April

PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 147 (4/24/08)

Navajo Nation; Underground Injection Control (UIC) Program; Proposed Primacy Approval and Minor Revisions, Thursday, April 24, 2008, 73 FR 22111-01, (PDF), 2008 WL 1816964

SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve an application from the Navajo Nation ("Tribe") under Section 1425 of the Safe Drinking Water Act (SDWA) for primary enforcement responsibility (or "primacy") for the underground injection control (UIC) program for Class II (oil and gas-related) injection wells located: within the exterior boundaries of the formal Navajo Reservation, including the three satellite reservations (Alamo, Canoncito and Ramah), but excluding the former Bennett Freeze Area, the Four Corners Power Plant and the Navajo Generating Station; and on Navajo Nation tribal trust and allotted lands outside the exterior boundaries of the formal Navajo Reservation. (These areas are collectively referred to hereinafter as "areas covered by the Tribe's Primacy Application.") EPA would continue to administer its SDWA UIC program for any Class I, III, IV, and V wells on Navajo Indian lands (defined as Indian country in EPA UIC regulations; see definition of "Indian lands"). EPA is also proposing minor revisions to regulations that are not specific to the Navajo Nation's application. EPA requests public comment on this proposed rule, the Navajo Nation's application, and EPA's supporting documentation, and will consider all comments received within the public comment period before taking final action.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families (4/11/08)

Administration for Native Americans, Friday, April 11, 2008, 73 FR 19854-02, (PDF), 2008 WL 973301

SUMMARY: This notice is to inform the public that the Administration for Native Americans (ANA) intends to announce six (6) urgent grant awards. The urgent grant awards will fund projects that are designed to mitigate the impact of the devastation created by the Southern California Wildfires of October 2007. As a result of the devastating wildfires that destroyed approximately 1,500 homes and 500,000 acres of land, ANA is providing urgent financial assistance to five Tribes and one Tribal Association to address a variety of restoration activities that include reforestation and revegetation, debris removal, erosion control and restoration, emergency planning and preparedness. Contained herein is a description of the projects to be funded:
Rincon Band of Luiseno Indians ($114,977 for 6 months) This project will assist in the restoration of 4,250 acres of tribal lands with the planting of 6,750 cottonwood, sycamore, and oak seedlings to provide erosion control.
Santa Ysabel Band of Diegueno Indians ($155,230 for 6 months) This project will protect existing properties, protect the health and safety of community members, and make 300 acres of the reservation less vulnerable to wildfires.
La Jolla Band of Luiseno Indians ($150,353 for 6 months ) The goal of the project is to protect tribal residents from injury, death or displacement and reduce the possibility of damage or losses to existing assets, particularly critical facilities/infrastructures owned by the tribe. The project will clear four drainage channels of debris that currently present a fire/flooding threat.
Mesa Grande Band of Mission Indians ($72,772 for 6 months) This project will insure the safety of tribal members and protect tribal assets through the thinning and clearing of fire prone debris on 280 acres of tribal land.
Pauma Band of Mission Indians ($29,949 for 3 months) This project will stabilize the banks of Pauma Creek to protect lives and property on the Pauma Reservation by placing cut rock along the Pauma Creek banks to prevent flooding.
Southern California Tribal Chairman's Association ($126,123 for 6 months) This project will restore connectivity to the rural Tribes in Southern California by reestablishing access of high speed internet services with the reconstruction of one tower, repair of a second tower, and the repair and replacement of power sources and radio equipment for three towers. It will also develop, print, and disseminate disaster prevention brochures to all tribal members of the Southern California Tribes to provide information and inform them of the real-time access to information through the Internet.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Parts 26, 27 (4/9/08)

Job Placement and Training, Wednesday, April 9, 2008, 73 FR 19179-01, (PDF), 2008 WL 938704

SUMMARY: This rule would consolidate requirements governing the Employment Assistance Program and the Adult Vocational Training Program. These programs assist Indian people to obtain job skills and to obtain and retain permanent employment. Combining these regulations will be consistent with changes to the Department's budget, which has combined these two regulations into one line item.

NOTICES DEPARTMENT OF THE INTERIOR (4/8/08)

Royalty Policy Committee (RPC)--Notice of Renewal, Tuesday, April 8, 2008, 73 FR 19093-01, (PDF), 2008 WL 925206

SUMMARY: Following consultation with the General Services Administration, notice is hereby given that the Secretary of the Interior (Secretary) is renewing the Royalty Policy Committee. The Royalty Policy Committee provides advice related to the Department's management of Federal and Indian mineral leases and revenues, and reports to the Secretary through the Director of the Minerals Management Service. The Royalty Policy Committee also reviews and provides comments on recent management and other mineral-related policies; and provides a forum to convey views representative of mineral leases, operators, revenue payors, revenue recipients, government agencies, and the interested public.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (4/7/08)

Public Law 93-599 Transfer of Excess Property--Cherokee Nation, OK, Monday, April 7, 2008, 73 FR 18809-02, (PDF), 2008 WL 911650

SUMMARY: This notice informs the public that the General Services Administration (GSA), Greater Southwest Region, Fort Worth, Texas, has transferred approximately 790.70 acres, of excess property, more or less, in Sequoyah County, Oklahoma, to the Secretary of the Interior, to be held in trust for the benefit and use of the Cherokee Nation.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (4/4/08)

Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs, Friday, April 4, 2008, 73 FR 18553-01, (PDF), 2008 WL 892616

SUMMARY: This notice publishes the current list of 562 tribal entities recognized and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian tribes. The list is updated from the notice published on March 22, 2007 (72 FR 13648).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (4/3/08)

Land Acquisitions; Skokomish Indian Tribe, Washington, Thursday, April 3, 2008, 73 FR 18297-03, (PDF), 2008 WL 872379

SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 0.94 acres of land into trust for the Skokomish Indian Tribe of Washington on March 14, 2008. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary--Indian Affairs by 209 Departmental Manual 8.1.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (4/3/08)

Indian Gaming, Thursday, April 3, 2008, 73 FR 18297-02, (PDF), 2008 WL 872378

SUMMARY: This notice publishes an Approval of the Amendment to Interim Compact between the Chippewa Cree Tribe of the Rocky Boy's Reservation and the State of Montana regarding Class III Gaming on the Rocky Boy's Reservation.

RULES and REGULATIONS ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 49 (4/3/08)

Announcement of the Delegation of Partial Administrative Authority for Implementation of Federal Implementation Plan for the Quinault Reservation to the Quinault Indian Nation, Thursday, April 3, 2008, 73 FR 18161-01, (PDF), 2008 WL 872412

SUMMARY: This action announces that on October 4, 2007, EPA Region 10, and the Quinault Indian Nation, entered into a Partial Delegation of Administrative Authority to carry out certain day-to-day activities associated with implementation of the Federal Implementation Plan for the Quinault Reservation (Quinault FIP). A note of this partial delegation is being added to the Quinault FIP.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (4/1/08)

Tribal Consultation for Facilities Management Activities, Tuesday, April 1, 2008, 73 FR 17375-01, (PDF), 2008 WL 839287

SUMMARY: This notice announces that the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE) will be conducting tribal consultation meetings to obtain oral and written comments on potential facility management commercial activities and to determine whether these facility management activities should be: provided by a private sector provider through a contract; by government personnel through a letter of obligation; or by a public reimbursable source through a fee-for-service agreement within Indian Country. The proposed topic is the Office of Management and Budget (OMB) Circular A-76 standard study on the facilities management within BIA/BIE. The intended effect of the A-76 study is to review and select which facilities management functions will be considered for competition. The intended results are to improve performance, become more efficient through the A-76 process, and reduce overall program cost. The potential issues set forth will be described in a tribal consultation booklet issued prior to the meetings by BIA/BIE.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (4/1/08)

Announcement of Funding Awards for the Indian Community Development Block Grant Program for Fiscal Year 2007, Tuesday, April 1, 2008, 73 FR 17372-01, (PDF), 2008 WL 839286

SUMMARY: In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the Fiscal Year 2007 (FY2007) Notice of Funding Availability (NOFA) for the Indian Community Development Block Grant (ICDBG) Program. This announcement contains the consolidated names and addresses of this year's award recipients under the ICDBG.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (4/1/08)

Tribal Management Grant Program, Tuesday, April 1, 2008, 73 FR 17355-01, (PDF), 2008 WL 839279

SUMMARY: The Indian Health Service (IHS) announces competitive grant applications for the Tribal Management Grant (TMG) Program. This program is authorized under Section 103(b)(2) and Section 103(e) of the Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended. This program is described at 93.228 in the Catalog of Federal Domestic Assistance (CFDA).

NOTICES DEPARTMENT OF COMMERCE, Bureau of the Census (4/1/08)

American Indian Areas (AIAs) for the 2010 Census--Proposed Criteria and Guidelines, Tuesday, April 1, 2008, 73 FR 17303-02, (PDF), 2008 WL 839243

SUMMARY: The Bureau of the Census (Census Bureau) defines American Indian areas (AIAs) as the geographic entities within the United States that are specifically defined for the collection, tabulation, and presentation of decennial census data for federally and/or state-recognized American Indian tribes. The AIAs will be used to collect, tabulate, and present data for the 2010 Census, period estimates from the American Community Survey (ACS) after 2010, and potentially other Census Bureau statistical data. More specifically, for the 2010 Census, AIAs consist of the following types of geographic entities: American Indian reservations (AIRs); Off-reservation trust lands (ORTLs); Oklahoma tribal statistical areas (OTSAs); Tribal designated statistical areas (TDSAs); State designated tribal statistical areas (SDTSAs); Tribal census tracts (tribal tracts); Tribal block groups; Tribal subdivisions on AIRs, ORTLs, and OTSAs; Census designated places (CDPs) on AIRs, ORTLs, and OTSAs.
The geographic entities listed above include both legal and statistical geographic entities (see ''Definitions of Key Terms'' section). The Census Bureau is not proposing any new types of AIAs for the 2010 Census. The Census Bureau is specifically seeking comments on the following proposed changes for the 2010 Census, but will consider all submitted comments:
Change the term ''State Designated American Indian Statistical Areas'' (SDAISAs) to ''State Designated Tribal Statistical Areas'' or SDTSAs.
Clarify the definition and purpose of OTSAs. In addition, because all former AIRs in Oklahoma were delineated as OTSAs for Census 2000, the Census Bureau proposes that no new OTSAs may be delineated for the 2010 Census, and to the extent possible, OTSA boundaries for the 2010 Census should be consistent with those defined for Census 2000. The Census Bureau also seeks to avoid defining joint use area OTSAs for the 2010 Census.
Clarify the definition, purpose, and the criteria and guidelines for TDSAs and SDTSAs.
Identify tribal census tracts and tribal block groups as separate statistical geographic entities distinct from ``standard'' county-based census tracts and block groups.
The Census Bureau will provide responses to comments received as part of the publication of the final criteria in the Federal Register at a future date.
The Census Bureau has three geographic partnership programs through which it collects updates to the inventory, boundaries, and attributes of AIAs for the 2010 Census: The annual Boundary and Annexation Survey (BAS), the State Reservation Program, and the Tribal Statistical Areas Program (TSAP). Both the BAS and the State Reservation Program provide the process for reviewing and updating those AIAs that are legal geographic entities: AIRs and ORTLs under the governmental authority of federally recognized American Indian tribes, tribal subdivisions within these federally recognized AIRs and ORTLs, and AIRs for state- recognized American Indian tribes. The TSAP provides the process for reviewing and updating those AIAs that are statistical geographic entities: OTSAs, tribal subdivisions within OTSAs, TDSAs, SDTSAs, tribal census tracts, tribal block groups, and CDPs. Each of these programs is discussed in more detail within the SUPPLEMENTARY INFORMATION section of this Federal Register notice.
For information regarding similar programs for Alaska Native Areas (ANAs), please refer to the Federal Register notice titled ''Alaska Native Areas (ANAs) for the 2010 Census--Proposed Criteria and Guidelines'' (73 FR 14203; March 17, 2008).

March

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (3/31/08)

Tribal Self-Governance Program; Planning Cooperative Agreement, Monday, March 31, 2008, 73 FR 16874-01, (PDF), 2008 WL 828174

SUMMARY: The purpose of the program is to award cooperative agreements that provide planning resources to Tribes interested in participating in the Tribal Self-Governance Program (TSGP) as authorized by Title V, Tribal Self-Governance Amendments of 2000 of the Indian Self-Determination and Education Assistance Act of Public Law (Pub. L.) 93-638, as amended. There is limited competition under this announcement because the authorizing legislation restricts eligibility to Tribes that meet specific criteria (Refer to Section 111.1.A., ELIGIBLE APPLICANTS in this announcement). The TSGP is designed to promote self-determination by allowing Tribes to assume more control of Indian Health Service (IHS) programs and services through compacts negotiated with the IRS. The Planning Cooperative Agreement allows a Tribe to gather information to determine the current types of Programs, Services, Functions, and Activities (PSFAs), and related funding available at the Service Unit, Area, and Headquarters levels and provide the opportunity to improve and enhance the healthcare delivery system to better meet the needs of the Tribal community. This program is described at 93.210 in the Catalog of Federal Domestic Assistance (CFDA).

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (3/31/08)

Tribal Self-Governance Program; Negotiation Cooperative Agreement, Monday, March 31, 2008, 73 FR 16870-02, (PDF), 2008 WL 828173. See corrections of errors in: 73 FR 23255-01, (PDF), 2008 WL 1859385

SUMMARY: The purpose of the program is to award cooperative agreements that provide negotiation resources to Tribes interested in participating in the Tribal Self-Governance Program (TSGP) as authorized by Title V, Tribal Self-Governance Amendments of 2000 of the Indian Self-Determination and Education Assistance Act of Public Law (Pub. L.) 93-638, as amended. There is limited competition under this announcement because the authorizing legislation, Public Law 106- 260, Title V, restricts eligibility to Tribes that meet specific criteria (Refer to Section III.l.A., ELIGIBLE APPLICANTS in this announcement). The TSGP is designed to promote self-determination by allowing Tribes to assume more control of Indian Health Service (IHS) programs and services through compacts negotiated with the IHS. The Negotiation Cooperative Agreement provides Tribes with funds to help cover the expenses involved in preparing for and negotiating with the IHS and assists eligible Indian Tribes to prepare Compacts and Funding Agreements (FAs). This program is described at 93.210 in the Catalog of Federal Domestic Assistance (CFDA). The Negotiation Cooperative Agreement provides resources to assist Indian Tribes to conduct negotiation activities that include but are not limited to: 1. Determine what programs, services, functions, and activities (PSFAs) will be negotiated. 2. Identification of Tribal shares that will be included in the FA. 3. Development of the terms and conditions that will be set forth in the FA. The award of a Negotiation Cooperative Agreement is not required as a prerequisite to enter the TSGP. Indian Tribes that have completed comparable health planning activities in previous years using Tribal resources but have not received a Tribal self-governance planning award are also eligible to apply.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (3/31/08)

Reimbursement Rates for Calendar Year 2008, Monday, March 31, 2008, 73 FR 16870-01, (PDF), 2008 WL 828172

SUMMARY: Notice is given that the Director of Indian Health Service (IHS), under the authority of sections 321(a) and 322(b) of the Public Health Service Act (42 U.S.C. 248 and 249(b)), Public Law 83-568 (42 U.S.C. 2001 (a)), and the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), has approved the following rates for inpatient and outpatient medical care provided by IHS facilities for Calendar Year 2008 for Medicare and Medicaid beneficiaries and beneficiaries of other Federal programs. The Medicare Part A inpatient rates are excluded from the table below as they are paid based on the prospective payment system. Since the inpatient rates set forth below do not include all physician services and practitioner services, additional payment may be available to the extent that those services meet applicable requirements. Public Law 106-554, section 432, dated December 21, 2000, authorized IHS facilities to file Medicare Part B claims with the carrier for payment for physician and certain other practitioner services provided on or after July 1, 2001.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (3/31/08)

Office of Clinical and Preventive Services; Elder Care Initiative Long-Term Care Grant Program, Monday, March 31, 2008, 73 FR 16862-01, (PDF), 2008 WL 828171

SUMMARY: The Indian Health Service (IHS) announces the availability of up to $600,000 for competitive grants through the Elder Care Initiative Long Term Care (ECILTC) Grant Program to support planning and implementation of sustainable long-term care services for American Indians and Alaska Native (AI/AN) elders. This program is authorized under the Snyder Act, Indian Health Care Improvement Act, as amended, 25 U.S.C. 1653(c), and Public Health Service Act, Section 301, as amended. This program is described at 93.933 in the Catalog of Federal Domestic Assistance (CFDA).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (3/28/08)

Grant Availability to Federally Recognized Indian Tribes for Projects Implementing Traffic Safety on Indian Reservations, Friday, March 28, 2008, 73 FR 16704-01, (PDF), 2008 WL 816368

SUMMARY: In accordance with the Surface Transportation and Uniform Relocation Assistance Act of 1987, and as authorized by the Secretary of Transportation, the Bureau of Indian Affairs (BIA) intends to make funds available to federally recognized Indian tribes on an annual basis for implementing traffic safety projects, which are designed to reduce the number of traffic crashes, death, injuries, and property damage within Indian Country. All project applications received will be reviewed and selected on a competitive basis. This notice informs Indian tribes that grant funds are available and that information packets are being mailed to all tribal leaders on the latest Tribal Leaders list that is compiled by the BIA. A copy of the Application Packet can also be obtained by contacting the BIA Indian Highway Safety Office.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, Minerals Management Service, 30 CFR Parts 203, 206, 210, 216, 218, and 227 (3/26/08)

Reporting Amendments, Wednesday, March 26, 2008, 73 FR 15885-02, (PDF), 2008 WL 779460

SUMMARY: The MMS is amending existing regulations for reporting production and royalties on oil, gas, coal and other solid minerals, and geothermal resources produced from Federal and Indian leases in order to align the regulations with current MMS business practices. These amendments reflect changes that were implemented as a result of major reengineering of MMS financial systems and other legal requirements.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (3/25/08)

Land Acquisitions; Puyallup Tribe, Washington, Tuesday, March 25, 2008, 73 FR 15770-01, (PDF), 2008 WL 762361

SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 10.2 acres of land into trust for the Puyallup Tribe of Washington on March 14, 2008. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary--Indian Affairs by 209 Departmental Manual 8.1.

RULES and REGULATIONS DEPARTMENT OF TRANSPORTATION, Federal Highway Administration, 23 CFR Part 661 (3/25/08)

Indian Reservation Road Bridge Program, Tuesday, March 25, 2008, 73 FR 15661-02, (PDF), 2008 WL 762439

SUMMARY: Section 1119 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144) makes significant changes to the Indian Reservation Road Bridge Program (IRRBP). In addition, it authorizes $14 million of IRRBP funds per year for the replacement or rehabilitation of structurally deficient or functionally obsolete Indian Reservation Road (IRR) bridges. This final rule amends the existing IRRBP by establishing new policies and provisions. Also, in this final rule, preliminary engineering (PE) is now an eligible activity.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (3/19/08)

Final Determination Against Federal Acknowledgment of the Steilacoom Tribe of Indians, Wednesday, March 19, 2008, 73 FR 14833-01, (PDF), 2008 WL 718014

SUMMARY: Pursuant to 25 CFR 83.10(l)(2), notice is hereby given that the Department of the Interior (Department) declines to acknowledge the group known as the Steilacoom Tribe of Indians (STI) of 1515 Lafayette Street, P.O. Box 88419, Steilacoom, Washington 98388, c/o Mr. Danny Marshall, as an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioner does not satisfy four of the seven mandatory criteria for acknowledgment, specifically §§ 83.7(a), 83.7(b), 83.7(c), and 83.7(e), as defined in 25 CFR part 83. Consequently, the STI does not meet the requirements for a government-to-government relationship with the United States.

NOTICES DEPARTMENT OF COMMERCE, Bureau of the Census (3/17/08)

Alaska Native Areas (ANAs) for the 2010 Census--Proposed Criteria and Guidelines, Monday, March 17, 2008, 73 FR 14203-02, (PDF), 2008 WL 692724

SUMMARY: The Bureau of the Census (Census Bureau) is requesting comment on proposed criteria and guidelines for Alaska Native Areas (ANAs) for the 2010 Census. Criteria are those rules and conditions that must be met when defining a geographic entity; guidelines are procedures and measures suggested by the Census Bureau to enhance the utility of statistical geographic areas for presentation and analysis of statistical data. ANAs are geographic entities within the State of Alaska defined for the collection, tabulation, and presentation of decennial census data and will be used for the 2010 Census. ANAs also will be used to tabulate and present period estimates from the American Community Survey (ACS) after 2010 and potentially other Census Bureau surveys. ANAs consist of two types of unique geographic entities: Alaska Native Regional Corporations (ANRCs) and Alaska Native village statistical areas (ANVSAs) \1\. At this time, the Census Bureau does not propose any changes to the process for naming and delineating boundaries of ANRCs as used in Census 2000. The Census Bureau proposes to revise the criteria and guidelines for eligibility, location, delineation, and naming of ANVSAs to ensure more consistent and comparable ANVSAs and more meaningful, relevant, and reliable statistical data for Alaska Natives and their ANAs. This Notice also contains definitions of key terms used in the ANVSA criteria and guidelines for the 2010 Census.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 224 (3/10/08)

Tribal Energy Resource Agreements Under the Indian Tribal Energy Development and Self-Determination Act, Monday, March 10, 2008, 73 FR 12808-01, (PDF), 2008 WL 620730

SUMMARY: The Secretary of the Interior (Secretary) is promulgating final regulations providing that Indian tribes, at their discretion, may enter into business agreements and leases for energy resource development and grant rights-of-way for pipelines or electric transmission or distribution lines on tribal land without the Secretary's review and approval. Indian tribes entering into such business agreements, leases, and grants of rights-of-way must execute them under an approved tribal energy resource agreement (TERA) between the Secretary and the tribe. These final regulations provide the process under which a tribe may apply for, and the Secretary may grant, authority for an Indian tribe to review and approve leases and business agreements and grant rights-of-way for specific energy development activities on tribal lands through an approved TERA. The regulations also cover processes for implementation of TERAs, including periodic review and evaluation of a tribe's activities under a TERA, enforcement of TERA provisions, and administrative appeals. The regulations also include a process for a tribe's voluntarily rescinding a TERA.

NOTICES NATIONAL INDIAN GAMING COMMISSION (3/6/08)

Fee Rate, Thursday, March 6, 2008, 73 FR 12221-02, (PDF), 2008 WL 594197

SUMMARY: Notice is hereby given, pursuant to 25 CFR 514.1(a)(3), that the National Indian Gaming Commission has adopted preliminary annual fee rates of 0.00% for tier 1 and 0.057% (.00057) for tier 2 for calendar year 2008. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation under 25 CFR part 518, the preliminary fee rate on class II revenues for calendar year 2008 shall be one-half of the annual fee rate, which is 0.0285% (.000285).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (3/4/08)

Indian Gaming, Tuesday, March 4, 2008, 73 FR 11661-01, (PDF), 2008 WL 558144

SUMMARY: This notice publishes an approval of Amendment II of the Amended and Restated Class III Gaming Compact between the Confederated Tribes of the Umatilla Indian Reservation and the State of Oregon.

February

NOTICES INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT (2/29/08)

Request for Nominations to the Board of Trustees, Friday, February 29, 2008, 73 FR 11091-01, (PDF), 2008 WL 534020

SUMMARY: The Board directs the Administration of the Institute of American Indian and Alaska Native Culture and Arts Development, including soliciting, accepting, and disposing of gifts, bequests, and other properties for the benefit of the Institute. The Institute, established under Public Law 99- 498 (20 U.S.C. 4411 et seq.), provides scholarly study of and instruction in Indian art and culture, and establishes programs which culminate in the awarding of degrees in the various fields of Indian art and culture. The Board consists of thirteen members appointed by the President of the United States, by and with the consent of the U.S. Senate, who are American Indians or persons knowledgeable in the field of Indian art and culture. This notice requests nominations to fill seven expiring terms and one vacancy on the Board of Trustees.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 171 (2/29/08)

Irrigation Operation and Maintenance, Friday, February 29, 2008, 73 FR 11028-01, (PDF), 2008 WL 534149

SUMMARY: The Department of the Interior, Bureau of Indian Affairs (BIA) is revising the regulation governing irrigation projects under its jurisdiction. The purpose of the revision is to provide consistent administration; establish the process for updating practices, policies, and procedures for the administration, operation, maintenance, and rehabilitation of irrigation projects; and provide uniform accounting and recordkeeping procedures. This regulation has also been rewritten in plain English as mandated by Executive Order 12866. It also addresses several issues that the prior regulation did not cover.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (2/28/08)

Privacy Act of 1974; Report of a New System of Records; Sanitation Facilities Construction Individual Applicant Records, Thursday, February 28, 2008, 73 FR 10789-01, (PDF), 2008 WL 513578

SUMMARY: In accordance with the requirements of the Privacy Act of 1974, we are proposing to establish a new system titled, "Sanitation Facilities Construction Individual Applicant Records (SFCIA), System No. 09-17-004." Under the provisions of the Indian Sanitation Facilities Act, Pub. L. 86-121 (42 U.S.C. 2004a), IHS is charged with carrying out the functions to determine basic individual and home eligibility for sanitation services. The primary purpose of this system is to determine eligibility of individuals and homes for sanitation services; budget justification for appropriation and project development to serve eligible homes and persons with sanitation facilities; to monitor, track and report status and progress of services provided; to maintain records on and to verify individuals' eligibility for services; and to link with the IHS Resource and Patient Management System (RPMS) for purposes of verifying and determining individuals' eligibility.

Information retrieved from this system may be disclosed to: (1) Congressional offices in response to a verified inquiry; (2) other Federal agencies or Tribes that provide funding for or are involved in providing sanitation facilities to individuals or communities, and may be disclosed to individuals or communities, and may be disclosed to individuals specifically involved in the process of providing sanitation facilities, including but not limited to Tribal officials, Tribal housing authorities, Tribal utilities, contractors, State and local entities and consultants; (3) support litigation involving the agency; (4) referrals to the appropriate agency, whether Federal, State, or local, charged with enforcing or implementing the statute or rule, regulation or order; (5) HHS contractors and subcontractors for the purpose of collecting, compiling, aggregating, analyzing, or refining records; (6) other Federal or Tribal entities that provide sanitation facilities at the request of these entities in conjunction with a computer-matching program conducted by these entities to detect or curtail fraud and abuse in similar types of program services; and (7) appropriate Federal agencies and Departmental contractors in the event of data breaches either suspected or confirmed.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (2/25/08)

Office of Environmental Information; Announcement of Availability and Comment Period for Revised Enforcement and Compliance and Tribal Identifier Data Standards, Monday, February 25, 2008, 73 FR 10026-01, (PDF), 2008 WL 475997

SUMMARY: Notice of availability for a 30 day review and comment period is hereby given for two revised data standards--(1) Enforcement and Compliance Data Standard and (2)Tribal Identifier Data Standard. The Enforcement and Compliance Data Standard identifies and defines the major areas of enforcement and compliance information that could be used for the exchange of data among environmental agencies and other entities. The purpose of the standard is to provide a common lexicon, so that information about functionally similar activities and/or instruments can be stored.

The Tribal Identifier Data Standard specifies the set of tribal names and codes necessary to constitute consistent and unambiguous identification of federally-recognized American Indian and Alaska Native entities. The Tribal Identifier Standard adopted the Bureau of Indian Affairs criteria of tribal entity identification (federally recognized tribes) and is not intended for the identification of geographic, demographic or economic tribal areas. The Bureau of Indian Affairs (BIA), is responsible for maintaining the official list of tribal names and codes according to their established criteria. This standard assists and supports the development of computerized applications that use tribal identifier information.

NOTICES DEPARTMENT OF THE INTERIOR, National Park Service (2/13/08)

Native American Graves Protection and Repatriation Review Committee: Nomination Solicitation , Wednesday, February 13, 2008, 73 FR 8361-01, (PDF), 2008 WL 370794

SUMMARY: The National Park Service is soliciting nominations for three members of the Native American Graves Protection and Repatriation Review Committee. The Secretary of the Interior will appoint one member from nominations submitted by Indian tribes, Native Hawaiian organizations, and traditional Native American religious leaders. This particular appointee must be a traditional Native American religious leader. The Secretary of the Interior will also appoint two members from nominations submitted by national museum organizations and scientific organizations.

Nominations must include the following information. 1. Nominations by traditional religious leaders: Nominations must be submitted with the nominator's original signature and daytime telephone number. The nominator must explain how he or she meets the definition of traditional religious leader. 2. Nominations by Indian tribes or Native Hawaiian organizations: Nominations must be submitted on official tribal or organization letterhead with the nominator's original signature and daytime telephone number. The nominator must be the official authorized by the tribe or organization to submit nominations in response to this solicitation. The nomination must include a statement that the nominator is so authorized. 3. Nominations by national museum organizations and scientific organizations: Nominations must be submitted on organization letterhead with the nominator's original signature and daytime telephone number. The nominator must be the official authorized by the organization to submit nominations in response to this solicitation. The nomination must include a statement that the nominator is so authorized. 4. Information about nominees: All nominations must include the following information: a. nominee's name, address, and daytime telephone number and e-mail address; and b. nominee's resume or brief biography emphasizing the nominee's NAGPRA experience and ability to work effectively as a member of an advisory board. 5.Nominations from traditional religious leaders, Indian tribes, or Native Hawaiian organization must include a statement that the nominee is a traditional religious leader.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (2/12/08)

Notice of Deadline for Submitting Completed Applications To Begin Participation in the Tribal Self-Governance Program in Fiscal Year 2009 or Calendar Year 2009 , Tuesday, February 12, 2008, 73 FR 8055-01, (PDF), 2008 WL 355320

SUMMARY: In this notice, the Office of Self-Governance (OSG) establishes a March 3, 2008, deadline for tribes/consortia to submit completed applications to begin participation in the tribal self-governance program in fiscal year 2009 or calendar year 2009.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (2/11/08)

Land Acquisitions; Elk Valley Rancheria, California, Monday, February 11, 2008, 73 FR 7758-01, (PDF), 2008 WL 347974

SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 203.5 acres of land into trust for the Elk Valley Rancheria of California on January 4, 2008. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary--Indian Affairs by 209 Departmental Manual 8.1.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (2/8/08)

Rate Adjustments for Indian Irrigation Projects, Friday, February 8, 2008, 73 FR 7583-01, (PDF), 2008 WL 336664

SUMMARY: The Bureau of Indian Affairs (BIA) owns, or has an interest in, irrigation facilities located on various Indian reservations throughout the United States. We are required to establish rates to recover the costs to administer, operate, maintain, and rehabilitate those facilities. We request your comments on the proposed rate adjustments.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (2/8/08)

Proclaiming Certain Lands, Mt. Taylor Property, as an Addition to the Pueblo of Laguna Reservation of New Mexico, Friday, February 8, 2008, 73 FR 7582-01, (PDF), 2008 WL 336663

SUMMARY: This notice informs the public that the Assistant Secretary--Indian Affairs proclaimed approximately 6,883.54 acres, more or less, to be added to the Pueblo of Laguna Reservation (Laguna), New Mexico.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502, 522, 559 and 573 (2/1/08)

Facility License Standards, Friday, February 1, 2008, 73 FR 6019-01, (PDF), 2008 WL 261932

SUMMARY: The rule adds new sections and a new part to the Commission's regulations that require tribes to adopt and enforce standards for facility licenses. These standards will help the Commission ensure that each place, facility or location where class II or class III gaming will occur is located on Indian lands eligible for gaming as required by the Indian Gaming Regulatory Act. The rules will ensure that gaming facilities are constructed, maintained and operated in a manner that adequately protects the environment and the public health and safety.

January

NOTICES DEPARTMENT OF EDUCATION (1/30/08)

National Advisory Council on Indian Education, Wednesday, January 30, 2008, 73 FR 5527-02, (PDF), 2008 WL 227708

SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming open meeting of the National Advisory Council on Indian Education (the Council). The notice also describes the functions of the Council. Notice of this meeting is required by section 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of their opportunity to attend. This notice is appearing in the Federal Register less than 15 days before the date of the meeting due to scheduling difficulties within the agency and with the Council.

NOTICES DEPARTMENT OF EDUCATION (1/28/08)

President's Board of Advisors on Tribal Colleges and Universities, Monday, January 28, 2008, 73 FR 4855-02, (PDF), 2008 WL 208624

SUMMARY: This notice sets forth the schedule and proposed agenda of the upcoming meeting of the President's Board of Advisors on Tribal Colleges and Universities. The notice also describes the functions of the Board. Notice of this meeting is required by section 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of its opportunity to attend.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 547 (1/17/08)

Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games, Thursday, January 17, 2008, 73 FR 3224-02, (PDF), 2008 WL 144819

SUMMARY: The National Indian Gaming Commission ("NIGC") announces the extension of the comment period on the proposed rule concerning Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games. The proposed rule was published in the Federal Register on October 24, 2007 (72 FR 60508). The NIGC is extending the comment period to March 9, 2008.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 542 and 543 (1/17/08)

Minimum Internal Control Standards for Class II Gaming, Thursday, January 17, 2008, 73 FR 3224-01, (PDF), 2008 WL 144818

SUMMARY: The National Indian Gaming Commission ("NIGC") announces the extension of the comment period on the proposed rule concerning Minimum Internal Control Standards for Class II Gaming. The proposed rule was published in the Federal Register on October 24, 2007 (72 FR 60495). The NIGC is extending the comment period to March 9, 2008.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 502 and 546 (1/17/08)

Classification Standards for Bingo, Lotto, Other Games Similar to Bingo, Pull Tabs and Instant Bingo as Class II Gaming When Played Through an Electronic Medium Using "Electronic, Computer, or Other Technologic Aids," Thursday, January 17, 2008, 73 FR 3223-02, (PDF), 2008 WL 144817

SUMMARY: The National Indian Gaming Commission ("NIGC") announces the extension of the comment period on the proposed rule concerning Classification Standards for Bingo, Lotto, Other Games Similar to Bingo, Pull Tabs and Instant Bingo as Class II Gaming When Played Through an Electronic Medium Using "Electronic, Computer, or Other Technologic Aids." The proposed rule was published in the Federal Register on October 24, 2007 (72 FR 60483). The NIGC is extending the comment period to March 9, 2008.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 502 (1/17/08)

Definition for Electronic or Electromechanical Facsimile, Thursday, January 17, 2008, 73 FR 3223-01, (PDF), 2008 WL 144816

SUMMARY: The National Indian Gaming Commission ("NIGC") announces the extension of the comment period on the proposed rule concerning the Definition for Electronic or Electromechanical Facsimile. The proposed rule was published in the Federal Register on October 24, 2007 (72 FR 60482). The NIGC is extending the comment period to March 9, 2008.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families (1/11/08)

Public Comment on the Proposed Adoption of ANA Program Policies and Procedures, Friday, January 11, 2008, 73 FR 2045-01, (PDF), 2008 WL 102704

SUMMARY: Pursuant to section 814 of the Native American Programs Act of 1974, as amended by 42 U.S.C. 2991b-1, the Administration for Native Americans (ANA) herein describes its proposed interpretive rules, general statements of policy and rules of agency procedure or practice in relation to the Social and Economic Development Strategies (hereinafter referred to as SEDS), Native Language Preservation and Maintenance (hereinafter referred to as Native Language), Environmental Regulatory Enhancement (hereinafter referred to as Environmental) programs, Environmental Mitigation (hereinafter referred to as Mitigation), and Native American Healthy Marriage Initiative (hereinafter referred to as NAHMI). Under the stature, ANA is required to provide members of the public an opportunity to comment on proposed changes in interpretive rules, general statements of policy, and rules of agency procedure or practice and to give notice of the final adoption of such changes at least 30 days before the changes become effective. This notice also provides additional information about ANA's plan for administering the programs.

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