[Federal Register: December 1, 2008 (Volume 73, Number 231)]
[Notices]
[Page 72828-72832]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de08-88]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R9-EA-2008-N0243; 97000-5612-0000 FY 2008]
Tribal Wildlife Grants; Implementation Guidelines
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice to request public comments on the current implementation
of Tribal Wildlife Grants Program and proposed changes to the program.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service, propose to change our
implementation guidelines for the Tribal Wildlife Grants (TWG) program.
The program helps tribal agencies maintain and enhance sustainable,
healthy populations of fish and wildlife, as well as the habitats that
support them. The TWG program also supports the rich Native American
cultural and spiritual heritage associated with fish and wildlife, as
well as hunting, fishing, trapping, wildlife observation, conservation,
and conservation education. If finalized, these proposed changes would
help the TWG program support tribal agencies address new challenges
such as global climate change, urban sprawl, implementing landscape-
level conservation planning, and a society that is increasingly
disconnected from the natural environment, while ensuring sound
administration and oversight of TWG funds and activities in accordance
with core values and applicable laws, policies, and regulations. We
seek public comment on our proposed changes. Current information about
the TWG program is located at http://www.fws.gov/nativeamerican/
grants.html.
DATES: To ensure consideration, we must receive your written comments
by March 2, 2009 at the U.S. mail or e-mail address under ADDRESSES.
ADDRESSES: Native American Liaison, U.S. Fish and Wildlife Service,
4401 N. Fairfax Drive, MS 330, Arlington, VA 22203; TWG_
COMMENT@FWS.gov (e-mail).
FOR FURTHER INFORMATION CONTACT: Pat Durham, (703) 358-1728.
SUPPLEMENTARY INFORMATION:
I. Background
In 2003, we launched two competitive grant programs for federally
recognized Indian Tribes: the Tribal Wildlife Grants (TWG) program and
the Tribal Landowner Incentive Program (TLIP). To date, we have
provided more than $51 million to 167 Indian Tribes for 288 projects
through TWG. Although TLIP has not been funded in the most recent
fiscal years, TWG has become an important and highly successful
component of our continually expanding effort to partner with tribal
governments.
II. Implementation Guidelines: Current Administrative Guidelines and
Proposed Changes
As the administrator of the TWG program, the Service's Office of
the Native American Liaison (NAL) is seeking comments from the public
on the current implementation of the TWG program and proposed changes
to the program. The goals of this public dialogue are to continue to
improve the program's effectiveness and efficiency in the following
general areas:
Efficient and consistent administration. We will ensure
sound administration and oversight of TWG funds and activities in
accordance with core values and applicable laws, policies, and
regulations.
Management of fish, wildlife, and their habitats. The TWG
program helps tribal agencies to maintain and enhance sustainable,
healthy populations of fish and wildlife, as well as the habitats that
support them.
Utilization of fish, wildlife, and their habitats. The TWG
program helps tribal agencies to support the rich Native American
cultural and spiritual heritage associated with fish and wildlife, as
well as hunting, fishing, trapping, wildlife observation, conservation,
and conservation education.
New challenges and opportunities. To address global
climate change, urban sprawl and a society that is increasingly
disconnected from the natural environment, and to implement landscape-
level conservation planning, the TWG program will support tribal
agencies in efforts to connect people with nature, address the impacts
of climate change, and strengthen and expand partnerships.
We are seeking comments and input on the following five sections:
1. Current administrative guidance.
2. Proposed changes to current administrative guidance.
3. New challenges and opportunities.
4. Proposed performance measures.
5. Additional comments.
At the beginning of each comment you submit, please tell us the
section/subsection number(s) to which your comment pertains.
Section 1. Current Administrative Guidance
1.1. Who Can Apply for TWG Funding?
Federally recognized tribal governments listed in ``Indian Entities
Recognized and Eligible To Receive Services From the United States
Bureau of Indian Affairs,'' which the Bureau of Indian Affairs
published in the Federal Register on April 4, 2008 (73 FR 18553), are
eligible to apply for TWG funding. Tribal organizations and other
entities may participate as sub-grantees or contractors to federally
recognized Tribes.
1.2. What Types of Projects May Receive Funding?
1.2.1. Eligible projects include those to develop and implement
programs for the benefit of tribal wildlife and their habitat,
including species of Native American cultural or traditional importance
and species that are not hunted or fished. Activities may include, but
are not limited to, planning for wildlife and habitat conservation,
fish and wildlife conservation and management actions, fish and
wildlife-related laboratory and field research, natural history
studies, habitat mapping, field surveys and population monitoring,
habitat preservation, conservation easements, and public education that
is relevant to the project.
1.2.2. We are interested in tribal priorities, concerns, and
approaches to the emerging science and potential impacts of climate
change and implementing landscape-level conservation planning. Should
climate change impacts be considered in the ranking criteria for
proposals? If so, we welcome suggestions on how to consider climate
change in the context of tribal priorities.
1.2.3. TWG funds can be used for environmental review, habitat
evaluation, permit review (e.g., Section 404 under the Clean Water
Act), and
[[Page 72829]]
other environmental compliance activities, provided they are directly
related to the TWG project and are discussed in the budget narrative/
table. Although TWG funds cannot be used to conduct activities to
comply with a federal Biological Opinion or with a permit (e.g.,
mitigation responsibilities) for another program or project, they can
be used to implement conservation recommendations.
1.2.4. Projects may be proposed on lands other than those lands
that are held in tribal trust status only if an enforceable contract
with the landowner is submitted with the proposal. The contract must
authorize permission to the grantee to conduct the proposed activities.
1.3. When Are Proposals Due?
Generally, the request-for-proposals period will open the first
business day in May and close on the first business day in September of
each year. Proposals must be received by the appropriate Regional
Office with a postmark no later than the first business day in
September. Addresses for your submissions are provided in Section III
(List of Native American Liaisons) of this notice.
1.4. How Can the Fish and Wildlife Service Help Tribes Plan and
Implement a Project?
The Service may assist Tribes in planning or implementing projects.
Through a number of Service programs, we offer expertise to assist
Tribes in planning and implementing projects. For information on how
the Service may be able to assist, contact the Native American Liaison
(NAL) in the appropriate Regional Office. Information is also available
from the Service's Internet site at http://www.fws.gov/nativeamerican/.
In addition, many other Federal, State, or tribal agencies, as well as
conservation organizations, work closely with Tribes and may be able to
assist with planning and implementing a project.
1.5. How Will Proposals Be Selected?
The Regional NAL will screen proposals for eligibility and will
coordinate the regional ranking process according to nationally uniform
ranking criteria. Top regionally ranked proposals will be recommended
to the Service Director for funding. A national panel will review and
rank remaining proposals and provide its recommendations to the Service
Director. The Director will make the final determination for grant
approval.
1.6. When Do Grantees Address Federal Environmental Compliance Issues?
Addressing the requirements of the National Environmental Policy
Act, the National Historic Preservation Act, Clean Water Act, the
Endangered Species Act, and other applicable authorities can be quite
involved, and is therefore not part of the TWG application. The
Regional NAL will coordinate the applicable process after proposals
have been selected. Although these compliance requirements may delay
the availability of funds to awardees, proposals that are not selected
are not subjected to such additional administrative processes.
Section 2. Proposed Changes to Current Administrative Guidance
Section 2 proposes several changes to the current TWG program
administrative guidance.
2.1. Limitations on Project Proposals.
Projects funded under TWG have historically not been held to a
specific operational time period. The practice of allowing unrestricted
carryover is helpful to some of our partner Tribes in completing multi-
year projects, because, once projects have been selected; they are not
subject to competing for funds after the initial year of that project
for its agreed-upon duration.
An unintended result of this practice is that TWG funds may remain
unused for several years. Also, there is currently no restriction on
how many open grants a partner Tribe may have. Some partner Tribes have
continued to submit new proposals even though these Tribes already have
TWG project(s) that have been selected for funding but not yet
initiated. In the interest of fiscal accountability and efficient use
of federally appropriated funds, we are proposing the following
changes:
2.1.1. Limit the Number of Concurrently Open Grants.
Restrict proposal applications in any given grant cycle to Tribes
that have no more than one open TWG. If a Tribe has more than one open
TWG during the request for proposals for a given fiscal year, that
tribe would be ineligible to submit a new proposal for that same grant
cycle. This change would prevent the practice of holding project funds
for future use while continuing to apply for additional funds.
2.1.2. Limit the Duration of Grant Projects.
Institute a 1-year restriction on all grant projects from the date
that all Federal compliance measures have been satisfied and the formal
letter of agreement has been signed for each grant. Extensions may be
granted by the Service when necessary to accommodate unforeseen or
unaccounted for delays in the execution of a grant. This change would
help to focus projects on specific accomplishments and establish a
pattern that more closely coincides with the Federal appropriations
process.
2.1.3. Lower the Funding Cap.
Reduce the current $200,000 maximum allowable proposal request.
Currently, we receive about 120 proposals each TWG cycle, of which we
are able to select between 30 and 35 percent for funding at current
appropriation levels. A lower maximum grant proposal of $150,000 would
increase both the number of selected proposals and the number of Tribes
receiving TWG, and would discourage less-efficient multi-year
proposals.
2.2. Small Grants.
The Service may institute a Small Grants segment of TWG.
2.2.1. Small Grants.
Grant proposals for less than $25,000 could be limited to projects
that require little pre-agreement work, minimize application
requirements, and address a set of targeted activities. We are seeking
comment on the pros and cons of utilizing a portion of TWG funds as a
small grant program.
2.2.2. Matching Requirements for Small Grants.
When grant applicants contribute their resources to a project,
commitment to that project is demonstrated and its cost/benefit ratio
is enhanced. If a small grants component of TWG were instituted, should
a non-Federal cost-share commitment be a required part of the
application? If so, what minimum percentage of the total requested
federal funds through TWG is appropriate: 25 percent; 50 percent; 100
percent; or other?
2.3 TWG Proposals
2.3.1. Matching Requirements for TWG.
Matching (in-kind) funds are currently not required in a TWG
proposal, although projects that choose to include them may score
higher in the ranking process. When grant applicants contribute their
resources to a project, commitment to that project is demonstrated and
its cost/benefit ratio is enhanced. Should a non-Federal cost-share
commitment be a required part of the TWG application? If so, what
minimum percentage of the total requested federal funds through TWG is
[[Page 72830]]
appropriate: 25 percent; 50 percent; 100 percent; or other?
2.3.2. Capacity Building.
TWG defines Capacity Building as those activities and actions that
support the long-term ability of tribal agencies to manage fish and
wildlife resources and their habitats, including but not limited to the
enhancement of in-house expertise; development of baseline information
such as species lists, population dynamics, habitat mapping, etc.;
development of long-term partnerships; development and implementation
of conservation and restoration management plans; establishment of
permanent facilities for fish and wildlife such as hatcheries,
laboratories, enclosures, etc.; acquisition of necessary equipment;
enhancement of regulatory authority; and gaining recognition as a
participant in local, regional, or national natural resources
management and conservation issues.
Designed to encourage and support the development of new tribal
fish and wildlife management initiatives and partnerships, capacity
building is a significant component of the TWG proposal scoring
criteria. From a national perspective, capacity building has been
successful, but we want to gain the insights of individual Tribes
regarding the importance of capacity building in the proposal scoring
criteria.
Section 3. New Challenges and Opportunities.
Despite the success of TWG, tribal wildlife resources will continue
to confront new challenges. Tribal agencies must address issues such as
limited financial resources, global climate change, implementing
landscape-level conservation planning, urban sprawl and encroachment,
and a society that is increasingly disconnected from the natural
environment.
The processes and partnerships that have been established through
the successful implementation of TWG provide the Service and our tribal
partners an effective mechanism for helping to address these
challenges. We are seeking innovative ways to use TWG to address these
important issues in Indian Country. Below is a list of FWS challenges
and opportunities. Please comment on these challenges and opportunities
or provide alternative ones.
3.1. Connecting People with Nature.
The TWG Program should take positive steps to encourage and nurture
interest in the natural world. Reconnecting people with nature through
hunting and fishing activities and educational opportunities is gaining
in importance, considering the downward trends of participation in
hunting, fishing, and boating, and the fact that those persons who
participate in these activities are the primary financial contributors
to wildlife and habitat conservation in the United States.
3.2. Address Climate Change.
Climate change has the potential to alter native and managed
habitats significantly, to increase the likelihood of species
extinctions, to stress native and non-native wildlife populations, and
to affect how people are able to use fish and wildlife resources.
Anticipating and responding to the limitations and opportunities
resulting from projected climate change in particular areas will be a
unique challenge for all fish and wildlife agencies.
3.3. Strengthening and Expanding Partnerships.
The success of the TWG Program has been due in large part to the
effective partnerships between tribal agencies and the Service.
Continuing this success and achieving the intended outcomes will
require that these partnerships are maintained and strengthened. In
addition, trends in climate change and the public's connection to
nature pose challenges, but they also present opportunities to build
more and better support for conservation through existing and new
partners.
Section 4. Proposed Performance Measures.
We have a responsibility to the American public and congress to be
accountable for the program's activities and actions, including our
expenditure of public funds through TWG. In order to report TWG
accomplishments in a meaningful way, we must identify what goals are
intended (see 4.1, TWG goals) and what measures contribute to those
goals (see 4.2, Proposed Measures). Reporting is a critical component
in maintaining and strengthening the established partnerships between
the Tribes and the Service. Section 4.2 contains a comprehensive list
of possible measures: We would like to identify four or five of these
measures to use to begin quantifying the benefits of TWG. Please let us
know which measures you think are most important and would be most
effective and efficient for tribal governments and the Service to use
to determine the program's success.
4.1. TWG Goals
4.1.1. Efficient and Consistent Administration.
This goal supports the Service's priority to maintain fiscal and
administrative integrity and accountability to the public, and as
required by law, OMB circular A-87 and the President's Management
Agenda.
The TWG program will ensure sound administration and oversight of
program funds and activities in accordance with core values and
applicable laws, regulations, and policies.
4.1.2. Acknowledge the Special Political Status of Indian Tribes.
This goal supports the Service's priority of working with others
towards conservation at the landscape level.
The Service will ensure that Service employees recognize and
understand the government-to-government relationship due federally
recognized Indian tribal governments and will implement TWG
accordingly.
4.1.3. Management of Fish, Wildlife, and their Habitats.
This goal supports migratory bird conservation and management,
achieving recovery and preventing extinction of threatened and
endangered species, and management of aquatic species identified in the
National Fish Habitat Action Plan and other trust species.
The TWG program will help tribal agencies to maintain and enhance
sustainable, healthy populations of fish, wildlife, and the habitats to
support them with a special emphasis on the priorities that our tribal
partners share with the Service.
4.1.4. Utilization of Fish, Wildlife, and their Habitats.
This goal supports the Service's priority of working with others
towards conservation at the landscape level, conservation and
management of migratory birds, management of aquatic species identified
in the National Fish Habitat Action Plan and other trust species, and
ensuring the future of conservation by connecting people with nature.
The TWG program will help tribal agencies to support the rich
cultural and spiritual heritage of Native Americans associated with
fish and wildlife, as well as traditional uses of fish and wildlife and
their habitats such as hunting, fishing, trapping, wildlife
observation, conservation, and conservation education.
[[Page 72831]]
4.1.5. Address the Future Conservation Challenges of Indian Tribes.
This goal supports the Service's priority of working with Indian
tribal governments.
The TWG program will support the efforts of tribal governments to
address the challenges of limited financial resources, global climate
change, urban sprawl and encroachment, and a society that is
increasingly disconnected from the natural environment.
4.2. Proposed Measures
In establishing measures to report the effectiveness of TWG, it is
important to consider the ease by which the information is, and can be
gathered and compiled for reporting purposes. A best-case scenario will
enable the Service to capture data that are generated automatically in
the established activities and actions inherent to the administration
and implementation of TWG projects.
4.2.1. Efficient and Consistent Administration.
Annually report the percentage of open grants in which all fiscal
reporting documents are submitted by required due dates.
4.2.2. Acknowledge the Special Status of Indian Tribes.
Annually report the number of Service employees who have received
training on the special status of federally recognized Indian tribal
governments.
4.2.3. Management of Fish, Wildlife, and their Habitats.
A. Annually report the number of riparian (stream/shoreline) miles
managed or protected to maintain desired conditions, including miles
managed or protected through partnerships, as specified in management
plans or agreements through the TWG.
B. Annually report the number of wetland, upland, and marine and
coastal acres restored, including acres restored through partnerships,
as specified in management plans or agreements through the TWG.
C. Annually report the number of upland acres restored, including
acres restored through partnerships, as specified in management plans
or agreements through the TWG.
D. Annually report the number of upland acres enhanced/restored
through the TWG.
E. Annually report the number of coastal and marine acres restored,
including acres restored through partnerships, as specified in
management plans or agreements through the TWG.
F. Annually report the number of upland acres managed or protected
to maintain desired condition, including acres managed or protected
through partnerships, as specified in management plans or agreements
through the TWG.
G. Report an annual list of threatened or endangered species
stabilized or improved through the TWG.
H. Annually report the number of acres contaminated with invasive
plant species that are managed through the TWG.
I. Report an annual list of invasive animal species that are
managed through the TWG.
J. Annually report the percent of planned tasks implemented for
tribal fish and wildlife conservation as prescribed by management plans
or agreements through the TWG.
4.2.4. Utilization of Fish, Wildlife, and their Habitats.
To measure how the TWG program helps tribal agencies support the
rich cultural and spiritual heritage of Native Americans associated
with fish and wildlife, as well as traditional uses of fish and
wildlife and their habitats, such as hunting, fishing, trapping,
wildlife observation, conservation, and conservation education.
A. Report an annual list of fish and wildlife species and their
habitats that are protected under new tribal ordinance or management
plans as a result of TWG projects and are of special Native American
cultural or religious concern.
B. Report an annual list of fish and wildlife species populations
that are enhanced or stabilized as a result of TWG projects and are of
special Native American cultural or religious concern.
4.2.5. Address the Future Conservation Challenges of Indian Tribes.
A. Annually report the number of TWG project activities or products
implemented to address the long-term effects of global climate change
affecting Indian Tribes.
B. Annually report personnel development, partnerships, and
institutional consistency.
C. Annually report the number of individuals participating in TWG
project activities that engage them in outdoor education and related
activities.
Section 5. Additional Comments.
In addition to the specific items above, the Service encourages any
additional comments, criticisms, and recommendations regarding TWG that
will improve its effectiveness and efficiency.
III. List of Native American Liaisons
----------------------------------------------------------------------------------------------------------------
Regional Native
Service Region States where the American Liaison & Where to send your
project will occur phone number project proposal
----------------------------------------------------------------------------------------------------------------
Region 1 Hawaii, Idaho, Oregon, Pat Gonzales-Rogers U.S. Fish and Wildlife
and (503) 231-6123........ Service
Washington............. Native American
Liaison
Eastside Federal
Complex
911 N.E. 11th Avenue
Portland, OR 97232-
4181
----------------------------------------------------------------------------------------------------------------
Region 2 Arizona, New Mexico, Joe Early U.S. Fish and Wildlife
Oklahoma, (505) 248-6602........ Service
and Texas.............. Native American Liaison
500 Gold Avenue, SW
P.O. Box 1306
Albuquerque, NM 87103-
1306
----------------------------------------------------------------------------------------------------------------
Region 3 Illinois, Indiana, John Leonard U.S. Fish and Wildlife
Iowa, Michigan, (612) 713-5108......... Service
Minnesota, Missouri, Native American Liaison
Ohio, and. 1 Federal Drive
Wisconsin.............. Fort Snelling, MN 55111-
4080
----------------------------------------------------------------------------------------------------------------
[[Page 72832]]
Region 4 Alabama, Arkansas, Jeffrey Fleming U.S. Fish and Wildlife
Florida, (404) 679-7287......... Service
Georgia, Kentucky, ARD External Affairs
Louisiana,. 1875 Century Blvd.
Mississippi, North Atlanta, GA 30345
Carolina,.
South Carolina, and
Tennessee.
----------------------------------------------------------------------------------------------------------------
Region 5 Connecticut, Delaware, DJ Monette U.S. Fish and Wildlife
Maine, (413) 253-8662......... Service
Maryland, Native American Liaison
Massachusetts,. 300 Westgate Center
New Hampshire, New Drive
Jersey,. Hadley, MA 01035-9589
New York, Pennsylvania,
Rhode Island, Vermont,.
Virginia, Washington
D.C.,.
and West Virginia......
----------------------------------------------------------------------------------------------------------------
Region 6 Colorado, Kansas, Kim Greenwood U.S. Fish and Wildlife
Montana, (303) 236-4575......... Service
Nebraska, North Dakota, Tribal Liaison
South Dakota, Utah,.... P.O. Box 25486
and Wyoming............ Denver CO 80225
----------------------------------------------------------------------------------------------------------------
Region 7 Alaska Sue Detwiler U.S. Fish and Wildlife
(907) 786-3868......... Service
Native American Liaison
1011 East Tudor Road
Anchorage, AK 99503-
6199
----------------------------------------------------------------------------------------------------------------
Region 8 California, Nevada and David Wooten Tribal Partnerships
the (916) 414-6576......... Specialist
Klamath Basin.......... Habitat Restoration
Division
2800 Cottage Way, Rm W-
2606
Sacramento, CA 95825
----------------------------------------------------------------------------------------------------------------
Dated: November 14, 2008
Lyle Laverty
Assistant Secretary for Fish and Wildlife and Parks
[FR Doc. E8-28341 Filed 11-28-08; 8:45 am]
BILLING CODE 4310-55-S