Last updated: January 8, 2016
Guidelines for Implementing the Indian Child Welfare Act
81 FR 96476, (PDF)
SUMMARY: This notice announces the availability of the Department's new Guidelines for Implementing the Indian Child Welfare Act. These guidelines are intended to assist those involved in child custody proceedings in understanding and uniformly applying the Indian Child Welfare Act (ICWA) and the Department's regulations. All such parties-- including the courts, State child welfare agencies, private adoption agencies, Tribes, and family members--have a stake in ensuring the proper implementation of this important Federal law designed to protect Indian children, their parents, and Indian tribes.
Access to Federal Employees Health Benefits (FEHB) for Employees of Certain Indian Tribal Employers
81 FR 95397, (PDF)
SUMMARY: This final rule makes Federal employee health insurance accessible to employees of certain Indian tribal entities. Section 409 of the Indian Health Care Improvement Act (codified at 25 U.S.C. 1647b) authorizes Indian tribes, tribal organizations, and urban Indian organizations that carry out certain programs to purchase coverage, rights, and benefits under the Federal Employees Health Benefits (FEHB) Program for their employees. Tribal employers and tribal employees will be responsible for the full cost of benefits, plus an administrative fee. DATES: The final rule is effective February 27, 2017.
Land Acquisitions; Puyallup Tribe of the Puyallup Reservation
81 FR 93956, (PDF)
SUMMARY: The Assistant Secretary—Indian Affairs made a final agency determination to acquire 9.39 acres, more or less, of land in trust for the Puyallup Tribe of the Puyallup Reservation for gaming and other purposes on November 29, 2016.
Notice of Deadline for Submitting Completed Applications To Begin Participation in the Tribal Self-Governance Program in Fiscal Year 2018 or Calendar Year 2018
81 FR 93952, (PDF)
SUMMARY: In this notice, the Office of Self-Governance (OSG) establishes a deadline of March 1, 2017, for Indian Tribes and consortia to submit completed applications to begin participation in the tribal self-governance program in fiscal year 2018 or calendar year 2018.
Establishment of Tribal Intergovernmental Advisory Committee; Request for Nominations for Tribal Intergovernmental Membership
81 FR 93700, (PDF)
SUMMARY: On June 23, 2016, HUD published a Federal Register notice announcing its intent to establish a HUD Tribal Intergovernmental Advisory Committee (TIAC), consisting of tribal governmental representatives, to assist HUD to further develop and improve its Indian housing programs. The TIAC is intended to further communications between HUD and Federally recognized Indian tribes on HUD programs, make recommendations to HUD regarding current program regulations, and provide advice in the development of HUD's American Indian and Alaska Native housing priorities. This notice also solicits nominations and explains how persons may be nominated for membership on the TIAC.
United States Assumption of Concurrent Federal Criminal Jurisdiction; Hoopa Valley Tribe
81 FR 90870, (PDF)
SUMMARY: The Deputy Attorney General, exercising authority delegated by the Attorney General, granted the request by the Hoopa Valley Tribe for United States Assumption of Concurrent Federal Criminal Jurisdiction. Concurrent federal criminal jurisdiction will take effect no later than November 18, 2017.
Adoption and Foster Care Analysis and Reporting System
81 FR 90524, (PDF)
SUMMARY:The Social Security Act (the Act) requires that ACF regulate a national data collection system that provides comprehensive demographic and case-specific information on children who are in foster care and adopted. This final rule replaces existing Adoption and Foster Care Analysis and Reporting System (AFCARS) regulations and the appendices to require title IV-E agencies to collect and report data to ACF on children in out-of-home care, and who exit out-of-home care to adoption or legal guardianship, children in out-of-home care who are covered by the Indian Child Welfare Act, and children who are covered by a title IV-E adoption or guardianship assistance agreement.
Land Acquisitions; Pokagon Band of Potawatomi Indians, Michigan and Indiana
81 FR 89499, (PDF)
SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire 165.81 acres, more or less, of land in trust for the Pokagon Band of Potawatomi Indians, Michigan and Indiana, for gaming and other purposes on November 17, 2016.
Traders With Indians
81 FR 89015, (PDF)
SUMMARY: The Department of the Interior (Department) is considering whether to propose an administrative rule that would comprehensively update 25 CFR part 140 (Licensed Indian Traders) in an effort to modernize the implementation of the Indian Trader statutes consistent with the Federal policies of Tribal self-determination and self- governance. The current regulations were promulgated in 1957 and have not been comprehensively updated since 1965. The purpose of this advance notice of proposed rulemaking (ANPRM) is to solicit public comments on whether and how the Department should update 25 CFR part 140, including how the Indian Trader regulations might be updated to govern who trades on Indian land and how the regulations can better promote Tribal self-determination regarding trade on Indian lands. In this ANPRM, the Department also announces dates and locations for Tribal consultations and public meetings to consider this issue.
Division of Behavioral Health, Office of Clinical and Preventive Services; Methamphetamine and Suicide Prevention Initiative-Generation Indigenous (Gen-I) Initiative Support
81 FR 88251, (PDF)
SUMMARY: The Indian Health Service (IHS), an agency which is part of the Department of Health and Human Services (HHS), is accepting applications for grants for the Methamphetamine and Suicide Prevention Initiative (Short Title: MSPI)--Generation Indigenous (GEN-I) Initiative Support to continue the planning, development and implementation of the current grant funding cycle for the MSPI Purpose Area #4 (GEN-I Initiative Support) that focuses on promoting early intervention strategies and the implementation of positive youth development programming to reduce risk factors for suicidal behavior and substance abuse by working with Native youth up to and including age 24. Application Deadline Date: January 9, 2017.
Office for State, Tribal, Local and Territorial Support (OSTLTS)
81 FR 87939, (PDF)
SUMMARY: In accordance with Presidential Executive Order No. 13175, November 6, 2000, and the Presidential Memorandum of November 5, 2009, and September 23, 2004, Consultation and Coordination with Indian Tribal Governments, CDC/Agency for Toxic Substances and Disease Registry (ATSDR), announces the following meetings and Tribal Consultation Session. Tribal Caucus, CDC/ATSDR Tribal Advisory Committee (TAC) Meeting and 16th Biannual Tribal Consultation Session Times and Dates: 8:00 a.m.-5:00 p.m., EST, February 14, 2017 (Tribal Caucus) 8:00 a.m.-5:00 p.m., EST, February 15, 2017 (TAC Meeting and 16th Biannual Tribal Consultation Session) Place: The Tribal Caucus, TAC Meeting and Tribal Consultation Session will be held at CDC, Global Communications Center, Building 19, Auditorium B3, 1600 Clifton Road NE., Atlanta, Georgia 30329. Status: The meetings are being hosted by CDC/ATSDR in-person only and are open to the public. Attendees must pre-register for the event by Friday, January 13, 2017, at the following link: http://www.cdc.gov/tribal/meetings.html.
Fiscal Year 2016 Public Transportation on Indian Reservations Program Project Selections
81 FR 87653, (PDF)
SUMMARY: The Federal Transit Administration (FTA) announces the selection of 35 projects for funding with Fiscal Year (FY) 2016 appropriations for the Public Transportation on Indian Reservations Program Tribal Transit Program (TTP), as authorized by (49 U.S.C. 5311(c)(1)(a)(j)), as amended by the Fixing America's Surface Transportation (FAST) Act, Public Law 114-94 (December 4, 2015). A total of $5 million is available under this program.
Statement of Organization, Functions, and Delegations of Authority
81 FR 87563, (PDF)
SUMMARY: Statement of Organizations, Functions, and Delegations of Authority. The Administration for Children and Families (ACF) has added the title Deputy Assistant Secretary for Native American Affairs to Commissioner, Administration for Native Americans position.
Council for Native American Farming and Ranching: Public Meeting
81 FR 87017, (PDF)
SUMMARY: This notice announces a forthcoming meeting of The Council for Native American Farming and Ranching (CNAFR), a public advisory committee of the Office of Tribal Relations (OTR). Notice of the meetings are provided in accordance with section 10(a)(2) of the Federal Advisory Committee Act, as amended. This will be the first meeting held during fiscal year 2017 and will consist of, but not be limited to: Hearing public comments, update of USDA programs and activities, and discussion of committee priorities. This meeting will be open to the public.
Revisions to the Source-Specific Federal Implementation Plan for Four Corners Power Plant, Navajo Nation
81 FR 86988, (PDF)
SUMMARY: The Environmental Protection Agency (EPA) is proposing limited revisions to the source-specific Federal Implementation Plan (FIP) that was promulgated to regulate air pollutant emissions from the Four Corners Power Plant (FCPP), a coal-fired power plant located on the reservation lands of the Navajo Nation, near Farmington, New Mexico. These limited revisions propose to make certain provisions of the FIP consistent with national actions and rulemakings promulgated since 2012; update the FIP to reflect recent operating changes; and add new provisions to the FIP to include the air pollution control requirements for FCPP of a Consent Decree entered in the United States District Court for the District of New Mexico on August 17, 2015.
Civil Penalties Inflation Adjustments
81 FR 86953, (PDF)
SUMMARY: The Bureau of Indian Affairs (BIA) is adopting as final the interim final rule published on June 30, 2016, adjusting the level of civil monetary penalties contained in Indian Affairs regulations with an initial ``catch-up'' adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget (OMB) guidance. The Department of the Interior (Department) did not receive any significant adverse comments during the public comment period on the interim final rule, and therefore adopts the rule as final without change.
Announcement of Requirements and Registration for "Storytelling About Health and Wellness in American Indian and Alaska Native Communities" Challenge
81 FR 85581, (PDF)
SUMMARY: In recognition of Native American Heritage Month, the Tribal Health Research Office in the Division of Program Coordination, Planning, and Strategic Initiatives, in the Office of the Director of the National Institutes of Health (NIH), announces the ``Storytelling about Health and Wellness in American Indian and Alaska Native Communities'' Challenge. The goal of this Challenge is to develop a brief digital story (i.e., a video) that communicates how traditions and heritage promote health in American Indians and Alaska Natives (AI/ AN).
Native American Housing Assistance and Self-Determination Act; Revisions to the Indian Housing Block Grant Program Formula
81 FR 83674, (PDF)
SUMMARY: This final rule revises the Indian Housing Block Grant (IHBG) Program allocation formula authorized by section 302 of the Native American Housing Assistance and Self-Determination Act of 1996, as amended (NAHASDA). Through the IHBG Program, HUD provides federal housing assistance for Indian tribes in a manner that recognizes the right of Indian self-determination and tribal self-government. HUD negotiated this final rule with active tribal participation and using the procedures of the Negotiated Rulemaking Act of 1990. The regulatory changes reflect the consensus decisions reached by HUD and the tribal representatives on ways to improve and clarify the current regulations governing the IHBG Program formula.
Meeting of the Council for Native American Farming and Ranching
81 FR 83196, (PDF)
SUMMARY: This notice announces a forthcoming meeting of The Council for Native American Farming and Ranching (CNAFR), a public advisory committee of the Office of Tribal Relations (OTR). Notice of the meetings are provided in accordance with the Federal Advisory Committee Act, as amended. This will be the first meeting held during fiscal year 2017 and will consist of, but not be limited to: Hearing public comments, update of USDA programs and activities, and discussion of committee priorities. This meeting will be open to the public.
Equal Access to Housing in HUD's Native American and Native Hawaiian Programs-Regardless of Sexual Orientation or Gender Identity
81 FR 80989, (PDF)
SUMMARY: As the Nation's housing agency, HUD has the unique charge to promote the Federal goal of providing decent housing and a suitable living environment for all. In February 2012, HUD issued a final rule requiring HUD programs to make eligibility determinations for individuals seeking admission to HUD-assisted or -insured housing without regard to sexual orientation, gender identity, or marital status. The 2012 rule did not, however, cover HUD's Native American and Native Hawaiian programs. Through this final rule, HUD revises its Native American and Native Hawaiian program regulations to ensure all eligible individuals and families, regardless of sexual orientation, gender identity, or marital status, have access to these programs. This final rule seeks to provide consistency across HUD programs and restates the Department's commitment that eligibility for admission and continued occupancy in HUD-assisted and -insured housing is not based on sexual orientation, gender identity, or marital status.
Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Site Security
81 FR 81356, (PDF)
SUMMARY: This final rule replaces Onshore Oil and Gas Order No. 3, Site Security (Order 3), with new regulations codified in the Code of Federal Regulations (CFR). The final rule establishes minimum standards for oil and gas facility site security, and includes provisions to ensure that oil and gas produced from Federal and Indian (except Osage Tribe) oil and gas leases are properly and securely handled, so as to ensure accurate measurement, production accountability, and royalty payments, and to prevent theft and loss. The BLM developed this rule based on the proposed rule that was published in the Federal Register on July 13, 2015, and tribal and public comments the BLM received on the proposed rule. This rule strengthens the BLM's policies governing production verification and accountability by updating and replacing the existing requirements of Order 3 to address changes in technology and industry practices that have occurred in the 25 years since Order 3 was issued, and to respond to recommendations made by the Government Accountability Office (GAO) and the Office of the Inspector General (OIG) with respect to the BLM's production verification efforts. Like the proposed rule, the final rule addresses Facility Measurement Points (FMPs), site facility diagrams, the use of seals, bypasses around meters, documentation, recordkeeping, commingling, off- lease measurement, the reporting of incidents of unauthorized removal or mishandling of oil and condensate, and immediate assessments for certain acts of noncompliance. The final rule also establishes a process for the BLM to consider variances from the requirements of the final regulation. Some of the key changes from the proposed rule that are incorporated into the final rule include: Additional exemptions from the final rule's commingling requirements; a streamlined FMP application and approval process; simplified site facility diagram submissions; and clarifications to tank gauging procedures and frequency. The BLM believes that this final rule, as well as the final rules to update and replace Onshore Oil and Gas Order No. 4 (Order 4), related to measurement of oil, and Onshore Oil and Gas Order No. 5 (Order 5), related to measurement of gas enhance the BLM's overall production verification and accountability program.
Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Oil
81 FR 81462, (PDF)
SUMMARY: This final rule updates and replaces Onshore Oil and Gas Order Number 4, Measurement of Oil (Order 4) with new regulations codified in the Code of Federal Regulations (CFR). It establishes minimum standards for the measurement of oil produced from Federal and Indian (except Osage Tribe) leases to ensure that production is accurately measured and properly accounted for.
Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Gas
81 FR 81516, (PDF)
SUMMARY: This final rule updates and replaces Onshore Oil and Gas Order No. 5 (Order 5) with a new regulation codified in the Code of Federal Regulations (CFR). Like Order 5, this rule establishes minimum standards for accurate measurement and proper reporting of all gas removed or sold from Federal and Indian (except the Osage Tribe) leases, units, unit participating areas (PAs), and areas subject to communitization agreements (CAs). It provides a system for production accountability by operators, lessees, purchasers, and transporters. This rule establishes overall gas measurement performance standards and includes, among other things, requirements for the hardware and software related to gas metering equipment and reporting and recordkeeping. This rule also identifies certain specific acts of noncompliance that may result in an immediate assessment and provides a process for the Bureau of Land Management (BLM) to consider variances from the requirements of this rule.
Tribal Health Programs-Community Care Consolidation
81 FR 80166, (PDF)
SUMMARY: The Department of Veterans Affairs (VA), Veterans Health Administration (VHA) will facilitate a Tribal Consultation on VHA's effort to improve continuity of care and health care access for Veterans by consolidating multiple community care programs, previously known as non-VA care, into one standard program with standard rates. In October 2015, VA submitted to Congress the Plan to Consolidate Programs of Department of Veterans Affairs to Improve Access to Care, http:// www.va.gov/opa/publications/VA_Community_Care_Report_11_03_2015.pdf, which lays out the vision for a consolidated community care program that is easy to understand, simple to administer, and meets the needs of Veterans, community providers, and VA staff. As VA continues to move forward with implementing the vision of the Plan, we again seek tribal input to assist VA in developing the network of providers in a manner that would build on VA's existing relationships with tribal health programs and facilitate future collaboration to improve health care services provided to all eligible, VA-enrolled Veterans, regardless of whether they are eligible for Indian Health Service-funded health care or not. We are seeking tribal consultation regarding the tribal health programs' participation in the core provider network, as outlined in the Plan, and potentially transitioning from the current reimbursement agreement structure to a model under which tribal health programs deliver care to all eligible, VA enrolled Veterans, using a standard reimbursement rate based on Medicare rates.
Tribal Transportation Self-Governance Program; Negotiated Rulemaking Meetings
81 FR 78684, (PDF)
SUMMARY: The Section 184 Indian Housing Loan Guarantee program (Section 184 program) is a home mortgage program specifically designed for American Indian and Alaska Native families, Alaska villages, tribes, or tribally designated housing entities. Over the last five years, the Section 184 program has doubled the number of loans and eligible families being assisted by the program. For HUD to continue to meet the increasing demand for participation in this program, HUD is exercising its authority to increase the annual premium to the borrower from 0.15 to 0.25 percent of the remaining loan balance. This annual premium will continue until the unpaid principal balance, excluding the upfront loan guarantee fee, reaches 78 percent of the lower of the initial sales price or appraised value based on the initial amortization schedule. Effective December 1, 2016 the new annual premium of 0.25 percent of the remaining loan balance will apply to all new loan guarantees, including refinances.
Proclaiming Certain Lands as Reservation for the Confederated Tribes of the Chehalis Reservation of Washington
81 FR 78180, (PDF)
SUMMARY: This notice informs the public that the Assistant Secretary-- Indian Affairs proclaimed approximately 24.76 acres, more or less, an addition to the reservation of the Confederated Tribes of the Chehalis Reservation.
Proclaiming Certain Lands as Reservation for the Confederated Tribes of the Chehalis Reservation
81 FR 78178, (PDF)
SUMMARY: This notice informs the public that the Principal Deputy Assistant Secretary--Indian Affairs proclaimed approximately 359.11 acres, more or less, an addition to the reservation of the Confederated Tribes of the Chehalis Reservation of Washington.
Tribal Transportation Program
81 FR 78456, (PDF)
SUMMARY: This final rule updates the Tribal Transportation Program regulations (formerly the Indian Reservation Roads Program) to comply with statutory updates. The Tribal Transportation Program is a program to address the surface transportation needs of Tribes. This rule reflects statutory changes in the delivery options for the program, clarifies the requirements for proposed roads and access roads to be added to, or remain in, the inventory, revises certain sections that were provided for informational purposes, and makes technical corrections.
Section 184 Indian Housing Loan Guarantee Program Increase to Annual Premium
81 FR 75836, (PDF)
SUMMARY: The Section 184 Indian Housing Loan Guarantee program (Section 184 program) is a home mortgage program specifically designed for American Indian and Alaska Native families, Alaska villages, tribes, or tribally designated housing entities. Over the last five years, the Section 184 program has doubled the number of loans and eligible families being assisted by the program. For HUD to continue to meet the increasing demand for participation in this program, HUD is exercising its authority to increase the annual premium to the borrower from 0.15 to 0.25 percent of the remaining loan balance. This annual premium will continue until the unpaid principal balance, excluding the upfront loan guarantee fee, reaches 78 percent of the lower of the initial sales price or appraised value based on the initial amortization schedule. Effective December 1, 2016 the new annual premium of 0.25 percent of the remaining loan balance will apply to all new loan guarantees, including refinances.
Addition of the Wind River Indian Reservation to the List of Courts of Indian Offenses
81 FR 74675, (PDF)
SUMMARY: This interim final rule establishes a Court of Indian Offenses (also known as CFR Court) for the Wind River Indian Reservation until the agency can promulgate a final rule that considers comments received.
Court of Indian Offenses Serving the Wind River Indian Reservation
81 FR 74809, (PDF)
SUMMARY: This notice accompanies the interim final rule establishing a Court of Indian Offenses (also known as CFR Court) for the Wind River Indian Reservation. It waives the application of certain sections of the regulations for the Court of Indian Offenses serving the Wind River Indian Reservation to allow BIA to establish a CFR court when necessary. It will also allow the Assistant Secretary--Indian Affairs to appoint a magistrate without the need for confirmation by the tribal governing body.
Guidelines Stating Principles for Working With Federally Recognized Indian Tribes
81 FR 74448 , (PDF)
SUMMARY: The Department of Health and Human Services (HHS), Administration for Children and Families (ACF), is issuing guidelines stating principles for working with federally recognized Indian tribes.
Model Indian Juvenile Code
81 FR 72607 , (PDF)
SUMMARY: The Bureau of Indian Affairs is announcing availability of the final version of the updated 2016 Model Indian Juvenile Code. The updated Model Indian Juvenile Code is intended as a tool to assist Indian Tribes in creating or revising their juvenile codes.
HEARTH Act Approval of Chemehuevi Indian Tribe Regulations
81 FR 72607 , (PDF)
SUMMARY: On October 7, 2016, the Bureau of Indian Affairs (BIA) approved the Chemehuevi Indian Tribe of the Chemehuevi Reservation, California leasing regulations under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Chemehuevi Indian Tribe is authorized to enter into business site leases without further BIA approval.
Related News: Chemehuevi Tribe secures approval of HEARTH Act regulations (Indianz) 10/20/16
Procedures for Reestablishing a Formal Government-to-Government Relationship With the Native Hawaiian Community
81 FR 71278, (PDF)
SUMMARY: This final rule establishes the Secretary of the Interior's (Secretary) administrative process for reestablishing a formal government-to-government relationship with the Native Hawaiian community to more effectively implement the special political and trust relationship that Congress established between that community and the United States. The rule does not attempt to reorganize a Native Hawaiian government or draft its constitution, nor does it dictate the form or structure of that government. Rather, the rule establishes an administrative procedure and criteria that the Secretary would use if the Native Hawaiian community forms a unified government that then seeks a formal government-to-government relationship with the United States. Consistent with the Federal policy of self-determination and self-governance for indigenous communities, the Native Hawaiian community itself would determine whether and how to reorganize its government.
Related News: Some protest US rule for recognition of Native Hawaiian government (NBC News) 9/26/16, Path now clear for Native Hawaiians to establish government-to-government relationship with U.S. (Colorlines) 9/26/16, With Obama's help, native Hawaiians may establish their first unified government since the 1890s (Washington Post) 9/23/16, Feds finalize pathway for formal relations with Native Hawaiians (Hawaii News Now) 9/23/16 (DOI Final Rule)
Statement of Findings: Taos Pueblo Indian Water Rights Settlement Act
81 FR 69844, (PDF)
SUMMARY: The Secretary of the Interior (Secretary) is publishing this notice in accordance with section 509(f) of the Taos Pueblo Indian Water Rights Settlement Act, Public Law 111-291 (Settlement Act). Congress enacted the Settlement Act as Title V of the Claims Resolution Act of 2010. The publication of this notice causes the Settlement Agreement entered in accordance with Section 509 of the Settlement Act to become enforceable and causes certain waivers and releases of claims executed pursuant to sections 510 and 511(a) of the Settlement Act to become effective.
Draft General Permit Under the Federal Indian Country Minor New Source Review Program
81 FR 69814, (PDF)
SUMMARY: The Environmental Protection Agency (EPA) Region 9 provides notice of, and requests public comment on, the EPA's draft general permit for use in Indian country within California pursuant to the Clean Air Act (CAA) Federal Indian Country Minor New Source Review (NSR) program for new and modified minor sources. The draft general permit is for a single source category, gasoline dispensing facilities (GDFs), and would be available in certain areas of Indian country that are within the geographical boundaries of California. This includes areas located in an Indian reservation or in another area of Indian country over which an Indian tribe, or the EPA, has demonstrated that the tribe has jurisdiction and where there is no EPA-approved minor NSR program in place. The EPA is proposing this general permit as an option for CAA minor NSR preconstruction permitting to help streamline the EPA's permitting of certain minor sources that construct or modify in Indian country and belong to the GDF source category.
Announcement of a Single-Source Supplement Grant to the National Child Welfare Capacity Building Center for Tribes
81 FR 68420-01 , (PDF)
SUMMARY: In section 518(e) of the Clean Water Act (CWA), Congress authorized the Environmental Protection Agency (EPA) to treat eligible federally recognized Indian tribes in a similar manner as a state for purposes of administering section 303 and certain other provisions of the CWA, and directed the agency to promulgate regulations effectuating this authorization. EPA has issued regulations establishing a process for federally recognized tribes to obtain treatment in a similar manner as states (TAS) for several provisions of the CWA; for example, 53 tribes have obtained TAS authority to issue water quality standards under CWA section 303(c). EPA has not yet promulgated regulations expressly establishing a process for tribes to obtain TAS authority to administer the water quality restoration provisions of CWA section 303(d), including issuing lists of impaired waters and developing total maximum daily loads (TMDLs), as states routinely do. EPA is now remedying this gap. By establishing regulatory procedures for eligible tribes to obtain TAS for the CWA Section 303(d) Impaired Water Listing and TMDL Program, this final rule enables eligible tribes to obtain authority to identify impaired waters on their reservations and to establish TMDLs, which serve as plans for attaining and maintaining applicable water quality standards (WQS). The rule is comparable to similar regulations that EPA issued in the 1990s for the CWA Section 303(c) WQS and CWA Section 402 and Section 404 Permitting Programs, and includes features designed to minimize paperwork and unnecessary reviews.
Federal Baseline Water Quality Standards for Indian Reservations
81 FR 66900, (PDF)
SUMMARY: The Environmental Protection Agency (EPA) is considering establishing federal baseline water quality standards (WQS) for certain Indian reservation waters to narrow a long-standing gap in coverage of Clean Water Act (CWA) protections. Currently, fewer than 50 of over 300 tribes with reservations have WQS effective under the CWA; most of the reservations with existing CWA-effective WQS have obtained the coverage through treatment in a manner similar to a state (TAS) under CWA section 518. In advance of any potential rulemaking to address this gap of CWA coverage, EPA specifically invites comments on whether to establish such federal baseline WQS for Indian reservation waters that do not yet have WQS under the CWA and, if so, what those WQS should be and how they should be implemented. Federal baseline WQS would define water quality goals for unprotected reservation waters and serve as the foundation for CWA actions to protect human health and the environment. Such WQS, if established, would apply only to those waters not already covered by existing CWA-effective WQS and would be superseded by any WQS subsequently adopted by an authorized tribe and approved by EPA under CWA section 303(c).
Sale and Disposal of National Forest System Timber; Forest Products for Traditional and Cultural Purposes
81 FR 65891 , (PDF)
SUMMARY: The USDA Forest Service is implementing regulations under the Food, Conservation, and Energy Act of 2008 (hereinafter the ``2008 Farm Bill''). This rule provides for the provision of trees, portions of trees, or forest products from National Forest System lands, free of charge, to federally recognized Indian tribes (Indian tribes) for traditional and cultural purposes. This rule implements section 8105 of the 2008 Farm Bill.
Treatment of Indian Tribes in a Similar Manner as States for Purposes of Section 303(d) of the Clean Water Act
81 FR 65901 , (PDF)
SUMMARY: In section 518(e) of the Clean Water Act (CWA), Congress authorized the Environmental Protection Agency (EPA) to treat eligible federally recognized Indian tribes in a similar manner as a state for purposes of administering section 303 and certain other provisions of the CWA, and directed the agency to promulgate regulations effectuating this authorization. EPA has issued regulations establishing a process for federally recognized tribes to obtain treatment in a similar manner as states (TAS) for several provisions of the CWA; for example, 53 tribes have obtained TAS authority to issue water quality standards under CWA section 303(c). EPA has not yet promulgated regulations expressly establishing a process for tribes to obtain TAS authority to administer the water quality restoration provisions of CWA section 303(d), including issuing lists of impaired waters and developing total maximum daily loads (TMDLs), as states routinely do. EPA is now remedying this gap. By establishing regulatory procedures for eligible tribes to obtain TAS for the CWA Section 303(d) Impaired Water Listing and TMDL Program, this final rule enables eligible tribes to obtain authority to identify impaired waters on their reservations and to establish TMDLs, which serve as plans for attaining and maintaining applicable water quality standards (WQS). The rule is comparable to similar regulations that EPA issued in the 1990s for the CWA Section 303(c) WQS and CWA Section 402 and Section 404 Permitting Programs, and includes features designed to minimize paperwork and unnecessary reviews.
Notice of Tribal Consultation and Urban Confer Sessions on the State of the Great Plains Area Indian Health Service; Extension of Comment Period
81 FR 65661 , (PDF)
SUMMARY: This document extends the comment period in the Notice of Tribal Consultation and Urban Confer Sessions on the State of the Great Plains Area Indian Health Service announcement that was published in the Federal Register on June 3, 2016.
Appraisals and Valuations of Indian Property
81 FR 65319, (PDF)
SUMMARY: Congress recently passed the Indian Trust Asset Reform Act (ITARA), which requires the Secretary of the Interior to establish and publish in the Federal Register minimum qualifications for individuals to prepare appraisals and valuations of Indian trust property. This proposed rule would establish the minimum qualifications and would also implement provisions of ITARA that require the Secretary to accept appraisals and valuations without additional review or approval under certain circumstances.
Tribal Transportation Self-Governance Program; Negotiated Rulemaking Second Meeting
81 FR 63153, (PDF)
SUMMARY: This document announces the second meeting of the Tribal Transportation Self-Governance Program (TTSGP) Negotiated Rulemaking Committee. This notice also announces additional alternate committee members.
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2016-17 Season
81 FR 62404, (PDF)
SUMMARY: This rule prescribes special 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.
Notice of Office of Urban Indian Health Programs Strategic Plan
81 FR 61703, (PDF)
SUMMARY: Indian Health Service (IHS) has entered into a contract with the National Academy of Public Administration (the Academy) to assist in the development of a five-year strategic plan. Funding for this project was provided by Congress in the 2016 Consolidated Appropriations Act, which directs IHS to develop the plan in consultation with urban Indians and the Academy. As part of this project, the Academy project team is in the process of conducting extensive outreach to IHS/Office of Urban Indian Health Programs (OUIHP) leadership and employees, as well as conferring with urban Indian organizations and other key external stakeholder groups. The final product will be a strategic plan to guide the work of the headquarters office of OUIHP, area urban coordinators, and urban Indian organizations participating in IHS programs. The strategic plan will be completed by the end of December 2016. IHS is requesting input on the strategic planning process, the strengths and weaknesses of OUIHP, and the opportunities and threats facing the program. Comments will be used to help develop the mission, goals, objectives, and strategies to be included in the strategic plan.
Tribal Consultation Meetings
81 FR 60356, (PDF)
SUMMARY: Pursuant to the Improving Head Start for School Readiness Act of 2007, Public Law 110-134, notice is hereby given of a 1-day Tribal Consultation Session to be held between the Department of Health and Human Services (HHS), 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)].
Clean Energy Incentive Program Design Details; Extension of Comment Period
81 FR 59950 , (PDF)
SUMMARY: On June 30, 2016, the Environmental Protection Agency (EPA) proposed a rule titled, ``Clean Energy Incentive Program Design Details.'' The EPA is extending the comment period on the proposed rule, which was scheduled to close on September 2, 2016, by 60 days until November 1, 2016. The EPA is making this change to allow for requested tribal consultation in response to the proposed rule.
Access to Federal Employees Health Benefits (FEHB) for Employees of Certain Indian Tribal Employers
81 FR 59907 , (PDF)
SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a Notice of Proposed Rulemaking to address the implementation of certain provisions of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, as amended (ACA) making Federal employee health insurance accessible to employees of certain Indian tribal entities. The ACA includes authorization for Indian tribes, tribal organizations, and urban Indian organizations that carry out certain programs to purchase coverage, rights, and benefits under the Federal Employees Health Benefits (FEHB) Program for their employees. Tribal employers and tribal employees will be responsible for the full cost of benefits, plus an administrative fee.
Request for Applications; Tribal Issues Advisory Group
81 FR 58003, (PDF)
SUMMARY: The Commission has decided to establish a Tribal Issues Advisory Group as a standing advisory group pursuant to 28 U.S.C. 995 and Rule 5.4 of the Commission's Rules of Practice and Procedure. Having adopted a formal charter for the Tribal Issues Advisory Group, the Commission is constituting the initial membership of the advisory group under that charter. Under the charter, the advisory group will consist of no more than 9 members. Of those 9 members, not more than 1 shall be a Federal judge; 2 shall be from the Executive Branch (one from the United States Department of Justice and one from the United States Department of the Interior); 1 shall be from a federal public defender organization or community defender organization; 1 shall be a tribal court judge; and not more than 4 shall be at-large members. To be eligible to serve as a member, an individual must have expertise, knowledge, and/or experience in the issues considered by the Tribal Issues Advisory Group. The Commission hereby invites any individual who is eligible to be appointed to the Federal judge membership, the tribal court judge membership, or the at- large membership of the Tribal Issues Advisory Group to apply. Application materials should be received by the Commission not later than October 24, 2016. An applicant for membership in the Tribal Issues Advisory Group should apply by sending a letter of interest and resume to the Commission as indicated in the ADDRESSES section below.
Native American Housing Assistance and Self-Determination Act of 1996: Negotiated Rulemaking Committee Ninth Meeting
81 FR 57506, (PDF)
SUMMARY: This notice announces the ninth meeting of the Indian Housing Block Grant (IHBG) negotiated rulemaking committee.
Workforce Innovation and Opportunity Act
81 FR 56071, (PDF)
SUMMARY: The Department of Labor (DOL or the Department) issues this Final Rule to implement titles I and III of the Workforce Innovation and Opportunity Act (WIOA). Through these regulations, the Department reforms and modernizes our nation's workforce development system. This rule provides the framework for changes for statewide and local workforce development systems to increase the employment, retention, earnings, and occupational skill attainment of U.S. workers, particularly those individuals with barriers to employment, so they can move into good jobs and careers and provide businesses with the skilled workforce needed to make the United States more competitive in the 21st Century global economy.
National Advisory Committee
81 FR 52823, (PDF)
SUMMARY: The Bureau of the Census (Census Bureau) is giving notice of a virtual meeting of the National Advisory Committee (NAC). The Committee will address the 2017 Census Tribal Enrollment Reinterview Questions and the Integrated Partnership and Communications Working Group will make recommendations to the NAC. The NAC will meet virtually on Monday, August 22, 2016. Last minute changes to the schedule are possible, which could prevent giving advance public notice of schedule adjustments. Please visit the Census Advisory Committees Web site for the most current meeting agenda at: http://www.census.gov/cac/.
Advisory Board for Exceptional Children
81 FR 52457, (PDF)
SUMMARY: The Bureau of Indian Education (BIE) is announcing that the Advisory Board for Exceptional Children (Advisory Board) will hold its next meeting in Lawrence, Kansas. 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.
Rate Adjustments for Indian Irrigation Projects
81 FR 51927, (PDF)
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.
2020 Census Tribal Consultation Meetings
81 FR 51849, (PDF)
SUMMARY: Pursuant to Executive Order 13175, the Bureau of the Census (Census Bureau) is continuing tribal consultation meetings through calendar year 2016 with federally recognized tribes across the country as part of our ongoing government-to-government relations. The Census Bureau is planning to conduct tribal consultation meetings with federally recognized tribes across the country between September 2016 and December 2016. These meetings will provide a forum for tribes to share insights, make recommendations and discuss concerns related to the 2020 Census. The Census Bureau's procedures for outreach, notice and consultation will ensure involvement of tribes, to the extent practicable and permitted by law, before making decisions or implementing policies, rules or programs that affect federally recognized tribal governments. The Census Bureau requests that interested members of the public comment with any questions or topics they would like to see considered in these meetings. For a list of dates, locations and times please check http://www.census.gov/aian/ census_2020/. These meetings are open to members of federally recognized tribes by invitation.
Tribal Consultation and Listening Sessions on Indian Trust Asset Reform Act
81 FR 51210, (PDF)
SUMMARY: The Department of the Interior published a notice in the Federal Register of July 20, 2016 (81 FR 47176), announcing Tribal consultation and listening sessions on the Indian Trust Asset Reform Act. This notice announces a correction to the Albuquerque, New Mexico, location listed in that notice and provides venue information for other locations.
Native American Graves Protection and Repatriation Review Committee: Notice of Nomination Solicitation
81 FR 49261, (PDF)
SUMMARY: The National Park Service is seeking nominations for one member of the Native American Graves Protection and Repatriation Review Committee (Review Committee). The Secretary of the Interior will appoint the member from nominations submitted by Indian tribes, Native Hawaiian organizations, and traditional Native American religious leaders. The nominee must be a traditional Indian religious leader.
Tribal Transportation Self-Governance Program; Negotiated Rulemaking Proposed Committee Membership and First Meeting
81 FR 49193, (PDF)
SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend its regulations concerning recognition of certain national, State, and regional or local organizations for purposes of VA claims representation. Specifically, this rulemaking would allow the Secretary of Veterans Affairs to recognize tribal organizations in a similar manner as the Secretary recognizes State organizations. The proposed rule would allow a tribal organization that is established and funded by one or more tribal governments to be recognized for the purpose of providing assistance on VA benefit claims. In addition, the proposed rule would allow an employee of a tribal government to become accredited through a recognized State organization in a similar manner as a County Veterans' Service Officer (CVSO) may become accredited through a recognized State organization. The intended effect of this proposed rule is to improve access of Native American veterans to VA-recognized organizations and VA- accredited individuals who may assist them on their benefit claims.
Indian Child Welfare Act Proceedings
81 FR 47288, (PDF)
SUMMARY: The Department of the Interior (Department) is hosting training sessions on its regulations implementing the Indian Child Welfare Act (ICWA) for federally recognized Indian Tribes and for State court and child welfare agency personnel. This document announces the dates and locations of the training sessions.
Related News: DOI releases schedule of trainings on new ICWA regs (PDF) 7/19/16
Tribal Consultation and Listening Sessions on Indian Trust Asset Reform Act
81 FR 47176, (PDF)
SUMMARY: The Department of the Interior (Interior) is hosting a listening session and tribal consultation sessions with Indian Tribes, appropriate Indian organizations, and individual Indians on the implementation of Title III of the Indian Trust Asset Reform Act recently passed by Congress. Topics to be addressed in these sessions include the establishment of an Under Secretary for Indian Affairs, the transition of certain functions of the Office of the Special Trustee for American Indians (OST) to other entities within Interior, the identification of options for a single entity to conduct appraisals and valuations of Indian trust property, and draft minimum qualifications for individuals to prepare appraisals and valuations of Indian trust property.
Recognition of Tribal Organizations for Representation of VA Claimants
81 FR 47087, (PDF)
SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend its regulations concerning recognition of certain national, State, and regional or local organizations for purposes of VA claims representation. Specifically, this rulemaking would allow the Secretary of Veterans Affairs to recognize tribal organizations in a similar manner as the Secretary recognizes State organizations. The proposed rule would allow a tribal organization that is established and funded by one or more tribal governments to be recognized for the purpose of providing assistance on VA benefit claims. In addition, the proposed rule would allow an employee of a tribal government to become accredited through a recognized State organization in a similar manner as a County Veterans' Service Officer (CVSO) may become accredited through a recognized State organization. The intended effect of this proposed rule is to improve access of Native American veterans to VA-recognized organizations and VA- accredited individuals who may assist them on their benefit claims.
Office of Direct Service and Contracting Tribes; National Indian Health Outreach and Education, Policy/Budget/Diabetes
81 FR 46089, (PDF)
SUMMARY: The Indian Health Service (IHS) is accepting competitive cooperative agreement applications for the National Indian Health Outreach and Education, Policy/Budget/Diabetes (NIHOE-I) limited competition cooperative agreement program. This award includes the following four components, as described in this announcement: ``Line Item 128 Health Education and Outreach funds,'' ``Health Care Policy Analysis and Review,'' ``Budget Formulation,'' and ``Tribal Leaders Diabetes Committee'' (TLDC). This program is authorized under the Snyder Act, codified at 25 U.S.C. 13. The TLDC component is authorized by section 330C of the Public Health Service Act, codified at 42 U.S.C. 254c-3. This program is described in the Catalog of Federal Domestic Assistance under 93.933.
Gathering of Certain Plants or Plant Parts by Federally Recognized Indian Tribes for Traditional Purposes
81 FR 45024, (PDF)
SUMMARY: The National Park Service is establishing a management framework to allow the gathering and removal of plants or plant parts by enrolled members of federally recognized Indian tribes for traditional purposes. The rule authorizes agreements between the National Park Service and federally recognized tribes that will facilitate the continuation of tribal cultural practices on lands within areas of the National Park System where those practices traditionally occurred, without causing a significant adverse impact to park resources or values. This rule respects those tribal cultural practices, furthers the government-to-government relationship between the United States and the tribes, and provides system-wide consistency for this aspect of National Park Service-tribal relations.
Related News: National Park Service finalizes rule for tribal gathering of plants (Indianz) 6/30/16
Council for Native American Farming and Ranching
81 FR 44838, (PDF)
SUMMARY: This notice announces a forthcoming meeting of the Council for Native American Farming and Ranching, a public advisory committee of the Office of Tribal Relations. Notice of the meetings are provided in accordance with section 10(a)(2) of the Federal Advisory Committee Act, as amended, (5 U.S.C. Appendix 2). This will be the third meeting held during fiscal year 2016 and will consist of, but not be limited to: Hearing public comments, update of USDA programs and activities, and discussion of committee priorities. This meeting will be open to the public.
Related News: American Indian farms get help (Arkansas Online) 7/9/16
Notice of Tribal Consultation and Urban Confer Sessions on the State of the Great Plains Area Indian Health Service; Correction
81 FR 44309, (PDF)
SUMMARY: The Indian Health Service (IHS) published a document in the Federal Register on June 3, 2016, for the Notice of Tribal Consultation and Urban Confer Sessions on the State of the Great Plains Area Indian Health Service. The date and location of the onsite consultation session has been changed as reflected in this correction notice.
Civil Penalty Inflation Adjustment
81 FR 43941, (PDF)
SUMMARY: In compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget (OMB) guidance, this rule adjusts the level of the civil monetary penalty, contained in the National Indian Gaming Commission's (NIGC or Commission) regulation, with an initial ``catch-up'' adjustment.
Related News: National Indian Gaming Commission raises penalty amount to nearly $50K (Indianz) 7/7/16
Request for Public Comment: 60-Day Information Collection: Application for Participation in the IHS Scholarship Program
81 FR 44030, (PDF)
SUMMARY: In compliance the Paperwork Reduction Act of 1995, the Indian Health Service (IHS) invites the general public to comment on the information collection titled, ``Application for Participation in the IHS Scholarship Program,'' Office of Management and Budget (OMB) Control No. 0917-0006. IHS is requesting OMB to approve an extension for this collection, which expires on September 30, 2016.
Re-Establishment of the Council for Native American Farming and Ranching
81 FR 43986, (PDF)
SUMMARY: The Department of Agriculture (USDA) is announcing the re- establishment of the advisory Council for Native American Farming and Ranching (Council). The purpose of this advisory council is to provide recommendations to the Secretary on how to eliminate barriers to Native American participation in USDA programs. The Council will discuss issues related to the participation of Native American farmers and ranchers in USDA programs and transmit recommendations concerning any changes to regulations or internal guidance or other measures. The Council is necessary and in the public interest. The USDA is seeking nominations for individuals to be considered Council members. Candidates who wish to be considered for membership on the Council for Native American Farmers and Ranchers 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 can be found at: http://www.usda.gov/documents/ OCIO_AD_755_Master_2012.pdf.
Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform
81 FR 43337, (PDF)
SUMMARY: ONRR is amending our regulations governing valuation, for royalty purposes, of oil and gas produced from Federal onshore and offshore leases and coal produced from Federal and Indian leases. This rule also consolidates definitions for oil, gas, and coal product valuation into one subpart that is applicable to the Federal oil and gas and Federal and Indian coal subparts.
Proclaiming Certain Lands as Reservation for the Port Gamble S'Klallam Tribe of Washington
81 FR 42721, (PDF)
SUMMARY: This notice informs the public that the Acting Assistant Secretary--Indian Affairs proclaimed approximately 410.50 acres, more or less, an addition to the Reservation of the Port Gamble S'Klallam Tribe of Washington on June 22, 2016.
Notice of Proposal To Establish a Tribal Intergovernmental Advisory Committee; Request for Comments on Committee Structure
81 FR 40899, (PDF)
SUMMARY: This notice solicits comments and recommendations regarding the establishment of a Tribal Intergovernmental Advisory Committee (TIAC), consisting of tribal representatives, to assist HUD further develop and maintain its Indian housing programs. The TIAC is intended to further communications between HUD and Federally recognized Indian tribes on HUD programs, make recommendations to HUD regarding current program regulations, provide advice in the development of HUD's American Indian and Alaska Native housing priorities, and encourage peer learning and capacity building among tribes and non-tribal entities. Consistent with HUD's Tribal Government-to-Government Consultation Policy, published elsewhere in this Federal Register, this notice solicits input on the structure of the TIAC.
Tribal Government-to-Government Consultation Policy
81 FR 40893, (PDF)
SUMMARY: In compliance with Executive Order 13175, ``Consultation with Indian Tribal Governments,'' HUD adopts this Tribal Government-to- Government Consultation Policy. The purpose of this tribal consultation policy is to enhance communication and coordination between HUD and federally recognized Indian tribes and to outline guiding principles and procedures under which all HUD employees are to operate with regard to federally recognized Indian or Alaska Native tribes. This final policy statement follows publication of an April 8, 2015, request for public comment on HUD's proposed Tribal Consultation Policy and, after consideration of the public comments submitted in response to the April 8, 2015, notice, adopts the proposed policy without change.
Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota
81 FR 40719, (PDF)
SUMMARY: This notice informs the public that the Assistant Secretary-- Indian Affairs proclaimed approximately 128.30 acres, more or less, an addition to the Reservation of the Shakopee Mdewakanton Sioux Community of Minnesota on June 8, 2016.
HEARTH Act Approval of Oneida Nation of New York Regulations
81 FR 40718, (PDF)
SUMMARY: On June 14, 2016, the Bureau of Indian Affairs (BIA) approved the Oneida Nation of New York (Tribe) leasing regulations under the HEARTH Act. With this approval, the Tribe is authorized to enter into residential leases without BIA approval.
HEARTH Act Approval of Twenty-Nine Palms Band of Mission Indians of California Regulations
81 FR 40717, (PDF)
SUMMARY: On June 14, 2016, the Bureau of Indian Affairs (BIA) approved the Twenty-Nine Palms Band of Mission Indians of California (Tribe) leasing regulations under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Tribe is authorized to enter into business site leases without BIA approval.
Use of Bureau-Operated Schools by Third Parties Under Lease Agreements and Fundraising Activity by Bureau-Operated School Personnel
81 FR 40218, (PDF)
SUMMARY: Congress authorized the Director of the Bureau of Indian Education (BIE) to enter into agreements with third parties to lease the land or facilities of a Bureau-operated school in exchange for funding that benefits the school. This proposed rule establishes standards for the appropriate use of lands and facilities under a lease agreement, provisions for establishment and administration of mechanisms for the acceptance of consideration for the use and benefit of a school, accountability standards to ensure ethical conduct, and provisions for monitoring the amount and terms of consideration received, the manner in which the consideration is used, and any results achieved by such use.
Probate Regulation Updates
81 FR 39874, (PDF)
SUMMARY: The Department of the Interior (``Department'') plans to conduct two Tribal consultation sessions with federally recognized Tribes across the country. These meetings will provide a forum for Tribes to share insights and make recommendations related to the probate of Indian estates.
Endangered and Threatened Species; Take of Anadromous Fish
81 FR 39911, (PDF)
SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), this notice announces that NMFS intends to obtain information necessary to prepare an Environmental Impact Statement (EIS) for 11 Hatchery and Genetic Management Plans (HGMPs) for salmon hatchery programs jointly submitted by the Washington Department of Fish and Wildlife (WDFW), the Lummi Nation, the Nooksack Indian Tribe, the Upper Skagit Indian Tribe, and the Swinomish Indian Tribal Community (referred to as the co- managers), for NMFS's evaluation and determination under Limit 6 of the Endangered Species Act (ESA) 4(d) Rule for threatened salmon and steelhead. The HGMPs specify the propagation of salmon in the Nooksack River Basin in Washington State. NMFS provides this notice to advise other agencies and the public of its plans to analyze effects related to the action, and obtain suggestions and information that may be useful to the scope of issues and alternatives to include in the EIS.
Leasing of Osage Reservation Lands for Oil and Gas Mining
81 FR 39572, (PDF)
SUMMARY: The Bureau of Indian Affairs (BIA) previously published a final rule ``Leasing of Osage Reservation Lands for Oil and Gas Mining'' on May 11, 2015, but due to a court order enjoining the final rule and subsequent remand, that version of the rule never became effective. This final rule amends the Code of Federal Regulations to reinstate the version of the rule that was in effect prior to the 2015 final rule because that prior version of the rule remains operative.
Indian Child Welfare Act Proceedings
81 FR 38777, (PDF)
SUMMARY: This final rule adds a new subpart to the Department of the Interior's (Department) regulations implementing the Indian Child Welfare Act (ICWA), to improve ICWA implementation. The final rule addresses requirements for State courts in ensuring implementation of ICWA in Indian child-welfare proceedings and requirements for States to maintain records under ICWA.
Related News: NICWA, NARF release new summary of regs (Summary PDF) June 2016, Interior Secretary says changes to Indian Child Welfare Act 'close loopholes' (OPB) 6/10/16, BIA publishes final ICWA rule (Indian Country Today) 6/8/16 (See Turtle Talk materials -01, -02, -03) (See also Federal Register materials 80 FR 10146 & 80 FR 14880)
Proclaiming Certain Lands as Reservation for the Bay Mills Indian Community
81 FR 38733, (PDF)
SUMMARY: This notice informs the public that the Assistant Secretary-- Indian Affairs proclaimed approximately 2.00 acres, more or less, an addition to the reservation of the Bay Mills Indian Community of Michigan on March 31, 2016.
Office for State, Tribal, Local and Territorial Support (OSTLTS)
81 FR 36544, (PDF)
SUMMARY: The purpose of these recurring meetings is to advance CDC and ATSDR support for and collaboration with American Indian and Alaska Native (AI/AN) tribes, and to improve the health of AI/AN tribes by pursuing goals that include assisting in eliminating the health disparities faced by AI/AN tribes; ensuring that access to critical health and human services and public health services is maximized to advance or enhance the social, physical, and economic status of AI/ANs; and promoting health equity for all Indian people and communities. To advance these goals, CDC and ATSDR conducts government-to-government consultations with elected tribal officials or their authorized representatives. Consultation is an enhanced form of communication that emphasizes trust, respect, and shared responsibility. It is an open and free exchange of information and opinion among parties that leads to mutual understanding and comprehension.
Federal Implementation Plan for True Minor Sources in Indian Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural Gas Sector; Amendments to the Federal Minor New Source Review Program in Indian Country To Address Requirements for True Minor Sources in the Oil and Natural Gas Sector
81 FR 35943, (PDF)
SUMMARY: The Environmental Protection Agency (EPA) is finalizing a federal implementation plan (FIP) that applies to new true minor sources and minor modifications at existing true minor sources in the oil and natural gas production and natural gas processing segments of the oil and natural gas sector that are locating or expanding in Indian reservations or in other areas of Indian country over which an Indian tribe, or the EPA, has demonstrated the tribe's jurisdiction. The FIP satisfies the minor source permitting requirement under the ``Federal Minor New Source Review (NSR) Program in Indian Country'' (referred to as the ``Federal Indian Country Minor NSR rule''). For the oil and natural gas production and natural gas processing segments of the oil and natural gas sector, the FIP requires compliance with emission limitations and other requirements from certain federal emission standards as written at the time of construction or modification for compression ignition and spark ignition engines; process heaters; combustion turbines; fuel storage tanks; glycol dehydrators; completion of hydraulically fractured oil and natural gas wells; reciprocating and centrifugal compressors (except those located at well sites); pneumatic controllers; pneumatic pumps; storage vessels; and fugitive emissions from well sites, compressor stations and natural gas processing plants. The EPA is also finalizing several amendments to the Federal Indian Country Minor NSR rule, including adding new text regarding the purpose of the program, revising the program overview provision, revising certain provisions to incorporate compliance with the FIP, revising the applicability provision to establish that oil and natural gas sources are required to comply with the FIP unless they either opt to obtain a source-specific permit or are otherwise required to do so, and revising the source registration provision for oil and natural gas sources constructing under this FIP. Also, we are revising the applicability of the Federal Indian Country Minor NSR rule to comport with a court decision that addressed the scope of the EPA's jurisdiction to implement the Federal Indian Country Minor NSR rule in Indian country: Oklahoma Dept. of Environmental Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014). This court decision has the same effect on the scope of the EPA's jurisdiction under the Federal Major New Source Review Program for Nonattainment Areas in Indian Country and so we are changing the applicability of the Federal Indian Country Nonattainment Major NSR rule as well.
Notice of Tribal Consultation and Urban Confer Sessions on the State of the Great Plains Area Indian Health Service
81 FR 35786, (PDF)
SUMMARY: Notice is hereby given that the Indian Health Service will conduct a 90 day tribal consultation and urban confer regarding the State of the Great Plains Area IHS. The IHS will conduct two telephone tribal consultation and urban confer sessions on June 22, 2016 and August 10, 2016. The IHS will also conduct two on-site tribal consultation and urban confer sessions on July 13, 2016 in Aberdeen, South Dakota and on August 30, 2016 in Rapid City, South Dakota.
Comprehensive Child Welfare Information System
81 FR 35449, (PDF)
SUMMARY: This final rule replaces the Statewide and Tribal Automated Child Welfare Information Systems (S/TACWIS) rule with the Comprehensive Child Welfare Information System (CCWIS) rule. The rule also makes conforming amendments in rules in related requirements. This rule will assist title IV-E agencies in developing information management systems that leverage new innovations and technology in order to better serve children and families. More specifically, this final rule supports the use of cost-effective, innovative technologies to automate the collection of high-quality case management data and to promote its analysis, distribution, and use by workers, supervisors, administrators, researchers, and policy makers.
Requests To Exhume and Repatriate Native American Burials From Carlisle Indian Industrial School Cemetery; Public Listening Sessions
81 FR 35347, (PDF)
SUMMARY: The Army National Military Cemeteries (ANMC) announces that it will hold two public listening sessions to solicit information on tribal requests for exhumation of Native American human remains from the former Carlisle Indian Industrial School Cemetery located on Carlisle Barracks, PA. ANMC has received requests from two tribes to disinter and repatriate the remains of tribal children buried at this cemetery. The listening sessions will be held in conjunction with the National Council of the American Indian mid-year conference in Spokane, WA and the United South and Eastern Tribes annual meeting in Cherokee, NC. The listening sessions are intended to provide any tribe that may have tribal members buried in this cemetery with an opportunity to share their views on this topic with Agency representatives, along with any data or analysis they may have. All comments will be transcribed and available upon request from Mr. Art Smith, whose contact information is listed below in this notice. We encourage tribes to participate in these listening sessions.
Elementary and Secondary Education Act of 1965, As Amended by the Every Student Succeeds Act-Accountability and State Plans
81 FR 34539, (PDF)
SUMMARY: The Secretary proposes to amend the regulations implementing programs under title I of the Elementary and Secondary Education Act of 1965 (ESEA) to implement changes to the ESEA by the Every Student Succeeds Act (ESSA) enacted on December 10, 2015. The Secretary also proposes to update the current ESEA general regulations to include requirements for the submission of State plans under ESEA programs, including optional consolidated State plans.
Related News: Size matters: Decoding the new Education law (Indian Country Today) 6/7/16Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2016-17 Season
81 FR 34225, (PDF)
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 2016-17 migratory bird hunting season.
Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Hydaburg Cooperative Association of Alaska as an Acceptable Document To Denote Identity and Citizenship for Entry in the United States at Land and Sea Ports of Entry
81 FR 33686, (PDF)
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 Hydaburg Cooperative Association of Alaska (HCA Tribe) to U.S. and Canadian citizens as an acceptable travel document for purposes of the Western Hemisphere Travel Initiative. The approved card may be used to denote identity and citizenship of HCA Tribe members entering the United States from contiguous territory or adjacent islands at land and sea ports of entry.
2016 Final Fee Rate and Fingerprint Fees
81 FR 33703, (PDF)
SUMMARY: Notice is hereby given, pursuant to 25 CFR 514.2, that the National Indian Gaming Commission has adopted its 2016 final annual fee rates of 0.00% for tier 1 and 0.062% (.00062) for tier 2, which remain the same as the 2016 preliminary fee rates. The tier 2 annual fee rate represents the lowest fee rate adopted by the Commission in the last five years. 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 2016 final fee rate on Class II revenues shall be 0.031% (.00031) which is one-half of the annual fee rate. The final fee rates being adopted here are effective June 1, 2016, and will remain in effect until new rates are adopted. Pursuant to 25 CFR 514.16, the National Indian Gaming Commission has also adopted its fingerprint processing fees of $21 per card effective June 1, 2016.
Land Acquisitions; Cloverdale Rancheria of Pomo Indians of California
81 FR 31656, (PDF)
SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 61.83 acres, more or less, of land in trust for the Cloverdale Rancheria of Pomo Indians, California, for gaming and other purposes on April 29, 2016.
Equal Access to Housing in HUD's Native American and Native Hawaiian Programs-Regardless of Sexual Orientation or Gender Identity; Correction
81 FR 31201, (PDF)
SUMMARY: On May 9, 2016, HUD published a proposed rule that would revise regulations for HUD's Native American and Native Hawaiian programs to incorporate existing rules that require HUD programs to be open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. After publication, HUD discovered an inadvertent mistake in the preamble to the document. The preamble contained incomplete information in the For Further Information Contact section. This document revises the For Further Information Contact section of the preamble.
Title Evidence for Trust Land Acquisitions
81 FR 30173, (PDF)
SUMMARY: This rule deletes the requirement for fee-to-trust applicants to furnish title evidence that meets the ``Standards for the Preparation of Title Evidence in Land Acquisitions by the United States'' issued by the U.S. Department of Justice (DOJ), and replaces the requirement with a more targeted requirement for title evidence, because adherence to the DOJ standards is not required for acquisitions of land in trust for individual Indians or Indian tribes.
Revised Interpretation of Clean Water Act Tribal Provision
81 FR 30183, (PDF)
SUMMARY: Section 518 of the Clean Water Act (CWA), enacted as part of the 1987 amendments to the statute, authorizes EPA to treat eligible Indian tribes with reservations in a manner similar to states (TAS) for a variety of purposes, including administering each of the principal CWA regulatory programs and receiving grants under several CWA authorities. Since 1991, EPA has followed a cautious interpretation that has required tribes, as a condition of receiving TAS regulatory authority under section 518, to demonstrate inherent authority to regulate waters and activities on their reservations under principles of federal Indian common law. The Agency has consistently stated, however, that its approach was subject to change in the event of further congressional or judicial guidance addressing tribal authority under CWA section 518. Based on such guidance, EPA in the interpretive rule we are finalizing today concludes definitively that section 518 includes an express delegation of authority by Congress to Indian tribes to administer regulatory programs over their entire reservations, subject to the eligibility requirements in section 518. This reinterpretation streamlines the process for applying for TAS, eliminating the need for applicant tribes to demonstrate inherent authority to regulate under the Act and allowing eligible tribes to implement the congressional delegation of authority. The reinterpretation also brings EPA's treatment of tribes under the CWA in line with EPA's treatment of tribes under the Clean Air Act, which has similar statutory language addressing tribal regulation of Indian reservation areas. This interpretive rule does not revise any regulatory text. Regulatory provisions remain in effect requiring tribes to identify the boundaries of the reservation areas over which they seek to exercise authority and allowing the adjacent state(s) to comment to EPA on an applicant tribe's assertion of authority. This rule will reduce burdens on applicants associated with the existing TAS process and has no significant cost.
Proposed Finding Against Acknowledgment of the Georgia Tribe of Eastern Cherokee, Inc.
81 FR 29910-02, (PDF)
SUMMARY: The Department of the Interior (Department) gives notice that the Acting Assistant Secretary--Indian Affairs (AS-IA) proposes to determine that the petitioner known as the Georgia Tribe of Eastern Cherokee, Inc. is not an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioner has not submitted sufficient evidence to 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.
Indian Land Consolidation Lien Removal and Acquisition Fund Disposition
81 FR 29910-01, (PDF)
SUMMARY: This notice announces that the Department of the Interior (Department) is hosting a tribal consultation session regarding lien removal and Acquisition Fund disposition under the Indian Land Consolidation Program (ILCP).
Equal Access to Housing in HUD's Native American and Native Hawaiian Programs-Regardless of Sexual Orientation or Gender Identity
81 FR 28037, (PDF)
SUMMARY: This proposed rule would revise regulations for HUD's Native American and Native Hawaiian programs to incorporate existing rules that require HUD programs to be open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. Since HUD promulgated the ``Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity'' final rule in February, 2012, HUD has required that HUD-assisted and HUD- insured housing be made available in accordance with program eligibility requirements and without regard to sexual orientation, gender identity, or marital status, and has generally prohibited inquiries into sexual orientation or gender identity. In applying these non-discrimination requirements to HUD's Native American and Native Hawaiian programs, this proposed rule would further the Federal goal of providing decent housing and a suitable living environment for all.
Administration for Native Americans; Notice of Meeting
81 FR 27138, (PDF)
SUMMARY: The Department of Health and Human Services (Department), Administration for Children and Families (ACF), will host a Tribal Consultation to consult on ACF programs and tribal priorities.
Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs
81 FR 26826, (PDF)
SUMMARY: This notice publishes the current list of 567 Tribal entities recognized and eligible for funding and services from the Bureau of Indian Affairs (BIA) by virtue of their status as Indian Tribes. The list is updated from the notice published on January 29, 2016 (81 FR 5019).
List of Programs Eligible for Inclusion in Funding Agreements Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs and Fiscal Year 2016 Programmatic Targets
81 FR 25699 , (PDF)
SUMMARY: This notice lists programs or portions of programs that are eligible for inclusion in Funding Agreements with self-governance Indian Tribes and lists Fiscal Year 2016 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.
Rate Adjustments for Indian Irrigation Projects
81 FR 25691 , (PDF)
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.
Office of the Assistant Secretary-Indian Affairs; School Facilities Construction List
81 FR 25704 , (PDF)
SUMMARY: This notice announces that the Acting Assistant Secretary-- Indian Affairs has selected 10 schools as the next set of schools eligible to receive funding to replace their school facilities.
Endangered and Threatened Species; Take of Anadromous Fish
81 FR 24796 , (PDF)
SUMMARY: NMFS has evaluated the joint resource management plans (RMPs) submitted to NMFS by the Washington Department of Fish and Wildlife, and the Jamestown S'Klallam Tribe, Lummi Nation, Nooksack Tribe, Stillaguamish Tribe of Indians, and Tulalip Tribes, pursuant to the limitation on take prohibitions for actions conducted under Limit 6 of the 4(d) Rule for salmon and steelhead promulgated under the Endangered Species Act (ESA). The RMPs specify the propagation of early winter steelhead to support recreational and tribal fishing in the Dungeness, Nooksack, Stillaguamish, Skykomish, and Snoqualmie River watersheds of Washington State. This document serves to notify the public that NMFS, by delegated authority from the Secretary of Commerce, has determined pursuant to Limit 6 of the 4(d) rule for salmon and steelhead that implementing and enforcing the RMPs will not appreciably reduce the likelihood of survival and recovery of Puget Sound Chinook salmon, Hood Canal summer-run chum salmon, and Puget Sound steelhead. In compliance with the National Environmental Policy Act (NEPA), NMFS also announces the availability of its Record of Decision (ROD) on its Final Environmental Impact Statement (FEIS) for the five early-winter steelhead hatchery programs in Puget Sound.
Tribal Transportation Self-Governance Program
81 FR 24158 , (PDF)
SUMMARY: The FHWA is announcing its intent to establish a negotiated rulemaking committee to develop a proposed rule to carry the Tribal Transportation Self-Governance Program (TTSGP) as required by Section 1121 of the Fixing America's Surface Transportation (FAST) Act. The FHWA will select the tribal representatives for the committee from among elected officials of tribal governments (or their designated employees with authority to act on their behalf), acting in their official capacities and whose tribes have existing Title 23 U.S.C. funding agreements with the Department. To the maximum extent possible, FHWA will consider geographical location, size, and existing transportation and self-governance experience, in selecting tribal committee representatives. Per the FAST Act, the committee will assist in the development of a Notice of Proposed Rulemaking that contains the proposed regulations needed to implement the TTSGP.
Proposal of Certain Federal Water Quality Standards Applicable to Maine
81 FR 23239 , (PDF)
SUMMARY: The Environmental Protection Agency (EPA) proposes federal Clean Water Act (CWA) water quality standards (WQS) that would apply to certain waters under the state of Maine's jurisdiction. EPA proposes human health criteria (HHC) to protect the sustenance fishing use in those waters in Indian lands and for waters subject to sustenance fishing rights under the Maine Implementing Act (MIA) based on a fish consumption rate that represents an unsuppressed level of fish consumption by the four federally recognized tribes. EPA proposes six additional WQS for waters in Indian lands in Maine, two WQS for all waters in Maine including waters in Indian lands, and one WQS for waters in Maine outside of Indian lands. These proposed WQS take into account the best available science, including local and regional information, as well as applicable EPA policies, guidance, and legal requirements, to protect human health and aquatic life. EPA proposes these WQS to address various disapprovals of Maine's standards that EPA issued in February, March, and June 2015, and to address the Administrator's determination that Maine's disapproved HHC are not adequate to protect the designated use of sustenance fishing for certain waters.
Announcement of an Open Public Meeting.
81 FR 22583 , (PDF)
SUMMARY: This notice sets forth the schedule of an upcoming public meeting conducted by the National Advisory Council on Indian Education (NACIE). Notice of the meeting is required by section 10(a)(2) of the Federal Advisory Committee Act and intended to notify the public of its opportunity to attend. In order to facilitate the Secretary's attendance, this notice is being published less than 15 days prior to the scheduled meeting date.
Draft 2016-2020 Environmental Justice Strategic Plan
81 FR 22303 , (PDF)
SUMMARY: This notice announces the availability of the Department of the Interior's (Department) draft 2016-2020 Environmental Justice Strategic Plan (Strategic Plan). This draft Strategic Plan builds on the Department's 2012-2017 Environmental Justice Strategic Plan and will guide the Department's actions regarding environmental justice for the upcoming years. Updates to Federal agencies' environmental justice strategic plans are conducted periodically to increase interagency cooperation and participation opportunities for minority, low-income, American Indian and Alaska Native Communities, and Tribal governments.
Title Evidence for Trust Land Acquisitions
81 FR 22183, (PDF)
SUMMARY: The Bureau of Indian Affairs (BIA) published an interim final rule on title evidence for trust land acquisitions and received comments during the public comment period. The BIA anticipates making technical revisions to the rule in response to those comments. This notice delays the effective date of the interim final rule for 30 days, during which time BIA plans to publish a final rule with technical revisions.
Adoption and Foster Care Analysis and Reporting System
81 FR 20283 , (PDF)
SUMMARY: On February 9, 2015, the Administration for Children and Families (ACF) published a Notice of Proposed Rulemaking (NPRM) to amend the Adoption and Foster Care Analysis and Reporting System (AFCARS) regulations to modify the requirements for title IV-E agencies to collect and report data to ACF on children in out-of-home care and who were adopted or in a legal guardianship with a title IV-E subsidized adoption or guardianship agreement. In this supplemental notice of proposed rulemaking (SNPRM), ACF proposes to require that state title IV-E agencies collect and report additional data elements related to the Indian Child Welfare Act of 1978 (ICWA) in the AFCARS. ACF will consider the public comments on this SNPRM as well as comments already received on the February 9, 2015 NPRM and issue one final AFCARS rule.
Related News Story: Federal agency publishes proposed rule, announces major grant to implement ICWA (Indian Country Today) 4/7/16Office of Direct Service and Contracting Tribes; Tribal Management Grant Program
81 FR 20396, (PDF)
Rights-of-Way on Indian Land
81 FR 19877, (PDF)
SUMMARY: The Bureau of Indian Affairs (BIA) published a final rule on November 19, 2015, governing rights-of-way on Indian land, which stated that procedural provisions of the final rule would apply (with certain exceptions) to rights-of-way granted or submitted to BIA prior to the effective date of the final rule. This document provides guidance on what provisions the Department considers to be ``procedural provisions'' that are applicable to rights-of-way granted or submitted prior to the effective date of the final rule.
Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota
81 FR 17198-02, (PDF)
SUMMARY: This notice informs the public that the Assistant Secretary-- Indian Affairs proclaimed approximately 77.00 acres, more or less, an addition to the reservation of the Shakopee Mdewakanton Sioux Community of Minnesota on March 22, 2016.
Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota
81 FR 17198-01, (PDF)
SUMMARY: This notice informs the public that the Assistant Secretary-- Indian Affairs proclaimed approximately 80.00 acres, more or less, an addition to the reservation of the Shakopee Mdewakanton Sioux Community of Minnesota on March 22, 2016.
Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota
81 FR 17197-02, (PDF)
SUMMARY: This notice informs the public that the Assistant Secretary-- Indian Affairs proclaimed approximately 80.00 acres, more or less, an addition to the reservation of the Shakopee Mdewakanton Sioux Community of Minnesota on March 22, 2016.
Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota
81 FR 17197-01, (PDF)
SUMMARY: This notice informs the public that the Assistant Secretary-- Indian Affairs proclaimed approximately 2.79 acres, more or less, an addition to the reservation of the Shakopee Mdewakanton Sioux Community of Minnesota on March 22, 2016.
Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota
81 FR 17196 , (PDF)
SUMMARY: This notice informs the public that the Assistant Secretary-- Indian Affairs proclaimed approximately 0.92 acres, more or less, an addition to the reservation of the Shakopee Mdewakanton Sioux Community of Minnesota on March 22, 2016.
American Indians Into Nursing; Nursing Program
81 FR 17181, (PDF)
Contract Support Costs
81 FR 16203 , (PDF)
SUMMARY: This notice announces that the Office of the Assistant Secretary--Indian Affairs (AS-IA) will be hosting tribal consultation sessions on a streamlined draft policy that will address contract support costs (CSC) incurred by Tribes under Indian Self-Determination and Education Assistance Act (ISDEAA) self-determination contracts and Self-Governance funding agreements.
Office of Tribal Self-Governance; Negotiation Cooperative Agreement
81 FR 15533, (PDF)
Office of Tribal Self-Governance; Planning Cooperative Agreement
81 FR 15526 , (PDF)
Payment for Physician and Other Health Care Professional Services Purchased by Indian Health Programs and Medical Charges Associated With Non-Hospital-Based Care
81 FR 14977, (PDF)
SUMMARY: The Secretary of the Department of Health and Human Services (HHS) hereby issues this final rule with comment period to implement a methodology and payment rates for the Indian Health Service (IHS) Purchased/Referred Care (PRC), formerly known as the Contract Health Services (CHS), to apply Medicare payment methodologies to all physician and other health care professional services and non-hospital- based services. Specifically, it will allow the health programs operated by IHS, Tribes, Tribal organizations, and urban Indian organizations (collectively, I/T/U programs) to negotiate or pay non-I/ T/U providers based on the applicable Medicare fee schedule, prospective payment system, Medicare Rate, or in the event of a Medicare waiver, the payment amount will be calculated in accordance with such waiver; the amount negotiated by a repricing agent, if applicable; or the provider or supplier's most favored customer (MFC) rate. This final rule will establish payment rates that are consistent across Federal health care programs, align payment with inpatient services, and enable the I/T/U to expand beneficiary access to medical care. A comment period is included, in part, to address Tribal stakeholder concerns about the opportunity for meaningful consultation on the rule's impact on Tribal health programs.
Rights-of-Way on Indian Land
81 FR 14976 , (PDF)
SUMMARY: The Bureau of Indian Affairs (BIA) is announcing the extension of the effective date of the final rule published November 19, 2015 governing rights-of-way on Indian land, which was scheduled to take effect on December 21, 2015, and later extended to March 21, 2016. The final rule will now take effect on April 21, 2016. The BIA is also announcing an extension of the compliance date by which documentation of past assignments must be submitted from the extended date of July 17, 2016, to August 16, 2016. The final rule comprehensively updates and streamlines the process for obtaining Bureau of Indian Affairs (BIA) grants of rights-of-way on Indian land and BIA land, while supporting tribal self-determination and self-governance.
Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota
81 FR 14484-01, -02, -03, (PDF)
SUMMARY: This notice informs the public that the Assistant Secretary-- Indian Affairs proclaimed approximately 20.00 acres, more or less, an addition to the reservation of the Shakopee Mdewakanton Sioux Community of Minnesota on March 11, 2016.
HEARTH Act Approval of Shakopee Mdewakanton Sioux Community Regulations
81 FR 13817, (PDF)
SUMMARY: On March 3, 2016, the Bureau of Indian Affairs (BIA) approved the Shakopee Mdewakanton Sioux Community leasing regulations under the HEARTH Act. With this approval, the Tribe is authorized to enter into the following type of leases without BIA approval: Business site leases.
Recognition of Tribal Organizations for Representation of VA Claimants
81 FR 12626, (PDF)
SUMMARY: The Department of Veterans Affairs (VA) is considering issuing a proposed rulemaking to amend its regulations concerning recognition of certain national, State, and regional or local organizations for purposes of VA claims representation. Specifically, the proposed rulemaking would amend VA's regulations to expressly provide for the VA recognition of Tribal organizations so that representatives of Tribal organizations may assist Native American claimants in the preparation, presentation, and prosecution of their VA benefit claims. In addition, the proposed rule would allow an employee of a Tribal government to become accredited through a recognized State organization.
Final Directives on American Indian and Alaska Native Relations Forest Service Manual 1500, Chapter 1560, and Forest Service Handbook 1509.13, Chapter 10
81 FR 12447, (PDF)
SUMMARY: The Forest Service has revised its internal Agency directives for American Indian and Alaska Native Relations to update existing direction for the Agency to work effectively with Indian tribes. The directives were last revised in 2004, with an Interim Directive issued in 2012. The final issuance of these directives, effective upon publication, will provide consistent overall internal Forest Service policy to: Explain the methods used to engage with tribes on a government-to-government basis, describe the authorities for working with tribes, delineate meaningful consultation procedures, and outline dispute resolution options. The tribal and public comment period closed concurrently on September 22, 2015. The Agency considered all comments in developing these final directives.
Reimbursement Rates for Calendar Year 2016
81 FR 12513, (PDF)
SUMMARY: Notice is given that the Principal Deputy Director of the Indian Health Service (IHS), under the authority of sections 321(a) and 322(b) of the Public Health Service Act (42 U.S.C. 248 and 249(b)), Public Law 83-568 (42 U.S.C. 2001(a)), and the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), has approved the following rates for inpatient and outpatient medical care provided by IHS facilities for Calendar Year 2016 for Medicare and Medicaid beneficiaries, beneficiaries of other Federal programs, and for recoveries under the Federal Medical Care Recovery Act (42 U.S.C. 2651- 2653). The Medicare Part A inpatient rates are excluded from the table below as they are paid based on the prospective payment system. Since the inpatient per diem rates set forth below do not include all physician services and practitioner services, additional payment shall be available to the extent that those services are provided.
Indian Child Welfare Act; Designated Tribal Agents for Service of Notice
81 FR 10887 , (PDF)
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.
Title Evidence for Trust Land Acquisitions
81 FR 10477, (PDF)
SUMMARY: This rule deletes the requirement for fee-to-trust applicants to furnish title evidence that meets the ``Standards for the Preparation of Title Evidence in Land Acquisitions by the United States'' issued by the U.S. Department of Justice (DOJ), and replaces the requirement with a more targeted requirement for title evidence, because adherence to the DOJ standards is not required for acquisitions of land in trust for individual Indians or Indian tribes.
Financial Assistance and Social Services Programs; Burial Assistance
81 FR 10475, (PDF)
SUMMARY: Current regulations allow for burial assistance for eligible indigent Indians but require submission of the application within 30 days of the Indian's death. This rule would extend the deadline for filing an application to 180 days to address hardships resulting from the current short timeframe.
2016 Preliminary Fee Rate and Fingerprint Fees
81 FR 10276, (PDF)
SUMMARY: Notice is hereby given, pursuant to 25 CFR 514.2, that the National Indian Gaming Commission has adopted its 2016 preliminary annual fee rates of 0.00% for tier 1 and 0.062% (.00062) for tier 2. While the rate for tier 1 remains the same, tier 2 decreases from 0.065% to 0.062%. The tier 2 preliminary annual fee rate represents the lowest fee rate adopted by the Commission in the last five years. 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 2016 preliminary fee rate on Class II revenues shall be 0.031% (.00031) which is one-half of the annual fee rate. The preliminary fee rates being adopted here are effective March 1, 2016 and will remain in effect until new rates are adopted. Pursuant to 25 CFR 514.16, the National Indian Gaming Commission has also adopted its fingerprint processing fees of $21 per card effective March 1, 2016.
Draft Food and Drug Administration Tribal Consultation Policy; Availability; Request for Comments
81 FR 10256, (PDF)
SUMMARY: The Food and Drug Administration (FDA or we) is announcing the availability of the draft FDA Tribal Consultation Policy. We are also announcing the establishment of a docket to receive comments on the draft FDA Tribal Consultation Policy. The purpose of the FDA Tribal Consultation Policy, when finalized, is to establish clear policies to further the government-to-government relationship between FDA and American Indian and Alaskan Native Tribes (hereafter, Indian Tribes) and facilitate tribal consultation with FDA. The draft FDA Tribal Consultation Policy provides background on FDA's mission and organizational structure and sets out principles and guidelines for the tribal consultation process.
Model Indian Juvenile Code
81 FR 10273, (PDF)
SUMMARY: The Bureau of Indian Affairs is announcing availability of a draft Model Indian Juvenile Code for comment. The draft Model Indian Juvenile Code is intended as a tool to assist Indian Tribes in creating or revising their juvenile codes.
Fiscal Year 2014-2015 Public Transportation on Indian Reservations Program Project Selections
81 FR 8818, (PDF)
CORRECTION ADDED 81 FR 9931 (2/26/16)
SUMMARY: The Federal Transit Administration (FTA) announces the selection of projects with Fiscal Year (FY) 2014 and FY 2015 appropriations for the Public Transportation on Indian Reservations Program Tribal Transit Program (TTP), as authorized by Section 5311 (j) of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-14 (July 2012). On December 9, 2014 FTA published a Federal Register Notice (79 FR 236) announcing the availability of Federal funding for the program. MAP-21 authorized approximately $5 million annually for federally recognized Indian Tribes or Alaska Native villages, groups, or communities as identified by the Bureau of Indian Affairs (BIA) in the U.S. Department of the Interior for public transportation. FTA is allocating a total of approximately $10 million to selected projects in this notice since we are including FY 2015 funding described in the December 2014 Notice of Funding Availability (NOFA). The TTP supports many types of projects including: Operating costs to enable tribes to start or continue transit services; capital to enable tribal investment in new or replacement equipment; and funding for tribal transit planning activities for public transportation services on and around Indian reservations. TTP services link tribal citizens to employment, food, healthcare, school, social services, recreation/leisure, and other key community connections. FTA funds may only be used for eligible purposes defined under 49 U.S.C 5311 and described in the FTA Circular 9040.1G and consistent with the specific eligibility and priorities established in the December 2014 NOFA.
Workforce Investment Act; Native American Employment and Training Council Meeting
81 FR 7155, (PDF)
SUMMARY: Pursuant to Section 10 (a)(2) of the Federal Advisory Committee Act (FACA) (Pub. L. 92-463), as amended, and Section 166 (i)(4) of the Workforce Innovation and Opportunity Act (WIOA) [29 U.S.C. 3221(i)(4))], notice is hereby given of the next meeting of the Native American Employment and Training Council (Council), as constituted under WIOA.
Tribal Consultation Meetings
81 FR 6864, (PDF)
SUMMARY: Pursuant to the Improving Head Start for School Readiness Act of 2007, Public Law 110-134, notice is hereby given of three 1-day Tribal Consultation Sessions to be held between the Department of Health and Human Services (HHS), 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)].
Proposed Appointment to the National Indian Gaming Commission
81 FR 6537, (PDF)
SUMMARY: The Indian Gaming Regulatory Act provides for a three-person National Indian Gaming Commission. One member, the Chair, is appointed by the President with the advice and consent of the Senate. Two associate members are appointed by the Secretary of the Interior (Secretary). Before appointing members, the Secretary is required to provide public notice of a proposed appointment and allow a comment period. Notice is hereby given of the proposed appointment of Kathryn Isom-Clause as an associate member of the National Indian Gaming Commission for a term of 3 years.
Request for Nominations of Members To Serve on the Bureau of Indian Education Advisory Board for Exceptional Children
81 FR 6289, (PDF)
SUMMARY: Pursuant to the Federal Advisory Committee Act and the Individuals with Disabilities Education Act of 2004 (IDEA), the Bureau of Indian Education (BIE) requests nominations of individuals to serve on the Advisory Board for Exceptional Children (Advisory Board). There are two positions available. The BIE will consider nominations received in response to this request for nominations, as well as other sources. The Supplementary Information section of this notice provides committee and membership criteria.
Advisory Board for Exceptional Children
81 FR 6290, (PDF)
SUMMARY: The Bureau of Indian Education (BIE) is announcing that the Advisory Board for Exceptional Children (Advisory Board) will hold its next meeting in Albuquerque, New Mexico. 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.
Native American Graves Protection and Repatriation Review Committee; Meetings
81 FR 5481, (PDF)
SUMMARY: Notice is hereby given in accordance with the Federal Advisory Committee Act, (5 U.S.C. Appendix 1-16), of four meetings of the Native American Graves Protection and Repatriation Review Committee (Review Committee). All meetings will be open to the public.
Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs
81 FR 5019, (PDF)
SUMMARY: This notice publishes the current list of 566 Tribal entities recognized and eligible for funding and services from the Bureau of Indian Affairs (BIA) by virtue of their status as Indian Tribes. The list is updated from the notice published on January 14, 2015.
United States Assumption of Concurrent Federal Criminal Jurisdiction; Mille Lacs Band of Ojibwe
81 FR 4335, (PDF)
SUMMARY: The Deputy Attorney General, exercising authority delegated by the Attorney General, is granting the request by the Mille Lacs Band of Ojibwe for United States Assumption of Concurrent Federal Criminal Jurisdiction, pursuant to the provisions of 28 CFR 50.25. Concurrent federal criminal jurisdiction will take effect on January 1, 2017.
Catastrophic Health Emergency Fund
81 FR 4239, (PDF)
SUMMARY: The Indian Health Service (IHS) administers the Catastrophic Health Emergency Fund, The purpose of CHEF is to meet the extraordinary medical costs associated with the treatment of victims of disasters or catastrophic illnesses who are within the responsibility of the Service. This proposed rule: Proposes definitions governing the CHEF; establishes that a Service Unit shall not be eligible for reimbursement for the cost of treatment until the episode of care's cost has reached a certain threshold; establishes a procedure for reimbursement for certain services exceeding a threshold cost; establishes a procedure for payment for certain cases; and, establishes a procedure to ensure payment will not be made from CHEF if other sources of payment (Federal, state, local, private) are available.
Statement of Findings: Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act
81 FR 4063, (PDF)
SUMMARY: The Secretary of the Interior is publishing this notice in accordance with section 10808(d) of the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2009 (Pub. L. 111-11) (Settlement Act). Congress enacted the Settlement Act as Title X, Subtitle C of the Omnibus Public Land Management Act of 2009. The publication of this notice causes the waivers and release of certain claims to become effective as required by the Settlement Act.
Treatment of Indian Tribes in a Similar Manner as States for Purposes of Section 303(d) of the Clean Water Act
81 FR 2791, (PDF)
SUMMARY: In section 518(e) of the Clean Water Act (CWA), Congress authorized EPA to treat eligible federally recognized Indian tribes in a similar manner as states for purposes of administering section 303 and certain other provisions of the CWA, and directed the agency to promulgate regulations effectuating this authorization. EPA has issued regulations establishing a process for federally recognized tribes to obtain treatment in a similar manner as states (TAS) for several provisions of the CWA; 50 tribes, for example, have obtained TAS authority to issue water quality standards under CWA section 303(c). EPA, however, has not yet promulgated regulations expressly establishing a process for such tribes to obtain TAS authority to administer the water quality restoration provisions of CWA section 303(d), including issuing lists of impaired waters and developing total maximum daily loads (TMDLs) under CWA section 303(d), as states routinely do. EPA is now proposing to remedy this gap. By establishing regulatory procedures for eligible tribes to obtain TAS for the CWA Section 303(d) Impaired Water Listing and TMDL Program, the proposed rule would enable eligible tribes to obtain authority to identify impaired waters on their reservations and to establish TMDLs, which serve as plans for attaining and maintaining applicable water quality standards (WQS). The proposal is comparable to similar regulations that EPA issued in the 1990s for the CWA Section 303(c) WQS and CWA Section 402 and 404 Permitting Programs, and includes features designed to minimize paperwork and unnecessary reviews. EPA requests comments on all aspects of the proposed rule.
Land Buy-Back Program for Tribal Nations Under Cobell Settlement
81 FR 1639, (PDF)
SUMMARY: On November 4, 2015, the Department of the Interior released the 2015 Status Report for the Land Buy-Back Program for Tribal Nations (Buy-Back Program or Program), which summarizes its implementation to date: https://www.doi.gov/buybackprogram/about. Since December 2013, the Program has paid nearly $715 million to individual landowners and has restored approximately 1.5 million acres of land to tribal governments. The Report highlights the Program's launch of two efforts to help determine its next implementation schedule. The two-pronged planning initiative seeks input from tribal governments and landowners who are interested in participating in the Program. Eligible tribal governments not already scheduled for implementation are invited to formally indicate their interest in participating in the Program no later than March 11, 2016. More information is available to tribal leaders at: https://www.doi.gov/buybackprogram/tribes. Additionally, the Program has launched a nationwide recruitment drive to identify and engage landowners who are interested in learning more about this opportunity. The Department also announced that Deputy Secretary Connor will host a Listening Session on March 3, 2016, at the Albuquerque Convention Center in Albuquerque, New Mexico, from 1:00-5:00 p.m. MT.
Sovereignty in Indian Education
81 FR 1200, (PDF)
SUMMARY: The Bureau of Indian Education (BIE) previously announced the availability of enhancement funds to Tribes and their Tribal education departments (TEDs) to promote Tribal control and operation of BIE- funded schools on their reservations. This notice extends the deadline for Tribes with at least one BIE-funded school on their reservation to submit grant proposals.
Proclaiming Certain Lands as Reservation for the Mashpee Wampanoag
81 FR 948, (PDF)
SUMMARY: This notice informs the public that the Assistant Secretary-- Indian Affairs proclaimed approximately 321.34 acres, more or less, as the initial reservation of the Mashpee Wampanoag Tribe on December 30, 2015.
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