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Notice

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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Document Details

Document Number2024-30252
TypeNotice
PublishedDec 19, 2024
Effective Date-
RIN-
Docket ID256A2100DD/AAKC001030/A0A51010.999900
Text FetchedYes

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Full Document Text (4,723 words · ~24 min read)

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<NOTICE> DEPARTMENT OF THE INTERIOR <SUBAGY>Bureau of Indian Affairs</SUBAGY> <DEPDOC>[256A2100DD/AAKC001030/A0A51010.999900]</DEPDOC> <SUBJECT>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</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Office of the Secretary, Interior. <HD SOURCE="HED">ACTION:</HD> Notice. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> These programs are eligible for inclusion in self-governance funding agreements until September 30, 2025. </DATES> <HD SOURCE="HED">ADDRESSES:</HD> 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 <E T="03">Vickie.Hanvey@bia.gov;</E> by fax at 202-219-4246; or to the bureau-specific points of contact listed below. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Contacts from the following bureaus and offices are available to answer questions about this notice or regarding self-governance: • <E T="03">Office of Self Governance:</E> Vickie Hanvey, Program Policy Analyst, Office of Self Governance, by telephone at (918) 931-0745, or via email at <E T="03">vickie.hanvey@bia.gov.</E> • <E T="03">Bureau of Land Management:</E> Byron Loosle, Division Chief for National Conservation Lands, by telephone at (202) 302-1442, or via email at <E T="03">bloosle@blm.gov.</E> • <E T="03">Bureau of Reclamation:</E> Mr. Kelly Titensor, Native American Affairs Advisor, by telephone at (202) 513-0558 or via email at <E T="03">ktitensor@usbr.gov.</E> • <E T="03">Office of Natural Resources Revenue:</E> Bethany Hagen-Templin, Tribal Liaison, by telephone at 303-231-3667 or via email at <E T="03">onrrtriballiaisonofficer@onrr.gov.</E> • <E T="03">National Park Service:</E> Dorothy FireCloud, Native American Affairs Liaison, by telephone at (202) 354-2090, or via email at <E T="03">dorothy_firecloud@nps.gov.</E> • <E T="03">U.S. Fish and Wildlife Service:</E> Scott Aikin, National Native American Programs Coordinator, by telephone at (202) 285-3411, or via email at <E T="03">scott_aikin@fws.gov.</E> • <E T="03">U.S. Geological Survey:</E> Chris Hammond, Head, Office of Tribal Relations, by telephone at (703) 648-6621, or via email at <E T="03">chammond@usgs.gov.</E> • <E T="03">Bureau of Trust Funds Administration:</E> Lee Frazier, Program Analyst, by telephone at (202) 208-7587, or via email at <E T="03">lee_frazier@btfa.gov.</E> • <E T="03">Appraisal and Valuation Services Office (AVSO):</E> Eldred F. Lesansee, Associate Deputy Director, Office of Tribal Sovereignty, by telephone at (505) 414-3805, or via email at <E T="03">eldred_lesansee@ios.doi.gov.</E> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> 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. <HD SOURCE="HD1">II. Funding Agreements Between Self-Governance Tribes and Non-BIA Bureaus of the Department of the Interior for Fiscal Year 2024</HD> 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. <HD SOURCE="HD2">A. Bureau of Land Management</HD> The Bureau of Land Management has entered funding agreements with the following Tribes for Fiscal Year 2024: • Council of Athabascan Tribal Governments; and • Duckwater Shoshone Tribe of the Duckwater Reservation. <HD SOURCE="HD2">B. Bureau of Reclamation</HD> The Bureau of Reclamation has entered funding agreements with the following Tribes for Fiscal Year 2024: • Gila River Indian Community of the Gila River Indian Reservation; • Hoopa Valley Tribe; • Karuk Tribe; and • Yurok Tribe of the Yurok Reservation. <HD SOURCE="HD2">C. Office of Natural Resources Revenue</HD> The Office of Natural Resources Revenue has entered no funding agreements with any Tribes for Fiscal Year 2024. <HD SOURCE="HD2">D. National Park Service</HD> The National Park Service has entered funding agreements with the following Tribes for Fiscal Year 2024: • Alaska Regional Office—Tanana Chiefs Conference; • Bandelier National Monument—Santa Clara Pueblo; • Bering Land Bridge National Preserve—Kawerak, Inc.; • Grand Portage Band of Lake Superior Chippewa Indians—Minnesota Chippewa Tribe; • River Raisin National Battlefield Park—Wyandotte Nation; • Valles Caldera National Preserve—Santa Clara Pueblo; and • Redwood National and State Parks with Yurok Tribe of the Yurok Reservation. <HD SOURCE="HD2">E. Fish and Wildlife Service</HD> The Fish and Wildlife Service has entered a funding agreement with the following Tribe for Fiscal Year 2024: • Council of Athabascan Tribal Governments. <HD SOURCE="HD2">F. U.S. Geological Survey</HD> The U.S. Geological Survey has entered a funding agreement with the following Tribe for Fiscal Year 2024: • Yurok Tribe of the Yurok Reservation. <HD SOURCE="HD2">G. Bureau of Trust Fund Administration</HD> The Bureau of Trust Fund Administration has entered a funding agreement with the following Tribe for Fiscal Year 2024: • Confederated Salish and Kootenai Tribes of the Flathead Reservation, and • Cherokee Nation. <HD SOURCE="HD2">H. Appraisal and Valuation Services Office</HD> The Appraisal and Valuation Services Office has entered funding agreements with the following Tribes for Fiscal Year 2024: • Quapaw Nation; • Morongo Band of Mission Indians; • Muckleshoot Indian Tribe; • Pueblo of Taos; • Confederated Tribes of the Umatilla Indian Reservation; • Association of Village Council Presidents; • Kawerak, Inc.; • Native Village of Tanana; • Tanana Chiefs Conference (includes Gwichyaa Gwich'in, aka Fort Yukon); • Central Council of the Tlingit and Haida Indian Tribes; • ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 35k characters. 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