[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Notices]
[Page 63184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21906]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


List of Programs Eligible for Inclusion in Fiscal Year 2008 
Funding Agreements to be Negotiated with Self-Governance Tribes

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice.

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SUMMARY: This notice lists programs or portions of programs that are 
eligible for inclusion in Fiscal Year 2008 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, 2008.

ADDRESSES: Inquiries or comments regarding this notice may be directed 
to Mr. Richard Ives, Director, Native American and International 
Affairs Office, Bureau of Reclamation (96-43200), 1849 C Street, NW., 
Mail Stop 7060-MIB, Washington, DC 20240; telephone 202-513-0625; fax 
202-513-0311.

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:
    (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.

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

    The mission of the Bureau of Reclamation (Reclamation) is to 
manage, develop, and protect water and related resources in an 
environmentally and economically sound manner in the interest of the 
American public. To this end, most of the Reclamation's activities 
involve the construction, operation and maintenance, and management of 
water resources projects and associated facilities, as well as research 
and development related to its responsibilities. Reclamation water 
resources projects provide water for municipal, residential, 
agricultural, and industrial water supplies; hydroelectric power 
generation; flood control; outdoor recreation; and enhancement of fish 
and wildlife habitats.
    Components of the following water resource projects listed below 
may be eligible for inclusion in a self-governance funding agreement. 
This list was developed with consideration of the proximity of 
identified self-governance tribes to Reclamation projects.
    1. Klamath Project, California and Oregon.
    2. Trinity River Fishery, California.
    3. Central Arizona Project, Arizona and New Mexico.
    4. Rocky Boy's/North Central Montana Regional Water System, 
Montana.
    5. Indian Water Rights Settlement Projects, as Congressionally 
authorized.
    Reclamation also has some programs (e.g., drought relief) under 
which funding may be provided for specific tribal projects which 
qualify under the applicable program criteria, subject to available 
funding. When such projects are for the benefit of self-governance 
tribes, the projects, or portions thereof, may be eligible for 
inclusion in self-governance funding agreements.
    Upon the request of a self-governance tribe, Reclamation will also 
consider for inclusion in funding agreements, other programs or 
activities which Reclamation determines to be eligible under Section 
403(b)(2) or 403(c) of the Act.

III. Programmatic Targets

    During Fiscal Year 2008, upon request of a self-governance tribe, 
Reclamation will negotiate funding agreements for its eligible programs 
beyond those already negotiated.

    Dated: October 23, 2007.
Kameran L. Onley,
Assistant Deputy Secretary.
[FR Doc. E7-21906 Filed 11-7-07; 8:45 am]
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