[Federal Register: March 23, 2004 (Volume 69, Number 56)]
[Page 13677-13683]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 13677]]


Part III

Department of the Interior


Fish and Wildlife Service


Fiscal Year 2004 Tribal Landowner Incentive Program and Tribal Wildlife 
Grants; Request for Grant Proposals; Notices

[[Page 13678]]



Fish and Wildlife Service

Fiscal Year 2004 Tribal Landowner Incentive Program; Request for 
Grant Proposals

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of request for proposals; final policy, and 
implementation guidelines.


SUMMARY: We, the Fish and Wildlife Service (Service) are soliciting 
project proposals for Federal assistance under the Tribal Landowner 
Incentive Program (TLIP). This document describes how you can apply for 
funding under the TLIP and how we will determine which project 
proposals will be funded. The Department of the Interior and Related 
Agencies Appropriations Act for Fiscal Year (FY) 2004 allocated 
$29,630,000 from the Land and Water Conservation Fund for conservation 
grants to States, the District of Columbia, Puerto Rico, Guam, the 
United States Virgin Islands, the Northern Mariana Islands, American 
Samoa, and Tribes under a Landowner Incentive Program. This notice sets 
forth guidance for the allocation of $2,963,000 for TLIP.

DATES: Project proposals must be postmarked by May 24, 2004, and 
submited to the appropriate Regional Office (see Table 1 in ADDRESSES).

ADDRESSES: For information regarding collection requirements, 
applicants should contact the Native American Liaison in the Service's 
Regional Office for the State in which the proposed project would 
occur. The contact information for each Regional Office is listed in 
Table 1 below. Information on the TLIP is also available from the U.S. 
Fish and Wildlife Service, Office of the Native American Liaison, 1849 
C Street, NW., Mail Stop 3251, Washington, DC 20240, and electronically 
at http://grants.fws.gov/tribal.html.

    Project proposals should be submitted to the Service's Regional 
Office for the State in which the proposed project would occur (see 
Table 1 under this section). You must submit one original and two 
copies of the complete proposal. We will not accept facsimile project 

                     Table 1.--Where To Send Project Proposals and List of Regional Contacts
                                  States where the project      Where to send your      Regional Native American
         Service region                  will occur              project proposal       Liaison and phone number
Region 1.......................  Hawaii, Idaho, Oregon,     Regional Director, U.S.    Scott L. Aikin
                                  Washington, Nevada, and    Fish and Wildlife         (503) 231-6123.
                                  California.                Service, Eastside
                                                             Federal Complex, 911
                                                             N.E. 11th Avenue,
                                                             Portland, OR 97232-4181.
Region 2.......................  Arizona, New Mexico,       Regional Director, U.S.    John Antonio
                                  Oklahoma, and Texas.       Fish and Wildlife         (505) 248-6810.
                                                             Service, 500 Gold
                                                             Avenue, SW., P.O. Box
                                                             1306, Albuquerque, NM
Region 3.......................  Illinois, Indiana, Iowa,   Regional Director, U.S.    John Leonard
                                  Michigan, Minnesota,       Fish and Wildlife         (612) 713-5108.
                                  Missouri, Ohio, and        Service, 1 Federal
                                  Wisconsin.                 Drive, Fort Snelling, MN
Region 4.......................  Alabama, Arkansas,         Regional Director, U.S.    James D. Brown
                                  Florida, Georgia,          Fish and Wildlife         (404) 679-7125.
                                  Kentucky, Louisiana,       Service, 1875 Century
                                  Mississippi, North         Blvd, Rm. 410, Atlanta,
                                  Carolina, South            GA 30345.
                                  Carolina, and Tennessee.
Region 5.......................  Connecticut, Delaware,     Regional Director, U.S.    D.J. Monette
                                  District of Columbia,      Fish and Wildlife         (413) 253-8662.
                                  Maine, Maryland,           Service, 300 Westgate
                                  Massachusetts, New         Center Drive, Hadley, MA
                                  Hampshire, New Jersey,     01035-9589.
                                  New York, Pennsylvania,
                                  Rhode Island, Vermont,
                                  Virginia, and West
Region 6.......................  Colorado, Kansas,          Regional Director, U.S.    David Redhorse
                                  Montana, Nebraska, North   Fish and Wildlife         (303) 236-4575.
                                  Dakota, South Dakota,      Service, P.O. Box 25486,
                                  Utah, and Wyoming.         Denver Federal Center,
                                                             Denver, CO 80225-0486.
Region 7.......................  Alaska...................  Regional Director, U.S.    Tony DeGange
                                                             Fish and Wildlife         (907) 786-3492.
                                                             Service, 1011 East Tudor
                                                             Road, Anchorage, AK

FOR FURTHER INFORMATION CONTACT: For further information, contact the 
Native American Liaison in the appropriate Regional Office (see Table 1 
under ADDRESSES) or Patrick Durham, Office of the Native American 
Liaison, U.S. Fish and Wildlife Service, 1849 C Street, Mail Stop 3012 
MIB, Washington, DC 20240, 202/208-4133.


I. Request for Proposals:

    The Service invites submission of grant proposals from federally 
recognized Indian tribal governments (including Alaska Native Villages) 
for the protection and management of habitat to benefit federally 
listed, proposed, or candidate species, or other at-risk species. This 
program supports the efforts of tribal governments in programs that 
develop or augment the capacity to manage, conserve, or protect fish 

wildlife species of concern through the provision of funding and 
technical support.

II. Definitions

    The following definitions apply:
    1. At-Risk Species--Any plant or animal species recognized as a 
species of conservation concern, such as species listed or identified 
by a State or a Tribe.
    2. Biological Opinion--Any document that includes: (1) The opinion 
of the Fish and Wildlife Service or the National Marine Fisheries 
Service as to whether or not a Federal action is likely to jeopardize 
the continued existence of listed species, or result in the destruction 
or adverse modification of designated critical habitat; (2) a summary 
of the information on which the opinion is based; and (3) a detailed 
discussion of the effects of the action on listed species or designated 
critical habitat under the provisions of the Endangered Species Act.
    3. Candidate Species--Plant and animal taxa considered for possible 
addition to the List of Endangered and Threatened Species.
    4. Conservation Recommendation--The Fish and Wildlife Service's 

[[Page 13679]]

binding suggestions resulting from formal or informal consultation, 
under the Endangered Species Act, that; (1) Identify discretionary 
measures a Federal agency can take to minimize or avoid the adverse 
effects of a proposed action on listed or candidate species, or 
designated critical habitat; (2) identify studies, monitoring, or 
research to develop new information on listed or candidate species, or 
designated critical habitat; and (3) include suggestions on how an 
agency can assist species conservation as part of their action and in 
furtherance of its authorities under section 7(a)(1) of the Endangered 
Species Act.
    5. Habitat--The area that provides direct support for a given 
species, population, or community. It includes all environmental 
features that comprise an area such as air quality, water quality, 
vegetation and soil characteristics, and water supply.
    6. Listed Species--Any species of fish, wildlife, or plant that has 
been determined to be endangered or threatened under section 4 of the 
Endangered Species Act.
    7. Mitigation--Activities carried out under National Environmental 
Policy Act regulations, for the purpose of moderating, reducing, or 
alleviating the impacts of a proposed activity, including (a) avoiding 
the impact by not taking a certain action; (b) minimizing impacts by 
limiting the degree or magnitude of the action; (c) rectifying the 
impact by repairing, rehabilitating, or restoring the affected 
environment; (d) reducing or eliminating the impact over time by 
undertaking preservation and maintenance operations during the life of 
the action; and (e) compensating for the impact by replacing or 
providing substitute resources or environments.
    8. Proposed Species--Any species of fish, wildlife, or plant that 
is proposed in the Federal Register to be listed under section 4 of the 
Endangered Species Act.
    9. Tribal Lands--Lands held by the United States in trust for a 
Tribe or an individual Indian; or lands legally owned in fee simple by 
a Tribe or an individual Indian that are subject to Federal 
restrictions against alienation or encumbrance. Also lands for which a 
Tribe or an individual Indian retained specific right-of-way or uses as 
defined by treaty or other binding agreement (including Alaska Native 
Corporation lands).

III. Background

    The Department of the Interior and Related Agencies Appropriations 
Act of 2004 allocated $29,630,000 from the Land and Water Conservation 
Fund for conservation grants to States, the District of Columbia, 
Puerto Rico, Guam, the United States Virgin Islands, the Northern 
Mariana Islands, American Samoa, and Tribes under the Landowner 
Incentive Program. The Service herein provides the implementation 
guidance for the tribal component of the program.
    In recent years, natural resource managers have increasingly 
recognized that private lands play a pivotal role in inking or 
providing important habits for fish, wildlife, and plant species. To 
protect and enhance these habitats through incentives for private 
landowners, Congress appropriated $29,630,000 for the Service to 
administer a new Landowner Incentive Program (LIP) for States and 
Tribes. The Service will award grants for actions and activities that 
protected and restore habitats that benefit federally listed, proposed, 
or candidate species, or other at-risk species on private lands. A 
primary objective of LIP is to establish, or supplement existing, 
landowner incentive programs that provide technical and financial 
assistance, including habitat protection and restoration, to private 
landowners for the protection and management of habitat to benefit 
federally-listed, proposed, or candidate species, or other at-risk 
species on private lands as stated in the appropriations language. LIP 
complements other Federal private lands conservation programs that 
focus on conservation of habitat.
    The Service is providing guidance to the public and, particularly, 
to federally recognized Tribes, in the administration of the $2,963,000 
allocated for TLIP. This program will provide conservation monies to 
federally recognized Tribes for actions and activities that protect and 
restore habitats that benefit federally-listed, proposed, or candidate 
species, or other at-risk species on tribal lands. TLIP was created 
because of the unique relationship between the Federal Government and 
Tribes and because tribal lands are not private lands and would not be 
eligible for funding under a State-administered LIP with a private 
lands grant distribution system. Because the Tribes directly administer 
the funds rather than distribute them further to individual landowners, 
the criteria used in evaluating program proposals differ to some extent 
from those used in the LIP. The results of both the LIP and TLIP would 
be similar in effect, because both encourage voluntary conservation of 
natural resources. A series of questions and answers follows and 
describes the guidance in some detail.

IV. Implementation Guidelines

A. Eligibility

1. Who May Participate in the TLIP
    Federally recognized Tribes in all parts of the United States, 
including: federally recognized Tribes, pueblos, rancherias, and Alaska 
native village or traditional councils as defined by the Alaska Native 
Claims Settlement Act may participate.
2. Are State-Recognized Tribes or Petitioning Tribes Eligible To 
Receive Grants Under This Program?
    No. Only federally recognized Tribes are eligible to receive grants 
under this program. Federally recognized Tribes are listed in the 
Federal Register (68 FR 68180; December 5, 2003).
3. Can Tribal Organizations or Other Entities (Including Individual 
Indian Allottees) Receive Grants Under This Program?
    No. However, organizations or entities may participate as 
subgrantees or contractors to federally recognized Tribes.
4. What Process Will the Service Use To Solicit and Receive Proposals 
for Funding?
    The Service will request proposals through a Federal Register 
notice. In addition, direct contact, and other forms of outreach to 
eligible applicants will be used. The Service's Regional Directors will 
receive all proposals.
5. Who Will Coordinate the Scoring of Grant Application Submissions?
    The Regional Native American Liaisons of the Service will 
coordinate the process to screen proposals to ensure that they are 
complete and to score them according to nationally uniform criteria. 
Tribes are encouraged to contact the Native American Liaison in the 
appropriate Regional Office identified in Table 1 under ADDRESSES for 
additional assistance in submitting proposals.
6. How Will the Various Grant Application Submissions Be Reviewed for 
    A national panel will review regionally ranked proposals for 
recommendations to the Director of the Service (Director).
7. Who Will Serve as the National Review Panel?
    Service and other Federal agency personnel, as appropriate, and as 
may be identified by the Director will serve on the panel.

[[Page 13680]]

8. Will Tribal Representatives Be Involved in Reviewing or Ranking 
    No, only Federal employees will review and rank proposals.
9. Who Will Make the Final Determination for Grant Approval?
    The Director will make the final determination for grant awards.
10. How Will the Tribes Be Notified Whether They Have Been Awarded 
    Applicants will be notified by the Director or Regional Directors 
as to whether or not they have been awarded grants. Regional Native 
American Liaisons will contact the tribal representatives that signed 
the grant applications.

B. Application Requirements

1. Is TLIP Exempt From Federal Grant Program Compliance?
    No, the TLIP program must comply with all Federal grant program 
compliance requirements as specified in 43 CFR part 12, OMB Circulars 
A-133, A-102, and A-87; and Service Manual Chapters 522 FW1 and 523 
FW1, except where specifically exempted. Tribal grantees are 
responsible for ensuring that subgrantees and contractors adhere to 
these requirements.
2. What Must Proposals Include for Participation in TLIP?
    Proposals must include a cover letter, program summary, program 
narrative, budget narrative, and a completed Standard Form 424 
Application for Federal Assistance (SF-424), and tribal resolution of 
support as described herein.
     --A cover letter briefly states the main features of the proposed 
     --A program summary describes, in one-half page, the type of 
activity that would take place if the Service funds the proposal.
     --A program narrative clearly identifies the problems that the 
proposal will correct or help solve for the protection and management 
of habitat to benefit federally listed, proposed, or candidate species, 
or other at-risk species on tribal lands, and the expected results or 
benefits. It must contain a needs assessment, objectives, timeline, 
methodology, geographic location (with maps), monitoring plan, and 
identification of clear, obtainable, and quantifiable goals and 
performance measures that will help achieve the management goals and 
objectives of the TLIP and relevant Service and tribal performance 
goals. The relevant Service goals are Goal 1 Sustainability of Fish and 
Wildlife Populations, including Migratory Bird Conservation (Goal 1.1), 
Imperiled Species (Goal 1.2), Interjurisdictional Fish (Goal 1.3), 
Marine Mammal Management (Goal 1.4), Species of International Concern 
(Goal 1.5), and Invasive Species (Goal 1.6); Goal 2, Habitat 
Conservation including; Habitat Conservation off Service Lands (Goal 
2.3); and Mission Goal 4, Partnership in Natural Resources, including 
Tribal Governments (Goal 4.1) all of which can be found in the 
Service's Long-Term Strategic Plan for 2000 to 2005 at http://planning.fws.gov/USFWStrategicPlanv3.pdf.
 Related Service planning and 

results can be found at http://planning.fws.gov/.

     --A budget narrative clearly justifies all proposed costs and 
indicates that the grantee will provide adequate management systems for 
fiscal and contractual accountability, including annual monitoring and 
evaluation of progress toward desired project objectives, goals, and 
performance measures. It should include discussion of direct cost items 
such as salaries, equipment, consultant services, subcontracts, and 
travel, as well as program matching or cost sharing information. If 
some partners will provide in-kind matching, they must be listed in the 
grant proposal with a letter of commitment from each. Only 
contributions made by non-Federal partners will be accepted as in-kind 
match. Applicants may cover new project administrative costs and the 
Tribal Indirect Cost Rate, but they cannot include pre-existing 
administrative costs.
     --An SF-424 form must be included with the grant application and 
is available on the internet at http://training.fws.gov/fedaid/toolkit/sf424-f.pdf

     --A resolution of support from the appropriate tribal governing 
body or from an individual with delegated tribal authority stating 
support for the proposal is required. If a resolution of support is not 
submitted with the proposal, one will be required prior to awarding the 
3. Where Can Applicants Obtain a Grant Proposal Application Kit?
     Applicants can obtain a grant proposal package from the Native 
American Liaison in the appropriate Regional Office (see Table 1 under 
ADDRESSES) or at the Service's Grants Web site http://grants.fws.gov/tribal.html

4. Are Matching Funds Required?
     Yes, the Service requires a minimum of 25 percent non-Federal 
matching funds for participation in this program. No more than 75 
percent of the project cost may be Federal funds.
5. Are In-Kind Contributions Eligible as Matching Funds?
    Yes, in-kind contributions provided by the Tribe or a third party 
may be counted towards the required 25 percent non-federal matchng 
requirement. Any in-king contributions in excess of the required 25 
percent may be used as a match to improve the potential ranking of a 
proposal. The Federal Government has defined ``in-kind'' as non-cash 
contributions made by the Tribe. In-kind contributions must be 
necessary and reasonable for carrying out the project, and must 
represent the same value that the Service would have paid for similar 
services or property if purchased on the open market. Allowable in-kind 
contributions are defined in 43 CFR 12.64. Additional information can 
be found at http://training.fws.gov/fedaid/toolkit/inkind.pdf.

6. Can a Tribe Submit More Than One Grant Proposal?
    Tribes are encouraged to submit a single comprehensive grant 
proposal but multiple proposals are allowable.
7. What Maximum Level of Project Funding Will Be Considered Under TLIP?
    The Service will award grants up to a maximum of $150,000. If more 
than one proposal is submitted by any one Tribe, no more than $150,000 
total can be awarded to that Tribe. This amount is approximately 5 
percent of the annual appropriation, and it allows for grants that are 
large enough to make a significant impact and be widely distributed. No 
proposal shall be accepted that requests more than $150,000, in federal 
8. What Minimum Level of Project Funding Will Be considered Under TLIP
    There is no proposal or grant award minimum.

C. Ranking Criteria

What Ranking Criteria Will the Service Use?
    The Service will score proposals based on the following criteria:
    Benefit: What are the probable significant outcomes to protect and 
restore habitats that benefit federally listed, proposed, or candidate 
species, or other at-risk species on tribal lands if

[[Page 13681]]

this program is successfully completed? The Service requires that the 
Tribe articulate how the benefits of its proposal support the goals and 
objectives of the TLIP and Service and tribal Performance Goals in its 
proposal narratives.
    Performance Measures: To what extent does the proposal provide 
obtainable and quantifiable performance measures and means to monitor, 
evaluate, and report on these measures compared to an initial baseline? 
The measures should be specific and clear and should provide 
demonstrable benefits to the target species of the action. These 
measures must support the goals and objectives of the TLIP, the 
Service, and the Tribe.
    Work Plan: Are the program activities and objectives well-designed 
and achievable?
    Budget: Are all major budget items justified in relation to the 
program objectives and clearly explained in the narrative description?
    Capacity Building: To what extent does the program increase the 
grantee's capacity to implement actions and activities that protect and 
restore habitats that benefit federally listed, proposed, or candidate 
species, or other at-risk species on tribal lands?
    Contributions and Partnerships: To what extent does the applicant 
display commitment to the project proposal through in-kind contribution 
or matching funds and to what extend does it incorporate contributions 
from other non-Federal partners in the form of either cash or in-kind 

D. TLIP Operations and Management

1. Can Grantees Use TLIP Funds To Cover Costs of Environmental Review, 
Habitat Evaluation, Permit Review (e.g., section 404), and Other 
Environmental Compliance Activities Associated With a TLIP Project Or 
    Yes, the TLIP funds can cover these activities, provided they are 
directly related to the TLIP project or program being funded and are 
included in the budget and discussed in the program and budget 
2. What Activities Are Eligible Under TLIP?
    Eligible programs include those that improve, restore, preserve, or 
maintain habitat for endangered, threatened, candidate, or other at-
risk species. Examples of the types of projects within identified 
tribal programs that the Service may fund include using prescribed 
burning to restore grasslands that support imperiled species, fencing 
to exclude animals from sensitive habitats, or planting native 
vegetation to restore degraded habitat. Tribes may implement TLIP 
projects on a variety of lands, including reservations, individual 
allotments, fee-lands, and village corporation and regional corporation 
lands in Alaska. Activities that result in the protect and management 
of listed, proposed, candidate, or other at-risk species and their 
habitat are eligible for funding.
3. What Species Are Considered Endangered, Threatened, Candidate, or 
    Those species federally listed as endangered or threatened under 
the Endangered Species Act of 1973, as amended, or species proposed or 
candidates for such listing, or at-risk species (e.g., species 
recognized as a species of conservation concern, such as species listed 
or identified by a State or a Tribe).
4. Are Any Specific Activities Not Allowable Under the Guidance of 
    A proposal cannot include activities required to comply with a 
Biological Opinion under the Endangered Species Act or include 
activities required to comply with a permit (e.g., mitigation 
responsibilities). However, a proposal can include activities that 
implement conservation recommendations or to cover the costs of 
environmental review, habitat evaluation, permit review, and other 
environmental compliance activities that are required because of the 
TLIP project, provided they are included in the budget and discussed in 
the Program and Budget Narratives.
5. Does the Term ``Private Lands'' in the Landowner Incentive Program 
Appropriation Language Exclude Tribal Trust Lands From Participation in 
    No, tribal trust lands are not ``public lands.'' For the purposes 
of inclusion under TLIP, federally recognized Tribes are considered 
landowners and are eligible.
6. Is the TLIP Program a Continuous Revenue Source For Tribal Wildlife 
    No, there is no authorization for appropriation of funds beyond FY 
2004. Funds appropriated in FY 2004 are available until spent.
7. Can the Grantee Hold TLIP Funds in an Interest-Bearing Account?
    Funds can be held in an interest-bearing account, although any 
interest earned in excess of $100 must be returned to the fiscally 
responsible Federal agency (43 CFR 12.64).
8. Can TLIP Funds Be Used To Purchase or Acquire Land or Other Interest 
in Real Property?
    Yes, the Service must receive assurances that acquired lands shall 
be for purposes of conservation and protection of federally listed, 
proposed, candidate or at-risk species.

E. Grant Award Procedures

1. What Additional Information Must Be Provided To the Service By the 
Grantees Once Awards Are Announced?
    Once the Director notifies grantees that their proposal has been 
selected for funding, the recipient must submit a grant agreement and 
attachments as required by Federal regulations. As with our other 
Federal programs, TLIP agreements must comply with 43 CFR part 12, the 
National Environmental Policy Act, section 7 of the Endangered Species 
Act, the National Historic Preservation Act, and all other applicable 
Federal laws and regulations. This grant program is also subject to 
provisions of Office of Management and Budget Circulars No. A-87, A-
102, and A-133 (see http://www.whitehouse.gov/omb/circulars).

2. Once Grants Are Awarded, Who Should the Grantee Consider as the Lead 
Contact Person?
    Once grants have been awarded, the grantee should consider the 
appropriate Regional Native American Liaison as the lead contact person 
for all matters pertaining to the particular award. Financial matters 
will be delegated to the Division of Federal Assistance through the 
Native American Liaison.
3. How Will Funds Be Discharged Once the Service Has Awarded TLIP 
    Subsequent to funding approval, grant funds are electronically 
provided through the Department of Health and Human Services' SMARTLINK 
payment management system. Through this electronic funds transfer 
(EFT), grantees will be able to receive funds as needed. Some of the 
tribal grantees may not be EFT complaint. In order for us to ensure 
optimal service to potential grantees within the current Federal 
Assistance process, grantees will need to obtain EFT capabilities 
compatible with the SMARTLINK payment management system. Grantees may 
request an advance of no more than 25 percent of the total grant if the 
advance is documented in the grant agreement.

[[Page 13682]]

4. What Reporting Requirements Must Tribes Meet Once Funds Are 
Obligated Under a TLIP Grant Agreement?
    Quarterly Financial Status Reports (SF-272) which can be found at 
http://www.whitehouse.gov/omb/grants/sf272.pdf, must be submitted 

electronically. A final Financial Status Report (SF-269) which can be 
found at http://www.whitehouse.gov.omb/grants/sf269.pdf, will be due to 

the Regional Office within 90 days of the grant agreement ending date. 
An annual performance report--including a list of project 
accomplishments relative to those which were planned in the grant 
agreement--will also be required within 90 days of the end of each 12-
month period. The effectiveness of each Tribe's program, as reported in 
the annual performance reports, will be an important factor considered 
during the grant award selection process in subsequent years.
5. Will Tribes Be Able To Claim Reimbursement for Administrative Costs 
(Overhead) and How Will Appropriate Overhead Rates Be Determined?
    Yes. These costs can be included as long as they follow the OMB 
guidelines for administrative costs, which can be obtained through our 
Federal Assistance office in each Region. However, applicants are 
encouraged to keep these costs to a minimum of those expenses that are 
essential to the success of the proposed project. An applicant may 
include administrative overhead as an in-kind contribution that may 
improve the overall benefit of the project proposal. Please note that 
full-time equivalents costs must be tied to a specific project and 
should be included in proposals sparingly.

V. Procedural Requirements

A. Regulatory Planning and Review (Executive Order 12866)

    This policy document identifies proposed eligibility criteria and 
selection factors that may be used to award grants under TLIP. The 
Service developed this policy to ensure consistent and adequate 
evaluation of grant proposals that are voluntarily submitted and to 
help prospective applicants understand how the Service will award 
grants. According to Executive Order 12866, this policy document is 
significant and has been reviewed by the Office of Management and 
Budget (OMB) in accordance with the four criteria discussed below.
    1. TLIP will not have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, jobs, the environment, public 
health or safety, or State or local communities. The Department of the 
Interior and Related Agencies Appropriations Act for Fiscal Year (FY) 
2002 allowed the Secretary to create TLIP. In addition, grants that are 
funded will generate other, secondary benefits, including benefits to 
natural systems (e.g., air, water) and local economies. All of these 
benefits are widely distributed and are not likely to be significant in 
any single location. It is likely that some residents where projects 
are initiated will experience some level of benefit, but quantifying 
these effects at this time is not possible. We do not expect the sum of 
all the benefits from this program, however, to have an annual effect 
on the economy of $100 million or more.
    2. We do not believe the TLIP would create inconsistencies with 
other agencies' actions. Congress has given the Service the 
responsibility to administer this program.
    3. TLIP would not materially alter the budgetary impact of 
entitlements, user fees, loan programs, or the rights and obligations 
of their recipients. This policy document addresses a grant program, 
authorized by Public Law 107-63, which should make greater resources 
available to applicants. The submission of grant proposals is 
completely voluntary, but necessary to receive benefits. When an 
applicant decides to submit a grant proposal, the proposed eligibility 
criteria and selection factors identified in this policy can be 
construed as requirements placed on the awarding of the grants. 
Additionally, we will place further requirements on grantees who are 
selected to receive funding under the TLIP program in order to obtain 
and retain and benefit they are seeking. These requirements include 
specific Federal financial management and reporting requirements as 
well as specific habitat improvements or other management activities 
described in the applicant's grant proposal.

B. Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., as 
amended, whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (e.g., small 
businesses, small organizations, and small government jurisdictions). 
Indian Tribes are not considered to be small entities for purposes of 
the Act and, consequently, no regulatory flexibility analysis has been 

C. Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996

    This implementation guidance is not considered a major rule under 
the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 
(5 U.S.C. 804(2)) because it does not have an annual effect on the 
economy of $100 million or more. The amount of TLIP program funds 
provided this year is limited to $2,963,000.
    This implementation guidance will not cause a major increase in 
costs or prices for consumers, individual industries, Federal, State, 
or local government agencies, or geographic regions. Actions under this 
implementation guidance will distribute Federal funds to Indian tribal 
governments and tribal entities for purposes consistent with activities 
similar to other Service programs designed to enable landowners to 
protect and conserve species as may be protected under the Endangered 
Species Act and the habitat that supports such species.
    This implementation guidance does not have significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or the ability of United States-based enterprises to 
compete with foreign-based enterprises.

D. Unfunded Mandates Reform Act

    This implementation guidance would not impose unfunded mandates as 
defined by the Unfunded Mandates Reform Act of 1995, (Pub. L. 104-4, 
March 22, 1995, 109 Stat. 48). This guidance will not result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any one year (2 
U.S.C. 1532).

 E. Takings Implication Assessment (Executive Order 12630)

     This implementation guidance does not have significant ``takings'' 
implications. This implementation guidance does not pertain to 
``taking'' of private property interests, and its impact on private 
property would be an incentive that is totally landowner driven.

 F. Executive Order 13211--Energy Effects

     On May 18, 2001, the President issued Executive Order 13211, which 
speaks to regulations that significantly affect energy supply, 
distribution, and use. The Executive Order requires agencies

[[Page 13683]]

to prepare Statements of Energy Effects when undertaking certain 
actions. This implementation guidance is not expected to significantly 
affect energy supplies, distribution, or use. Therefore, no Statement 
of Energy Effects has been prepared.

 G. Executive Order 13132--Federalism

     This implementation guidance does not have significant Federalism 
effects because it pertains solely to Federal-tribal relations and will 
not interfere with the roles, rights, and responsibilities of States.

H. Civil Justice Reform (Executive Order 12988)

    This implementation guidance does not unduly burden the judicial 
system and meets the applicable standards provided in sections 3(a) and 
3(b)(2) of the Executive Order 12988.

 I. National Environmental Policy Act (NEPA)

     This implementation guidance does not constitute a Federal action 
significantly affecting the quality of the human environment. The 
Service has determined that the issuance of the implementation guidance 
is categorically excluded under the Department of the Interior's NEPA 
procedures in 516 DM 2, appendix 1, and 516 DM 6, appendix 1. The 
Service will be responsible for ensuring that grants funded through 
TLIP are in compliance with NEPA.

 J. Consultation and Coordination With Indian Tribal Governments 
(Executive Order 13175).

     Pursuant to Executive Order 13175 of November 6, 2000, 
``Consultation and Coordination with Indian Tribal Governments,'' we 
have committed to consulting with tribal representatives in the 
finalization of the implementation guidance for the TLIP. We have 
evaluated any potential effects on federally recognized Indian Tribes 
and have determined that there are no potential adverse effects. This 
guidance expands tribal participation in Service programs and allows 
for opportunities for tribal wildlife management and conservation 
initiatives across Indian Country. We will continue to consult with 
tribal governments and tribal entities as a part of the policymaking 
process, and beyond in furthering our mutual goals for the TLIP.

K. Paperwork Reduction Act (44 U.S.C. 3501

    The information collection requirements of this program will be 
largely met through the Federal Assistance Grants Application Booklet. 
Federal Assistance has OMB approval for this information collection 
under Control Number 1018-1019. This approval applies to grants managed 
by the Division of Federal Assistance, even if these grants are for 
other Divisions of the Service. We are collecting this information 
relevant to the eligibility, substantiality, relative value, and budget 
information from applicants in order to make awards of grants under 
these programs. We are collecting financial and performance information 
to track costs and accomplishments of these grant programs. An agency 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number.

    Dated: March 12, 2004.
Paul Hoffman,
Acting Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 04-6291 Filed 3-22-04; 8:45 am]