2007 Federal Register Documents
December
NOTICES DEPARTMENT OF THE INTERIOR, Office of the Secretary (12/28/07)
Reaffirmation of Statement of Findings: Southern Arizona Water Rights Settlement Amendments Act of 2004, Friday, December 28, 2007, 72 FR 73876-01, (PDF),
2007 WL 4555083
SUMMARY: The Secretary of the Interior (Secretary) is publishing this notice in accordance with section 302(b) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (Settlement Amendments Act), Public Law 108-451, 118 Stat. 3536, 3571-72, and H.R. 3739 (Public Law Number forthcoming). Congress enacted the Settlement Amendments Act as Title III of the Arizona Water Settlements Act (AWSA), Public Law 108-451, 118 Stat. 3478 et seq. The publication of this notice causes the amendments to the Southern Arizona Water Rights Settlement Act of 1982 (1982 Act), Public Law 97-293, 96 Stat. 1274 (as amended), made by the Settlement Amendments Act to take effect.
RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, Minerals Management Service, 30 CFR Part 206 (12/17/07)
Indian Oil Valuation, Monday, December 17, 2007, 72 FR 71231-01, (PDF),
2007 WL 4368596
SUMMARY: The Minerals Management Service (MMS) is amending the existing regulations regarding valuation, for royalty purposes, of oil produced from Indian leases. These amendments will clarify and update the existing regulations.
NOTICES DEPARTMENT OF THE INTERIOR, Office of the Secretary (12/14/07)
Statement of Findings: Southern Arizona Water Rights Settlement Amendments Act of 2004, Friday, December 14, 2007, 72 FR 71145-01, (PDF),
2007 WL 4351205
SUMMARY: The Secretary of the Interior is publishing this notice in accordance with section 302(b) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (Settlement Amendments Act), Public Law 108-451, 118 Stat. 3536, 3571-72. Congress enacted the Settlement Amendments Act as Title III of the Arizona Water Settlements Act (AWSA), Public Law 108-451, 118 Stat. 3478 et seq. The publication of this notice causes the amendments to the Southern Arizona Water Rights Settlement Act of 1982 (1982 Act), Public Law 97-293, 96 Stat. 1274 (as amended), made by the Settlement Amendments Act to take effect.
NOTICES DEPARTMENT OF THE INTERIOR, Office of the Secretary (12/14/07)
Statement of Findings: Gila River Indian Community Water Rights Settlement Act
of 2004, Friday, December 14, 2007, 72 FR 71143-03, (PDF),
2007 WL 4351204
SUMMARY: The Secretary of the Interior is publishing this notice in accordance with section 207(c) of the Gila River Indian Community Water Rights Settlement Act of 2004 (Settlement Act), Public Law 108-451, 118 Stat. 3499, 3519-20. Congress enacted the Settlement Act as Title II of the Arizona Water Settlements Act (AWSA), Public Law 108-451, 118 Stat. 3478 et seq. The publication of this notice causes the waivers and releases of certain claims to become effective as required by the Settlement Act.
NOTICES DEPARTMENT OF THE INTERIOR, National Park Service (12/12/07)
Native American Graves Protection and Repatriation Review Committee: Meeting, Wednesday, December 12, 2007, 72 FR 70607-03, (PDF),
2007 WL 4315702
SUMMARY: The Native American Graves Protection and Repatriation Review Committee will conduct a meeting via teleconference on Tuesday, January 8, 2008 to provide comments on the proposed rule regarding the disposition of culturally unidentifiable human remains [43 CFR 10.11].
RULES and REGULATIONS ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 49 (12/10/07)
Approval and Promulgation of Saint Regis Mohawk's Tribal Implementation Plan, Monday, December 10, 2007, 72 FR 69618-02, (PDF),
2007 WL 4296200
SUMMARY: The EPA is approving the St. Regis Mohawk Tribe (SRMT) Tribal Implementation Plan (TIP). The SRMT TIP contains programs to address ambient air quality standards, emissions inventory, permitting, synthetic minor facilities, source surveillance, open burning, enforcement, review of state permits, and regional haze planning. EPA's action makes the approvable portions of the SRMT TIP, as discussed in this action, federally enforceable. The approvable portions of the TIP are equivalent to current EPA regulations, procedures, or ambient air quality standards. The intended effect of the approved TIP is to protect air quality and population within the exterior boundaries of the SRMT Reservation.
NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (12/3/07)
Proposed Finding Against Acknowledgment of the Juaneno Band of Mission Indians (Petitioner #84B), Monday, December 3, 2007, 72 FR 67951-01, (PDF),
2007 WL 4223144
SUMMARY: Pursuant to 25 CFR 83.10(h), the Department of the Interior (Department) notice is hereby given that the Assistant Secretary, Indian Affairs (AS-IA) proposes to determine that the Juaneno Band of Mission Indians (Petitioner #84B, JBB), c/o Joe Ocampo, 1108 East Fourth Street, Santa Ana, California 92701, and c/o Bud Sepulveda, P.O. Box 25628, Santa Ana, California 92799, is not an Indian tribe within the meaning of Federal law. Due to the group's recent internal leadership conflict, this notice is addressed to both individuals who claim to be its leader. The Department has not addressed this dispute in this proposed finding (PF). These individuals hopefully will resolve this conflict by the time of the final determination (FD).
This notice is based on a determination that the petitioner does not satisfy all seven of the criteria set forth in Part 83 of Title 25 of the Code of Federal Regulations (25 CFR part 83), specifically criteria 83.7(a), 83.7(b), 83.7(c), and 83.7(e), and therefore, does not meet the requirements for a government-to-government relationship with the United States.
NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (12/3/07)
Proposed Finding Against Acknowledgment of the Juane?o Band of Mission Indians, Acjachemen (Petitioner #84A), Monday, December 3, 2007, 72 FR 67948-01, (PDF),
2007 WL 4223143
SUMMARY: Pursuant to 25 CFR 83.10(h), the Department of the Interior (Department) gives notice that the Assistant Secretary--Indian Affairs (AS-IA) proposes to determine that the Juane?o Band of Mission Indians, Acjachemen Nation (JBA, Petitioner #84A), c/o Anthony Rivera, Jr., 31411-A La Matanza Street, San Juan Capistrano, California 92675, is not an Indian tribe within the meaning of Federal law.
This notice is based on a determination that the petitioner does not satisfy all seven of the criteria set forth in Part 83 of Title 25 of the Code of Federal Regulations (25 CFR part 83), specifically criteria 83.7(a), 83.7(b), 83.7(c), and 83.7(e), and therefore, does not meet the requirements for a government-to-government relationship with the United States.
November
RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 547 (11/28/07)
Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games, Wednesday, November 28, 2007, 72 FR 67251-02, (PDF),
2007 WL 4178213
SUMMARY: This notice extends the period for comments on the burden, estimates or any other aspects of the information collection requirements of the proposed Class II technical standards (72 FR 60508) published in the Federal Register on October 24, 2007.
RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 546 (11/28/07)
Class II Classification Standards, Wednesday, November 28, 2007, 72 FR 67251-01, (PDF),
2007 WL 4178212
SUMMARY: This notice extends the period for comments on the burden, estimates or any other aspects of the information collection requirements for the proposed Class II game classification standards (72 FR 60483) published in the Federal Register on October 24, 2007.
NOTICES ENVIRONMENTAL PROTECTION AGENCY (11/20/07)
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State and Tribal Response Programs, Tuesday, November 20, 2007, 72 FR 65328-01, (PDF),
2007 WL 4103624
SUMMARY: The Environmental Protection Agency (EPA) will begin to accept requests, from December 1, 2007 through January 31, 2008, for grants to supplement State and Tribal Response Programs. This notice provides guidance on eligibility for funding, use of funding, grant mechanisms and process for awarding funding, the allocation system for distribution of funding, and terms and reporting under these grants. EPA has consulted with state and tribal officials in developing this guidance.
The primary goal of this funding is to ensure that state and tribal response programs include, or are taking reasonable steps to include, certain elements and a public record. Another goal is to provide funding for other activities that increase the number of response actions conducted or overseen by a state or tribal response program. This funding is not intended to supplant current state or tribal funding for their response programs. Instead, it is to supplement their funding to increase their response capacity.
For fiscal year 2008, EPA will consider funding requests up to a maximum of $1.5 million per state or tribe. Subject to the availability of funds, EPA regional personnel will be available to provide technical assistance to states and tribes as they apply for and carry out these grants.
NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Reclamation (11/8/07)
List of Programs Eligible for Inclusion in Fiscal Year 2008 Funding Agreements to be Negotiated with Self-Governance Tribes, Thursday, November 8, 2007, 72 FR 63184-01, (PDF),
2007 WL 3283559
SUMMARY: This notice lists programs or portions of programs that are eligible for inclusion in Fiscal Year 2008 funding agreements with self-governance tribes and lists programmatic targets pursuant to section 405(c)(4) of the Tribal Self-Governance Act.
October
NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (10/30/07)
Certificate of Degree of Indian or Alaska Native Blood Information Collection, Comment Request, Tuesday, October 30, 2007, 72 FR 61366-01, (PDF),
2007 WL 3143620
SUMMARY: The Bureau of Indian Affairs is seeking comments from the public on an extension of an information collection from persons seeking proof of American Indian or Alaska Native blood, as required by the Paperwork Reduction Act. The information collected under OMB Control Number 1076-0153 will be used to establish that the applicants meet requirements for official recognition as an American Indian or Alaska Native for purposes of eligibility determination and participation in programs administered through the U. S. Bureau of Indian Affairs.
NOTICES SMALL BUSINESS ADMINISTRATION (10/25/07)
8(a) Business Development Program Regulation Changes; Tribal Consultation, Thursday, October 25, 2007, 72 FR 60702-01, (PDF),
2007 WL 3095278
SUMMARY: The U.S. Small Business Administration (SBA) announces that it is holding a tribal consultation meeting in Denver, Colorado on the topic of the 8(a) Business Development (BD) program regulations. Testimony presented at this tribal consultation meeting will become part of the administrative record for SBA's consideration when the Agency deliberates on approaches to changes in the regulations pertaining to the 8(a) BD program.
PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 547 (10/24/07)
Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games, Wednesday, October 24, 2007, 72 FR 60508-01, (PDF),
2007 WL 3082907
SUMMARY: The proposed rule would add a new part to the Commission's regulations establishing technical standards for Class II games--bingo, lotto, other games similar to bingo, pull tabs, or "instant bingo"--that are played using "electronic, computer, or other technologic aids." The proposed rule would also establish a process for ensuring the integrity of such games and aids before their placement in a Class II tribal gaming operation. No such standards currently exist. The Commission proposes this action in order to assist tribal gaming regulatory authorities and operators in ensuring the integrity and security of Class II games and the accountability of gaming revenue.
PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 542 and 543 (10/24/07)
Minimum Internal Control Standards for Class II Gaming, Wednesday, October 24, 2007, 72 FR 60495-01, (PDF),
2007 WL 3082905
SUMMARY: In response to the inherent risks and the need for effective controls in tribal gaming, the Commission, in January 1999, developed minimum internal control standards (MICS). Since their original implementation, it has become obvious that the MICS require technical adjustments and revisions so that they continue to be effective in protecting tribal assets, while still allowing tribes to utilize technological advances in the gaming industry. The current MICS are specific to the conduct of a wagering game without regards to whether the game is classified as a Class II or Class III game. This proposed rule is intended to supersede certain specified sections of the current MICS and replace them with a new part titled Minimum Internal Control Standards for Class II Gaming.
PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502 and 546 (10/24/07)
Classification Standards for Bingo, Lotto, Other Games Similar to Bingo, Pull
Tabs and Instant Bingo as Class II Gaming When Played Through an Electronic
Medium Using "Electronic, Computer, or Other Technologic Aids", Wednesday, October 24, 2007, 72 FR 60483-01, (PDF),
2007 WL 3082903
SUMMARY: The proposed rule clarifies the terms Congress used to define Class II gaming. First, the proposed rule further revises the definitions for "electronic or electromechanical facsimile" and "other games similar to bingo." The Commission defined these terms in 1992, revised the definitions in 2002, and proposed further revisions to the term "electronic or electromechanical facsimile" separate from this proposed revision. The Commission adds a new Part to its regulations that explains the basis for determining whether a game of bingo or lotto, "other game similar to bingo," or a game of pull-tabs or "instant bingo," meets the IGRA statutory requirements for Class II gaming, when such games are played electronically, primarily through an "electronic, computer or other technologic aid," while distinguishing them from Class III "electronic or electromechanical facsimiles." This new part also establishes a process for assuring that such games are Class II before placement of the games in a Class II tribal gaming operation. This process contains information collection requirements. The Commission has submitted the information collection request to OMB for approval.
PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 502 (10/24/07)
Definition for Electronic or Electromechanical Facsimile, Wednesday, October 24, 2007, 72 FR 60482-01, (PDF),
2007 WL 3082900
SUMMARY: The proposed rule revises the definition of a term Congress used to define Class II gaming. Specifically, the proposed rule revises the definition for "electronic or electromechanical facsimile" that appears in the Commission's regulations. The Commission defined these terms in 1992 and revised the definitions in 2002. The proposed rule offers further revision.
NOTICES DEPARTMENT OF AGRICULTURE, Farm Service Agency (10/19/07)
Notice of Funds Availability (NOFA) to Invite Applications for the American Indian Credit Outreach Initiative, Friday, October 19, 2007, 72 FR 59242-01, (PDF),
2007 WL 3032397
SUMMARY: The Farm Service Agency (FSA) is requesting applications for competitive cooperative agreement funds for Fiscal Year (FY) 2008 for the credit outreach initiative targeted to American Indian farmers, ranchers, and youth residing primarily on Indian reservations within the contiguous United States. FSA anticipates the availability of $933,120 in funding. This request for applications is being made prior to passage of a final appropriations bill to allow applicants sufficient time to submit proposals, give the Agency maximum time to process applications, and permit continuity of this program. FSA requests proposals from eligible nonprofit organizations, land-grant institutions, and federally-recognized Indian tribal governments interested in a competitively-awarded cooperative agreement to create and implement a mechanism that will provide credit outreach and promotion, pre-loan education, one-on-one loan application preparation assistance and other related services as proposed by the successful applicant that are specific to FSA's Agricultural Credit Programs.
PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502, 522, 559 and 573 (10/18/07)
Facility License Standards, Thursday, October 18, 2007, 72 FR 59044-01, (PDF),
2007 WL 3022198
SUMMARY: The proposed rules add new sections and a new part to the Commission's regulations in order to ensure that each place, facility or location where class II or class III gaming will occur is located on Indian lands eligible for gaming as required by the Indian Gaming Regulatory Act. The rules are also intended to ensure that gaming facilities are constructed, maintained and operated in a manner that adequately protects the environment and the public health and safety.
RULES and REGULATIONS DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 24 CFR Part 1000 (10/18/07)
Use of Indian Housing Block Grant Funds for Rental Assistance in Low-Income Housing Tax Credit Projects, Thursday, October 18, 2007, 72 FR 59003-01, (PDF),
2007 WL 3022181
SUMMARY: This final rule amends the Indian Housing Block Grant (IHBG) program regulations to specify the conditions under which IHBG funds may be used for project-based or tenant-based rental assistance. The final rule clarifies that such rental assistance may be provided in a manner consistent with assistance provided under section 8 of the United States Housing Act of 1937 on behalf of a tenant receiving assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). This final rule follows publication of a June 8, 2007, proposed rule, and adopts the proposed rule without change. HUD received one public comment on the June 8, 2007, proposed rule, expressing unqualified support for the proposed regulatory changes.
PROPOSED RULES DEPARTMENT OF THE INTERIOR, Office of the Secretary, 43 CFR Part 10 (10/16/07)
Native American Graves Protection and Repatriation Act Regulations--Disposition of Culturally Unidentifiable Human Remains, Tuesday, October 16, 2007, 72 FR 58582-01, (PDF),
2007 WL 2987436
SUMMARY: This proposed rule specifies procedures for the disposition of culturally unidentifiable human remains in the possession or control of museums or Federal agencies, thus implementing the Native American Graves Protection and Repatriation Act of 1990 (Act). Publication of this document is intended to solicit comments from Indian tribes, Native Hawaiian organizations, museums, Federal agencies, and members of the public before its publication as a final rule.
RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service, 50 CFR Part 20 (10/15/07)
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2007-08 Early and Late Seasons, Monday, October 15, 2007, 72 FR 58452-01, (PDF),
2007 WL 2978448
SUMMARY: This rule prescribes special early and late season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.
September
RULES and REGULATIONS ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Parts 30 and 31 (9/28/07)
Award of United States-Mexico Border Program and Alaska Rural and Native Villages Program Grants Authorized by the Revised Continuing Appropriations
Resolution, 2007, Friday, September 28, 2007, 72 FR 55058-01, (PDF),
2007 WL 2804403
SUMMARY: This notice provides guidelines on the Award of United States-Mexico Border Program and Alaska Rural and Native Villages Program Grants Authorized by the Revised Continuing Appropriations Resolution, 2007. This notice provides information and guidelines on how the EPA will award and administer the United States-Mexico Border Program and the Alaska Rural and Native Villages Program in accordance with the Revised Continuing Appropriations Resolution, 2007 (Pub. L. 110-5). The Revised Continuing Appropriations Resolution, 2007, provides budget authority for funding the United States-Mexico Border Program and the Alaska Rural and Native Villages Program. Each grant recipient will receive a copy of this notice from EPA.
NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
(9/27/07)
Land Acquisitions; Shakopee Mdewakanton Sioux Community, Thursday, September 27, 2007, 72 FR 54923-01, (PDF),
2007 WL 2788680
SUMMARY: The Assistant Secretary--Indian Affairs, U.S. Department of the Interior has made a final determination to acquire real property "in trust" for the Shakopee Mdewakanton Sioux Community.
NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
(9/26/07)
Model Tribal Probate Code, Guidance for Submission of Tribal Probate Codes Under 25 U.S.C. Section 2205, Wednesday, September 26, 2007, 72 FR 54674-01, (PDF),
2007 WL 2778141
SUMMARY: The Bureau of Indian Affairs (BIA) is announcing the availability of a Model Tribal Probate Code with comments entitled "Model Tribal Probate Code." BIA issues notices to inform tribes, Indians, and other interested persons about important policies, procedures, and related decisions, and these notices serve to provide guidance to tribes and BIA personnel. This notice provides guidance to tribes considering the creation and adoption of a Tribal Probate Code containing provisions applicable to trust and restricted property and includes a copy of the "Model Probate Code with Comments."
RULES and REGULATIONS DEPARTMENT OF AGRICULTURE, Farm Service Agency, 7 CFR Part 770 (9/12/07)
Indian Tribal Land Acquisition Program Loan Writedowns, Wednesday, September 12, 2007, 72 FR 51988-01, (PDF),
2007 WL 2607091
SUMMARY: This rule revises the Farm Service Agency (FSA) Indian Tribal Land Acquisition Program
(ITLAP) regulations as required by the Native American Technical Corrections Act of 2006. The regulations pertaining to rental value
write-down of ITLAP loans will not require a market value rent study where the land is actually rented. The actual rents received shall
be used to determine the rental value of the property for write-down purposes.
PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 49 (9/6/07)
Approval and Promulgation of Air Quality Implementation Plans; Mohegan Tribe of Indians of Connecticut , Thursday, September 6, 2007, 72 FR 51204-01, (PDF),
2007 WL 2489621
SUMMARY: The EPA is proposing to approve a Tribal Implementation Plan submitted by the Mohegan Tribe of Indians of Connecticut. The TIP establishes an enforceable cap on nitrogen oxide emissions from stationary sources owned by the Mohegan Tribal Gaming Authority and located within the external boundaries of the Mohegan Reservation. This action is intended to help attain the National Ambient Air Quality Standards (NAAQS) for ground-level ozone. This action is being taken in accordance with the Clean Air Act.
August
PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 49 (8/14/07)
Approval and Promulgation of Saint Regis Mohawk's Tribal Implementation Plan, Tuesday, August 14, 2007, 72 FR 45397-01, (PDF),
2007 WL 2300655
SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve portions of the proposed St. Regis Mohawk Tribe's (SRMT or the Tribe) tribal implementation plan (TIP) to improve air quality within the exterior boundaries of the St. Regis Mohawk Reservation (the Reservation) that are in accordance with federal requirements. EPA previously approved the Tribe for treatment-in-the-same-manner-as-a-state (TAS) under the Clean Air Act (Act) for purposes of administering a TIP on March 5, 2003. The proposed TIP establishes Tribal ambient air quality standards; includes an emissions inventory; provides regulations for permitting, source surveillance, open burning and enforcement; and defines the Tribe's program for review of state permits and regional haze planning. This action will make federally enforceable the approvable portions of the SRMT's proposed TIP.
PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Park Service, 43 CFR Part 10 (8/13/07)
Consultation and Dialogue On Regulations Regarding The Disposition Of Unclaimed Native American Human Remains, Funerary Objects, Sacred Objects, Or Objects Of Cultural Patrimony Excavated Or Discovered On Federal Or Tribal Lands After November 16, 1990, Pursuant To Provisions Of The Native American Graves
Protection And Repatriation Act (NAGPRA), Monday, August 13, 2007, 72 FR 45213-01, (PDF),
2007 WL 2289884
SUMMARY: This notice of consultation announces three consultation meetings and a facilitated dialogue session (recommended by the Review Committee) that will be held to obtain additional oral and written recommendations on regulations to be drafted regarding the disposition of unclaimed Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony that are excavated or discovered on Federal or tribal lands after November 16, 1990. Previous consultation meetings were held November, 2005, and April, 2007.
July
NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/6/07)
Building Tribal Energy Development Capacity, Friday, July 6, 2007, 72
FR 37044-01, (PDF),
2007 WL 1944228
SUMMARY: The Energy Policy Act of 2005 authorizes
the Secretary to provide development grants to Indian tribes and
tribal energy resource development organizations for use in developing
or obtaining the managerial and technical capacity needed to develop
energy resources on Indian land, and to properly account for resulting
energy production and revenues. In furtherance of this goal, the
Department of the Interior's Office of Indian Energy and Economic
Development is soliciting proposals from tribes and tribal energy
resource development organizations. The Department will award several
grants of up to $50,000 each for this program.
PROPOSED RULES DEPARTMENT OF THE TREASURY,
Internal Revenue Service, 26 CFR Parts 1, 53, 54 and 301 (7/6/07)
Excise Taxes on Prohibited Tax Shelter Transactions and Related Disclosure
Requirements; Disclosure Requirements With Respect to Prohibited Tax Shelter
Transactions; Requirement of Return and Time for Filing,
Friday, July 6, 2007, 72
FR 36927-01, (PDF),
2007 WL 1944306
SUMMARY: This document contains proposed regulations that provide guidance under section 4965 of the Internal Revenue Code (Code), relating to entity-level and manager-level excise taxes with respect to prohibited tax shelter transactions to which tax-exempt entities are parties; §§ 6033(a)(2) and 6011(g), relating to certain disclosure obligations with respect to such transactions; and §§ 6011 and 6071, relating to the requirement of a return and time for filing with respect to section 4965 taxes. In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing cross-referencing temporary regulations that provide guidance under § 6033(a)(2), relating to certain disclosure obligations with respect to prohibited tax shelter transactions; and §§ 6011 and 6071, relating to the requirement of a return and time for filing with respect to § 4965 taxes. This action is necessary to implement § 516 of the Tax Increase Prevention Reconciliation Act of 2005. These proposed regulations affect a broad array of tax-exempt entities, including charities, state and local government entities, Indian tribal governments and employee benefit plans, as well as entity
RULES and REGULATIONS DEPARTMENT OF THE TREASURY,
Internal Revenue Service, 26 CFR Parts 53 and 54 (7/6/07)
Requirement of Return and Time for Filing, Friday, Friday, July 6, 2007, 72
FR 36871-01, (PDF),
2007 WL 1944286
SUMMARY: This document contains final and temporary regulations providing guidance relating to the requirement of a return to accompany payment of excise taxes under section 4965 of the Internal Revenue Code (Code) and the time for filing that return. These regulations affect a broad array of tax-exempt entities, including charities, state and local government entities, Indian tribal governments and employee benefit plans, as well as entity managers of these entities. This action is necessary to implement section 516 of the Tax Increase Prevention and Reconciliation Act of 2005. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the Federal Register.
RULES and REGULATIONS DEPARTMENT OF THE TREASURY,
Internal Revenue Service, 26 CFR Parts 1 and 301 (7/6/07)
Disclosure Requirements With Respect to Prohibited Tax Shelter Transactions, July 6, 2007, 72
FR 36869-01, (PDF),
2007 WL 1944284
SUMMARY: This document contains temporary regulations under section 6033(a)(2) of the Internal Revenue Code (Code) that provide rules regarding the form, manner and timing of disclosure obligations with respect to prohibited tax shelter transactions to which tax-exempt entities are parties. These temporary regulations affect a broad array of tax-exempt entities, including charities, state and local government entities, Indian Tribal governments and employee benefit plans, as well as entity managers of these entities. This action is necessary to implement section 516 of the Tax Increase Prevention and Reconciliation Act of 2005. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the Federal Register.
NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/2/07)
Final Determination against Federal Acknowledgment of the St. Francis / Sokoki Band of Abenakis of Vermont, Monday, July 2, 2007, 72
FR 36022-01, (PDF),
2007 WL 1877731
SUMMARY: Pursuant to 25 CFR 83.10(l)(2),
notice is hereby given that the Department of the Interior (Department)
declines to acknowledge the group known as the St. Francis/Sokoki
Band of Abenakis of Vermont (SSA), P.O. Box 276, Swanton, Vermont
05488, c/o Ms. April Merrill, as an Indian tribe within the meaning
of Federal law. This notice is based on a determination that the
petitioner does not satisfy four of the seven mandatory criteria
for acknowledgment, specifically 83.7(a), 83.7(b), 83.7(c), and
83.7(e), as defined in 25 CFR part 83. Consequently, the SSA petitioner does not meet the requirements for a government-to-government relationship with the United States.
June
NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (6/28/07)
Advisory Board for Exceptional Children,
Thursday, June 28, 2007, 72
FR 35508-01, (PDF),
2007 WL 1834116
SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education is announcing that the Advisory Board for Exceptional Children will hold its next meeting in Denver, CO. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) on Indian children with disabilities.
NOTICES ENVIRONMENTAL PROTECTION AGENCY (6/13/07)
Federal Plan for Certification
of Restricted Use Pesticide Applicators in Navajo Indian Country;
Notice of Implementation; and Announcement of Availability of Form
to Request Pesticide Applicator Certification in Navajo Indian Country,
Wednesday, June 13, 2007, 72
FR 32648-01, (PDF),
2007
WL 1686570
SUMMARY: In the Federal Register of February
3, 2006, EPA issued the notice of intent to implement a federal
program to certify applicators of restricted use pesticides (RUPs)
in Navajo Indian Country. The program will be implemented by EPA
Region 9, located in San Francisco, CA. In the notice, EPA solicited
comments from the public on EPA's intent to implement a federal
certification plan in Navajo Indian Country and on its proposed
Federal Plan for Certification of Restricted Use Pesticides in Navajo
Indian Country (federal plan). No comments were received and EPA
hereby implements the federal plan. Applicators who currently purchase
and/or apply RUPs in Navajo Indian Country will have until October
11, 2007 to become certified by EPA. After that date, applicators
of RUPs must hold the appropriate EPA certification to purchase
and/or apply in Navajo Indian Country. Failure to hold the appropriate
certification after October 11, 2007 may result in federal enforcement
action in accordance with section 12(a)(2)(F) of FIFRA. This notice
also serves to announce the form (EPA Form 8500-17-N) EPA will use
for pesticide applicators seeking certification in Navajo Indian
Country. Pesticide applicators seeking certification to use RUPs
in Navajo Indian Country must complete this form and submit it to
EPA Region 9 at the location listed under ADDRESSES.
RULES and REGULATIONS DEPARTMENT OF THE INTERIOR,
National Park Service, 36 CFR Part 51 (6/12/07)
Authentic Native Handicrafts,
Tuesday, June 12, 2007, 72
FR 32188-01, (PDF),
2007
WL 1668748
SUMMARY: The National Parks Omnibus Management
Act of 1998 encourages the sale of authentic United States Indian,
Alaska Native, Native Samoan and Native Hawaiian handicrafts relating
to the cultural, historical, and geographic characteristics of units
of the national park system. This final rule implements the requirements
of the act.
PROPOSED RULES DEPARTMENT OF TRANSPORTATION,
Federal Highway Administration, 23 CFR Part 661 (6/5/07)
Indian Reservation
Road Bridge Program, Tuesday, June 5, 2007, 72
FR 31013-01, (PDF),
2007
WL 1592036
SUMMARY: Section 1119 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144) makes changes to the
Indian Reservation Road Bridge Program (IRRBP). It amends the existing
IRRBP by establishing new policies and provisions. In addition,
it authorizes $14 million of IRRBP funds per year for the replacement
or rehabilitation of structurally deficient or functionally obsolete
Indian Reservation Road (IRR) bridges. In accordance with these
changes, the FHWA, with input and recommendations from the Bureau
of Indian Affairs (BIA) and the Indian Reservation Roads Coordinating
Committee (IRRCC), is proposing funding distribution procedures
for BIA owned and non-BIA owned IRR bridge projects. The proposed
changes allow funding for preliminary engineering (PE), construction
engineering (CE), and construction for the replacement or rehabilitation
of structurally deficient or functionally obsolete IRR bridges.
RULES and REGULATIONS DEPARTMENT OF HEALTH
AND HUMAN SERVICES, Indian Health Service, 42 CFR Part 136, Center
for Medicare & Medicaid Services, 42 CFR Part 489 (6/4/07)
Section 506 of the
Medicare Prescription Drug, Improvement, and Modernization Act of
2003--Limitation on Charges for Services Furnished by Medicare Participating
Inpatient Hospitals to Individuals Eligible for Care Purchased by
Indian Health Programs, Monday, June 4, 2007, 72
FR 30706-01, (PDF),
2007
WL 1579290
SUMMARY: The Secretary of the Department of Health
and Human Services (HHS) hereby issues this final rule establishing
regulations required by section 506 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (MMA), (Pub. L.
108-173). Section 506 of the MMA amended section 1866 (a)(1) of
the Social Security Act to add subparagraph (U) which requires hospitals
that furnish inpatient hospital services payable under Medicare
to participate in the contract health services program (CHS) of
the Indian Health Service (IHS) operated by the IHS, Tribes, and
Tribal organizations, and to participate in programs operated by
urban Indian organizations that are funded by IHS (collectively
referred to as I/T/Us) for any medical care purchased by those programs.
Section 506 also requires such participation to be in accordance
with the admission practices, payment methodology, and payment rates
set forth in regulations established by the Secretary, including
acceptance of no more than such payment rates as payment in full.
NOTICES DEPARTMENT OF EDUCATION (6/1/07)
President's Board of
Advisors on Tribal Colleges and Universities, Friday, June 1, 2007,
72
FR 30567-01, (PDF),
2007
WL 1571775
SUMMARY: This notice sets forth the schedule
and proposed agenda of the upcoming meeting of the President's Board
of Advisors on Tribal Colleges and Universities. The notice also
describes the functions of the Board. Notice of this meeting is
required by section 10(a)(2) of the Federal Advisory Committee Act
and is intended to notify the public of its opportunity to attend.
May
NOTICES DEPARTMENT OF COMMERCE, Bureau of the
Census (5/23/07)
American Indian and
Alaska Native Policy Statement, Wednesday, May 23, 2007, 72
FR 28952-01, (PDF),
2007
WL 1480800
SUMMARY: In preparation for the 2010 Census,
the Bureau of the Census (Census Bureau) has drafted an American
Indian and Alaska Native (AIAN) policy statement and is requesting
public comment on it. This proposed policy outlines the principles
to be followed in all Census Bureau interactions with federally-recognized
American Indian and Alaska Native tribal governments. The policy
reaffirms the unique government-to-government relationship that
exists between American Indian and Alaska Native tribal governments
and the Census Bureau and is consistent with the AIAN policy statement
adopted by the Department of Commerce (DOC) on March 30, 1995. The
Census Bureau believes that the adoption of the proposed AIAN policy
would satisfy a long-standing request from AIAN populations and
would encourage and facilitate greater cooperation from these populations
during decennial censuses and help us to better communicate with
and enumerate these difficult-to-count populations.
NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian
Affairs (5/8/07)
Request for Nominations
of Members To Serve on the Bureau of Indian Education, Advisory
Board for Exceptional Education, Tuesday, May 8, 2007, 72
FR 26145-01,
(PDF), 2007
WL 1316993
SUMMARY: Pursuant to the Federal Advisory Committee
Act and the Individuals with Disabilities Education Improvement
Act (IDEIA), the Bureau of Indian Education requests nominations
of individuals to serve on the Advisory Board for Exceptional Education
(Advisory Board). The Bureau of Indian Education (BIE) will consider
nominations received in response to this Request for Nominations,
as well as other sources. The SUPPLEMENTARY INFORMATION section
for this notice provides committee and membership criteria.
NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs
(5/4/07)
Proclaiming Certain
Lands as Reservation for the Jena Band of Choctaw Indians of Louisiana;
Correction, Friday, May 4, 2007, 72
FR 25329-01, (PDF), 2007
WL 1294298
SUMMARY: The Bureau of Indian Affairs published
in the Federal Register of April 2, 2007, a notice informing the
public that the Principal Deputy Assistant Secretary--Indian Affairs
proclaimed approximately 63.52 acres, more or less, as the Jena
Band of Choctaw Reservation for the Jena Band of Choctaw Indians
of Louisiana (Jena Band). The land description as published contained
an error. This action corrects that error.
April
PROPOSED RULES DEPARTMENT OF INTERIOR, Office
of Surface Mining Reclamation and Enforcement, 30 CFR Parts 700,
740, 746 and 750 (4/25/07)
Indian and Federal
Lands, Wednesday, April 25, 2007, 72
FR 20672-01, (PDF),
2007
WL 1198815
SUMMARY: We, OSM, have decided not to adopt a
proposed rule that would have revised the definition of "Indian
lands" for purposes of the Surface Mining Control and Reclamation
Act of 1977 (SMCRA). The proposed rule also would have revised both
the Federal lands program and the Indian lands program.
If adopted as proposed, the definition of Indian Lands would have
included allotted lands located within an approved tribal land consolidation
area but outside the boundaries of a reservation. Such allotments
would then have been subject to OSM's regulatory authority under
the Indian Lands Program. The only lands approved for coal mining
that would have been brought within the scope of our jurisdiction
if the proposed rule were adopted are 48 Navajo allotments overlying
leased Federal coal within the existing McKinley Mine permit area
in New Mexico. These allotments are currently regulated by the State.
We conclude that the record before us neither adequately supports
nor clearly precludes a finding of supervision in fact or in law.
Therefore, we conclude that off-reservation Navajo allotted lands
may be supervised by the Navajo Nation and thus may be Indian lands;
but that any determination as to supervision of specific off-reservation
Navajo allotted lands is more properly made on a case-by-case basis.
In this notice of final action, we are setting out our analysis of
the applicable law and the record before us. We are publishing this
analysis for two reasons. First, we intend this analysis to inform the
Navajo Nation and the Hopi Tribe and the public of the reasons for our
decision not to adopt the proposed rule. Second, we intend this
analysis to advise the public of how we anticipate addressing any
pending or future actions concerning supervision of allotted lands.
NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian
Affairs (4/20/07)
Rate Adjustments for
Indian Irrigation Projects, Friday, April 20, 2007, 72
FR 19950-01, (PDF),
2007
WL 1157439
SUMMARY: The Bureau of Indian Affairs (BIA) owns,
or has an interest in, irrigation facilities located on various
Indian reservations throughout the United States. We are authorized
to establish rates to recover the costs to administer, operate,
maintain, and rehabilitate those facilities. We are notifying you
that we have adjusted the irrigation assessment rates at several
of our irrigation facilities for operation and maintenance.
NOTICES DEPARTMENT OF EDUCATION (4/20/07)
National Advisory Council
on Indian Education, Friday, April 20, 2007, 72
FR 19890-01, (PDF),
2007
WL 1157380
SUMMARY: On April 12, 2007, the Secretary published
in the Federal Register Vol. 72, No. 70, a notice of an open meeting
for the National Advisory Council on Indian Education. This notice
amends the April 12, 2007, notice by changing the location of the
meeting.
NOTICES DEPARTMENT OF INTERIOR, National Park
Service (4/16/07)
List of Programs Eligible
for Inclusion in Fiscal Year 2007 Funding Agreements To Be Negotiated
With Self-Governance Tribes, Monday, April 16, 2007, 72
FR 19020-01, (PDF),
2007
WL 1107349
SUMMARY: This notice lists programs 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.
NOTICES DEPARTMENT OF EDUCATION (4/12/07)
National Advisory Council
on Indian Education, Thursday, April 12, 2007, 72
FR 18466-01, (PDF),
2007
WL 1073215
SUMMARY: This notice sets forth the schedule
and proposed agenda of an upcoming meeting of the National Advisory
Council on Indian Education (the Council) and is intended to notify
the general public of their opportunity to attend. This notice also
describes the functions of the Council. Notice of the Council's
meetings is required under Section 10(a)(2) of the Federal Advisory
Committee Act and by the Council's charter.
NOTICES DEPARTMENT OF INTERIOR, National Park
Service, 43 CFR Part 10 (4/11/07)
Consultation On Regulations
Regarding The Disposition Of Unclaimed Native American Human Remains,
Funerary Objects, Sacred Objects, Or Objects Of Cultural Patrimony
Excavated Or Discovered On Federal Or Tribal Lands After November
16, 1990, Pursuant To Provisions Of The Native American Graves Protection
And Repatriation Act (NAGPRA), Wednesday, April 11, 2007, 72
FR 18192-01, (PDF),
2007
WL 1058708
SUMMARY: This notice of consultation announces
three consultation meetings that will be held to obtain oral and
written recommendations on regulations to be drafted regarding the
disposition of unclaimed Native American human remains, funerary
objects, sacred objects, or objects of cultural patrimony that are
excavated or discovered on Federal or tribal lands after November
16, 1990.
NOTICES DEPARTMENT OF LABOR, Employment and
Training Administration (4/3/07)
Workforce Investment
Act; Native American Employment and Training Council, Tuesday, April
3, 2007, 72
FR 15911-01, (PDF),
2007
WL 965823
SUMMARY: Pursuant to Section 10(a)(2) of the
Federal Advisory Committee Act (FACA) (Pub. L. 92-463), as amended,
and Section 166(h)(4) of the Workforce Investment Act (WIA) [29
U.S.C. 2911(h)(4)], notice is hereby given of the next meeting
of the Native American Employment and Training Council (NAETC),
as constituted under WIA.
Time and Date: The meeting will begin at 10:30 a.m. Eastern
Daylight Savings Time (DST) on Wednesday, April 18, 2007, and continue
until 5 p.m. that day. The meeting will reconvene at 10:30 a.m. (DST)
on Thursday, April 19, 2007, and adjourn at approximately 4:30 p.m. on
that day. The period from 2:30 p.m. to 4:30 p.m. on April 19, 2007,
will be reserved for participation and presentations by members of the
public.
Place: All sessions will be held at the Hyatt Regency Newport,
Vanderbilt Room, 1 Goat Island, Newport, Rhode Island 02840.
Status: The meeting will be open to the public. Persons who need
special accommodations should contact the Designated Federal Official
(DFO), Mr. Craig Lewis, at (202) 693-3384 by April 12, 2007.
Matters To Be Considered: The formal agenda will focus on the
following topics: (1) The Employment and Training Administration's
Workforce Innovation in Regional Economic Development initiative and other
relevant issues; (2) Indian and Native American Program Update; (3)
Workgroup Structures and Activities; (4) Fiscal Year 08 Funding; and
(5) Council Recommendations.
NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian
Affairs (4/3/07)
Advisory Board for
Exceptional Children, Tuesday, April 3, 2007, 72
FR 15903-01, (PDF),
2007
WL 965812
SUMMARY: In accordance with the Federal Advisory
Committee Act, the Bureau of Indian Education is announcing that
the Advisory Board for Exceptional Children will hold its next meeting
in Miami, FL. The purpose of the meeting is to meet the mandates
of the Individuals with Disabilities Education Improvement Act of
2004 (IDEIA) on Indian children with disabilities.
NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian
Affairs (4/3/07)
Public Notice of Lands
Previously Conveyed Into Trust and Proclaimed as Reservation For
Mississippi Band of Choctaw Indians by Act of Congress, Tuesday,
April 3, 2007, 72
FR 15899-01, (PDF),
2007
WL 965810
SUMMARY: The Bureau of Indian Affairs is giving
public notice of the act of Congress which has conveyed certain
fee properties into trust and proclaimed reservation status for
the Mississippi Band of Choctaw Indians.
NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian
Affairs (4/2/07)
Proclaiming Certain
Lands as Reservation for the Jena Band of Choctaw Indians of Louisiana,
Monday, April 2, 2007, 72
FR 15711-01, (PDF),
2007
WL 953761
SUMMARY: This notice informs the public that
the Principal Deputy Assistant Secretary--Indian Affairs proclaimed
approximately 63.52 acres, more or less, as the Jena Band of Choctaw
Reservation for the Jena Band of Choctaw Indians of Louisiana (Jena
Band).
March
NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Administration for Children and Families (3/28/07)
Public Comment on the
Proposed Adoption of ANA Program Policies and Procedures; Correction,
Wednesday, March 28, 2007, 72
FR 14578-01, (PDF),
2007
WL 905255
SUMMARY: Pursuant to section 814 of the Native
American Programs Act of 1974 (the Act) 42
U.S.C. 2992b-1, ANA herein describes its proposed interpretive
rules, statements of general policy and rules of agency procedure
or practice in relation to the Social and Economic Development Strategies
(hereinafter referred to as SEDS), Native Language Preservation
and Maintenance (hereinafter referred to as Native Language), Environmental
Regulatory Enhancement (hereinafter referred to as Environmental),
Environmental Mitigation (hereinafter referred to as Mitigation),
Improving the Well-Being of Children-- Native American Healthy Marriage
Initiative (hereinafter referred to as Healthy Marriage) programs
and any Special Initiatives. Under the statute, ANA is required
to provide members of the public an opportunity to comment on proposed
changes in interpretive rules, statements of general policy and
rules of agency procedure or practice and to give notice of the
final adoption of such changes at least thirty (30) days before
the changes become effective. This Notice also provides additional
information about ANA's plan for administering the programs.
On July 18, 2005, ANA published a Notice of Public Comment (NOPC)
in the Federal Register (Vol. 70, No. 136) announcing an administrative
policy change on the number of awards an eligible applicant could
receive under the SEDS program, Catalog of Federal Domestic Assistance
number 93.612. This change only affected the Healthy Marriage
program. On November 21, 2006, ANA published the annual NOPC in
the Federal Register (Vol. 71, No. 224), which did not include
a necessary correction to the revised administrative policy published
On July 18, 2005, ANA published a Notice of Public Comment (NOPC)
in the Federal Register (Vol. 70, No. 136) announcing an administrative
policy change on the number of awards an eligible applicant could
receive under the SEDS program, Catalog of Federal Domestic Assistance
number 93.612. This change only affected the Healthy Marriage
program. On November 21, 2006, ANA published the annual NOPC in
the Federal Register (Vol. 71, No. 224), which did not include
a necessary correction to the revised administrative policy published
on July 18, 2005. On December 22, 2006, ANA published a third
Federal Register notice (Vol. 71, No. 246) to clarify the revised
administrative policy published on July 18, 2005, on the number
of awards an eligible applicant could receive under the SEDS program,
Catalog of Federal Domestic Assistance number 93.612. ANA received
three responses to the December 22, 2006, NOPC clarification.
After review and consideration of the comments received, ANA determined
that the administrative policy originally published on July 18,
2005, required clarification and revision. This Notice clarifies
the agency's intent and provides a definitive statement on the
number of awards an eligible applicant can receive under the Catalog
of Federal Domestic Assistance number 93.612.
NOTICES DEPARTMENT OF INTERIOR, Fish and Wildlife
Service (3/23/07)
List of Programs Eligible
for Inclusion in Fiscal Year 2007 Funding Agreements With Self-Governance
Tribes, Friday, March 23, 2007, 72
FR 13820-01, (PDF),
2007
WL 858156
SUMMARY: We, the Fish and Wildlife Service (Service),
publish this notice to list programs or portions of our programs
that are eligible for inclusion in Fiscal Year 2007 funding agreements
with self-governance tribes, and to list programmatic targets pursuant
to section 405(c)(4) of the Tribal Self-Governance Act.
NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian
Affairs (3/22/07)
Indian Entities Recognized
and Eligible To Receive Services From the United States Bureau of
Indian Affairs, Thursday, March 22, 2007, 72 FR 13648-01, (PDF),
2007
WL 844456
SUMMARY: This notice publishes the current list
of 561 tribal entities recognized and eligible for funding and services
from the Bureau of Indian Affairs by virtue of their status as Indian
tribes. The list is updated from the notice published on November
25, 2005 (70
FR 71194).
RULES and REGULATIONS DEPARTMENT OF INTERIOR,
Office of the Secretary, 43 CFR Part 10 (3/21/07)
Native American Graves
Protection and Repatriation Act Regulations--Future Applicability,
Wednesday, March 21, 2007, 72
FR 13184-01, (PDF),
2007
WL 835167
SUMMARY: This final rule relates to one section
of the regulations implementing the Native American Graves Protection
and Repatriation Act of 1990 ("the Act"). This section
outlines procedures for the future applicability of the Act to museums
and Federal agencies.
NOTICES DEPARTMENT OF INTERIOR, U.S. Geological
Survey (3/15/07)
List of Programs Eligible
for Inclusion in Fiscal Year 2007 Funding Agreements To Be Negotiated
with Self-Governance Tribes, Thursday, March 15, 2007, 72
FR 12184-01, (PDF),
2007
WL 760271
SUMMARY: This notice lists programs 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.
NOTICES DEPARTMENT OF COMMERCE (3/12/07)
National Oceanic and
Atmospheric Administration Endangered and Threatened Species; Take
of Anadromous Fish, Monday, March 12, 2007, 72
FR 10984-01, (PDF),
2007
WL 711880
SUMMARY: Notice is hereby given that the Northwest Indian Fisheries
Commission (NWIFC) has submitted a Tribal Resource Management Plan
(Tribal Plan) for NMFS to evaluate. It was presented by the Bureau of
Indian Affairs (BIA) on behalf of the Northwest Indian Tribes; the
submission fulfills the Tribes' obligations under the protective
regulations promulgated for Puget Sound Chinook salmon and Hood Canal
summer-run chum salmon under the Endangered Species Act (ESA). The
Tribal Plan describes research and assessment activities that may
affect listed Puget Sound Chinook salmon and Hood Canal summer-run chum
salmon in Washington State. NMFS has completed a proposed evaluation of
how well the Tribal Plan fulfills ESA criteria, and the Secretary of
Commerce (Secretary) is making that proposed evaluation available for
public comment.
RULES and REGULATIONS DEPARTMENT OF AGRICULTURE,
Forest Service, 36 CFR Part 228, DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs,
43 CFR Part 3160 (3/7/07)
Onshore Oil and Gas
Operations; Federal and Indian Oil and Gas Leases; Onshore Oil and
Gas Order Number 1, Approval of Operations, Wednesday, March 7,
2007, 72
FR 10308-01, (PDF),
2007
WL 670150
SUMMARY: This final rule revises existing Onshore Oil and Gas Order
Number 1 which was published in the October 21, 1983, edition of the
Federal Register. The Order provides the requirements necessary for the
approval of all proposed oil and gas exploratory, development, or
service wells on all Federal and Indian (other than those of the Osage
Tribe) onshore oil and gas leases, including leases where the surface
is managed by the U.S. Forest Service (FS). It also covers most
approvals necessary for subsequent well operations, including
abandonment. The revision is necessary due to provisions of the 1987
Federal Onshore Oil and Gas Leasing Reform Act (Reform Act), the Energy
Policy Act of 2005 (Act), legal opinions, court cases since the Order
was issued, and other policy and procedural changes. The revised Order
addresses the submittal of a complete Application for Permit to Drill
or Reenter package (APD), including a Drilling Plan, Surface Use Plan
of Operations, evidence of bond coverage and Operator Certification.
The final rule ensures that the processing of APDs is consistent with
the Act and clarifies the regulations and procedures that are to be
used when operating in split estates, including those lands within
Indian country. The final rule addresses using Master Development Plans
(which address two or more APDs) to approve multiple well development
proposals and encourages the voluntary use of Best Management Practices
as a part of APD processing. Finally, the rule requires additional
bonding on certain off-lease facilities and clarifies the BLM's
authority to require this additional bond.
RULES and REGULATIONS DEPARTMENT OF THE INTERIOR,
Bureau of Indian Affairs, 25 CFR Part 61 (3/5/07)
Preparation of Rolls
of Indians, Monday, March 5, 2007, 72
FR 9836-01, (PDF),
2007
WL 631260
SUMMARY: The Bureau of Indian Affairs is amending
its regulations governing the compilation of rolls of Indians in
order to open the enrollment application process for the Western
Shoshone Identifiable Group of Indians. The enrollment application
process will give individuals an opportunity to file applications
to share in the Western Shoshone judgment fund distribution authorized
under the Western Shoshone Claims Distribution Act of July 7, 2004.
NOTICES DEPARTMENT OF THE INTERIOR, Bureau
of Indian Affairs (3/5/07)
Land Acquisitions;
Cherokee Nation of Oklahoma, Monday, March 5, 2007, 72
FR 9773-01, (PDF),
2007
WL 631197
SUMMARY: The Associate Deputy Secretary made
a final agency determination to acquire approximately 3.519 acres
of land into trust for the Cherokee Nation of Oklahoma on February
9, 2007. This notice is published in the exercise of authority delegated
by the Secretary of the Interior to the Principal Deputy Assistant
Secretary--Indian Affairs by 209 Departmental Manual 8.
NOTICES NATIONAL INDIAN GAMING COMMISSION (3/2/07)
Fee Rate, Friday, March
2, 2007, 72
FR 9593-01, (PDF),
2007
WL 618849
SUMMARY: Notice is hereby given, pursuant to
25
CFR 514.1(a)(3), that the National Indian Gaming Commission
has adopted preliminary annual fee rates of 0.00% for tier 1 and
0.059% (.00059) for tier 2 for calendar year 2007. 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 preliminary fee rate on class II revenues
for calendar year 2007 shall be one-half of the annual fee rate,
which is 0.0295% (.000295).
February
NOTICES DEPARTMENT OF THE INTERIOR, Bureau
of Indian Affairs (2/28/07)
Documented Petitions
for Federal Acknowledgment as an Indian Tribe, Submission to OMB
for Renewal, Wednesday, February 28, 2007, 72
FR 9024-01, (PDF),
2007
WL 594835
SUMMARY: This notice announces that the Information
Collection Request for Documented Petitions for Federal Acknowledgment
as an Indian Tribe is submitted to Office of Information and Regulatory
Affairs, Office of Management and Budget for extension.
NOTICES DEPARTMENT OF THE INTERIOR, Bureau
of Indian Affairs (2/27/07)
Privacy Act of 1974,
as Amended; Amendment of an Existing System of Records, Tuesday,
February 27, 2007, 72
FR 8772-01, (PDF),
2007
WL 579920
SUMMARY: Under the Privacy Act of 1974, as amended
(5
U.S.C. 552a), the Bureau of Indian Affairs (BIA) is issuing
public notice of our intent to change an existing Privacy Act system
of records notices entitled Interior BIA-04 "Indian Land Records,"
published at 48
FR 41098 (September 13, 1983). BIA proposes to: (1) Update the
information on the location of the records and the technology used
to store and retrieve records; (2) identify new information that
will be included in the system of records; (3) clearly state the
current routine uses of the records by organizations and individuals
outside of the Department of the Interior (DOI); and (4) expand
the routine uses of such information to include the disclosure of
names and mailing addresses of owners of trust and restricted lands,
among other information, to certain statutorily defined categories
of persons.
NOTICES DEPARTMENT OF THE INTERIOR, Bureau
of Indian Affairs (2/27/07)
Privacy Act of 1974,
as Amended; Amendment of an Existing System of Records, Tuesday,
February 27, 2007, 72
FR 8769-01, (PDF),
2007
WL 579919
SUMMARY: Under the Privacy Act of 1974, as amended
(5
U.S.C. 552a), the Bureau of Indian Affairs (BIA) is issuing
public notice of our intent to change an existing Privacy Act system
of records notice entitled Interior BIA-25 "Integrated Records
Management System (IRMS)," published at 45
FR 45381 (July 3, 1980). BIA proposes to: (1) Update the information
on the location of the records; (2) identify new information that
will be included in the system of records; (3) clearly state the
current routine uses of the records by organizations and individuals
outside of the Department of the Interior (DOI); and (4) expand
the routine uses of such information to include disclosures to Federal,
state, or local agencies regarding the reporting of an investigation
of an employee. BIA is accomplishing these changes in part by updating
its system of records through conversion to the new application,
Trust Asset and Accounting Management System (TAAMS), which has
replaced the Land Records Information System (LRIS) and will replace
the Integrated Records Management System (IRMS).
NOTICES DEPARTMENT OF THE INTERIOR, Bureau
of Indian Affairs (2/27/07)
Privacy Act of 1974,
as Amended; Establishment of a New System of Records, Tuesday, February
27, 2007, 72
FR 8767-01, (PDF),
2007
WL 579918
SUMMARY: The Department of the Interior (DOI),
Bureau of Indian Affairs (BIA) is issuing public notice of its intent
to add a new Privacy Act system of records to its inventory of records
systems subject to the Privacy Act of 1974 (5
U.S.C. 552a). This action is necessary to meet the requirements
of the Privacy Act to publish in the Federal Register notice of
the existence and character of records systems maintained by the
agency (5 U.S.C. 552a(e)(4)). The new Privacy Act system of records
is entitled "Interior BIA-27: BIA Probate Files."
NOTICES DEPARTMENT OF THE INTERIOR, Bureau
of Indian Affairs (2/22/07)
Final Determination
for Federal Acknowledgment of the Mashpee Wampanoag Indian Tribal
Council, Inc. of Massachusetts, Thursday, February 22, 2007, 72
FR 8007-01, (PDF),
2007
WL 526682
SUMMARY: Pursuant to 25
CFR 83.10(l)(2), notice is hereby given that the Department
of the Interior (Department) has determined that the Mashpee Wampanoag
Indian Tribal Council, Inc., P.O. Box 1048, Mashpee, Massachusetts,
02649, is an Indian tribe within the meaning of Federal law. This
notice is based on a determination that the petitioner satisfies
all seven mandatory criteria set forth in 25
CFR 83.7, and thus meets the requirements for a government-to-government
relationship with the United States.
PROPOSED RULES DEPARTMENT OF THE INTERIOR,
National Indian Gaming Commission, 25 CFR Part 547 (2/15/07)
Technical Standards
for Electronic, Computer, or Other Technologic Aids Used in the
Play of Class II Games; Withdrawal, Thursday, February 15, 2007,
72
FR 7360-01, (PDF),
2007
WL 470173
SUMMARY: This is to notify the public that the
National Indian Gaming Commission is withdrawing the proposed rule
published in the Federal Register on August 11, 2006 (71
FR 46335).
PROPOSED RULES DEPARTMENT OF THE INTERIOR,
National Indian Gaming Commission, 25 CFR Parts 502 and 546 (2/15/07)
Class II Definitions
and Game Classification Standards; Withdrawal, Thursday, February
15, 2007, 72
FR 7359-01, (PDF),
2007
WL 470172
SUMMARY: The purpose of this document is to notify
the public that the National Indian Gaming Commission is withdrawing
the proposed regulations published in the Federal Register on May
25, 2006 (71
FR 30232, 71
FR 30238).
January
PROPOSED RULES DEPARTMENT OF THE INTERIOR,
Bureau of Indian Affairs, 25 CFR Parts 15, 18, 150, 152 and 179
(1/25/07)
Office of the Secretary,
43 CFR Parts 4 and 30, Indian Trust Management Reform, Thursday,
January 25, 2007, 72
FR 3377-01, (PDF),
2007
WL 174661
SUMMARY: On August 8, 2006, the Bureau of Indian
Affairs (BIA) and the Office of the Secretary proposed to amend
several of their regulations related to Indian trust management
(see 71
FR 45174). The rule proposes to address Indian trust management
issues in the areas of probate, probate hearings and appeals, tribal
probate codes, life estates and future interests in Indian land,
the Indian land title of record, and conveyances of trust or restricted
land. The proposed rule also includes an "Application for Consolidation
by Sale" form that is associated with one of these amendments.
On November 1, 2006, the BIA and the Office of the Secretary reopened
the comment period for an additional 60 days to January 2, 2007
(see 71
FR 64181). This notice reopens the comment period an additional
45 days to March 12, 2007. The BIA and Office of Secretary again
are extending the comment period by 45 days to ensure that all interested
parties, including tribes and individual Indians, have the opportunity
to review the proposed rule and prepare their comments.
NOTICES DEPARTMENT OF THE INTERIOR, Bureau
of Indian Affairs (1/19/07)
Advisory Board for
Exceptional Children, Friday, January 19, 2007, 72
FR 2550-01, (PDF),
2007
WL 119241
SUMMARY: In accordance with the Federal Advisory
Committee Act, the Bureau of Indian Education is announcing that
the Advisory Board for Exceptional Children will hold its next meeting
in Washington, DC. The purpose of the meeting is to meet the mandates
of the Individuals with Disabilities Education Improvement Act of
2004 (IDEIA) on Indian children with disabilities.
NOTICES DEPARTMENT OF THE INTERIOR, Bureau
of Indian Affairs (1/19/07)
Notice of Availability
of Draft Environmental Impact Statement for the Proposed Transfer
From Fee-to-Trust Land of Oneida Indian Nation of New York Land
in Oneida and Madison Counties, New York; Additional Public Hearing
and Extension of Comment Period, Friday, January 19, 2007, 72
FR 2544-01, (PDF),
2007
WL 119239
SUMMARY: This notice advises the public that
the Bureau of Indian Affairs (BIA) will be holding an additional
public hearing to receive comments on its Draft Environmental Impact
Statement (DEIS) for the proposed fee-to-trust transfer of Oneida
Indian Nation of New York land in Oneida and Madison Counties, New
York. This notice also reminds the public that the public comment
period for the DEIS has been extended to February 22, 2007, as announced
in the Federal Register on January 5, 2007, by the Environmental
Protection Agency (EPA), and in local media by the BIA. The EPA's
original notice of availability for the DEIS and the BIA's supplement
to the EPA notice, both of which were published in the Federal Register
on November 24, 2006, announced a closing date for comments of January
8, 2007.
NOTICES DEPARTMENT OF THE INTERIOR, Minerals
Management Service (1/18/07)
Major Portion Prices
and Due Date for Additional Royalty Payments on Indian Gas Production
in Designated Areas Not Associated With an Index Zone, Thursday,
January 18, 2007, 72
FR 2307-01, (PDF),
2007
WL 106936
SUMMARY: Final regulations for valuing gas produced
from Indian leases, published on August 10, 1999, require MMS to
determine major portion prices and notify industry by publishing
the prices in the Federal Register. The regulations also require
MMS to publish a due date for industry to pay additional royalty
based on the major portion prices. This notice provides the major
portion prices for the 12 months of 2005. The due date to pay additional
royalties based on the major portion prices is 60 days after the
publication date of this notice.
PROPOSED RULES DEPARTMENT OF THE INTERIOR,
Bureau of Indian Affairs, 25 CFR Part 292 (1/17/07)
Gaming on Trust Lands
Acquired After October 17, 1988, Wednesday, January 17, 2007, 72
FR 1954-01, (PDF),
2007
WL 98250
SUMMARY: This document reopens the comment period
for the proposed rule published on December 4, 2006 (71
FR 70335), which establishes procedures that an Indian tribe
must follow in seeking to conduct gaming on lands acquired after
October 17, 1988.