[Federal Register: March 19, 2007 (Volume 72, Number 52)]
[Notices]
[Page 12830-12831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr07-90]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
List of Program Eligible for Inclusion in Fiscal Year 2007
Funding Agreements To Be Negotiated With Self-Governance Tribes
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice.
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SUMMARY: This notice lists program or portions of programs that are
eligible for inclusion in Fiscal Year 2007 funding agreements with
self-governance tribes and lists programmatic targets pursuant to
section 405(c)(4) of the Tribal Self-Governance Act.
DATES: This notice expires on September 30, 2007.
ADDRESSES: Inquiries or comments regarding this notice may be directed
to Mr. Richard Ives, Director, Native American and International
Affairs Office, Bureau of Reclamation, 1849 C Street, NW., MS-7069-MIB,
Washington, DC 20240.
SUPPLEMENTARY INFORMATION:
I. Background
Title II of the Indian Self-Determination Act Amendments of 1994
(Pub. L. 103-413, the `` Tribal Self-Governance Act'' or the ``Act'')
instituted a permanent self-governance program at the Department of the
Interior (DOI). Under the self-governance program certain programs,
services, functions, and activities, or portions thereof, in DOI
bureaus other than the Bureau of Indian Affairs (BIA) are eligible to
be planned, conducted, consolidated, and administered by a self-
governance tribal government.
Under section 405(c) of the Act, the Secretary of the Interior is
required to publish annually: (1) A list of non-BIA programs, services,
functions, and activities, or portions thereof, that are eligible for
inclusion in agreements negotiated under the self-governance program;
and (2) programmatic targets for these bureaus.
Under the Act, two categories of non-BIA programs are eligible for
self-governance funding agreements (AFAs):
(1) Under section 403(b)(2) of the Act, any non-BIA program,
service, function or activity that is administered by DOI that is
``otherwise available to Indian tribes or Indians,'' can be
administered by a tribal government 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 Indian Self-Determination and Education Assistance Act
(Pub. L. 93-638, as amended). 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 by law.''
(2) Under section 403(c) of the Act, the Secretary may include
other programs, services, functions, and activities or portions thereof
that are of ``special geographic, historical, or cultural
significance'' to a self-governance tribe.
Under section 403(k) of the Act, funding agreements cannot 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, a
tribe (or tribes) need not be identified in the authorizing statutes in
order for a program or element to be included in a self-governance
funding agreement. While general legal and policy guidance regarding
what constitutes an inherently Federal function exists, we will
determine whether a specific function is inherently Federal on a case-
by-case basis considering the totality of circumstances.
Response to Comments
The Office of Self-Governance requested comments on the proposed
list on June 14, 2006. A number of editorial and technical changes were
provided by Interior's bureaus and incorporated into this Notice. While
the Notice of June 14, 2006, illustrated all eligible non-BIA programs
for DOI, this Notice is particular to the Bureau of Reclamation.
II. Eligible Non-BIA Programs of the Bureau of Reclamation
Below is a listing 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 and not precluded by any other law, or may have ``special geographic,
historical, or cultural significance'' to a participating tribe. The
list represents the most current information on programs potentially
available to tribes under a self-governance funding agreement.
The Bureau of Reclamation will also consider for inclusion in
funding agreements other programs or activities not included below, but
which, upon
[[Page 12831]]
request of a self-governance tribe, the Bureau of Reclamation
determines to be eligible under either sections 403(b)(2) or 403(c) of
the Act. Tribes with an interest in such potential agreements are
encouraged to begin such discussions.
The Bureau of Reclamation operates a wide range of water resource
management projects for hydroelectric power generation, municipal and
industrial water supplies, flood control, outdoor recreation,
enhancement of fish and wildlife habitats, and research. Most of the
Bureau of Reclamation's activities involve construction, operation and
maintenance, and management of water resources projects and associated
facilities. Components of the following water resource management and
construction projects may be eligible for inclusion in a self-
governance funding agreement.
1. Klamath Project, California and Oregon.
2. Trinity River Restoration Project, California and Oregon.
3. Central Arizona Project, Arizona and New Mexico.
4. Drought Relief, 17 Reclamation States.
5. Rocky Boy's/North Central Montana Regional Water System,
Montana.
6. Indian Water Rights Settlement Projects, as Congressionally
authorized.
For questions regarding self-governance contact Mr. Richard Ives,
Director, Native American and International Affairs Office, Bureau of
Reclamation, 1849 C Street, NW., MS-7069-MIB, Washington, DC 20240,
telephone 202-513-0625, fax 202-513-0311.
III. Programmatic Targets
During Fiscal Year 2007, upon request of a self-governance tribe,
the Bureau of Reclamation will negotiate funding agreements for its
eligible programs beyond those already negotiated.
Dated: February 21, 2007.
Mark Limbaugh,
Assistant Secretary--Water and Science.
[FR Doc. 07-1323 Filed 3-16-07; 8:45 am]
BILLING CODE 4310-MN-M
