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2023 Federal Register Documents

Last updated: November 29, 2023

Next update should be ready by: December 6, 2023

Recently Added Content:

PROPOSED RULE
Bureau of Land Management, Interior.
(11/21/23)

Temporary Closure and Restriction Orders
88 FR 81022

SUMMARY: The Bureau of Land Management (BLM) proposes to modernize and streamline how the agency notifies the public of temporary closure and restriction orders; clarify that the BLM may issue temporary closure or restriction orders to implement management responsibilities, avoid conflicts among public land users, and ensure the privacy of Tribal activities for traditional or cultural use; require that all orders specify the date and time that a temporary closure or restriction becomes effective and terminates; and make the penalties for violating temporary closure and restriction orders consistent with current statutory authority.

NOTICE OF ADOPOTION OF CATEGORICAL EXCLUSION
Environmental Protection Agency.
(11/17/23)

Notice of Adoption of a Bureau of Indian Affairs Categorical Exclusion Under the National Environmental Policy Act
88 FR 80298

SUMMARY: The Environmental Protection Agency (EPA) has adopted a Bureau of Indian Affairs' (BIA) categorical exclusion (CE) for waste management activities involving remediation of hazardous waste sites under the National Environmental Policy Act (NEPA) for use by the EPA's Contaminated Alaska Native Claims Settlement Act (ANCSA) Lands Assistance Program. This notice describes the categories of proposed actions for which EPA intends to use BIA's CE and describes the consultation between the agencies.

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Older Documents:

December

 

November

NOTICE OF DECISION APPROVING LANDS FOR CONVEYANCE
Bureau of Land Management, Interior.
(11/13/23)

Alaska Native Claims Selection
88 FR 77607

SUMMARY: The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface and subsurface estates in certain lands to Calista Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971 (ANCSA).

PROCLAMATION 10667
A Presidential Document by the Executive Office of the President
(11/3/23)

National Native American Heritage Month, 2023
88 FR 75469

NOTICE
Federal Aviation Administration (FAA), Department of Transportation (DOT).
(11/2/23)

Notice of Availability of Consultation Documents for Public Comment Under Section 106 of the National Historic Preservation Act
88 FR 75364

SUMMARY: The FAA, in cooperation with the National Park Service (NPS) (together the agencies), has initiated development of an Air Tour Management Plan (ATMP) for Canyon de Chelly National Monument (the Park) pursuant to the National Parks Air Tour Management Act (NPATMA) of 2000 and its implementing regulations. The agencies determined that the development of an ATMP constitutes a Federal undertaking subject to compliance the National Historic Preservation Act of 1966, as amended (NHPA). The agencies have initiated the section 106 process with the Navajo Nation Tribal Historic Preservation Officer, Tribes, and other consulting parties. This notice announces the opportunity for the public to comment on the results of the FAA's efforts to identify historic properties, evaluate the properties' significance, and assess the undertaking's effects on them.

INSEASON REAPPORTIONMENT OF TRIBAL PACIFIC WHITING ALLOCATION
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
(11/2/23)

Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors
88 FR 75238

SUMMARY: This document announces the reapportionment of 45,000 metric tons of Pacific whiting from the tribal allocation to the non-tribal commercial fishery sectors via automatic action on September 27, 2023. This reapportionment is to allow full utilization of the Pacific whiting resource.

CORRECTING AMENDMENT
Bureau of Land Management, Interior.
(11/1/23)

Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Codification of Onshore Orders 1, 2, 6, and 7; Correction
88 FR 74890

SUMMARY: On June 16, 2023, the Bureau of Land Management (BLM) published a final rule that codified Onshore Order 1—Approval of Operations; Onshore Order 2—Drilling Operations on Federal and Indian Oil and Gas Leases; Onshore Order 6—Hydrogen Sulfide Operations; and Onshore Order 7—Disposal of Produced Water into the Code of Federal Regulations (CFR). This action corrects two cross references in that regulation.

 

October

NOTICE OF INTENTION TO AWARD NON-COMPETITIVE COOPERATIVE AGREEMENT
National Endowment for the Humanities; National Foundation on the Arts and the Humanities.
(10/26/23)

Announcement of Award of a Non-Competitive Cooperative Agreement
88 FR 73628

SUMMARY: NEH intends to award $491,049 to the National Native American Boarding School Healing Coalition (NABS) for continued survey work and prioritization of primary sources documenting the history of Indian boarding schools in the U.S.; digitization and description of 120,000 pages of federal boarding school records held by the National Archives and Records Administration (NARA); and collaboration among source communities, the National Indian Boarding School Digital Archive Data Aggregation Working Group, the Social Networks and Archival Context cooperative, and federal partners. This action is necessary to further the development of digital access to records significant to public understanding of the history and impacts of Indian boarding schools in the U.S. Because NABS has invested four years into developing a unique platform with the technical considerations to aggregate boarding school records of various sizes and formats and leads an established community of practice creating standards and best practices in boarding school record curation, NEH determined that a competition to fund the construction of a similar platform and capacities would be uneconomical and impractical.

NOTICE OF TRIBAL CONSULTATION MEETINGS AND REQUEST FOR COMMENTS
United States Patent and Trademark Office, Department of Commerce.
(10/24/23)

Formal Tribal Consultation on WIPO IGC Negotiations
88 FR 73000

SUMMARY: The United States Patent and Trademark Office (USPTO), Department of Commerce, announces a formal Tribal Consultation, and requests written comments on issues involving genetic resources (GR), traditional knowledge (TK), and traditional cultural expressions (TCEs). These topics are being discussed at the World Intellectual Property Organization (WIPO). Specifically, the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (traditional cultural expressions) (WIPO IGC) is undertaking negotiations regarding how best to protect GR, TK, and TCEs of Indigenous Peoples.

NOTICE OF FINAL REPORT
Bureau of Indian Affairs, Interior.
(10/20/23)

Johnson-O'Malley Program
88 FR 72528

SUMMARY: Under the Johnson-O'Malley (JOM) Act of 1934, as amended by the JOM Supplemental Indian Education Program Modernization Act of 2018, the Bureau of Indian Education (BIE) is publishing a Final Report that describes the initial determination of the number of eligible Indian students served or potentially served by each eligible entity, the data used for BIE to make such determination, feedback gained during the comment period, and justification for not applying feedback gained during the comment period.

NOTICE, WITH REQUEST FOR COMMENTS
Office of Public and Indian Housing, HUD.
(10/17/23)

Notice of Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program
88 FR 71586

SUMMARY: The U.S. Department of Housing and Urban Development (HUD) is committed to advancing digital opportunities in HUD-assisted communities by expanding its ConnectHomeUSA initiative to between 50 and 100 new communities. HUD's ConnectHome pilot program was launched in 2015 to address the “homework gap” for students in grades K–12 living in public and Indian housing. HUD partnered with interested public housing authorities and tribes to join forces with their city and tribal leadership to close this gap in twenty-eight HUD-assisted communities. Through this notice, HUD solicits comment on the expansion and restructuring of its demonstration program (ConnectHomeUSA) that is designed to further the collaborative efforts by government, industry, and nonprofit organizations to accelerate broadband internet adoption and use in HUD-assisted homes.

PROCLAMATION 10649
A Presidential Document by the Executive Office of the President
(10/12/23)

Indigenous Peoples' Day, 2023
88 FR 70573

NOTICE OF MEETING AND REQUEST FOR TESTIMONY
Substance Abuse and Mental Health Services Administration (SAMHSA), HHS.
(10/4/23)

Tribal Opioid Response (TOR) Consultation
88 FR 68642

SUMMARY: SAMHSA announces a Tribal Consultation Session on the Tribal Opioid Response (TOR) grant funding methodology. SAMHSA will host American Indian and Alaska Native (AI/AN) Federally Recognized Tribes for a virtual Tribal consultation session.

NOTICE
Indian Health Service, HHS.
(10/4/23)

Special Diabetes Program for Indians
88 FR 68630

SUMMARY: The Indian Health Service (IHS) is accepting applications for the Special Diabetes Program for Indians (SDPI—formerly Community-Directed SDPI). This program is authorized under the Snyder Act, 25 U.S.C. 13; the Transfer Act, 42 U.S.C. 2001(a); and Section 330C of the Public Health Service Act, codified at 42 U.S.C. 254c–3. The Assistance Listings section of SAM.gov (https://sam.gov/content/home) describes this program under 93.237.

NOTICE
Environmental Protection Agency (EPA).
(10/4/23)

Notice of Approval Status; EPA Plan for the Federal Certification of Applicators Within Indian Country
88 FR 68604

SUMMARY: The Environmental Protection Agency (EPA) is announcing its approval of the revised EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides within Indian Country (2023 EPA Plan). The 2023 EPA Plan is specific to the use of restricted use pesticides (RUPs) in Indian country. Because of limitations in Certification of Pesticide Applicators Rule (CPA Rule), RUPs may not be used legally in Indian country unless the Tribe has an EPA-approved certification plan, the Tribe has entered into an agreement with EPA, or EPA has issued a Federal certification plan for Indian country. The 2023 EPA Plan supersedes the 2014 EPA Plan and ensures applicators in Indian country have the competence needed to use RUPs. The amended plan is consistent with the existing regulatory requirements, including revisions made in 2017 to enhance and improve the competency of certified applicators of RUPs and persons working under their direct supervision. The 2017 regulatory revisions are intended to further reduce potential exposure of RUPs to certified applicators and those working under their direct supervision, other workers, the public, and the environment. Federal, State, Territory, and Tribal certifying authorities with existing certification plans were required to revise their existing plans to conform with the updated Federal standards for RUP applicator certification and receive EPA approval by the established regulatory deadline.

September

NOTICE OF RESERVATION PROCLAMATION
Bureau of Indian Affairs, Interior.
(9/29/23)

Proclaiming Certain Lands as Reservation for Kalispel Indian Community of the Kalispel Reservation
88 FR 67342

SUMMARY: This notice informs the public that the Assistant Secretary—Indian Affairs proclaimed approximately 20.06 acres, more or less, as an addition to the reservation of Kalispel Indian Community of the Kalispel Reservation.

NOTICE OF RESERVATION PROCLAMATION
Bureau of Indian Affairs, Interior.
(9/29/23)

Proclaiming Certain Lands as Reservation for Confederated Tribes of the Chehalis Reservation of Washington
88 FR 67339

SUMMARY: This notice informs the public that the Assistant Secretary—Indian Affairs proclaimed approximately 254.363 acres, more or less, as an addition to the reservation of Confederated Tribes of the Chehalis Reservation of Washington.

NOTICE
National Endowment for the Arts.
(9/19/23)

2023 Tribal Consultation
88 FR 64474

SUMMARY: The National Endowment for the Arts will conduct a Tribal Consultation at the 2023 International Conference of Indigenous Tribal Archives, Libraries, and Museums in Oklahoma City, Oklahoma on Wednesday, October 25, 2023, 2:30–3:30 p.m. CDT.

PROPOSED RULE
Federal Communications Commission.
(9/14/23)

Radio Broadcasting Services; Lac du Flambeau, Wisconsin
88 FR 63048

SUMMARY: This document requests comments on a petition for rule making filed by L.D.F. Business Development Corp., the non-gaming wholly-owned business entity of the Lac du Flambeau Band of Lake Superior Chippewa Indians (LDF Tribe), proposing to amend the FM Table of Allotments, by allotting Channel 225A at Lac du Flambeau, Wisconsin, as a Tribal allotment and the community's first local service. A staff engineering analysis indicates that Channel 225A can be allotted to Lac du Flambeau, Wisconsin, consistent with the minimum distance separation requirements of the Commission's rules, with a site restriction of 12.1 km (7.5 miles) northwest of the community. The reference coordinates are 46–01–14 NL and 89–44–54 WL. Lac du Flambeau, Wisconsin is located within 320 kilometers (199 miles) of the U.S.-Canada border. Commission staff has requested Canadian concurrence.

FINAL RULE
Fish and Wildlife Service, Interior.
(9/1/23)

Migratory Bird Hunting; Migratory Game Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands
88 FR 60375

SUMMARY: As part of the rulemaking process for the 2023–2024 season for migratory game bird hunting, the U.S. Fish and Wildlife Service (hereinafter, Service or we) has revised the process for establishing regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. The Service recognizes Tribal treaty rights and the reserved hunting rights and management authority of Indian Tribes and seeks to strengthen Tribal sovereignty. We will no longer require that Tribes annually submit a proposal to the Service for our review and approval and no longer publish in the Federal Register the annual Tribal migratory bird hunting regulations. Instead, the regulations now include elements of our current guidelines for establishing migratory game bird hunting regulations on Federal Indian reservations (including off-reservation trust lands) and ceded lands. Since 1985, Tribal migratory bird harvest has been small with negligible impact to bird population status, and we anticipate that Tribal hunting of migratory birds will continue to have similar negligible impacts to bird populations in the future. This rule will reduce administrative burdens on both the Tribes and the Service while continuing to sustain healthy migratory game bird populations for future generations.

 

August

NOTICE OF ORDER OF SUCCESSION
Office of Public and Indian Housing, U.S. Department of Housing and Urban Development (HUD).
(8/28/23)

Order of Succession for the Office of Public and Indian Housing
88 FR 58594

SUMMARY: In this notice, the Principal Deputy Assistant Secretary designates the order of succession for the Office of Public and Indian Housing (PIH). This order of succession revokes and supersedes all prior orders of succession for the Office of Public and Indian Housing, including the Order of Succession published in the Federal Register on April 7, 2015.

NOTICE
Bureau of Indian Affairs, Interior.
(8/25/23)

Receipt of Documented Petition for Federal Acknowledgment as an American Indian Tribe
88 FR 58299

SUMMARY: The Department of the Interior (Department) gives notice that the group known as the Fernandeño Tataviam Band of Mission Indians has filed a documented petition for Federal acknowledgment as an American Indian Tribe with the Assistant Secretary—Indian Affairs. The Department seeks comment and evidence from the public on the petition.

NOTICE OF AVAILABILITY; REQUEST FOR COMMENT
Office of State and Community Energy Programs, Department of Energy.
(8/16/23)

Notice of Availability of Tribal Allocation Formula for the Tribal Home Electrification and Appliance Rebates Programs
88 FR 55674

SUMMARY: The Department of Energy (DOE or the Department) is publishing its intended allocation formula that will be used to distribute funds to Indian Tribes through the $225 million Tribal Home Electrification and Appliance Rebates program. The purpose of the Tribal Home Electrification and Appliance Rebates program is to help Tribal households to reduce energy bills, increase home comfort, improve indoor air quality, and reduce emissions by providing direct funding for energy efficiency and electrification home upgrades. This notice provides the tentative allocation formula developed by the Department to distribute funds to Tribes, as well as the allocation amounts and data used to calculate allocations. This notice also describes how Tribes may partner with other Tribes through consortia to submit a single application to DOE, and how Tribes may authorize a third-party agent to handle the application and administration of a grant award.

NOTICE OF PUBLIC MEETING AND REQUEST FOR COMMENT
Federal Transit Administration (FTA), Department of Transportation (DOT).
(8/15/23)

Public Transportation on Indian Reservations Program; Tribal Transit Program
88 FR 55498

SUMMARY: This notice seeks comments on how the Federal Transit Administration (FTA) Tribal Transit competitive program and technical assistance to Tribes is administered. This notice also introduces FTA's consultation process and schedule for implementation.

FINAL RULE
Federal Communications Commission.
(8/15/23)

Schools and Libraries Universal Service Support Mechanism, Federal-State Joint Board on Universal Service, and Changes to the Board of Directors of the National Exchange Carrier Association, Inc.
88 FR 55401

SUMMARY: In this document, the Federal Communications Commission (Commission) take steps to increase Tribal library eligibility and continue to reduce administrative burdens in the program. In doing so, the Commission expects to make the program more accessible to Tribal communities, so that they can leverage E-Rate funds to improve and meet the broadband connectivity needs of their communities. Where appropriate, the Commission also amends its rules to benefit non-Tribal applicants as well, to simplify and streamline the E-Rate program for all participants. The Commission expects that these measures will provide a meaningful difference for Tribal communities, especially Tribal libraries that seek to participate in the E-Rate program.

PROPOSED RULE
Environmental Protection Agency (EPA).
(8/14/23)

Clean Water Act Section 404 Tribal and State Program Regulation
88 FR 55276

SUMMARY: The Environmental Protection Agency (EPA) is proposing the Agency's first comprehensive revision to the regulations governing Clean Water Act (CWA) section 404 Tribal and State programs since 1988. The primary purpose of the proposed revision is to respond to longstanding requests from Tribes and States to clarify the requirements and processes for assumption and administration of a CWA section 404 permitting program for discharges of dredged and fill material. The proposed revisions would facilitate Tribal and State assumption of the section 404 program, consistent with the policy of the CWA as described in section 101(b), by making the procedures and substantive requirements for assumption transparent and straightforward. It clarifies the minimum requirements for Tribal and State programs while allowing for flexibility in how these requirements are met. In addition, the proposed rule clarifies the criminal negligence standard for both the CWA section 402 and section 404 programs. Finally, the proposed rule makes technical revisions to remove outdated references associated with the section 404 Tribal and State program regulations.

NOTICE
Bureau of Indian Affairs, Interior.
(8/11/23)

Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs
88 FR 54654

SUMMARY: This notice publishes the current list of 574 Tribal entities recognized by and eligible for funding and services from the Bureau of Indian Affairs (BIA) by virtue of their status as Indian Tribes.

NOTICE
Office of the Secretary, Interior.
(8/11/23)

Fiscal Year 2023 List of Programs Eligible for Inclusion in Funding Agreements Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs; Fiscal Year 2024 Programmatic Targets
88 FR 54649

SUMMARY: This notice lists: fiscal year 2024 programmatic targets for each of the non-Bureau of Indian Affairs (BIA) bureaus in the Department of the Interior (Department), pursuant to title IV of the Act, as amended, and list of fiscal year 2023 programs or portions of programs eligible for inclusion in self-governance funding agreements with Indian Tribes. Revisions to this list are based upon feedback received during Tribal Consultations held in January 2023 on what information would be most helpful to Indian Tribes seeking ways to develop collaborative arrangements in the co-stewardship of Federal lands and waters.

NOTICE OF TRIBAL CONSULTATION
Employment and Training Adminstration, Department of Labor.
(8/9/23)

Tribal Consultation; Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure of State UC Information
88 FR 53928

SUMMARY: The Department of Labor (Department) is announcing that it will conduct a virtual Tribal Consultation in order to obtain input from federally recognized Indian tribes as the Department is considering making a change to the definition of public official to include Tribal Officials as part of the UC confidentiality and disclosure regulations.

PUBLIC LAND ORDER
Bureau of Land Management, Interior.
(8/9/23)

Public Land Order No. 7929; Partial Revocation of Public Land Order Nos. 5169, 5173, 5174, 5178, 5179, 5180, 5184, and 5186, as Amended, Modified, and Corrected, and Opening of Additional Lands for Selection by Alaska Native Vietnam-Era Veterans; Alaska
88 FR 53911

SUMMARY: This order partially revokes 8 Public Land Orders (PLOs) insofar as they affect approximately 812,956.96 acres of public lands reserved for study and classification, as appropriate, by the Department of the Interior. This order opens these lands specifically to allow for allotment selection by eligible Alaska Native Vietnam-era Veterans and possible conveyance under the Alaska Native Vietnam-era Veterans Land Allotment Program (Allotment Program) established by the John D. Dingell, Jr. Conservation, Management, and Recreation Act of 2019 (Dingell Act). The Bureau of Land Management (BLM) analyzed partial revocation of these PLOs and opening of the affected lands for allotment selections and possible conveyances in the Alaska Native Vietnam-era Veterans Land Allotment Program Environmental Assessment (Allotment Program EA) and Finding of No Significant Impact (FONSI) signed on April 21, 2022.

NOTICE
Indian Health Service, Department of Health and Human Services.
(8/9/23)

Notice of Purchased/Referred Care Delivery Area Redesignation for the Spokane Tribe of Indians in the State of Washington
88 FR 53899

SUMMARY: This Notice advises the public that the Indian Health Service (IHS) proposes to expand the geographic boundaries of the Purchased/Referred Care Delivery Area (PRCDA) for the Spokane Tribe of the Spokane Reservation to include the counties of Spokane and Whitman in the State of Washington. The current PRCDA for the Spokane Tribe of the Spokane Reservation includes the Washington counties of Ferry, Lincoln, and Stevens. Spokane Tribal members residing outside of the PRCDA are eligible for direct care services, however, they are not eligible for Purchased/Referred Care (PRC) services. The sole purpose of this expansion would be to authorize additional Spokane Tribal members and beneficiaries to receive PRC services.

FINAL RULE
Bureau of Indian Affairs, Interior.
(8/9/23)

Appeals From Administrative Actions
88 FR 53774

SUMMARY: The Department of the Interior (Department) is finalizing updates to its regulations governing the process for pursuing administrative review of actions by Indian Affairs officials. These updates provide greater specificity and clarity to the Department's appeals process; and reflect changes in the structure and nomenclature within Indian Affairs.

NOTICE
Indian Health Service, HHS.
(8/7/23)

Notice of Purchased/Referred Care Delivery Area Redesignation for the Confederated Tribes of Grand Ronde in the State of Oregon
88 FR 52185

SUMMARY: This Notice advises the public that the Indian Health Service (IHS) proposes to expand the geographic boundaries of the Purchased/Referred Care Delivery Area (PRCDA) for the Confederated Tribes of Grand Ronde (CTGR) in the State of Oregon to include the county of Clackamas in the State of Oregon. The current PRCDA for the CTGR includes the Oregon counties of Washington, Polk, Yamhill, Marion, Multnomah, and Tillamook. The CTGR members residing outside of the PRCDA are eligible for direct care services, however, they are not eligible for Purchased/Referred Care (PRC) services. The sole purpose of this expansion would be to authorize additional CTGR members and beneficiaries to receive PRC services.

NOTICE OF DECISION APPROVING LANDS FOR CONVEYANCE
Bureau of Land Management, Interior.
(8/3/23)

Alaska Native Claims Selection
88 FR 51343

SUMMARY: The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface and subsurface estates in certain lands to The Aleut Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971 (ANCSA). The lands approved for conveyance lie entirely within the Aleutian Islands Unit of the Alaska Maritime National Wildlife Refuge.

NOTICE OF DECISION APPROVING LANDS FOR CONVEYANCE
Bureau of Land Management, Interior.
(8/3/23)

Alaska Native Claims Selection
88 FR 51343

SUMMARY: The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface estate in certain lands to The Aleut Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971 (ANCSA), as amended. The lands approved for conveyance lie entirely within the Izembek National Wildlife Refuge and the Alaska Peninsula Unit of the Alaska Maritime National Wildlife Refuge. As provided by ANCSA, ownership of the subsurface estate in the same lands will be retained by the United States.

NOTICE OF DECISION APPROVING LANDS FOR CONVEYANCE
Bureau of Land Management, Interior.
(8/3/23)

Alaska Native Claims Selection
88 FR 51342

SUMMARY: The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface and subsurface estates in certain lands to Calista Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971 (ANCSA), as amended.

NOTICE OF DECISION APPROVING LANDS FOR CONVEYANCE
Bureau of Land Management, Interior.
(8/3/23)

Alaska Native Claims Selection
88 FR 51342

SUMMARY: The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface estate in certain lands to The Aleut Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971 (ANCSA). The lands approved for conveyance lie entirely within the Aleutian Islands Unit of the Alaska Maritime National Wildlife Refuge. As provided by ANCSA, ownership of the subsurface estate in the same lands will be retained by the United States.

NOTICE OF DECISION APPROVING LANDS FOR CONVEYANCE
Bureau of Land Management, Interior.
(8/3/23)

Alaska Native Claims Selection
88 FR 51341

SUMMARY: The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface and subsurface estates in certain lands to Chugach Alaska Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971 (ANCSA), as amended.

NOTICE
Bureau of Indian Affairs, Interior.
(8/2/23)

Rate Adjustments for Indian Irrigation Projects
88 FR 50905

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.

 

July

REQUEST FOR INFORMATION
Office of Child Care (OCC), Administration for Children and Families (ACF), Department of Health and Human Services (HHS).
(7/27/23)

Request for Information: Meeting the Child Care Needs in Tribal Nations
88 FR 48409

SUMMARY: The Office of Child Care invites public comment on the rules and regulations of the Tribally administered Child Care and Development Fund (CCDF) program as part of the Administration for Children and Families' (ACF) commitment to creating partnerships with Tribal Nations to identify and implement solutions that transcend traditional program boundaries. As part of that commitment, OCC seeks input on the requirements, regulations, and processes for Tribal Nations that administer CCDF. This Request for Information (RFI) specifically seeks public comment on the following topics of the Tribal child care program—CCDF Funding Policies for Tribes, CCDF Administration, Improving Families' Access to Child Care, and Increasing Child Care Supply in Tribal Communities—but input on any aspect of the Tribally administered CCDF program is welcome. OCC will host a Tribal consultation during the RFI public comment period.

ANNOUNCEMENT OF PILOT PROGRAMS
Rural Housing Service, USDA.
(7/26/23)

Single Family Housing Section 502 Guaranteed Loan Program
88 FR 48031

SUMMARY: The Rural Housing Service (RHS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), is announcing the implementation of two pilot programs for the Section 502 Single Family Housing Guaranteed Loan Program (SFHGLP), which are the Tribal Property Valuation Pilot Program and the Tribal Rehabilitation Pilot Program. Both pilot programs will provide flexible options for obtaining financing on tribal lands, one with a flexible appraisal option and the other permitting rehabilitation loans for homeowners. The Agency's intention is to evaluate the existing regulations, expand opportunities for economic development, and improve the quality of life in rural tribal communities. Details about these two pilot programs are provided in this notification.

NOTICE
Employment and Training Administration, Labor.
(7/19/23)

Native American Employment and Training Council; Charter Renewal
88 FR 46186

SUMMARY: The Secretary of Labor (Department) announces the renewal of the Native American Employment and Training Council (NAETC) charter.

PROPOSED RULE
Indian Health Service, HHS.
(7/18/23)

Catastrophic Health Emergency Fund
88 FR 45867

SUMMARY: The Indian Health Service (IHS or Service) administers the Catastrophic Health Emergency Fund (CHEF) pursuant to section 202 of the Indian Health Care Improvement Act (IHCIA). The purpose of the 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 notice proposes regulations governing the administration of the CHEF.

REQUEST FOR PUBLIC COMMENT
Office of Family Assistance; Administration for Children and Families; Department of Health and Human Services.
(7/14/23)

Submission for Office of Management and Budget Review; Guidance for Tribal Temporary Assistance for Needy Families Program (Office of Management and Budget #0970-0157)
88 FR 45219

SUMMARY: The Administration for Children and Families (ACF) is requesting a 3-year extension of the form ACF–123: Guidance for the Tribal Temporary Assistance for Needy Families (TANF) Program (Office of Management and Budget (OMB) #0970–0157, expiration date: August 31, 2023). There are minor clarifying changes requested to the guidance.

PROPOSED RULE; REOPENING OF PUBLIC COMMENT PERIOD
Bureau of Indian Affairs, Interior.
(7/10/23)

Mining of the Osage Mineral Estate for Oil and Gas
88 FR 43482

SUMMARY: The Bureau of Indian Affairs (BIA) is reopening the public comment period for the proposed rule revising the regulations governing leasing of the Osage Nation's mineral estate (“Osage Mineral Estate”) for oil and gas mining. The BIA is also requesting information regarding the transportation costs for oil produced from the Osage Mineral Estate.

NOTICE
National Oceanic and Atmospheric Administration (NOAA), Commerce.
(7/7/23)

Final National Oceanic and Atmospheric Administration Tribal Consultation Policy and Procedures
88 FR 43309

SUMMARY: On January 26, 2021, the White House issued a Presidential Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships that reaffirmed the Executive order on Consultation and Coordination with Indian Tribal Governments (2000). In response, NOAA sought review and comment on its Tribal consultation policy and procedures in November 2021. NOAA revised its Consultation Handbook describing procedures for government-to-government consultation with federally recognized Indian tribes, and updated an associated NOAA Administrative Order (NAO 218–8) and the Indigenous Knowledge (IK) guidance.

 

June

NOTICE
National Institutes of Health, HHS.
(6/28/23)

Notice To Announce Tribal Consultation for an All of Us Research Program Update and To Discuss the Program's Policies and Protections Around Data Access and Use Statement for Fiscal Year 2023
88 FR 41974

SUMMARY: The U.S. Department of Health and Human Services (HHS), National Institutes of Health (NIH) hereby gives notice that the All of Us Research Program will be hosting a virtual Tribal Consultation with American Indian and Alaska Native (AI/AN) Federally Recognized Tribes. The consultation will include an update on our approach to Tribal engagement, discussion about integrating data from self-identified AI/AN participants in the program's data platform, the All of Us Research Hub at https://www.researchallofus.org, and program planning.

NOTICE OF TRIBAL LISTENING SESSIONS; REQUEST FOR COMMENTS
U.S. Small Business Administration.
(6/26/23)

Tribal Listening Sessions for Small Business Development Centers
88 FR 41459

SUMMARY: The U.S. Small Business Administration (SBA or Agency) announces that it is holding tribal listening sessions in Washington, DC and New York, NY, concerning proposed revisions to the Small Business Development Centers (SBDC) Program regulations. Additionally, SBA requests comments and input on how best to propose policies or regulations to deliver business development services more efficiently and effectively to underserved communities in Indian Country. Testimony presented at these tribal listening sessions will become part of the administrative record for SBA's consideration when the Agency deliberates on approaches to changes in the regulations governing the SBDC Program.

CORRECTING AMENDMENTS
Bureau of Indian Affairs, Office of the Secretary, Interior.
(6/20/23)

American Indian Probate Regulations; Corrections
88 FR 39514

SUMMARY: On December 20, 2021, the Department of the Interior (Department) published a final rule to update the regulations governing probate of property that the United States holds in trust or restricted status for American Indians. We are publishing several corrections to that final rule in this document. These corrections are editorial in nature and involve no substantiative changes to any applicable regulations.

FINAL RULE
Bureau of Land Management, Interior.
(6/16/23)

Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Codification of Onshore Orders 1, 2, 6, and 7
88 FR 39514

SUMMARY: This final rule codifies Onshore Order 1—Approval of Operations; Onshore Order 2—Drilling Operations on Federal and Indian Oil and Gas Leases; Onshore Order 6—Hydrogen Sulfide Operations; and Onshore Order 7—Disposal of Produced Water. This rule places the existing regulations, which were promulgated over the years through various notice and comment rulemakings but not codified in the Code of Federal Regulations (CFR), into the CFR in their entirety without making any substantive changes.

NOTICE OF DECISION APPROVING LANDS FOR CONVEYANCE
Bureau of Land Management, Interior.
(6/16/23)

Alaska Native Claims Selections
88 FR 39450

SUMMARY: The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface estate in certain lands to Kuukpik Corporation for the Native village of Nuiqsut, pursuant to the Alaska Native Claims Settlement Act of 1971 (ANCSA). As provided by ANCSA, the BLM will convey the subsurface estate in the same lands to Arctic Slope Regional Corporation when the BLM conveys the surface estate to Kuukpik Corporation.

NOTICE OF DECISION APPROVING LANDS FOR CONVEYANCE
Bureau of Land Management, Interior.
(6/13/23)

Alaska Native Claims Selections
88 FR 38530

SUMMARY: The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface and subsurface estates in certain lands to NANA Regional Corporation, Inc., an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971 (ANCSA), as amended.

NOTICE
Bureau of Land Management, Interior.
(6/7/23)

Public Land Order No. 7923 for Public Lands Withdrawal Surrounding Chaco Culture National Historical Park Boundary; San Juan, Sandoval, and McKinley Counties, New Mexico
88 FR 37266

SUMMARY: This Order withdraws approximately 336,404.42 acres of public lands surrounding Chaco Culture National Historical Park from location and entry under the United States mining laws and from leasing under the mineral leasing laws, but not the mineral materials laws, subject to valid existing rights. The purpose of this withdrawal is to protect these public lands and the greater connected landscape with a rich Puebloan, Tribal Nation, and cultural legacy in the New Mexico counties of San Juan, Sandoval, and McKinley for a period of 20 years.

NOTICE
Indian Health Service, HHS.
(6/6/23)

Notice of Purchased/Referred Care Delivery Area Redesignation for the Hoh Indian Tribe in the State of Washington
88 FR 37071

SUMMARY: Notice is hereby given that the Indian Health Service (IHS) has decided to expand the geographic boundaries of the Purchased/Referred Care Delivery Area (PRCDA) for the Hoh Indian Tribe in the State of Washington to include the county of Clallam in the State of Washington. The final PRCDA for the Hoh Indian Tribe is now the Washington counties of Jefferson and Clallam. The sole purpose of this expansion is to authorize additional Hoh Indian Tribe members and beneficiaries to receive Purchased/Referred Care (PRC) services.

 

May

NOTICE
Bureau of Indian Affairs, Interior.
(5/31/23)

Receipt of Documented Petition for Federal Acknowledgment as an American Indian Tribe
88 FR 34890

SUMMARY: The Department of the Interior (Department) gives notice that the group known as the Butte Tribe of Bayou Bourbeaux has filed a documented petition for Federal acknowledgment as an American Indian Tribe with the Assistant Secretary—Indian Affairs. The Department seeks comment and evidence from the public on the petition.

FINAL RULE
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
(5/31/23)

Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023 Harvest Specifications for Pacific Whiting, and 2023 Pacific Whiting Tribal Allocation
88 FR 34783

SUMMARY: This rule implements the domestic 2023 harvest specifications for Pacific whiting including the 2023 tribal allocation for the Pacific whiting fishery, the non-tribal sector allocations, and a set-aside for incidental mortality in research activities and non-groundfish fisheries. NMFS issues this final rule for the 2023 Pacific whiting fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan, the Magnuson-Stevens Fishery Conservation and Management Act, the Pacific Whiting Act of 2006, and other applicable laws. These measures are intended to help prevent overfishing, achieve optimum yield, ensure that management measures are based on the best scientific information available, and provide for the implementation of tribal treaty fishing rights.

NOTICE OF INTENDED DISINTERMENT
Department of the Army, DoD.
(5/24/23)

Notice of Intended Disinterment
88 FR 33584

SUMMARY: The Office of Army Cemeteries (OAC) is honoring the requests of the family members to disinter the human remains of five Native American students from the Carlisle Barracks Post Cemetery, Carlisle, Pennsylvania. The decedent names are: Edward Upright from the Spirit Lake Tribe, Amos LaFramboise from the Sisseton Wahpeton Oyate of the Lake Traverse Reservation, Beau Neal from the Northern Arapaho Tribe, Edward Spott from the Puyallup Tribe and Launy Shorty from the Blackfeet Nation. These students died between 1880 and 1910 while attending the Carlisle Indian Industrial School.

PROPOSED RULE
Rural Business-Cooperative Service and Rural Utilities Service, USDA.
(5/24/23)

Rural Business Development Grant (RBDG) Regulation: Tribes and Tribal Business References To Provide Equitable Access
88 FR 33552

SUMMARY: The Rural Business Development Grant (RBDG) Program is intended for governmental entities and non-profits that foster economic development, job creation and business creation in rural and Tribal communities. Eligible applicants for RBDG assistance include rural towns, communities, State agencies, authorities, nonprofit corporations, institutions of higher education, Federally recognized Tribes (https://www.bia.gov/service/tribal-leaders-directory) and cooperatives (if organized as a private nonprofit corporation). USDA intends to improve Tribal Government participation in the program. This proposed rule seeks to increase Tribal Government participation with programmatic amendments.

NOTICE OF DECISION APPROVING LANDS FOR CONVEYANCE
Bureau of Land Management, Interior.
(5/11/23)

Alaska Native Claims Selection
88 FR 30338

SUMMARY: The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface and subsurface estates in certain lands to Bristol Bay Native Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971 (ANCSA), as amended.

NOTICE OF DECISION APPROVING LANDS FOR CONVEYANCE
Bureau of Land Management, Interior.
(5/9/23)

Alaska Native Claims Selection
88 FR 29939

SUMMARY: The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface and subsurface estates in certain lands to Bristol Bay Native Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971 (ANCSA), as amended.

PROCLAMATION 10571
A Presidential Document by the Executive Office of the President.
(5/9/23)

Missing or Murdered Indigenous Persons Awareness Day, 2023
88 FR 29813

PROPOSED RULE
Environmental Protection Agency (EPA).
(5/5/23)

Federal Baseline Water Quality Standards for Indian Reservations
88 FR 29496

SUMMARY: The Environmental Protection Agency (EPA) is proposing to establish Federal water quality standards (WQS) for Indian reservation waters that currently do not have WQS in effect under the Clean Water Act (CWA or the Act), with limited exceptions. These WQS (referred to as baseline WQS) would establish human health and environmental objectives as the basis for CWA protections. EPA would implement the baseline WQS, in consultation with Tribes, in a manner that would address location-specific water quality conditions and Tribal circumstances, as appropriate, and consistent with all relevant public participation requirements to ensure transparency for stakeholders. Tribes are encouraged to seek authority to administer their own WQS program under the Act's provision for eligible Tribes to be treated in a similar manner as states (TAS). Baseline WQS would not apply in instances where Tribes with TAS authority have EPA-approved WQS now or in the future. EPA will continue to work closely with, and offer support to, Tribes that wish to develop their own WQS under the CWA.

NOTICE
Office of the Assistant Secretary for Public and Indian Housing, HUD.
(5/4/23)

Section 184 Indian Housing Loan Guarantee Program; Reduction to the Upfront and Annual Loan Guarantee Fees
88 FR 28598

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. Congress established this program in 1992 to facilitate homeownership and increase access to capital in Native American communities. Based on the Section 184 program's strong performance and low default rate, HUD has determined that the fees charged to the borrower can be reduced without risk to the overall performance of the program. HUD is hereby exercising its authority to decrease the upfront loan guarantee fee from 1.50 to 1.00 percent and the annual loan guarantee fee from 0.25 to 0.00 percent for all new or updated Section 184 Firm Commitments as of the effective date of this Notice, including refinances.

PROCLAMATION 10559
A Presidential Document by the Executive Office of the President.
(5/3/23)

Asian American, Native Hawaiian, and Pacific Islander Heritage Month, 2023
88 FR 27655

FINAL PRIORITIES, REQUIREMENTS, AND DEFINITIONS
Office of Elementary and Secondary Education, Department of Education.
(5/2/23)

Final Priorities, Requirements, and Definitions-State-Tribal Education Partnership Program
88 FR 27410

SUMMARY: The Department of Education (Department) announces final priorities, requirements, and definitions for the State-Tribal Education Partnership (STEP) program, Assistance Listing Number (ALN) 84.415A. The Department may use one or more of these priorities, requirements, and definitions for competitions in fiscal year (FY) 2023 and subsequent years. The Department is taking this action to support the development of partnerships among Tribal educational agencies (TEAs), State educational agencies (SEAs), and local educational agencies (LEAs) to support the creation or expansion of TEAs to directly administer education programs, including formula grant programs under the Elementary and Secondary Education Act of 1965, as amended (ESEA), consistent with State law and under a written agreement among the parties.

 

April

FINAL RULE
Environmental Protection Agency (EPA).
(4/25/23)

Approval and Promulgation of Air Quality Implementation Plan; Mohegan Tribe of Indians of Connecticut
88 FR 24916

SUMMARY: The Environmental Protection Agency (EPA) is approving amendments to the Mohegan Tribe of Indians of Connecticut (the Mohegan Tribe, Mohegans, or the Tribe) Tribal Implementation Plan (TIP) under the Clean Air Act (CAA) to regulate air pollution within the exterior boundaries of the Tribe's reservation. EPA approved the Tribe for treatment in the same manner as a State (Treatment as State or TAS) for purposes of administering New Source Review (NSR) under the CAA on December 26, 2006. The TIP revisions we are approving include permitting requirements for minor sources of air pollution not covered by the Tribe's existing federally approved NSR permitting program. The purpose of the TIP revisions is to enable the Tribe to attain and maintain the National Ambient Air Quality Standards (NAAQS) within the exterior boundaries of its reservation by establishing new elements to its federally enforceable preconstruction air permitting program.

NOTICE
Office of Natural Resources Revenue (ONRR), Interior.
(4/24/23)

Major Portion Prices and Due Date for Additional Royalty Payments on Gas Produced From Indian Lands in Designated Areas That Are Not Associated With an Index Zone
88 FR 24835

SUMMARY: In accordance with regulations governing valuation of gas produced from Indian lands, ONRR is publishing this Notice in the Federal Register of the major portion prices applicable to calendar year 2021 and the date by which a lessee must pay any additional royalties due under major portion pricing.

NOTICE OF PROPOSED RULEMAKING
Office of Child Support Enforcement (OCSE), Administration for Children and Families (ACF), Department of Health and Human Services (HHS).
(4/21/23)

Elimination of the Tribal Non-Federal Share Requirement
88 FR 24526

SUMMARY: OCSE proposes to eliminate the non-Federal share of program expenditures requirement for Tribal child support enforcement programs including the 90/10 and 80/20 cost sharing rates. Based upon the experiences of and consultations with Tribes and Tribal organizations, we have determined that the non-Federal share requirement limits growth, causes disruptions, and creates instability.

NOTICE; EXTENSION OF PUBLIC COMMENT PERIOD
Office of the Secretary, U.S. Department of Housing and Urban Development (HUD).
(4/19/23)

Extension of Public Interest, General Applicability Waiver of Build America, Buy America Provisions as Applied to Tribal Recipients of HUD Federal Financial Assistance: Extension of Public Comment Period
88 FR 24206

SUMMARY: On April 7, 2023, HUD posted on its website for public comment an extension to its previously issued public interest, general applicability waiver for the Buy America Domestic Content Procurement Preference (“Buy America Preference,” or “BAP”) as applied to Federal Financial Assistance (“FFA”) provided to Tribes, Tribally Designated Housing Entities (“TDHE”s), and other Tribal Entities (hereinafter collectively “Tribal Recipients”). Specifically, HUD's notice proposed that the waiver continue for an additional one-year period. The notice also established an April 24, 2023, deadline for public comment. The notice was also published in the Federal Register on April 12, 2023. Through today's notice, HUD announces that it is extending the public comment period on its “Extension of Public Interest, General Applicability Waiver of Build America, Buy America Provisions as Applied to Tribal Recipients of HUD Federal Financial Assistance” to May 8, 2023.

NOTICE
Bureau of Indian Affairs, Interior.
(4/18/23)

Land Acquisitions; the Samish Indian Nation, Washington
88 FR 23684

SUMMARY: The Assistant Secretary—Indian Affairs has made a final determination to acquire 0.52 acres, more or less, into trust for the Samish Indian Nation, Washington.

NOTICE
Bureau of Indian Affairs, Interior.
(4/17/23)

Land Acquisitions; the Samish Indian Nation, Washington
88 FR 23454

SUMMARY: The Assistant Secretary—Indian Affairs has made a final determination to acquire 1.02 acres, more or less, into trust for the Samish Indian Nation, Washington.

NOTICE
Bureau of Indian Affairs, Interior.
(4/17/23)

Land Acquisitions; the Samish Indian Nation, Washington
88 FR 23454

SUMMARY: The Assistant Secretary—Indian Affairs has made a final determination to acquire 39.34 acres, more or less, into trust for the Samish Indian Nation, Washington.

NOTICE
Office of the Secretary, U.S. Department of Housing and Urban Development (HUD).
(4/12/23)

Extension of Public Interest, General Applicability Waiver of Build America, Buy America Provisions as Applied to Tribal Recipients of HUD Federal Financial Assistance
88 FR 22064

SUMMARY: In accordance with the Build America, Buy America Act (BABA), this notice advises that HUD is proposing an extension to the previously issued public interest, general applicability waiver for an additional period of one year to the Buy America Domestic Content Procurement Preference (“Buy America Preference,” or “BAP”) as applied to Federal Financial Assistance (“FFA”) provided to Tribes, Tribally Designated Housing Entities (“TDHE”s), and other Tribal Entities (hereinafter collectively “Tribal Recipients”).

FINAL RULE
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
(4/11/23)

Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing Plan and Recreational Management Measures
88 FR 21503

SUMMARY: This final rule approves changes to the Pacific Halibut Catch Sharing Plan for the International Pacific Halibut Commission's regulatory Area 2A off of Washington, Oregon, and California. In addition, this final rule implements management measures governing the 2023 recreational fisheries that are not implemented through the International Pacific Halibut Commission. Management measures include the recreational fishery seasons and subarea allocations for Area 2A. These actions are intended to conserve Pacific halibut and provide angler opportunity where available.

FINAL RULE CORRECTION AND CORRECTING AMENDMENTS
Department of Veterans Affairs.
(4/11/23)

Copayment Exemption for Indian Veterans
88 FR 21478

SUMMARY: On April 4, 2023, the Department of Veterans Affairs (VA) published in the Federal Register a final rule to amend its medical regulations to implement a statute exempting Indian and urban Indian veterans from copayment requirements for the receipt of hospital care or medical services. This correction addresses a technical error in the published final rule and correcting amendments to four sections involved.

INTERIM FINAL RULE
Office on Violence Against Women, Department of Justice.
(4/11/23)

Special Tribal Criminal Jurisdiction Reimbursement
88 FR 21459

SUMMARY: The Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022) authorized a new program to reimburse Tribal governments (or authorized designees of Tribal governments) for expenses incurred in exercising “special Tribal criminal jurisdiction” (STCJ) over non-Indians who commit certain covered crimes in Indian country. This rule will implement this new Tribal Reimbursement Program within the Department of Justice's Office on Violence Against Women (OVW) by providing details on how it will be administered, including eligibility, frequency of reimbursement, costs that can be reimbursed, the annual maximum allowable reimbursement per Tribe, and conditions for waiver of the annual maximum.

PROPOSED RULE; REQUEST FOR COMMENTS
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
(4/6/23)

Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023 Harvest Specifications for Pacific Whiting, and 2023 Pacific Whiting Tribal Allocation
88 FR 20457

SUMMARY: NMFS issues this proposed rule for the 2023 Pacific whiting fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan, the Magnuson-Stevens Fishery Conservation and Management Act, the Pacific Whiting Act of 2006 (Whiting Act), and other applicable laws. This proposed rule would establish the domestic 2023 harvest specifications for Pacific whiting including the 2023 tribal allocation for the Pacific whiting fishery, the non-tribal sector allocations, and set-asides for incidental mortality in research activities and non-groundfish fisheries. The proposed measures are intended to help prevent overfishing, achieve optimum yield, ensure that management measures are based on the best scientific information available, and provide for the implementation of tribal treaty fishing rights.

NOTICE
Bureau of Indian Affairs, Interior.
(4/4/23)

Land Acquisitions; Cayuga Nation, Cayuga County Parcels, Cayuga County, New York
88 FR 19973

SUMMARY: The Assistant Secretary—Indian Affairs made a final agency determination to acquire in trust 113.96 acres, more or less, of land known as the Cayuga County Parcels in the Village of Union Springs and the Town of Springport, Cayuga County, New York, (Site) for the Cayuga Nation, (Tribe) for gaming and other purposes.

FINAL RULE
Department of Veterans Affairs.
(4/4/23)

Copayment Exemption for Indian Veterans
88 FR 19862

SUMMARY: The Department of Veterans Affairs (VA) adopts as final, with changes, a proposed rule to amend its medical regulations to implement a statute exempting Indian and urban Indian veterans from copayment requirements for the receipt of hospital care or medical services. This final rule also exempts such veterans from copayments for all urgent care visits.

NOTICE OF PROPOSED RULEMAKING
Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT).
(4/3/23)

Tribal Transportation Facility Bridge Program
88 FR 19571

SUMMARY: This proposed rule would update the existing Tribal Transportation Program Bridge Program, formerly known as the Indian Reservation Road (IRR) Bridge Program, by renaming it the Tribal Transportation Facility Bridge Program (TTFBP) to comply with the changes made in the Moving Ahead for Progress in the 21st Century Act (MAP–21), carried on through the Fixing America's Surface Transportation (FAST) Act, and the recent changes made by the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (IIJA). It would also remove references to terms such as structurally deficient, functionally obsolete, and sufficiency rating. These updates would align the TTFBP terminology for bridge conditions with the terminology used for State departments of transportation (State DOT) in the Federal-aid highway program. This change would establish a consistent terminology for classifying and referring to bridge conditions.

 

March

PROPOSED RULE
Fish and Wildlife Service, Interior.
(3/23/23)

Migratory Bird Hunting; Migratory Game Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands
88 FR 17511

SUMMARY: As part of the rulemaking process for the 2023-2024 season, the U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes a revised process for establishing special regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for migratory bird hunting seasons. We are proposing no longer to require that Tribes annually submit a proposal to the Service for our review and approval and no longer to publish in the the annual Tribal migratory bird hunting regulations, and instead to adopt as regulations elements of our current guidelines for establishing special migratory game bird hunting regulations on Federal Indian reservations (including off-reservation trust lands) and ceded lands. The Service recognizes the reserved hunting rights and management authority of Indian Tribes. Since the 1985-86 hunting season, we have successfully employed guidelines to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands. We conclude that Tribal migratory bird harvest has been small with negligible impact to bird population status. We anticipate that Tribal hunting of migratory birds will continue to have similar negligible impacts to bird populations in the future. By proposing these regulations, the Service seeks to strengthen Tribal sovereignty and to reduce administrative burdens on both the Tribes and the Service while continuing to sustain healthy migratory game bird populations for future generations.

NOTICE
Bureau of Indians Affairs, Interior.
(3/22/23)

Indian Child Welfare Act; Designated Tribal Agents for Service of Notice
88 FR 17242

SUMMARY: The regulations implementing the Indian Child Welfare Act provide that Federally recognized 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.

NOTICE OF AVAILABILITY
Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).
(3/20/23)

Final American Indian and Alaska Native Worker Safety and Health Strategic Plan
88 FR 16633

SUMMARY: The National Institute for Occupational Safety and Health (NIOSH) in the Centers for Disease Control and Prevention (CDC), an Operating Division of the Department of Health and Human Services (HHS), announces the availability of the final American Indian and Alaska Native Worker Safety and Health Strategic Plan.

PROPOSED RULE; EXTENSION OF PUBLIC COMMENT PERIOD
Bureau of Indian Affairs, Interior.
(3/17/23)

Mining of the Osage Mineral Estate for Oil and Gas
88 FR 16386

SUMMARY: The Bureau of Indian Affairs (BIA) is extending the public comment period for the proposed rule revising the regulations governing leasing of the Osage Nation's mineral estate (“Osage Mineral Estate”) for oil and gas mining. Extending the public comment period will allow more time for the public to review the proposal and submit comments.

NOTICE
Bureau of Indian Affairs, Interior.
(3/1/23)

Land Acquisitions; Oneida Indian Nation, Madison and Oneida Counties, New York
88 FR 12982

SUMMARY: The Assistant Secretary—Indian Affairs made a final agency determination to acquire in trust 269.543 acres, more or less, of land located within the Nation's Reservation, in Madison County and Oneida County, New York, for the Oneida Indian Nation (Nation or OIN) for gaming and other purposes.

 

February

NOTICE
Bureau of Indian Affairs, Interior.
(2/27/23)

Proposed Finding Against Federal Acknowledgment of the Grand River Bands of Ottawa Indians
88 FR 12401

SUMMARY: The Department of the Interior (Department) gives notice that the Office of the Assistant Secretary—Indian Affairs (AS-IA) proposes to determine that the petitioner, Grand River Bands of Ottawa Indians (Petitioner #146), is not an Indian Tribe within the meaning of Federal law. This notice is based on a determination that Petitioner #146 does not meet one of the seven mandatory criteria for a government-to-government relationship with the United States. This proposed finding (PF) is based on only one criterion.

NOTICE OF PROPOSED RULEMAKING
Children's Bureau (CB); Administration on Children, Youth and Families (ACYF); Administration for Children and Families (ACF); Department of Health and Human Services (HHS).
(2/14/23)

Separate Licensing Standards for Relative or Kinship Foster Family Homes
88 FR 9411

SUMMARY: ACF is proposing to revise the definition of “foster family home” to allow each title IV-E agency to adopt foster family home licensing or approval standards for foster family homes of individuals related to a child by blood, marriage, or adoption and other individuals who have an emotionally significant relationship with the child, including fictive kin, (referred herein as “relative(s) and kin(ship)”) that differ from non-relative foster family homes agency standards. In this context, a “non-relative” foster family home means a home of an unrelated individual who is not kin or fictive kin. This notice of proposed rulemaking (NPRM) would allow a title IV-E agency to claim title IV-E federal financial participation (FFP) for the cost of foster care maintenance payments (FCMP) on behalf of an otherwise eligible child who is placed in a relative or kinship licensed or approved foster family home when the agency uses different licensing or approval standards for relative or kinship foster family homes and non-relative foster family homes. In addition, the NPRM would amend the requirement that title IV-E agencies review the amount of FCMPs to also assure that the agency provides a licensed or approved relative and kinship foster family home the same amount of FCMP that would have been made if the child was placed in a non-related foster family home.

POLICY GUIDANCE
Bureau of Indian Affairs, Interior.
(2/13/23)

Policy Guidance for Determining Eligibility for Organization Under the Alaska Indian Reorganization Act
88 FR 9188

SUMMARY: This policy guidance clarifies the Department of the Interior's (Department) criteria and procedures for determining whether an entity is eligible to organize under the Alaska amendment to the Indian Reorganization Act.

NOTICE
Bureau of Indian Affairs, Interior.
(2/10/23)

Land Acquisitions; Buena Vista Rancheria of Me-Wuk Indians of California
88 FR 8908

SUMMARY: The Assistant Secretary—Indian Affairs has made a final agency determination to acquire 81 acres, more or less, into trust for the Buena Vista Rancheria of Me-Wuk Indians of California.

NOTICE
Bureau of Indian Affairs, Interior.
(2/10/23)

Land Acquisitions; Buena Vista Rancheria of Me-Wuk Indians of California
88 FR 8907

SUMMARY: The Assistant Secretary—Indian Affairs has made a final determination to acquire 54.90 acres, more or less, into trust for the Buena Vista Rancheria of Me-Wuk Indians of California.

NOTICE OF DECISION APPROVING LANDS FOR CONVEYANCE
Bureau of Land Management, Interior.
(2/2/23)

Alaska Native Claims Selection
88 FR 7101

SUMMARY: The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface estate in certain lands to Ahtna, Incorporated, Successor in Interest to Tazlina, Incorporated for the Native village of Tazlina, pursuant to the Alaska Native Claims Settlement Act of 1971 (ANCSA). The subsurface estate in the same lands will be conveyed to Ahtna, Incorporated when the surface estate is conveyed to Ahtna, Incorporated, Successor in Interest to Tazlina, Incorporated.

 

January

NOTICE
Bureau of Indian Affairs, Interior.
(1/30/23)

Land Acquisitions; Tohono O'odham Nation, Far West Valley Site, Maricopa County, Arizona
88 FR 5906

SUMMARY: The Assistant Secretary—Indian Affairs made a final agency determination to acquire in trust 110.34 acres, more or less, of land known as the Far West Valley Site in Maricopa County, Arizona, (Site) for the Tohono O'odham Nation, (Nation) for gaming and other purposes.

DIRECT FINAL RULE
Office of Hearings and Appeals, Interior.
(1/30/23)

Practices Before the Department of the Interior
88 FR 5789

SUMMARY: The Office of Hearings and Appeals (OHA) is amending department regulations to provide parties to a hearing or appeal the option of sending and receiving documents electronically; to specifically recognize the OHA Director's authority to issue Standing Orders to provide procedural information to parties and the public; and to make clear that OHA will communicate information on how and where to file and serve documents through OHA Standing Orders issued by the Director and posted on OHA's Department of the Interior website. This rule removes specific office addresses, some outdated, from the regulatory text and provides for up-to-date contact information to be provided in OHA Standing Orders on Contact Information. This rule further provides that OHA may issue Standing Orders to provide procedural information in an emergency or to address an immediate need, such as an office closure, natural disaster or other unanticipated event. This rule, and the associated Standing Orders, would not add to, change, or diminish any substantive rights of any parties or the public.

PROPOSED RULE
Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development (HUD); Office of the Assistant Secretary for Public and Indian Housing, HUD.
(1/26/23)

Certification of Tribal Housing Counselors
88 FR 4923

SUMMARY: HUD's Housing Counseling Program provides, through HUD-approved counseling agencies and State housing finance agencies, counseling to individuals seeking information about financing, maintaining, renting, or owning a home. The Dodd-Frank Wall Street Reform and Consumer Protection Act amended the Housing and Urban Development Act of 1968 to improve the effectiveness of the housing counseling program by, among other things, requiring that entities and individual counselors be certified by HUD as competent to provide such counseling services. In 2016, HUD implemented these requirements for most HUD programs but agreed to conduct consultation with Tribes before implementing the new housing counselor certification requirement for Tribes. After consulting with Tribes, HUD proposes a housing counselor certification option for employees of Tribes, Tribally Designated Housing Entities (TDHE), and other Tribal entities conducting housing counseling required or provided in connection with the Indian Housing Block Grant (IHBG) and the Indian Community Development Block Grant (ICDBG) programs. The proposed rule provides an alternative regulatory standard for compliance with the Dodd-Frank Act's counselor certification requirement that recognizes Tribal sovereignty and self-determination, and accounts for the unique status of Tribal land and housing programs in Indian Country.

FINAL RULE
Office of the Secretary, Interior.
(1/19/23)

Civil Penalties Inflation Adjustments
88 FR 3315

SUMMARY: This rule revises U.S. Department of the Interior regulations implementing the Native American Graves Protection and Repatriation Act to provide for annual adjustments of civil penalties to account for inflation under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget guidance. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statute.

NOTICE
Bureau of Indian Affairs, Interior.
(1/18/23)

Rate Adjustments for Indian Irrigation Projects
88 FR 2965

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.

NOTICE
Indian Health Service, HHS.
(1/18/23)

Notice of Purchased/Referred Care Delivery Area Redesignation for the Hoh Tribe in the State of Washington
88 FR 2940

SUMMARY: This Notice advises the public that the Indian Health Service (IHS) proposes to expand the geographic boundaries of the Purchased/Referred Care Delivery Area (PRCDA) for the Hoh Tribe in the State of Washington to include the county of Clallam in the State of Washington. The current PRCDA for the Hoh Tribe includes the Washington county of Jefferson. Hoh Tribe members residing outside of the PRCDA are eligible for direct care services, however, they are not eligible for Purchased/Referred Care (PRC) services. The sole purpose of this expansion would be to authorize additional Hoh Tribe members and beneficiaries to receive PRC services.

PROPOSED RULE
Bureau of Indians Affairs, Interior.
(1/13/23)

Mining of the Osage Mineral Estate for Oil and Gas
88 FR 2430

SUMMARY: The Bureau of Indian Affairs (BIA) proposes to revise the regulations governing leasing of the Osage Nation's mineral estate (“Osage Mineral Estate”) for oil and gas mining. The proposed rule would allow the BIA to strengthen management of the Osage Mineral Estate by updating bonding, royalty payment and reporting, production valuation and measurement, site security, and operational requirements to address changes in technology and industry standards that have occurred in the 47 years since the regulations were issued. The proposed rule would also allow the BIA to respond to recommendations made by the Office of Inspector General, U.S. Department of the Interior (OIG).

PROPOSED RULE
Environmental Protection Agency (EPA).
(1/13/23)

Approval and Promulgation of Air Quality Implementation Plan; Mohegan Tribe of Indians of Connecticut
88 FR 2298

SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve amendments to the Mohegan Tribe of Indians of Connecticut (the Mohegan Tribe, Mohegans, or the Tribe) Tribal Implementation Plan (TIP) under the Clean Air Act (CAA) to regulate air pollution within the exterior boundaries of the Tribe's reservation. EPA approved the Tribe for treatment in the same manner as a State (Treatment as State or TAS) for purposes of administering New Source Review (NSR) under the CAA on December 26, 2006. The proposed TIP includes permitting requirements for minor sources of air pollution not covered by the Tribe's existing federally approved TIP. The purpose of the proposed TIP is to enable the Tribe to attain and maintain the National Ambient Air Quality Standards (NAAQS) within the exterior boundaries of its reservation by establishing new elements to its federally enforceable preconstruction air permitting program.

NOTICE
Bureau of Indians Affairs, Interior.
(1/12/23)

Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs
88 FR 2112

SUMMARY: This notice publishes the current list of 574 Tribal entities recognized by and eligible for funding and services from the Bureau of Indian Affairs (BIA) by virtue of their status as Indian Tribes.

PROPOSED RULE
Department of Veterans Affairs.
(1/12/23)

Copayment Exemption for Indian Veterans
88 FR 2038

SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its medical regulations to implement a statute exempting Indian and urban Indian veterans from copayment requirements for the receipt of hospital care or medical services, including the initial three urgent care visits in a calendar year, under laws administered by VA.

PROPOSED RULE; EXTENSION OF PUBLIC COMMENT PERIOD
Office of the Secretary, Interior.
(1/10/23)

Native American Graves Protection and Repatriation Act Systematic Process for Disposition and Repatriation of Native American Human Remains, Funerary Objects, Sacred Objects, and Objects of Cultural Patrimony-Extension of Public Comment Period
88 FR 1344

SUMMARY: The Department of the Interior is extending the public comment period for the proposed rule to amend regulations to improve implementation of the Native American Graves Protection and Repatriation Act of 1990. Extending the comment period will allow more time for the public to review the proposal and submit comments.

PROPOSED RULE
Office of the Assistant Secretary for Public and Indian Housing, HUD.
(1/4/23)

Implementing Rental Housing Assistance for the Native Hawaiian Housing Block Grant Program
88 FR 328

SUMMARY: Through this notice of proposed rulemaking, the Department of Housing and Urban Development (HUD) is proposing to amend its regulations covering rental housing assistance for the Native Hawaiian Housing Block Grant (NHHBG) program, consistent with the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). HUD proposes to clarify and improve consistency with NAHASDA's statutory requirements and HUD's Indian Housing Block Grant program regulations. This proposed rule would also help make affordable housing opportunities, in the form of NHHBG-assisted rental housing, more available to eligible Native Hawaiian families.