81_FR_96727 81 FR 96476 - Guidelines for Implementing the Indian Child Welfare Act

81 FR 96476 - Guidelines for Implementing the Indian Child Welfare Act

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 251 (December 30, 2016)

Page Range96476-96477
FR Document2016-31726

This notice announces the availability of the Department's new Guidelines for Implementing the Indian Child Welfare Act. These guidelines are intended to assist those involved in child custody proceedings in understanding and uniformly applying the Indian Child Welfare Act (ICWA) and the Department's regulations. All such parties-- including the courts, State child welfare agencies, private adoption agencies, Tribes, and family members--have a stake in ensuring the proper implementation of this important Federal law designed to protect Indian children, their parents, and Indian tribes.

Federal Register, Volume 81 Issue 251 (Friday, December 30, 2016) 
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Notices]
[Pages 96476-96477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31726]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[178A2100DD/AAKC001030/A0A501010.999900 253G]


Guidelines for Implementing the Indian Child Welfare Act

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of the Department's new 
Guidelines for Implementing the Indian Child Welfare Act. These 
guidelines are intended to assist those involved in child custody 
proceedings in understanding and uniformly applying the Indian Child 
Welfare Act (ICWA) and the Department's regulations. All such parties--
including the courts, State child welfare agencies, private adoption 
agencies, Tribes, and family members--have a stake in ensuring the 
proper implementation of this important Federal law designed to protect 
Indian children, their parents, and Indian tribes.

ADDRESSES: The guidelines are available at: http://bia.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm. You can also 
reach this Web page by going to www.bia.gov and clicking the ``Indian 
Child Welfare Act'' icon on the right-hand side of the page.

FOR FURTHER INFORMATION CONTACT: For information on implementation of 
these guidelines, please contact Ms. Debra Burton, ICWA Specialist, 
Bureau of Indian Affairs, U.S. Department of the Interior, 1849 C 
Street NW., MS 3642, Washington, DC 20240, (202) 513-7610; 
[email protected]. For information regarding the development of 
these guidelines, please contact Ms. Elizabeth Appel, Office of 
Regulatory Affairs & Collaborative Action--Indian Affairs, U.S. 
Department of the Interior, 1849 C Street NW., MS 3642, Washington, DC 
20240, (202) 273-4680; [email protected].

SUPPLEMENTARY INFORMATION: The ICWA is a statute passed by Congress and 
codified in the United States Code (U.S.C.) at 25 U.S.C. 1901 et seq. 
The Department promulgated ICWA regulations to implement the statute; 
the regulations were published in the Federal Register at 81 FR 38778 
(June 14, 2016) and will be codified in the Code of Federal Regulations 
(CFR) at 25 CFR part 23.
    The Department is now issuing Guidelines for Implementing the 
Indian Child Welfare Act to complement the

[[Page 96477]]

regulations. While not imposing binding requirements, the guidelines 
provide a reference and resource for all parties involved in child 
custody proceedings involving Indian children. The guidelines explain 
the statute and regulations and also provide examples of best practices 
for the implementation of the statute, with the goal of encouraging 
greater uniformity in the application of ICWA. The guidelines replace 
the 1979 and 2015 versions of the Department's guidelines.
    The Department encourages all involved in child custody proceedings 
who seek to understand and uniformly apply ICWA and the Department's 
regulations to review the guidelines, which are available at the Web 
page listed in the ADDRESSES section of this notice.

    Dated: December 16, 2016.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2016-31726 Filed 12-29-16; 8:45 am]
 BILLING CODE 4337-15-P

96476 Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices their 1995 NCCP/HCP. Specific other environmental values or DEPARTMENT OF THE INTERIOR measures include implementing 61 resources; and operational protocols to minimize (3) Impacts of the HCP, considered Bureau of Indian Affairs impacts to covered species and together with the impacts of other past, [178A2100DD/AAKC001030/ deducting mitigation credits from present, and reasonably foreseeable A0A501010.999900 253G] existing preserved and managed lands similarly situated projects, would not conserved by SDG&E to benefit the result, over time, in cumulative effects Guidelines for Implementing the Indian covered species. to environmental values or resources Child Welfare Act Proposed Action and Alternatives that would be considered significant. Based upon this preliminary AGENCY: Bureau of Indian Affairs, The Proposed Action consists of the determination, we do not intend to Interior. issuance of an incidental take permit prepare further NEPA documentation. ACTION: Notice of availability. and implementation of the proposed We will consider public comments in HCP, which includes measures to avoid, SUMMARY: This notice announces the making the final determination on minimize, and mitigate impacts to 37 availability of the Department’s new whether to prepare such additional covered species. If we approve the Guidelines for Implementing the Indian documentation. permit, take of the 15 animal species Child Welfare Act. These guidelines are and impacts to 22 plant species would Next Steps intended to assist those involved in be authorized for SDG&E to conduct We will evaluate the proposed HCP child custody proceedings in O&M activities and minor new and comments we receive to determine understanding and uniformly applying construction. In the proposed HCP, the whether the permit application meets the Indian Child Welfare Act (ICWA) applicant considers alternatives to the the requirements and issuance criteria and the Department’s regulations. All taking of covered species under the under section 10(a) of the Act (16 U.S.C. such parties—including the courts, State proposed action. A ‘‘No Action’’ 1531 et seq.). We will also evaluate child welfare agencies, private adoption alternative was considered where whether issuance of a section 10(a)(1)(B) agencies, Tribes, and family members— SDG&E would continue to conduct its incidental take permit would comply have a stake in ensuring the proper activities in accordance with the with section 7 of the Act by conducting implementation of this important applicant’s 1995 NCCP/HCP until the an intra-Service consultation. We will Federal law designed to protect Indian 400-acre cap on habitat impacts is use the results of this consultation, in children, their parents, and Indian reached. Simultaneously, SDG&E would combination with the above findings, in tribes. work with the Service and the California our final analysis to determine whether ADDRESSES: The guidelines are available Department of Fish and Wildlife to or not to issue a permit. If the at: http://bia.gov/WhoWeAre/BIA/OIS/ develop and adopt a revised NCCP/HCP. requirements and issuance criteria HumanServices/ However, if this process is not under section 10(a) are met, we will IndianChildWelfareAct/index.htm. You completed by the time the 400-acre cap issue the permit to the applicant for can also reach this Web page by going is reached, SDG&E would have to incidental take and assurances, as to www.bia.gov and clicking the ‘‘Indian suspend its routine O&M activities until appropriate, for the 37 covered species. Child Welfare Act’’ icon on the right- the process is complete or seek hand side of the page. individual permits for distinct activities. Public Comments FOR FURTHER INFORMATION CONTACT: For Any suspension would pose significant If you wish to comment on the permit information on implementation of these risks to SDG&E’s ability to provide safe application, proposed HCP, and guidelines, please contact Ms. Debra and reliable service to its customers and associated documents, you may submit Burton, ICWA Specialist, Bureau of pursuing individual permits for routine comments by any of the methods noted Indian Affairs, U.S. Department of the activities would impose significant in ADDRESSES. Interior, 1849 C Street NW., MS 3642, administrative burdens and costs and Washington, DC 20240, (202) 513–7610; potential delays on SDG&E. Public Availability of Comments debra.burton@bia.gov. For information Before including your address, phone regarding the development of these Our Preliminary Determination number, email address, or other guidelines, please contact Ms. Elizabeth The Service has made a preliminary personal identifying information in your determination that approval of the Appel, Office of Regulatory Affairs & comment, you should be aware that Collaborative Action—Indian Affairs, proposed HCP qualifies as a categorical your entire comment—including your exclusion under NEPA (42 U.S.C. 4321 U.S. Department of the Interior, 1849 C personal identifying information—may Street NW., MS 3642, Washington, DC et seq.), as provided by the Department be made publicly available at any time. of the Interior implementing regulations 20240, (202) 273–4680; While you may ask us in your comment elizabeth.appel@bia.gov. in part 46 of title 43 of the Code of to withhold your personal identifying Federal Regulations (43 CFR 46.205, SUPPLEMENTARY INFORMATION: The ICWA information from public review, we 46.210, and 46.215), and that the HCP cannot guarantee that we will be able to is a statute passed by Congress and qualifies as a ‘‘low-effect’’ plan as do so. codified in the United States Code defined by the Habitat Conservation (U.S.C.) at 25 U.S.C. 1901 et seq. The Planning Handbook (December 2016). Authority Department promulgated ICWA We base our determination that a HCP We provide this notice under section regulations to implement the statute; the regulations were published in the srobinson on DSK5SPTVN1PROD with NOTICES qualifies as a low-effect plan on the 10 of the Act (16 U.S.C. 1531 et seq.) following three criteria: and NEPA regulations (40 CFR 1506.6). Federal Register at 81 FR 38778 (June (1) Implementation of the HCP would 14, 2016) and will be codified in the result in minor or negligible effects on Karen A. Goebel, Code of Federal Regulations (CFR) at 25 federally listed, proposed, and Acting Field Supervisor, Carlsbad Fish and CFR part 23. candidate species and their habitats; Wildlife Office, Carlsbad, California. The Department is now issuing (2) Implementation of the HCP would [FR Doc. 2016–31698 Filed 12–29–16; 8:45 am] Guidelines for Implementing the Indian result in minor or negligible effects on BILLING CODE 4333–15–P Child Welfare Act to complement the VerDate Sep<11>2014 19:18 Dec 29, 2016 Jkt 241001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1

Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices 96477 regulations. While not imposing binding the compact within 45 days of its Indian Affairs, at john.rydzik@bia.gov. If requirements, the guidelines provide a submission. Therefore, the compact is emailing comments, please use ‘‘NOI reference and resource for all parties considered to have been approved, but Comments, Tule River Tribe Casino involved in child custody proceedings only to the extent the compact is Relocation Project’’ as the subject of involving Indian children. The consistent with IGRA. See 25 U.S.C. your email. guidelines explain the statute and 2710(d)(8)(C). The location of the public scoping regulations and also provide examples Dated: December 22, 2016. meeting will be announced at least 15 of best practices for the implementation days in advance through a notice to be Lawrence S. Roberts, of the statute, with the goal of published in the local newspaper Principal Deputy Assistant Secretary—Indian (Porterville Recorder) and online at encouraging greater uniformity in the Affairs. application of ICWA. The guidelines http://www.tulerivereis.com. [FR Doc. 2016–31725 Filed 12–29–16; 8:45 am] replace the 1979 and 2015 versions of FOR FURTHER INFORMATION CONTACT: Mr. BILLING CODE 4337–15–P the Department’s guidelines. John Rydzik, Chief, Division of The Department encourages all Environmental, Cultural Resource involved in child custody proceedings Management and Safety, Bureau of DEPARTMENT OF THE INTERIOR who seek to understand and uniformly Indian Affairs, Pacific Regional Office, apply ICWA and the Department’s Bureau of Indian Affairs 2800 Cottage Way, Room W–2820, regulations to review the guidelines, Sacramento, California 95825; which are available at the Web page [167A2100DD/AAKC001030/ telephone: (916) 978–6051; email: listed in the ADDRESSES section of this A0A501010.999900] john.rydzik@bia.gov. Information is also notice. Notice of Intent To Prepare an available online at http:// Dated: December 16, 2016. Environmental Impact Statement for www.tulerivereis.com. Lawrence S. Roberts, the Tule River Tribe’s Proposed Fee-to- SUPPLEMENTARY INFORMATION: The Tribe Principal Deputy Assistant Secretary—Indian Trust and Eagle Mountain Casino submitted an application to the Bureau Affairs. Relocation Project, Tulare County, of Indian Affairs (BIA) requesting the [FR Doc. 2016–31726 Filed 12–29–16; 8:45 am] California placement of approximately 40 acres of BILLING CODE 4337–15–P fee land in trust by the United States AGENCY: Bureau of Indian Affairs, upon which the Tribe would construct Interior. a casino resort. The facility would DEPARTMENT OF THE INTERIOR ACTION: Notice. include an approximately 105,000 SUMMARY: This notice advises the public square foot casino, an approximately Bureau of Indian Affairs 250-room hotel, approximately 36,000 that the Bureau of Indian Affairs (BIA), [178A2100DD/AAKC001030/ as lead agency, intends to gather square feet of food and beverage A0A501010.999900253G] information necessary for preparing an facilities, administrative space, a multi- environmental impact statement (EIS) in purpose events center, a conference Indian Gaming; Tribal-State Class III connection with the Tule River Tribe’s center, and associated parking and Gaming Compacts Taking Effect in the (Tribe) proposed Eagle Mountain Casino infrastructure. The new facility would State of New Mexico Relocation Project in Tulare County, replace the Tribe’s existing casino, and California. This notice also opens public the existing casino buildings would be AGENCY: Bureau of Indian Affairs, converted to tribal government or Interior. scoping to identify potential issues, concerns and alternatives to be service uses. Accordingly, the proposed ACTION: Notice. action for the Department is the considered in the EIS. SUMMARY: The Pueblo of Santa Ana and acquisition requested by the Tribe. The DATES: To ensure consideration during the State of New Mexico entered into a proposed fee-to-trust property is located the development of the EIS, written within the boundaries of the City of compact governing Class III gaming. comments on the scope of the EIS This notice announces that the compact Porterville, in Tulare County, California, should be sent as soon as possible and adjacent to the Porterville Airport and is taking effect. no later than January 30, 2017. The date approximately 15 miles west of the Tule DATES: The effective date of the compact of the public scoping meeting will be River Tribe Reservation. The proposed is December 30, 2016. announced at least 15 days in advance trust property includes 17 parcels, FOR FURTHER INFORMATION CONTACT: Ms. through a notice to be published in the bound by West Street on the west, an Paula L. Hart, Director, Office of Indian local newspaper (Porterville Recorder) off-highway vehicle park (OHV) owned Gaming, Office of the Assistant and online at http:// by the City of Porterville to the north Secretary—Indian Affairs, Washington, www.tulerivereis.com. and east, and a photovoltaic power DC 20240, (202) 219–4066. ADDRESSES: You may mail or hand- station (solar farm) to the south. The SUPPLEMENTARY INFORMATION: Section 11 deliver written comments to Ms. Amy Assessor’s parcel numbers (APNs) for of the Indian Gaming Regulatory Act Dutschke, Regional Director, Bureau of the property are 302–400–001 through (IGRA) requires the Secretary of the Indian Affairs, Pacific Region, 2800 302–400–017. The purpose of the Interior to publish in the Federal Cottage Way, Sacramento, California proposed action is to improve the Register notice of approved Tribal-State 95825. Please include your name, return economic status of the tribal compacts that are for the purpose of address, and ‘‘NOI Comments, Tule government so it can better provide srobinson on DSK5SPTVN1PROD with NOTICES engaging in Class III gaming activities River Tribe Casino Relocation Project’’ housing, health care, education, cultural on Indian lands. See Public Law 100– on the first page of your written programs, and other services to its 497, 25 U.S.C. 2701 et seq. All Tribal- comments. You may also submit members. State Class III compacts, including comments through email to Mr. John The proposed action encompasses the amendments, are subject to review and Rydzik, Chief, Division of various Federal approvals which may be approval by the Secretary under 25 CFR Environmental, Cultural Resource required to implement the Tribe’s 293.4. The Secretary took no action on Management and Safety, Bureau of proposed project, including approval of VerDate Sep<11>2014 19:18 Dec 29, 2016 Jkt 241001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1


Document Created: 2016-12-30 05:16:21
Document Modified: 2016-12-30 05:16:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
ContactFor information on implementation of these guidelines, please contact Ms. Debra Burton, ICWA Specialist, Bureau of Indian Affairs, U.S. Department of the Interior, 1849 C Street NW., MS 3642, Washington, DC 20240, (202) 513-7610; [email protected] For information regarding the development of these guidelines, please contact Ms. Elizabeth Appel, Office of Regulatory Affairs & Collaborative Action--Indian Affairs, U.S. Department of the Interior, 1849 C Street NW., MS 3642, Washington, DC 20240, (202) 273-4680; [email protected]
FR Citation81 FR 96476 
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