[Federal Register Volume 73, Number 12 (Thursday, January 17, 2008)]
[Notices]
[Pages 3267-3268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-766]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


List of Programs Eligible for Inclusion in Fiscal Year 2008 
Funding Agreements To Be Negotiated With Self-Governance Tribes

AGENCY: Minerals Management Service, 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.

DATES: This notice expires on September 30, 2008.

ADDRESSES: Inquiries or comments regarding this notice may be directed 
to Shirley M. Conway, Regulations Manager, Minerals Revenue Management, 
Minerals Management Service, 1849 C Street, NW., MS 5557 MIB, 
Washington, DC 20240.

SUPPLEMENTARY INFORMATION:

I. Background

    Title IV 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. Under the self-governance program certain programs, services, 
functions, and activities, or portions thereof, in the Department's 
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 the Department that is ``otherwise available to Indian 
tribes or Indians,'' can be

[[Page 3268]]

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.
    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 the Department, this Notice is particular to Minerals Management 
Service (MMS).

II. Eligible Non-BIA Programs of the Minerals Management Service

    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 MMS will also consider for inclusion in funding agreements 
other programs or activities not included below, but which, upon 
request of a self-governance tribe, MMS 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 MMS provides stewardship of America's offshore resources and 
collects revenues generated from mineral leases on Federal and Indian 
lands. The 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.
    The MMS also offers mineral-owning tribes other opportunities to 
become involved in its Minerals Revenue Management (MRM) functions. 
These programs address the intent of tribal self-governance but are 
available regardless of self-governance intentions or status and are a 
good prerequisite for assuming other technical functions. Generally, 
MRM functions are available to tribes because of the Federal Oil and 
Gas Royalty Management Act of 1982 (FOGRMA) at 30 U.S.C. 1701. The MRM 
functions that may be available to self-governance tribes includes:
    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 cooperative audits, this program is offered as an option.)
    2. Verification of Tribal Royalty Payments. Financial compliance 
verification and monitoring activities, and production verification.
    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 Allotted Leases. Mineral revenue 
collections of allotted leases, provided that MMS consults with and 
obtains written approval from affected individual Indian mineral owners 
to delegate this responsibility to the tribe.
    6. On-line Monitoring of Royalties and Accounts. On-line computer 
access to reports, payments, and royalty information contained in MMS 
accounts. The MMS will install equipment at tribal locations, train 
tribal staff, and assist tribes 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 funding agreement, but have not yet acquired mineral revenue 
expertise via a FOGRMA section 202 cooperative agreement, as this is 
the term contained in FOGRMA and implementing regulations at 30 CFR 
228.4.
    For questions regarding self-governance contact Shirley M. Conway, 
Regulations Manager, Minerals Revenue Management, Minerals Management 
Service, MS 5557 MIB,1849 C Street, NW., Washington, DC 20240, 
telephone 202-208-3512, fax 202-501-0247.

III. Programmatic Targets

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

    Dated: December 27, 2007.
Randall B. Luthi,
Director, Minerals Management Service.
[FR Doc. E8-766 Filed 1-16-08; 8:45 am]
BILLING CODE 4310-MR-P