80 FR 60171 - List of Programs Eligible for Inclusion in Funding Agreements Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs and Fiscal Year 2015 Programmatic Targets

DEPARTMENT OF THE INTERIOR
Office of the Secretary

Federal Register Volume 80, Issue 192 (October 5, 2015)

Page Range		60171-60175
FR Document		2015-25313
This notice lists programs or portions of programs that are eligible for inclusion in funding agreements with self-governance Indian tribes and lists Fiscal Year 2015 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.
Federal Register, Volume 80 Issue 192 (Monday, October 5, 2015)
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60171-60175]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25313]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[167A2100DD/AAKC001030/A0A501010.999900]


List of Programs Eligible for Inclusion in Funding Agreements 
Negotiated With Self-Governance Tribes by Interior Bureaus Other Than 
the Bureau of Indian Affairs and Fiscal Year 2015 Programmatic Targets

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 funding agreements with self-governance 
Indian tribes and lists Fiscal Year 2015 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: Submit written comments on this notice on or before November 4, 
2015.

ADDRESSES: Send written comments to Ms. Sharee M. Freeman, Director, 
Office of Self-Governance (MS 355H-SIB), 1849 C Street NW., Washington, 
DC 20240-0001, telephone: (202) 219-0240, fax: (202) 219-1404, or to 
the bureau-specific points of contact listed below.

FOR FURTHER INFORMATION CONTACT: Inquiries regarding this notice may be 
directed to Ms. Sharee M. Freeman at (202) 219-0240.

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 tribe.
    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 tribe 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 non-BIA Bureaus will determine whether a specific function 
is inherently Federal on a case-by-case basis considering the totality 
of circumstances. In those instances where the tribe disagrees with the 
Bureau's determination, the tribe may request reconsideration from the 
Secretary.

[[Page 60172]]

    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

    The Office of Natural Resources Revenue (ONRR) proposed new 
language to update Section III. C. Eligible Office of Natural Resources 
Revenue (ONRR) Programs to revise its contact information as well as 
the introduction to program functions that may be available to self-
governance tribes. The changes were made.

II. Funding Agreements Between Self-Governance Tribes and Non-BIA 
Bureaus of the Department of the Interior for Fiscal Year 2015

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 (2)
    Grand Portage Band of Lake Superior Chippewa Indians
    Maniilaq
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 they are either ``otherwise available to Indians'' 
under Title I and not precluded by any other law, or may have ``special 
geographic, historical, or cultural significance'' to a participating 
tribe. The list represents the most current information on programs 
potentially available to tribes under a self-governance funding 
agreement.
    The 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, depending upon availability of funds, the need for 
specific services, and the self-governance tribe's demonstration of a 
special geographic, cultural, 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 (MS L St-204), 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 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, enhancement of fish and wildlife habitats; and outdoor 
recreation.
    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


[[Page 60173]]


    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. Kelly 
Titensor, Policy Analyst, Native American and International Affairs 
Office, Bureau of Reclamation (96-43000) (MS 7069-MIB); 1849 C Street 
NW., Washington, DC 20240, telephone: (202) 513-0558, fax: (202) 513-
0311.

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

    The Office of Natural Resources Revenue (ONNR) 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 to self-governance tribes 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 promotes Tribal self-governance and self-
determination over trust lands and resources through the following 
program functions that may be available to self-governance tribes:
    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.)
    2. Verification of Tribal Royalty Payments. Financial compliance 
verification, 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 term 
is defined in FOGRMA and implementing regulations at 30 CFR 228.4.
    For questions regarding self-governance, contact Paul Tyler, 
Program Manager, Office of Natural Resources Revenue, Denver Federal 
Center, 6th & Kipling, Building 67, Room 698, Denver, Colorado 80225-
0165, telephone: (303) 231-3413, fax: (303) 231-3091.

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

[[Page 60174]]

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. Pecos National Historic Park--New Mexico
49. White Sands National Monument--New Mexico
50. Fort Stanwix National Monument--New York
51. Great Smoky Mountains National Park--North Carolina/Tennessee
52. Cuyahoga Valley National Park--Ohio
53. Hopewell Culture National Historical Park--Ohio
54. Chickasaw National Recreation Area--Oklahoma
55. John Day Fossil Beds National Monument--Oregon
56. Alibates Flint Quarries National Monument--Texas
57. Guadalupe Mountains National Park--Texas
58. Lake Meredith National Recreation Area--Texas
59. Ebey's Landing National Recreation Area--Washington
60. Mt. Rainier National Park--Washington
61. Olympic National Park--Washington
62. San Juan Islands National Historic Park--Washington
63. Whitman Mission National Historic Site--Washington

    For questions regarding self-governance, contact Joe Watkins, 
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, email: 
joe_watkins@nps.gov.

E. Eligible Fish and Wildlife Service (Service) Programs

    The mission of the Service 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. 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) or candidate species 
under the ESA. These activities may include, but are not 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, to 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 National Wildlife Refuges and 
Tribes that may be eligible for a self-governance funding agreement. 
Such activities may include, but are not limited to: Tagging, 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

[[Page 60175]]

9. Ninepipe National Wildlife Refuge--Montana
10. Pablo National Wildlife Refuge--Montana
11. Sequoyah National Wildlife Refuge--Oklahoma
12. Tishomingo National Wildlife Refuge--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 Scott Aikin, 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 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, 
Esq., National Tribal Liaison, U.S. Geological Survey, 12201 Sunrise 
Valley Drive, 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 Office of Self-Governance (OSG) 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 OSG, 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 OSG 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 OSG 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

    The programmatic target for Fiscal Year 2015 provides that, upon 
request of a self-governance tribe, each non-BIA bureau will negotiate 
funding agreements for its eligible programs beyond those already 
negotiated.

V. Public Disclosure

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

     Dated: September 29, 2015.
Sally Jewell,
Secretary.
[FR Doc. 2015-25313 Filed 10-2-15; 8:45 am]
 BILLING CODE 4337-15-P
Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices 60171

Next Steps include any amendment to the terms of BIA are eligible to be planned,
We will evaluate the HCP, as well as the compact. The Rosebud Sioux Tribe conducted, consolidated, and
any comments we receive, to determine of the Rosebud Indian Reservation and administered by a self-governance tribe.
whether implementation of the HCP the State of South Dakota have reached Under section 405(c) of the Tribal
would meet the criteria for issuance of an agreement to extend the expiration of Self-Governance Act, the Secretary of
a permit under section 10(a)(1)(B) of the their existing Tribal-State Class III the Interior is required to publish
gaming compact to February 5, 2016. annually: (1) A list of non-BIA
ESA. We will also evaluate whether the
This publishes notice of the new programs, services, functions, and
proposed permit action would comply
expiration date of the compact. activities, or portions thereof, that are
with section 7 of the ESA by conducting
eligible for inclusion in agreements
an intra-Service section 7 consultation. Dated: September 29, 2015.
negotiated under the self-governance
We will consider the results of this Kevin K. Washburn,
program; and (2) programmatic targets
consultation, in combination with the Assistant Secretary—Indian Affairs. for these bureaus.
above findings, in our final analysis to [FR Doc. 2015–25307 Filed 10–2–15; 8:45 am] Under the Tribal Self-Governance Act,
determine whether or not to issue a BILLING CODE 4337–15–P two categories of non-BIA programs are
permit to the ODOT. We will not make eligible for self-governance funding
the final NEPA and permit decisions agreements:
until after the end of the 30-day public DEPARTMENT OF THE INTERIOR (1) Under section 403(b)(2) of the Act,
comment period on this notice, and we any non-BIA program, service, function,
will fully consider all comments we Office of the Secretary or activity that is administered by
receive during the public comment [167A2100DD/AAKC001030/ Interior that is ‘‘otherwise available to
period. If we determine that the permit A0A501010.999900] Indian tribes or Indians,’’ can be
issuance requirements are met, the administered by a tribe through a self-
Service will issue a permit to the ODOT. List of Programs Eligible for Inclusion governance funding agreement. The
Authority in Funding Agreements Negotiated Department interprets this provision to
With Self-Governance Tribes by authorize the inclusion of programs
We provide this notice in accordance Interior Bureaus Other Than the eligible for self-determination contracts
with the requirements of section 10 of Bureau of Indian Affairs and Fiscal under Title I of the Indian Self-
the ESA (16 U.S.C. 1531 et seq.), and Year 2015 Programmatic Targets Determination and Education
NEPA (42 U.S.C. 4321 et seq.) and their Assistance Act (Pub. L. 93–638, as
implementing regulations (50 CFR 17.22 AGENCY: Office of the Secretary, Interior.
amended). Section 403(b)(2) also
and 40 CFR 1506.6, respectively). ACTION: Notice. specifies, ‘‘nothing in this subsection
Paul Henson, SUMMARY: This notice lists programs or may be construed to provide any tribe
Oregon State Supervisor, U.S. Fish and portions of programs that are eligible for with a preference with respect to the
Wildlife Service, Portland, Oregon. inclusion in funding agreements with opportunity of the tribe to administer
[FR Doc. 2015–25216 Filed 10–2–15; 8:45 am] self-governance Indian tribes and lists programs, services, functions, and
BILLING CODE 4333–15–P Fiscal Year 2015 programmatic targets activities, or portions thereof, unless
for each of the non-Bureau of Indian such preference is otherwise provided
Affairs (BIA) bureaus in the Department for by law.’’
DEPARTMENT OF THE INTERIOR of the Interior, pursuant to the Tribal (2) Under section 403(c) of the Act,
Self-Governance Act. the Secretary may include other
Bureau of Indian Affairs programs, services, functions, and
DATES: Submit written comments on
activities or portions thereof that are of
[156A2100DD/AAKC001030/ this notice on or before November 4,
‘‘special geographic, historical, or
A0A501010.999900 253G] 2015.
cultural significance’’ to a self-
ADDRESSES: Send written comments to governance tribe.
Indian Gaming
Ms. Sharee M. Freeman, Director, Office Under section 403(k) of the Tribal
AGENCY: Bureau of Indian Affairs, of Self-Governance (MS 355H–SIB), Self-Governance Act, funding
Interior. 1849 C Street NW., Washington, DC agreements cannot include programs,
ACTION: Notice of extension of Tribal— 20240–0001, telephone: (202) 219–0240, services, functions, or activities that are
State Class III Gaming Compact. fax: (202) 219–1404, or to the bureau- inherently Federal or where the statute
specific points of contact listed below. establishing the existing program does
SUMMARY: This publishes notice of the FOR FURTHER INFORMATION CONTACT: not authorize the type of participation
Extension of the Class III gaming Inquiries regarding this notice may be sought by the tribe. However, a tribe (or
compact between the Rosebud Sioux directed to Ms. Sharee M. Freeman at tribes) need not be identified in the
Tribe of the Rosebud Indian Reservation (202) 219–0240. authorizing statutes in order for a
and the State of South Dakota. program or element to be included in a
SUPPLEMENTARY INFORMATION:
DATES: Effective October 5, 2015. self-governance funding agreement.
FOR FURTHER INFORMATION CONTACT: Ms. I. Background While general legal and policy guidance
Paula L. Hart, Director, Office of Indian Title II of the Indian Self- regarding what constitutes an inherently
Gaming, Office of the Deputy Assistant Determination Act Amendments of 1994 Federal function exists, the non-BIA
Secretary—Policy and Economic
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(Pub. L. 103–413, the ‘‘Tribal Self- Bureaus will determine whether a
Development, Washington, DC 20240, Governance Act’’ or the ‘‘Act’’) specific function is inherently Federal
(202) 219–4066. instituted a permanent self-governance on a case-by-case basis considering the
SUPPLEMENTARY INFORMATION: Pursuant program at the Department of the totality of circumstances. In those
to 25 CFR 293.5, an extension to an Interior. Under the self-governance instances where the tribe disagrees with
existing tribal-state Class III gaming program, certain programs, services, the Bureau’s determination, the tribe
compact does not require approval by functions, and activities, or portions may request reconsideration from the
the Secretary if the extension does not thereof, in Interior bureaus other than Secretary.

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60172 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices

Subpart G of the self-governance sections 403(b)(2) or 403(c) of the Act. 4. Riparian Management. Activities,
regulations found at 25 CFR part 1000 Tribes with an interest in such potential such as facilities construction, erosion
provides the process and timelines for agreements are encouraged to begin control, rehabilitation, and other similar
negotiating self-governance funding discussions with the appropriate non- activities, may be available in specific
agreements with non-BIA bureaus. BIA bureau. States.
5. Recreation Management. Activities,
Response to Comments A. Eligible Bureau of Land Management
such as facilities construction and
The Office of Natural Resources (BLM) Programs
maintenance, interpretive design and
Revenue (ONRR) proposed new The BLM carries out some of its construction, and similar activities may
language to update Section III. C. activities in the management of public be available in specific States.
Eligible Office of Natural Resources lands through contracts and cooperative 6. Wildlife and Fisheries Habitat
Revenue (ONRR) Programs to revise its agreements. These and other activities, Management. Activities, such as
contact information as well as the depending upon availability of funds, construction and maintenance,
introduction to program functions that the need for specific services, and the implementation of statutory, regulatory
may be available to self-governance self-governance tribe’s demonstration of and policy or administrative plan-based
tribes. The changes were made. a special geographic, cultural, or species protection, interpretive design
II. Funding Agreements Between Self- historical connection, may also be and construction, and similar activities
Governance Tribes and Non-BIA available for inclusion in self- may be available in specific States.
Bureaus of the Department of the governance funding agreements. Once a 7. Wild Horse Management.
Interior for Fiscal Year 2015 tribe has made initial contact with the Activities, such as wild horse round-
BLM, more specific information will be ups, adoption and disposition,
A. Bureau of Land Management (1) provided by the respective BLM State including operation and maintenance of
Council of Athabascan Tribal office. wild horse facilities, may be available in
Governments Some elements of the following specific States.
B. Bureau of Reclamation (5) programs may be eligible for inclusion For questions regarding self-
Gila River Indian Community in a self-governance funding agreement. governance, contact Jerry Cordova,
Chippewa Cree Tribe of Rocky Boy’s This listing is not all-inclusive, but is Bureau of Land Management (MS L St–
Reservation representative of the types of programs 204), 1849 C Street NW., Washington,
Hoopa Valley Tribe DC 20240, telephone: (202) 912–7245,
that may be eligible for tribal
Karuk Tribe of California
participation through a funding fax: (202) 452–7701.
Yurok Tribe
agreement.
C. Office of Natural Resources Revenue B. Eligible Bureau of Reclamation
(none) Tribal Services Programs
D. National Park Service (2) The mission of the Bureau of
1. Minerals Management. Inspection
Grand Portage Band of Lake Superior
and enforcement of Indian oil and gas Reclamation (Reclamation) is to manage,
Chippewa Indians
operations: Inspection, enforcement and develop, and protect water and related
Maniilaq
production verification of Indian coal resources in an environmentally and
E. Fish and Wildlife Service (2)
and sand and gravel operations are economically sound manner in the
Council of Athabascan Tribal
already available for contracts under interest of the American public. To this
Governments
Title I of the Act and, therefore, may be end, most of Reclamation’s activities
Confederated Salish and Kootenai
available for inclusion in a funding involve the construction, operation and
Tribes of the Flathead Reservation
F. U.S. Geological Survey (none) agreement. maintenance, and management of water
G. Office of the Special Trustee for 2. Cadastral Survey. Tribal and resources projects and associated
American Indians (1) allottee cadastral survey services are facilities, as well as research and
Confederated Salish and Kootenai already available for contracts under development related to its
Tribes of the Flathead Reservation Title I of the Act and, therefore, may be responsibilities. Reclamation water
available for inclusion in a funding resources projects provide water for
III. Eligible Programs of the Department agreement. agricultural, municipal and industrial
of the Interior Non-BIA Bureaus water supplies; hydroelectric power
Other Activities generation; flood control, enhancement
Below is a listing by bureau of the
types of non-BIA programs, or portions 1. Cultural heritage. Cultural heritage of fish and wildlife habitats; and
thereof, that may be eligible for self- activities, such as research and outdoor recreation.
governance funding agreements because inventory, may be available in specific Components of the following water
they are either ‘‘otherwise available to States. resource projects listed below may be
Indians’’ under Title I and not 2. Natural Resources Management. eligible for inclusion in a self-
precluded by any other law, or may Activities such as silvicultural governance annual funding agreement.
have ‘‘special geographic, historical, or treatments, timber management, cultural This list was developed with
cultural significance’’ to a participating resource management, watershed consideration of the proximity of
tribe. The list represents the most restoration, environmental studies, tree identified self-governance tribes to
current information on programs planting, thinning, and similar work, Reclamation projects.
may be available in specific States.
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potentially available to tribes under a 1. Klamath Project, California and
self-governance funding agreement. 3. Range Management. Activities, Oregon
The Department will also consider for such as revegetation, noxious weed 2. Trinity River Fishery, California
inclusion in funding agreements other control, fencing, construction and 3. Central Arizona Project, Arizona
programs or activities not listed below, management of range improvements, 4. Rocky Boy’s/North Central Montana
but which, upon request of a self- grazing management experiments, range Regional Water System, Montana
governance tribe, the Department monitoring, and similar activities, may 5. Indian Water Rights Settlement
determines to be eligible under either be available in specific States. Projects, as authorized by Congress

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Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices 60175

9. Ninepipe National Wildlife Refuge— to serve Indian communities by V. Public Disclosure
Montana fulfilling Indian fiduciary trust Before including your address, phone
10. Pablo National Wildlife Refuge— responsibilities. This is to be number, email address, or other
Montana accomplished through the personal identifying information in your
11. Sequoyah National Wildlife implementation of a Comprehensive comment, you should be aware that
Refuge—Oklahoma Trust Management Plan (CTM) that is
12. Tishomingo National Wildlife your entire comment—including your
designed to improve trust beneficiary personal identifying information—may
Refuge—Oklahoma services, ownership information,
13. Bandon Marsh National Wildlife be made publicly available at any time.
management of trust fund assets, and While you can ask us in your comment
Refuge—Washington self-governance activities.
14. Dungeness National Wildlife to withhold your personal identifying
Refuge—Washington A tribe operating under self- information from public review, we
15. Makah National Fish Hatchery— governance may include the following cannot guarantee that we will be able to
Washington programs, services, functions, and do so.
16. Nisqually National Wildlife activities or portions thereof in a Dated: September 29, 2015.
Refuge—Washington funding agreement:
Sally Jewell,
17. Quinault National Fish Hatchery— 1. Beneficiary Processes Program Secretary.
Washington (Individual Indian Money Accounting [FR Doc. 2015–25313 Filed 10–2–15; 8:45 am]
18. San Juan Islands National Wildlife Technical Functions).
BILLING CODE 4337–15–P
Refuge—Washington
19. Tamarac National Wildlife Refuge— 2. Appraisal Services Program. Tribes/
Wisconsin consortia that currently perform these
programs under a self-governance DEPARTMENT OF THE INTERIOR
For questions regarding self- funding agreement with the Office of
governance, contact Scott Aikin, Fish Self-Governance (OSG) may negotiate a Bureau of Land Management
and Wildlife Service (MS–330), 4401 N. separate memorandum of understanding
Fairfax Drive, Arlington, VA 22203, [LLORS00300;
(MOU) with OST that outlines the roles L63100000.ES0000.15XL1116AF; HAG 15–
telephone: (703) 358–1728, fax: (703) and responsibilities for management of 0036]
358–1930. these programs.
F. Eligible U.S. Geological Survey The MOU between the tribe/ Classification and Lease for
(USGS) Programs consortium and OST outlines the roles Recreation and Public Purposes Act of
and responsibilities for the performance Public Land in Tillamook County, OR
The mission of the USGS is to collect,
analyze, and provide information on of the OST program by the tribe/ AGENCY: Bureau of Land Management,
biology, geology, hydrology, and consortium. If those roles and Interior.
geography that contributes to the wise responsibilities are already fully ACTION: Notice of realty action.
management of the Nation’s natural articulated in the existing funding
resources and to the health, safety, and agreement with the OSG, an MOU is not SUMMARY: The Bureau of Land
well-being of the American people. This necessary. To the extent that the parties Management (BLM) has examined and
information is usually publicly available desire specific program standards, an found suitable for classification and
and includes maps, data bases, and MOU will be negotiated between the lease to the Pacific City Joint Water-
descriptions and analyses of the water, tribe/consortium and OST, which will Sanitary Authority (PCJWSA) under the
plants, animals, energy, and mineral be binding on both parties and attached provisions of the Recreation and Public
resources, land surface, underlying and incorporated into the OSG funding Purposes (R&PP) Act, as amended, and
geologic structure, and dynamic agreement. the Taylor Grazing Act, approximately
processes of the earth. The USGS does If a tribe/consortium decides to 77.75 acres of public land in Tillamook
not manage lands or resources. Self- assume the operation of an OST County, Oregon. The PCJWSA proposes
governance tribes may potentially assist program, the new funding for to use the land for an emergency
the USGS in the data acquisition and performing that program will come from response evacuation area and a public
analysis components of its activities. OST program dollars. A tribe’s newly- recreation area.
For questions regarding self- assumed operation of the OST DATES: Interested parties may submit
governance, contact Monique Fordham, program(s) will be reflected in the written comments regarding the
Esq., National Tribal Liaison, U.S. tribe’s OSG funding agreement. proposed classification and lease of
Geological Survey, 12201 Sunrise Valley public land on or before November 19,
Drive, Reston, VA 20192, telephone For questions regarding self-
governance, contact Lee Frazier, 2015.
703–648–4437, fax 703–648–6683.
Program Analyst, Office of External ADDRESSES: Written comments
G. Eligible Office of the Special Trustee Affairs, Office of the Special Trustee for concerning this notice should be
for American Indians (OST) Programs American Indians (MS 5140— MIB), addressed to the Field Manager, BLM,
The Department of the Interior has 1849 C Street NW., Washington, DC Tillamook Field Office, 4610 Third
responsibility for what may be the 20240–0001, phone: (202) 208–7587, Street, Tillamook, OR 97141. The
largest land trust in the world, fax: (202) 208–7545. Environmental Assessment documents
pertinent to this proposal may be
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approximately 56 million acres. OST IV. Programmatic Targets
oversees the management of Indian trust examined at http://www.blm.gov/or/
assets, including income generated from The programmatic target for Fiscal districts/salem/plans/nepa-
leasing and other commercial activities Year 2015 provides that, upon request of details.php?id=2782.
on Indian trust lands, by maintaining, a self-governance tribe, each non-BIA FOR FURTHER INFORMATION CONTACT:
investing and disbursing Indian trust bureau will negotiate funding Karen Schank, Field Manager, BLM
financial assets, and reporting on these agreements for its eligible programs Tillamook Field Office, at 503–815–
transactions. The mission of the OST is beyond those already negotiated. 1127. Persons who use a

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Document Created: 2015-12-15 08:52:25
Document Modified: 2015-12-15 08:52:25
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Submit written comments on this notice on or before November 4, 2015.
Contact		Inquiries regarding this notice may be directed to Ms. Sharee M. Freeman at (202) 219-0240.
FR Citation		80 FR 60171
80 FR 60171 - List of Programs Eligible for Inclusion in Funding Agreements Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs and Fiscal Year 2015 Programmatic Targets

DEPARTMENT OF THE INTERIOROffice of the Secretary

Federal Register Volume 80, Issue 192 (October 5, 2015)

DEPARTMENT OF THE INTERIOR
Office of the Secretary
