[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
[[Page 57072]]
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]
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