
t. Watershed restoration and maintenance

    2. 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

    Locations of National Park System Units in Close Proximity to Self-
Governance Tribes. Aspects of ongoing programs and activities may be 
available at park units with known geographic, cultural, or historical 
connections with a self-governance tribe.

1. Lake Clark National Park and Preserve--AK
2. Katmai National Park and Preserve--AK
3. Glacier Bay National Park and Preserve--AK
4. Klondike Gold Rush National Historical Park--AK
5. Sitka National Historical Park--AK
6. Kenai Fjords National Park--AK
7. Wrangell-St. Elias National Park & Preserve--AK
8. Western Arctic Parklands--AK
9. Gates of the Arctic National Park& Preserve--AK
10. Yukon-Charley Rivers National Preserve--AK
11. Casa Grande Ruins National Monument--AZ
12. Joshua Tree National Park--CA
13. Redwood National Park--CA
14. Whiskeytown National Recreation Area--CA
15. Hagerman Fossil Beds National Monument--ID
16. Bear Paw Battlefield, Nez Perce National Historical Park--ID
17. Boston Harbor Islands, a National Park Area--MA
18. Cape Cod National Seashore--MA
19. New Bedford Whaling National Historical Park--MA
20. Sleeping Bear Dunes National Lakeshore--MI
21.Voyageurs National Park--MN
22. Grand Portage National Monument--MN
23. Glacier National Park--MT
24. Great Basin National Park--NV
25. Bandelier National Monument--NM
26. Fort Stanwix National Monument--NY
27. Cuyahoga Valley National Park--OH
28. Hopewell Culture National Historical Park--OH
29. Chickasaw National Recreation Area--OK
30. Effigy Mounds National Monument--IA
31. Olympic National Park--WA
32. San Juan Islands National Historic Park--WA
33. Mt. Rainier National Park--WA
34. Ebey's Landing National Historical Reserve--WA

    For questions regarding self-governance contact Dr. Patricia 
Parker, Chief, American Indian Liaison Office, National Park Service 
(Org. 2560), 1849 C Street, NW., Washington, DC 20240-0001; telephone: 
(202) 354-6965, fax: (202) 371-6609.

E. Eligible Programs of the Office of Surface Mining and Reclamation 
Enforcement (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 which 
restores 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 are available to 
Indian tribes.
    For questions regarding self-governance contact Maria Mitchell, 
Office of Surface Mining Reclamation and Enforcement (MS-210-SIB), 1951 
Constitution Ave., NW., Washington, D.C. 20240, telephone: (202) 208-
2865, fax: (202) 291-3111.

F. Eligible Programs of the U.S. 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 also has a continuing cooperative relationship with a 
number of Indian tribes throughout the National Wildlife Refuge System 
and the Service's fish hatcheries. Any self-governance tribe 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 
inclusion in 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
    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

[[Page 71126]]

    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 Refuges and Hatcheries with close proximity to Self-
Governance Tribes
    1. Alaska National Wildlife Refuges--AK
    2. Alchesay National Fish Hatchery--AZ
    3. Humboldt Bay National Wildlife Refuge--CA
    4. Kootenai National Wildlife Refuge--ID
    5. Agassiz National Wildlife Refuge--MN
    6. Mille Lacs National Wildlife Refuge--MN
    7. Rice Lake National Wildlife Refuge--MN
    8. National Bison Range--MT
    9. Ninepipe National Wildlife Refuge--MT
    10. Pablo National Wildlife Refuge--MT
    11. Mescalero National Fish Hatchery--NM
    12. Sequoyah National Wildlife Refuge--OK
    13. Tishomingo National Wildlife Refuge--OK
    14. Bandon Marsh National Wildlife Refuge--OR
    15. Dungeness National Wildlife Refuge--WA
    16. Makah National Fish Hatchery--WA
    17. Nisqually National Wildlife Refuge--WA
    18. Quinault National Fish Hatchery--WA
    19. San Juan Islands National Wildlife Refuge--WA

    For questions regarding self-governance contact Patrick Durham, 
Fish and Wildlife Service (MS3012), 1849 C Street NW., Washington, DC 
20240-0001, telephone: (202) 208-4133, fax: (202) 501-3524.

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 the following 
programs may have a special geographic, cultural, or historical 
connection with a self-governance tribe:
    1. Mineral, Environmental, and Energy Assessments.
    2. USGS Earthquake Hazards Reduction Program.
    3. Water Resources Data Collection and Investigations.
    4. Biological Resources Inventory, Monitoring, Research and 
Information Transfer Activities.
    For questions regarding self-governance contact Sue Marcus, 
American Indian/Alaska Native Liaison, U.S. Geological Survey, 104 
National Center, Reston, VA 20192, telephone: (703) 648-4437, fax: 
(703) 648-5470., e-mail address: [email protected].

IV. Programmatic Targets

    During Fiscal Year 2004, upon request of a self-governance tribe 
each non-BIA bureau will negotiate annual funding agreements for its 
eligible programs beyond those already negotiated.

    Dated: December 5, 2003.
William A. Sinclair,
Director, Office of Self-Governance.
[FR Doc. 03-31162 Filed 12-19-03; 8:45 am]
BILLING CODE 4310-W8-P