[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Notices]
[Pages 23257-23261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10940]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
List of Programs Eligible for Inclusion in Fiscal Year 1998
Annual 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 1998 annual funding agreements
with self-governance tribes and lists programmatic targets for each of
the non-BIA bureaus, pursuant to section 405(c)(4) of the Tribal Self-
Governance Act.
DATES: This notice expires on September 30, 1998.
ADDRESSES: Inquiries or comments regarding this notice may be directed
to the Office of Self-Governance, 1849 C Street NW, 2548 MIB,
Washington, DC 20240. Telephone (202) 219-0240 or to the bureau points
of contact listed below.
SUPPLENTARY INFORMATION:
I. Background
Title II of the Indian Self-Determination and Education Assistance
Act Amendments of 1994 (P.L. 103-413, the ``Self-Governance Act'' or
the ``Act'') instituted a permanent tribal self-governance program at
the Department of the Interior (DOI). Under the self-governance program
certain programs, functions, services, 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 Self-Governance Act, the Secretary of
the Interior is required to publish annually: (1) A list of non-BIA
programs, services, activities, and functions 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 Self-Governance Act, two categories of non-BIA programs
are eligible for self-governance funding agreements. 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 agreement. The Department
interprets this provision to authorize the inclusion of not only
programs eligible for self-determination contracting under Title I of
the Indian Self-Determination and Education Assistance Act (P.L. 93-
638), but also other programs which the Department determines are
appropriate and to the extent available under other laws for
contracting out or including in cooperative agreements.
Section 403(b)(2) also specifies that ``nothing is 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.'' Under section 403(c) of the
[[Page 23258]]
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 Self-Governance Act, annual 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 agreement. While general legal and policy guidance
regarding what constitutes an inherently Federal function exists, we
will determine whether a specific function is inherently Federal on a
case-by-case basis considering the totality of circumstances.
II. Annual Funding Agreements Between Self-Governance Tribes and Non-
BIA Bureaus of the Department of the Interior
During Fiscal Year 1995, two annual funding agreements to commence
in Fiscal Year 1996 were negotiated by the Bureau of Reclamation and
self-governance tribes for portions of the Central Arizona Project. One
was an annual funding agreement with the Salt River Pima Maricopa
Indian Community to administer and construct the community distribution
system on reservation lands as authorized by section 301(a) of the
Colorado River Basin Project Act. The work and terms of that funding
agreement are now complete. An annual funding agreement with the Gila
River Indian Community to develop portions of the irrigation system on
their reservation as authorized by section 301(a) of the Colorado River
Basin Project Act was begun in Fiscal Year 1996 and a successor
agreement is continuing in Fiscal Year 1997.
In Fiscal Year 1996, the National Park Service and Kawerak, Inc.
negotiated an annual funding agreement supported by funds from the
shared Beringian heritage program. This work will result in a more
complete record of Inuit, Siberian Yupik and Northern Norton Sound
Yupik culture, history, and traditional knowledge of the Bering Straits
region.
III. Eligible Programs of the Department of the Interior Non-BIA
Bureaus
Following this paragraph is a listing by bureau of the types of
non-BIA programs, or portions thereof, that may be eligible for self-
governance annual funding agreements because they are either
``otherwise available to Indians'' and not precluded by any other law,
or may have ``special geographic, historical, or cultural
significance'' to a participating tribe. This summary is a general
listing that represents the bureaus' best estimates of activities that
may be available for negotiation at the request of the self-governance
tribe. Since 1996, the Bureau of Mines no longer exists and therefore,
is not on this list.
The Department will also consider for inclusion in annual funding
agreements other programs or activities not included in this listing,
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. If you have any questions about these programs or other
programs that you may be interested in, please contact the appropriate
bureau representative.
A. Eligible Programs of the Bureau of Land Management (BLM)
BLM management responsibilities cover a wide range of areas such as
recreational activities, timber, range and minerals management,
wildlife habitat management and watershed restoration. In addition, BLM
is responsible for the survey of certain Federal and tribal lands. Two
programs also provide tribal services: (1) Tribal and allottee minerals
management; and (2) Survey of tribal and allottee lands. BLM contracts
out some of its activities in the management of public lands. These and
other activities, dependent upon the availability of funds, the need
for specific services, or the self-governance tribe demonstrating a
special geographic, cultural, or historical connection, may be
available for inclusion in agreements. Once a tribe has made initial
contact with BLM, more specific information will be provided by the
respective BLM State office.
Programs Otherwise Available
1. Cadastral Survey. Tribal and allottee cadastral survey services
are already available for contracts under Title I of the Act and may be
available for inclusion in an annual funding agreement.
2. Cultural Heritage. Cultural heritage activities, such as
research and inventory, may be available in specific States.
3. Forestry Management. Activities, such as environmental studies,
tree planting, thinning and similar work may be available in specific
States.
4. Minerals Management. Inspection and enforcement of Indian oil
and gas operations, infection, enforcement and production verification
of Indian sand and gravel operations: These activities, already
available for contracts under Title I of the Act, may be available for
inclusion in an annual funding agreement.
5. Range Management. Activities such as re-vegetation, noxious weed
control, fencing, and similar activities may be available in specific
States.
6. Riparian Management. Activities such as facilities construction,
erosion control, rehabilitation, and similar activities may be
available in specific States.
7. Recreation Management. Activities such as facilities
construction and maintenance, interpretive design and construction, and
similar activities may be available in specific States.
8. Wildlife and Fisheries Habitat Management. Activities such as
construction and maintenance, interpretive design and construction, and
similar activities may be available in specific States.
Potential Tribal Connection
1. Cultural Heritage. Cultural heritage activities, as well as
activities such as site monitoring, may be eligible in a specific
State.
2. Forestry Management. Some of these activities may be eligible in
specific States.
3. Range Management. Some of these activities may be eligible in a
specific State.
4. Riparian Management. Some of these activities may be eligible in
a specific State.
5. Recreation Management. Some of these activities may be eligible
in a specific State.
6. Wildlife and Fisheries Habitat Management. Some of these
activities may be eligible in a specific State.
For questions regarding Indian self-governance contact the BLM
Self-Governance Coordinator, Dr. Marilyn Nickels, Washington Office,
1849 C Street NW., Washington, DC 20240, (202) 452-0330, fax: (202)
452-7701. General information on all contracts available in a given
year through the BLM can be obtained from the BLM National Business
Center, PO Box 25047, Bldg 50 Denver Federal Center, Denver, CO 80225-
0047.
B. Eligible Programs of the Bureau of Reclamation
Reclamation operates a wide range of water resource management
projects for hydroelectric power generation, municipal and industrial
water
[[Page 23259]]
supplies, flood control, outdoor recreation, enhancement of fish and
wildlife habitats, and research. Most of Reclamation's activities
involve construction, operations and maintenance, and management of
water resources projects and associated facilities. Components of the
following Fiscal Year 1998 water resource management and construction
projects may be eligible for self-governance annual funding agreements.
1. Wetlands Enhancement Project (Sac and Fox Nation Of Oklahoma)--
OK.
2. Klamath Project--CA, OR.
3. Newlands Project--NV, CA.
4. Trinity River Restoration Program--CA.
5. Central Valley Project (Trinity Division)--CA.
6. Central Arizona Project--AZ, CA, NM, UT.
7. Colorado River Front Work/Levee System--AZ, CA, NV.
8. Lower Colorado Indian Water Management Study--AZ, CA, NV.
9. Middle Rio Grande Project--NM.
10. Washoe Project--NV, CA.
11. Yuma Area Projects--AZ, CA, NV.
12. Wild Horse Dam and Reservoir--NV.
13. Indian Water Rights Settlement Projects--as Congressionally
authorized.
For questions regarding self-governance contact Dr. Barbara
McDowell, Native American Affairs Office, Bureau of Reclamation (W-
6100), 1849 C Street NW., Washington, DC 20240-0001, (202) 208-4733,
fax: (202) 208-6688.
C. Eligible Programs of the Fish and Wildlife Service (FWS)
The mission of FWS is to conserve, protect, and enhance fish,
wildlife, 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. FWS has a continuing cooperative relationship with a number of
Indian tribes through the National Wildlife Refuge System and the
hatcheries program.
FWS will also discuss participation in any program with any Indian
tribe, self-governance or non-self-governance. Any self-governance
tribe may ask a wildlife refuge or fish hatchery directly about
contracting under the Self-Governance Act.
Some elements of the following programs may be eligible for
contracting under a self-governance annual funding agreement. The
listing below was developed considering the proximity of an identified
self-governance tribe to a national wildlife refuge or national fish
hatchery, and the types of programs that have components that may be
suitable for contracting through a self-governance annual funding
agreement.
Subsistence Programs Within Alaska
1. Fish and Wildlife Technical Assistance, Restoration and Conservation
a. Fish and wildlife population surveys.
b. Habitat surveys.
c. Sport fish restoration.
d. Feeding depredating migratory birds.
e. Fish and wildlife program planning.
f. Habitat restoration activities.
2. Endangered Species Program
a. Cooperative management of conservation programs.
b. Development of recovery plans.
c. Conducting status surveys for high priority candidate species.
d. Recovery plan implementation.
3. Education Programs
a. Interpretation.
b. Outdoor classrooms.
c. Visitor center operations.
d. Volunteer coordination efforts on and off-refuge.
4. Environmental Contaminants Program
a. Analytical devices.
b. Removal of underground storage tanks.
c. Specific cleanup activities.
d. Natural resource economic analysis.
e. Specific field data gathering efforts.
5. Hatchery Operations
a. Egg taking.
b. Rearing/feeding.
c. Disease treatment.
d. Tagging.
e. Clerical/facility maintenance.
6. Wetland and Habitat Conservation and Restoration
a. Construction.
b. Planning activities.
c. Habitat monitoring and management.
7. Conservation Law Enforcement
a. All law enforcement efforts under cross-deputization.
8. National Wildlife Refuge Operations and Maintenance
a. Construction.
b. Farming.
c. Concessions.
d. Maintenance.
e. Comprehensive management planning.
f. Biological program efforts.
g. Habitat management.
Locations of Wildlife Refuges
1. Humboldt Bay National Wildlife Refuge--CA.
2. Kootenai National Wildlife Refuge--ID.
3. Agassiz National Wildlife Refuge--MN.
4. Rice Lake National Wildlife Refuge--MN.
5. Mille Lacs National Wildlife Refuge--MN.
6. Pablo National Wildlife Refuge--MT.
7. Ninepipe National Wildlife Refuge--MT.
8. National Bison Range--MT.
9. Sequoyah National Wildlife Refuge--OK.
10. Tishomingo National Wildlife Refuge--OK.
11. Bandon Marsh National Wildlife Refuge--OR.
12. San Juan Islands National Wildlife Refuge--WA.
13. Dungeness National Wildlife Refuge--WA.
14. Nisqually National Wildlife Refuge--WA.
15. Alaska National Wildlife Refuge--AK.
16. Mescalero National Fish Hatchery--NM.
17. Alchesay National Fish Hatchery--AZ.
18. Quinault National Fish Hatchery--WA.
19. Makah National Fish Hatchery--WA
For questions regarding self-governance contact Duncan Brown,
Native American Liaison, Fish and Wildlife Service (MS3012), 1849 C
Street NW, Washington, D.C. 20240-0001, (202) 208-4133, fax: (202) 208-
7407.
D. Eligible Programs of the Minerals Management Service (MMS)
MMS provides responsible stewardship of America's offshore
resources and collects revenues generated from mineral leases on
Federal and Indian lands. MMS is responsible for the management of the
Federal Outer Continental Shelf, which are submerged lands off the
coasts that have significant energy and mineral resources. MMS also
offers mineral-owning tribes other opportunities to become involved in
MMS's Royalty Management Program functions. These programs address the
intent of Indian self-governance but are available regardless of self-
governance intentions or status and are a good prerequisite for
assuming other technical functions.
[[Page 23260]]
Within the offshore minerals management program, environmental
impact assessments and statements, and environmental studies, may be
available if a self-governance tribe demonstrates a special geographic,
cultural, or historical connection. Generally, royalty management
programs are available to tribes because of their status as Indians.
Royalty management programs that may be available to self-governance
tribes are as follows.
1. Audit of tribal royalty payments. Audit activities for tribal
leases, except for the issuance of orders, final valuation decisions,
and other enforcement activities. (For tribes already participating in
MMS delegated audits, this program is offered as an optional
alternative.)
2. Verification of tribal royalty payments. Financial compliance
verification and monitoring activities, production verification, and
appeals research and analysis.
3. Tribal royalty reporting, accounting and data management.
Establishment and management of royalty reporting and accounting
systems including document processing, production reporting, reference
data (lease, payor, agreement) management, billing and general ledger.
4. Tribal royalty valuation. Preliminary analysis and
recommendations for valuation and allowance determinations and
approvals.
5. Royalty Management of Allottee Leases. Royalty management of
allottee leases.
6. Online monitoring of royalties and accounts. Online computer
access to reports, payments, and royalty information contained in MMS
accounts. MMS will install equipment at tribal locations, train tribal
staff, and assist tribe in researching and monitoring all payments,
reports, accounts, and historical information regarding their leases.
7. Royalty Internship Program. A new 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 agreement but have not yet acquired mineral revenue
expertise via a FOGRMA section 202 contract.
For questions regarding self-governance contact Joan Killgore,
Royalty Liaison Office, Minerals Management Service, 1849 C Street NW,
Room 4241, Washington, D.C. 20240-0001, (202) 208-3512, fax (202) 208-
3982.
E. Eligible Programs of the National Park Service (NPS)
The National Park Service administers the National Park System made
up of national parks, monuments, historic sites, battlefields,
seashores, lake shores and recreation areas. NPS maintains the park
units, protects the natural and cultural resources, and conducts a
range of visitor services such as law enforcement, interpretation of
geology, history, and natural and cultural resources. Some elements of
these programs may be eligible for contracting under a self-governance
annual funding agreement. The following list was developed considering
the geographic proximity to, and/or traditional association of a self-
governance tribe with, units of the National Park system, and the types
of programs that have components that may be suitable for contracting
through a self-governance annual funding agreement.
1. Programs otherwise available (ongoing programs and activities).
Components of the programs on the following list are potentially
eligible for inclusion in a self-governance annual funding agreement.
Programs may be available within units of the National Park System.
a. Archaeological surveys.
b. Comprehensive management planning.
c. Cultural resource management projects.
d. Ethnographic studies.
e. Erosion control.
f. Fire protection.
g. Hazardous fuel reduction.
h. Housing construction and rehabilitation.
I. Gathering baseline subsistence data--AK.
j. Janitorial services.
k. Maintenance.
l. Natural resource management projects.
m. Range assessment--AK.
n. Reindeer grazing--AK.
o. Road repair.
p. Solid waste collection and disposal.
q. Trail rehabilitation.
2. Programs having a potential tribal connection (special
programs). Aspects of these programs may be available if a self-
governance tribe demonstrates a geographical, cultural, or historical
connection.
a. Beringia Research.
b. Elwha River Restoration.
3. Locations of Programs. Aspects of the ongoing programs and
activities may be available at the park units with known geographic,
cultural, or historical connections with a self-governance tribe.
a. Lake Clark National Park and Preserve--AK.
b. Katmai National Park and Preserve--AK.
c. Glacier Bay National Park and Preserve--AK.
d. Sitka National Historical Park--AK.
e. Kenai Fjords National Park--AK.
f. Wrangell-St. Elias National Park & Preserve--AK.
g. Bering Land Bridge National Park--AK.
h. Northwest Alaska Areas--AK.
I. Gates of the Arctic National Park & Preserve--AK.
j. Yukon Charlie Rivers National Preserve--AK.
k. Casa Grande Ruins National Monument--AZ.
l. Joshua Tree National Park--CA.
m. Redwoods National Park--CA.
n. Whiskeytown National Recreation Area--CA.
o. Hagerman Fossil Beds National Monument--ID.
p. Sleeping Bear Dunes National Lakeshore--MI.
q. Voyageurs National Park--MI.
r. Grand Portage National Monument--MN.
s. Bear Paw Battlefield, Nez Perce National Historical Park--MT.
t. Glacier National Park--MT.
u. Great Basin National Park--NV.
v. Bandelier National Monument--NM.
w. Hopewell Culture National Historical Park--OK.
x. Chickasaw National Recreation Area--OK.
y. Effigy Mounds National Monument--IA.
z. Olympic National Park--WA.
a-1. San Juan Islands National Historic Park--WA.
b-1. Mt. Rainier National Park--WA.
c-1. Ebey's Landing National Historical Reserve--WA.
While NPS has tried to indicate the types of programs that may be
available, this is not intended to be an all-inclusive listing. NPS
will also discuss participation in any program with an Indian tribe,
self-governance or non-self-governance.
For questions regarding self-governance contact Dr. Patricia
Parker, American Indian Liaison Office, National Park Service (2205),
PO Box 37127, Washington, D.C. 20013-7127; telephone (202) 208-5475,
fax (202) 273-0870.
F. Eligible Programs of the Office of Surface Mining (OSM)
OSM regulates surface coal mining and reclamation operations, and
reclaims abandoned coal mines, in cooperation with States and Indian
tribes.
[[Page 23261]]
1. Abandoned Mine land Reclamation Program. This program to restore
eligible lands mined and abandoned or left inadequately restored is
available to Indian tribes.
2. Control of the Environmental Impacts of Surface Coal Mining.
This program includes analyses, NEPA documentation, technical reviews,
and studies. Where surface coal mining exists on Indian land, certain
regulatory activities that are not inherently Federal, including, for
example, designation of areas unsuitable for mining, are available to
Indian tribes.
For questions regarding self-governance contact Maria Mitchell,
Office of Surface Mining Reclamation and Enforcement, 1951 Constitution
Ave. NW., (MS-210-SIB), Washington, DC 20240, telephone (202) 208-2865,
fax (202) 291-3111.
G. Eligible Programs of the U.S. Geological Survey (USGS)
The mission of the U.S. Geological Survey is to provide information
on biology, geology, hydrology, and cartography that contributes to the
wise management of the nation's natural resources and to the health,
safety, and well-being of the American people. Information includes
maps, data bases, and descriptions and analyses of the water, plants,
animals, energy, and mineral resources, land surface, underlying
geologic structure and dynamic processes of the earth. Information on
these scientific issues is developed through extensive research, field
studies, and comprehensive data collection to: Evaluate natural hazards
such as earthquakes, volcanoes, landslides, floods, droughts,
subsidence and other ground failures; assess energy, mineral, and water
resources in terms of their quality, quantity, and availability;
evaluate the habitats of animals and plants; and produce geographic,
cartographic, and remotely-sensed information in digital and non-
digital formats. No USGS programs are specifically available to
American Indians or Alaska Natives. Components of programs may have a
special geographic, cultural, or historical connection with a tribe.
1. Mineral, Environmental, and Energy Assessments. Components of
this program that involve geologic research, data acquisition, and
predictive modeling may be available for inclusion in an annual funding
agreement.
2. USGS Earthquake Hazards Reduction Programs. Components of this
program that involves research, data acquisition, and modeling related
to earthquakes and seismically active areas may be available for
inclusion in an annual funding agreement.
3. Water Resources Data Collection and Investigations. Components
of this program may be available for inclusion in an annual funding
agreement if a self-governance tribe demonstrates a special geographic,
cultural, or historical connection.
4. Biological Resources Inventory, Monitoring, Research and
Information Transfer Activities. Components of this program may be
available for inclusion in an annual funding agreement if a self-
governance tribe demonstrates a special geographic, cultural or
historical connection.
For questions regarding self-governance contact Sue Marcus,
American Indian/Alaska Native Liaison, U.S. Geological Survey, 105
National Center, Reston, VA 20192, telephone (703) 648-4437, fax (703)
648-5068.
IV. Programmatic Targets
Each of the non-BIA bureaus will successfully negotiate at least
one annual funding agreement with a self-governance tribe for
implementation in Fiscal Year 1998.
Dated: April 23, 1997.
Juliette Falkner,
Special Assistant to the Secretary.
[FR Doc. 97-10940 Filed 4-28-97; 8:45 am]
BILLING CODE 4310-10-M
