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May 31, 2016

   

From: Bureau of Indian Affairs | Department of the Interior
More: icwa, information collection

In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA has submitted to the Office of Management and Budget (OMB) a request for renewal of the collection of information for the collection of information for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Courts authorized by OMB Control Number 1076-0111. This information collection expires June 30, 2016.

federalregister.gov | pdf |

   

From: HUD
More: grants, ihbg, nahasda

This proposed rule would revise the Indian Housing Block Grant (IHBG) Program allocation formula authorized by section 302 of the Native American Housing Assistance and Self-Determination Act of 1996, as amended (NAHASDA). Through the IHBG Program, HUD provides federal housing assistance for Indian tribes in a manner that recognizes the right of Indian self-determination and tribal self-government. HUD negotiated the proposed rule with active tribal participation and using the procedures of the Negotiated Rulemaking Act of 1990. The proposed regulatory changes reflect the consensus decisions reached by HUD and the tribal representatives on ways to improve and clarify the current regulations governing the IHBG Program formula.

federalregister.gov | pdf |

May 27, 2016

   

From: Department of the Interior | National Indian Gaming Commission
More: fees, igra

Notice is hereby given, pursuant to 25 CFR 514.2, that the National Indian Gaming Commission has adopted its 2016 final annual fee rates of 0.00% for tier 1 and 0.062% (.00062) for tier 2, which remain the same as the 2016 preliminary fee rates. The tier 2 annual fee rate represents the lowest fee rate adopted by the Commission in the last five years. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation under 25 CFR part 518, the 2016 final fee rate on Class II revenues shall be 0.031% (.00031) which is one-half of the annual fee rate. The final fee rates being adopted here are effective June 1, 2016, and will remain in effect until new rates are adopted.


Pursuant to 25 CFR 514.16, the National Indian Gaming Commission has also adopted its fingerprint processing fees of $21 per card effective June 1, 2016.

federalregister.gov | pdf |

May 25, 2016

   

From: Health and Human Services | Indian Health Service
More: grants

The Indian Health Service published a document in the Federal Register on April 27, 2016, for the Fiscal Year 2016 Medical Professionals Recruitment and Continuing Education Program. The notice contained incorrect dates.

federalregister.gov | pdf |

May 23, 2016

   

From: DOL
More: employment

The Fair Labor Standards Act (FLSA or Act) guarantees a minimum wage for all hours worked during the workweek and overtime premium pay of not less than one and one-half times the employee's regular rate of pay for hours worked over 40 in a workweek. While these protections extend to most workers, the FLSA does provide a number of exemptions. In this Final Rule, the Department of Labor (Department) revises final regulations under the FLSA implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales, and computer employees. These exemptions are frequently referred to as the “EAP” or “white collar” exemptions. To be considered exempt under part 541, employees must meet certain minimum requirements related to their primary job duties and, in most instances, must be paid on a salary basis at not less than the minimum amounts specified in the regulations.


In this Final Rule the Department updates the standard salary level and total annual compensation requirements to more effectively distinguish between overtime-eligible white collar employees and those who may be exempt, thereby making the exemption easier for employers and employees to understand and ensuring that the FLSA's intended overtime protections are fully implemented. The Department sets the standard salary level for exempt EAP employees at the 40th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region. The Department also permits employers to satisfy up to 10 percent of the standard salary requirement with nondiscretionary bonuses, incentive payments, and commissions, provided these forms of compensation are paid at least quarterly. The Department sets the total annual compensation requirement for an exempt Highly Compensated Employee (HCE) equal to the annualized weekly earnings of the 90th percentile of full-time salaried workers nationally. The Department also adds a provision to the regulations that automatically updates the standard salary level and HCE compensation requirements every three years by maintaining the earnings percentiles set in this Final Rule to prevent these thresholds from becoming outdated. Finally, the Department has not made any changes in this Final Rule to the duties tests for the EAP exemption.

federalregister.gov | pdf |

   

From: DOL
More: employment

The Department of Labor's (Department or DOL) Final Rule revising the regulations for implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales, and computer employees, published in the Rules section of today's Federal Register, will become effective December 1, 2016. This document announces a time-limited non-enforcement policy for providers of Medicaid-funded services for individuals with intellectual or developmental disabilities in residential homes and facilities with 15 or fewer beds. From December 1, 2016 to March 17, 2019, the Department will not enforce the updated salary threshold of $913 per week for the subset of employers covered by this non-enforcement policy. Throughout the duration of this non-enforcement policy, the Department will engage in outreach and technical assistance efforts, including to providers of services in settings covered by this policy. This non-enforcement policy does not apply to providers of Medicaid- funded services for individuals with intellectual or developmental disabilities in residential care facilities with 16 or more beds.

federalregister.gov | pdf |

May 19, 2016

   

From: Bureau of Indian Affairs | Department of the Interior
More: california, cloverdale, gaming, land-into-trust

The Assistant Secretary—Indian Affairs made a final agency determination to acquire approximately 61.83 acres, more or less, of land in trust for the Cloverdale Rancheria of Pomo Indians, California, for gaming and other purposes on April 29, 2016.

federalregister.gov | pdf |

May 18, 2016

   

From: HUD
More: lgbt

On May 9, 2016, HUD published a proposed rule that would revise regulations for HUD's Native American and Native Hawaiian programs to incorporate existing rules that require HUD programs to be open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. After publication, HUD discovered an inadvertent mistake in the preamble to the document. The preamble contained incomplete information in the For Further Information Contact section. This document revises the For Further Information Contact section of the preamble.

federalregister.gov | pdf |

May 17, 2016

   

From: Department of Education
More: grants

Purpose of Program: The purposes of the Indian Education Professional Development Grants program are to (1) increase the number of qualified Indian individuals in professions that serve Indians; (2) provide training to qualified Indian individuals to become teachers, administrators, teacher aides, social workers, and ancillary educational personnel; and (3) improve the skills of qualified Indian individuals who serve in the education field.

federalregister.gov | pdf |

May 16, 2016

   

From: EPA
More: air, sovereignty, tas

Section 518 of the Clean Water Act (CWA), enacted as part of the 1987 amendments to the statute, authorizes EPA to treat eligible Indian tribes with reservations in a manner similar to states (TAS) for a variety of purposes, including administering each of the principal CWA regulatory programs and receiving grants under several CWA authorities. Since 1991, EPA has followed a cautious interpretation that has required tribes, as a condition of receiving TAS regulatory authority under section 518, to demonstrate inherent authority to regulate waters and activities on their reservations under principles of federal Indian common law. The Agency has consistently stated, however, that its approach was subject to change in the event of further congressional or judicial guidance addressing tribal authority under CWA section 518. Based on such guidance, EPA in the interpretive rule we are finalizing today concludes definitively that section 518 includes an express delegation of authority by Congress to Indian tribes to administer regulatory programs over their entire reservations, subject to the eligibility requirements in section 518. This reinterpretation streamlines the process for applying for TAS, eliminating the need for applicant tribes to demonstrate inherent authority to regulate under the Act and allowing eligible tribes to implement the congressional delegation of authority. The reinterpretation also brings EPA's treatment of tribes under the CWA in line with EPA's treatment of tribes under the Clean Air Act, which has similar statutory language addressing tribal regulation of Indian reservation areas. This interpretive rule does not revise any regulatory text. Regulatory provisions remain in effect requiring tribes to identify the boundaries of the reservation areas over which they seek to exercise authority and allowing the adjacent state(s) to comment to EPA on an applicant tribe's assertion of authority. This rule will reduce burdens on applicants associated with the existing TAS process and has no significant cost.

federalregister.gov | pdf |

   

From: Bureau of Indian Affairs | Department of the Interior
More: land-into-trust

This rule deletes the requirement for fee-to-trust applicants to furnish title evidence that meets the “Standards for the Preparation of Title Evidence in Land Acquisitions by the United States” issued by the U.S. Department of Justice (DOJ), and replaces the requirement with a more targeted requirement for title evidence, because adherence to the DOJ standards is not required for acquisitions of land in trust for individual Indians or Indian tribes.

federalregister.gov | pdf |

   

From: Health and Human Services | Indian Health Service
More: grants

The Indian Health Service published a document in the Federal Register on April 7, 2016, for the FY 2016 Tribal Management Grant Program. The notice contained the incorrect Fiscal Year regarding funding availability.

federalregister.gov | pdf |

May 13, 2016

   

From: Bureau of Indian Affairs | Department of the Interior
More: cherokee, federal recognition, georgia

The Department of the Interior (Department) gives notice that the Acting Assistant Secretary—Indian Affairs (AS-IA) proposes to determine that the petitioner known as the Georgia Tribe of Eastern Cherokee, Inc. is not an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioner has not submitted sufficient evidence to satisfy all seven of the criteria set forth in the applicable regulations and, therefore, does not meet the requirements for a government-to-government relationship with the United States.

federalregister.gov | pdf |

   

From: Bureau of Indian Affairs | Department of the Interior
More: consultation, land consolidation

This notice announces that the Department of the Interior (Department) is hosting a tribal consultation session regarding lien removal and Acquisition Fund disposition under the Indian Land Consolidation Program (ILCP).

federalregister.gov | pdf |

May 9, 2016

   

From: Bureau of Indian Affairs | Department of the Interior
More: information collection, self-determination

In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA) is seeking comments on the renewal of Office of Management and Budget (OMB) approval for the collection of information for Indian Self-Determination and Education Assistance Contracts, authorized by OMB Control Number 1076-0136. This information collection expires July 31, 2016.

federalregister.gov | pdf |

   

From: HUD
More: lgbt

This proposed rule would revise regulations for HUD's Native American and Native Hawaiian programs to incorporate existing rules that require HUD programs to be open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. Since HUD promulgated the “Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity” final rule in February, 2012, HUD has required that HUD-assisted and HUD-insured housing be made available in accordance with program eligibility requirements and without regard to sexual orientation, gender identity, or marital status, and has generally prohibited inquiries into sexual orientation or gender identity. In applying these non-discrimination requirements to HUD's Native American and Native Hawaiian programs, this proposed rule would further the Federal goal of providing decent housing and a suitable living environment for all.

federalregister.gov | pdf |

May 4, 2016

   

From: Bureau of Indian Affairs | Department of the Interior
More: federal recognition

This notice publishes the current list of 567 Tribal entities recognized and eligible for funding and services from the Bureau of Indian Affairs (BIA) by virtue of their status as Indian Tribes. The list is updated from the notice published on January 29, 2016 (81 FR 5019).

federalregister.gov | pdf |

   

From: Bureau of Indian Affairs | Department of the Interior
More: burial assistance

The Bureau of Indian Affairs (BIA) is confirming the interim final rule published on March 1, 2016, extending the deadline for filing an application for burial assistance to 180 days to address hardships resulting from the current short timeframe. The Department of the Interior (Department) did not receive any significant adverse comments during the public comment period on the interim final rule, and therefore confirms the rule without change.

federalregister.gov | pdf |

May 3, 2016

   

From: Department of Transportation
More: cowlitz, washington

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the I-5 interchange with NW., 319th Street/La Center Road (La Center Interchange Improvements) Project in the State of Washington. The action by FHWA is the Record of Decision (ROD) that selects improvements to the I-5 La Center Interchange as traffic mitigation measures for construction of the Cowlitz Reservation Development. The Cowlitz Reservation Development was the subject of the Bureau of Indian Affairs (BIA) ROD of April 2013. Actions by other Federal agencies include issuing amendments to previously issued permits.

federalregister.gov | pdf |

May 2, 2016

   

From: Department of the Interior | National Park Service
More: iowa, nagpra

The Office of the State Archaeologist Bioarchaeology Program, previously listed as the Office of the State Archaeologist Burials Program, has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Office of the State Archaeologist Bioarchaeology Program. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian tribes, or Native Hawaiian organizations stated in this notice may proceed.

federalregister.gov | pdf |

   

From: Department of the Interior | National Park Service
More: iowa, nagpra

The Office of the State Archaeologist Bioarchaeology Program, previously the Office of the State Archaeologist Burials Program, has completed an inventory of human remains, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and present-day Indian tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Office of the State Archaeologist Bioarchaeology Program. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian tribes, or Native Hawaiian organizations stated in this notice may proceed.

federalregister.gov | pdf |

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