[Federal Register: March 26, 2008 (Volume 73, Number 59)]
[Page 16054-16055]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 16054]]



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.


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.


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 
    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 

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 

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 

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]