[Federal Register: July 14, 2004 (Volume 69, Number 134)]
[Page 42199-42200]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

U.S. Fish and Wildlife Service and Confederated Salish and 
Kootenai Tribes Draft Annual Funding Agreement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: The U.S. Fish and Wildlife Service (Service) is making 
available for public review a draft annual funding agreement (draft AFA 
or draft agreement) with the Confederated Salish and Kootenai Tribes 
(CSKT) under the Indian Self-Determination and Education Assistance 
Act, as amended by the Tribal Self-Governance Act of 1994. This action 
is taken at the discretion of the Service to provide public review 
opportunity and solicit comments from the public for a 90-day period.

DATES: Written comments should be received by October 12, 2004.

ADDRESSES: You may submit written comments and information to the U.S. 
Fish and Wildlife Service, National Bison Range, 132 Bison Range Road, 
Moiese, Montana 59824 or by facsimile to (406) 644-2661. You may hand-
deliver written comments to the National Bison Range at the address 
given above. You may send comments by electronic mail (e-mail) to 
draftafapubliccomments@fws.gov. All comments provided become part of 

the official public record. If requested under the Freedom of 
Information Act by a private citizen or organization, the Service may 
provide copies of comments.
    You may obtain copies of the draft AFA, by appointment, during 
normal business hours, from the U.S. Fish and Wildlife Service, 
National Bison Range, 132 Bison Range Road, Moiese, Montana 59824, 
(406) 644-2211. In addition, copies may be obtained from U.S. Fish and 
Wildlife Service Regional Office, Mountain-Prairie Region, National 
Wildlife Refuge System, P.O. Box 25486, Denver, Colorado 80225-0486, 
(303) 236-4306, or from the Confederated Salish and Kootenai Tribes, 
P.O. Box 278, Pablo, Montana 59855, (406) 675-2700. The draft AFA is 
also available on the Internet at http://mountain-prairie.fws. gov/


FOR FURTHER INFORMATION CONTACT: Steve Kallin, Refuge Manager, National 
Bison Range, U.S. Fish and Wildlife Service, (406) 644-2211, extension 

SUPPLEMENTARY INFORMATION: In spring 2003, the Confederated Salish and

[[Page 42200]]

Kootenai Tribes submitted a formal request to reinitiate negotiations 
related to compacting of activities at the National Bison Range and 
ancillary properties (Northwest Montana Wetland Management District, 
Pablo and Ninepipe NWRs), pursuant to the Indian Self-Determination and 
Education Assistance Act (Pub. L. 93-638). In response to this request, 
negotiations between the CSKT and the Service on an annual funding 
agreement for that portion of the National Bison Range Complex within 
the Flathead Indian Reservation began in the summer of 2003.
    The Tribal Self-Governance Act of 1994 was enacted as an amendment 
to Pub. L. 93-638 and incorporated as Title IV of that Act. The Self-
Governance Act allows qualifying self-governance tribes the opportunity 
to request AFAs with the Bureau of Indian Affairs (BIA) and non-BIA 
agencies within the Department of the Interior. When dealing with non-
BIA agencies, including the Service, qualifying tribes may enter into 
AFAs that would allow them to conduct certain activities of such non-
BIA agencies. Eligible activities include Indian programs (programs 
created for the benefit of Indians because of their status as Indians); 
activities otherwise available to Indian tribes (any activity that a 
Federal agency might otherwise contract to outside entities); and 
activities that have a special geographic, historical, or cultural 
significance to an Indian tribe.
    Pub. L. 93-638 and the regulations that implement the law (25 CFR 
part 1000.129) prohibit the inclusion of activities in an AFA that are 
inherently Federal functions. The Refuge has no special Indian 
programs. All activities of the Service on national wildlife refuges 
are for the benefit of the fish and wildlife resources, their habitats, 
and the American public. Activities that may have a special 
relationship with a tribe are the most promising for inclusion in an 
AFA. Whether to enter into an agreement with a tribe for these 
activities is discretionary on the part of the Service. The Service 
recognizes that many members of the CSKT who live near the National 
Bison Range have a cultural, historical, or geographical connection to 
the land and resources of the National Bison Range and, therefore, may 
feel very much part of these lands. The proposed draft agreement 
provides for the CSKT to perform certain programs, services, functions, 
and activities for the National Bison Range Complex during a 1-year 

    Dated: July 6, 2004.
Matt Hogan,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 04-15859 Filed 7-13-04; 8:45 am]