[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Notices]
[Pages 72828-72832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28341]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R9-EA-2008-N0243; 97000-5612-0000 FY 2008]


Tribal Wildlife Grants; Implementation Guidelines

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice to request public comments on the current implementation 
of Tribal Wildlife Grants Program and proposed changes to the program.

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SUMMARY: We, the Fish and Wildlife Service, propose to change our 
implementation guidelines for the Tribal Wildlife Grants (TWG) program. 
The program helps tribal agencies maintain and enhance sustainable, 
healthy populations of fish and wildlife, as well as the habitats that 
support them. The TWG program also supports the rich Native American 
cultural and spiritual heritage associated with fish and wildlife, as 
well as hunting, fishing, trapping, wildlife observation, conservation, 
and conservation education. If finalized, these proposed changes would 
help the TWG program support tribal agencies address new challenges 
such as global climate change, urban sprawl, implementing landscape-
level conservation planning, and a society that is increasingly 
disconnected from the natural environment, while ensuring sound 
administration and oversight of TWG funds and activities in accordance 
with core values and applicable laws, policies, and regulations. We 
seek public comment on our proposed changes. Current information about 
the TWG program is located at http://www.fws.gov/nativeamerican/grants.html.

DATES: To ensure consideration, we must receive your written comments 
by March 2, 2009 at the U.S. mail or e-mail address under ADDRESSES.

ADDRESSES: Native American Liaison, U.S. Fish and Wildlife Service, 
4401 N. Fairfax Drive, MS 330, Arlington, VA 22203; [email protected] (e-mail).

FOR FURTHER INFORMATION CONTACT: Pat Durham, (703) 358-1728.

SUPPLEMENTARY INFORMATION:

I. Background

    In 2003, we launched two competitive grant programs for federally 
recognized Indian Tribes: the Tribal Wildlife Grants (TWG) program and 
the Tribal Landowner Incentive Program (TLIP). To date, we have 
provided more than $51 million to 167 Indian Tribes for 288 projects 
through TWG. Although TLIP has not been funded in the most recent 
fiscal years, TWG has become an important and highly successful 
component of our continually expanding effort to partner with tribal 
governments.

II. Implementation Guidelines: Current Administrative Guidelines and 
Proposed Changes

    As the administrator of the TWG program, the Service's Office of 
the Native American Liaison (NAL) is seeking comments from the public 
on the current implementation of the TWG program and proposed changes 
to the program. The goals of this public dialogue are to continue to 
improve the program's effectiveness and efficiency in the following 
general areas:
     Efficient and consistent administration. We will ensure 
sound administration and oversight of TWG funds and activities in 
accordance with core values and applicable laws, policies, and 
regulations.
     Management of fish, wildlife, and their habitats. The TWG 
program helps tribal agencies to maintain and enhance sustainable, 
healthy populations of fish and wildlife, as well as the habitats that 
support them.
     Utilization of fish, wildlife, and their habitats. The TWG 
program helps tribal agencies to support the rich Native American 
cultural and spiritual heritage associated with fish and wildlife, as 
well as hunting, fishing, trapping, wildlife observation, conservation, 
and conservation education.
     New challenges and opportunities. To address global 
climate change, urban sprawl and a society that is increasingly 
disconnected from the natural environment, and to implement landscape-
level conservation planning, the TWG program will support tribal 
agencies in efforts to connect people with nature, address the impacts 
of climate change, and strengthen and expand partnerships.
    We are seeking comments and input on the following five sections:
    1. Current administrative guidance.
    2. Proposed changes to current administrative guidance.
    3. New challenges and opportunities.
    4. Proposed performance measures.
    5. Additional comments.
    At the beginning of each comment you submit, please tell us the 
section/subsection number(s) to which your comment pertains.

Section 1. Current Administrative Guidance

1.1. Who Can Apply for TWG Funding?

    Federally recognized tribal governments listed in ``Indian Entities 
Recognized and Eligible To Receive Services From the United States 
Bureau of Indian Affairs,'' which the Bureau of Indian Affairs 
published in the Federal Register on April 4, 2008 (73 FR 18553), are 
eligible to apply for TWG funding. Tribal organizations and other 
entities may participate as sub-grantees or contractors to federally 
recognized Tribes.

1.2. What Types of Projects May Receive Funding?

    1.2.1. Eligible projects include those to develop and implement 
programs for the benefit of tribal wildlife and their habitat, 
including species of Native American cultural or traditional importance 
and species that are not hunted or fished. Activities may include, but 
are not limited to, planning for wildlife and habitat conservation, 
fish and wildlife conservation and management actions, fish and 
wildlife-related laboratory and field research, natural history 
studies, habitat mapping, field surveys and population monitoring, 
habitat preservation, conservation easements, and public education that 
is relevant to the project.
    1.2.2. We are interested in tribal priorities, concerns, and 
approaches to the emerging science and potential impacts of climate 
change and implementing landscape-level conservation planning. Should 
climate change impacts be considered in the ranking criteria for 
proposals? If so, we welcome suggestions on how to consider climate 
change in the context of tribal priorities.
    1.2.3. TWG funds can be used for environmental review, habitat 
evaluation, permit review (e.g., Section 404 under the Clean Water 
Act), and

[[Page 72829]]

other environmental compliance activities, provided they are directly 
related to the TWG project and are discussed in the budget narrative/
table. Although TWG funds cannot be used to conduct activities to 
comply with a federal Biological Opinion or with a permit (e.g., 
mitigation responsibilities) for another program or project, they can 
be used to implement conservation recommendations.
    1.2.4. Projects may be proposed on lands other than those lands 
that are held in tribal trust status only if an enforceable contract 
with the landowner is submitted with the proposal. The contract must 
authorize permission to the grantee to conduct the proposed activities.

1.3. When Are Proposals Due?

    Generally, the request-for-proposals period will open the first 
business day in May and close on the first business day in September of 
each year. Proposals must be received by the appropriate Regional 
Office with a postmark no later than the first business day in 
September. Addresses for your submissions are provided in Section III 
(List of Native American Liaisons) of this notice.

1.4. How Can the Fish and Wildlife Service Help Tribes Plan and 
Implement a Project?

    The Service may assist Tribes in planning or implementing projects. 
Through a number of Service programs, we offer expertise to assist 
Tribes in planning and implementing projects. For information on how 
the Service may be able to assist, contact the Native American Liaison 
(NAL) in the appropriate Regional Office. Information is also available 
from the Service's Internet site at http://www.fws.gov/nativeamerican/. 
In addition, many other Federal, State, or tribal agencies, as well as 
conservation organizations, work closely with Tribes and may be able to 
assist with planning and implementing a project.

1.5. How Will Proposals Be Selected?

    The Regional NAL will screen proposals for eligibility and will 
coordinate the regional ranking process according to nationally uniform 
ranking criteria. Top regionally ranked proposals will be recommended 
to the Service Director for funding. A national panel will review and 
rank remaining proposals and provide its recommendations to the Service 
Director. The Director will make the final determination for grant 
approval.

1.6. When Do Grantees Address Federal Environmental Compliance Issues?

    Addressing the requirements of the National Environmental Policy 
Act, the National Historic Preservation Act, Clean Water Act, the 
Endangered Species Act, and other applicable authorities can be quite 
involved, and is therefore not part of the TWG application. The 
Regional NAL will coordinate the applicable process after proposals 
have been selected. Although these compliance requirements may delay 
the availability of funds to awardees, proposals that are not selected 
are not subjected to such additional administrative processes.

Section 2. Proposed Changes to Current Administrative Guidance

    Section 2 proposes several changes to the current TWG program 
administrative guidance.

2.1. Limitations on Project Proposals.

     Projects funded under TWG have historically not been held to a 
specific operational time period. The practice of allowing unrestricted 
carryover is helpful to some of our partner Tribes in completing multi-
year projects, because, once projects have been selected; they are not 
subject to competing for funds after the initial year of that project 
for its agreed-upon duration.
    An unintended result of this practice is that TWG funds may remain 
unused for several years. Also, there is currently no restriction on 
how many open grants a partner Tribe may have. Some partner Tribes have 
continued to submit new proposals even though these Tribes already have 
TWG project(s) that have been selected for funding but not yet 
initiated. In the interest of fiscal accountability and efficient use 
of federally appropriated funds, we are proposing the following 
changes:

2.1.1. Limit the Number of Concurrently Open Grants.

     Restrict proposal applications in any given grant cycle to Tribes 
that have no more than one open TWG. If a Tribe has more than one open 
TWG during the request for proposals for a given fiscal year, that 
tribe would be ineligible to submit a new proposal for that same grant 
cycle. This change would prevent the practice of holding project funds 
for future use while continuing to apply for additional funds.

2.1.2. Limit the Duration of Grant Projects.

    Institute a 1-year restriction on all grant projects from the date 
that all Federal compliance measures have been satisfied and the formal 
letter of agreement has been signed for each grant. Extensions may be 
granted by the Service when necessary to accommodate unforeseen or 
unaccounted for delays in the execution of a grant. This change would 
help to focus projects on specific accomplishments and establish a 
pattern that more closely coincides with the Federal appropriations 
process.

2.1.3. Lower the Funding Cap.

    Reduce the current $200,000 maximum allowable proposal request. 
Currently, we receive about 120 proposals each TWG cycle, of which we 
are able to select between 30 and 35 percent for funding at current 
appropriation levels. A lower maximum grant proposal of $150,000 would 
increase both the number of selected proposals and the number of Tribes 
receiving TWG, and would discourage less-efficient multi-year 
proposals.

2.2. Small Grants.

    The Service may institute a Small Grants segment of TWG.

2.2.1. Small Grants.

    Grant proposals for less than $25,000 could be limited to projects 
that require little pre-agreement work, minimize application 
requirements, and address a set of targeted activities. We are seeking 
comment on the pros and cons of utilizing a portion of TWG funds as a 
small grant program.

2.2.2. Matching Requirements for Small Grants.

    When grant applicants contribute their resources to a project, 
commitment to that project is demonstrated and its cost/benefit ratio 
is enhanced. If a small grants component of TWG were instituted, should 
a non-Federal cost-share commitment be a required part of the 
application? If so, what minimum percentage of the total requested 
federal funds through TWG is appropriate: 25 percent; 50 percent; 100 
percent; or other?

2.3 TWG Proposals

2.3.1. Matching Requirements for TWG.

    Matching (in-kind) funds are currently not required in a TWG 
proposal, although projects that choose to include them may score 
higher in the ranking process. When grant applicants contribute their 
resources to a project, commitment to that project is demonstrated and 
its cost/benefit ratio is enhanced. Should a non-Federal cost-share 
commitment be a required part of the TWG application? If so, what 
minimum percentage of the total requested federal funds through TWG is

[[Page 72830]]

appropriate: 25 percent; 50 percent; 100 percent; or other?

2.3.2. Capacity Building.

    TWG defines Capacity Building as those activities and actions that 
support the long-term ability of tribal agencies to manage fish and 
wildlife resources and their habitats, including but not limited to the 
enhancement of in-house expertise; development of baseline information 
such as species lists, population dynamics, habitat mapping, etc.; 
development of long-term partnerships; development and implementation 
of conservation and restoration management plans; establishment of 
permanent facilities for fish and wildlife such as hatcheries, 
laboratories, enclosures, etc.; acquisition of necessary equipment; 
enhancement of regulatory authority; and gaining recognition as a 
participant in local, regional, or national natural resources 
management and conservation issues.
    Designed to encourage and support the development of new tribal 
fish and wildlife management initiatives and partnerships, capacity 
building is a significant component of the TWG proposal scoring 
criteria. From a national perspective, capacity building has been 
successful, but we want to gain the insights of individual Tribes 
regarding the importance of capacity building in the proposal scoring 
criteria.

Section 3. New Challenges and Opportunities.

    Despite the success of TWG, tribal wildlife resources will continue 
to confront new challenges. Tribal agencies must address issues such as 
limited financial resources, global climate change, implementing 
landscape-level conservation planning, urban sprawl and encroachment, 
and a society that is increasingly disconnected from the natural 
environment.
    The processes and partnerships that have been established through 
the successful implementation of TWG provide the Service and our tribal 
partners an effective mechanism for helping to address these 
challenges. We are seeking innovative ways to use TWG to address these 
important issues in Indian Country. Below is a list of FWS challenges 
and opportunities. Please comment on these challenges and opportunities 
or provide alternative ones.

3.1. Connecting People with Nature.

    The TWG Program should take positive steps to encourage and nurture 
interest in the natural world. Reconnecting people with nature through 
hunting and fishing activities and educational opportunities is gaining 
in importance, considering the downward trends of participation in 
hunting, fishing, and boating, and the fact that those persons who 
participate in these activities are the primary financial contributors 
to wildlife and habitat conservation in the United States.

3.2. Address Climate Change.

    Climate change has the potential to alter native and managed 
habitats significantly, to increase the likelihood of species 
extinctions, to stress native and non-native wildlife populations, and 
to affect how people are able to use fish and wildlife resources. 
Anticipating and responding to the limitations and opportunities 
resulting from projected climate change in particular areas will be a 
unique challenge for all fish and wildlife agencies.

3.3. Strengthening and Expanding Partnerships.

    The success of the TWG Program has been due in large part to the 
effective partnerships between tribal agencies and the Service. 
Continuing this success and achieving the intended outcomes will 
require that these partnerships are maintained and strengthened. In 
addition, trends in climate change and the public's connection to 
nature pose challenges, but they also present opportunities to build 
more and better support for conservation through existing and new 
partners.

Section 4. Proposed Performance Measures.

     We have a responsibility to the American public and congress to be 
accountable for the program's activities and actions, including our 
expenditure of public funds through TWG. In order to report TWG 
accomplishments in a meaningful way, we must identify what goals are 
intended (see 4.1, TWG goals) and what measures contribute to those 
goals (see 4.2, Proposed Measures). Reporting is a critical component 
in maintaining and strengthening the established partnerships between 
the Tribes and the Service. Section 4.2 contains a comprehensive list 
of possible measures: We would like to identify four or five of these 
measures to use to begin quantifying the benefits of TWG. Please let us 
know which measures you think are most important and would be most 
effective and efficient for tribal governments and the Service to use 
to determine the program's success.

4.1. TWG Goals

4.1.1. Efficient and Consistent Administration.

    This goal supports the Service's priority to maintain fiscal and 
administrative integrity and accountability to the public, and as 
required by law, OMB circular A-87 and the President's Management 
Agenda.
    The TWG program will ensure sound administration and oversight of 
program funds and activities in accordance with core values and 
applicable laws, regulations, and policies.

4.1.2. Acknowledge the Special Political Status of Indian Tribes.

    This goal supports the Service's priority of working with others 
towards conservation at the landscape level.
    The Service will ensure that Service employees recognize and 
understand the government-to-government relationship due federally 
recognized Indian tribal governments and will implement TWG 
accordingly.

4.1.3. Management of Fish, Wildlife, and their Habitats.

    This goal supports migratory bird conservation and management, 
achieving recovery and preventing extinction of threatened and 
endangered species, and management of aquatic species identified in the 
National Fish Habitat Action Plan and other trust species.
    The TWG program will help tribal agencies to maintain and enhance 
sustainable, healthy populations of fish, wildlife, and the habitats to 
support them with a special emphasis on the priorities that our tribal 
partners share with the Service.

4.1.4. Utilization of Fish, Wildlife, and their Habitats.

    This goal supports the Service's priority of working with others 
towards conservation at the landscape level, conservation and 
management of migratory birds, management of aquatic species identified 
in the National Fish Habitat Action Plan and other trust species, and 
ensuring the future of conservation by connecting people with nature.
    The TWG program will help tribal agencies to support the rich 
cultural and spiritual heritage of Native Americans associated with 
fish and wildlife, as well as traditional uses of fish and wildlife and 
their habitats such as hunting, fishing, trapping, wildlife 
observation, conservation, and conservation education.

[[Page 72831]]

4.1.5. Address the Future Conservation Challenges of Indian Tribes.

    This goal supports the Service's priority of working with Indian 
tribal governments.
    The TWG program will support the efforts of tribal governments to 
address the challenges of limited financial resources, global climate 
change, urban sprawl and encroachment, and a society that is 
increasingly disconnected from the natural environment.

4.2. Proposed Measures

    In establishing measures to report the effectiveness of TWG, it is 
important to consider the ease by which the information is, and can be 
gathered and compiled for reporting purposes. A best-case scenario will 
enable the Service to capture data that are generated automatically in 
the established activities and actions inherent to the administration 
and implementation of TWG projects.

4.2.1. Efficient and Consistent Administration.

    Annually report the percentage of open grants in which all fiscal 
reporting documents are submitted by required due dates.

4.2.2. Acknowledge the Special Status of Indian Tribes.

     Annually report the number of Service employees who have received 
training on the special status of federally recognized Indian tribal 
governments.

4.2.3. Management of Fish, Wildlife, and their Habitats.

    A. Annually report the number of riparian (stream/shoreline) miles 
managed or protected to maintain desired conditions, including miles 
managed or protected through partnerships, as specified in management 
plans or agreements through the TWG.
    B. Annually report the number of wetland, upland, and marine and 
coastal acres restored, including acres restored through partnerships, 
as specified in management plans or agreements through the TWG.
    C. Annually report the number of upland acres restored, including 
acres restored through partnerships, as specified in management plans 
or agreements through the TWG.
    D. Annually report the number of upland acres enhanced/restored 
through the TWG.
    E. Annually report the number of coastal and marine acres restored, 
including acres restored through partnerships, as specified in 
management plans or agreements through the TWG.
    F. Annually report the number of upland acres managed or protected 
to maintain desired condition, including acres managed or protected 
through partnerships, as specified in management plans or agreements 
through the TWG.
    G. Report an annual list of threatened or endangered species 
stabilized or improved through the TWG.
    H. Annually report the number of acres contaminated with invasive 
plant species that are managed through the TWG.
    I. Report an annual list of invasive animal species that are 
managed through the TWG.
    J. Annually report the percent of planned tasks implemented for 
tribal fish and wildlife conservation as prescribed by management plans 
or agreements through the TWG.

4.2.4. Utilization of Fish, Wildlife, and their Habitats.

    To measure how the TWG program helps tribal agencies support the 
rich cultural and spiritual heritage of Native Americans associated 
with fish and wildlife, as well as traditional uses of fish and 
wildlife and their habitats, such as hunting, fishing, trapping, 
wildlife observation, conservation, and conservation education.
    A. Report an annual list of fish and wildlife species and their 
habitats that are protected under new tribal ordinance or management 
plans as a result of TWG projects and are of special Native American 
cultural or religious concern.
    B. Report an annual list of fish and wildlife species populations 
that are enhanced or stabilized as a result of TWG projects and are of 
special Native American cultural or religious concern.

4.2.5. Address the Future Conservation Challenges of Indian Tribes.

    A. Annually report the number of TWG project activities or products 
implemented to address the long-term effects of global climate change 
affecting Indian Tribes.
    B. Annually report personnel development, partnerships, and 
institutional consistency.
    C. Annually report the number of individuals participating in TWG 
project activities that engage them in outdoor education and related 
activities.

Section 5. Additional Comments.

    In addition to the specific items above, the Service encourages any 
additional comments, criticisms, and recommendations regarding TWG that 
will improve its effectiveness and efficiency.

III. List of Native American Liaisons

 
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                                                                    Regional Native
            Service Region                 States where the        American Liaison &       Where to send your
                                          project will occur          phone number           project proposal
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Region 1                               Hawaii, Idaho, Oregon,   Pat Gonzales-Rogers      U.S. Fish and Wildlife
                                        and                      (503) 231-6123........   Service
                                       Washington.............                            Native American
                                                                                          Liaison
                                                                                          Eastside Federal
                                                                                          Complex
                                                                                          911 N.E. 11th Avenue
                                                                                          Portland, OR 97232-
                                                                                          4181
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Region 2                               Arizona, New Mexico,     Joe Early                U.S. Fish and Wildlife
                                        Oklahoma,                (505) 248-6602........   Service
                                       and Texas..............                           Native American Liaison
                                                                                         500 Gold Avenue, SW
                                                                                         P.O. Box 1306
                                                                                         Albuquerque, NM 87103-
                                                                                          1306
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Region 3                               Illinois, Indiana,       John Leonard             U.S. Fish and Wildlife
                                        Iowa, Michigan,         (612) 713-5108.........   Service
                                       Minnesota, Missouri,                              Native American Liaison
                                        Ohio, and.                                       1 Federal Drive
                                       Wisconsin..............                           Fort Snelling, MN 55111-
                                                                                          4080
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[[Page 72832]]

 
Region 4                               Alabama, Arkansas,       Jeffrey Fleming          U.S. Fish and Wildlife
                                        Florida,                (404) 679-7287.........   Service
                                       Georgia, Kentucky,                                ARD External Affairs
                                        Louisiana,.                                      1875 Century Blvd.
                                       Mississippi, North                                Atlanta, GA 30345
                                        Carolina,.
                                       South Carolina, and
                                        Tennessee.
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Region 5                               Connecticut, Delaware,   DJ Monette               U.S. Fish and Wildlife
                                        Maine,                  (413) 253-8662.........   Service
                                       Maryland,                                         Native American Liaison
                                        Massachusetts,.                                  300 Westgate Center
                                       New Hampshire, New                                 Drive
                                        Jersey,.                                         Hadley, MA 01035-9589
                                       New York, Pennsylvania,
                                       Rhode Island, Vermont,.
                                       Virginia, Washington
                                        D.C.,.
                                       and West Virginia......
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Region 6                               Colorado, Kansas,        Kim Greenwood            U.S. Fish and Wildlife
                                        Montana,                (303) 236-4575.........   Service
                                       Nebraska, North Dakota,                           Tribal Liaison
                                       South Dakota, Utah,....                           P.O. Box 25486
                                       and Wyoming............                           Denver CO 80225
----------------------------------------------------------------------------------------------------------------
Region 7                               Alaska                   Sue Detwiler             U.S. Fish and Wildlife
                                                                (907) 786-3868.........   Service
                                                                                         Native American Liaison
                                                                                         1011 East Tudor Road
                                                                                         Anchorage, AK 99503-
                                                                                          6199
----------------------------------------------------------------------------------------------------------------
Region 8                               California, Nevada and   David Wooten             Tribal Partnerships
                                        the                     (916) 414-6576.........   Specialist
                                       Klamath Basin..........                           Habitat Restoration
                                                                                          Division
                                                                                         2800 Cottage Way, Rm W-
                                                                                          2606
                                                                                         Sacramento, CA 95825
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    Dated: November 14, 2008

Lyle Laverty
Assistant Secretary for Fish and Wildlife and Parks

[FR Doc. E8-28341 Filed 11-28-08; 8:45 am]
BILLING CODE 4310-55-S