Notice of Tribal Consultations; Schedule Update Wednesday, December 28, 2011, 76 FR 81527-01, (PDF), 2011 WL 6778704
SUMMARY: On November 18, 2010, the National Indian Gaming Commission (NIGC) published a Notice of Inquiry and Notice of Consultation, 75 FR 70680. The Commission announced to the public a comprehensive review of all its regulations, sought responses to many general and specific questions about its regulations, and announced a schedule of consultations. This notice adds two consultations to the schedule for January 2012. Should any further changes to the consultation schedule be necessary, the Commission will announce them in the Federal Register and on its Web site, www.nigc.gov.
State, Local, Tribal, and Private Sector Policy Advisory Committee (SLTPS-PAC), Tuesday, December 27, 2011, 76 FR 80971-01, (PDF), 2011 WL 6748910
SUMMARY: In accordance with the Federal Advisory Committee Act (5 U.S.C. app 2) and implementing regulation 41 CFR 101-6, announcement is made for the committee meeting of the State, Local, Tribal, and Private Sector Policy Advisory Committee. To discuss the matters relating to the Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities. DATES: The meeting will be held on January 18, 2012, 10 a.m. to 12 noon. ADDRESSES: National Archives and Records Administration, 700 Pennsylvania Avenue NW., Jefferson Room, Washington, DC 20408.
Enforcement Actions Tuesday, December 27, 2011, 76 FR 80847-01, (PDF), 2011 WL 6748977
SUMMARY: This action proposes to amend NIGC regulations to include a graduated pre-enforcement process through which a tribe may come into compliance before an enforcement action is taken by the Chair. Voluntary compliance is the goal of the Commission. This amendment sets forth how Commission staff and tribes may address potential or existing compliance issues. The amendment retains the Chair's authority to issue an enforcement action at the Chair's discretion. The amendment also modifies this Part to allow a temporary closure order when there is clear and convincing evidence that a gaming operation defrauds a tribe. The current regulation provides for the issuance of a temporary closure order when there is clear and convincing evidence that a gaming operation defrauds a tribe or a customer. The Commission believes this issue has been adequately addressed by ordinance requirements of the IGRA and NIGC regulations, because tribes must include in their ordinances a dispute resolution procedure to address issues where a customer believes she or he has been defrauded. If the tribe fails to follow their ordinance, enforcement action may be taken. Finally, current regulations do not provide specificity for when an enforcement action becomes final, such as when a notice of violation is issued and there is no appeal filed or settlement agreement reached. The proposed amendment clarifies that an enforcement action becomes final agency action and a final order of the Commission if no appeal is filed or a settlement agreement reached.
Definition of Enforcement Action, Tuesday, December 27, 2011, 76 FR 80846-01, (PDF), 2011 WL 6748976
SUMMARY: This action proposes to amend NIGC regulations to include definitions for ``enforcement action''. The Indian Gaming Regulatory Act authorizes the NIGC to take certain actions in regard to violations of the Act, NIGC regulations, and tribal gaming ordinances. However, current NIGC regulations do not provide a definition for such actions. The Commission believes that providing a definition for these actions will provide clarity to persons subject to them. Therefore, a definition of "enforcement action'' is proposed in this notice.
Tribal Background Investigations and Licensing, Thursday, December 22, 2011, 76 FR 79567-01, (PDF), 2011 WL 6399889
SUMMARY: The proposed rule modifies certain NIGC regulations concerning background investigations and licenses to reduce the quantity of documents that must be submitted to the Commission; to require that two notifications be submitted to the Commission in order to comply with the Indian Gaming Regulatory Act (IGRA); and to establish the requirements for the issuance of temporary and permanent gaming licenses.
Management Contracts Background Investigations, Thursday, December 22, 2011, 76 FR 79565-01, (PDF), 2011 WL 6399888
SUMMARY: This action proposes to amend NIGC regulations to include tribes, wholly owned tribal entities, and national banks that are already federally regulated or required to undergo a background investigation and licensure by a state or tribe pursuant to a tribal- state compact as entities that the Chair may exercise discretion regarding the submission of information and background investigations. This process may provide for a streamlined review for such entities in the background investigation process required for management contracts. The proposed revision may reduce duplication of efforts while maintaining the integrity of NIGC review. The proposal maintains the Chair's discretion in determining which entities should be allowed to proceed through an expedited background investigation. This amendment has been included in this proposed rule. The Commission also considered revising its regulations to clarify that a management contractor should be required to submit background information when the contract is for management of both Class II and Class III gaming activities. Many public comments noted that it was not a necessary revision. The Commission agrees with those public comments and does not propose that clarification.
Grant Program To Assess, Evaluate and Promote Development of Tribal Energy and Mineral Resources, Monday, December 19, 2011, 76 FR 78684-01, (PDF), 2011 WL 6293454
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.
Establishment of the Indian Oil Valuation Negotiated Rulemaking Committee, Thursday, December 8, 2011 , 76 FR 76634-01, (PDF), 2011 WL 6075604
SUMMARY: On January 31, 2011, the Department published a notice of intent to establish an Indian Oil Valuation Negotiated Rulemaking Committee. In that notice, we requested interested parties to nominate representatives for membership on the Committee and addressed many of the requirements of Section 564 of the Negotiated Rulemaking Act. On August 22, 2011, the Department published a second notice of intent to establish an Indian Oil Valuation Negotiated Rulemaking Committee to address the remaining requirements of Section 564 of the Negotiated Rulemaking Act and to inquire if all interests were represented by the proposed members. This notice establishes the Committee.
Indian Tribal Governmental Plans; Correction, Thursday, December 8, 2011, 76 FR 76633-02, (PDF), 2011 WL 6075603
SUMMARY: This document contains corrections to advance notice of proposed rulemaking (REG-133223-08) that describes the rules the Treasury Department and IRS are considering proposing relating to the determination of whether a plan of an Indian Tribal government is a governmental plan within the meaning of section 414(d) and contains an appendix that includes a draft notice of proposed rulemaking on which the Treasury Department and IRS invite comments from the public. The document was published in the Federal Register on Tuesday, November 8, 2011 (76 FR 69188).
Establishment of the Council for Native American Farming and Ranching, Tuesday, December 6, 2011, 76 FR 76120-02, (PDF), 2011 WL 6019963
SUMMARY: The Department of Agriculture (USDA) is announcing the establishment of the Council for Native American Farming and Ranching (Council). The purpose of the Council is to provide recommendations to the Secretary on how to eliminate barriers to Native American participation in Farm Service Agency (FSA) farm loan programs and other farm programs. The Council will discuss issues related to the participation of Native American farmers and ranchers in USDA farm loan programs and transmit recommendations concerning any changes to FSA regulations or internal guidance or other measures. The Council is necessary and in the public interest. USDA is seeking nominations for individuals to be considered Council members. Candidates who wish to be considered for membership on the Council should submit an AD-755 application form and resume to the Secretary of Agriculture. Cover letters should be addressed to the Secretary of Agriculture. The application form and more information about advisory Councils can be found at usda.gov/advisory-- committees.xml.
Office of the Attorney General; Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country, Tuesday, December 6, 2011, 76 FR 76037-02, (PDF), 2011 WL 6020089
SUMMARY: This rule establishes the procedures for an Indian tribe whose Indian country is subject to State criminal jurisdiction under Public Law 280 (18 U.S.C. 1162(a)) to request that the United States accept concurrent criminal jurisdiction within the tribe's Indian country, and for the Attorney General to decide whether to consent to such a request.
Office on Violence Against Women Wednesday, November 30, 2011, 76 FR 74075-01, (PDF), 2011 WL 5928737
SUMMARY: This notice sets forth the schedule and proposed agenda of the forthcoming public meeting of the Section 904 Violence Against Women in Indian Country Task Force (hereinafter ``the Task Force''). DATES: The meeting will take place on December 14, 2011 from 8:30 a.m. to 5:30 p.m. ADDRESSES: The meeting will take place at Hyatt Regency Tamaya, 1300 Tujunga Trail, and Santa Ana Pueblo, New Mexico, 87004. The public is asked to preregister by December 1, 2011 for the meeting.
Residential, Business, and Wind and Solar Resource Leases on Indian Land Tuesday, November 29, 2011, 76 FR 73784-01, (PDF), 2011 WL 5909873
SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to revise the regulations addressing non-agricultural leasing of Indian land. This rule would add new subparts to address residential leases, business leases, wind resource evaluation and development leases, and solar resource development leases on Indian land, and would therefore remove the existing subpart for non-agricultural leases.
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State and Tribal Response Programs for FY2012 Tuesday, November 29, 2011, 76 FR 67192-03, (PDF), 2011 WL 5909715
SUMMARY: The Environmental Protection Agency (EPA) will begin to accept requests, from December 1, 2011 through January 31, 2012, 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 2012, EPA will consider funding requests up to a maximum of $1.2 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.
Proclaiming Certain Lands as Reservation for the Fort Sill Apache Indian Tribe Monday, November 28, 2011, 76 FR 72969-01, (PDF), 2011 WL 5900888
SUMMARY: This notice informs the public that the Assistant Secretary--Indian Affairs proclaimed approximately 30.00 acres, more or less, as the Fort Sill Apache Indian Reservation for the Fort Sill Apache Tribe of Indians.
Public Housing Energy Audits, Thursday, November 17, 2011, 76 FR 71287-01, (PDF), 2011 WL 5563807
SUMMARY: This rule proposes to revise HUD's energy audit requirements applicable to HUD's public housing program for the purpose of clarifying such requirements, as well as identifying energy-efficient measures that need to be addressed in the audit and procedures for improved coordination with physical needs assessments. In addition, the rule moves the energy audit requirements to a different part of HUD's title of the Code of Federal Regulations.
Buy American Exceptions Under the American Recovery and Reinvestment Act of 2009 Friday, November 18, 2011 , 76 FR 71593-01, (PDF), 2011 WL 5592967
SUMMARY: In accordance with the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-05, approved February 17, 2009) (Recovery Act), and implementing guidance of the Office of Management and Budget (OMB), this notice advises that certain exceptions to the Buy American requirement of the Recovery Act have been determined applicable for work using Capital Fund Recovery Formula and Competition (CFRFC) grant funds. Specifically, exceptions were granted to the Philadelphia Housing Authority for the purchase and installation of a single zone, ductless split Heating, Ventilation and Air Conditioning (HVAC) system for the Plymouth Hall Apartments project, and to the Chattanooga Housing Authority for the purchase and installation of linoleum flooring for its Fairmount Avenue Townhomes project.
Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Amendments to Program Regulations Friday, November 18, 2011, 76 FR 71474-01, (PDF), 2011 WL 5593028
SUMMARY: This proposed rule would make several revisions to the regulations governing the Indian Housing Block Grant (IHBG) Program and the Title VI Loan Guarantee Program. HUD negotiated the proposed rule with active Tribal participation under the procedures of the Negotiated Rulemaking Act of 1990, pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The proposed regulatory changes would implement statutory amendments and reflect the consensus decisions reached by HUD and the Tribal representatives.
Deadline for Submitting Completed Applications To Begin Participation in the Tribal Self-Governance Program in Fiscal Year 2013 or Calendar Year 2013, Tuesday, November 15, 2011, 76 FR 70752-01, (PDF), 2011 WL 5519994
SUMMARY: In this notice, the Office of Self-Governance (OSG) establishes a March 1, 2012, deadline for Indian tribes/consortia to submit completed applications to begin participation in the tribal self-governance program in fiscal year 2013 or calendar year 2013.
Indian Tribal Governmental Plans, Tuesday, November 8, 2011, 76 FR 69188-01, (PDF), 2011 WL 5325448
Indian Tribal Governmental Plans; Correction, Thursday, December 8, 2011, 76 FR 76633-02, (PDF), 2011 WL 6075603
SUMMARY: The Treasury Department and IRS anticipate issuing regulations under section 414(d) of the Internal Revenue Code (Code) to define the term ?governmental plan.? This document describes the rules the Treasury Department and IRS are considering proposing relating to the determination of whether a plan of an Indian tribal government is a governmental plan within the meaning of section 414(d) and contains an appendix that includes a draft notice of proposed rulemaking on which the Treasury Department and IRS invite comments from the public. This document applies to sponsors of, and participants and beneficiaries in, employee benefit plans of Indian tribal governments.
Administration on Children, Youth and Families Announces the Award of Five Single-Source Expansion Supplement Grants To Support Expanded Technical Assistance Activities in the Field of Child Welfare, Monday, October 31, 2011, 76 FR 67192-03, (PDF), 2011 WL 5116818
SUMMARY: Notice announcing the award of five single-source expansion supplement grants to support expanded technical assistance activities that will address emerging issues, and technical assistance needs for States and Tribes as they seek to implement legislation and changing programs that support children and families in the child welfare system.
Request for Nominations of Members To Serve on the Bureau of Indian Education Advisory Board for Exceptional Children, Thursday, October 13, 2011, 76 FR 63654-02, (PDF), 2011 WL 4829053
SUMMARY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C., Appendix 2, and the Individuals with Disabilities Education Improvement Act (IDEA) of 2004, (20 U.S.C. 1400 et seq.) the Bureau of Indian Education requests nominations of individuals to serve on the Advisory Board for Exceptional Children (Advisory Board). There are seven positions available. 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 Advisory Board and membership criteria.
Notice of no action, Wednesday, October 12, 2011, 76 FR 63325-01, (PDF), 2011 WL 4801432
SUMMARY: On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of its regulations and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultations and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule setting out a consultation schedule and process for review. Based on the above review, the Commission notifies the public that it does not intend to take action at this time on certain other regulations identified in the Notice of Regulatory Review Schedule.
Issuance of Investigation Completion Letters, Wednesday, October 12, 2011 , 76 FR 63237-01, (PDF), 2011 WL 4801503
SUMMARY: This action proposes to amend our regulations to provide for an investigation completion letter to be issued to a Tribe if the Agency's authorized staff will not recommend the commencement of an enforcement proceeding against a respondent.
Review and Approval of Existing Ordinances or Resolutions Wednesday, October 12, 2011, 76 FR 63236-01, (PDF), 2011 WL 4801502
SUMMARY: On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of its regulations and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultations and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule setting out a consultation schedule and process for review. Based on the above review, the Commission proposes to rescind our regulations pertaining to the approval of existing ordinances and resolutions that were enacted by a Tribe prior to February 22, 1993 and that have not been submitted to the NIGC Chair, and to notify the public that it does not intend to take action at this time on certain other regulations identified in the Notice of Regulatory Review Schedule.
Michigan State Plan; Change in Level of Federal Enforcement: Indian Tribes, Wednesday, October 12, 2011, 76 FR 63190-01, (PDF), 2011 WL 4801486
SUMMARY: This document gives notice of OSHA's approval of a change to the state of Michigan's occupational safety and health state plan to exclude coverage of establishments on Indian reservations which are owned or operated by employers who are enrolled members of Indian tribes. Under the terms of a September 28, 2004 addendum to the September 24, 1973 Operational Status Agreement between OSHA and the Michigan Occupational Safety and Health Administration (MIOSHA), jurisdiction and enforcement have been relinquished back to federal OSHA for conducting safety and health inspections and interventions within the borders of all Indian reservations for employers who are "enrolled members of Indian reservations", i.e., members of Indian tribes. Non-member employers within the reservations and member employers located outside the territorial borders of Indian reservations remain under MIOSHA jurisdiction. Accordingly, OSHA amends its regulations to reflect this change in the level of federal enforcement.
Fees, Tuesday, October 11, 2011, 76 FR 62684-01, (PDF), 2011 WL 4738504
SUMMARY: The National Indian Gaming Commission (NIGC) proposes to amend its fee regulations by requiring tribes to submit their fees and fee statements on a quarterly basis, basing the fee calculation on the gaming operation's fiscal year, establishing an assessment for fees submitted one to 90 days late, and establishing a fingerprinting fee payment process.
Regional Tribal Consultation on Implementation of Indian Land Consolidation Program Under Cobell Settlement, Friday, September 30, 2011, 76 FR 60855-02, (PDF), 2011 WL 4498466
SUMMARY: The Office of the Secretary is announcing that it will conduct an additional tribal consultation meeting with Indian tribes in Rapid City, South Dakota, to obtain oral and written comments concerning the implementation of the Indian Land Consolidation Program (ILCP) under the terms of the Cobell Settlement. Six consultation meetings in other regional locations were announced by a previous notice in the Federal Register. This notice also announces an extension of the comment deadline. See the SUPPLEMENTARY INFORMATION section of this notice for details.
Toxics Release Inventory (TRI) Reporting for Facilities Located in Indian Country and Clarification of Additional Opportunities Available to Tribal Governments Under the TRI Program, Friday, September 30, 2011 , 76 FR 60781-01, (PDF), 2011 WL 4498562
SUMMARY: This action proposes to: require TRI reporting facilities located in Indian country to report to the appropriate Tribal government for the relevant area instead of the State; and improve and clarify certain opportunities allowing Tribal governments to participate more fully in the TRI Program. In 1990, EPA finalized regulations in the Federal Register (FR) requiring facilities in Indian country to submit annual TRI reports to EPA and the appropriate Tribal government. These amendments, however, were inadvertently omitted from the Code of Federal Regulations (CFR), and the relevant provisions were later overwritten by a subsequent final rule, thus resulting in the exclusion of the intended requirement from the CFR. EPA intends to correct that inadvertent result by proposing this rule. Further, because Tribal governmental structures may vary, EPA is proposing to update its terminology to refer to the principal elected official of the Tribe as the "Tribal chairperson or equivalent elected official." EPA is also amending its definition of "State" for purposes of 40 CFR part 372 to no longer include Indian country, so as to avoid any confusing overlap in terminology with the proposed express discussion of facilities in Indian country. With regard to the procedures for EPA to modify the list of covered chemicals and TRI reporting facilities, EPA proposes to clarify the opportunities available to Tribal governments.
Privacy Act of 1974, as Amended; Notice To Amend an Existing System of Records, Tuesday, September 27, 2011, 76 FR 59733-01, (PDF), 2011 WL 4441949
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of the Interior (DOI) is issuing a public notice of its intent to amend Bureau of Indian Affairs (BIA) Privacy Act system of records, "Tribal Rolls--Interior, BIA-7" to change the name of the system to the "Tribal Enrollment Reporting and Payment System, Interior/BIA-7," and update the categories of individuals and records in the system, the authorities, routine uses, and policies and practices for records storage and disposition. This system is used to assist the Bureau of Indian Affairs in collecting data and analyzing applications to determine an individual's eligibility to share in judgment fund distributions authorized by plans prepared pursuant to Federal legislation. It also assists BIA in calling and conducting Secretarial elections.
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2011-12 Late Season, Monday, September 26, 2011, 76 FR 59298-01, (PDF), 2011 WL 4433059
SUMMARY: This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule 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.
Rate Adjustments for Indian Irrigation Projects Tuesday, September 20, 2011, 76 FR 58293-01, (PDF), 2011 WL 4351255
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 request your comments on the proposed rate adjustments.
Regulatory Review Schedule Friday, September 16, 2011, 76 FR 57683-01, (PDF), 2011 WL 4100398
SUMMARY: The purpose of this document is to change the date and location for the Tribal consultation scheduled for November 14-15, 2011 at the Spa Resort Casino, Palms Springs, California to November 14, 2011 in Rapid City, South Dakota.
List of Programs Eligible for Inclusion in Fiscal Year 2012 Funding Agreements To Be Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs Thursday, September 15, 2011, 76 FR 57068-04, (PDF), 2011 WL 4072428
SUMMARY: This notice lists programs or portions of programs that are eligible for inclusion in Fiscal Year 2012 funding agreements with self-governance Indian tribes and lists programmatic targets for each of the non-Bureau of Indian Affairs (BIA) bureaus in the Department of the Interior, pursuant to the Tribal Self-Governance Act.
Renewal of the Native American Employment and Training Council (Council) Charter Wednesday, September 14, 2011, 76 FR 56815-01, (PDF), 2011 WL 4047071
SUMMARY: Notice is hereby given regarding the renewal of the Workforce Investment Act (WIA), Section 166 Indian and Native American program Charter that is necessary and in the public interest. Accordingly, the U.S. Department of Labor (the Department), the Employment and Training Administration (ETA) has renewed the Council Charter for two years commencing on August 31, 2011 through August 31, 2013. The Charter includes language regarding membership diversity and changes to the terms of members.
Workforce Investment Act; Native American Employment and Training Council Wednesday, September 14, 2011, 76 FR 56815-02, (PDF), 2011 WL 4047072
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 (Council), as constituted under WIA.
Privacy Act of 1974; as Amended; Notice To Amend an Existing System of Records Wednesday, September 14, 2011, 76 FR 56787-01, (PDF), 2011 WL 4047056
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of the Interior (DOI) is issuing a public notice of its intent to amend Bureau of Indian Affairs (BIA) Privacy Act system of records, "Indian Social Services Case Files--Interior, BIA-8" to change the name of the system to the "Financial Assistance and Social Services--Case Management System, Interior/BIA-8," and update the categories of individuals and records in the system, the authorities, routine uses, and policies and practices for records storage and disposition. This system is used to provide services to individual Indians who apply for and receive social services and direct assistance from the BIA.
Workshops To Discuss Revisions to Federal and Indian Coal Valuation Regulations: Advance Notice of Proposed Rulemaking Friday, September 9, 2011 , 76 FR 55837-01, (PDF), 2011 WL 3949142
SUMMARY: The Office of Natural Resources Revenue (ONRR) announces three public workshops to discuss specific issues regarding the existing royalty valuation regulations at 30 CFR parts 1202 and 1206 for coal produced from Federal and Indian leases.
Final policy issuance, Thursday, September 8, 2011 , 76 FR 55678-03, (PDF), 2011 WL 3917804
SUMMARY: This document contains the final Administration for Children and Families (ACF) Tribal Consultation Policy outlining the policy to engage in meaningful consultation with federally recognized tribes and the procedures and processes to be followed by tribes and the ACF bureaus and offices when the need for consultation is requested or required.
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2011-12 Early Season, Thursday, September 1, 2011 , 76 FR 54162-01, (PDF), 2011 WL 3840959
SUMMARY: This rule prescribes special early-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of tribal 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.
Notice of cancellation of consultation meeting, Thursday, September 1, 2011, 76 FR 54408-02, (PDF), 2011 WL 3840968
SUMMARY: The purpose of this document is to cancel ten tribal consultations scheduled during November 2011, December 2011, January 2012, and February 2012 and to modify the dates for six tribal consultations scheduled during September 2011, October 2011 and November 2011.
No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee--Notice of Meeting Wednesday, August 31, 2011 , 76 FR 54162-01, (PDF), 2011 WL 3809209
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 seventh and final meeting in Washington, DC. The purpose of the meeting is to finalize the language and appearance of a final report to Congress and the Secretary as required under the No Child Left Behind Act of 2001.
Minimum Internal Control Standards for Class II Gaming Tuesday, August 30, 2011 , 76 FR 53817-01, (PDF), 2011 WL 3799411
SUMMARY: The National Indian Gaming Commission ("NIGC") announces the delay of the effective date on the final rule for Minimum Internal Control Standards for Class II Gaming. The final rule was first published in the Federal Register on October 10, 2008. The Commission delayed the effective date for portions of the final rule on October 9, 2009, and September 10, 2010. With this document, the Commission further delays the effective date in order to allow the Commission time to convene a Tribal Advisory Committee (TAC), to receive and review input from the TAC, and to thoroughly review comments from the public on any potential amendments to the regulations.
Second Notice of Intent To Establish an Indian Oil Valuation Negotiated Rulemaking Committee Monday, August 22, 2011, 76 FR 52294-01, (PDF), 2011 WL 3648057
SUMMARY: On January 31, 2011, the Department published a notice of intent to establish an Indian Oil Valuation Negotiated Rulemaking Committee. In that notice, we asked interested parties to nominate representatives for membership on the Committee and addressed many of the requirements of Section 564 of the Negotiated Rulemaking Act. This notice identifies the persons proposed to serve on the Committee and addresses the rest of the requirements of Section 564 of the Negotiated Rulemaking Act.
Proclaiming Certain Lands, Forest Service Lands, as an Addition to the Bay Mills Indian Reservation for the Bay Mills Indian Community of Michigan Friday, August 19, 2011, 76 FR 52011-01, (PDF), 2011 WL 3624851
SUMMARY: This notice informs the public that the Assistant Secretary--Indian Affairs proclaimed approximately 842 acres, more or less, to be added to the Bay Mills Indian Reservation for the Bay Mills Indian Community of Michigan.
Tribal Consultation Meetings Tuesday, August 9, 2011, 76 FR 48865-02, (PDF), 2011 WL 3438992
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)].
Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2011-12 Season Monday, August 8, 2011, 76 FR 48694-01, (PDF), 2011 WL 3420585
SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2011-12 migratory bird hunting season. This proposed rule responds to Tribal requests for Service recognition of Tribal authority to regulate hunting under established guidelines. This proposed rule would allow the establishment of season bag limits and, thus, harvest, at levels compatible with populations and habitat conditions.
NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration (8/05/2011)
Indian Alcohol and Substance Abuse Memorandum of Agreement Between U.S. Department of Health and Human Services (DHHS), U.S. Department of the Interior (DOI), and U.S. Department of Justice (DOJ) Friday, August 5, 2011, 76 FR 47597-01, (PDF), 2011 WL 3347669
SUMMARY: This serves as notice that the Department of Health and Human Services (DHHS), the Department of the Interior (DOI), and the Department of Justice (DOJ), have entered into a Memorandum of Agreement (MOA), pursuant to the Indian Alcohol and Substance Abuse Treatment Act of 1986 (the Act), as amended by the Tribal Law and Order Act of 2010 (TLOA).
NOTICES DEPARTMENT OF AGRICULTURE Forest Service (8/05/2011)
Sacred Sites; Executive Order 13007 Friday, August 5, 2011, 76 FR 47538-01, (PDF), 2011 WL 3347572
SUMMARY: A draft report concerning U.S. Department of Agriculture (USDA) and U.S. Forest Service Native American Sacred Sites policies and procedures is available for review and comment at http:// www.fs.fed.us/spf/tribalrelations/sacredsites
NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (8/04/2011)
Redelegation of Authority to the Deputy Assistant Secretaries for Public and Indian Housing Thursday, August 4, 2011, 76 FR 47231-01, (PDF), 2011 WL 3322684
SUMMARY: Section 7(d) of the Department of Housing and Urban Development Act, as amended, authorizes the Secretary to delegate functions, powers, and duties as the Secretary deems necessary. By separate notice published in today's Federal Register, the Secretary delegates to the Assistant Secretary for Public and Indian Housing and the General Deputy Assistant Secretary for Public and Indian Housing authority for the administration of certain Public and Indian Housing (PIH) programs, and authorizes the Assistant Secretary to further redelegate such authority. In this consolidated redelegation of authority the Assistant Secretary for PIH redelegates to the PIH Deputy Assistant Secretaries authority for the administration of certain PIH programs.
NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (8/04/2011)
Redelegation of Authority to Regional Public Housing Directors Thursday, August 4, 2011, 76 FR 47229-01, (PDF), 2011 WL 3322683
SUMMARY: Section 7(d) of the Department of Housing and Urban Development Act, as amended, authorizes the Secretary to delegate functions, powers, and duties as the Secretary deems necessary. By separate notice published in today's Federal Register, the Secretary delegates to the Assistant Secretary for Public and Indian Housing and the General Deputy Assistant Secretary for Public and Indian Housing authority for the administration of certain Public and Indian Housing (PIH) programs, and authorizes the Assistant Secretary to further redelegate such authority. In this Redelegation of Authority for Public and Indian Housing (PIH), the Assistant Secretary for PIH redelegates authority through the PIH General Deputy Assistant Secretary to the Regional Public Housing Directors for the administration of certain PIH programs. This notice also supersedes all prior redelegations of authority to the Regional Public Housing Directors.
NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (8/04/2011)
Redelegation of Authority to Office of Native American Program (ONAP) Area Office Administrators and Office Directors Thursday, August 4, 2011, 76 FR 47228-01, (PDF), 2011 WL 3322682
SUMMARY: Section 7(d) of the Department of Housing and Urban Development Act, as amended, provides authority to the Secretary to delegate functions, powers, and duties as the Secretary deems necessary. By separate notice published in today's Federal Register, the Assistant Secretary for Public and Indian Housing delegates authority, through the General Deputy Assistant Secretary, to Deputy Assistant Secretary for the Office of Native American Programs to perform program administration, oversight and enforcement responsibilities for certain of HUD's programs directed to Native Americans, and authorizes the Deputy Assistant Secretary for the Office of Native American Programs to redelegate such authority. In this redelegation of authority, the Deputy Assistant Secretary for the Office of Native American Programs (ONAP) redelegates authority for the administration, oversight and enforcement of certain PIH programs.
NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (8/04/2011)
Order of Succession for the Office of Public and Indian Housing Thursday, August 4, 2011, 76 FR 47227-01, (PDF), 2011 WL 3322681
SUMMARY: In this notice, the Assistant Secretary for Public and Indian Housing designates the order of succession for the Office of Public and Indian Housing (PIH). This order of succession revokes and supersedes all prior orders of succession for PIH, including that published on October 18, 2006 (71 FR 61500).
NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (8/04/2011)
Delegation of Authority for the Office of Public and Indian Housing Thursday, August 4, 2011, 76 FR 47224-01, (PDF), 2011 WL 3322681
SUMMARY: Section 7(d) of the Department of Housing and Urban Development (HUD) Act, as amended, authorizes the Secretary to delegate functions, powers, and duties as the Secretary deems necessary. In this delegation of authority, the Secretary delegates authority to the Assistant Secretary and the General Deputy Assistant Secretary for the Office of Public and Indian Housing (PIH) and authorizes the Assistant Secretary and the General Deputy Assistant Secretary to redelegate authority for the administration of certain PIH programs. This delegation revokes and supersedes all prior delegations of authority, including the delegation published on August 4, 2004 (69 FR 47171).
PROPOSED RULES DEPARTMENT OF THE INTERIOR National Indian Gaming Commission 25 CFR Chapter III (8/04/2011)
Regulatory Review Schedule; Cancellation of Consultation Meetings Thursday, August 4, 2011, 76 FR 47089-01, (PDF), 2011 WL 3322773
SUMMARY: On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of its regulations and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultations and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule setting out a consultation schedule and process for review. The purpose of this document is to cancel four scheduled tribal consultations.
Calculation of Annual Federal Medical Assistance Percentages for Indian Tribes for Use in the Title IV-E Foster Care, Adoption Assistance, and Kinship Guardianship Assistance Programs Monday, August 1, 2011, 76 FR 45805-01, (PDF), 2011 WL 3235523
SUMMARY: This notice finalizes the methodology that will be used to calculate reimbursement rates applicable to fiscal years 2010 and beyond for assistance payments under the tribal Foster Care, Adoption Assistance and Guardianship Assistance Programs authorized by title IV-E of the Social Security Act. A Notice with Comment Period on this topic was previously published on October 8, 2010.
NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service (7/28/2011)
Office of Direct Service and Contracting Tribes Funding Opportunity Thursday, July 28, 2011, 76 FR 45272-01, (PDF), 2011 WL 3155000
SUMMARY: Funding Opportunity Description Statutory Authority: The Indian Health Service (IHS) is accepting applications for two limited competition cooperative agreements. The IHS award includes the following three components, as described in this announcement: "Retained Tribal Shares of Line Item 128 of the IHS Tribal Shares Table" (Tribal Shares), "Health Care Policy Analysis and Review" and "Tribal Leaders Diabetes Committee" (TLDC). The IHS award is authorized under the Snyder Act, codified at 25 U.S.C. 13. The CMS award, through IHS, includes the following component, as described in this announcement: "CMS". The CMS award is authorized under section 1110 of the Social Security Act, codified at 42 U.S.C. 1310, via an Intra-Departmental Delegation of Authority from CMS to IHS dated April 15, 2011 (IDDA-11-92), to permit obligation of funding for CMS for analyses, research and studies to address the potential and actual impact of CMS programs on American Indian/Alaska Native (AI/AN) beneficiaries and the health care system serving these beneficiaries.
RULES and REGULATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 15
Office of the Secretary
43 CFR Parts 4, 30
(7/28/2011)
Indian Trust Management Reform--Implementation of Statutory Changes Thursday, July 28, 2011, 76 FR 45198-01, (PDF), 2011 WL 3155133
SUMMARY: The Office of the Secretary of the Department of the Interior and Bureau of Indian Affairs (collectively, the Department) are confirming the interim final rule published and effective on February 10, 2011, to implement the latest statutory changes to the Indian Land Consolidation Act, as amended by the 2004 American Indian Probate Reform Act and later amendments (ILCA/AIPRA). The February 10, 2011, publication stated that the Department would review comments on the interim final rule and either confirm the rule or initiate a proposed rulemaking. The Department did not receive any adverse comments, and therefore confirms the rule without change.
Notice. July 25, 2011 , 76 FR 44369-01 , (PDF), 2011 WL 2960814
SUMMARY: The National Institute of Corrections (NIC) Jails Division is seeking applications for the provision of training and related assistance for Indian Country jails, including those operated by tribes and by the Bureau of Indian Affairs (BIA). The project will be for a three-year period and will be carried out in conjunction with the NIC Jails Division. The awardee will work closely with NIC staff on all aspects of the project. To be considered, the applicant team collectively must have, at a minimum, (1) In-depth knowledge of the purpose, functions, and operational complexities of jails, (2) experience in working with Indian Country jails, (3) in-depth knowledge of the key elements of jail administration, as taught in NIC's Jail Administration training program, (4) expertise and experience with jail standards and inspections, (5) expertise and experience in conducting jail staffing analyses, and (6) experience in conducting training programs based on adult learning principles, specifically the Instructional Theory Into Practice (ITIP) model. The applicant team must include a curriculum specialist with expertise and experience in ITIP. The curriculum specialist will have a significant role in developing, reviewing, and revising the curriculum for the Jail Administration training program, as specified under "Scope of Work."
Notice. July 25, 2011 , 76 FR 44394-02 , (PDF), 2011 WL 2960832
SUMMARY: This notice announces the availability of $15,075,000 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 2011 projects. This announcement is available on the FTA Web site at: http:// www.fta.dot.gov. FTA will announce final selections on the Web site and in the Federal Register. Additionally, a synopsis of the funding opportunity will be posted in the FIND module of the government-wide electronic grants Web site at http://www.grants.gov.
Notice. July 21, 2011 , 76 FR 43702-02, (PDF), 2011 WL 2881039
SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to submit the information collection titled "Probate of Indian Estates, Except for Members of the Osage Nation and the Five Civilized Tribes, 25 CFR 15" to the Office of Management and Budget (OMB) for renewal pursuant to the Paperwork Reduction Act. The information collection is currently authorized by OMB Control Number 1076-0169, which expires November 30, 2011. The information collection addresses information that individuals and tribes provide to allow administration of the trust estates of Indian individuals in accordance with the American Indian Probate Reform Act of 2004.
Notice. July 21, 2011, 76 FR 43702-01, (PDF), 2011 WL 2881038
SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to submit the information collection titled "Tribal Probate Codes, 25 CFR 18" to the Office of Management and Budget (OMB) for renewal pursuant to the Paperwork Reduction Act. The information collection is currently authorized by OMB Control Number 1076-0168, which expires November 30, 2011. The information collection requires Indian tribes to submit their tribal probate codes to the Secretary of the Interior for approval in accordance with the American Indian Probate Reform Act of 2004.
Notice. July 21, 2011, 76 FR 43688-01, (PDF), 2011 WL 2881022
SUMMARY: The Administration for Children and Families (ACF), Administration for Native Americans (ANA), announces the award of ten expansion supplement awards to Native American Tribes that are currently combating the epidemic of health issues in Native America. Expansion supplement funds will support activities associated with the First Lady's initiative, Let's Move! in Indian Country. Under the program, grantee Tribes have set forth goals and milestones that will benefit Native youth, children, and families.
Notice. July 19, 2011, 76 FR 42723-03, (PDF), 2011 WL 2783924
SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 27.66 acres of land, known as "OMDE Tulsa," into trust for the Osage Nation of Oklahoma on July 8, 2011.
Notice. July 19, 2011, 76 FR 43688-01, (PDF), 2011 WL 2881022
SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 15 acres of land, known as "OMDE Ponca City," into trust for the Osage Nation of Oklahoma on July 8, 2011.
Notice. July 19, 2011, 76 FR 42723-01, (PDF), 2011 WL 2783922
SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 7.5 acres of land, known as the Skiatook Parcel, into trust for the Osage Nation of Oklahoma on July 8, 2011.
Notice. July 19, 2011, 76 FR 42713-01, (PDF), 2011 WL 2783899
SUMMARY: The Department of Health and Human Services (HHS), Administration for Children and Families (ACF) will host a tribal consultation to solicit input on the agency's programs.
Solicitation of Proposals. July 13, 2011, 76 FR 41808-01, (PDF), 2011 WL 2689185
SUMMARY: The Secretary of the Interior (Secretary), through the Office of Indian Energy and Economic Development (IEED), is soliciting grant proposals from Federally-recognized Indian tribes for projects to build tribal capacity for energy resource development under the Department of the Interior's (DOI) Tribal Energy Development Capacity (TEDC) grant program. Under the Energy Policy Act of 2005, 25 U.S.C. 3502 (Act), Congress appropriates funds on a year-to-year basis to DOI for grants of funds to Indian tribes for use in assessing, developing, and sustaining the managerial and technical capacity needed to develop energy resources on Indian land and properly accounting for resulting energy resource production and revenues. We will use a competitive evaluation process based on criteria stated in the SUPPLEMENTARY INFORMATION section of this notice to select projects for funding awards.
Notice. July 13, 2011, 76 FR 41808-01, (PDF), 2011 WL 2689184
SUMMARY: The Office of Indian Energy and Economic Development (IEED), through its Native American Business Development Institute (NABDI), is soliciting proposals from federally recognized American Indian tribes for technical assistance funding to hire consultants to perform feasibility studies of economic development opportunities or long-term, strategic, reservation-wide economic development plans. These feasibility studies will empower American Indian tribes and tribal businesses to make informed decisions regarding their economic futures. Feasibility studies may concern the viability of an economic development project or business or the practicality of a technology a tribe may choose to pursue. The IEED will use a competitive evaluation process to select several proposed projects to receive an award.
Notice of meeting. July 15, 2011, 76 FR 41808-01, (PDF), 2011 WL 2727935
SUMMARY: The Office of the Secretary is announcing that it will conduct a series of regional consultation meetings with Indian tribes to obtain oral and written comments concerning the implementation of the Indian Land Consolidation Program (ILCP) under the terms of the Cobell Settlement. The initial regional consultation meeting in Billings, Montana, was announced by a previous notice in the Federal Register. This notice announces five additional regional consultation meetings. See the SUPPLEMENTARY INFORMATION section of this notice for details.
Notice of meeting. July 12, 2011, 76 FR 40929-01, (PDF), 2011 WL 2678645
SUMMARY: The Bureau of Indian Education (BIE) is announcing that the Advisory Board for Exceptional Children (Advisory Board) will hold its next meeting in Tampa, Florida. The BIE Advisory Board will hold its meeting in conjunction with the BIE Special Education Academy. 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.
Notice of Availability, request for comment. July 11, 2011, 76 FR 40645-01, (PDF), 2011 WL 2663126
SUMMARY: The Department of the Interior (DOI) is requesting public comment on its plan to review its significant regulations in response to the President's Executive Order 13563 on Improving Regulation and Regulatory Review. DOI will consider public comments in preparing the final plan for retrospective regulatory review. The purpose of this plan is to help DOI manage the Nation's public lands and national treasures, honor our tribal trust obligations, protect the environment and endangered species, distribute and monitor water resources, and help America become energy independent in ways that are more effective and less burdensome.
Notice and request for nominations.. July 8, 2011, 76 FR 40388-01, (PDF), 2011 WL 2648181
SUMMARY: The Department of the Interior is announcing the establishment of the Commission on Indian Trust Administration and Reform (Commission). The purpose of the Commission is to provide advice and recommendations to the Secretary of the Interior (Secretary) regarding trust management. This includes a thorough evaluation of the existing management and administration of the trust administration system to support a reasoned and factually based set of options for potential management improvements. This further includes a review of the manner in which the Department audits the management of the trust administration system, including the possible need for audits of management of trust assets. The Department of the Interior is seeking nominations for individuals to be considered as Commission members. Nominations should describe and document the proposed member's qualifications for membership to the Commission, and include a resume listing their name, title, address, telephone, e-mail, and fax number.The Department of the Interior (DOI) is requesting public comment on its plan to review its significant regulations in response to the President's Executive Order 13563 on Improving Regulation and Regulatory Review. DOI will consider public comments in preparing the final plan for retrospective regulatory review. The purpose of this plan is to help DOI manage the Nation's public lands and national treasures, honor our tribal trust obligations, protect the environment and endangered species, distribute and monitor water resources, and help America become energy independent in ways that are more effective and less burdensome.
Native American Graves Protection and Repatriation Act Regulations-- Definition of "Indian Tribe". July 5, 2011, 76 FR 39007-01, (PDF), 2011 WL 2606897
SUMMARY: This amendment to the Department's regulations implementing the Native American Graves Protection and Repatriation Act (NAGPRA) removes the definition of "Indian tribe," because it is inconsistent with the statutory definition of that term.
Update to Indian Index Zone Price Points. June 28, 2011, 76 FR 37828-01 , (PDF), 2011 WL 2530752
SUMMARY: The Office of Natural Resources Revenue (ONRR, formerly Minerals Management Service's (MMS) Minerals Revenue Management) is announcing an update to Indian index zone price points that will remove certain natural gas index prices from the Indian Index Zone calculation. These changes will impact Oklahoma-Zone 1, Oklahoma-Zone 2, and the Central Rocky Mountain Zone. The ONRR State and Indian Outreach Program held three Indian Tribal Consultation meetings seeking input and comments on several changes that could affect the valuation of mineral production on Indian lands, including this Federal Register Notice. The meetings took place in Albuquerque, NM on May 19; Denver, CO on May 26; and Oklahoma City, OK on June 9, 2011. The ONRR did not receive any negative comments from the various Indian Tribes on this Federal Register Notice.
Endangered and Threatened Species; Take of Anadromous Fish. June 20, 2011, 76 FR 35842-02 , (PDF), 2011 WL 2435549
SUMMARY: NMFS has evaluated the joint resource management plan (RMP) for harvest of Puget Sound Chinook salmon provided by the Puget Sound Treaty Tribes and the Washington Department of Fish and Wildlife (WDFW) pursuant to the protective regulations promulgated for Puget Sound Chinook salmon under Limit 6 of the Endangered Species Act (ESA) for salmon and steelhead. The RMP specifies the future management of commercial, recreational, subsistence and Tribal salmon fisheries potentially affecting listed Puget Sound Chinook salmon from May 1, 2011, through April 30, 2014. This document serves to notify the public that NMFS, by delegated authority from the Secretary of Commerce, has determined pursuant to the Tribal rule and the government-to-government processes therein that implementing and enforcing the RMP from May 1, 2011, through April 30, 2014, will not appreciably reduce the likelihood of survival and recovery of the Puget Sound Chinook salmon Evolutionarily Significant Unit (ESU).
Epidemiology Program for American Indian/Alaska Native Tribes and Urban Indian Communities; Correction. June 16, 2011, 76 FR 35221-01 , (PDF), 2011 WL 2355584
SUMMARY: The Indian Health Service published a document in the Federal Register on
June 8, 2011, concerning competitive cooperative agreement applications to
establish Tribal Epidemiology Centers serving American Indian/Alaska Native Tribes
and urban Indian communities. The document contained one incorrect date.
Tribal Consultation on Implementation of Indian Land Consolidation Program Under Cobell Settlement. June 15, 2011, 76 FR 35009-01, (PDF), 2011 WL 2324390
SUMMARY: The Office of the Secretary is announcing that it will conduct a series of consultation meetings with Indian Tribes to obtain oral and written comments concerning the implementation of the Indian Land Consolidation Program (ILCP) under the terms of the Cobell Settlement. The first Regional consultation meeting will take place in July in Billings, Montana for the Rocky Mountain and Great Plains Regions. There will be five additional consultations in other Regions. See the SUPPLEMENTARY INFORMATION section of this notice for details.
8(a) Business Development Program Regulation Changes; Tribal Consultation. June 10, 2011, 76 FR 33980-01, (PDF), 2011 WL 2261452
SUMMARY: The Small Business Administration (SBA) published a document in the Federal Register on Friday, May 13, 2011, concerning 8(a) Business Development Program Regulation Changes; Tribal Consultation. SBA announced holding tribal consultation meetings to discuss the recent changes to the 8(a) BD program regulations, specifically to take comments on the mandatory reporting of community benefits provision scheduled to take effect on September 9, 2011.
Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Pascua Yaqui Tribe as an Acceptable Document To Denote Identity and Citizenship. June 9, 2011, 76 FR 33776-01, (PDF), 2011 WL 2215082
SUMMARY: This notice announces that the Commissioner of U.S. Customs and Border Protection is designating an approved Native American Tribal Card issued by the Pascua Yaqui Tribe to U.S. citizens as an acceptable travel document for purposes of the Western Hemisphere Travel Initiative. The approved card may be used to denote identity and U.S. citizenship of Pascua Yaqui members entering the United States from contiguous territory or adjacent islands at land and sea ports of entry.
National Advisory Council on Indian Education (NACIE). June 9, 2011, 76 FR 33745-01, (PDF), 2011 WL 2215044
SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming closed meeting of the National Advisory Council on Indian Education (the Council) and is intended to notify the general public of the meeting. 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.
Epidemiology Program for American Indian/Alaska Native Tribes and Urban Indian Communities. June 8, 2011, 76 FR 33314-01, (PDF), 2011 WL 2194501
SUMMARY: Summary not available.
Regulatory Review Schedule. June 8, 2011, 76 FR 33181-01, (PDF), 2011 WL 2194607
SUMMARY: On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of all its regulations and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultation meetings and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule setting out detailed consultation schedules and review processes. NIGC divided the regulations to be reviewed into five groups, and each group will be reviewed in three phases, the Drafting Phase, the Notice of Proposed Rulemaking phase, and the Notice of Final Rule Phase.
Tribal Consultation on No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee--Draft Report. June 8, 2011, 76 FR 33180-01, (PDF), 2011 WL 2194606
SUMMARY: The Bureau of Indian Affairs is announcing that it will conduct five consultation meetings with Indian tribes to obtain oral and written comments concerning a draft report to provide Congress and the Secretary of the Interior comprehensive information about the conditions and funding needs for facilities at Bureau-funded schools, as required by the No Child Left Behind Act of 2001. See the SUPPLEMENTARY INFORMATION section of this notice for details.
Federal and Indian Coal Valuation. May 27, 2011, 76 FR 30881-01, (PDF), 2011 WL 2065312
SUMMARY: The Office of Natural Resources Revenue (ONRR) requests comments and suggestions from affected parties and the interested public before proposing changes to the existing regulations governing the valuation of coal produced from Federal and Indian leases, for royalty purposes. The existing Federal and Indian coal valuation regulations have been in effect since March 1, 1989, with minor subsequent amendments relating primarily to the Federal Black Lung Excise Taxes, abandoned mine lands (AML) fees, state and local severance taxes, and washing and transportation allowances provisions. These existing coal valuation regulations also have not kept pace with significant changes that have occurred in the domestic coal market during the last 20-plus years. This notice is intended to solicit comments and suggestions on possible new methodologies to establish the royalty value of coal produced from Federal and Indian leases. The ONRR also plans to hold public workshops to discuss changes to the coal valuation regulations after the written comment period closes, and ONRR has had a reasonable time to review and analyze the comments. The ONRR will announce any public workshops in a future Federal Register notice.
Indian Child Welfare Act; Designated Tribal Agents for Service of Notice. May 25, 2011, 76 FR 29675-01, (PDF), 2011 WL 2011244
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.
National Fish, Wildlife, and Plants Climate Adaptation Strategy; Notice of Intent: Request for Information and Comments. May 24, 2011, 76 FR 30193-01, (PDF), 2011 WL 1988271
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), along with the National Oceanic and Atmospheric Administration (NOAA, Department of Commerce) and other Federal, State, and tribal partners, announce that we are seeking public comments and information necessary to prepare a draft National Fish, Wildlife, and Plants Climate Adaptation Strategy (Strategy). The Strategy will provide a unified approach--reflecting shared principles and science-based practices--for reducing the negative impacts of climate change on fish, wildlife, plants, habitats, and our natural resource heritage. It will serve as a valuable tool for Federal and State agencies, wildlife managers, tribes, and private landowners as they continue to manage their lands and natural resources in a changing environment.
Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country. May 23, 2011, 76 FR 29675-01, (PDF), 2011 WL 1933728
SUMMARY: This rule proposes to establish the procedures for an Indian tribe whose Indian country is subject to State criminal jurisdiction under Public Law 280 (18 U.S.C. 1162(a)) to request that the United States accept concurrent criminal jurisdiction within the tribe's Indian country, and for the Attorney General to decide whether to consent to such a request.
Funding Down Slate; Demonstration Grants for Indian Children Program. May 20, 2011, 76 FR 29228-01, (PDF), 2011 WL 1898967
SUMMARY: The Secretary intends to use the existing slate of applications from the FY 2010 competition for the Demonstration Grants for Indian Children program authorized by 20 U.S.C. 7441 to make new grant awards in FY 2011. The Secretary takes this action because there are a significant number of unfunded, high-quality applications on the FY 2010 slate and there are very limited funds available for new awards in FY 2011. We expect to use an estimated $1,030,815 for new awards in FY 2011. The actual level of funding depends on the amount of FY 2011 program funds that are available after the Department makes continuation awards.
Tribal Veterans Cemetery Grants. May 19, 2011, 76 FR 28925-01, (PDF), 2011 WL 1883965
SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend its regulations governing Federal grants for the establishment, expansion, and improvement of veterans cemeteries. We propose to implement through regulation new statutory authority to provide grants for the establishment, expansion, and improvement of Tribal Organization veterans cemeteries, as authorized by Section 403 of the "Veterans Benefits, Health Care, and Information Technology Act of 2006" (the Act). The Act requires VA to administer grants to Tribal Organizations in the same manner and under the same conditions as grants to States. The proposed rule would make non-substantive changes to the part heading of part 39 and the name of the State Cemetery Grants Service to more accurately reflect that VA awards veteran cemetery grants to States and Tribal Organizations. The proposed rule would establish criteria to guide VA's decisions on granting Tribal Organization requests to obtain grants for establishing, expanding, and improving veterans cemeteries that are or will be owned and operated by a Tribal Organization. The proposed rule would also expand VA's preapplication requirement to all veterans cemetery grants as a means to promote consistency and communication in the grant application process. Further, the proposed rule would revise VA regulations to address structural differences between Tribal Organizations and States.
Federal Plan for Certification of Applicators of Restricted Use Pesticides Within Indian Country; Notice of Availability, May 18, 2011, 76 FR 28772-01, (PDF), 2011 WL 1870795
SUMMARY: EPA is announcing its intention to implement a Federal program to certify applicators of restricted use pesticides in Indian country. The program will be administered by EPA. EPA is soliciting comments on EPA's intent to implement a Federal certification program in Indian country where no other EPA-approved or EPA-implemented plan applies and on its Proposed Federal Plan for Certification of Applicators of Restricted Use Pesticides within Indian Country (Plan). A separate proposal and public comment period for a Federal certification plan to address use of restricted use pesticides in Region 8 Indian country was recently published in the Federal Register on April 20, 2011.
Policy on Consultation With Indian Tribes, May 17, 2011, 76 FR 28446-01, (PDF), 2011 WL 1841633
SUMMARY: The Department of the Interior seeks comments on a proposed policy on consultation with Indian tribes. This policy would establish standards for improved consultation with Indian Tribes to the extent that a conflict does not exist with laws or regulations. It would apply to any Department action that affects Indian tribes and would require that the Department's government-to-government consultation involve appropriate Tribal and Departmental officials.
8(a) Business Development Program Regulation Changes; Tribal Consultation, May 13, 2011, 76 FR 27859-01, (PDF), 2011 WL 1807593
SUMMARY: On February 11, 2011, the U.S. Small Business Administration (SBA or Agency) published a final rule in the Federal Register making changes to the regulations governing the section 8(a) Business Development (BD) program. SBA announces that it is holding tribal consultation meetings in Milwaukee, Wisconsin and Anchorage, Alaska to discuss the recent changes to the 8(a) BD program regulations, specifically to take comments on the mandatory reporting of community benefits provision scheduled to take effect on September 9, 2011, unless SBA further delays implementation through publication in the Federal Register. Testimony presented at these tribal consultation meetings will become part of the administrative record for SBA's consideration when the Agency deliberates on approaches to tracking community benefits.
Regulatory Review Schedule, May 10, 2011, 76 FR 26967-01, (PDF), 2011 WL 1750665
SUMMARY: On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of its regulations and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultation meetings and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule setting out detailed consultation schedules and review processes. NIGC divided the regulations to be reviewed into five groups, and each group will be reviewed in three phases, the Drafting Phase, the Notice of Proposed Rulemaking phase, and the Notice of Final Rule Phase. The purpose of this document is to establish a May 31, 2011, deadline for submittal of written comments on the preliminary draft of the fee regulation and to inform the public that the Commission will provide at least 30 days for written comments on any preliminary drafts circulated by the Commission during the Drafting Phase of the Regulatory Review.
Rate Adjustments for Indian Irrigation Projects, May 9, 2011, 76 FR 26759-01, (PDF), 2011 WL 1740478
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.
Grant Program To Assess, Evaluate and Promote Development of Tribal Energy and Mineral Resources, May 9, 2011, 76 FR 26753-01, (PDF), 2011 WL 1740477
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.
Clarifications to Indian Tribes' Clean Air Act Regulatory Requirements; Direct Final Amendments, April 29, 2011, 76 FR 23876-02, (PDF), 2011 WL 1595580
SUMMARY: The EPA is taking direct final action to amend certain Clean Air Act regulations pertaining to Indian tribes. This action changes the title of the regulations titled, "Tribal Clean Air Act Authority" to the more accurate "Indian Country: Air Quality Planning and Management." The action also reorganizes existing sections for better placement within the regulations.
Final Determination Against Federal Acknowledgment of the Choctaw Nation of Florida, April 27, 2011, 76 FR 23621-02, (PDF), 2011 WL 1559904
SUMMARY: Notice is hereby given that the Department of the Interior (Department) declines to acknowledge that the group known as the "Choctaw Nation of Florida" (CNF, formerly known as the Hunter Tsalagi-Choctaw Tribe), Petitioner #288, c/o Mr. Alfonso James, Jr., Post Office Box 6322, Marianna, Florida 32447, is an American Indian group that exists as an Indian tribe under Department procedures. This notice is based on a determination that the petitioner does not meet one of the seven mandatory criteria set forth in 25 CFR 83.7, specifically criterion 83.7(e), descent from a historical Indian tribe, and therefore, the Department may not acknowledge the petitioner under 25 CFR part 83. Based on the limited nature and extent of comment and consistent with previous practices, the Department did not produce a detailed report or other summary under the criteria pertaining to this FD. This notice is the Final Determination (FD).
Credit for Renewable Electricity Production, Refined Coal Production, and Indian Coal Production, and Publication of Inflation Adjustment Factors and Reference Prices for Calendar Year 2011, April 19, 2011, 76 FR 21947-01, (PDF), 2011 WL 1465024
SUMMARY: The 2011 inflation adjustment factors and reference prices are used in determining the availability of the credit for renewable electricity production, refined coal production, and Indian coal production under section 45.
Tribal Consultation Meetings , April 13, 2011, 76 FR 20674-01, (PDF), 2011 WL 1374141
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)].
No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee , April 12, 2011, 76 FR 20287-01, (PDF), 2011 WL 1359405
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 sixth meeting in Albuquerque, New Mexico. 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.
Migratory Bird Hunting; Proposed 2011-12 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2013 Spring and Summer Migratory Bird Subsistence Harvest Proposals in Alaska, April 8, 2011, 76 FR 19876-01, (PDF), 2011 WL 1322890
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 2011-12 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 2011-12 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 2013 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.
Food Distribution Program on Indian Reservations: Amendments Related to the Food, Conservation, and Energy Act of 2008, April 6, 2011, 76 FR 18861-01, (PDF), 2011 WL 1257826
SUMMARY: This rule amends Food Distribution Program on Indian Reservations (FDPIR) regulations to conform FDPIR policy to the requirements included in the Food, Conservation, and Energy Act of 2008 (the Farm Bill) for the Supplemental Nutrition Assistance Program (SNAP). The provisions of this rulemaking are intended to improve program service to applicants and participants and promote consistency in the eligibility determination processes of FDPIR and SNAP. Specifically, this rule permanently excludes combat pay from being considered as income and eliminates the maximum dollar limit of the dependent care deduction. The rule also excludes from resource consideration household funds held in qualified education savings accounts identified in the Farm Bill and excludes any other education savings accounts for which an exclusion is allowed under SNAP. This rule also clarifies that the current resource exclusion for retirement accounts is restricted to the qualified retirement accounts identified in the Farm Bill, and that a resource exclusion will be allowed for any other retirement account for which an exclusion is allowed under SNAP. Finally, the rule clarifies that the FDPIR regulations regarding income eligibility refer to the SNAP net monthly income standard, not the SNAP gross monthly income standard.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011 Tribal Fishery for Pacific Whiting, April 5, 2011, 76 FR 18709-01, (PDF), 2011 WL 1231300
SUMMARY: NMFS is issuing this proposed rule for the 2011 Pacific whiting tribal fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan (FMP) and the Magnuson Stevens Fishery Conservation and Management Act (Magnuson Act). Washington coastal treaty Indian tribes mean the Hoh, Makah, and Quileute Indian Tribes and the Quinault Indian Nation. This proposed rule establishes an interim tribal allocation of Pacific whiting for the 2011 season only, based on discussions with the Makah and Quileute tribes and Quinault Indian Nation regarding their fishing plans. At the March, 2011 Pacific Fishery Management Council (Council) meeting, the Council recommended a coastwide Optimum Yield (OY) of 393,751 mt. This would result in a U.S. OY of 290,903 mt. The proposed rule, based on communications to date with the tribes, proposes a tribal allocation of 66,908 mt, for 2011 only, given the Council's recommended OY.
Regulatory Review Schedule; Tribal Consultation, April 4, 2011, 76 FR 18457-01, (PDF), 2011 WL 1212009
SUMMARY: On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of all regulations promulgated to implement the Indian Gaming Regulatory Act (IGRA). The review identified in the Notice of Inquiry and Notice of Consultation was also prepared in order to submit the NIGC's Semi-Annual Regulatory Review to the Federal Register in April 2011 as set forth in Executive Order 12866 entitled "Regulatory Planning and Review" and the Regulatory Flexibility Act, 5 U.S.C. 601 et. seq. The NIGC held eight consultations during January and February 2011 and invited written comments to be submitted by February 12, 2011. Comments received and transcripts of the consultations are available on the NIGC Web site. The NIGC reviewed all comments received and created this comprehensive regulatory review agenda schedule based on the input received.
National Advisory Council on Indian Education (NACIE), April 4, 2011, 76 FR 18539-01, (PDF), 2011 WL 1211889
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 the meeting. 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.
Draft Tribal Consultation Policy, April 4, 2011, 76 FR 18583-02, (PDF), 2011 WL 1211948
SUMMARY: Pursuant to Executive Order 13175, the Director, National Drug Control Policy, is establishing a policy governing how the Office of National Drug Control Policy, Executive Office of the President [ONDCP] will consult with American Indian and Alaska Native Tribes, tribal organizations and urban Indian organizations regarding Federal policies that directly affect Indian Country and urban Indian communities.
Request for Public Comment on Proposed Funding Opportunity Announcement for Special Initiative Concerning the Assets for Independence Program, April 1, 2011, 76 FR 18225-01, (PDF), 2011 WL 1193276
SUMMARY: In FY 2011, the Office of Community Services (OCS) will coordinate with the Administration on Native Americans (ANA) to implement the Native Asset Building Initiative, through which the two offices will support Tribes and Native organizations in planning and implementing comprehensive asset-building projects. The initiative will feature special grants through the Assets for Independence (AFI) program. These grants will be in addition to the annual AFI grants that OCS will award in FY 2011. In contrast to the annual awards, though, the eligibility criteria to be listed for these AFI grants in the "Native Asset Building Initiative" will vary from the annual AFI awards' eligibility criteria. This is because the criteria used to determine eligibility for these special initiative awards will be more consistent with those used to determine eligibility in the ANA grant program with which OCS is coordinating. Consequently, the eligibility for the special AFI grants will be limited to Native 501(c)(3) non-profits serving Native Americans; Federally recognized Tribal governments or Alaska Native Villages, as defined in the Alaska Native Claims Settlement Act, that are joint applicants with a 501(c)(3).
Approval and Promulgation of Gila River Indian Community's Tribal Implementation Plan, March 28, 2011, 76 FR 17028-01, (PDF), 2011 WL 1100428
SUMMARY: EPA is approving a Tribal implementation plan (TIP) submitted by the Gila River Indian Community (GRIC or Tribe) on February 21, 2007, as supplemented and amended on July 11, 2007, June 22, 2009, and July 17, 2010, and as described in our August 12, 2010 proposal. The TIP includes general and emergency authorities, ambient air quality standards, permitting requirements for minor sources of air pollution, enforcement authorities, procedures for administrative appeals and judicial review in Tribal court, requirements for area sources of fugitive dust and fugitive particulate matter, general prohibitory rules, and source category-specific emission limitations and standards. These provisions establish a base TIP that is suitable for the GRIC's reservation and regulatory capacities and that meets all applicable minimum requirements of the Clean Air Act (CAA or Act) and EPA regulations. The effect of this action is to make the approved portions of the GRIC TIP federally enforceable under the CAA and to further protect air quality within the exterior boundaries of the GRIC reservation.
Memorandum of Agreement Between the Indian Health Service and the Department of Interior; Bureau of Indian Affairs and Bureau of Indian Education, March 23, 2011, 76 FR 16427-02, (PDF), 2011 WL 997694
SUMMARY: The Indian Health Service (IHS) is providing notice of a Memorandum of Agreement (MOA) between the IHS and the Department of the Interior (DOI), signed in 2009, and has developed an amendment to that MOA that includes language consistent with Section 703 of the Indian Health Care Improvement Act (IHCIA), Public Law 94-437, as amended. The purpose of the MOA and the amendment is to advance our partnership with Tribes and Federal stakeholders on alcohol and substance abuse prevention and treatment. The Patient Protection and Affordable Care Act's, Public Law 111-148, permanent authorization of the Indian Health Care Improvement Act (IHCIA) establishes timelines and requirements for coordinated actions by the Department of Interior (DOI), the Department of Health and Human Services (HHS), Tribes and Tribal organizations. Specifically, Section 703 of the IHCIA provides new authorities that permit the DOI and HHS, acting through the Indian Health Service (IHS), to develop and enter into a Memorandum of Agreement (MOA), or review and update any existing memoranda of agreement, as required by Section 4205 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.2411).
Final Determination Against Acknowledgment of the Juaneo Band of Mission Indians, Acjachemen Nation, March 21, 2011, 76 FR 15337-01, (PDF), 2011 WL 938614
SUMMARY: The Department of the Interior (Department) gives notice that the Assistant Secretary-Indian Affairs (AS-IA) has determined the petitioner known as the Juaneno Band of Mission Indians, Acjachemen Nation, 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 the applicable regulations, and therefore, does not meet the requirements for a government-to-government relationship with the United States.
Final Determination Against Acknowledgment of the Juaneo Band of Mission Indians, March 21, 2011, 76 FR 15335-01, (PDF), 2011 WL 938612
SUMMARY: The Department of the Interior (Department) gives notice that the Assistant Secretary-Indian Affairs (AS-IA) has determined the petitioner known as the Juaneno Band of Mission Indians 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 25 CFR 83.7, and therefore, does not meet the requirements for a government-to-government relationship with the United States.
Policies To Promote Rural Radio Service and To Streamline Allotment and Assignment Procedures, March 16, 2011, 76 FR 14362-01, (PDF), 2011 WL 884874
SUMMARY: In this document, the Commission adopted a Second Further Notice of Proposed Rulemaking (SFNPRM), in which it announced that it wished to develop a more comprehensive record regarding measures to assist Federally recognized Native American Tribes and Alaska Native Villages (Tribes) in obtaining commercial FM radio station authorizations. Specifically, the Commission sought comment on the use of threshold qualifications for Tribes applying for commercial FM radio channel allotments that were added to the Table of Allotments using the Tribal Priority adopted by the Commission in the First Report and Order (First R&O) in this proceeding. The Commission also sought further comment on whether a Tribal Bidding Credit would accomplish the goal of increasing Tribal ownership of commercial stations broadcasting to Tribal Lands, and sought comment on the financial and other barriers facing Tribes wishing to enter the commercial broadcast arena.
Clean Air Act Proposed Interim Approval of Title V Operating Permits Program; Southern Ute Indian Tribe, March 9, 2011, 76 FR 12926-01, (PDF), 2011 WL 795726
SUMMARY: The EPA proposes interim approval of the Title V Operating Permits Program submitted by the Southern Ute Indian Tribe. The Tribe's Title V Operating Permit Program was submitted for the purpose of administering a tribal program for issuing operating permits to all major stationary sources, and certain other sources on the Southern Ute Indian Reservation.
Tribal Consultation Meetings, March 9, 2011, 76 FR 12967-01, (PDF), 2011 WL 795614
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, OHS 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)].
Related News Stories: Tribal consultation to support Indian education (Indian Country Today) 03/07/11
8(a) Business Development Program Regulation Changes; Tribal Consultation, March 7, 2011, 76 FR 12273-01, (PDF), 2011 WL 766493
SUMMARY: The U.S. Small Business Administration (SBA or Agency) announces that it is holding a tribal consultation meeting in Las Vegas, Nevada to discuss the recent changes to the 8(a) Business Development (BD) program regulations and take general comments on 8(a) BD program provisions. Additionally, SBA will take comments on the mandatory reporting of community benefits of provision 13 CFR 124.604. 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 tracking community benefits.
Fiscal Year 2010 Public Transportation on Indian Reservations Program Project Selections, March 2, 2011, 76 FR 11554-01, (PDF), 2011 WL 704145
SUMMARY: The Federal Transit Administration (FTA) announces the selection of projects to be funded using Fiscal Year (FY) 2010 appropriations for the Tribal Transit Program, a program authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Section 3013(c).
Proclaiming Certain Lands, Reykers Acquisition, as an Addition to the Bay Mills Indian Reservation for the Bay Mills Indian Community of Michigan, February 18, 2011, 76 FR 9593-02, (PDF), 2011 WL 551298
SUMMARY: This notice informs the public that the Assistant Secretary--Indian Affairs proclaimed approximately 25 acres, more or less, to be added to the Bay Mills Indian Reservation for the Bay Mills Indian Community of Michigan.
Indian Health Professions Preparatory, Indian Health Professions Pre-Graduate and Indian Health Professions Scholarship Programs, February 15, 2011, 76 FR 8743-02, (PDF), 2011 WL 496859
SUMMARY: The Indian Health Service (IHS) is committed to encouraging American Indians and Alaska Natives to enter the health professions and to assuring the availability of Indian health professionals to service Indians. The IHS is committed to the recruitment of students for the following programs: * The Indian Health Professions Preparatory Scholarship authorized by section 103 of the Indian Health Care Improvement Act (IHCIA), Public Law 94-437 (1976). * The Indian Health Professions Pre-graduate Scholarship authorized by section 103 of the IHCIA, Public Law 94-437 (1976).
Loan Repayment Program for Repayment of Health Professions Educational Loans, February 15, 2011, 76 FR 8748-01, (PDF), 2011 WL 496861
SUMMARY: The Indian Health Service (IHS) estimated budget request for Fiscal Year (FY) 2011 includes $17,488,854 for the IHS Loan Repayment Program (LRP) for health professional educational loans (undergraduate and graduate) in return for full-time clinical service in Indian health programs. This program announcement is subject to the appropriation of funds. This notice is being published early to coincide with the recruitment activity of the IHS, which competes with other Government and private health management organizations to employ qualified health professionals. This program is authorized by Section 108 of the Indian Health Care Improvement Act (IHCIA), Public Law 94-437. The IHS invites potential applicants to request an application for participation in the LRP.
Workforce Investment Act; Native American Employment and Training Council, February 14, 2011, 76 FR 8380-02, (PDF), 2011 WL 486406
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 (Council), as constituted under WIA.
Notice National Indian Gaming Commission, February 11, 2011, 76 FR 7879-01, (PDF), 2011 WL 467011
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 0.074% (.00074) for tier 2 for calendar year 2011. 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 2011 shall be one-half of the annual fee rate, which is 0.037% (.00037).
Indian Trust Management Reform--Implementation of Statutory Changes, February 10, 2011, 76 FR 7500-01, (PDF), 2011 WL 443763
SUMMARY: This interim final rule implements the latest statutory changes to the Indian Land Consolidation Act, as amended by the 2004 American Indian Probate Reform Act and later amendments (ILCA/AIPRA). These changes primarily affect the probate of permanent improvements owned by a decedent that are attached to trust or restricted property owned by the decedent. These changes also affect the purchase of small fractional interests at probate by restricting who may purchase without consent and what interests may be purchased without consent.
Notice of Deadline for Submitting Completed Applications To Begin Participation in the Tribal Self-Governance Program in Fiscal Year 2012 or Calendar Year 2012, January 31, 2011, 76 FR 5395-02, (PDF), 2011 WL 284708
SUMMARY: In this notice, the Office of Self-Governance (OSG) establishes a March 1, 2011, deadline for Indian tribes/consortia to submit completed applications to begin participation in the tribal self-governance program in fiscal year 2012 or calendar year 2012.
Notice of Intent To Establish an Indian Oil Valuation Negotiated Rulemaking Committee, January 31, 2011, 76 FR 5317-01, (PDF), 2011 WL 284908
SUMMARY: The Office of Natural Resources Revenue (ONRR) is announcing its intent to establish an Indian Oil Valuation Negotiated Rulemaking Committee (Committee). The Committee will develop specific recommendations regarding proposed revisions to the existing regulations for oil production from Indian leases, especially the major portion valuation requirement. The Committee will include representatives of parties who would be affected by a final rule. The ONRR solicits comments on this initiative and requests interested parties to nominate representatives for membership on the Committee.
Privacy Act of 1974; System of Records, January 25, 2011, 76 FR 4334-01, (PDF), 2011 WL 202498
SUMMARY:In accordance with the Privacy Act of 1974, as amended (Privacy Act), 5 U.S.C. 552a, the Department of Education (Department) publishes this notice of a new system of records entitled "Indian Education--Individual Reporting on Regulatory Compliance Related to the Indian Education Professional Development Program's Service Obligation and the Government Performance and Results Act of 1993 (GPRA)" (18-14-05). The Indian Education Professional Development program, authorized under title VII, part A of the Elementary and Secondary Education Act of 1965, as amended (ESEA), is designed to increase the number of, provide training to, and improve the skills of American Indian or Alaska Natives serving as teachers and school administrators in schools serving American Indian or Alaska Native students.
Interim Deputation Agreements; Interim BIA Adult Detention Facility Guidelines, January 25, 2011, 76 FR 4369-01, (PDF), 2011 WL 202533
SUMMARY:This notice announces the online publication of the Interim BIA Adult Detention Facility Guidelines and the Interim Model Deputation Agreements that will be used by the Office of Justice Services following passage of the Tribal Law and Order Act of 2010. Three Interim Model Deputation Agreements will be used: one agreement for tribes in Public Law 83-280 States, one for tribes in Oklahoma, and a general deputation agreement for tribes in other parts of the United States. The documents are published on the Indian Affairs Web site.
Notice. Special Law Enforcement Commissions, January 25, 2011, 76 FR 4369-02, (PDF), 2011 WL 202534
SUMMARY:This notice announces the online publication of the Interim Special Law Enforcement Commission Policy, Rules and Procedures, the Interim Special Law Enforcement Commission Protocols and the Interim Domestic Violence Waiver that will be used by the Office of Justice Services following passage of the Tribal Law and Order Act of 2010. The documents are published on the Indian Affairs Web site.
Prohibitions in Areas Designated by Order; Closure of National Forest System Lands To Protect Privacy of Tribal Activities, January 19, 2011, 76 FR 3015-01, (PDF), 2011 WL 146026
SUMMARY:This final rule is implementing verbatim sections 8102 and 8104 of the Food, Conservation, and Energy Act of 2008 (FCEA) by adding regulations regarding special closures to provide for closure of National Forest System lands to protect the privacy of tribal activities for traditional and cultural purposes and by adding definitions for "Indian tribe" and "traditional and cultural purpose." FCEA authorizes the Secretary of Agriculture to ensure access to National Forest System lands, to the maximum extent practicable, by Indians and Indian tribes for traditional and cultural purposes, in recognition of the historic use of National Forest System lands by Indians and Indian tribes.
Notice of meeting: No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee, January 14, 2011, 76 FR 2617-01, (PDF), 2011 WL 109801
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 fifth meeting in Nashville, Tennessee. 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.
Notice of Reservation Proclamation: Proclaiming Certain Lands, Lot 32 Acquisition, as an Addition to the Bay Mills Indian Reservation for the Bay Mills Indian Community of Michigan, January 13, 2011, 76 FR 2409-03, (PDF), 2011 WL 97348
SUMMARY: This notice informs the public that the Assistant Secretary--Indian Affairs proclaimed approximately 1 acre, more or less, to be added to the Bay Mills Indian Reservation for the Bay Mills Indian Community of Michigan.
Notice of Reservation Proclamation: Proclaiming Certain Lands, Golf Course Acquisition, as an Addition to the Bay Mills Indian Reservation for the Bay Mills Indian Community of Michigan, January 13, 2011, 76 FR 2409-02, (PDF), 2011 WL 97347
SUMMARY: This notice informs the public that the Assistant Secretary--Indian Affairs proclaimed approximately 40 acres, more or less, to be added to the Bay Mills Indian Reservation for the Bay Mills Indian Community of Michigan.
Notice of Reservation Proclamation: Proclaiming Certain Lands, Lots 15 and 16 Acquisition, as an Addition to the Bay Mills Indian Reservation for the Bay Mills Indian Community of Michigan, January 13, 2011, 76 FR 2409-01, (PDF), 2011 WL 97346
SUMMARY: This notice informs the public that the Assistant Secretary--Indian Affairs proclaimed approximately 2 acres, more or less, to be added to the Bay Mills Indian Reservation for the Bay Mills Indian Community of Michigan.
Notice: Administration for Native Americans: Issuance of final policy directive, January 10 2011, 76 FR 1437-01, (PDF), 2011 WL 52784
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 (SEDS), Social and Economic Development Strategies--Tribal Governance (SEDS-- TG), Social and Economic Development Strategies--Assets for Independence (SEDS--AFI), Native Language Preservation and Maintenance (Language P&M), Native Language Preservation and Maintenance--Esther Martinez Initiative (Language--EMI), and Environmental Regulatory Enhancement (ERE). This notice also provides information about how ANA will administer these programs.
Final Rule: Guidelines for Awarding Clean Water Act Section 319 Base Grants to Indian Tribes, January 6, 2011, 76 FR 709-02, (PDF), 2011 WL 30164
SUMMARY: This final rule provides national guidelines for the award of base grants under the Clean Water Act (CWA) section 319(h) nonpoint source (NPS) grants program to Indian tribes in FY 2011 (and subsequent years). In addition, the rule includes a few new administrative changes to clarify the guidelines and make them more user-friendly. The new administrative changes for base grant submissions are: That each EPA Region will now establish its own individual timeframe for tribes to submit application materials for section 319 base grants; the inclusion of information on how to calculate the cost-share/match; and the availability of facsimile submission for section 319 base grant application materials when the tribe coordinates with the appropriate EPA Regional coordinator in advance of the section 319 base grant application deadline.
Land Acquisitions; Cowlitz Indian Tribe of Washington, January 4, 2011, 76 FR 377-01, (PDF), 2011 WL 7778
SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 151.87 acres of land into trust for the Cowlitz Tribe of Washington on December 17, 2010.
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