Notice2024-30252
Fiscal Year 2024 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 2025 Programmatic Targets
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Published
December 19, 2024
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
Pursuant to the Indian Self-Determination and Education Assistance Act (Act), as amended, for each of the Department of the Interior (Department) bureaus other than the Bureau of Indian Affairs, this notice lists programs or portions of programs eligible for inclusion in self-governance funding agreements with Indian Tribes, and Fiscal Year 2025 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. Revisions to this list are based upon feedback received in Tribal Consultations 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
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<title>Federal Register, Volume 89 Issue 244 (Thursday, December 19, 2024)</title>
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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103858-103863]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30252]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[256A2100DD/AAKC001030/A0A51010.999900]
Fiscal Year 2024 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 2025
Programmatic Targets
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
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SUMMARY: Pursuant to the Indian Self-Determination and Education
Assistance Act (Act), as amended, for each of the Department of the
Interior (Department) bureaus other than the Bureau of Indian Affairs,
this notice lists programs or portions of programs eligible for
inclusion in self-governance
[[Page 103859]]
funding agreements with Indian Tribes, and Fiscal Year 2025
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. Revisions to this list are based upon
feedback received in Tribal Consultations 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: These programs are eligible for inclusion in self-governance
funding agreements until September 30, 2025.
ADDRESSES: Inquiries or comments regarding this notice may be directed
to Vickie Hanvey, Program Policy Analyst, Office of Self Governance, by
U.S. mail to MS 3259-MIB, 1849 C Street NW, Washington, DC 20240-0001;
by telephone at 202-219-0240; via email to <a href="/cdn-cgi/l/email-protection#4d1b242e26242863052c233b28340d2f242c632a223b"><span class="__cf_email__" data-cfemail="05536c666e6c602b4d646b73607c45676c642b626a73">[email protected]</span></a>; by
fax at 202-219-4246; or 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 about this notice or
regarding self-governance:
<bullet> Office of Self Governance: Vickie Hanvey, Program Policy
Analyst, Office of Self Governance, by telephone at (918) 931-0745, or
via email at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="5b2d323830323e75333a352d3e221b39323a753c342d">[email protected]</a>.
<bullet> Bureau of Land Management: Byron Loosle, Division Chief
for National Conservation Lands, by telephone at (202) 302-1442, or via
email at <a href="/cdn-cgi/l/email-protection#5e3c3231312d323b1e3c323370393128"><span class="__cf_email__" data-cfemail="3456585b5b475851745658591a535b42">[email protected]</span></a>.
<bullet> Bureau of Reclamation: Mr. Kelly Titensor, Native American
Affairs Advisor, by telephone at (202) 513-0558 or via email at
<a href="/cdn-cgi/l/email-protection#deb5aab7aabbb0adb1ac9eabadbcacf0b9b1a8"><span class="__cf_email__" data-cfemail="a7ccd3ced3c2c9d4c8d5e7d2d4c5d589c0c8d1">[email protected]</span></a>.
<bullet> Office of Natural Resources Revenue: Bethany Hagen-
Templin, Tribal Liaison, by telephone at 303-231-3667 or via email at
<a href="/cdn-cgi/l/email-protection#5837362a2a2c2a313a3934343139312b3736373e3e313b3d2a1837362a2a763f372e"><span class="__cf_email__" data-cfemail="a2cdccd0d0d6d0cbc0c3cececbc3cbd1cdcccdc4c4cbc1c7d0e2cdccd0d08cc5cdd4">[email protected]</span></a>.
<bullet> National Park Service: Dorothy FireCloud, Native American
Affairs Liaison, by telephone at (202) 354-2090, or via email at
<a href="/cdn-cgi/l/email-protection#1e7a716c716a76674178776c7b7d72716b7a5e706e6d30797168"><span class="__cf_email__" data-cfemail="385c574a574c5041675e514a5d5b54574d5c7856484b165f574e">[email protected]</span></a>.
<bullet> U.S. Fish and Wildlife Service: Scott Aikin, National
Native American Programs Coordinator, by telephone at (202) 285-3411,
or via email at <a href="/cdn-cgi/l/email-protection#3546565a41416a545c5e5c5b755342461b525a43"><span class="__cf_email__" data-cfemail="7b0818140f0f241a121012153b1d0c08551c140d">[email protected]</span></a>.
<bullet> U.S. Geological Survey: Chris Hammond, Head, Office of
Tribal Relations, by telephone at (703) 648-6621, or via email at
<a href="/cdn-cgi/l/email-protection#600308010d0d0f0e0420151307134e070f16"><span class="__cf_email__" data-cfemail="15767d7478787a7b7155606672663b727a63">[email protected]</span></a>.
<bullet> Bureau of Trust Funds Administration: Lee Frazier, Program
Analyst, by telephone at (202) 208-7587, or via email at
<a href="/cdn-cgi/l/email-protection#711d14142e1703100b18140331130517105f161e07"><span class="__cf_email__" data-cfemail="046861615b6276657e6d617644667062652a636b72">[email protected]</span></a>.
<bullet> Appraisal and Valuation Services Office (AVSO): Eldred F.
Lesansee, Associate Deputy Director, Office of Tribal Sovereignty, by
telephone at (505) 414-3805, or via email at
<a href="/cdn-cgi/l/email-protection#0e6b626a7c6b6a51626b7d6f607d6b6b4e67617d206a616720696178"><span class="__cf_email__" data-cfemail="6f0a030b1d0a0b30030a1c0e011c0a0a2f06001c410b000641080019">[email protected]</span></a>.
Alternatively, any inquiries may be submitted to Director, Office
of Self Governance, 1849 C Street NW--3259 MIB. U.S. Department of the
Interior, Washington, DC 20240. Any inquiry submitted by mail should
clearly note the Bureau to whom it is directed.
SUPPLEMENTARY INFORMATION:
I. Background
Title IV of the Indian Self-Determination and Education Assistance
Act (Act) instituted a permanent self-governance program at the
Department. Under the self-governance program, certain programs,
services, functions, and activities, or portions thereof, in Department
bureaus other than the Bureau of Indian Affairs (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.
Two kinds of non-BIA programs are eligible for self-governance
funding agreements. First, 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.''
Second, section 403(c) of the Act adds that the Secretary may
include other programs, services, functions, and 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 part 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. Funding Agreements Between Self-Governance Tribes and Non-BIA
Bureaus of the Department of the Interior for Fiscal Year 2024
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 2024. 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 2024:
<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 2024:
<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 2024.
D. National Park Service
The National Park Service has entered funding agreements with the
following Tribes for Fiscal Year 2024:
[[Page 103860]]
<bullet> Alaska Regional Office--Tanana Chiefs Conference;
<bullet> Bandelier National Monument--Santa Clara Pueblo;
<bullet> Bering Land Bridge National Preserve--Kawerak, Inc.;
<bullet> Grand Portage Band of Lake Superior Chippewa Indians--
Minnesota Chippewa Tribe;
<bullet> River Raisin National Battlefield Park--Wyandotte Nation;
<bullet> Valles Caldera National Preserve--Santa Clara Pueblo; and
<bullet> Redwood National and State Parks with Yurok Tribe of the
Yurok Reservation.
E. Fish and Wildlife Service
The Fish and Wildlife Service has entered a funding agreement with
the following Tribe for Fiscal Year 2024:
<bullet> Council of Athabascan Tribal Governments.
F. U.S. Geological Survey
The U.S. Geological Survey has entered a funding agreement with the
following Tribe for Fiscal Year 2024:
<bullet> Yurok Tribe of the Yurok Reservation.
G. Bureau of Trust Fund Administration
The Bureau of Trust Fund Administration has entered a funding
agreement with the following Tribe for Fiscal Year 2024:
<bullet> Confederated Salish and Kootenai Tribes of the Flathead
Reservation, and
<bullet> Cherokee Nation.
H. Appraisal and Valuation Services Office
The Appraisal and Valuation Services Office has entered funding
agreements with the following Tribes for Fiscal Year 2024:
<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.
III. Eligible Programs of the Department of the Interior Non-BIA
Bureaus
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 section 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 (S.O.)
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 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;
[[Page 103861]]
<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. Compliance
verification, monitoring activities, and production verification,
except for the issuance of orders, final valuation decisions, and other
enforcement activities;
<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
unimpaired the 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 conducts a range of visitor services such as
law enforcement, park maintenance, and interpretation of geology,
history, and natural and cultural resource management.
NPS projects 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 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 programs which may be eligible for Tribal
participation through self-governance funding agreements.
1. Archaeological Surveys;
2. Climate Change Planning, Mitigation, and Adaptation projects;
3. Comprehensive Management Planning;
4. Cultural Landscape Study and Maintenance;
5. Cultural Resource Management Projects;
6. Ethnographic Studies;
7. Erosion Control;
8. Fire Protection and Training;
9. Post-fire stabilization and Rehabilitation Projects;
10. Gathering Baseline Subsistence Data--Alaska;
11. Hazardous Fuel Reduction;
12. Housing Construction and Rehabilitation;
13. Interpretation and Education--to include programs, signage,
vendors, demonstrations, multi-media;
14. Interpreting Tribal History;
15. Janitorial Services;
16. Preservation and Perpetuation of Language & Tribal Lifeways;
[[Page 103862]]
17. Maintenance;
18. Management and Care of Museum Collections;
19. Natural Resource Management Projects;
20. Operation and maintenance of Campgrounds, Serpentine, Marinas,
and other administrative facilities;
21. Preservation and Sharing of Cultural and Indigenous Knowledge;
22. Range Assessment--Alaska;
23. Reindeer Grazing--Alaska;
24. Road and Trail Maintenance, Repairs, and Upgrades;
25. Shelter Cabin Upgrades;
26. Solid Waste Collection and Disposal;
27. Trail Construction and Rehabilitation;
28. Visitor Center Services;
29. Youth Programs;
30. Watershed Assessments, Restoration and Maintenance;
31. Beringia Research;
32. Elwha and other River Restoration projects;
33. Recycling Programs;
34. Visitor Center Services; and
35. Historic Preservation Activities.
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 a number of
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
<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.
The list below is not all-inclusive but provides examples of
program elements that have been and may be eligible for inclusion in a
self-governance funding agreement:
<bullet> Collection of UAS imagery suitable for Structure-from-
Motion (SfM) photogrammetry; and
<bullet> Collection of baseline sediment flux data, digital grain
size analysis, fluvial geomorphic conditions, occurring during and
following dam removal.
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
[[Page 103863]]
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; and
<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. Principles Governing Non-BIA Self-Governance Programs Eligible for
Inclusion in Self-Governance Funding Agreements
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, in implementing the Act
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.
V. Programmatic Target for Fiscal Year 2025
The programmatic target for Fiscal Year 2025 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.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2024-30252 Filed 12-18-24; 8:45 am]
BILLING CODE 4337-15-P
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</html>Indexed from Federal Register on December 19, 2024.
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.