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2023 Federal Register Documents

Last updated: June 7, 2023

Next update should be ready by: June 21, 2023

Recently Added Content:

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.

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.

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.

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May

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.

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.

PROPOSED RULE
National Indian Gaming Commission, Department of the Interior.
(4/14/23)

Definitions; Background Investigation for Primary Management Officials and Key Employees; Gaming Licenses for Primary Management Officials and Key Employees
88 FR 22962

SUMMARY: In 2022, the Commission issued a proposed rule seeking to amend the “primary management official” and “key employee” definitions; add definitions for “Gaming Enterprise” and “Tribal Gaming Regulatory Authority” (TGRA); and establish modern retention requirements for background investigations and licensing applications. The rule proposed vesting revocation hearing rights upon license issuance as well as in accord with tribal law, regulation or policy along with augmenting revocation decision notification and submission requirements. This revised proposed rule results from comments received. It permits tribes to designate and document other gaming enterprise employees as key employees and other employed gaming enterprise management officials as primary management officials, including TGRA personnel. Now such designations may occur by any documentary means. Updates to the key employee definition include custodians of gaming supplies and gaming operation employees authorized by the gaming operation for unescorted access to secure gaming areas, not vendors or other outside parties. The primary management official definition, however, now is narrower with the removal of individuals who have authority to supervise key employees of the gaming operation.

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.