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Indian Law Bulletins | U.S. Regulatory Information | Archives 2010

July

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (7/14/10)

Implementation of Question 10 of 25 CFR Part 170, Subpart C, Indian Reservation Roads Program, Wednesday, July 14, 2010, 75 FR 40849-02 , (PDF), 2010 WL 2753548

SUMMARY: The Bureau of Indian Affairs (BIA) is announcing tribal consultations to discuss a proposed change in how BIA and the Federal Highway Administration (FHWA) will implement Question 10 of 25 CFR Part 170, Subpart C. Question 10 determines the percentages that certain transportation facilities contribute to the calculation of the Relative Need Distribution Factor (RNDF) formula for Indian Reservation Road (IRR) Program funds. The determination is significant because a facility's eligibility for Federal funds will be used to determine the amount of IRR funds a tribe may be eligible to receive. The proposed change will affect the allocation of funding among tribes.

NOTICES DEPARTMENT OF THE TREASURY (7/12/10)

Tribal Economic Development Bonds, Monday, July 12, 2010, 75 FR 39730-01, (PDF), 2010 WL 2717437

SUMMARY: Pursuant to 25 CFR 83.10(e), notice is hereby given that the Assistant Secretary--Indian Affairs (AS-IA) proposes to decline to acknowledge that the group known as the "Choctaw Nation of Florida" (CNF), Petitioner #288, c/o Mr. Alfonso James, Jr., Post Office Box 6322, Marianna, Florida, 32447, is an Indian tribe within the meaning of Federal law. This notice is based on an investigation that determined that the petitioner does not meet one of the seven mandatory criteria set forth in 25 CFR Part 83.7, specifically criterion 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 (7/12/10)

Proposed Finding Against Federal Acknowledgment of the Choctaw Nation of Florida Tribe, Monday, July 12, 2010, 75 FR 39703-02, (PDF), 2010 WL 2717415

June

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (6/24/10)

No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee--Notice of Meeting, Thursday, June 24, 2010, 75 FR 36117-01 , (PDF), 2010 WL 2515373

SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Affairs is announcing that the No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee will hold its third meeting in Rapid City, South Dakota. The purpose of the meeting is to continue working on reports and recommendations to Congress and the Secretary as required under the No Child Left Behind Act of 2001.

PROPOSED RULES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 1000 (6/24/10)

Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking Committee Meeting , Thursday, June 24, 2010, 75 FR 36022-01, (PDF), 2010 WL 2515427

SUMMARY: This document announces the sixth meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (6/18/10)

Final Determination for Federal acknowledgment of the Shinnecock Indian Nation, Friday, June 18, 2010, 75 FR 34760-01, (PDF), 2010 WL 2423412

SUMMARY: The Department of the Interior (Department) gives notice that the Acting Principal Deputy Assistant Secretary-Indian Affairs (PDAS-IA) has determined the Shinnecock Indian Nation is entitled to be acknowledged as an Indian tribe within the meaning of Federal law. This notice is based on a determination that affirms the reasoning, analysis, and conclusions in the Proposed Finding (PF). The petitioner satisfies the seven mandatory criteria for acknowledgment set forth in the applicable regulations, and therefore, meets the requirements for a government-to-government relationship with the United States. This notice is the Final Determination (FD). Based on the limited nature and extent of comment and consistent with prior practices, the Department did not produce any detailed report or other summary under the criteria pertaining to this FD.

RULES and REGULATIONS DEPARTMENT OF EDUCATION 34 CFR Part 371 (6/16/10)

Vocational Rehabilitation Service Projects for American Indians with Disabilities, Wednesday, June 16, 2010, 75 FR 34296-01, (PDF), 2010 WL 2380639

SUMMARY: The Secretary is adopting as final, without changes, interim final regulations for the American Indian Vocational Rehabilitation Services (AIVRS) program to permit a consortium of Indian tribes to establish a separate legal entity to apply for a grant under this program. These final regulations are needed to enable the Department to make grants to Indian tribes that choose to form a consortium and, rather than authorizing one of the Indian tribes of the consortium to serve as the grantee, create a separate legal entity that serves as the grantee on behalf of the consortium and that is responsible for using the grant funds to provide services to all the Indian tribes in the consortium.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service (6/16/10)

Reimbursement Rates for Calendar Year 2010, Wednesday, June 16, 2010, 75 FR 34147-03 , (PDF), 2010 WL 2380549

SUMMARY: Notice is given that the Director of Indian Health Service (IHS), under the authority of sections 321(a) and 322(b) of the Public Health Service Act (42 U.S.C. 248 and 249(b)), Public Law 83-568 (42 U.S.C. 2001(a)), and the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), has approved the following rates for inpatient and outpatient medical care provided by IHS facilities for Calendar Year 2010 for Medicare and Medicaid beneficiaries and beneficiaries of other Federal programs. The Medicare Part A inpatient rates are excluded from the table below as they are paid based on the prospective payment system. Since the inpatient rates set forth below do not include all physician services and practitioner services, additional payment may be available to the extent that those services meet applicable requirements. Section 1880 of the Social Security Act authorizes Medicare Part B payment to hospitals and ambulatory care clinics operated by IHS or by an Indian Tribe or Tribal organization.

NOTICES DEPARTMENT OF INTERIOR Bureau of Reclamation (6/14/10)

Klamath Hydroelectric Settlement Agreement, including secretarial determination on whether to remove four dams on the Klamath River in California and Oregon, Monday, June 14, 2010, 75 FR 33634-01, (PDF), 2010 WL 2344806

SUMMARY:Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, and the California Environmental Quality Act (CEQA), the Department of the Interior (Department), through the Bureau of Reclamation (Reclamation), and the California Department of Fish and Game (CDFG) intend to prepare an EIS/EIR. The Department and CDFG will conduct public scoping meetings to solicit comments concerning the issues, alternatives, and analyses to be considered in the evaluation of whether to remove four dams on the Klamath River pursuant to the terms of the Klamath Hydroelectric Settlement Agreement (KHSA). Section 3.3.1 of the KHSA states: "Based upon the record, environmental compliance and other actions described in Section 3.2, and in cooperation with the Secretary of Commerce and other Federal agencies as appropriate, the Secretary shall determine whether, in his judgment, the conditions of Section 3.3.4 have been satisfied, and whether, in his judgment, Facilities Removal (i) will advance restoration of the salmonid fisheries of the Klamath Basin, and (ii) is in the public interest, which includes but is not limited to consideration of potential impacts on affected local communities and Tribes."

RULES and REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service 25 CFR Part 900 (6/4/10)

Indian Self-Determination Act contracts and annual funding agreements--appeal procedures , Friday, June 4, 2010, 75 FR 31699-01, (PDF), 2010 WL 2213001

SUMMARY: The Bureau of Indian Affairs (BIA) in the Department of the Interior (DOI) and the Indian Health Service (IHS) in the Department of Health and Human Services (HHS) are making limited technical amendments to their joint regulations governing contracts and annual funding agreements under the Indian Self-Determination and Education Assistance Act to update the appeals procedures.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service (6/2/10)

Statutorily Mandated Single Source Award Program Name: National Indian Health Board, Wednesday, June 2, 2010, 75 FR 30842-01, (PDF), 2010 WL 2174932

SUMMARY:Funding amounts for each project, per Agency are delineated below. All project funding is subject to available funds; hence all supplemental projects outlined in this notice may not be awarded if the Agency does not identify funding for each activity.
Indian Health Service (IHS) Funding
(1) Budget Formulation not to exceed $65,000.
(2) Methamphetamine Abuse and Suicide Prevention Initiative (MSPI) not to exceed
$50,000.
(3) IHS Medicaid, Medicare Policy Committee (MMPC) not to exceed $100,000.
Centers for Medicare and Medicaid Services (CMS) Funding
(1) Study and improve the administration and effectiveness of the Medicare,
Medicaid and Children's Health Insurance Program (CHIP) in Indian County not to
exceed $450,000.
(2) Data Analysis, Consultation and Training not to exceed $250,000.
(3) American Recovery and Reinvestment Act (ARRA) Health Information Technology
(HIT) not to exceed $100,000.

NOTICES DEPARTMENT OF THE INTERIOR Minerals Management Service (6/1/10)

Notice Terminating the Exclusion of Indian Tribal Leases in the Uintah and Ouray Reservation From Valuation Under 30 CFR 206.172, Tuesday, June 1, 2010, 75 FR 30430-01, (PDF), 2010 WL 2158965

SUMMARY: Reservation (Reservation) in Utah, the Minerals Management Service (MMS) is terminating the exclusion from valuation under the regulations at 30 CFR 206.172, based on a request by the Ute Indian Tribe of the Uintah and Ouray Reservation.

May

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (5/26/10)

Rate Adjustments for Indian Irrigation Projects, Wednesday, May 26, 2010, 75 FR 29577-02, (PDF), 2010 WL 2068266

SUMMARY: The Bureau of Indian Affairs (BIA) owns, or has an interest in, irrigation projects located on or associated with various Indian reservations throughout the United States. We are required to establish irrigation assessment rates to recover the costs to administer, operate, maintain, and rehabilitate these projects. We are notifying you that we have adjusted the irrigation assessment rates at several of our irrigation projects and facilities to reflect current costs of administration, operation, maintenance, and rehabilitation.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs(5/20/10)

Deadline for submission of applications to be included on the Roll of Western Shoshone Identifiable Group of Indians for Judgment Fund Distribution, Thursday, May 20, 2010, 75 FR 28280-02, (PDF), 2010 WL 1989502

SUMMARY: This notice establishes the deadline by which applications must be received for eligible individuals to be listed on the roll that will be used as the basis for distributing the judgment funds awarded by the Indian Claims Commission to the Western Shoshone Identifiable Group of Indians in Docket No. 326-K.

NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs(5/19/10)

Indian Child Welfare Act; Designated Tribal Agents for Service of Notice, Wednesday, May 19, 2010, 75 FR 28104-01, (PDF), 2010 WL 1975823

SUMMARY: The regulations implementing the Indian Child Welfare Act provide that Indian Tribes may designate an agent other than the Tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated Tribal agents for service of notice. The names are those received by the Secretary of the Interior before the date of this publication.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (5/18/10)

Announcement of Funding Awards for the Indian Community Development Block Grant Program for Fiscal Year 2009 , Tuesday, May 18, 2010, 75 FR 27801-01, (PDF), 2010 WL 1955096

SUMMARY: In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the Fiscal Year 2009 (FY 2009) Notice of Funding Availability (NOFA) for the Indian Community Development Block Grant (ICDBG) Program. This announcement contains the consolidated names and addresses of this year's award recipients under the ICDBG.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service 50 CFR Part 20 (5/13/10)

Migratory Bird Hunting; Proposed 2010-11 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2011 Spring and Summer Migratory Bird Subsistence Harvest Proposals in Alaska , Thursday, May 13, 2010, 75 FR 27144-01, (PDF), 2010 WL 1903575

SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2010-11 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2010-11 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2011 spring and summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide opportunities for recreation and sustenance; aid Federal, State, and tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.

NOTICES DEPARTMENT OF TRANSPORTATION, Federal Transit Administration (5/13/10)

Public Transportation on Indian Reservations Program; Tribal Transit Program , Thursday, May 13, 2010, 75 FR 27114-01, (PDF), 2010 WL 1903555

SUMMARY: This notice announces the availability of $15,074,963 million in funding provided by the Public Transportation on Indian Reservations Program (Tribal Transit Program (TTP)), a program authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Section 3013(c). This notice is a national solicitation for grant proposals and it includes the selection criteria and program eligibility information for FY 2010 projects.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families (5/13/10)

Notice of Public Comment on Tribal Consultation Sessions , Thursday, May 13, 2010, 75 FR 26973-01, (PDF), 2010 WL 1903495

SUMMARY: Pursuant to the Improving Head Start for School Readiness Act of 2007, Public Law 110-134, notice is hereby given of one-day Tribal Consultation Sessions to be held between the Department of Health and Human Services, Administration for Children and Families, Office of Head Start leadership and the leadership of Tribal Governments operating Head Start (including Early Head Start) programs. The purpose of these Consultation Sessions is to discuss ways to better meet the needs of American Indian and Alaska Native children and their families, taking into consideration funding allocations, distribution formulas, and other issues affecting the delivery of Head Start services in their geographic locations [42 U.S.C. 9835, Section 640(l)(4)].

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (5/12/10)

Notice of Re-Designation of the service delivery area for the Cowlitz Indian Tribe , Wednesday, May 12, 2010, 75 FR 26774-01 , (PDF), 2010 WL 1868494

SUMMARY: This Notice advises the public that the Indian Health Service (IHS) has decided to expand the geographic boundaries of the Service Delivery Area (SDA) for the Cowlitz Indian Tribe. The Cowlitz SDA currently is comprised of Clark, Cowlitz, King, Lewis, Pierce, Skamania, and Thurston in the State of Washington. These counties were designated as the Tribe's SDA in 67 FR 46329. Under this final decision, Columbia County, Oregon, and Kittitas and Wahkiakum Counties, Washington will be added to the existing Cowlitz SDA.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (5/3/10)

Advisory Board for exceptional children, Monday, May 3, 2010, 75 FR 23288-01 , (PDF), 2010 WL 1739181

SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education (BIE) is announcing that the Advisory Board for Exceptional Children (Advisory Board) will hold its next meeting in Old Town, Maine. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Act of 2004 (IDEA) for Indian children with disabilities.

April

NOTICES DEPARTMENT OF INTERIOR, Minerals Management Service (4/27/10)

Major portion prices and due date for additional royalty payments on Indian gas production in designated areas not associated with an index zone, Tuesday, April 27, 2010, 75 FR 22159-01 , (PDF), 2010 WL 1649663

SUMMARY: Final regulations for valuing gas produced from Indian leases, published 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 royalties based on the major portion prices. This notice provides major portion prices for the 12 months of calendar year 2008.

NOTICES DEPARTMENT OF INTERIOR , Bureau of Indian Affairs (4/27/10)

Grant Program to assess, evaluate and promote development of Tribal energy and mineral resources, Tuesday, April 27, 2010, 75 FR 22153-02 , (PDF), 2010 WL 1649662

SUMMARY: The Energy and Mineral Development Program (EMDP) provides funding to Indian tribes with the mission goal of assessing, evaluating, and promoting energy and mineral resources on Indian trust lands for the economic benefit of Indian mineral owners. To achieve these goals, the Department of the Interior's Office of Indian Energy and Economic Development (IEED), through its Division of Energy and Mineral Development (DEMD) office, is soliciting proposals from tribes. The Department will use a competitive evaluation process to select several proposed projects to receive an award.

RULES and REGULATIONS DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 24 CFR Part 1003 , (4/19/10)

Regulatory reporting requirements for the Indian community development block Grant program , Monday, April 19, 2010, 75 FR 20269-01, (PDF), 2010 WL 1521258

SUMMARY: This final rule revises the reporting requirements for the Indian Community Development Block Grants (ICDBG) program. First, the rule provides for submission of a single annual report on the hiring of minority business enterprises, due each October. Currently, ICDBG grantees are required to report on these activities on a semiannual basis, with reports being due to HUD on April 10 and October 10 of each year. Second, this rule requires ICDBG grantees to use the Logic Model form developed as part of HUD's Notice of Funding Availability (NOFA) process. The required use of the Logic Model will conform the ICDBG reporting requirements to those of other HUD competitive funding programs, and enhance the evaluation of grantee performance by ensuring uniformity in the information provided by ICDBG grantees on performance goals. This final rule follows publication of an October 23, 2009, proposed rule on which HUD received two public comments, both of which were supportive of the rule.

NOTICES DEPARTMENT OF AGRICULTURE, Farm Service Agency, (4/06/10)

Notice of Funds Availability (NOFA) to Invite Applications for the American Indian and Alaska Native Credit Outreach Initiative, Tuesday, April 6, 2010, 75 FR 17370-01, (PDF), 2010 WL 1282858

SUMMARY: The Farm Service Agency (FSA) is requesting applications for competitive cooperative agreement funds for Fiscal Year (FY) 2010 for the credit outreach initiative targeted to American Indian and Alaska Native farmers, ranchers, and youth residing primarily on Indian reservations within the contiguous United States and in Alaska. There is $400,000 available in funding for the remainder of FY 2010. FSA will make one award to a successful applicant through a cooperative agreement. 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, and one-on-one loan application preparation assistance to American Indian and Alaska Native farmers, ranchers, and youth. Successful proposals may include other innovative services intended to enhance participation by American Indians and Alaska Natives in specific FSA Agricultural Credit Programs and other relevant credit programs available to American Indian and Alaska Native producers.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Bureau of Indian Affairs, 48 CFR Chapter 14 (4/01/10)

Announcement of funding awards for the public and Indian housing family self- sufficiency program under the Resident Opportunity and Self-Sufficiency (ROSS) Program for Fiscal Year 2009, Thursday,April 1, 2010, 75 FR 16493-02, (PDF), 2010 WL 1231803

SUMMARY: In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department for funding under the FY 2009 Notice of Funding Availability (NOFA) for the Public and Indian Housing Family Self-Sufficiency Program under the Resident Opportunity and Self-Sufficiency (ROSS) Program for Fiscal Year 2009. This announcement contains the consolidated names and addresses of those award recipients selected for funding based on the funding priority categories established in the NOFA.

March

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 48 CFR Chapter 14 (3/26/10)

Tribal consultation on Draft Buy Indian Act Regulations , Friday, March 26, 2010, 75 FR 14547-01, (PDF), 2010 WL 1130817

SUMMARY: Indian Affairs will conduct consultation meetings with Indian tribes to obtain oral and written comments concerning draft regulations to implement the Buy Indian Act. See the SUPPLEMENTARY INFORMATION section of this notice for details.

PROPOSED RULES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 24 CFR Part 1000 (3/25/10)

Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated rulemaking committee meeting; Correction , Thursday, March 25, 2010, 75 FR 14390-01, (PDF), 2010 WL 1063697

SUMMARY: HUD published a document in the Federal Register on March 19, 2010, announcing a meeting of the Native American Housing Assistance & Self-Determination Negotiated Rulemaking Committee. The document contained an incorrect telephone number for the location where the meeting is to take place. The location, address, and dates of the meeting remain as previously published.

NOTICES DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration (3/24/10)

Pacific Coastal Salmon Recovery Fund , Wednesday, March 24, 2010, 75 FR 14135-02, (PDF), 2010 WL 1046555

SUMMARY: NOAA announces the availability of Pacific Coastal Salmon Recovery Funding (PCSRF), as authorized in the Northern Boundary and Transboundary Rivers Restoration and Enhancement Fund and Southern Boundary Restoration and Enhancement Fund, to support the restoration and conservation of Pacific salmon and steelhead populations and their habitat. The program makes funding available to the States of Alaska, Washington, Oregon, Idaho, California and Nevada and Federally-recognized tribes of the Columbia River and Pacific Coast for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or identified by a State as at-risk or to be so-listed; for maintaining populations necessary for exercise of tribal treaty fishing rights or native subsistence fishing; or for conservation of Pacific coastal salmon and steelhead habitat. This announcement outlines the guidelines that will be used to distribute funding to eligible entities.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Land Management (3/19/10)

Alaska Native claims selection , Friday, March 19, 2010, 75 FR 13297-01, (PDF), 2010 WL 978932

SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that the Bureau of Land Management will issue an appealable decision approving the conveyance of surface and subsurface estates for certain lands pursuant to the Alaska Native Claims Settlement Act to Doyon, Limited for 118.47 acres, located southeast of the Native village of Hughes, Alaska. Notice of the decision will also be published four times in the Fairbanks Daily News-Miner.

PROPOSED RULES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 24 CFR Part 1000 (3/19/10)

Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated rulemaking committee meeting , Friday, March 19, 2010 , 75 FR 13243-01, (PDF), 2010 WL 979032

SUMMARY: This document announces a meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program.

NOTICES NATIONAL INDIAN GAMING COMMISSION , (3/18/10)

The National Environmental Policy Act procedures manual , Thursday, March 18, 2010 , 75 FR 13139-02 , (PDF), 2010 WL 956747

SUMMARY: This notice reopens the period for comments on the Draft NEPA Procedures Manual published in the Federal Register on December 4, 2009 (74 FR 63765-74 FR 63787). Previously, the Commission reopened the comment period from January 19, 2010, to March 4, 2010 (75 FR 3756).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (3/16/10)

Proclaiming certain lands as an addition to the Confederated Tribes of the Chehalis Reservation, Washington , Tuesday, March 16, 2010, 75 FR 12565-01, (PDF), 2010 WL 896811

SUMMARY: This notice informs the public that the Assistant Secretary-Indian Affairs proclaimed approximately 213.73 acres, more or less, to be added to the Chehalis Indian Reservation, Washington.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR , Office of the Secretary, 43 CFR Part 10 (3/15/10)

Native American Graves Protection and Repatriation Act regulations-disposition of culturally unidentifiable human remains , Monday, March 15, 2010, 75 FR 12378-01 , (PDF), 2010 WL 887174

SUMMARY: This final rule implements the Native American Graves Protection and Repatriation Act by adding procedures for the disposition of culturally unidentifiable Native American human remains in the possession or control of museums or Federal agencies. This rule also amends sections related to purpose and applicability of the regulations, definitions, inventories of human remains and related funerary objects, civil penalties, and limitations and remedies.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (3/10/10)

Issuance of final policy directive , Wednesday, March 10, 2010, 75 FR 11181-01 , (PDF), 2010 WL 785038

SUMMARY: The Administration for Native Americans (ANA) is issuing final interpretive rules, general statements of policy and rules of agency organization, procedure, or practice relating to the following Funding Opportunity Announcements (FOAs): Social and Economic Development Strategies (hereinafter referred to as SEDS), Social and Economic Development Strategies-Special Initiative (hereinafter referred to as SEDS-SI), Native Language Preservation and Maintenance (hereinafter referred to as Language Preservation), Native Language Preservation and Maintenance-Esther Martinez Initiative (hereinafter referred to as Language-EMI), and Environmental Regulatory Enhancement (hereinafter referred to as ERE). This notice also provides information about how ANA will administer these programs.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (3/8/10)

Tribal self-governance program planning cooperative agreement; Announcement , Monday, March 8, 2010, 75 FR 10496-01 , (PDF), 2010 WL 752109

SUMMARY: The purpose of the Planning Cooperative Agreement is to provide resources to Tribes interested in participating in the Tribal Self-Governance Program (TSGP), as authorized by Public Law 106-260, the Tribal Self-Governance Amendments of 2000, and Title V of the Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended (Title V) (25 U.S.C. 458aaa-2(e)). The Planning Cooperative Agreement enables a Tribe to gather information on the current types of programs, services, functions, and activities (PSFAs) and related funding available at the Service Unit, Area, and Headquarters levels as well as determine the organizational preparation related to the administration of health programs. There is limited competition under this announcement because the authorizing legislation restricts eligibility to Tribes that meet specific criteria (Refer to Section III.1.A., Eligible Applicants in this announcement). The TSGP is designed to promote Self-Governance by enabling Tribes to assume control of Indian Health Service (IHS) PSFAs, or portions thereof, through compacts negotiated with the IHS. This program is described at 93.444 in the Catalog of Federal Domestic Assistance (CFDA).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (3/1/10)

Plan for the use and distribution of the confederated tribes of the Warm Springs Reservation of Oregon judgment funds in Docket 02-126L Before the United States Federal Court of Claims , Monday, March 1, 2010, 75 FR 9250-02 , (PDF), 2010 WL 677564

SUMMARY: Notice is hereby given that the plan for the use and distribution of the judgment funds awarded to the Confederated Tribes of the Warm Springs Reservation of Oregon v. U.S., Docket No. 02-261L, is effective as of December 18, 2009. The judgment funds were awarded by the United States Court of Federal Claims on January 16, 2009. The Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon enacted Tribal Resolution No. 10,997, on January 22, 2009, to accept the Tribal Use and Distribution Plan providing for the disposition of the settlement funds. Funds were appropriated on March 5, 2009.

February

NOTICES DEPARTMENT OF THE INTERIOR, Office of the Secretary of the Interior (2/25/10)

Proposed Appointment to the National Indian Gaming Commission , Thursday, February 25, 2010, 75 FR 8731-02 , (PDF), 2010 WL 637440

SUMMARY: The Indian Gaming Regulatory Act provides for a three-person National Indian Gaming Commission. One member, the chairman, is appointed by the President with the advice and consent of the Senate. Two associate members are appointed by the Secretary of the Interior. Before appointing members, the Secretary is required to provide public notice of a proposed appointment and allow a comment period. Notice is hereby given of the proposed appointment of Daniel J. Little as an associate member of the National Indian Gaming Commission for a term of 3 years.

RULES and REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families, 45 CFR Parts 309 and 310(2/25/10)

Computerized Tribal IV-D Systems and Office Automation, Thursday, February 25, 2010, 75 FR 8508-01, (PDF), 2010 WL 637509

SUMMARY: This rule enables Tribes and Tribal organizations currently operating comprehensive Tribal Child Support Enforcement programs under Title IV-D of the Social Security Act (the Act) to apply for and receive direct Federal funding for the costs of automated data processing. This rule addresses the Secretary's commitment to provide instructions and guidance to Tribes and Tribal organizations on requirements for applying for, and upon approval, securing Federal Financial Participation (FFP) in the costs of installing, operating, maintaining, and enhancing automated data processing systems.

NOTICES DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration (2/19/10)

Species recovery grants to Tribes program , Friday, February 19, 2010, 75 FR 7448-01 , (PDF), 2010 WL 563104

SUMMARY: The National Marine Fisheries Service publishes this notice to solicit proposals for the Species Recovery Grants to Tribes Program. The principal objective of the Program is to support recovery efforts that directly benefit threatened or endangered species, recently de-listed species, or candidate species. Recovery efforts may involve management, research, monitoring, and outreach activities or any combination thereof. For FY 2010, NOAA anticipates that approximately $1 million will be available for distribution under this program. Only federally recognized tribes are eligible to apply under this solicitation.

NOTICES DEPARTMENT OF EDUCATION, Office of Elementary and Secondary Education Indian Education-Professional (2/8/10)

Development Grants , Monday, February 8, 2010, 75 FR 6192-02 , (PDF), 2010 WL 422278

SUMMARY: On December 18, 2009, we published in the Federal Register (74 FR 67182) a notice inviting applications for new awards for FY 2010 for the Indian Education-Professional Development Grants. The Intergovernmental Review Deadline date as published on page 67184 is corrected to April 26, 2010. The specific change to be made is as follows: On page 67184, second column, the date listed for Deadline for Intergovernmental Review is changed to read "April 26, 2010."

NOTICES DEPARTMENT OF EDUCATION, Office of Elementary and Secondary Education Indian Education-Professional (2/8/10)

Grants for Indian Children Catalog of Federal Domestic Assistance (CFDA) , Monday, February 8, 2010, 75 FR 6192-01, (PDF), 2010 WL 422277

SUMMARY: On December 3, 2009, we published in the Federal Register (74 FR 63398) a notice inviting applications for new awards for FY 2010. The notice specified a deadline date of February 18, 2010 for the submission of applications. Since publication, however, we have learned that the Department's e-Application system will be shut down for a system update from February 10, 2010 through February 15, 2010. Therefore, in order to give applicants adequate time to submit their application packages, we are changing the deadline for the submission of applications to February 25, 2010. With this change in the deadline date, we are also changing the deadline date for intergovernmental review. The specific changes to be made are as follows: On page 63398, first column, the date listed for Deadline for Transmittal of Applications is changed to read "February 25, 2010." On page 63398, first column, the date listed for Deadline for Intergovernmental Review is changed to read "April 26, 2010." On page 63399, second column, the date listed for Deadline for Transmittal of Applications is changed to read "February 25, 2010." On page 63399, second column, the date listed for Deadline for Intergovernmental Review is changed to read "April 26, 2010."

NOTICES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission (2/2/10)

Fee Rate , Tuesday, February 2, 2010, 75 FR 5342-01, (PDF), 2010 WL 342413

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 0.060% (.00060) for tier 2 for calendar year 2010. 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 2010 shall be one-half of the annual fee rate, which is 0.030% (.00030).

January

NOTICES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission (1/22/10)

The National Environmental Policy Act Procedures Manual , Friday, January 22, 2010, 75 FR 3756-01, (PDF), 2010 WL 198221

SUMMARY: This notice reopens the period for comments on the Draft NEPA Procedures Manual published in the Federal Register on December 4, 2009 (74 FR 63765, 74 FR 63787).

NOTICES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission (1/22/10)

The National Environmental Policy Act Procedures Manual , Friday, January 22, 2010, 75 FR 3756-01, (PDF), 2010 WL 198221

SUMMARY: This notice reopens the period for comments on the Draft NEPA Procedures Manual published in the Federal Register on December 4, 2009 (74 FR 63765, 74 FR 63787).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (1/11/10)

Tribal Consultation on proposed revisions to 25 CFR Parts 81 & 82, Monday, January 11, 2010, 75 FR 1407-01 , (PDF), 2010 WL 58170

SUMMARY: Notice is hereby given that the Bureau of Indian Affairs (BIA) will conduct another consultation meeting with Indian tribes reorganized under the Indian Reorganization Act (IRA) and the Oklahoma Indian Welfare Act, and other interested tribal leaders, to obtain oral and written comments concerning the potential revision of regulations at 25 CFR part 81, Tribal Reorganization under a Federal Statute, and 25 CFR part 82, Petitioning Procedures for Tribes Reorganized Under Federal Statute and Other Organized Tribes. In addition to the locations listed in the Federal Register of November 12, 2009, in FR Doc. E9-27181, page 58310, the BIA will conduct a consultation meeting with Indian tribes in Albuquerque, New Mexico.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (1/11/10)

Tribal Consultation on proposed revisions to 25 CFR Parts 81 & 82, Monday, January 11, 2010, 75 FR 1407-02 , (PDF), 2010 WL 58171

SUMMARY: The Bureau of Indian Affairs published a document in the Federal Register of November 12, 2009, concerning the notice of tribal consultation meetings. The document included the date of January 14, 2010 for the meeting scheduled at the Pala Casino Resort and Spa in Pala, California. This notice changes the date to February 2, 2010, and the location to the Pala Administration Building in Pala, California.

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