82_FR_52075 82 FR 51860 - Tribal Consultation on Indian Trust Asset Reform Act (ITARA) Sec. 304, Transition Plan for the Office of the Special Trustee for American Indians

82 FR 51860 - Tribal Consultation on Indian Trust Asset Reform Act (ITARA) Sec. 304, Transition Plan for the Office of the Special Trustee for American Indians

DEPARTMENT OF THE INTERIOR
Office of the Secretary

Federal Register Volume 82, Issue 215 (November 8, 2017)

Page Range51860-51861
FR Document2017-24319

This notice announces that the Department of the Interior (Department) will be hosting two Tribal consultation sessions on a proposal to transfer the Office of the Special Trustee for American Indians (OST) to report to the Office of the Assistant Secretary-- Indian Affairs (AS-IA) in FY 2018 via a Secretary's Order. Under the proposal, the office would be headed temporarily by the Principal Deputy Special Trustee, who would be delegated the authorities of the Special Trustee for American Indians. Subsequently, the Department plans to appoint a career executive to act as the Director of OST.

Federal Register, Volume 82 Issue 215 (Wednesday, November 8, 2017)
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51860-51861]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24319]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[18XD0120AF/DT20000000/DST000000/241A/T0110100]


Tribal Consultation on Indian Trust Asset Reform Act (ITARA) Sec. 
304, Transition Plan for the Office of the Special Trustee for American 
Indians

AGENCY: Office of the Secretary, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces that the Department of the Interior 
(Department) will be hosting two Tribal consultation sessions on a 
proposal to transfer the Office of the Special Trustee for American 
Indians (OST) to report to the Office of the Assistant Secretary--
Indian Affairs (AS-IA) in FY 2018 via a Secretary's Order. Under the 
proposal, the office would be headed temporarily by the Principal 
Deputy Special Trustee, who would be delegated the authorities of the 
Special Trustee for American Indians. Subsequently, the Department 
plans to appoint a career executive to act as the Director of OST.

DATES: Tribal consultation sessions will be held by phone on Wednesday, 
December 13, 1:00 p.m.- 4:00 p.m. EST, and Thursday, December 14, 9:00 
a.m.- 12:00 p.m. EST. Comments on this proposal must be received by 
January 15, 2018.

ADDRESSES: Please submit comments via email to [email protected] or 
mail to Attn: ITARA Transition, c/o Elizabeth Appel, Office of 
Regulatory Affairs & Collaborative Action--Indian Affairs, 1849 C 
Street NW., Mail Stop 4660, Washington, DC 20240. The toll free call-in 
number for the consultation sessions is: (888) 324-2907, and the 
passcode is 9793554. Additional information is available at 
www.doi.gov/OST/ITARA.

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Director, Office 
of Regulatory Affairs & Collaborative Action, Office of the Assistant 
Secretary--Indian Affairs, at [email protected] or (202) 273-
4680.

SUPPLEMENTARY INFORMATION: OST was established in the Department by the 
American Indian Trust Fund Management Reform Act of 1994 (1994 Act), 
Public Law 103-412, when Congress decided a Special Trustee was needed 
to oversee reforms relating to trust responsibilities throughout the 
Department. In 1996, the Secretary of the Interior (Secretary) 
transferred management of Indian trust funds from the Bureau of Indian 
Affairs (BIA) to the OST. See Secretarial Order No. 3197. OST has 
implemented reforms and managed Indian trust funds for over 20 years.
    In June 2016, Congress passed the Indian Trust Asset Reform Act 
(ITARA), Public Law 114-178. ITARA Section 304(a) requires the 
Secretary to prepare and submit a plan for the transition of functions 
of the OST to other bureaus or agencies within the Department within 
two years of submission of the plan to Congress. Beginning in August 
2016, the Department held one listening session and 10 Tribal 
consultation sessions throughout Indian Country and held an open period 
to solicit comments via a notice in the Federal Register. Based on 
consultation feedback, the Department determined that the most 
appropriate place for OST's core functions is to remain with OST as a 
permanent organization. To ensure fully integrated Indian policy and 
programs, we propose to realign OST to report to AS-IA. To meet the 
two-year deadline required by ITARA Section 304(a), the Department 
proposes transferring the OST to AS-IA in FY 2018 via a Secretary's 
Order.
    Today, the OST holds approximately $5 billion under trust 
management and administers approximately 3,400 tribal trust accounts 
for more than 250 Indian Tribes and over 400,000 Individual Indian 
Money (IIM) accounts. Each year, OST disburses roughly $1.2 billion to 
individual Indians and tribes. Receipting, investing, and disbursing 
activity is accomplished through the processing of 10.3 million 
financial transactions.
    The OST organization features five Regional Trust Administrators 
with extensive backgrounds in trust management, with over 50 Fiduciary 
Trust Officers to serve as the primary

[[Page 51861]]

point-of-contact for beneficiaries on trust matters, allowing OST to 
coordinate trust asset management activities with the BIA, tribes, and 
individual beneficiaries in their respective geographic areas. The OST 
operates a Trust Beneficiary Call Center (TBCC) to support a strong 
beneficiary trust relationship as envisioned in the original reform 
goals.
    Section 306 of ITARA requires the Secretary to identify cost 
savings that would result from the elimination of ``any program, 
function, service, or activity . . . of the Office of the Special 
Trustee that will not be operated or carried out as a result of a 
transfer of functions and personnel following enactment of this Act''. 
As the proposed plan calls for all functions of OST to be transferred 
under AS-IA intact, there will be no cost savings as defined by ITARA.
    Moreover, appropriations for OST increased relatively quickly after 
its inception as functions were transferred from other organizations 
within the Department to OST. Funding levels peaked in FY 2007 when OST 
received $223.3 million. In the last decade, however, funding has 
steadily decreased as reforms have been completed and efficiencies have 
been realized. In FY 2017, OST received $138.8 million--a 38 percent 
decrease from its peak funding. Any cost savings resulting from trust 
reforms have already been captured in the form of decreased budget 
requests.

    Authority: E.O. 13175, 65 FR 67250.

Jerold Gidner,
Principal Deputy Special Trustee.
[FR Doc. 2017-24319 Filed 11-7-17; 8:45 am]
 BILLING CODE 4334-63-P



                                               51860                    Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices

                                               part 990, NEPA, the Consent Decree, the                 Administrative Record                                 passcode is 9793554. Additional
                                               Final PDARP/PEIS, the Phase III ERP/                      The documents comprising the                        information is available at www.doi.gov/
                                               PEIS and the Phase V ERP/EA.                            Administrative Record for the Draft                   OST/ITARA.
                                                 The Florida TIG is considering the                    Phase V.2 RP/SEA can be viewed                        FOR FURTHER INFORMATION CONTACT: Ms.
                                               second phase of the Florida Coastal                     electronically at http://www.doi.gov/                 Elizabeth Appel, Director, Office of
                                               Access Project in the Draft Phase V.2                   deepwaterhorizon/administrativerecord.                Regulatory Affairs & Collaborative
                                               RP/SEA to address lost recreational                                                                           Action, Office of the Assistant
                                                                                                       Authority                                             Secretary—Indian Affairs, at
                                               opportunities in Florida caused by the
                                               Deepwater Horizon oil spill. In the Draft                 The authority of this action is the Oil             elizabeth.appel@bia.gov or (202) 273–
                                               Phase V.2 RP/SEA, the Florida TIG                       Pollution Act of 1990 (33 U.S.C. 2701 et              4680.
                                               proposes one preferred alternative, the                 seq.) and its implementing Natural                    SUPPLEMENTARY INFORMATION: OST was
                                               Salinas Park Addition, which involves                   Resource Damage Assessment                            established in the Department by the
                                               the acquisition and enhancement of a                    regulations found at 15 CFR part 990                  American Indian Trust Fund
                                               6.6-acre coastal parcel. The Florida                    and the National Environmental Policy                 Management Reform Act of 1994 (1994
                                               Coastal Access Project was allocated                    Act of 1969 (42 U.S.C. 4321 et seq.).                 Act), Public Law 103–412, when
                                               approximately $45.4 million in early                    Kevin D. Reynolds,                                    Congress decided a Special Trustee was
                                               restoration funds, and the Salinas Park                 Designated Department of the Interior Natural         needed to oversee reforms relating to
                                               Addition would cost approximately $3.1                  Resource Trustee Official.                            trust responsibilities throughout the
                                               million of the $6.4 million remaining                   [FR Doc. 2017–24197 Filed 11–7–17; 8:45 am]           Department. In 1996, the Secretary of
                                               funds not utilized in the first phase of                BILLING CODE 4333–15–P
                                                                                                                                                             the Interior (Secretary) transferred
                                               the Florida Coastal Access Project. The                                                                       management of Indian trust funds from
                                               Florida TIG also considered two                                                                               the Bureau of Indian Affairs (BIA) to the
                                               additional land acquisition and                         DEPARTMENT OF THE INTERIOR                            OST. See Secretarial Order No. 3197.
                                               improvement alternatives, as well as the                                                                      OST has implemented reforms and
                                               no action alternative in the Draft Phase                Office of the Secretary                               managed Indian trust funds for over 20
                                               V.2 RP/SEA. One or more alternatives                                                                          years.
                                                                                                       [18XD0120AF/DT20000000/DST000000/
                                                                                                                                                                In June 2016, Congress passed the
                                               may be selected for implementation by                   241A/T0110100]
                                                                                                                                                             Indian Trust Asset Reform Act (ITARA),
                                               the Florida TIG in the Final Phase V.2
                                                                                                       Tribal Consultation on Indian Trust                   Public Law 114–178. ITARA Section
                                               RP/SEA or in future restoration plans.
                                                                                                       Asset Reform Act (ITARA) Sec. 304,                    304(a) requires the Secretary to prepare
                                               Details on the proposed second phase of
                                                                                                       Transition Plan for the Office of the                 and submit a plan for the transition of
                                               the Florida Coastal Access Project are
                                                                                                       Special Trustee for American Indians                  functions of the OST to other bureaus or
                                               provided in the Draft Phase V.2 RP/SEA.                                                                       agencies within the Department within
                                                 The proposed second phase of the                      AGENCY:   Office of the Secretary, Interior.          two years of submission of the plan to
                                               Florida Coastal Access Project is                       ACTION:   Notice.                                     Congress. Beginning in August 2016, the
                                               intended to continue the process of                                                                           Department held one listening session
                                               using restoration funding to restore                    SUMMARY:   This notice announces that                 and 10 Tribal consultation sessions
                                               natural resources, ecological services,                 the Department of the Interior                        throughout Indian Country and held an
                                               and recreational use services injured or                (Department) will be hosting two Tribal               open period to solicit comments via a
                                               lost as a result of the Deepwater Horizon               consultation sessions on a proposal to                notice in the Federal Register. Based on
                                               oil spill. Additional restoration                       transfer the Office of the Special Trustee            consultation feedback, the Department
                                               planning for the Florida Restoration                    for American Indians (OST) to report to               determined that the most appropriate
                                                                                                       the Office of the Assistant Secretary—                place for OST’s core functions is to
                                               Area will continue.
                                                                                                       Indian Affairs (AS–IA) in FY 2018 via                 remain with OST as a permanent
                                               Next Steps                                              a Secretary’s Order. Under the proposal,              organization. To ensure fully integrated
                                                                                                       the office would be headed temporarily                Indian policy and programs, we propose
                                                  As described above, a public meeting                 by the Principal Deputy Special Trustee,
                                               is scheduled to facilitate the public                                                                         to realign OST to report to AS–IA. To
                                                                                                       who would be delegated the authorities                meet the two-year deadline required by
                                               review and comment process on the                       of the Special Trustee for American
                                               Draft Phase V.2 RP/SEA. After the                                                                             ITARA Section 304(a), the Department
                                                                                                       Indians. Subsequently, the Department                 proposes transferring the OST to AS–IA
                                               public comment period ends, the                         plans to appoint a career executive to
                                               Florida TIG will consider and address                                                                         in FY 2018 via a Secretary’s Order.
                                                                                                       act as the Director of OST.                              Today, the OST holds approximately
                                               the comments received before issuing a                  DATES: Tribal consultation sessions will              $5 billion under trust management and
                                               final Phase V.2 RP/SEA.                                 be held by phone on Wednesday,                        administers approximately 3,400 tribal
                                               Public Availability of Comments                         December 13, 1:00 p.m.– 4:00 p.m. EST,                trust accounts for more than 250 Indian
                                                                                                       and Thursday, December 14, 9:00 a.m.–                 Tribes and over 400,000 Individual
                                                 Before including your address, phone                  12:00 p.m. EST. Comments on this                      Indian Money (IIM) accounts. Each year,
                                               number, email address, or other                         proposal must be received by January                  OST disburses roughly $1.2 billion to
                                               personal identifying information in your                15, 2018.                                             individual Indians and tribes.
                                               comment, you should be aware that                       ADDRESSES: Please submit comments via                 Receipting, investing, and disbursing
                                               your entire comment—including your                      email to consultation@bia.gov or mail to              activity is accomplished through the
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                                               personal identifying information—may                    Attn: ITARA Transition, c/o Elizabeth                 processing of 10.3 million financial
                                               be made publicly available at any time.                 Appel, Office of Regulatory Affairs &                 transactions.
                                               While you can ask us in your comment                    Collaborative Action—Indian Affairs,                     The OST organization features five
                                               to withhold your personal identifying                   1849 C Street NW., Mail Stop 4660,                    Regional Trust Administrators with
                                               information from public review, we                      Washington, DC 20240. The toll free                   extensive backgrounds in trust
                                               cannot guarantee that we will be able to                call-in number for the consultation                   management, with over 50 Fiduciary
                                               do so.                                                  sessions is: (888) 324–2907, and the                  Trust Officers to serve as the primary


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                                                                        Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices                                             51861

                                               point-of-contact for beneficiaries on                   and associated funerary objects and                   Afognak, Native Village of Akhiok,
                                               trust matters, allowing OST to                          present-day Indian Tribes or Native                   Native Village of Larsen Bay, Native
                                               coordinate trust asset management                       Hawaiian organizations. Lineal                        Village of Ouzinkie, Native Village of
                                               activities with the BIA, tribes, and                    descendants or representatives of any                 Port Lions, Sun’aq Tribe of Kodiak
                                               individual beneficiaries in their                       Indian Tribe or Native Hawaiian                       (previously listed as the Shoonaq’ Tribe
                                               respective geographic areas. The OST                    organization not identified in this notice            of Kodiak), and the Tangirnaq Native
                                               operates a Trust Beneficiary Call Center                that wish to request transfer of control              Village (formerly Lesnoi Village (aka
                                               (TBCC) to support a strong beneficiary                  of these human remains and associated                 Woody Island)).
                                               trust relationship as envisioned in the                 funerary objects should submit a written
                                                                                                                                                             History and Description of the Remains
                                               original reform goals.                                  request to the Alaska Region USFWS. If
                                                  Section 306 of ITARA requires the                    no additional requestors come forward,                   Beginning in 1961 and continuing
                                               Secretary to identify cost savings that                 transfer of control of the human remains              through 1963, human remains
                                               would result from the elimination of                    and associated funerary objects to the                representing, at minimum, 23
                                               ‘‘any program, function, service, or                    lineal descendants, Indian Tribes, or                 individuals, including 17 adults (two
                                               activity . . . of the Office of the Special             Native Hawaiian organizations stated in               possible males, two possible females,
                                               Trustee that will not be operated or                    this notice may proceed.                              and 13 individuals of indeterminate
                                               carried out as a result of a transfer of                DATES: Lineal descendants or
                                                                                                                                                             sex), five sub adults, and one infant
                                               functions and personnel following                       representatives of any Indian Tribes or               were removed from the Three Saints
                                               enactment of this Act’’. As the proposed                Native Hawaiian organizations, not                    Bay site (049–KOD–00083) on Kodiak
                                               plan calls for all functions of OST to be               identified in this notice that wish to                Island as part of the Aleut-Konyag
                                               transferred under AS–IA intact, there                   request transfer of control of these                  project conducted by the University of
                                               will be no cost savings as defined by                   human remains and associated funerary                 Wisconsin-Madison, under the direction
                                               ITARA.                                                  objects should submit a written request               of Morgan Usadel, Donald Clark,
                                                  Moreover, appropriations for OST                     with information in support of the                    William Workman, and Peter Storck.
                                               increased relatively quickly after its                  request to the Alaska Region USFWS at                 The collection was curated and stored at
                                               inception as functions were transferred                 the address in this notice by December                the University of Wisconsin-Madison
                                               from other organizations within the                     8, 2017.                                              until 2006. The U.S. Army Corps of
                                               Department to OST. Funding levels                                                                             Engineers, working with the Regional
                                                                                                       ADDRESSES: Edward J. DeCleva, Regional
                                               peaked in FY 2007 when OST received                                                                           Historic Preservation Officer of the
                                                                                                       Historic Preservation Officer, U.S. Fish
                                               $223.3 million. In the last decade,                                                                           Alaska Region USFWS to determine
                                                                                                       and Wildlife Service, Alaska Region,
                                               however, funding has steadily decreased                                                                       locations of Alaskan archeological
                                                                                                       1011 East Tudor Road, MS–235,
                                               as reforms have been completed and                                                                            collections, located and recovered this
                                                                                                       Anchorage, AK 99503, telephone (907)
                                               efficiencies have been realized. In FY                                                                        collection, conducted a complete
                                                                                                       786–3399, email edward_decleva@
                                               2017, OST received $138.8 million—a                                                                           inventory, and returned the human
                                                                                                       fws.gov.
                                               38 percent decrease from its peak                                                                             remains to the Alaska Region USFWS
                                                                                                       SUPPLEMENTARY INFORMATION: Notice is                  for storage. No known individuals were
                                               funding. Any cost savings resulting from
                                               trust reforms have already been                         here given in accordance with the                     identified. The 23 associated funerary
                                               captured in the form of decreased                       Native American Graves Protection and                 objects include 19 unmodified faunal
                                               budget requests.                                        Repatriation Act (NAGPRA), 25 U.S.C.                  remains, 1 lot of charcoal samples, 1
                                                                                                       3003, of the completion of an inventory               carved bone figurine pin, 1 amber bead,
                                                  Authority: E.O. 13175, 65 FR 67250.                  of human remains and associated                       and 1 bone buckle.
                                               Jerold Gidner,                                          funerary objects under the control of the                The Three Saints Bay site is a two
                                               Principal Deputy Special Trustee.                       Alaska Region USFWS. The human                        component site, the lower component
                                               [FR Doc. 2017–24319 Filed 11–7–17; 8:45 am]
                                                                                                       remains and associated funerary objects               corresponds to the prehistoric late
                                                                                                       were recovered from site 049–KOD–                     Kachemak tradition winter settlement
                                               BILLING CODE 4334–63–P
                                                                                                       00083, Kodiak Island Borough, AK.                     dating to BP 2000 to 1100. The upper
                                                                                                          This notice is published as part of the            component consists of seven or eight log
                                                                                                       National Park Service’s administrative                houses, warehouse, barns, bunkhouses,
                                               DEPARTMENT OF THE INTERIOR
                                                                                                       responsibilities under NAGPRA, 25                     carpentry shop, and storage buildings of
                                               National Park Service                                   U.S.C. 3003(d)(3). The determinations in              the first settlement established in North
                                                                                                       this notice are the sole responsibility of            America by the Russian American
                                               [NPS–WASO–NAGPRA–NPS0024147;                            the museum, institution, or Federal
                                               PPWOCRADN0–PCU00RP14.R50000]
                                                                                                                                                             Company in 1784. Five to nine burials
                                                                                                       agency that has control of the Native                 were encountered at Three Saints Bay
                                               Notice of Inventory Completion: U.S.                    American human remains and                            which, according to Donald Clark’s 1970
                                               Fish and Wildlife Service, Alaska                       associated funerary objects. The                      report, exhibited burial practices that fit
                                               Region, Anchorage, AK                                   National Park Service is not responsible              within the general Kachemak traditional
                                                                                                       for the determinations in this notice.                pattern.
                                               AGENCY:   National Park Service, Interior.                                                                       The present-day descendant of the
                                                                                                       Consultation
                                               ACTION:   Notice.                                                                                             Kachemak tradition is the Alutiiq Tribe
                                                                                                         A detailed assessment of the human                  of Old Harbor (previously listed as
                                               SUMMARY:    The U.S. Fish and Wildlife                  remains was made by the Alaska Region                 Native Village of Old Harbor and Village
                                               Service, Alaska Region, (Alaska Region                  USFWS professional staff in                           of Old Harbor).
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                                               USFWS), has completed an inventory of                   consultation with representatives of the
                                               human remains and associated funerary                   Alutiiq Museum and Archaeological                     Determinations Made by the Alaska
                                               objects, in consultation with the                       Repository of Kodiak, Alaska, acting as               Region USFWS
                                               appropriate Indian Tribes or Native                     agent for the Alutiiq Tribe of Old Harbor               Officials of the Alaska Region USFWS
                                               Hawaiian organizations, and has                         (previously listed as Native Village of               have determined that:
                                               determined that there is a cultural                     Old Harbor and Village of Old Harbor),                  • Pursuant to 25 U.S.C. 3001(9), the
                                               affiliation between the human remains                   Kaguyak Village, Native Village of                    human remains described in this notice


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Document Created: 2017-11-08 01:20:30
Document Modified: 2017-11-08 01:20:30
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.
DatesTribal consultation sessions will be held by phone on Wednesday, December 13, 1:00 p.m.- 4:00 p.m. EST, and Thursday, December 14, 9:00 a.m.- 12:00 p.m. EST. Comments on this proposal must be received by January 15, 2018.
ContactMs. Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action, Office of the Assistant Secretary--Indian Affairs, at [email protected] or (202) 273- 4680.
FR Citation82 FR 51860 

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