[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Notices]
[Pages 27353-27358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11551]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
List of Programs Eligible for Inclusion in Fiscal Year 2010
Funding Agreements To Be Negotiated With Self-Governance Tribes by
Interior Bureaus Other Than the Bureau of Indian Affairs
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice lists programs or portions of programs that are
eligible for inclusion in Fiscal Year 2010 funding agreements with
self-governance tribes
[[Page 27354]]
and lists programmatic targets for each of the non-BIA bureaus,
pursuant to section 405(c)(4) of the Tribal Self-Governance Act.
DATES: This notice expires on September 30, 2010.
ADDRESSES: Inquiries or comments regarding this notice may be directed
to Sharee M. Freeman, Director, Office of Self-Governance (MS 355-H--
SIB), 1849 C Street, NW., Washington, DC 20240-0001, telephone: (202)
219-0240, fax: (202) 219-1404, or to the bureau points of contact
listed below.
SUPPLEMENTARY INFORMATION:
I. Background
Title IV of the Indian Self-Determination Act Amendments of 1994
(Pub. L. 103-413, the ``Tribal Self-Governance Act,'' or the ``Act''),
25 U.S.C. 458aa et seq., 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 Interior bureaus other than BIA are eligible to be
planned, conducted, consolidated, and administered by a self-governance
tribal government.
Under section 405(c) of the Tribal Self-Governance Act, 25 U.S.C.
458ee(c), 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 Tribal Self-Governance Act, two categories of non-BIA
programs are eligible for self-governance funding agreements:
(1) Under section 403(b)(2) of the Act, 25 U.S.C. 458cc(b)(2), any
non-BIA program, service, function or activity that is administered by
Interior 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), 25
U.S.C. 458cc(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.''
(2) Under section 403(c) of the Act, 25 U.S.C. 458cc(c), the
Secretary may include other programs, services, functions, and
activities or portions thereof that are of ``special geographic,
historical, or cultural significance'' to the self-governance tribe to
assume them.
Section 403(k) of the Act, 25 U.S.C. 458cc(k), notes that the Act
does not authorize funding agreements that include programs, services,
functions, or activities that are inherently Federal or where the
statute establishing the 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, each non-BIA bureau will determine
whether a specific function is inherently Federal on a case-by-case
basis considering the totality of circumstances.
Subparts F and G of the Self-Governance Regulations found at 25 CFR
Part 1000 provides the process and timelines for negotiating self-
governance funding agreements with non-BIA bureaus.
Response to Comments
Four comments on January 6, 2010 were received from an existing
self-governance Tribe. (1) The suggestion was made to provide guidance
on the negotiation process with non-BIA bureaus. A reference to
Subparts F and G of the self-governance regulations was added to
Section I Background; (2) The suggestion was made to clarify the term
``we'' in the last sentence of Section I Background as it relates to
the entity responsible for deciding whether a function is an inherently
Federal function. The word ``we'' was revised to read ``each non-BIA
bureau;'' (3) A typographical error was identified and corrected; and
(4) A suggestion was made strongly urging that consultation take place
for the current listing. A consultation session on a Draft Notice for
2011 is planned to be held at the Self-Governance Conference being held
in Phoenix, Arizona during the first week of May. Previously, non-BIA
bureaus were delegated the responsibility publish their own listing. A
decision was made late in the process to consolidate the listings into
one Notice for 2010. Time was not available to hold a consultation
session on the current listing. However, the opportunity to review and
provide comments on the 2010 Draft Notice was provided to Self-
Governance Tribes.
Five comments were received from two non-BIA agencies. For the
National Park Service, a program entry was added to the list of
eligible programs and three entries were added to the list of eligible
parks in Alaska. Two format changes and one phone number correction was
made for the Bureau of Reclamation entry.
II. Funding Agreements Between Self-Governance Tribes and Non-BIA
Bureaus of the Department of the Interior for Fiscal Year 2010
A. Bureau of Land Management (none)
B. Bureau of Reclamation (5)
Gila River Indian Community
Chippewa Cree Tribe of Rocky Boy's Reservation
Hoopa Valley Tribe
Karuk Tribe of California
Yurok Tribe
C. Minerals Management Service (none)
D. National Park Service (3)
Grand Portage Band of Lake Superior Chippewa Indians
Lower Elwha S'Klallam Tribe
Yurok Tribe
E. Fish and Wildlife Service (2)
Council of Athabascan Tribal Governments
Confederated Salish and Kootenai Tribes of the Flathead Reservation
F. U.S. Geological Survey (none)
G. Office of the Special Trustee for American Indians (1)
Confederated Salish and Kootenai Tribes of the Flathead Reservation
III. Eligible Programs of the Department of the Interior Non-BIA
Bureaus
Below is a listing by bureau 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 law, or may have ``special
geographic, historical, or cultural significance'' to a participating
tribe. The lists represent the most current information on programs
potentially available to tribes under a self-governance funding
agreement.
The Department will also consider for inclusion in funding
agreements other programs or activities not included below, but 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, 25
U.S.C. 458cc(b)(2) or (c). Tribes with an interest in such potential
agreements are encouraged to begin discussions with the appropriate
non-BIA bureau.
[[Page 27355]]
A. Eligible Non-BIA Programs of the Bureau of Land Management (BLM)
The BLM carries out some of its activities in the management of
public lands through contracts and cooperative agreements. These and
other activities may be available for inclusion in self-governance
funding agreements, dependent upon availability of funds, the need for
specific services, and the self-governance tribe demonstrating a
special geographic, culture, or historical connection to the activity.
Once a tribe has made initial contact with the BLM, more specific
information will be provided by the respective BLM State office.
Some elements of the following programs may be eligible for
inclusion in a self-governance funding agreement. This listing is not
all-inclusive, but is representative of the types of programs that may
be eligible for tribal participation through a funding agreement.
a. Tribal Services
1. Minerals Management. Inspection and enforcement of Indian oil
and gas operations: Inspection, enforcement and production verification
of Indian coal and sand and gravel operations are already available for
contracts under Title I of the Act and, therefore, may be available for
inclusion in a funding agreement.
2. Cadastral Survey. Tribal and allottee cadastral survey services
are already available for contracts under Title I of the Act and,
therefore, may be available for inclusion in a funding agreement.
b. Other Activities
1. Cultural heritage. Cultural heritage activities, such as
research and inventory, may be available in specific States.
2. Forestry Management. Activities such as environmental studies,
tree planting, thinning, and similar work may be available in specific
States.
3. Range Management. Activities, such as revegetation, noxious weed
control, fencing, construction and management of range improvements,
grazing management experiments, range monitoring, and similar
activities may be available in specific States.
4. Riparian Management. Activities, such as facilities
construction, erosion control, rehabilitation, and other similar
activities may be available in specific States.
5. Recreation Management. Activities, such as facilities
construction and maintenance, interpretive design and construction, and
similar activities may be available in specific States.
6. Wildlife and Fisheries Habitat Management. Activities, such as
construction and maintenance, interpretive design and construction, and
similar activities may be available in specific States.
7. Wild Horse Management. Activities, such as wild horse round-ups,
adoption and disposition, including operation and maintenance of wild
horse facilities, may be available in specific States.
For questions regarding self-governance, contact Jerry Cordova,
Bureau of Land Management, 1849 C Street, MS L St--204, NW.,
Washington, DC 20240, telephone: (202) 912-7245, fax: (202) 452-7701.
B. Eligible Non-BIA Programs of the Bureau of Reclamation
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. To this end, most of Reclamation's activities involve
the construction, operation and maintenance, and management of water
resources projects and associated facilities, as well as research and
development related to its responsibilities. Reclamation water
resources projects provide water for agricultural, municipal and
industrial water supplies; hydroelectric power generation; flood
control; outdoor recreation; and enhancement of fish and wildlife
habitats.
Components of the following water resource projects listed below
may be eligible for inclusion in a self-governance annual funding
agreement. This list was developed with consideration of the proximity
of identified self-governance tribes to Reclamation projects.
1. Klamath Project, California and Oregon.
2. Trinity River Fishery, California.
3. Central Arizona Project, Arizona.
4. Rocky Boy's/North Central Montana Regional Water System,
Montana.
5. Indian Water Rights Settlement Projects, as authorized by
Congress.
Reclamation also has some programs (e.g., drought relief) under
which funding may be provided for specific tribal projects which
qualify under the applicable program criteria, subject to available
funding. When such projects are for the benefit of self-governance
tribes, the projects, or portions thereof, may be eligible for
inclusion in self-governance funding agreements.
Upon the request of a self-governance tribe, Reclamation will also
consider for inclusion in funding agreements, other programs or
activities which Reclamation determines to be eligible under Section
403(b)(2) or 403(c) of the Ac, 25 U.S.C. 458cc (b)(2) or (c).
For questions regarding self-governance, contact Mr. Douglas
Oellermann, Policy Analyst, Native American and International Affairs
Office, Bureau of Reclamation (96-43200); 1849 C Street, NW., MS 7069--
MIB, Washington, DC 20240, telephone: (202) 513-0560, fax: (202) 513-
0311.
C. Eligible Non-BIA Programs of the Minerals Management Service (MMS)
The MMS provides stewardship of America's offshore resources and
collects revenues generated from mineral leases on Federal and Indian
lands. The MMS is responsible for the management of the Federal Outer
Continental shelf, which are submerged lands off the coasts that have
significant energy and mineral resources. Within the Offshore Energy
Minerals Management program, environmental impact assessments and
statements and environmental studies may be available if a self-
governance tribe demonstrates a special geographic, cultural or
historical connection to them.
Within the Minerals Revenue Management (MRM) program, the MMS also
offers mineral-owning tribes opportunities to become involved in MRM
programs. These programs are good preparation for assuming other
technical functions. Generally, MRM program functions are available to
tribes because of the Federal Oil and Gas Royalty Management Act of
1983 (FOGRMA) at 30 U.S.C. 1701. The MRM program functions that may be
available to self-governance tribes include:
1. Audit of Tribal Royalty Payments. Audit activities for tribal
leases, except for the issuance of orders, final valuation decisions,
and other enforcement activities. (For tribes already participating in
MMS cooperative audits, this program is offered as an option.)
2. Verification of Tribal Royalty Payments. Financial compliance
verification and monitoring activities, and production verification.
3. 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.
4. Tribal Royalty Valuation. Preliminary analysis and
recommendations for valuation and allowance determinations and
approvals.
[[Page 27356]]
5. Royalty Management of Allotted Leases. Mineral revenue
collections of allotted leases, provided that MMS consults with and
obtains written approval from affected individual Indian mineral owners
to delegate this responsibility to the tribe.
6. Online Monitoring of Royalties and Accounts. Online computer
access to reports, payments, and royalty information contained in MMS
accounts. The MMS will install equipment at tribal locations, train
tribal staff, and assist tribes in researching and monitoring all
payments, reports, accounts, and historical information regarding their
leases.
7. 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 FOGRMA section 202 cooperative agreement, as this is
the term contained in FOGRMA and implementing regulations at 30 CFR
228.4.
For questions regarding self-governance, contact Shirley M. Conway,
Special Assistant to the Associate Director, Minerals Revenue
Management, Minerals Management Service, (MS 5438--MIB), 1849 C Street,
NW., Washington, DC 20240, telephone: (202) 208-3981, fax: (202) 208-
6684.
D. Eligible Programs of the National Park Service (NPS)
The National Park Service administers the National Park System made
up of national parks, monuments, historic sites, battlefields,
seashores, lake shores and recreation areas. The National Park Service
maintains the park units, protects the natural and cultural resources,
and conducts a range of visitor services such as law enforcement, park
maintenance, and interpretation of geology, history, and natural and
cultural resources.
Some elements of the following programs may be eligible for
inclusion in a self-governance funding agreement. This list was
developed considering the proximity of an identified self-governance
tribe to a national park, monument, preserve, or recreation area and
programs with components that may be suitable for contracting through a
self-governance funding agreement. This listing is not all inclusive,
but is representative of the types of programs which may be eligible
for tribal participation through funding agreements.
a. Archaeological Surveys
b. Comprehensive Management Planning
c. Cultural Resource Management Projects
d. Ethnographic Studies
e. Erosion Control
f. Fire Protection
g. Gathering Baseline Subsistence Data--Alaska
h. Hazardous Fuel Reduction
i. Housing Construction and Rehabilitation
j. Interpretation
k. Janitorial Services
l. Maintenance
m. Natural Resource Management Projects
n. Operation of Campgrounds
o. Range Assessment--Alaska
p. Reindeer Grazing--Alaska
q. Road Repair
r. Solid Waste Collection and Disposal
s. Trail Rehabilitation
t. Watershed Restoration and Maintenance
u. Beringia Research
v. Elwha River Restoration
w. Recycling Programs
Locations of National Park Service Units With Close Proximity to Self-
Governance Tribes
1. Aniakchack National Monument & Preserve--Alaska.
2. Bering Land Bridge National Preserve--Alaska.
3. Cape Krusenstern National Monument--Alaska.
4. Denali National Park & Preserve--Alaska.
5. Gates of the Arctic National Park & Preserve--Alaska.
6. Glacier Bay National Park and Preserve--Alaska.
7. Katmai National Park and Preserve--Alaska.
8. Kenai Fjords National Park--Alaska.
9. Klondike Gold rush National Historical Park--Alaska.
10. Kobuk Valley National Park--Alaska.
11. Lake Clark National Park and Preserve--Alaska.
12. Noatak National Preserve--Alaska.
13. Sitka National Historical Park--Alaska.
14. Wrangell-St. Elias National Park and Preserve--Alaska.
15. Yukon-Charley Rivers National Preserve--Alaska.
16. Casa Grande Ruins National Monument--Arizona.
17. Hohokam Pima National Monument--Arizona.
18. Montezuma Castle National Monument--Arizona.
19. Organ Pipe Cactus National Monument--Arizona.
20. Saguaro National Park--Arizona.
21. Tonto National Monument--Arizona.
22. Tumacacori National Historical Park--Arizona.
23. Tuzigoot National Monument--Arizona.
24. Arkansas Post National Memorial--Arkansas.
25. Joshua Tree National Park--California.
26. Lassen Volcanic National Park--California.
27. Redwood National Park--California.
28. Whiskeytown National Recreation Area--California.
29. Hagerman Fossil Beds National Monument--Idaho.
30. Effigy Mounds National Monument--Iowa.
31. Fort Scott National Historic Site--Kansas.
32. Tallgrass Prairie National Preserve--Kansas.
33. Boston Harbor Islands National Recreation Area--Massachusetts.
34. Cape Cod National Seashore--Massachusetts.
35. New Bedford Whaling National Historical Park--Massachusetts.
36. Sleeping Bear Dunes National Lakeshore--Michigan.
37. Grand Portage National Monument--Minnesota.
38. Voyageurs National Park--Minnesota.
39. Bear Paw Battlefield, Nez Perce National Historical Park--
Montana.
40. Glacier National Park--Montana.
41. Great Basin National Park--Nevada.
42. Aztec Ruins National Monument--New Mexico.
43. Bandelier National Monument--New Mexico.
44. Carlsbad Caverns National Park--New Mexico.
45. Chaco Culture National Historic Park--New Mexico.
46. White Sands National Monument--New Mexico.
47. Fort Stanwix National Monument--New York.
48. Cuyahoga Valley National Park--Ohio.
49. Hopewell Culture National Historical Park--Ohio.
50. Chickasaw National Recreation Area--Oklahoma.
51. John Day Fossil Beds National Monument--Oregon.
52. Alibates Flint Quarries National Monument--Texas.
53. Guadalupe Mountains National Park--Texas.
54. Lake Meredith National Recreation Area--Texas.
55. Ebey's Landing National Recreation Area--Washington.
[[Page 27357]]
56. Mt. Rainier National Park--Washington.
57. Olympic National Park--Washington.
58. San Juan Islands National Historic Park--Washington.
59. Whitman Mission National Historic Site--Washington.
For questions regarding self-governance, contact Dr. Patricia
Parker, Chief, American Indian Liaison Office, National Park Service,
1201 Eye Street NW., (Org. 2560, 9th Floor), Washington, DC 20005-5905,
telephone: (202) 354-6962, fax: (202) 371-6609.
E. Eligible Non-BIA Programs of the Fish and Wildlife Service (Service)
The mission of the Service is to conserve, protect, and enhance
fish, wildlife, and their habitats for the continuing benefit of the
American people. Primary responsibilities are for migratory birds,
endangered species, freshwater and anadromous fisheries, and certain
marine mammals. The Service also has a continuing cooperative
relationship with a number of Indian tribes throughout 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. This list is not all-inclusive,
but is representative of the types of Service programs that may be
eligible for tribal participation through an annual funding agreement.
1. 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.
2. 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.
3. Endangered Species Programs. Conduct activities associated with
the conservation and recovery of threatened or endangered species
protected under the Endangered Species Act (ESA); candidate species
under the ESA may be eligible for self-governance funding agreements.
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.
4. 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 assisting with environmental education and
outreach efforts in local villages.
5. Environmental Contaminants Program. Conduct activities
associated with identifying and removing toxic chemicals, which 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.
6. Wetland and Habitat Conservation Restoration. Provide services
for construction, planning, and habitat monitoring and activities
associated with conservation and restoration of wetland habitat.
7. Fish Hatchery Operations. Conduct activities to recover aquatic
species listed under the Endangered Species Act, restore native aquatic
populations, and provide fish to benefit Tribes and National Wildlife
Refuges that may be eligible for a self-governance funding agreement
may include, but are not limited to: E.g. taking, rearing and feeding
of fish, disease treatment, tagging, and clerical or facility
maintenance at a fish hatchery.
8. 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.
Locations of Refuges and Hatcheries with Close Proximity to Self-
Governance Tribes:
The Service developed the list below based on the proximity of
identified self-governance tribes to Service facilities that have
components that may be suitable for contracting through a self-
governance funding agreement.
1. Alaska National Wildlife Refuges--Alaska
2. Alchesay National Fish Hatchery--Arizona
3. Humboldt Bay National Wildlife Refuge--California
4. Kootenai National Wildlife Refuge--Idaho
5. Agassiz National Wildlife Refuge--Minnesota
6. Mille Lacs National Wildlife Refuge--Minnesota
7. Rice Lake National Wildlife Refuge--Minnesota
8. Sequoyah National Wildlife Refuge--Oklahoma
9. Tishomingo National Wildlife Refute--Oklahoma
10. Bandon Marsh National Wildlife Refuge--Washington
11. Dungeness National Wildlife Refuge--Washington
12. Makah National Fish Hatchery--Washington
13. Nisqually National Wildlife Refuge--Washington
14. Quinault National Fish Hatchery--Washington
15. San Juan Islands National Wildlife Refuge--Washington
16. Tamarac National Wildlife Refuge--Wisconsin
For questions regarding self-governance, contact Patrick Durham,
Fish and Wildlife Service (MS-330), 4401 N. Fairfax Drive, Arlington VA
22203, telephone: (703) 358-1728, fax: (703) 358-1930.
F. Eligible Non-BIA Programs of the U.S. Geological Survey (USGS)
The mission of the USGS is to collect, analyze, and provide
information on biology, geology, hydrology, and geography that
contributes to the wise management of the Nation's natural resources
and to the health, safety, and well-being of the American people. This
information is usually publicly available and includes 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 its activities.
For questions regarding self-governance, contact Kaye Cook, U.S.
Geological Survey, 12201 Sunrise Valley Drive, Reston, VA 20192,
telephone 703-648-7442, fax 703-648-7451.
G. Eligible Programs of the Office of the Special Trustee for American
Indians (OST)
The Department of the Interior has responsibility for what may be
the largest land trust in the world, approximately 56 million acres.
OST oversees the management of Indian trust assets, including income
generated from leasing and other commercial activities on Indian trust
lands, by maintaining, investing and disbursing Indian trust
[[Page 27358]]
financial assets, and reporting on these transactions. The mission of
the OST is to serve Indian communities by fulfilling Indian fiduciary
trust responsibilities. This is to be accomplished through the
implementation of a Comprehensive Trust Management Plan (CTM) that is
designed to improve trust beneficiary services, ownership information,
management of trust fund assets, and self-governance activities.
A tribe operating under self-governance may include the following
programs, services, functions, and activities or portions thereof in a
funding agreement:
1. Beneficiary Processes Program (Individual Indian Money
Accounting Technical Functions).
2. Appraisal Services Program.
Tribes/Consortia that currently perform these programs under a
self-governance funding agreement with the BIA, may negotiate a
separate Memorandum of Understanding (MOU) with OST that outlines the
roles and responsibilities for management of these programs.
The MOU between the Tribe/Consortium and OST outlines the roles and
responsibilities for the performance of the OST program by the Tribe/
Consortium. If those roles and responsibilities are already fully
articulated in the existing funding agreement with the BIA, 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
OST, which will be binding on both parties and attached and
incorporated into the BIA funding agreement.
If a Tribe/Consortium decides to assume the operation of an OST
program, the new funding for performing that program will come from OST
program dollars. A Tribe's newly-assumed operation of the OST
program(s) will be reflected in the Tribe's funding agreement.
For questions regarding self-governance, contact Lee Frazier,
Program Analyst, Office of External Affairs, Office of the Special
Trustee for American Indians (MS 5140-MIB), 1849 C Street, NW.,
Washington, DC 20240-0001, phone: (202) 208-7587, fax: (202) 208-7545.
IV. Programmatic Targets
During Fiscal Year 2010, upon request of a self-governance tribe,
each non-BIA bureau will negotiate funding agreements for its eligible
programs beyond those already negotiated.
Dated: May 5, 2010.
Ken Salazar,
Secretary.
[FR Doc. 2010-11551 Filed 5-13-10; 8:45 am]
BILLING CODE 4310-W8-P