[Federal Register: July 10, 2008 (Volume 73, Number 133)]
[Notices]
[Page 39713-39714]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jy08-73]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Fish and Wildlife Service and Confederated Salish and Kootenai
Tribes Sign Annual Funding Agreement
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: On June 19, 2008, the U.S. Fish and Wildlife Service (the
Service) and the Confederated Salish and Kootenai Tribes (CSKT)
(collectively the Parties) signed an annual funding agreement (AFA)
under the Tribal Self-Governance Act of 1994. The Tribal Self-
Governance Act provides for the Secretary of the Interior (the
Secretary) to negotiate and enter into an AFA with a tribe
participating in Self-Governance, authorizing the tribe to plan,
conduct, consolidate, and administer programs, services, functions, and
activities, or portions thereof (Activities), administered by the
Secretary, which are of special geographic, historical, or cultural
significance to that tribe. This includes such Activities within the
National Wildlife Refuge System (NWRS).
Under the AFA, the CSKT will function in partnership with the
Service and will be directly involved with our management mission at
the National Bison Range Complex (NBRC). CSKT will perform a variety of
Activities at the NBRC, including operational responsibility for
mission-critical Activities such as the biology, maintenance, visitor
services, and fire programs. The NBRC will remain a unit
[[Page 39714]]
of the NWRS and will continue to be administered and managed by the
Service in accordance with the NWRS Administration Act (16 U.S.C.
668dd-ee, as amended), and all other applicable Federal laws,
regulations, and policies.
On June 19, 2008, the AFA was signed by the Tribal Chairman and the
Director of the Service, and endorsed by the following senior
Department of the Interior management officials: The Secretary of the
Interior, Deputy Secretary of the Interior, Assistant Secretary for
Fish and Wildlife and Parks, and Acting Director, Office of Economic
Development, on behalf of the Office of the Acting Assistant
Secretary--Indian Affairs. Copies of the AFA have been forwarded to the
U.S. Congress for a 90-day review period, pursuant to the implementing
regulations at 25 CFR 1000.177-178.
DATES: The AFA term is October 1, 2008, through September 30, 2011. The
Parties may agree in writing to extend the term for performing any
Activity covered by the AFA, as provided at 25 CFR 1000.146, and
subject to applicable Federal laws and regulations. All of the terms
and conditions of the AFA will apply during any extension. The Parties
may modify the Activities covered by the AFA or the consideration paid
by the Service to the CSKT for performing an Activity only by amendment
as provided in Section 21.A of the AFA.
ADDRESSES: You may obtain a copy of the AFA and Attachments A-D at any
of the following Internet or U.S. mail addresses:
1. Internet--http://mountain-prairie.fws.gov/cskt-fws-negotiation.
2. Montana--National Bison Range Headquarters, 132 Bison Range
Road, Moiese, Montana 59824.
3. Denver--U.S. Fish and Wildlife Service Regional Office, National
Wildlife Refuge System--Mountain-Prairie Region, P.O. Box 25486, DFC,
Denver, Colorado 80225.
4. Confederated Salish and Kootenai Tribes, P.O. Box 278, Pablo,
Montana 59855.
FOR FURTHER INFORMATION CONTACT: Dean Rundle, Refuge Supervisor, at
(303) 236-4306.
SUPPLEMENTARY INFORMATION: What is the NBRC? Located in northwestern
Montana, the NBRC is part of the NWRS and consists of the National
Bison Range, the Pablo and Ninepipe National Wildlife Refuges, and that
portion of the Northwest Montana Wetland Management District that lies
in Lake County. Established in 1908 to conserve the American Bison, the
NBRC provides important habitat for a variety of species such as elk,
pronghorn antelope, and migratory birds.
How Was the AFA Developed? The Service and the CKST negotiated in
accordance with 25 CFR part 1000.
What Events Led to this AFA? In January 2008, at the request of
Department of the Interior and Service leadership, representatives of
the Parties entered into a facilitated process to create a framework
for negotiating an AFA pursuant to the Indian Self-Determination and
Education Assistance Act (Pub. L. 93-638). The overarching goal of this
process and the subsequent negotiations was to build trust and ensure a
solid understanding of both Parties' interests and intentions with
regard to the long-term conservation and stewardship of the NBRC.
Throughout the period of January-June 2008, the parties engaged in
government-to-government negotiations, led by professional, field-level
staff, to draft the AFA in a manner that balanced the intent and
function of the Self-Governance Act and the NWRS Administration Act, as
well as other applicable Federal laws, regulations, and policies.
Following the conclusion of negotiations in June 2008, the Service and
the Department of the Interior conducted an extensive legal and policy
review of the AFA to ensure it met all applicable requirements before
signing the AFA on behalf of the United States.
What is the Tribal Self-Governance Act of 1994? The Tribal Self-
Governance Act (codified at 25 U.S.C. 458aa-458hh) was enacted as an
amendment to Public Law 93-638 (codified as the Indian Self-
Determination Act, 25 U.S.C. 450-450n) and incorporated as Title IV of
that Law. The Tribal Self-Governance Act allows qualifying tribes the
opportunity to request AFAs with the Bureau of Indian Affairs (BIA) and
non-BIA bureaus within the Department of the Interior. When dealing
with non-BIA bureaus, including the Service, qualifying tribes may
enter into AFAs that allow them to conduct certain activities of such
non-BIA bureaus. Eligible activities include Indian programs (programs
created for the benefit of Native Americans because of their status as
Native Americans); activities otherwise available to Native American
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 the Indian tribe requesting a
compact. Public Law 93-638 and the implementing regulation at 25 CFR
1000.129 prohibit the inclusion of Activities in an AFA that are
inherently Federal functions. The NBRC has no special Tribal programs.
All activities conducted by 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 AFA with a tribe for these activities is
discretionary on the part of the Service. The Service recognizes that
the CSKT has a cultural, historical, and/or geographical connection to
the lands and resources of the NBRC. The proposed AFA provides for the
CSKT to perform certain Activities for the NBRC during a 3-year period.
What Happens Now?
As noted above, the AFA has been signed by the Director of the
Service, and endorsed by senior Department of the Interior management.
In accordance with 25 CFR 1000.177, the Assistant Secretary for Fish
and Wildlife and Parks has forwarded copies of the AFA to the Senate
Committee on Indian Affairs and the House Subcommittee on Native
American and Insular Affairs, as well as other Congressional committees
with jurisdictions related to the NWRS and the Service. If there are no
objections to the AFA, the agreement will take effect 90 days after
submission to Congress.
Dated: June 27, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-15685 Filed 7-9-08; 8:45 am]
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