[Federal Register: March 26, 2008 (Volume 73, Number 59)]
[Notices]
[Page 16054-16055]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr08-106]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
List of Programs Eligible for Inclusion in Fiscal Year 2008
Funding Agreements With Self-Governance Tribes
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: We, the Fish and Wildlife Service (Service), publish this
notice to list programs or portions of programs that are eligible for
inclusion in Fiscal Year 2008 funding agreements with self-governance
tribes, and to list programmatic targets under section 405(c)(4) of the
Tribal Self-Governance Act.
DATES: The programs and targets we list in this notice expire on
September 30, 2008.
FOR FURTHER INFORMATION CONTACT: Native American Liaison, U.S. Fish and
Wildlife Service, 4401 N. Fairfax Drive, MS 330, Arlington, VA 22203;
telephone, 703-358-2550; fax 703-358-1780 or Assistant Director for
External Affairs, U.S. Fish and Wildlife Service, 1849 C Street, NW.,
Washington, DC 20240, telephone 202-208-6541, fax 202-501-6589.
SUPPLEMENTARY INFORMATION:
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
(Secretary) 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 program; and (2) programmatic targets for each non-BIA
bureau.
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. DOI 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 that ``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.
II. Existing AFAs Between Self-Governance Tribes and the Service
1. Council of Athabascan Tribal Governments. The Council of
Athabascan Governments (CATG) has successfully implemented annual
funding agreements (AFAs) since 2004 to perform activities in the Yukon
Flats National Wildlife Refuge in Interior Alaska. The activities
subject to the AFA have included marking boundaries for public
easements, assisting with environmental education and outreach,
monitoring wildlife harvest, surveying moose populations, and
maintaining Federal property in and around Fort Yukon. Negotiations
have resumed between the U.S. Fish and Wildlife Service and the
Confederated Salish and Kootenai Tribes (CSKT) of the Flathead Nation
regarding an Annual Funding Agreement for management at the National
Bison Range Complex in Montana.
III. Eligible non-BIA Programs of the Service
Below is a listing of the types of non-BIA programs, or portions
thereof, that may be eligible for self-governance funding agreements
because they are either ``otherwise available to Indians'' under Title
I, 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 funding agreement. This list is not all-inclusive, but
is representative of the types of Service programs that may be eligible
for tribal participation through an AFA.
1. Subsistence Programs Within the State of Alaska
Evaluate and analyze data for annual subsistence regulatory cycles
and other data trends related to subsistence harvest needs.
2. Technical Assistance, Restoration and Conservation
Conduct planning and implementation of population surveys, habitat
surveys, restoration of sport fish, capture of depredating migratory
birds, and habitat restoration activities.
3. Endangered Species Programs
Conduct activities associated with the conservation and recovery of
threatened or endangered species protected under the Endangered Species
Act (ESA) and candidate species under the ESA may be eligible for self-
governance agreements. These activities may include, but are not
limited to, cooperative conservation programs, development of recovery
plans and implementation of recovery actions for threatened and
endangered species, and implementation of status surveys for high
priority candidate species.
4. Education Programs
Provide services in interpretation, outdoor classroom instruction,
visitor center operations, and volunteer coordination both on and off
National Wildlife Refuge lands in a variety of communities. Also
assisting with environmental education and outreach efforts in local
villages.
5. Environmental Contaminants Program
Conduct activities associated with identifying and removing toxic
chemicals, which help prevent harm to fish, wildlife and their
habitats. The activities required for environmental contaminant
management may include, but are not limited to, analysis of
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pollution data, removal of underground storage tanks, specific cleanup
activities, and field data gathering efforts.
6. Wetland and Habitat Conservation and Restoration
Provide services for construction, planning, and habitat monitoring
and activities associated with conservation and restoration of wetland
habitat.
7. Fish Hatchery Operations
Conduct activities to recover aquatic species listed under the
Endangered Species Act, restore native aquatic populations, and provide
fish to benefit Tribes and National Wildlife Refuges. Activities that
may be eligible for a self-governance agreement may include, but are
not limited to: egg taking, rearing and feeding of fish, disease
treatment, tagging, and clerical or facility maintenance at a fish
hatchery.
8. National Wildlife Refuge Operations and Maintenance
Conduct activities to assist the National Wildlife Refuge System, a
national network of lands and waters for conservation, management and
restoration of fish, wildlife and plant resources and their habitats
within the United States. Activities that may be eligible for a self-
governance agreement may include, but are not limited to: construction,
farming, concessions, maintenance, biological program efforts, habitat
management, fire management, and implementation of comprehensive
conservation planning.
We will also consider for inclusion in AFAs other programs or
activities not listed above, 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.
IV. Locations of Refuges and Hatcheries With Close Proximity to Self-
Governance Tribes
We developed the list below based on the proximity of an identified
self-governance tribe to Service facilities that have components that
may be suitable for contracting through a self-governance agreement.
1. All 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.
11. Sequoyah National Wildlife Refuge, Oklahoma.
12. Tishomingo National Wildlife Refuge, Oklahoma.
13. Bandon Marsh National Wildlife Refuge, Washington.
14. Dungeness National Wildlife Refuge, Washington.
15. Makah National Fish Hatchery, Washington.
16. Nisqually National Wildlife Refuge, Washington.
17. Quinalt National Fish Hatchery, Washington.
18. San Juan Islands National Wildlife Refuge, Washington.
V. Programmatic Targets
During Fiscal Year 2008, upon request of a self-governance tribe,
FWS will negotiate funding agreements for our eligible programs beyond
those already negotiated.
Dated: February 27, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-6180 Filed 3-25-08; 8:45 am]
BILLING CODE 4310-55-P