[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Pages 57147-57149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23175]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


List of Programs Eligible for Inclusion in Fiscal Year 2009 
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 2009 funding agreements with 
self-governance tribes and lists programmatic targets according

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to section 405(c)(4) of the Tribal Self-Governance Act.

DATES: This notice expires on September 30, 2009.

ADDRESSES: You may submit comments by the following methods:
     Electronically go to http://www.regulations.gov. In the 
``Comment or Submission'' column, enter ``MMS-2008-MRM-0036'' to view 
supporting and related materials for this notice. Click on ``Send a 
comment or submission'' link to submit public comments. Information on 
using Regulations.gov, including instructions for accessing documents, 
submitting comments, and viewing the docket after the close of the 
comment period, is available through the site's ``User Tips'' link. All 
comments submitted will be posted to the docket.
     Mail comments to Hyla Hurst, Regulatory Specialist, 
Minerals Management Service, Minerals Revenue Management, P.O. Box 
25165, MS 302B2, Denver, Colorado 80225.
     Hand-carry comments or use an overnight courier service. 
Our courier address is Building 85, Room A-614, Denver Federal Center, 
West 6th Ave. and Kipling St., Denver, Colorado 80225.

FOR FURTHER INFORMATION CONTACT: 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, D.C. 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 the 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, each bureau 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 DOI that is 
``otherwise available to Indian tribes or Indians,'' can be 
administered by a tribal government through a self-governance funding 
agreement. The DOI 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, DOI 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 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 Minerals Management Service (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 lands, 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 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.
    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.
    For questions regarding self-governance contact Shirley M. Conway, 
Regulations Manager, Minerals Revenue Management, Minerals Management 
Service, MS 5438 MIB, 1849 C Street, NW., Washington, DC 20240, 
telephone 202-208-3512, fax 202-501-0247.

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III. Programmatic Targets

    During Fiscal Year 2009, upon request of a self-governance tribe, 
MMS will negotiate funding agreements for its eligible programs beyond 
those already negotiated.

    Dated: September 24, 2008.
Randall B. Luthi,
Director, Minerals Management Service.
 [FR Doc. E8-23175 Filed 9-30-08; 8:45 am]
BILLING CODE 4310-MR-P