[Federal Register Volume 72, Number 52 (Monday, March 19, 2007)]
[Notices]
[Pages 12830-12831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1323]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


List of Program Eligible for Inclusion in Fiscal Year 2007 
Funding Agreements To Be Negotiated With Self-Governance Tribes

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice.

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SUMMARY: This notice lists program or portions of programs that are 
eligible for inclusion in Fiscal Year 2007 funding agreements with 
self-governance tribes and lists programmatic targets pursuant to 
section 405(c)(4) of the Tribal Self-Governance Act.

DATES: This notice expires on September 30, 2007.

ADDRESSES: Inquiries or comments regarding this notice may be directed 
to Mr. Richard Ives, Director, Native American and International 
Affairs Office, Bureau of Reclamation, 1849 C Street, NW., MS-7069-MIB, 
Washington, DC 20240.

SUPPLEMENTARY INFORMATION:

I. Background

    Title II of the Indian Self-Determination Act Amendments of 1994 
(Pub. L. 103-413, the `` Tribal Self-Governance Act'' or the ``Act'') 
instituted a permanent 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 DOI 
bureaus other than the Bureau of Indian Affairs (BIA) are eligible to 
be planned, conducted, consolidated, and administered by a self-
governance tribal government.
    Under section 405(c) of the 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 Act, two categories of non-BIA programs are eligible for 
self-governance funding agreements (AFAs):
    (1) Under section 403(b)(2) of the Act, any non-BIA program, 
service, function or activity that is administered by DOI that is 
``otherwise available to Indian tribes or Indians,'' can be 
administered by a tribal government through a self-governance funding 
agreement. The Department interprets this provision to authorize the 
inclusion of programs eligible for self-determination contracts under 
Title I of the Indian Self-Determination and Education Assistance Act 
(Pub. L. 93-638, as amended). Section 403(b)(2) also specifies 
``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 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 Act, funding 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 
funding 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 Office of Self-Governance requested comments on the proposed 
list on June 14, 2006. A number of editorial and technical changes were 
provided by Interior's bureaus and incorporated into this Notice. While 
the Notice of June 14, 2006, illustrated all eligible non-BIA programs 
for DOI, this Notice is particular to the Bureau of Reclamation.

II. Eligible Non-BIA Programs of the Bureau of Reclamation

    Below is a listing of the types of non-BIA programs, or portions 
thereof, that may be eligible for self-governance 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 
list represents the most current information on programs potentially 
available to tribes under a self-governance funding agreement.
    The Bureau of Reclamation will also consider for inclusion in 
funding agreements other programs or activities not included below, but 
which, upon

[[Page 12831]]

request of a self-governance tribe, the Bureau of Reclamation 
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 such discussions.
    The Bureau of 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 the 
Bureau of Reclamation's activities involve construction, operation 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 a self-
governance funding agreement.
    1. Klamath Project, California and Oregon.
    2. Trinity River Restoration Project, California and Oregon.
    3. Central Arizona Project, Arizona and New Mexico.
    4. Drought Relief, 17 Reclamation States.
    5. Rocky Boy's/North Central Montana Regional Water System, 
Montana.
    6. Indian Water Rights Settlement Projects, as Congressionally 
authorized.
    For questions regarding self-governance contact Mr. Richard Ives, 
Director, Native American and International Affairs Office, Bureau of 
Reclamation, 1849 C Street, NW., MS-7069-MIB, Washington, DC 20240, 
telephone 202-513-0625, fax 202-513-0311.

III. Programmatic Targets

    During Fiscal Year 2007, upon request of a self-governance tribe, 
the Bureau of Reclamation will negotiate funding agreements for its 
eligible programs beyond those already negotiated.

    Dated: February 21, 2007.
Mark Limbaugh,
Assistant Secretary--Water and Science.
[FR Doc. 07-1323 Filed 3-16-07; 8:45 am]
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