[Federal Register: March 23, 2007 (Volume 72, Number 56)]
[Page 13820-13822]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

List of Programs Eligible for Inclusion in Fiscal Year 2007 
Funding Agreements With Self-Governance Tribes

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.


SUMMARY: We, the Fish and Wildlife Service (Service), publish this 
notice to list programs or portions of our programs that are eligible 
for inclusion in Fiscal Year 2007 funding agreements with self-
governance tribes, and to list programmatic targets pursuant to section 
405(c)(4) of the Tribal Self-Governance Act.

DATES: This notice expires on September 30, 2007.

ADDRESSES: Direct any inquiries or comments about this notice to the 
American Indian Liaison Office, U.S. Fish and Wildlife Service, 1849 C 
Street, NW., Washington, DC 20240.

FOR FURTHER INFORMATION: For questions regarding self-governance, 
contact Patrick Durham, Native American Liaison, U.S. Fish and Wildlife 
Service, 1849 C Street, NW., Washington, DC 20240; telephone, 202-208-
4133; fax 202-208-3524.


I. Background

    Title II of the Indian Self-Determination Act Amendments of 1994 
(Pub. L. 103-413, the ``Tribal Self-Governance Act'' or the ``Act'') 
instituted a permanent self-governance program at the Department of the 
Interior (DOI). Under the self-governance program, certain programs, 
services, functions, and activities, or portions thereof, in DOI 
bureaus other than the Bureau of Indian Affairs (BIA) are eligible to 
be planned, conducted, consolidated, and administered by a self-
governance tribal government.
    Under section 405(c) of the Act, the Secretary of the Interior is 
required to publish annually: (1) A list of non-BIA programs, services, 
functions, and activities, or portions thereof, that are eligible for 
inclusion in agreements negotiated under the self-governance

[[Page 13821]]

program; and (2) programmatic targets for these bureaus.
    Under the Act, two categories of non-BIA programs are eligible for 
self-governance annual funding agreements (AFAs):
    (1) Under section 403(b)(2) of the Act, any non-BIA program, 
service, function or activity that is administered by DOI that is 
``otherwise available to Indian tribes or Indians'' can be administered 
by a tribal government through a self-governance AFA. The Department 
interprets this provision to authorize the inclusion of programs 
eligible for self-determination contracts under Title I of the Indian 
Self-Determination and Education Assistance Act (Pub. L. 93-638, as 
amended). Section 403(b)(2) also specifies: ``nothing in this 
subsection may be construed to provide any tribe with a preference with 
respect to the opportunity of the tribe to administer programs, 
services, functions and activities, or portions thereof, unless such 
preference is otherwise provided by law.''
    (2) Under section 403(c) of the Act, the Secretary may include 
other programs, services, functions, and activities or portions thereof 
that are of ``special geographic, historical, or cultural 
significance'' to a self-governance tribe.
    Under section 403(k) of the Act, AFAs cannot include programs, 
services, functions, or activities that are inherently Federal or where 
the statute establishing the existing program does not authorize the 
type of participation sought by the tribe. However, a tribe (or tribes) 
need not be identified in the authorizing statutes in order for a 
program or element to be included in a self-governance AFA. While 
general legal and policy guidance regarding what constitutes an 
inherently Federal function exists, we will determine whether a 
specific function is inherently Federal on a case-by-case basis 
considering the totality of circumstances.
    The Office of Self-Governance requested comments on the proposed 
list for all bureaus on June 14, 2006. A number of editorial and 
technical changes were provided by Interior's bureaus and incorporated 
into separate bureau-specific notices. While the notice of June 14, 
2006, illustrated all eligible non-BIA programs for DOI, this notice is 
particular to the Fish and Wildlife Service.

II. Existing AFAs between Self-Governance Tribes and the Fish and 
Wildlife Service

    1. Council of Athabascan Tribal Governments.
    2. Confederated Salish and Kootenai Tribes of the Flathead 

III. Eligible Non-BIA Programs of the Service

    Below is a listing of the types of non-BIA Service programs, or 
portions thereof, that may be eligible for self-governance funding 
agreements because they either are ``otherwise available to Indians'' 
under Title I and not precluded by any other law, or may have ``special 
geographic, historical, or cultural significance'' to a participating 
tribe. The list represents the most current information on programs 
potentially available to tribes under a self-governance AFA.
    We will also consider for inclusion in funding agreements other 
programs or activities not included below, but which, upon request of a 
self-governance tribe, we determine to be eligible under either 
sections 403(b)(2) or 403(c) of the Act. Tribes with an interest in 
such potential agreements are encouraged to begin such discussions.
    Our mission is to conserve, protect, and enhance fish, wildlife, 
and their habitats for the continuing benefit of the American people. 
Our primary responsibilities are for migratory birds, endangered 
species, freshwater and anadromous fisheries, and certain marine 
mammals. We also have a continuing cooperative relationship with a 
number of Indian tribes throughout the National Wildlife Refuge System 
and the Service's fish hatcheries. Any self-governance tribe may 
contact a national wildlife refuge or national fish hatchery directly 
concerning participation in our programs under the Act.
    Some elements of the following programs may be eligible for 
inclusion in a self-governance AFA. We developed the list below based 
on the proximity of an identified self-governance tribe to a national 
park, monument, preserve, or recreation area and the types of programs 
that have components that may be suitable for contracting through a 
self-governance AFA. This list is not all-inclusive, but is 
representative of the types of Service programs which may be eligible 
for tribal participation through an AFA.
    1. Subsistence Programs in the State of Alaska.
    2. Technical Assistance:
    b. Habitat Surveys.
    c. Sport Fish Restoration.
    d. Capture of Depredating Migratory Birds.
    e. Program Planning.
    f. Habitat Restoration Activities.
    3. Endangered Species Programs:
    a. Cooperative Management of Conservation Programs.
    b. Development and Implementation of Recovery Plans.
    c. Conducting Status Surveys for High Priority Candidate Species.
    d. Participation in the Development of Habitat Conservation Plans.
    4. Education Programs:
    a. Interpretation.
    b. Outdoor Classrooms.
    c. Visitor Center Operations.
    d. Volunteer Coordination Efforts on- and off-Refuge.
    5. Environmental Contaminants Program:
    a. Analytical Devices.
    b. Removal of Underground Storage Tanks.
    c. Specific Cleanup Activities.
    d. Natural Resource Economic Analysis.
    e. Specific Field Data Gathering Efforts.
    6. Fish Hatchery Operations:
    a. Egg Taking.
    b. Rearing/Feeding.
    c. Disease Treatment.
    d. Tagging.
    e. Clerical/Facility Maintenance.
    7. Wetland and Habitat Conservation and Restoration:
    a. Construction.
    b. Planning Activities.
    c. Habitat Monitoring and Management.
    8. National Wildlife Refuge Operations and Maintenance:
    a. Construction.
    b. Farming.
    c. Concessions.
    d. Maintenance.
    e. Comprehensive Management Planning.
    f. Biological Program Efforts.
    g. Habitat Management.

IV. Locations of Refuges and Hatcheries With Close Proximity to Self-
Governance Tribes

1. Alaska National Wildlife Refuges, Alaska.
2. Alchesay National Fish Hatchery, Arizona.
3. Humboldt Bay National Wildlife Refuge, Idaho.
4. Kootenai National Wildlife Refuge, Idaho.
5. Agassiz National Wildlife Refuge, Minnesota.
6. Mille Lacs National Wildlife Refuge, Minnesota.
7. Rice Lake National Wildlife Refuge, Minnesota.
8. National Bison Range, Montana.
9. Ninepipe National Wildlife Refuge, Montana.
10. Pablo National Wildlife Refuge, Montana.

[[Page 13822]]

11. Mescalero National Fish Hatchery, New Mexico.
12. Sequoyah National Wildlife Refuge, Oklahoma.
13. Tishomingo National Wildlife Refuge, Oklahoma.
14. Bandon Marsh National Wildlife Refuge, Washington.
15. Dungeness National Wildlife Refuge, Washington.
16. Makah National Fish Hatchery, Washington.
17. Nisqually National Wildlife Refuge, Washington.
18. Quinalt National Fish Hatchery, Washington.
19. San Juan Islands National Wildlife Refuge, Washington.

V. Programmatic Targets

    During Fiscal Year 2007, upon request of a self-governance tribe, 
the Fish and Wildlife Service will negotiate funding agreements for its 
eligible programs beyond those already negotiated.

    Dated: March 6, 2007.
David Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E7-5343 Filed 3-22-07; 8:45 am]