Notice2023-17192
Fiscal Year 2023 List of Programs Eligible for Inclusion in Funding Agreements Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs; Fiscal Year 2024 Programmatic Targets
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 11, 2023
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
This notice lists: fiscal year 2024 programmatic targets for each of the non-Bureau of Indian Affairs (BIA) bureaus in the Department of the Interior (Department), pursuant to title IV of the Act, as amended, and list of fiscal year 2023 programs or portions of programs eligible for inclusion in self-governance funding agreements with Indian Tribes. Revisions to this list are based upon feedback received during Tribal Consultations held in January 2023 on what information would be most helpful to Indian Tribes seeking ways to develop collaborative arrangements in the co-stewardship of Federal lands and waters.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 154 (Friday, August 11, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Notices]
[Pages 54649-54654]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17192]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/A0A501010.999900]
Fiscal Year 2023 List of Programs Eligible for Inclusion in
Funding Agreements Negotiated With Self-Governance Tribes by Interior
Bureaus Other Than the Bureau of Indian Affairs; Fiscal Year 2024
Programmatic Targets
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice lists: fiscal year 2024 programmatic targets for
each of the non-Bureau of Indian Affairs (BIA) bureaus in the
Department of the Interior (Department), pursuant to title IV of the
Act, as amended, and list of fiscal year 2023 programs or portions of
programs eligible for inclusion in self-governance funding agreements
with Indian Tribes. Revisions to this list are based upon feedback
received during Tribal Consultations held in January 2023 on what
information would be most helpful to Indian Tribes seeking ways to
develop collaborative arrangements in the co-stewardship of Federal
lands and waters.
DATES: Programs on this list are eligible for inclusion in self-
governance funding agreements until September 30, 2024.
ADDRESSES: Inquiries or comments regarding this notice may be directed
to the bureau-specific points of contact listed below.
FOR FURTHER INFORMATION CONTACT: Contacts from the following bureaus
and offices are available to answer questions:
<bullet> Office of Self Governance: Vickie Hanvey, Program Policy
Analyst, Office of Self Governance; telephone: (918) 931-0745; email:
<a href="/cdn-cgi/l/email-protection#dea8b7bdb5b7bbf0b6bfb0a8bba79ebcb7bff0b9b1a8"><span class="__cf_email__" data-cfemail="ee98878d85878bc0868f80988b97ae8c878fc0898198">[email protected]</span></a>.
<bullet> Bureau of Land Management: Byron Loosle, Division Chief
for National Conservation Lands; telephone: (202) 302-1442; email:
<a href="/cdn-cgi/l/email-protection#7a1816151509161f3a181617541d150c"><span class="__cf_email__" data-cfemail="cdafa1a2a2bea1a88dafa1a0e3aaa2bb">[email protected]</span></a>.
<bullet> Bureau of Reclamation: Mr. Kelly Titensor, Native American
Affairs Advisor; telephone: (202) 513-0558; email: <a href="/cdn-cgi/l/email-protection#96fde2ffe2f3f8e5f9e4d6e3e5f4e4b8f1f9e0"><span class="__cf_email__" data-cfemail="751e011c01101b061a0735000617075b121a03">[email protected]</span></a>.
<bullet> Office of Natural Resources Revenue: Bethany Hagen-
Templin, Tribal Liaison Officer; telephone: 303-231-3667; email:
<a href="/cdn-cgi/l/email-protection#066968747472746f64676a6a6f676f7569686960606f656374466968747428616970"><span class="__cf_email__" data-cfemail="b4dbdac6c6c0c6ddd6d5d8d8ddd5ddc7dbdadbd2d2ddd7d1c6f4dbdac6c69ad3dbc2">[email protected]</span></a>.
<bullet> National Park Service: Dorothy FireCloud, Native American
Affairs Liaison; telephone: (202) 354-2090; email:
<a href="/cdn-cgi/l/email-protection#1773786578637f6e48717e6572747b7862735779676439707861"><span class="__cf_email__" data-cfemail="54303b263b203c2d0b323d263137383b2130143a24277a333b22">[email protected]</span></a>.
<bullet> U.S. Fish and Wildlife Service: Scott Aikin, National
Native American Programs Coordinator; telephone:(202) 285-3411; email:
<a href="/cdn-cgi/l/email-protection#0d7e6e627979526c646664634d6b7a7e236a627b"><span class="__cf_email__" data-cfemail="4a3929253e3e152b232123240a2c3d39642d253c">[email protected]</span></a>.
<bullet> U.S. Geological Survey: Chris Hammond, Head, Office of
Tribal Relations: telephone: (703) 648-6621; email: <a href="/cdn-cgi/l/email-protection#27444f464a4a484943675254405409404851"><span class="__cf_email__" data-cfemail="37545f565a5a585953774244504419505841">[email protected]</span></a>.
<bullet> Bureau of Trust Funds Administration: Lee Frazier, Program
Analyst; telephone: (202) 208-7587; email: <a href="/cdn-cgi/l/email-protection#4c202929132a3e2d3625293e0c2e382a2d622b233a"><span class="__cf_email__" data-cfemail="0d616868526b7f6c7764687f4d6f796b6c236a627b">[email protected]</span></a>.
<bullet> Appraisal and Valuation Services Office (AVSO): Eldred F.
Lesansee, Associate Deputy Director, Office of Tribal Sovereignty;
telephone: (505) 414-3805; email: <a href="/cdn-cgi/l/email-protection#51343d352334350e3d3422303f22343411383e227f353e387f363e27"><span class="__cf_email__" data-cfemail="ff9a939b8d9a9ba0939a8c9e918c9a9abf96908cd19b9096d1989089">[email protected]</span></a>.
Alternatively, inquiries may also be submitted by mail to:
Director, Office of Self Governance, 1849 C Street NW--3624 MIB. U.S.
Department of the Interior, Washington, DC 20240.
SUPPLEMENTARY INFORMATION: Title IV of the Indian Self-Determination
and Education Assistance Act (Act), Public Law 93-638, instituted a
permanent self-governance program for each of the Department bureaus
other than the BIA. Under the self-governance program, certain
programs, services, functions, and activities, or portions thereof, in
Department bureaus other than the BIA are eligible to be planned,
conducted, consolidated, and administered by a self-governance Tribe.
Section 412(c) of the Act requires the Secretary of the Interior
(Secretary) to annually publish a list of, and programmatic targets
for, non-BIA programs, services, functions, and activities, or portions
thereof, that are eligible for inclusion in agreements negotiated under
the self-governance program.
I. Background
Two kinds of non-BIA programs are eligible for self-governance
funding agreements. section 403(b)(2) of the Act provides that any non-
BIA program, service, function, or activity that is administered by the
Department 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 Act. 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.'' Section 403(c) of the
Act adds that the Secretary may include other programs, services,
functions, and
[[Page 54650]]
activities or portions thereof that are of ``special geographic,
historical, or cultural significance'' to a participating self-
governance Tribe. Subpart G of the self-governance regulations (25 CFR
1000) provides the process and timelines for negotiating self-
governance funding agreements with non-BIA bureaus.
Section 403(k) of the Act provides that funding agreements may not
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, an Indian Tribe (or Tribes) need not be identified in
the authorizing statutes in order for a program or element of a program
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.
II. Principles Governing Non-BIA Self-Governance Programs Eligible for
Inclusion in Self-Governance Funding Agreements
In January 2023, the Assistant Secretary--Indian Affairs held three
Tribal Consultations on what information would be most helpful to
Indian Tribes seeking ways to develop collaborative arrangements in the
co-stewardship of Federal lands and waters. The Department received
three oral comments and two written comments:
<bullet> Two of the oral comments asked for the location of the
list of non-BIA programs. This Federal Register constitutes the
Department's listing of eligible programs. The Department welcomes
feedback on ways in which the list may be further improved. The final
oral comment asked that any future list identify all non-BIA programs
which may be eligible for integration into a Tribal plan under Public
Law 102-477. The Department is unable to determine whether
implementation of a non-BIA program in a specific instance would meet
the purposes set forth in 25 U.S.C. 3404(a)(1)(A), before a Tribe
proposes integration. Nevertheless, the Department is firmly committed
to promoting Tribal sovereignty through the integration of programs and
funds from the Department of the Interior in a Tribal plan under Public
Law 102-477, including from non-BIA programs.
<bullet> The first written comment was from the Department's
Appraisal and Valuation Services Office (AVSO). That comment shared
that one Tribe has assumed AVSO's operations, that AVSO has not
experienced significant growth of Tribes contracting, and that AVSO
believes additional guidance on the principles governing contracting,
self-governance agreements, and compacting under the Act should be
included in the List.
<bullet> The second written comment was from a Tribe and asked that
agencies strive for consensus with Tribes and a mutually desired
outcome. The Tribal comment also asks that the List include all current
and expired contracts and compacts, establish a searchable database of
all funding agreements and compacts, designate self-governance contacts
in all Department bureaus, and create a guidance document for non-BIA
self-governance programs.
Based on feedback from Consultation, the Department includes in
this year's Federal Register Notice general guidance on principles
governing non-BIA self-governance programs eligible for inclusion in
self-governance funding agreements. As a foundational matter, self-
governance compacts may include federal programs, services, functions,
or activities administered by the Department other than through the
Bureau of Indian Affairs that are otherwise available to Indian tribes
or Indians. Self-governance compacts may also include other programs,
services, functions, and activities, or portions thereof which are of
special geographic, historical, or cultural significance to the
participating Indian tribe requesting a compact. The Department has
interpreted this language as granting the government discretion to fund
programs that may coincidentally benefit Indians but that are national
in scope and are not by definition programs for the benefit of Indians
because of their status as Indians.
Pursuant to S.O. 3403, the Departments' agencies have a directive
to facilitate agreements with Tribes to collaborate in the co-
stewardship of Federal lands and waters and to strengthen Tribal
homelands. Pursuant to Executive Order 13175, the Department supports
Tribal sovereignty and self-determination, and encourages Indian Tribes
to develop their own policies to achieve the objectives of the Act for
non-BIA Programs. Where possible, the Department will defer to Indian
Tribes to establish standards for non-BIA Programs. Together, these
policy documents demonstrate, and the Department reiterates, a desire
to further inclusion of non-BIA programs in self-governance funding
agreements.
III. Programmatic Target for Fiscal Year 2024
The programmatic target for fiscal year 2024 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.
Self-governance compacts may include programs, services, functions,
or activities administered by the Department other than through the BIA
that are otherwise available to Indian tribes or Indians and may also
include other programs, services, functions, and activities, or
portions thereof, administered by the Secretary of the Interior which
are of special geographic, historical, or cultural significance to the
participating Indian tribe requesting a compact. This grants the
Department the discretion to fund programs that may coincidentally
benefit Indians but that are national in scope and are not by
definition programs for the benefit of Indians because of their status
as Indians.
This section lists by bureau examples 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 of the Act and not precluded by any other law,
or that may have ``special geographic, historical, or cultural
significance'' to a participating Tribe. The list represents examples
of the programs that may be available to Tribes under a self-governance
funding agreement, and is neither complete, exhaustive, nor indicative
of a final determination on any program.
The Department may include in funding agreements other programs or
activities not listed below 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 interested in doing so are
encouraged to begin discussions with the appropriate non-BIA bureau.
The Secretary of the Interior, the Secretary of Agriculture, and
the Secretary of Commerce have issued Joint Secretarial Order No. 3403
on fulfilling the trust responsibility to Tribes in the stewardship of
Federal lands and waters. Pursuant to S.O. 3403, the Department is
committed to facilitating agreements with Tribes for the collaborative
and cooperative stewardship of Federal lands and waters.
A. Eligible Bureau of Land Management Programs
Congress tasked the Bureau of Land Management (BLM) with a mandate
of
[[Page 54651]]
managing public lands for a variety of uses such as energy development,
livestock grazing, recreation, and timber harvesting while ensuring
natural, cultural, and historic resources are maintained for present
and future use. BLM carries out some of its public land management
activities through contracts and cooperative agreements. These and
other activities may be available for inclusion in self-governance
funding agreements depending upon availability of funds, the need for
specific services, and the self-governance Tribe's demonstration of a
special geographic, cultural, or historical significance. Tribes may
obtain further information on specific activities that may be available
for inclusion in a self-governance funding agreement from the relevant
BLM State office.
Some elements of the following non-exclusive list of BLM programs
may be eligible for inclusion in a self-governance funding agreement:
<bullet> Minerals Management Inspection, Enforcement, and
Production. Verification of Indian coal and sand and gravel operations
is already available for contracting under title I of the Act and,
therefore, may be available for inclusion in a funding agreement. In
addition, in a study conducted pursuant to Secretarial Order 3377, the
Department of the Interior Office of the Solicitor determined that the
following functions are available for inclusion in a funding agreement:
inspection and enforcement of Indian oil and gas operations;
determining trust land locations; approving applications for permits to
drill; securing and enforcing bonds (for surface of spill estate); and
providing mineral assessments and valuation;
<bullet> Cadastral Survey. Tribal and allottee cadastral survey
services are already available for contracting under title I of the Act
and, therefore, may be available for inclusion in a funding agreement;
<bullet> Cultural Heritage. Cultural heritage activities such as
research and inventory may be available in specific States;
<bullet> Natural Resources Management. Activities such as
silvicultural treatments, timber management, cultural resource
management, watershed restoration, environmental studies, tree
planting, and tree thinning may be available in specific States;
<bullet> Range Management. Activities such as revegetation, noxious
weed control, fencing, construction and management of range
improvements, grazing management experiments, and range monitoring may
be available in specific States;
<bullet> Riparian Management. Activities such as facilities
construction, erosion control, and rehabilitation may be available in
specific States;
<bullet> Recreation Management. Activities such as facilities
construction and maintenance, and interpretive design and interpretive
construction, and similar activities may be available in specific
States;
<bullet> Wildlife and Fisheries Habitat Management. Activities such
as construction and maintenance; implementation of statutory,
regulatory, and policy or administrative plan-based species protection;
and interpretive design and construction and similar activities may be
available in specific States; and
<bullet> Wild Horse Management. Activities such as wild horse
roundups, adoption, and disposition, including operation and
maintenance of wild horse facilities, may be available in specific
States.
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. Reclamation water resources projects provide water for
agricultural, municipal, and industrial water supplies use;
hydroelectric power generation; flood control; enhancement of fish and
wildlife habitats; and outdoor recreation. To this end, most of
Reclamation's activities involve the construction, operation,
maintenance, and management of water resources projects and associated
facilities, as well as research and development related to
Reclamation's responsibilities. Upon the request of a self-governance
Tribe, Reclamation will consider including programs or activities which
Reclamation determines to be eligible under section 403(b)(2) or 403(c)
of the Act in self-governance funding agreements.
Some elements of the following non-exclusive list of Reclamation
water resource projects, which was developed with consideration of
their proximity to identified self-governance Tribes, may be eligible
for inclusion in a self-governance funding agreement:
<bullet> Klamath Project, California and Oregon;
<bullet> Trinity River Fishery, California;
<bullet> Central Arizona Project, Arizona; and
<bullet> Indian Water Rights Settlement Projects, as authorized by
Congress.
C. Eligible Office of Natural Resources Revenue Programs
The Office of Natural Resources Revenue (ONRR) collects, accounts
for, verifies, and distributes mineral revenues from both Federal and
Indian mineral leases. ONRR also evaluates industry compliance with
laws, regulations, and lease terms, and offers mineral-owning Tribes
opportunities to become involved in ONRR programs that address the
intent of Tribal self-governance, providing self-governance Tribes with
good preparation for assuming other technical functions. ONRR program
functions are generally available to Tribes pursuant to the Federal Oil
and Gas Royalty Management Act of 1983 (FOGRMA; 30 U.S.C. 1701 et
seq.).
The following ONRR program functions may be eligible for inclusion
in a self-governance funding agreement:
<bullet> Audit of Tribal Royalty Payments. Audit activities for
Tribal leases, except for the issuance of orders, final valuation
decisions, and other enforcement activities. (This program is offered
as an option for Tribes already participating in ONRR cooperative
audits);
<bullet> Verification of Tribal Royalty Payments. Financial
compliance verification, monitoring activities, and production
verification;
<bullet> 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;
<bullet> Tribal Royalty Valuation. Preliminary analysis and
recommendations for valuation, and allowance determinations and
approvals; and
<bullet> 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 30 U.S.C. 1732 cooperative agreement (FOGRMA; Pub. L.
97-451, section 202), as this term is defined in FOGRMA and
implementing regulations at 30 CFR 228.4.
D. Eligible National Park Service Projects
The mission of the National Park Service (NPS) is to preserve the
[[Page 54652]]
unimpaired natural and cultural resources and values of the National
Park System for the enjoyment, education, and inspiration of this and
future generations.
The NPS administers the National Park System, which provides
resource park management technical, operational, and training
assistance to Tribal Governments. NPS consists of 420+ national parks,
monuments, historic sites, battlefields, seashores, lake shores and
recreation areas. NPS units protect natural and cultural resources on
these Federal lands and conduct a range of visitor services such as law
enforcement, park maintenance, and interpretation of geology, history,
and natural and cultural resource management.
NPS projects listed below may be eligible for inclusion in a self-
governance funding agreement. Proximity to an NPS unit is not a barrier
for entering into such an agreement and should be based on shared
stewardship goals where associated Tribal interests are shared with
unit operations. All NPS units sit on Indigenous homelands and bear
Indigenous interests and unique oral histories.
The list below is not all inclusive, but is representative of the
types of elements of projects which may be eligible for Tribal
participation through self-governance funding agreements:
<bullet> Archaeological Surveys
<bullet> Climate Change Planning, Mitigation, and Adaptation Projects
<bullet> Comprehensive Management Planning
<bullet> Cultural Landscape Study and Maintenance
<bullet> Cultural Resource Management Projects
<bullet> Ethnographic Studies
<bullet> Erosion Control
<bullet> Fire Protection and Training
<bullet> Post-Fire Stabilization and Rehabilitation Projects
<bullet> Gathering Baseline Subsistence Data--Alaska
<bullet> Hazardous Fuel Reduction
<bullet> Housing Construction and Rehabilitation
<bullet> Interpretation and Education--to Include Programs, Signage,
Vendors, Demonstrations, Multi-Media
<bullet> Interpreting Tribal History
<bullet> Janitorial Services
<bullet> Preservation and Perpetuation of Language & Tribal Lifeways
<bullet> Maintenance
<bullet> Management and Care of Museum Collections
<bullet> Natural Resource Management Projects
<bullet> Operation and Maintenance of Campgrounds, Serpentine, Marinas,
and Other Administrative Facilities
<bullet> Preservation and Sharing of Cultural and Indigenous Knowledge
<bullet> Range Assessment--Alaska
<bullet> Reindeer Grazing--Alaska
<bullet> Road and Trail Maintenance, Repairs, and Upgrades
<bullet> Shelter Cabin Maintenance and Upgrades
<bullet> Solid Waste Collection and Disposal
<bullet> Trail Construction and Rehabilitation
<bullet> Visitor Center services
<bullet> Youth Projects
<bullet> Watershed Assessments, Restoration and Maintenance
<bullet> Beringia Research
<bullet> Elwha and Other River Restoration Projects
<bullet> Recycling Projects
<bullet> Visitor Center Services
<bullet> Historic Preservation Activities
Self-governance Tribes associated to the various NPS system units
can begin the process by writing a letter of interest to the respective
Park Superintendent.
E. Eligible U.S. Fish and Wildlife Service Programs
The mission of the U.S. Fish and Wildlife Service (Service) is to
conserve, protect, and enhance fish, wildlife, and their habitats for
the continuing benefit of the American people. The Service's primary
responsibilities involve migratory birds, endangered species,
freshwater and anadromous fisheries, and certain marine mammals. The
Service has continuing cooperative relationships with several Indian
Tribes regarding 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.
The following non-exclusive list of Service programs is
representative of the types of programs that may be eligible for
inclusion in a self-governance funding agreement:
<bullet> 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 that title VII terms of the Alaska National
Interest Lands Conservation Act (ANILCA; Pub. L. 96-487) are being met,
as well as activities fulfilling the terms of title VIII of ANILCA;
<bullet> 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;
<bullet> Endangered Species Programs. Conduct activities associated
with the conservation and recovery of threatened or endangered species
protected under the Endangered Species Act (ESA; 16 U.S.C. 1531 et
seq.) 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;
<bullet> 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;
<bullet> 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;
<bullet> Wetland and Habitat Conservation Restoration. Provide
services for construction, planning, and habitat monitoring and
activities associated with conservation and restoration of wetland
habitat;
<bullet> Fish Hatchery Operations. Conduct activities to recover
aquatic species listed under the ESA, restore native aquatic
populations, and provide fish to benefit national wildlife refuges and
Tribes. Such activities may include, but are not limited to tagging,
rearing, and feeding of fish; disease treatment; and clerical or
facility maintenance at a fish hatchery; and
[[Page 54653]]
<bullet> 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.
F. Eligible U.S. Geological Survey Programs
The U.S. Geological Survey (USGS) is a scientific research bureau
whose mission is to monitor, analyze, and predict current and evolving
Earth-system interactions and deliver actionable information at scales
and timeframes relevant to decision makers. This information is usually
publicly available and includes reports, maps, databases, 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 USGS's activities.
G. Eligible Bureau of Trust Funds Administration Programs
Secretarial Order 3384, authorized the establishment of the Bureau
of Trust Funds Administration (BTFA) which reports to the Office of the
Assistant Secretary--Indian Affairs. BTFA is responsible for the
management (receipting, investing, disbursing, reconciling and
reporting) of the monetary assets of American Indians held in trust by
the Department of the Interior. BTFA also maintains the official
archive of American Indian Records. This program safeguards millions of
original historic documents that detail the Federal Government's treaty
obligation to Native Americans.
A Tribe operating under self-governance may include the following
programs, services, functions, and activities or portions thereof, in a
funding agreement:
<bullet> Beneficiary Processes Program (Individual Indian Money
Accounting Technical Functions). The memorandum of understanding (MOU)
between the Tribe/Consortium and BTFA outlines the roles and
responsibilities for the performance of the BTFA program by the Tribe/
Consortium. If those roles and responsibilities are already fully
specified in the existing funding agreement with the Office of Self-
Governance (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 BTFA, 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 a BTFA
program, the new funding for performing that program will come from
BTFA program dollars. A Tribe's newly assumed operation of the BTFA
program(s) will be reflected in the Tribe's OSG funding agreement.
H. Eligible Appraisal and Valuation Services Office Programs
The mission of the Appraisal and Valuation Services Office (AVSO)
is to provide credible, timely, and efficient valuation services to
ensure the Department's fiduciary responsibilities are met for Tribes
and beneficiaries in trust and restricted-fee real property
transactions, and to uphold public trust in Federal real property
transactions. AVSO provides appraisal, valuation, mineral evaluation,
and real property consulting expertise to Indian beneficiaries, Federal
clients, and other stakeholders in accordance with the highest
professional and ethical standards and is responsible for all real
property appraisal and valuation services within the Department of the
Interior. AVSO is comprised of three regions (Western, Central and
Eastern) serving all of Indian Country as well as all DOI bureaus,
agencies and offices. AVSO's Mineral Evaluations Division is tasked
with providing mineral assessments and evaluations for DOI.
These and other activities may be available for inclusion in self-
governance funding agreements depending upon availability of funds, the
need for specific services, and the self-governance Tribe's
demonstration of a special geographic, cultural, or historical
significance. Tribes may obtain further information on specific
activities that may be available for inclusion in a self-governance
funding agreement.
Some elements of the following non-exclusive list of AVSO programs,
functions, services and activities may be eligible for inclusion in a
self-governance funding agreement:
<bullet> Appraisal and valuation functions for Indian trust and
restricted fee real property
<bullet> Appraisal review function for appraisals prepared for
Departmental use
<bullet> Appraisal and valuation functions for Federal real property
<bullet> Appraisals and evaluation functions for Indian and Federal
minerals
<bullet> Real property consultation services
The MOU between the Tribe/Consortium and AVSO outlines the roles
and responsibilities for the performance of the AVSO program by the
Tribe/Consortium. An MOU will be negotiated between the Tribe/
Consortium and AVSO, 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 AVSO program, the new funding for
performing that program will come from AVSO program dollars. A Tribe's
newly-assumed operation of an AVSO program will be reflected in the
Tribe's OSG funding agreement.
IV. Funding Agreements Between Self-Governance Tribes and Non-BIA
Bureaus of the Department of the Interior for Fiscal Year 2023
This section provides information on the Tribes with which the
Department of the Interior's non-BIA Bureaus have entered self-
governance funding agreements for fiscal year 2023. The Department is
exploring ways to make available a historic list of agreements in prior
fiscal years.
A. Bureau of Land Management
The Bureau of Land Management has entered funding agreements with
the following Tribes for fiscal year 2023:
<bullet> Council of Athabascan Tribal Governments; and
<bullet> Duckwater Shoshone Tribe of the Duckwater Reservation.
B. Bureau of Reclamation
The Bureau of Reclamation has entered funding agreements with the
following Tribes for fiscal year 2023:
<bullet> Gila River Indian Community of the Gila River Indian
Reservation;
<bullet> Hoopa Valley Tribe;
<bullet> Karuk Tribe; and
<bullet> Yurok Tribe of the Yurok Reservation.
C. Office of Natural Resources Revenue
The Office of Natural Resources Revenue has entered no funding
agreements with any Tribes for fiscal year 2023.
D. National Park Service
The National Park Service has entered into funding agreements with
the following Tribes for fiscal year 2023:
[[Page 54654]]
<bullet> Grand Portage Band of Lake Superior Chippewa Indians--
Minnesota Chippewa Tribe and Grand Portage National Monument;
<bullet> Wyandotte Nation and River Raisin National Battlefield;
<bullet> Kawerak, Inc. and Bering Land Bridge National Preserve;
<bullet> Pueblo of Santa Clara and Valles Caldera National
Preserve; and
<bullet> Yurok Tribe of the Yurok Reservation and Redwood National
Park
E. Fish and Wildlife Service
The Fish and Wildlife Service has entered a funding agreement with
the following Tribe for fiscal year 2023:
<bullet> Council of Athabascan Tribal Governments.
F. U.S. Geological Survey
The U.S. Geological Survey has entered no self-governance funding
agreements with any Tribes for fiscal year 2023.
G. Bureau of Trust Fund Administration
The Bureau of Trust Fund Administration has entered a funding
agreement with the following Tribe for fiscal year 2023:
<bullet> Confederated Salish and Kootenai Tribes of the Flathead
Reservation.
H. Appraisal and Valuation Services Office
The Appraisal and Valuation Services Office has entered funding
agreements with the following Tribes for fiscal year 2023:
<bullet> Quapaw Nation;
<bullet> Morongo Band of Mission Indians;
<bullet> Muckleshoot Indian Tribe;
<bullet> Pueblo of Taos;
<bullet> Confederated Tribes of the Umatilla Indian Reservation;
<bullet> Association of Village Council Presidents;
<bullet> Kawerak, Inc.;
<bullet> Native Village of Tanana;
<bullet> Tanana Chiefs Conference (includes Gwichyaa Gwich'in, aka
Fort Yukon);
<bullet> Central Council of the Tlingit and Haida Indian Tribes;
<bullet> Cherokee Nation;
<bullet> The Choctaw Nation of Oklahoma;
<bullet> Eastern Shawnee Tribe of Oklahoma;
<bullet> The Muscogee (Creek) Nation;
<bullet> Wyandotte Nation;
<bullet> Oneida Nation;
<bullet> Confederated Salish and Kootenai Tribes of the Flathead
Reservation;
<bullet> Lummi Tribe of the Lummi Reservation;
<bullet> Port Gamble S'Klallam Tribes;
<bullet> Confederated Tribes of Siletz Indians of Oregon;
<bullet> Hoopa Valley Tribe;
<bullet> Redding Rancheria;
<bullet> Chippewa Cree Indians of the Rocky Boy's Reservation;
<bullet> Absentee-Shawnee Tribe of Indians of Oklahoma;
<bullet> Citizen Potawatomi Nation, Oklahoma;
<bullet> Kaw Nation, Oklahoma;
<bullet> Sac and Fox Nation, Oklahoma;
<bullet> Salt River Pima-Maricopa Indian Community of the Salt
River Reservation;
<bullet> Shoshone-Paiute Tribes of the Duck Valley Reservation,
Nevada; and
<bullet> The Osage Nation.
V. Authority
This notice is published in the exercise of authority delegated by
the Secretary of the Interior to the Assistant Secretary--Indian
Affairs by 209 Departmental Manual 8.1.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2023-17192 Filed 8-10-23; 8:45 am]
BILLING CODE 4337-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 11, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.