[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Notices]
[Pages 13683-13688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6292]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Fiscal Year 2004 Tribal Wildlife Grants; Request for Grant 
Proposals

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of request for proposals; final policy, and 
implementation guidelines.

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SUMMARY: We, the Fish and Wildlife Service (Service) are soliciting 
project proposals for Federal assistance under the Tribal Wildlife 
Grants program (TWG). This document describes how you can apply for 
funding under the TWG and how we will determine which project proposals 
will be funded. The Department of the Interior and Related Agencies 
Appropriations Act for Fiscal year (FY) 2004 authorized an 
appropriation of $69,137,000 for wildlife conservation grants to States 
and to the District of Columbia, U.S. Territories, and Tribes under 
provisions of the Fish and Wildlife Act of 1956 and the Fish and 
Wildlife Coordination Act, for the development and implementation of 
programs for the benefit of wildlife and their habitat, including 
species that are not hunted or fished. The Act further specified that 
the Service use $5,926,000 of the funds for a competitive grant program 
available to federally recognized Indian Tribes. this allows the 
Secretary, through the Director of the Service, to manage a separate 
Tribal grant program not subject to the provisions of the formula-based 
State Wildlife Grants program, or other requirements of the State 
Wildlife Grants portion of Pub. L. 107-63. The Service is providing 
implementation guidance for this $5,926,000 TWG program.

DATES: Project proposals must be postmarked by May 24,2004, and 
submitted to the appropriate Regional Office (see Table 1 in 
ADDRESSES).

ADDRESSES: For information regarding collection requirements, 
applicants should contact the Native American Liaison in the Service's 
Regional office for the State in which the proposed project would 
occur. The contact information for each Regional Office is listed in 
Table 1 below. Information on the TWG is also available from the U.S. 
Fish and Wildlife Service, Office of the Native American Liaison, 1849 
C Street, NW., Mail Stop 3251, Washington, DC 20240, fax (202) 501-3524 
and electronically at http://grants.fws.gov/tribal.html.
    Send your project proposal to the Service's Regional office for the 
State in which the proposed project would occur (see Table 1 under 
ADDRESSES). You must submit one original and two copies of the complete 
proposal. We will not accept facsimile project proposals.

 
                     Table 1.--Where To Send Project Proposals and List of Regional Contacts
----------------------------------------------------------------------------------------------------------------
                                                                                               Regional Native
          Service region             States where the project   Where to send your project  American liaison and
                                            will occur                   proposal               phone number
----------------------------------------------------------------------------------------------------------------
Region 1..........................  Hawaii, Idaho, Oregon,      Regional Director, U.S.     Scott L. Aikin,
                                     Washington, Nevada, and     Fish and Wildlife           (503) 231-6123.
                                     California.                 Service, Eastside Federal
                                                                 Complex, 911 N.E. 11th
                                                                 Avenue, Portland, OR
                                                                 97232-4181.

[[Page 13684]]

 
Region 2..........................  Arizona, New Mexico,        Regional Director, U.S.     John Antonio, (505)
                                     Oklahoma, and Texas.        Fish and Wildlife           248-6810.
                                                                 Service, 500 Gold Avenue,
                                                                 SW., P.O. Box 1306,
                                                                 Albuquerque, NM 87103-
                                                                 1306.
Region 3..........................  Illinois, Indiana, Iowa,    Regional Director, U.S.     John Leonard, (612)
                                     Michigan, Minnesota,        Fish and Wildlife           713-5108.
                                     Missouri, Ohio, and         Service, 1 Federal Drive,
                                     Wisconsin.                  Fort Snelling, MN 55111-
                                                                 4080.
Region 4..........................  Alabama, Arkansas,          Regional Director, U.S.     James D. Brown,
                                     Florida, Georgia,           Fish and Wildlife           (404) 679-7125.
                                     Kentucky, Louisiana,        Service, 1875 Century
                                     Mississippi, North          Blvd., Rm. 410, Atlanta,
                                     Carolina, South Carolina,   GA 30345.
                                     and Tennessee.
Region 5..........................  Connecticut, Delaware,      Regional Director, U.S.     D.J. Monette, (413)
                                     District of Columbia,       Fish and Wildlife           253-8662.
                                     Maine, Maryland,            Service, 300 Westgate
                                     Massachusetts, New          Center Drive, Hadley, MA
                                     Hampshire, New Jersey,      01035-9589.
                                     New York Pennsylvania,
                                     Rhode Island, Vermont,
                                     Virginia, and West
                                     Virginia.
Region 6..........................  Colorado, Kansas, Montana,  Regional Director, U.S.     David Redhorse,
                                     Nebraska, North Dakota,     Fish and Wildlife           (303) 236-4575.
                                     South Dakota, Utah, and     Service, PO Box 25486,
                                     Wyoming.                    Denver Federal Center,
                                                                 Denver, CO 80225-0486.
Region 7..........................  Alaska....................  Regional Director, U.S.     Tony DeGange, (907)
                                                                 Fish and Wildlife           786-3492.
                                                                 Service, 1011 East Tudor
                                                                 Road, Anchorage, AK 99503-
                                                                 6199.
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FOR FURTHER INFORMATION CONTACT: For further information, contact the 
Native American Liaison in the appropriate Regional Office (see Table 1 
under ADDRESSES) or Patrick Durham, Office of the Native American 
Liaison, U.S. Fish and Wildlife Service, 1849 C Street, Mail Stop 3012 
MIB, Washington, DC 20240, 202/208-4133.

SUPPLEMENTARY INFORMATION:

I. Request for Proposals

    The Service invites submission of grant proposals from federally 
recognized Indian tribal governments (including Alaska Native Villages) 
for the development and implementation of programs for the benefit of 
wildlife and their habitat, including species that are not hunted or 
fished. This program supports the efforts of federally recognized 
Tribal governments in projects that develop or augment the capacity to 
manage, conserve, or protect fish and wildlife resources through the 
provision of funding and technical support.

II. Definitions

    The following definitions apply:
    1. Conservation Recommendation--The Fish and Wildlife Service's 
non-binding suggestions resulting from formal or informal consultation, 
under the Endangered Species Act, that: (1) Identify discretionary 
measures a Federal agency can take to minimize or avoid the adverse 
effects of a proposed action on listed or candidate species, or 
designated critical habitat; (2) identify studies, monitoring, or 
research to develop new information on listed or candidate species, or 
designated critical habitat; and (3) include suggestions on how an 
agency can assist species conservation as part of their action and in 
furtherance of its authorities under Section 7(a)(1) of the Endangered 
Species Act.
    2. Biological Opinion--Any document that includes: (1) The opinion 
of the Fish and Wildlife Service or the National Marine Fisheries 
Service as to whether or not a Federal action is likely to jeopardize 
the continued existence of listed species, or result in the destruction 
or adverse modification of designated critical habitat; (2) a summary 
of the information on which the opinion is based; and (3) a detailed 
discussion of the effects of the action on listed species or designated 
critical habitat under the provisions of the Endangered Species Act.
    3. Habitat--The area that provides direct support for a given 
species, population, or community. It includes all environmental 
features that comprise an area such as air quality, water quality, 
vegetation and soil characteristics, and water supply.
    4. Mitigation--Activities carried out under National Environmental 
Policy Act regulations, for the purpose of moderating, reducing, or 
alleviating the impacts of a proposed activity, including (a) avoiding 
the impact by not taking a certain action; (b) minimizing impacts by 
limiting the degree or magnitude of the action; (c) rectifying the 
impact by repairing, rehabilitating, or restoring the affected 
environment; (d) reducing or eliminating the impact over time by 
undertaking preservation and maintenance operations during the life of 
the action; and (e) compensation for the impact by replacing or 
providing substitute resources or environments.

III. Background

    The Department of the Interior and Related Agencies Appropriations 
Act for Fiscal Year (FY) 2004 authorized an appropriation of 
$69,137,000 for wildlife conservation grants to States and to the 
District of Columbia, U.S. Territories, and Tribes under provisions of 
the Fish and Wildlife Act of 1956 and the Fish and Wildlife 
Coordination Act, for the development and implementation of programs 
for the benefit of wildlife and their habitat, including species that 
are not hunted or fished. The Act further specified that the Service 
use $5,926,000 of the funds to establish a competitive grant program 
available to federally recognized Tribes. This language allows the 
Secretary, through the Director of the Service, to establish a separate 
Tribal grant program that would not be subject to the provisions of the 
formula-based State Wildlife Grant program, or other requirements of 
the State Wildlife Grants portion of these funds. The Service is 
providing guidance in administration of this $5,926,000 Tribal Wildlife 
Grant program.

[[Page 13685]]

IV. Implementation Guidelines

A. Eligibility

1. Who May Participate in the TWG Program?
    Federally recognized Tribes in all parts of the United States, 
including federally recognized Tribes, pueblos, rancherias, and Alaska 
native villages or traditional councils as defined by the Alaska Native 
Claims Settlement Act.
2. Are State-Recognized Tribes or Petitioning Tribes Eligible To 
Receive Grants Under This Program?
    No, only federally recognized Tribes are eligible to receive grants 
under this program. Federally recognized Tribes are listed in the 
Federal Register (68 FR 68180; December 5, 2003).
3. Can Tribal Organizations or Other Entities (Including Individual 
Indian Allottees Receive Grants Under This Program?
    No. However, organizations or entities may participate as 
subgrantees or contractors to federally recognized Tribes.
4. What Process Will the Service Use To Solicit and Receive Proposals 
for Funding?
    The Service will request proposals through a Federal Register 
notice. In addition, direct contact, and other forms of outreach to 
eligible applicants will be used. The Service's Regional Directors will 
receive all proposals.
5. Who Will Coordinate the Scoring of Grant Application Submissions?
    The Regional Native American Liaisons of the Service will 
coordinate the process to screen proposals to ensure that they are 
complete and to score them according to nationally uniform criteria. 
Tribes are encouraged to contact the Native American Liaison in the 
appropriate Regional Office identified in Table 1 under ADDRESSES for 
additional assistance in submitting proposals.
6. How Will Grant Application Submissions Be Reviewed for Funding?
    A national panel will review regionally ranked proposals for 
recommendations to the Director of the Service (Director).
7. Who Will Serve as the National Review Panel?
    Service and other Federal agency personnel, as appropriate, and as 
may be identified by the Director will serve on the panel.
8. Will Tribal Representatives Be Involved in Reviewing or Ranking 
Proposals?
    No, only Federal employees will review and rank proposals.
9. Who Will Make the Final Determination for Grant Approval?
    The Director will make the final determination for grant awards.
10. How Will the Tribes Be Notified Whether or Not They Have Been 
Awarded Grants?
    Applicants will be notified by the Director or Regional Directors 
as to whether or not they have been awarded grants. Regional Native 
American Liaisons will contact tribal representatives who signed the 
grant applications.

B. Application Requirements

1. Is the TWG Program Exempt From Federal Grant Program Compliance?
    No, the TWG program must comply with all Federal grant program 
compliance requirements as specified in 43 CFR part 12: OMB Circulars 
A-133, A-102, and A-87; and Service Manual Chapters 522 FW1 and 523 
FW1, except where specifically exempted. Tribal grantees are 
responsible for ensuring that subgrantees and contractors adhere to 
these requirements.
2. What Must Proposals for Participation in the TWG Program Include?
    Proposals must include a cover letter, program summary, program 
narrative, budget narrative, a completed Standard Form 424 Application 
for Federal Assistance (SF-424), and tribal resolution of support as 
described herein.

--A cover letter briefly states the main features of the proposed 
project.
--A program summary describes, in one-half page, the type of activity 
that would take place if the Service funds the proposal.
--A program narrative clearly identifies the problems that the proposal 
will correct or help solve as they relate to the development and 
implementation of programs for the benefit of wildlife and their 
habitat, including species that are not hunted or fished, and the 
expected results or benefits. It must contain a needs assessment, 
objectives, timeline, methodology, geographic location (with maps), 
monitoring plan, and identification of clear, obtainable, and 
quantifiable goals and performance measures that will help achieve the 
management goals and objectives of the TWG and relevant Service and 
tribal performance goals. The relevant Service goals are Goal 1, 
Sustainability of Fish and Wildlife Populations, including Migratory 
Bird Conservation (Goal 1.1), Imperiled Species (Goal 1.2), 
Interjurisdictional Fish (Goal 1.3), Marine Mammal Management (Goal 
1.4), Species of International Concern (Goal 1.5), and Invasive Species 
(Goal 1.6); Goal 2, Habitat Conservation; including Habitat 
Conservation off Service Lands (Goal 2.3); and Mission Goal 4, 
Partnerships in Natural Resources, including tribal Governments (Goal 
4.1), all of which can be found in the Service's Long-Term Strategic 
Plan for 2000 to 2005 at http://planning.fws.gov/USFWStrategicPlanv3.pdf. Related Service planning and results can be 
found at http://planning.fws.gov/.

--A budget narrative clearly justifies all proposed costs and indicates 
that the grantee will provide adequate management systems for fiscal 
and contractual accountability, including annual monitoring and 
evaluation of progress toward desired project objectives, goals, and 
performance measures. It should include discussion of direct cost items 
such as salaries, equipment, consultant services, subcontracts, and 
travel, as well as program matching or cost sharing information. If 
some partners will provide in-kind matching, they must be listed in the 
grant proposal with a letter of commitment from each. Only 
contributions made by non-Federal partners will be accepted as in-kind 
match. Applicants may cover new project administrative costs and the 
Tribal Indirect Cost Rate, but they cannot include pre-existing 
administrative costs.
--An SF-424 form must be included with the grant application and is 
available on the internet at http://training.fws.gov/fedaid/toolkit/sf424-f.pdf.
--A resolution of support from the appropriate tribal governing body or 
from an individual with delegated tribal authority stating support for 
the proposal is required. If a resolution of support is not submitted 
with the proposal, one will be required prior to awarding the grant.
3. Where Can Applicants Obtain a Grant Proposal Package?
    Applicants can obtain a grant proposal package from the Native 
American Liaison in the appropriate Regional Office (see Table 1 under 
ADDRESSES) or at the Service's Grants Web site http://grants.fws.gov/tribal.html.

[[Page 13686]]

4. Are Matching Funds Required?
    No, Congress did not require matching funds for this appropriation. 
However, the Service will consider matching funds as an indication of 
tribal commitment to the program and to encourage partnerships.
5. Are In-Kind Contributions Eligible as Matching Funds?
    Yes, in-kind contributions provided by the Tribe or a third party 
may be used as a match to improve the potential ranking of a proposal. 
The Service has defined ``in-kind'' as noncash contributions made by 
the Tribe. In-kind contributions must be necessary and reasonable for 
carrying out the program, and must represent the same value that the 
Service would have paid for similar services or property if purchased 
on the open market. Allowable in-kind contributions are defined in 43 
CFR 12.64. Additional information can be found at http://training.fws.gov/fedaid/toolkit/inkind.pdf.
6. Can a Tribe Submit More Than One Grant Proposal?
    Tribes are encouraged to submit a single comprehensive grant 
proposal, but multiple proposals are allowable.
7. What Maximum Level of Project Funding Will Be Considered Under the 
TWG Program?
    The Service will award grants up to a maximum of $250,000. If more 
than one proposal is submitted by any one Tribe, no more than $250,000 
total can be awarded to that Tribe. No proposal shall be accepted that 
requests more than $250,000, in Federal funds.
8. What Minimum Level of Project Funding That Will Be Considered Under 
the TWG Program?
    There is no proposal or grant award minimum.

C. Ranking Criteria

What Ranking Criteria Will the Service Use?
    The Service will score proposals based on the following criteria:
    Benefit: What are the expected benefits to fish and wildlife 
resources, including species that are not hunted or fished, and their 
habitat if this program is successfully completed? The Service requires 
that the Tribe articulate how the benefits of its proposal support the 
goals and objectives of the TWG and Service and tribal Performance 
Goals in their proposal narratives.
    Performance Measures: To what extent does the proposal provide 
obtainable and quantifiable performance measures and a means to 
monitor, evaluate, and report on these measures compared to an initial 
baseline? The measures should be specific and clear, and should provide 
demonstrable benefits to the target species of the action. These 
actions must support the goals and objectives of the TWG, the Service 
and the Tribe.
    Work Plan: Are the program activities and objectives well-designed 
and achievable?
    Budget: Are all major budget items justified in relation to the 
program objectives and clearly explained in the narrative description?
    Capacity Building: To what extent does the program increase the 
grantee's capacity to provide for the benefit of wildlife and their 
habitat?
    Contributions and Partnerships: To what extent does the applicant 
display commitment to the project proposal through in-kind contribution 
or matching funds and to what extent does it incorporate contributions 
from other non-Federal partners in the form of either cash or in-kind 
services?

D. TWG Operations and Management

1. In the Course of Implementing a TWG Project or Program, Can Grantees 
Use TWG Funds To Pay for Costs of Conservation Law Enforcement or 
Education?
    Yes, if the law enforcement or education component is considered 
critical to the success of a project which directly contributes to the 
conservation of wildlife species and their habitats with the greatest 
conservation need.
2. What Activities Are Included in the ``Development and Implementation 
of Programs for the Benefit of Wildlife,'' as Referenced in the 
Department of the Interior and Related Agencies Appropriations Act for 
FY 2004?
    Activities may include, but are not limited to, planning for 
wildlife and habitat conservation, ongoing and/or new fish and wildlife 
management actions, fish and wildlife related laboratory and field 
research; natural history studies, habitat mapping, field surveys and 
population monitoring, habitat preservation, land acquisition, 
conservation easements, and outreach efforts. Priority for funding from 
the TWG Program shall be for those projects with the greatest 
conservation benefit identified by the Tribe.
3. Can Project Funds Be Used for Species of Tribal Cultural 
Significance?
    Yes, realizing that fish, wildlife and plant resources are 
important to the traditions and cultures of Tribes these types of 
projects are eligible.
4. Can Grantees Use TWG Funds To Cover Costs of Environmental Review, 
Habitat Evaluation, Permit Review (e.g., Section 404), and Other 
Environmental Compliance Activities Associated With a TWG Project?
    Yes, they can fund these activities provided they are directly 
related to the TWG program or project being funded and are included in 
the budget and discussed in the program and budget narratives.
5. Are There Any Specific Activities That Are Not Allowable Under the 
Guidance of TWG?
    A proposal cannot include activities required to comply with a 
Biological Opinion under the Endangered Species Act or include 
activities required to comply with a permit (e.g., mitigation 
responsibilities). However, a proposal can include activities that 
implement conservation recommendations or to cover the costs of 
environmental review, habitat evaluation, permit review, and other 
environmental compliance activities that are required because of the 
TWG project, provided they are included in the budget and discussed in 
the Program and Budget Narratives.
6. Is the TWG Program a Continuous Revenue Source for Tribal Wildlife 
Programs?
    No, there is no authorization for appropriation of funds beyond FY 
2004. Appropriated funds are available until spent.
7. Can the Grantee Hold TWG Funds in an Interest-Bearing Account?
    Funds can be held in an interest-bearing account, although any 
interest earned in excess of $100 must be returned to the fiscally 
responsible Federal agency (43 CFR 12.64).
8. Can TWG Funds Be Used To Purchase or Acquire Land or Other Interest 
in Real Property?
    Yes, the Service must receive assurances that acquired lands shall 
be for purposes of conservation consistent with the TWG program.

E. Grant Award Procedures

1. What Additional Information Must Be Provided to the Service by the 
Grantees Once Awards Are Announced?
    Once the Director notifies a grantee that their proposal was 
selected for funding, the recipient must submit a grant agreement and 
attachments as required by Federal regulations. As with our other 
Federal programs, TWG

[[Page 13687]]

agreements must comply with 43 CFR part 12, the National Environmental 
Policy Act, Section 7 of the Endangered Species Act, the National 
Historic Preservation Act, and all other applicable Federal laws and 
regulations. This grant program is also subject to provisions of Office 
of Management and Budget Circulars No. A-87, A-102, and A-133 (see 
http://www.whitehouse.gov/omb/circulars).
2. Once Grants Are Awarded, Who Should the Grantee Consider as the Lead 
Contact Person?
    Once grants have been awarded, the grantee should consider the 
Regional Native American Liaison (See Table 1) as the lead contact 
person for all matters pertaining to the particular award. Financial 
matters will be delegated to the Division of Federal Assistance through 
the Native American Liaison.
3. How Will Funds Be Disbursed Once the Service Has Awarded TWG Grants?
    Subsequent to funding approval, grant funds are electronically 
provided through the Health and Human Services' SMARTLINK payment 
management system. Through this electronic funds transfer (EFT), 
grantees will be able to receive funds as needed. Some of the tribal 
grantees may not be EFT compliant. In order to ensure optimal service 
to potential grantees within the current Federal Assistance process, 
grantees will need to obtain EFT capabilities compatible with the 
SMARTLINK payment management system. Grantees may request an advance of 
no more than 25 percent of the total grant if the advance is documented 
in the grant agreement.
4. What Reporting Requirements Must Tribes Meet Once Funds Are 
Obligated Under a TWG Grant Agreement?
    Quarterly Financial Status Reports (SF-272), which can be found at 
http://www.whitehouse.gov/omb/grants/sf272.pdf must be submitted 
electronically. A final Financial Status Report (SF-269), which can be 
found at http://www.whitehouse.gov/omb/grants/sf269.pdf, will be due to 
the Regional Office within 90 days of the grant agreement ending date. 
An annual performance report--including a list of project 
accomplishments relative to those which were planned in the grant 
agreement--will also be required within 90 days of the end of each 12 
month period. The effectiveness of each Tribe's program, as reported in 
the annual performance reports, will be an important factor considered 
during the grant award selection process in subsequent years.
5. Will Tribes Be Able To Claim Reimbursement for Administrative Costs 
(Overhead) and How Will Appropriate Overhead Rates Be Determined?
    Yes. These costs can be included as long as they follow the OMB 
guidelines for administrative costs, which can be obtained through our 
Federal Assistance office in each Region. However, applicants are 
encouraged to keep these costs to a minimum of those expenses that are 
essential to the success of the proposed project. An applicant may 
include administrative overhead as an in-kind contribution that may 
improve the overall benefit of the project proposal. Please note that 
full-time equivalents costs must be tied to a specific project and 
should be included in proposals sparingly.

V. Procedural Requirements

A. Regulatory Planning and Review (Executive Order 12866)

    This policy document identifies eligibility criteria and selection 
factors that may be used to award grants under the TWG program. The 
Service developed this policy to ensure consistent and adequate 
evaluation of grant proposals that are voluntarily submitted and to 
help prospective applicants understand how the Service will award 
grants. According to Executive Order 12866, this policy document is 
significant and has been reviewed by the Office of Management and 
Budget (OMB) in accordance with the four criteria discussed below.
    1. The TWG will not have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, jobs, the environment, public 
health or safety, or State or local communities. The Department of the 
Interior and Related Agencies Appropriations Act for Fiscal Year (FY) 
2002 allowed the Secretary to create the TWG program. In addition, 
grants that are funded will generate other, secondary benefits, 
including benefits to natural systems (e.g., air, water) and local 
economies. All of these benefits are widely distributed and are not 
likely to be significant in any single location. It is likely that some 
residents where projects are initiated will experience some level of 
benefit, but quantifying these effects at this time is not possible. We 
do not expect the sum of all the benefits from this program, however, 
to have an annual effect on the economy of $100 million or more.
    2. We do not believe the TWG program would create inconsistencies 
with other agencies' actions. Congress has given the Service the 
responsibility to administer this program.
    3. The TWG program would not materially alter the budgetary impact 
of entitlements, user fees, loan programs, or the rights and 
obligations of their recipients. This policy document addresses a grant 
program, authorized by Pub. L. 107-63, which should make greater 
resources available to applicants. The submission of grant proposals is 
completely voluntary, but necessary to receive benefits. When an 
applicant decides to submit a grant proposal, the proposed eligibility 
criteria and selection factors identified in this policy can be 
construed as requirements placed on the awarding of the grants. 
Additionally, we will place further requirements on grantees that are 
selected to receive funding under the TWG program in order to obtain 
and retain the benefit they are seeking. These requirements include 
specific Federal financial management and reporting requirements as 
well as specific habitat improvements or other management activities 
described in the applicant's grant proposal.

B. Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., as 
amended, whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
described the effects of the rule on small entities (e.g., small 
businesses, small organizations, and small government jurisdictions). 
Indian Tribes are not considered to be small entities for purposes of 
the Act and, consequently, no regulatory flexibility analysis has been 
done.

C. Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996

    This implementation guidance is not considered a major rule under 
the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 
(5 U.S.C. 802(2)) because it does not have an annual effect on the 
economy of $100 million or more. The yearly amount of TWG program funds 
is limited to $5,926,000 in FY 2004.
    This implementation guidance will not cause a major increase in 
costs or prices for consumers, individual industries, Federal, State, 
or local government agencies, or geographic regions. Actions under this 
implementation guidance will distribute Federal funds to Indian tribal 
governments and tribal entities for

[[Page 13688]]

purposes consistent with activities similar to programs under the Fish 
and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act.
    This implementation guidance does not have significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or the ability of United States-based enterprises to 
compete with foreign-based enterprises.

D. Unfunded Mandates Reform Act

    This implementation guidance would not impose unfunded mandates as 
defined by the Unfunded Mandates Reform Act of 1965 (Pub. L. 104-4, 
March 22, 1995, 109 Stat. 48). This guidance will not result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any one year (2 
U.S.C. 1532).

E. Takings Implication Assessment (Executive Order 12630)

    This implementation guidance does not have significant ``takings'' 
implications. This implementation guidance does not pertain to 
``taking'' of private property interests, nor does it impact private 
property.

F. Executive Order 13211--Energy Effects

    On May 18, 2001, the President issued Executive Order 13211 which 
speaks to regulations that significantly affect enerty supply, 
distribution, and use. The Executive Order requires agencies to prepare 
Statements of Energy Effects when undertaking certain actions. This 
implementation guidance is not expected to significantly affect energy 
supplies, distribution, or use. Therefore, no Statement of Energy 
Effects has been prepared.

G. Executive Order 13132--Federalism

    This implementation guidance does not have significant Federalism 
effects because it pertains solely to Federal-tribal relations and will 
not interfere with the roles, rights, and responsibilities of States.

H. Civil Justice Reform (Executive Order 12988)

    This implementation guidance does not unduly burden the judicial 
system and meets the applicable standards provided in sections 3(a) and 
3(b)(2) of the Executive Order 12988.

I. National Environmental Policy Act (NEPA)

    This implementation guidance does not constitute a Federal action 
significantly affecting the quality of the human environment. This 
Service has determined that the issuance of the implementation guidance 
is categorically excluded under the Department of the Interior's NEPA 
procedures in 516 DM 2, Appendix 1, and 516 DM 6, Appendix 1. The 
Service will be responsible for ensuring that grants funded through the 
TWG program are in compliance with NEPA.

J. Consultation and Coordination With Indian Tribal Governments 
(Executive Order 13175)

    Pursuant to Executive Order 13175 of November 6, 2000, 
``Consultation and Coordination with Indian Tribal Governments,'' we 
have committed to consulting with tribal representatives in the 
finalization of the implementation guidance for the TWG program. We 
have evaluated any potential effects on federally recognized Indian 
Tribes and have determined that there are no potential adverse effects. 
This guidance expands tribal participation in Service programs and 
allows for opportunities for tribal wildlife management and 
conservation initiatives across Indian Country. We will continue to 
consult with tribal governments and tribal entities as a part of the 
policymaking process and beyond in furthering our mutual goals for the 
TWG program.

K. Paperwork Reduction Act (44 U.S.C. 3501)

    This information collection requirements of this program will be 
largely met through the Federal Assistance Grants Application Booklet. 
Federal Assistance has OMB approval for this information collection 
under Control Number 1018-1019. This approval applies to grants managed 
by the Division of Federal Assistance, even if these grants are for 
other Divisions of the Service. We are collecting this information 
relevant to the eligibility, substantiality, relative value, and budget 
information from applicants in order to make awards of grants under 
these programs. We are collecting financial and performance information 
to track costs and accomplishments of these grant programs. An agency 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number.

    Dated: March 12, 2004.
Paul Hoffman,
Acting Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 04-6292 Filed 3-22-04; 8:45 am]
BILLING CODE 4310-55-M