[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Notices]
[Pages 57068-57073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23683]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


List of Programs Eligible for Inclusion in Fiscal Year 2012 
Funding Agreements To Be Negotiated With Self-Governance Tribes by 
Interior Bureaus Other Than the Bureau of Indian Affairs

AGENCY: Office of the Secretary, Interior.

ACTION: Notice.

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SUMMARY: This notice lists programs or portions of programs that are 
eligible for inclusion in Fiscal Year 2012 funding agreements with 
self-governance Indian tribes and lists programmatic targets for each 
of the non-Bureau of Indian Affairs (BIA) bureaus in the Department of 
the Interior, pursuant to the Tribal Self-Governance Act.

DATES: This notice expires on September 30, 2012.

ADDRESSES: Inquiries or comments regarding this notice may be directed 
to Sharee M. Freeman, Director, Office of Self-Governance (MS 355H-
SIB), 1849 C

[[Page 57069]]

Street, NW., Washington, DC 20240-0001, telephone: (202) 219-0240, fax: 
(202) 219-1404, or to the bureau-specific points of contact listed 
below.

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. Under the self-governance program, certain programs, 
services, functions, and activities, or portions thereof, in Interior 
bureaus other than BIA are eligible to be planned, conducted, 
consolidated, and administered by a self-governance tribal government.
    Under section 405(c) of the Tribal Self-Governance 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 Tribal Self-Governance 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 Interior 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 for 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 Tribal Self-Governance 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, the Secretary will determine whether a specific function is 
inherently Federal on a case-by-case basis considering the totality of 
circumstances.
    Subpart G of the self-governance regulations found at 25 CFR part 
1000 provides the process and timelines for negotiating self-governance 
funding agreements with non-BIA bureaus.

Response to Comments

    Comments were received from two Tribal entities (Coquille Indian 
Tribe and Council of Athabascan Tribal Governments) and two Federal 
entities (National Park Service and U.S. Fish and Wildlife Service).
    The Coquille Indian Tribe suggested the following: (1) Revising 
Section I. Background [next to the last paragraph] to indicate that the 
Secretary (not each non-BIA bureau) will determine whether a specific 
function is inherently Federal on a case-by-case basis considering the 
totality of circumstances. This change was made; (2) Revising Section 
III. A. Eligible Bureau of Land Management (BLM) Programs [Other 
Activities paragraph] to change the title of Item 2. to Natural 
Resources Management (from Forestry Management) and insert 
silvicultural treatments, timber management, cultural resource 
management, watershed restoration as additional activities. This change 
was made; (3) Revising Section III. A. Eligible Bureau of Land 
Management (BLM) Programs [Other Activities paragraph] to insert 
implementation of statutory, regulatory and policy or administrative 
plan-based species protection efforts as additional activities to Item 
6. Wildlife and Fisheries Habitat Management. This change was made; (4) 
Add the Administration of Forest Management Deductions as a third 
program to Section III. G. Eligible Office of the Special Trustee for 
American Indians (OST) Programs. This change was not made. This is a 
decision beyond the authority of the Office of the Special Trustee for 
American Indians to make.
    The Council of Athabascan Tribal Governments suggested the 
following: (1) Listing the Council of Athabascan Tribal Governments in 
Section II. as having a Self-Governance Funding Agreement with the 
Bureau of Land Management. This change was made; and (2) Keep 
Subsistence Programs within the State of Alaska in the final Federal 
Register Notice and add to the eligible activities facilitation of 
Tribal Consultation to ensure ANILCA Title VII terms are being met, and 
activities fulfilling the terms of Title VIII of ANILCA. These changes 
were made.
    The National Park Service suggested adding the following three 
Parks to the National Park Service section listing Locations of 
National Park Service Units with Close Proximity to Self-Governance 
Tribes: (1) Isle Royale National Park--Michigan; (2) Great Smoky 
Mountains National Park--North Carolina/Tennessee; and (3) Yosemite 
National Park--California. These changes were made.
    The Fish and Wildlife Service suggested adding the following three 
Refuges to the Fish and Wildlife Service section listing Locations of 
Refuges and Hatcheries with Close Proximity to Self-Governance Tribes: 
(1) National Bison Range--Montana; (2) Ninepipe National Wildlife 
Refuge--Montana; and (3) Pablo National Wildlife Refuge--Montana. These 
changes were made.

II. Funding Agreements Between Self-Governance Tribes and Non-BIA 
Bureaus of the Department of the Interior for Fiscal Year 2011

A. Bureau of Land Management (1)
    Council of Athabascan Tribal Governments
B. Bureau of Reclamation (5)
    Gila River Indian Community
    Chippewa Cree Tribe of Rocky Boy's Reservation
    Hoopa Valley Tribe
    Karuk Tribe of California
    Yurok Tribe
C. Office of Natural Resources Revenue (none)
D. National Park Service (3)
    Grand Portage Band of Lake Superior Chippewa Indians
    Lower Elwha S'Klallam Tribe
    Yurok Tribe
E. Fish and Wildlife Service (2)
    Council of Athabascan Tribal Governments
    Confederated Salish and Kootenai Tribes of the Flathead Reservation
F. U.S. Geological Survey (none)
G. Office of the Special Trustee for American Indians (1)
    Confederated Salish and Kootenai Tribes of the Flathead Reservation

III. Eligible Programs of the Department of the Interior Non-BIA 
Bureaus

    Below is a listing by bureau of the types of non-BIA programs, or 
portions thereof, that may be eligible for self-governance funding 
agreements because

[[Page 57070]]

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 
lists represent the most current information on programs potentially 
available to tribes under a self-governance funding agreement.
    The Department will also consider for inclusion in funding 
agreements other programs or activities not listed below, but which, 
upon request of a self-governance tribe, the Department 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 discussions with the appropriate non-BIA bureau.

A. Eligible Bureau of Land Management (BLM) Programs

    The BLM carries out some of its activities in the management of 
public lands through contracts and cooperative agreements. These and 
other activities, dependent upon availability of funds, the need for 
specific services, and the self-governance tribe demonstrating a 
special geographic, culture, or historical connection, may also be 
available for inclusion in self-governance funding agreements. Once a 
tribe has made initial contact with the BLM, more specific information 
will be provided by the respective BLM State office.
    Some elements of the following programs may be eligible for 
inclusion in a self-governance funding agreement. This listing is not 
all-inclusive, but is representative of the types of programs that may 
be eligible for tribal participation through a funding agreement.
Tribal Services
    1. Minerals Management. Inspection and enforcement of Indian oil 
and gas operations: inspection, enforcement and production verification 
of Indian coal and sand and gravel operations are already available for 
contracts under Title I of the Act and, therefore, may be available for 
inclusion in a funding agreement.
    2. Cadastral Survey. Tribal and allottee cadastral survey services 
are already available for contracts under Title I of the Act and, 
therefore, may be available for inclusion in a funding agreement.
Other Activities
    1. Cultural heritage. Cultural heritage activities, such as 
research and inventory, may be available in specific States.
    2. Natural Resources Management. Activities such as silvicultural 
treatments, timber management, cultural resource management, watershed 
restoration, environmental studies, tree planting, thinning, and 
similar work, may be available in specific States.
    3. Range Management. Activities, such as revegetation, noxious weed 
control, fencing, construction and management of range improvements, 
grazing management experiments, range monitoring, and similar 
activities, may be available in specific States.
    4. Riparian Management. Activities, such as facilities 
construction, erosion control, rehabilitation, and other similar 
activities, may be available in specific States.
    5. Recreation Management. Activities, such as facilities 
construction and maintenance, interpretive design and construction, and 
similar activities may be available in specific States.
    6. Wildlife and Fisheries Habitat Management. Activities, such as 
construction and maintenance, implementation of statutory, regulatory 
and policy or administrative plan-based species protection, 
interpretive design and construction, and similar activities may be 
available in specific States.
    7. Wild Horse Management. Activities, such as wild horse round-ups, 
adoption and disposition, including operation and maintenance of wild 
horse facilities may be available in specific States.
    For questions regarding self-governance, contact Jerry Cordova, 
Bureau of Land Management (20 M St. WS-5242), 1849 C Street, NW., 
Washington, DC 20240, telephone: (202) 912-7245, fax: (202) 452-7701.

B. Eligible Bureau of Reclamation Programs

    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 agricultural, municipal 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 annual 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.
    4. Rocky Boy's/North Central Montana Regional Water System, 
Montana.
    5. Indian Water Rights Settlement Projects, as authorized by 
Congress.
    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.
    For questions regarding self-governance, contact Mr. Douglas 
Oellermann, Deputy Director, Native American and International Affairs 
Office, Bureau of Reclamation (96-43000) (MS 7069-MIB); 1849 C Street, 
NW., Washington, DC 20240, telephone: (202) 513-0560, fax: (202) 513-
0311.

C. Eligible Office of Natural Resources Revenue (ONRR) Programs

    Effective October 1, 2010, the Minerals Revenue Management program 
moved from the Bureau of Ocean Energy Management (formerly MMS) to the 
Office of the Assistant Secretary for Policy, Management and Budget 
(PMB) and became the Office of Natural Resources Revenue (ONRR). The 
ONRR collects, accounts for, and distributes mineral revenues from both 
Federal and Indian mineral leases.
    The ONRR also evaluates industry compliance with laws, regulations, 
and lease terms, and offers mineral-owning tribes opportunities to 
become involved in its programs that address the intent of tribal self-
governance. These programs are available regardless of self-governance 
intentions or status and are a good prerequisite for assuming other 
technical functions. Generally, ONRR program functions are available to 
tribes because of the Federal Oil and Gas Royalty Management Act of 
1983 (FOGRMA) at 30 U.S.C. 1701. The ONRR program functions that may be 
available to self-governance tribes include:
    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 
ONRR cooperative audits, this program is offered as an option.)

[[Page 57071]]

    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 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, 
Special Assistant to the Director, Office of Natural Resources Revenue, 
Office of the Assistant Secretary--Policy, Management and Budget--1801 
Pennsylvania Ave., NW., 4th Floor, 403D, Washington, DC 20006, 
telephone: (202) 254-5554, fax: (202) 254-5589.

D. Eligible National Park Service (NPS) Programs

    The National Park Service administers the National Park System, 
which is made up of national parks, monuments, historic sites, 
battlefields, seashores, lake shores and recreation areas. The National 
Park Service maintains the park units, protects the natural and 
cultural resources, and conducts a range of visitor services such as 
law enforcement, park maintenance, and interpretation of geology, 
history, and natural and cultural resources.
    Some elements of the following programs may be eligible for 
inclusion in a self-governance funding agreement. This list below was 
developed considering the proximity of an identified self-governance 
tribe to a national park, monument, preserve, or recreation area and 
the types of programs that have components that may be suitable for 
contracting through a self-governance funding agreement. This list is 
not all-inclusive, but is representative of the types of programs which 
may be eligible for tribal participation through funding agreements.
Elements of Programs That May Be Eligible for Inclusion in a Self-
Governance Funding Agreement
1. Archaeological Surveys
2. Comprehensive Management Planning
3. Cultural Resource Management Projects
4. Ethnographic Studies
5. Erosion Control
6. Fire Protection
7. Gathering Baseline Subsistence Data--Alaska
8. Hazardous Fuel Reduction
9. Housing Construction and Rehabilitation
10. Interpretation
11. Janitorial Services
12. Maintenance
13. Natural Resource Management Projects
14. Operation of Campgrounds
15. Range Assessment--Alaska
16. Reindeer Grazing--Alaska
17. Road Repair
18. Solid Waste Collection and Disposal
19. Trail Rehabilitation
20. Watershed Restoration and Maintenance
21. Beringia Research
22. Elwha River Restoration
23. Recycling Programs
Locations of National Park Service Units With Close Proximity to Self-
Governance Tribes
1. Aniakchack National Monument & Preserve--Alaska
2. Bering Land Bridge National Preserve--Alaska
3. Cape Krusenstern National Monument--Alaska
4. Denali National Park & Preserve--Alaska
5. Gates of the Arctic National Park & Preserve--Alaska
6. Glacier Bay National Park and Preserve--Alaska
7. Katmai National Park and Preserve--Alaska
8. Kenai Fjords National Park--Alaska
9. Klondike Gold Rush National Historical Park--Alaska
10. Kobuk Valley National Park--Alaska
11. Lake Clark National Park and Preserve--Alaska
12. Noatak National Preserve--Alaska
13. Sitka National Historical Park--Alaska
14. Wrangell-St. Elias National Park and Preserve--Alaska
15. Yukon-Charley Rivers National Preserve--Alaska
16. Casa Grande Ruins National Monument--Arizona
17. Hohokam Pima National Monument--Arizona
18. Montezuma Castle National Monument--Arizona
19. Organ Pipe Cactus National Monument--Arizona
20. Saguaro National Park--Arizona
21. Tonto National Monument--Arizona
22. Tumacacori National Historical Park--Arizona
23. Tuzigoot National Monument--Arizona
24. Arkansas Post National Memorial--Arkansas
25. Joshua Tree National Park--California
26. Lassen Volcanic National Park--California
27. Redwood National Park--California
28. Whiskeytown National Recreation Area--California
29. Yosemite National Park--California
30. Hagerman Fossil Beds National Monument--Idaho
31. Effigy Mounds National Monument--Iowa
32. Fort Scott National Historic Site--Kansas
33. Tallgrass Prairie National Preserve--Kansas
34. Boston Harbor Islands National Recreation Area--Massachusetts
35. Cape Cod National Seashore--Massachusetts
36. New Bedford Whaling National Historical Park--Massachusetts
37. Isle Royale National Park--Michigan
38. Sleeping Bear Dunes National Lakeshore--Michigan
39. Grand Portage National Monument--Minnesota
40. Voyageurs National Park--Minnesota
41. Bear Paw Battlefield, Nez Perce National Historical Park--Montana
42. Glacier National Park--Montana
43. Great Basin National Park--Nevada
44. Aztec Ruins National Monument--New Mexico
45. Bandelier National Monument--New Mexico
46. Carlsbad Caverns National Park--New Mexico
47. Chaco Culture National Historic Park--New Mexico
48. White Sands National Monument--New Mexico
49. Fort Stanwix National Monument--New York
50. Great Smoky Mountains National Park--North Carolina/Tennessee
51. Cuyahoga Valley National Park--Ohio
52. Hopewell Culture National Historical Park--Ohio
53. Chickasaw National Recreation Area--Oklahoma
54. John Day Fossil Beds National Monument--Oregon

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55. Alibates Flint Quarries National Monument--Texas
56. Guadalupe Mountains National Park--Texas
57. Lake Meredith National Recreation Area--Texas
58. Ebey's Landing National Recreation Area--Washington
59. Mt. Rainier National Park--Washington
60. Olympic National Park--Washington
61. San Juan Islands National Historic Park--Washington
62. Whitman Mission National Historic Site--Washington
    For questions regarding self-governance, contact Dr. Patricia 
Parker, Chief, American Indian Liaison Office, National Park Service 
(Org. 2560, 9th Floor), 1201 Eye Street, NW., Washington, DC 20005-
5905, telephone: (202) 354-6962, fax: (202) 371-6609.

E. Eligible Fish and Wildlife Service (Service) Programs

    The mission of the U.S. Fish & Wildlife Service is, working with 
others to conserve, protect, and enhance fish, wildlife, and plants and 
their habitats for the continuing benefit of the American people. 
Primary responsibilities are for migratory birds, endangered species, 
freshwater and anadromous fisheries, and certain marine mammals. The 
Service also has a continuing cooperative relationship with a number of 
Indian tribes throughout the National Wildlife Refuge System and the 
Service's fish hatcheries. Any self-governance tribe may contact a 
National Wildlife Refuge or National Fish Hatchery directly concerning 
participation in Service programs under the Tribal Self-Governance Act. 
This list is not all-inclusive, but is representative of the types of 
Service programs that may be eligible for tribal participation through 
an annual funding agreement.
    1. Subsistence Programs within the State of Alaska. Evaluate and 
analyze data for annual subsistence regulatory cycles and other data 
trends related to subsistence harvest needs, and facilitate Tribal 
Consultation to ensure ANILCA Title VII terms are being met as well as 
activities fulfilling the terms of Title VIII of ANILCA.
    2. Technical Assistance, Restoration and Conservation. Conduct 
planning and implementation of population surveys, habitat surveys, 
restoration of sport fish, capture of depredating migratory birds, and 
habitat restoration activities.
    3. Endangered Species Programs. Conduct activities associated with 
the conservation and recovery of threatened or endangered species 
protected under the Endangered Species Act (ESA); candidate species 
under the ESA may be eligible for self-governance funding agreements. 
These activities may include, but are limited to, cooperative 
conservation programs, development of recovery plans and implementation 
of recovery actions for threatened and endangered species, and 
implementation of status surveys for high priority candidate species.
    4. Education Programs. Provide services in interpretation, outdoor 
classroom instruction, visitor center operations, and volunteer 
coordination both on and off national Wildlife Refuge lands in a 
variety of communities, and assist with environmental education and 
outreach efforts in local villages.
    5. Environmental Contaminants Program. Conduct activities 
associated with identifying and removing toxic chemicals, which help 
prevent harm to fish, wildlife and their habitats. The activities 
required for environmental contaminant management may include, but are 
not limited to, analysis of pollution data, removal of underground 
storage tanks, specific cleanup activities, and field data gathering 
efforts.
    6. Wetland and Habitat Conservation Restoration. Provide services 
for construction, planning, and habitat monitoring and activities 
associated with conservation and restoration of wetland habitat.
    7. Fish Hatchery Operations. Conduct activities to recover aquatic 
species listed under the Endangered Species Act, restore native aquatic 
populations, and provide fish to benefit Tribes and National Wildlife 
Refuges that may be eligible for a self-governance funding agreement. 
Such activities may include, but are not limited to: taking, rearing 
and feeding of fish, disease treatment, tagging, and clerical or 
facility maintenance at a fish hatchery.
    8. National Wildlife Refuge Operations and Maintenance. Conduct 
activities to assist the National Wildlife Refuge System, a national 
network of lands and waters for conservation, management and 
restoration of fish, wildlife and plant resources and their habitats 
within the United States. Activities that may be eligible for a self-
governance funding agreement may include, but are not limited to: 
Construction, farming, concessions, maintenance, biological program 
efforts, habitat management, fire management, and implementation of 
comprehensive conservation planning.
Locations of Refuges and Hatcheries With Close Proximity to Self-
Governance Tribes
    The Service developed the list below based on the proximity of 
identified self-governance tribes to Service facilities that have 
components that may be suitable for contracting through a self-
governance funding agreement.
1. Alaska National Wildlife Refuges--Alaska
2. Alchesay National Fish Hatchery--Arizona
3. Humboldt Bay National Wildlife Refuge--California
4. Kootenai National Wildlife Refuge--Idaho
5. Agassiz National Wildlife Refuge--Minnesota
6. Mille Lacs National Wildlife Refuge--Minnesota
7. Rice Lake National Wildlife Refuge--Minnesota
8. National Bison Range--Montana
9. Ninepipe National Wildlife Refuge--Montana
10. Pablo National Wildlife Refute--Montana
11. Sequoyah National Wildlife Refuge--Oklahoma
12. Tishomingo National Wildlife Refute--Oklahoma
13. Bandon Marsh National Wildlife Refuge--Washington
14. Dungeness National Wildlife Refuge--Washington
15. Makah National Fish Hatchery--Washington
16. Nisqually National Wildlife Refuge--Washington
17. Quinault National Fish Hatchery--Washington
18. San Juan Islands National Wildlife Refuge--Washington
19. Tamarac National Wildlife Refuge--Wisconsin
    For questions regarding self-governance, contact Patrick Durham, 
Fish and Wildlife Service (MS-330), 4401 N. Fairfax Drive, Arlington, 
VA 22203, telephone: (703) 358-1728, fax: (703) 358-1930.

F. Eligible U.S. Geological Survey (USGS) Programs

    The mission of the USGS is to collect, analyze, and provide 
information on biology, geology, hydrology, and geography that 
contributes to the wise management of the Nation's natural resources 
and to the health, safety, and well-being of the American people. This 
information is usually publicly available and includes maps, data 
bases, and descriptions and analyses of the water, plants, animals, 
energy, and mineral resources, land surface, underlying geologic 
structure, and dynamic

[[Page 57073]]

processes of the earth. The USGS does not manage lands or resources. 
Self-governance tribes may potentially assist the USGS in the data 
acquisition and analysis components of its activities.
    For questions regarding self-governance, contact Monique Fordham, 
National Tribal Liaison, U.S. Geological Survey, 12201 Sunrise Valley 
Drive, Mail Stop 911, Reston, VA 20192, telephone 703-648-4437, fax 
703-648-6683.

G. Eligible Office of the Special Trustee for American Indians (OST) 
Programs

    The Department of the Interior has responsibility for what may be 
the largest land trust in the world, approximately 56 million acres. 
OST oversees the management of Indian trust assets, including income 
generated from leasing and other commercial activities on Indian trust 
lands, by maintaining, investing and disbursing Indian trust financial 
assets, and reporting on these transactions. The mission of the OST is 
to serve Indian communities by fulfilling Indian fiduciary trust 
responsibilities. This is to be accomplished through the implementation 
of a Comprehensive Trust Management Plan (CTM) that is designed to 
improve trust beneficiary services, ownership information, management 
of trust fund assets, and self-governance activities.
    A tribe operating under self-governance may include the following 
programs, services, functions, and activities or portions thereof in a 
funding agreement:
    1. Beneficiary Processes Program (Individual Indian Money 
Accounting Technical Functions).
    2. Appraisal Services Program. Tribes/consortia that currently 
perform these programs under a self-governance funding agreement with 
the BIA may negotiate a separate memorandum of understanding (MOU) with 
OST that outlines the roles and responsibilities for management of 
these programs.
    The MOU between the tribe/consortium and OST outlines the roles and 
responsibilities for the performance of the OST program by the tribe/
consortium. If those roles and responsibilities are already fully 
articulated in the existing funding agreement with the BIA, an MOU is 
not necessary. To the extent that the parties desire specific program 
standards, an MOU will be negotiated between the tribe/consortium and 
OST, which will be binding on both parties and attached and 
incorporated into the BIA funding agreement.
    If a tribe/consortium decides to assume the operation of an OST 
program, the new funding for performing that program will come from OST 
program dollars. A tribe's newly-assumed operation of the OST 
program(s) will be reflected in the tribe's funding agreement.
    For questions regarding self-governance, contact Lee Frazier, 
Program Analyst, Office of External Affairs, Office of the Special 
Trustee for American Indians (MS 5140--MIB), 1849 C Street, NW., 
Washington, DC 20240-0001, phone: (202) 208-7587, fax: (202) 208-7545.

IV. Programmatic Targets

    During Fiscal Year 2012, upon request of a self-governance tribe, 
each non-BIA bureau will negotiate funding agreements for its eligible 
programs beyond those already negotiated.

    Dated: August 26, 2011.
Ken Salazar,
Secretary.
[FR Doc. 2011-23683 Filed 9-14-11; 8:45 am]
BILLING CODE 4310-W8-P