Indian Law Bulletins  |  U.S. Regulatory Information  |  Archives 2004

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December

NOTICES DEPARTMENT OF EDUCATION (12/30/04)

Meeting of the National Advisory Council on Indian Education, Thursday, December 30, 2004, 69 FR 78400-02, (PDF) 2004 WL 3007562 (F.R.)

SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming teleconference meeting of the National Advisory Council on Indian Education (the Council) and is intended to notify the general public of their opportunity to listen as the council conducts their meeting by teleconference. This notice also describes the functions of the Council. Notice of the Council's meetings is required under Section 10(a)(2) of the Federal Advisory Committee Act and by the Council's charter.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families (ACF) (12/27/04)

Notice of Public Comment on the Proposed Adoption of ANA Program Policies and Procedures, Monday, December 27, 2004, 69 FR 77251-01, (PDF) 2004 WL 2973314 (F.R.)

SUMMARY: Pursuant to section 814 of the Native American Programs Act of 1974; as amended, 42 U.S.C., 2991b-1, the Administration for Native Americans (ANA) herein describes its proposed interpretive rules, general statement of policy and rules of agency procedure or practice in relation to the Social and Economic Development Strategies (SEDS), Language Preservation and Maintenance (hereinafter referred to as Native Language), and Environmental Regulatory Enhancement (hereinafter referred to as Environmental) programs. Under the statute, ANA is required to provide members of the public an opportunity to comment on proposed changes in interpretive rules, statements of general policy, and rule 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. The notice also provides additional information about ANA's plan for administering the programs.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (12/22/04)

Guidelines on Awarding Section 319 Grants to Indian Tribes in FY 2005; Request for Grant Proposals for Watershed Projects, Wednesday, December 22, 2004, 69 FR 76733-01, (PDF) 2004 WL 2945589 (F.R.)

SUMMARY: EPA is publishing, in this notice, guidelines for awarding Clean Water Act section 319 nonpoint source grants to Indian Tribes in FY 2005. Once again Congress has authorized EPA to award nonpoint source pollution control grants to Indian Tribes under section 319 of the Clean Water Act in FY 2005 in an amount that exceeds the statutory cap (in section 518(f) of the Clean Water Act) of 1/3 of 1% of the total 319 appropriation. These guidelines are intended to assist all Tribes that have approved nonpoint source assessments and management programs and "treatment-as-a-state" status to receive section 319 funding to help implement those programs. The guidelines describe the process for awarding base funding to Tribes in FY 2005, including submissions of proposed work plans. The guidelines also describe the process and schedule to award additional FY 2005 funds for selected watershed projects, including submissions of watershed project proposals and the selection criteria for funding watershed-based projects.

NOTICES DEPARTMENT OF DEFENSE, Defense Logistics Agency (12/14/04)

Defense Logistics Agency Cost Sharing Cooperative Agreement Applications Tuesday, December 14, 2004, 69 FR 74505-02, (PDF) 2004 WL 2850929 (F.R.)

SUMMARY: The Defense Logistics Agency (DLA) issued a solicitation for cooperative agreement applications (SCAA) to assist state and local governments and other nonprofit eligible entities in establishing or maintaining procurement technical assistance centers (PTACs). These centers help business firms market their goods and services to the Department of Defense (DoD), other federal agencies, and state and/or local government agencies. Notice of the issuance of this SCAA was published in the March 18, 2003 Federal Register (Volume 68, Number 52, page 12897). This solicitation governs the submission of applications for calendar years 2003 thru 2007 and applies to all applications from all eligible entities, including Indian Economic Enterprises and Indian Tribal Organizations. The current and applicable SCAA is available at the Internet Web site listed below. The FY 2005 DoD Appropriations Act (Pub. L. 108-287) has appropriated funds for the continuance of the program in FY 2005 and requires DoD to make available not less than $3.6 million for applicants that meet the definition 10 U.S.C. 2411(1)(D). The 3 existing PTACs meeting this definition will not utilize the entire $3.6 million, therefore, pursuant to Section "I" paragraph "K" of the SCAA, notice is hereby given that limited additional funds are available in order to accept applications for additional new programs from eligible entities, but limited only to those that meet either definition listed in Section "II" paragraphs "19.d" (Indian Economic Enterprise) or "19.e" (Indian Tribal Organization) of the SCAA. However, applications will only be accepted from eligible entities that propose programs that will provide service to areas that are not currently receiving service from an existing program. This provision prohibiting applications.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (12/06/04)

Interagency Project To Clean Up Open Dumps on Tribal Lands: Request for Proposals, Monday, December 6, 2004, 69 FR 70442-01, (PDF) 2004 WL 2770485 (F.R.)

SUMMARY: The Tribal Solid Waste Interagency Workgroup (Workgroup) is soliciting proposals for its seventh year of the Tribal Open Dump Cleanup Project (Cleanup Project). Since FY99, the Workgroup has funded approximately $13.4 million in projects. In FY04, the Interagency Workgroup made approximately $2.5 million available to fully or partially fund 24 selected projects. A similar amount of funding is projected for FY05. The Cleanup Project is part of a federal effort to help tribes comprehensively address their solid waste needs. The purpose of the Cleanup Project is to assist with closing or upgrading tribal high-threat waste disposal sites and providing alternative disposal and integrated solid waste management.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (12/03/04)

Environmental Impact Statements and Regulations; Availability of EPA Comments Friday, December 3, 2004, 69 FR 70258-01, (PDF) 2004 WL 2751261 (F.R.)

SUMMARY: EPA expressed environmental concerns about whether the preferred alternative would resolve the existing adverse impacts from grazing to aquatic and terrestrial resources, and suggested enhancements to the analysis of impacts, the adaptive management plan and the range of alternatives. EPA does not object to the project as proposed, but requested additional information regarding coordination with Tribes and cumulative impacts.

NOTICES DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement (12/01/04)

Black Mesa and Kayenta Mines, Life-of-Mine Plans and Water Supply Project, Coconino, Navajo, and Mohave Counties, AZ, and Clark County, NV, Wednesday, December 1, 2004, 69 FR 69949-01, (PDF) 2004 WL 2714233 (F.R.)

SUMMARY: Pursuant to the National Environmental Policy Act of 1969 (NEPA), the Office of Surface Mining Reclamation and Enforcement (OSM), as the lead Federal agency, plans to prepare an environmental impact statement (EIS) to analyze the effects of Peabody Western Coal Company's proposed operation and reclamation plans for the Black Mesa and Kayenta coal mines; the Coal Slurry Preparation Plant at the Black Mesa Mine; the reconstruction of the 273-mile long Coal Slurry Pipeline across northern Arizona from the Coal Slurry Preparation Plant to the Mohave Generating Station (electrical) in Laughlin, Nevada; the construction and operation of water wells in the Coconino aquifer (C-aquifer) northwest of Winslow, Arizona; and construction and operation of a water supply pipeline running about 120 miles across the Navajo and Hopi Reservations from the wells to the Coal Slurry Preparation Plant.

PROPOSED RULES NATIONAL INDIAN GAMING COMMISSION, 25 CFR Part 542 (12/01/04)

Minimum Internal Control Standards, Wednesday, December 1, 2004, 69 FR 69847-01, (PDF) 2004 WL 2714176 (F.R.)

SUMMARY: In response to the inherent risks of gaming enterprises and the resulting need for effective internal controls in Tribal gaming operations, the National Indian Gaming Commission (Commission or NIGC) first developed Minimum Internal Control Standards (MICS) for Indian gaming in 1999, and then later revised them in 2002. The Commission recognized from the outset that periodic technical adjustments and revisions would be necessary in order to keep the MICS effective in protecting Tribal gaming assets and the interests of Tribal stakeholders and the gaming public. To that end, the following proposed rule revisions contain certain proposed corrections and revisions to the Commission's existing MICS, which are necessary to correct erroneous citations or references in the MICS and to clarify, improve, and update other existing MICS provisions. The purpose of these proposed MICS revisions is to address apparent shortcomings in the MICS and various changes in Tribal gaming technology and methods. Public comment to these proposed MICS revisions will be received by the Commission for a period of forty-five (45) days after the date of their publication in the Federal Register. After consideration of all received comments, the Commission will make whatever changes to the proposed revisions that it deems appropriate and then promulgate and publish the final revisions to the Commission's MICS Rule, 25 CFR part 542.

November

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (11/15/04)

Proposed Agency Information Collection Activities; Comment Request, Monday, November 15, 2004, 69 FR 65629-01, (PDF) 2004 WL 2577352 (F.R.)

SUMMARY: The Bureau of Indian Affairs (BIA) is seeking comments in preparation for renewal of the Indian Child Welfare Annual Report form. The information collected will aid the BIA in fulfilling requirements of law. This renewal meets the requirements of the Paperwork Reduction Act of 1995.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (11/15/04)

Proposed Agency Information Collection Activities; Comment Request, Monday, November 15, 2004, 69 FR 65628-01, (PDF) 2004 WL 2577351 (F.R.)

SUMMARY: This notice announces that the Information Collection Request for Adult Education Annual Report Form OMB #1076-0120 requires renewal. The current Adult Education Annual Report Form OMB #1076-0120, with no appreciable changes, will be submitted after the comment period to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995. The Bureau is soliciting public comments on the subject proposal.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (11/15/04)

Proposed Agency Information Collection Activities; Comment Request, Monday, November 15, 2004, 69 FR 65629-01, (PDF) 2004 WL 2577352 (F.R.)

SUMMARY: The Bureau of Indian Affairs (BIA) is seeking comments in preparation for renewal of the Indian Child Welfare Annual Report form. The information collected will aid the BIA in fulfilling requirements of law. This renewal meets the requirements of the Paperwork Reduction Act of 1995.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (11/15/04)

Proposed Agency Information Collection Activities; Comment Request, Monday, November 15, 2004, 69 FR 65628-01, (PDF) 2004 WL 2577351 (F.R.)

SUMMARY: This notice announces that the Information Collection Request for Adult Education Annual Report Form OMB #1076-0120 requires renewal. The current Adult Education Annual Report Form OMB #1076-0120, with no appreciable changes, will be submitted after the comment period to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995. The Bureau is soliciting public comments on the subject proposal.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (11/12/04)

Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Cowlitz Indian Tribe's Trust Acquisition and Casino Project, Clark County, WA, Friday, November 12, 2004, 69 FR 65447-02, (PDF) 2004 WL 2556416 (F.R.)

SUMMARY: This notice advises the public that the Bureau of Indian Affairs  (BIA), as lead agency, with the National Indian Gaming Commission (NIGC) as cooperating agency, intends to gather information necessary for preparing an Environmental Impact Statement (EIS) for a proposed 151.87<plus-minus> acre trust acquisition and casino project to be located within Clark County, Washington. The purpose of the proposed action is to create a tribal land base which would enable the Cowlitz Indian Tribe (Tribe) to provide governmental services and perform governmental functions, provide jobs and career opportunities for tribal members, improve the tribal economy and tribal housing, and develop programs that would assist tribal members to attain economic self-sufficiency. This notice also announces a public scoping meeting to identify potential issues and content for inclusion in the EIS.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (11/10/04)

Plan for the Use and Distribution of Pueblo of Isleta Judgment Funds in Docket No. 98-166L, Wednesday, November 10, 2004, 69 FR 65217-01, (PDF) 2004 WL 2532199 (F.R.)

SUMMARY: Notice is hereby given that the plan for the use and distribution of the judgment funds awarded to the Pueblo of Isleta (Pueblo) in Docket No. 98-166L is effective as of March 20, 2004. The judgment fund was awarded by the United States Court of Federal Claims on January 7, 2002, and appropriated on March 19, 2002.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (11/10/04)

Plan for the Use and Distribution of Mescalero Apache Judgment Funds in Docket No. 92-403L, Wednesday, November 10, 2004, 69 FR 65216-01, (PDF) 2004 WL 2532198 (F.R.)

SUMMARY: Notice is hereby given that the plan for the use and distribution of the judgment funds awarded to the Mescalero Apache Tribe in Docket No. 92- 403L is effective as of March 20, 2004. The judgment fund was awarded by the United States Court of Federal Claims on January 31, 2002, and appropriated on February 25, 2002.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (11/10/04)

Plan for the Use and Distribution of Assiniboine and Sioux Tribes of the Fort Peck Reservation Judgment Funds in Docket No. 773-87L, Wednesday, November 10, 2004, 69 FR 65216-01, (PDF) 2004 WL 2532197 (F.R.)

SUMMARY: Notice is hereby given that the plan for the use and distribution of the Tribe's portion of the judgment funds awarded in Assiniboine and Sioux Tribes of the Fort Peck Reservation, et al. v. U.S., Docket No. 773-87L is effective as of May 29, 2004. On March 18, 1999, $4,522,551.84 was appropriated to satisfy an award that was made by the United States Court of Federal Claims to the Tribe and individual Indian plaintiffs in Docket No. 773-87L. A percentage of the Tribe's portion of the aggregate award was transferred to a separate tribal trust fund account on February 14, 2001. The Tribe will most likely receive additional payments from the aggregate award once the identification of all individuals eligible to share in the aggregate award is complete and the pro rata shares are calculated. This plan pertains to the Tribe's portion ($643,186.73) of the aggregate award and any additional funds the Tribe may receive from the aggregate award fund.

RULES AND REGULATIONS DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
24 CFR Parts 954 and 1003 (10/22/04)

Participation in HUD's Native American Programs by Religious Organizations; Providing for Equal Treatment of All Program Participants, Friday, October 22, 2004, 69 FR 62164-01, (PDF) 2004 WL 2363285 (F.R.)

SUMMARY: This final rule removes barriers to the participation of religious  (also referred to as "faith-based") organizations in HUD regulations implementing the Indian HOME Program, the Indian Community Development Block Grant Program, the Indian Housing Block Grant Program, the Title VI Loan Guarantee Assistance Program, and the Section 184 Loan Guarantees for Indian Housing Program. These changes are consistent with revisions of program regulations undertaken on a department-wide basis. In general, no group of applicants competing for HUD funds or seeking to participate in HUD programs should be subject to greater or fewer requirements than other organizations solely because of their religious character or affiliation or absence of religious character or affiliation. This final rule follows publication of a June 21, 2004, proposed rule and takes into consideration the one public comment received on the proposed rule. After careful consideration of the issues raised by the commenter, HUD has decided to adopt the June 21, 2004, proposed rule without change.
DATES: Effective Date: November 22, 2004.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (11/15/04)

Proposed Agency Information Collection Activities; Comment Request, Monday, November 15, 2004, 69 FR 65629-01, (PDF) 2004 WL 2577352 (F.R.)

SUMMARY: The Bureau of Indian Affairs (BIA) is seeking comments in preparation for renewal of the Indian Child Welfare Annual Report form. The information collected will aid the BIA in fulfilling requirements of law. This renewal meets the requirements of the Paperwork Reduction Act of 1995.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (11/15/04)

Proposed Agency Information Collection Activities; Comment Request, Monday, November 15, 2004, 69 FR 65628-01, (PDF) 2004 WL 2577351 (F.R.)

SUMMARY: This notice announces that the Information Collection Request for Adult Education Annual Report Form OMB #1076-0120 requires renewal. The current Adult Education Annual Report Form OMB #1076-0120, with no appreciable changes, will be submitted after the comment period to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995. The Bureau is soliciting public comments on the subject proposal.

October

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Office of the Secretary,
43 CFR Part 10 (10/20/04)

Native American Graves Protection and Repatriation Act Regulations--Future Applicability Wednesday, October 20, 2004, 69 FR 61613-01, (PDF) 2004 WL 2344874 (F.R.)

SUMMARY: This proposed rule and request for comments relates to one section of regulations implementing the Native American Graves Protection and Repatriation Act of 1990 ("the Act"). This section outlines procedures for the future applicability of the Act to museums and Federal agencies. Publication of this section is intended to solicit comments from Indian tribes, Native Hawaiian organizations, museums, Federal agencies, and members of the public prior to its publication in final form.

RULES AND REGULATIONS FEDERAL COMMUNICATIONS COMMISSION,
47 CFR Part 1 (10/18/04)

Extending Wireless Telecommunications Services to Tribal Lands, Monday, October 18, 2004, 69 FR 61317-01, (PDF) 2004 WL 2330480 (F.R.)

SUMMARY: In this rule, the Commission modifies limited aspects of the rules previously adopted in this proceeding to provide incentives for wireless telecommunications carriers to serve individuals living on tribal lands. Specifically, the Commission raises the wireline telephone penetration rate at which tribal lands are eligible for a bidding credit from 70 percent or less, to 85 percent or less. The Commission also increases the amount of the bidding credit available to carriers that pledge to deploy on and serve qualifying tribal lands.

NOTICES DEPARTMENT OF THE INTERIOR (10/15/04)

National Park Service, Native American Graves Protection and Repatriation Review Committee: Meeting, Friday, October 15, 2004, 69 FR 61265-01, (PDF) 2004 WL 2308711 (F.R.)

SUMMARY: This is notice of a meeting of the Native American Graves Protection and Repatriation Review Committee. The next Review Committee meeting is a public teleconference on November 2, 2004, to discuss proposed regulations regarding future applicability of the statute (43 CFR 10.13), agenda items for a Review Committee meeting tentatively scheduled for March 14-15, 2005, in Hawaii, and to receive presentations and statements by Indian tribes, Native Hawaiian organizations, museums, Federal agencies, and the public.

NOTICES DEPARTMENT OF THE INTERIOR (10/15/04)

Fish and Wildlife Service, Notice of Meetings of the Klamath River Basin Fisheries Task Force, Friday, October 15, 2004, 69 FR 61263-01, (PDF) 2004 WL 2308708 (F.R.)

SUMMARY: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act  (5 U.S.C. App. I), this notice announces a meeting of the Klamath River Basin Fisheries Task Force, established under the authority of the Klamath River Basin Fishery Resources Restoration Act (16 U.S.C. 460ss et seq.). The meeting is open to the public. The purpose of the meeting is to continue providing recommendations from the affected interests to the Department of the Interior on implementation of their program to restore anadromous fisheries, including salmon and steelhead, of the Klamath River in California and Oregon.

NOTICES DEPARTMENT OF EDUCATION (10/14/04)

Meeting of the National Advisory Council on Indian Education, Thursday, October 14, 2004, 69 FR 60990-03, (PDF) 2004 WL 2295738 (F.R.)

SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming meeting of the National Advisory Council on Indian Education (the Council) and is intended to notify the general public of their opportunity to attend. This notice also describes the functions of the Council. Notice of the Council's meetings is required under Section 10 (a)(2) of the Federal Advisory Committee Act and by the Council's charter.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR (10/14/04)

Bureau of Indian Affairs, 25 CFR Part 170 , RIN 1076-AE17 Indian Reservation Roads Program, Thursday, October 14, 2004, 69 FR 60957-01, (PDF) 2004 WL 2295747 (F.R.)

SUMMARY: On July 19, 2004, the Bureau of Indian affairs published a Final Rule in the Federal Register (69 FR 43090) which established policies and procedures governing the Indian Reservation Roads (IRR) Program. The IRR Program is a part of the Federal Lands Highway Program established to address transportation needs of tribes. The program is jointly administered by the Bureau of Indian Affairs and the Federal Highway Administration's Federal Lands Highway Office. The Final Rule has an announced effective date of October 1, 2004. The Congressional Review Act requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. 801(a)(3)(A). Because of an inadvertent clerical error, the Final Rule was not received by Congress until September 13, 2004. Therefore, implementation of the Final Rule by the Bureau of Indian Affairs is delayed until November 13, 2004.

NOTICES DEPARTMENT OF LABOR (10/08/04)

Employment and Training Administration, Workforce Investment Act; Native American Employment and Training Allotments, Friday, October 8, 2004, 69 FR 60432-02, (PDF) 2004 WL 2253343 (F.R.)

SUMMARY: This Notice announces the Workforce Investment Act (WIA) section 166 final allotments for both the Supplemental Youth Services (SYS) and the Comprehensive Services (CS) programs for Program Year (PY) 2004. These individual grantee allotments are based on formulas defined in the section 166 program regulations at 20 CFR 668.296(b) for the Comprehensive Services program and 20 CFR 668.440(a) for the Supplemental Youth Services program. The rationale for the formulas is the same as described in the Interim Final Rule and the Final Rule published in the Federal Register on April 15, 1999 at 64 FR 18683 and on August 11, 2000 at 65 FR 49373-49375, respectively, and has been in effect for prior years of section 166 funding under WIA. Barring any changes which may arise as the result of WIA reauthorization legislation, the criteria used in these funding formulas will remain in effect for the foreseeable future.

NOTICES DEPARTMENT OF THE INTERIOR (10/06/04)

Bureau of Indian Affairs, Tribal Court Budget Data Collection Instrument, Wednesday, October 6, 2004, 69 FR 59946-01, (PDF) 2004 WL 2231978 (F.R.)

SUMMARY: The Bureau of Indian Affairs is seeking comments on a collection of information about tribal courts and Courts of Indian Offenses, the caseloads and kinds of cases, the number of personnel necessary to meet legal requirements, and the costs of operating tribal courts for budget and other purposes. Data of this nature was collected under the auspices of tribal representatives of the Judicial Subgroup--BIA/Tribal Budget Advisory Council. They now desire to associate with the Bureau of Indian Affairs (Bureau) for the collection of this data. Accordingly, OMB approval and a control number are being requested.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES (10/05/04)

Indian Health Service, National Indian Health Board, Tuesday, October 5, 2004, 69 FR 59601-01, (PDF) 2004 WL 2216194 (F.R.)

SUMMARY: The Indian Health Service (IHS) announces a supplement to the single-source cooperative agreement award to the National Indian Health Board (NIHB) for costs in providing advice and technical assistance to federally recognized Tribes in the area of health care policy analysis and program development. Under the original cooperative agreement published in the Federal Register, 69 FR 11447, on March 10, 2004, the NIHB provides advice, consultation, and health care advocacy to the IHS based on Tribal input through a broad-based consumer network involving the Area Health Boards or Health Board representatives from each of the 12 IHS Areas. In addition, the NIHB communicates with Tribes and Tribal organizations concerning health issues, disseminates health care information, improves and expands access for American Indians and Alaska Native (AI/AN) Tribal Governments to all available programs in the Department of Health and Human services (HHS), and coordinates the Tribal consultation activities associated with formulating the IHS annual budget request. The program supplement to the single-source cooperative agreement is for $622,730 of one time funding for use during the current budget period in effect from 03/15/2004 to 12/31/2004. The annual funding levels of this single-source cooperative agreement is approximately $230,000, subject to the availability of appropriations.

September

NOTICES DEPARTMENT OF LABOR, Employment and Training Administration (9/23/04)

Workforce Investment Act: Native American Employment and Training Council, Thursday, September 23, 2004, 69 FR 57096-02, (PDF) 2004 WL 2110199 (F.R.)

SUMMARY: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act  (FACA) (Pub. L. 92-463), as amended, and section 166(h)(4) of the Workforce Investment Act (WIA) (29 U.S.C. 2911(h)(4)), notice is hereby given of the next meeting of the Native American Employment and Training Council as constituted under WIA.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (9/21/04)

Announcement of Funding Awards for Fiscal Year 2004; Tribal Colleges and Universities Program, Tuesday, September 21, 2004, 69 FR 56454-01, (PDF) 2004 WL 2092563 (F.R.)

SUMMARY: In accordance with Section 102 (a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this document notifies the public of funding awards for Fiscal Year 2004 Tribal Colleges and Universities Program. The purpose of this document is to announce the names and addresses of the award winners and the amount of the awards which are to be used to enable tribal colleges and universities to build, expand, renovate, and equip their own facilities, especially those that are available to and used by the larger community.

NOTICES DEPARTMENT OF AGRICULTURE, Farm Service Agency (9/17/04)

Initial Notice of Funds Availability Inviting Applications for the Implementation of an American Indian classed Credit Outreach Program
Friday, September 17, 2004, 69 FR 56033-01, (PDF) 2004 WL 2068563 (F.R.)

SUMMARY: The Farm Service Agency (FSA) announces it is taking applications for a competitive cooperative agreement for Fiscal Year (FY) 2005 to initiate a credit outreach initiative classed to American Indian farmers, ranchers, and youth residing primarily on Indian reservations within the contiguous 48 States. FSA requests proposals from eligible non-profit organizations, land grant institutions, and federally-recognized Indian tribal governments interested in a competitively-awarded cooperative agreement to create and implement a mechanism that will provide credit outreach and promotion, pre-loan education, one-on-one loan application preparation assistance, and other related services as proposed by the successful applicant that are specific to FSA's Agricultural Credit Programs.

This is a request for proposals for applications for the American Indian classed Credit Outreach Program (AITCOP) for FY 2005, subject to the availability of funds. FY 2004 funding for the AITCOP was $1,599,951. This notice is being issued prior to passage of a final appropriations bill to allow applicants sufficient time to submit proposals, give the Agency maximum time to process applications and to permit the continuity of this program while minimizing the time a prior program is administered. A Notice of Funds Availability (NOFA) will be published announcing the funding level for FY 2005 once an appropriation has been enacted. The commitment of program funds will be made to an applicant from selected responses that have fulfilled the necessary requirements for obligation to the extent announced in the subsequent NOFA.

RULES AND REGULATIONS DEPARTMENT OF DEFENSE
48 CFR Parts 226 and 252 (9/17/04)

Defense Federal Acquisition Regulation Supplement; Indian Incentive Program, 69 FR 55989-02, (PDF) 2004 WL 2068615 (F.R.)

SUMMARY: DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement DoD Appropriations Act provisions pertaining to the Indian Incentive Program. The Program permits incentive payments to contractors, and subcontractors at any tier, that use Indian organizations, Indian-owned economic enterprises, and Native Hawaiian small business concerns as subcontractors.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (9/15/04)

Land Acquisitions; Picayune Rancheria of California, Wednesday, September 15, 2004, 69 FR 55647-01, (PDF) 2004 WL 2045328 (F.R.)

SUMMARY: The Principal Deputy Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 48.53 acres, of land into trust for the Picayune Rancheria of California on June 30, 2004. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Principal Deputy Assistant Secretary--Indian Affairs by 209 Departmental Manual 8.1.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service
50 CFR Part 20 (9/03/04)

Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2004-05 Early Season, Friday, September 3, 2004, 69 FR 53990-01, (PDF) 2004 WL 1947744 (F.R.)

SUMMARY: This rule prescribes special early season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (9/2/04)

Indian Gaming, Thursday, September 2, 2004, 69 FR 53733-01, (PDF) 2004 WL 1943169 (F.R.)

SUMMARY: This notice publishes approval of Amendments to the Tribal-State Compacts between the State of California and the following 5 California Indian tribes: Rumsey Band of Wintun Indians, Pala Band of Mission Indians, Pauma Band of Luiseno Mission Indians, United Auburn Indian Community, and Viejas Band of Kumeyaay Indians.

August

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (8/31/04)

Notice of Service Area Designation, Tuesday, August 31, 2004, 69 FR 53085-01, (PDF) 2004 WL 1924098 (F.R.)

SUMMARY: This notice announces the service area designation for the Samish Indian Tribe which is recognized as eligible to receive services from the United States Federal Government Bureau of Indian Affairs (BIA). This notice is published in the exercise of the authority delegated by the Secretary of the Interior to the Assistant Secretary--Indian Affairs.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
25 CFR Part 11 (8/20/04)

Law and Order on Indian Reservations, Friday, August 20, 2004, 69 FR 51556-01, (PDF) 2004 WL 1855973 (F.R.)

SUMMARY: This document adds the Albuquerque Indian School property (Southwest Region, New Mexico) to the existing Santa Fe Indian School property listing of Courts of Indian Offenses. This will establish a judicial forum for the administration of justice within the property.

NOTICES NATIONAL INDIAN GAMING COMMISSION (8/17/04)

Fee Rates, Tuesday, August 17, 2004, 69 FR 51111-02, (PDF), 2004 WL 1816791 (F.R.)

SUMMARY: Notice is hereby given, pursuant to 25 CFR 514.1(a)(3), that the National Indian Gaming Commission has adopted final annual fee rates of 0.00% for tier 1 and 0.063% (.00063) for tier 2 for calendar year 2004. 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 final fee rate on class II revenues for calendar year 2004 shall be one-half of the annual fee rate, which is 0.0315% (.000315).

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service
50 CFR Part 20 (8/17/04)

Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2004-05 Season, Tuesday, August 17, 2004, 69 FR 51036-01, (PDF) 2004 WL 1816829 (F.R.)

SUMMARY: The U.S. Fish and Wildlife Service (hereinafter Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2004-05 migratory bird hunting season.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families (8/16/04)

Notice of Public Consultation, Monday, August 16, 2004, 69 FR 50386-01, (PDF) 2004 WL 1809356 (F.R.)

SUMMARY: The Administration for Children and Families (ACF) will be holding a half-day Tribal Consultation Session on September 20, 2004 at the Rayburn House Office Building in Washington, DC.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (8/11/04)

Tribal Pesticide Program Council; Notice of Public Meeting Wednesday, August 11, 2004 69 FR 48863-02, (PDF) 2004 WL 1776963 (F.R.)

SUMMARY: The Tribal Pesticide Program Council (TPPC) will hold a 2-day meeting, beginning on September 8 and ending on September 9, 2004, concerning the TPPC's information exchange in relationship with EPA regarding important issues related to human health, environmental exposure to pesticides, and insight into EPA's decision making process. This notice announces the location and times for the meeting, and sets forth the tentative agenda topics. One Tribal Caucus is scheduled each day.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (8/05/04)

Indian Gaming Thursday, August 5, 2004 69 FR 47459-01, (PDF) 2004 WL 1744002 (F.R.)

SUMMARY: This notice publishes an approved Class III Gaming Compact between the Mescalero Apache Tribe and the State of New Mexico. Under the Indian Gaming Regulatory Act of 1988, the Secretary of the Interior is required to publish notice in the Federal Register approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (8/05/04)

Notice of Intent To Prepare a Supplemental Programmatic Environmental Impact Statement for the Proposed Navajo Ten-Year Forest Management Plan, Navajo Nation, Arizona/New Mexico Thursday, August 5, 2004 69 FR 47456-01, (PDF) 2004 WL 1744000 (F.R.)

SUMMARY: This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the Navajo Nation as cooperating agency, intends to prepare a Supplemental Programmatic Environmental Impact Statement (SPEIS) for the proposed Navajo Nation Ten-Year Forest Management Plan. The purpose of the proposed action is to pursue forest management in a manner that is both environmentally sound and economically beneficial to the Navajo Nation.

DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (8/05/04)

Notice of Intent To Prepare a Supplemental Programmatic Environmental Impact Statement for the Proposed Navajo Ten-Year Forest Management Plan, Navajo Nation, Arizona/New Mexico Thursday, August 5, 2004, 69 FR 47456-01, (PDF), 2004 WL 1744000 (F.R.)

SUMMARY: This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the Navajo Nation as cooperating agency, intends to prepare a Supplemental Programmatic Environmental Impact Statement (SPEIS) for the proposed Navajo Nation Ten-Year Forest Management Plan. The purpose of the proposed action is to pursue forest management in a manner that is both environmentally sound and economically beneficial to the Navajo Nation.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (8/04/04)

Consolidated Delegation of Authority for the Office of Public and Indian Housing Wednesday, August 4, 2004, 69 FR 47171-01, (PDF), 2004 WL 1731765 (F.R.)

SUMMARY: This notice is a comprehensive delegation of authority for administration of HUD's Public and Indian Housing programs from the Secretary of Housing and Urban Development to the Assistant Secretary for Public and Indian Housing

July

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
25 CFR Part 170 (7/30/04)

Indian Reservation Roads Program, Friday, July 30, 2004, 69 FR 45586-02, (PDF), 2004 WL 1696909 (F.R.)

SUMMARY: We are announcing public meetings to provide information and education on the contents of each subpart of the final rule for the Indian Reservation Roads Program. The final rule is the result of negotiated rulemaking between tribal and Federal representatives under the Transportation Equity Act for 21st Century. The final rule establishes policies and procedures governing the Indian Reservation Roads Program and provides guidance for planning, designing, constructing, and maintaining transportation facilities. It also expands transportation activities available to tribes and tribal organizations. The final rule also establishes a funding distribution methodology called the Tribal Transportation Allocation Methodology (TTAM).

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/26/04)

Implementation of the No Child Left Behind Act of 2001, Monday, July 26, 2004, 69 FR 44476-01, (PDF) 2004 WL 1643536 (F.R.)

SUMMARY: This document corrects the heading of a document that reopened the comment period for a proposed rule published in the Federal Register of Wednesday, July 21, 2004, at 69 FR 43547.  This document corrects the title to read as set forth above.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (7/22/04)

Issuance of Final NPDES General Permits for Wastewater Lagoon Systems Located in Indian Country in MT, ND, SD, UT, and WY, Thursday, July 22, 2004, 69 FR 43846-01,(PDF) 2004 WL 1628380 (F.R.)

SUMMARY: EPA Region 8 is hereby giving notice of its issuance of five National Pollutant Discharge Elimination System (NPDES) general permits for wastewater lagoon systems that are located in Indian country in the States of Montana, North Dakota, South Dakota, Utah (except for those portions of the Navajo Nation, the Goshutes Indian Reservation, and the Ute Mountain Ute Indian Reservation located in the State of Utah), and Wyoming and that are treating primarily domestic wastewater. The general permits are grouped geographically by state, with the permit coverage being for specified Indian reservations in the state; any land held in trust by the United States for an Indian tribe; and any other areas which are Indian country within the meaning of 18 U.S.C. 1151.  These general permits replace the twenty-one general permits that were issued for a 5-year term in 1998 for Indian reservations in Montana, North Dakota, South Dakota, and Utah. The following nine communities in South Dakota have been excluded from coverage under the general permit for South Dakota: Batesland, Claire City, Martin, New Effington, Peever, Rosholt, Sisseton, Summit, and Veblen. The use of wastewater lagoon systems is the most common method of treating municipal wastewater in Indian country in Montana, North Dakota, South Dakota, Utah and Wyoming.  Wastewater lagoon systems are also used to treat domestic wastewater from isolated housing developments, schools, camps, missions, and similar sources of domestic wastewater that are not connected to a municipal sanitary sewer system and do not use septic tank systems.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/21/04)

Tribal Consultation on Indian Education Topics, Wednesday, July 21, 2004, 69 FR 43622-01,(PDF) 2004 WL 1618069 (F.R.)

SUMMARY: This notice announces that the Bureau of Indian Affairs (BIA) will conduct consultation meetings to obtain oral and written comments concerning potential issues in Indian Education Programs.  The potential issues will be set forth and described in a tribal consultation booklet to be issued before the meetings by the Office of Indian Education Programs (OIEP).  The proposed topics are: implementation of a recommendation proposed by the General Accounting Office (GAO) to modify the accounting codes used for the expenditure of funds in schools; developing a high school curriculum to provide high schools students with essential life skills and financial management training to better prepare them for success as adults; establishing a pilot school to test an alternative school model for a Center of Excellence (Leadership Academy) designed to provide students with additional training in leadership; and the upcoming Facility Maintenance and Construction Negotiated Rulemaking, as required by Public Law 107-110, Sec. 1125, 115 Stat 2021.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
25 CFR Parts 30, 37, 39, 42, 44, 47 (7/21/04)

Home-living Programs and School Closure and Consolidation, Wednesday, July 21, 2004, 69 FR 43547-01,(PDF) 2004 WL 1618176 (F.R.)

SUMMARY: As required by the No Child Left Behind Act of 2001, the Secretary of the Interior has developed proposed regulations using negotiated rulemaking that address the following issues: Defining adequate yearly progress, which is the measurement for determining that schools are providing quality education; establishing separate geographic attendance areas for Bureau-funded schools; establishing a formula for determining the minimum amount necessary to fund Bureau-funded schools; establishing a system of direct funding and support of all Bureau-funded schools under the formula established in the Act; establishing guidelines to ensure the Constitutional and civil rights of Indian students; and establishing a method for administering grants to tribally controlled schools.  The Secretary is reopening the comment period for 10 days to allow submission of comments by the Department of Education and other interested parties.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
25 CFR Chapter 1 (7/21/04)

Meeting of the No Child Left Behind Negotiated Rulemaking Committee, Wednesday, July 21, 2004, 69 FR 43546-02,(PDF) 2004 WL 1618174 (F.R.)

SUMMARY: The Secretary of the Interior has established an advisory Committee to develop recommendations for proposed rules for Indian education under six sections of the No Child Left Behind Act of 2001.  As required by the Federal Advisory Committee Act, we are announcing the date and location of the next meeting of the No Child Left Behind Negotiated Rulemaking Committee.  The purpose of the meeting is the review of public comments that we received on the Notice of Proposed Rulemaking published February 25, 2004, in the Federal Register.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/20/04)

Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Scotts Valley Band of Pomo Indians' Trust Acquisition and Casino Project, Contra Costa County, CA, Tuesday, July 20, 2004, 69 FR 43431-01, 2004 WL 1599776 (F.R.)

SUMMARY: This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the Scotts Valley Band of Pomo Indians (Band) as cooperating agency, intends to gather information necessary for preparing an Environmental Impact Statement (EIS) for a proposed 29.87<plus-minus<= acre trust acquisition and casino project to be located within unincorporated Contra Costa County, California.  The purpose of the proposed action is to help provide for the economic development of the Band.  This notice also announces a public scoping meeting to identify potential issues and content for inclusion in the EIS.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
25 CFR Part 170 (7/19/04)

Indian Reservation Roads Program, Monday, July 19, 2004, 69 FR 43090-01,(PDF) 2004 WL 1590548 (F.R.)

SUMMARY: This final rule establishes policies and procedures governing the Indian Reservation Roads (IRR) Program.  The IRR Program is a part of the Federal Lands Highway Program established to address transportation needs of tribes.  The program is jointly administered by the Bureau of Indian Affairs (BIA) and Federal Highway Administration's (FHWA) Federal Lands Highway (FLH) Office.  It expands transportation activities available to tribes and tribal organizations and provides guidance for planning, designing, constructing, and maintaining transportation facilities.  It also establishes a funding distribution methodology called the Tribal Transportation Allocation Methodology (TTAM).  The TTAM includes a factor for allocating IRR Program funds based on the relative needs of tribes and reservation or tribal communities for transportation assistance.  It also addresses the administrative capacities of, and challenges faced by, various tribes including the cost of road construction, geographic isolation, and difficulty in maintaining all weather access to essential resources and services.  The TTAM provides funding for Indian Reservation Roads High Priority Projects that would not otherwise have sufficient funding; and makes available a minimum allocation to tribes if funding levels are sufficient.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/14/04)

Land Acquisitions; Agua Caliente Band of Cahuilla Indians of California Wednesday, July 14, 2004 69 FR 42200-012004, (PDF) 2004 WL 1561088 (FR)

SUMMARY: The Principal Deputy Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 1.71 acres of land into trust for the Agua Caliente Band of Cahuilla Indians of California on April 21, 2004. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Principal Deputy Assistant Secretary--Indian Affairs by 209 Departmental Manual 8.1.

NOTICES DEPARTMENT OF EDUCATION (7/14/04)

Meeting of the President's Board of Advisors on Tribal Colleges and Universities Wednesday, July 14, 2004 69 FR 42136-02, (PDF) 2004 WL 1560989 (F.R.)

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

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/13/04)


Proclaiming Certain Lands as Reservation for the Lytton Rancheria of California Bureau of Indian Affairs Tuesday, July 13, 2004 69 FR 42066-01, (PDF) 2004 WL 1553038 (F.R.)

SUMMARY: The Assistant Secretary--Indian Affairs proclaimed approximately 9.53 acres, more or less, as an addition to the reservation of the Lytton Rancheria of California on June 29, 2004. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Principal Deputy Assistant Secretary--Indian Affairs by 209 DM 8.1.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/13/04)

Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Nottawaseppi Huron Band of Potawatomi Indians' Proposed 79 Acre Fee-to-Trust Transfer and Casino Project in Emmett Township, Calhoun County, MI Tuesday, July 13, 2004 69 FR 42065-02, (PDF) 2004 WL 1553037 (F.R.)

SUMMARY: This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the National Indian Gaming Commission (NIGC) as cooperating agency, intends to gather the information necessary for preparing an Environmental Impact Statement (EIS) for a proposed 79 acre fee-to-trust land transfer and casino project in Calhoun County, Michigan. The purpose of the proposed action is to help meet the economic development needs of the Tribe. This notice also announces a public scoping meeting to identify potential issues and alternatives for analysis in the EIS.

NOTICES DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service (7/12/04)

Fish and Wildlife Service and Council of Athabascan Tribal Governments Sign Annual Funding Agreement Monday, July 12, 2004 69 FR 41838-012004 (PDF) 2004 WL 1555462 (F.R.)

SUMMARY: On April 30, 2004, the U.S. Fish and Wildlife Service (Service or we) signed an annual funding agreement (AFA or Agreement) with the Council of Athabascan Tribal Governments (CATG) under the Tribal Self-Governance Act of 1994. The action was taken at the discretion of the Service. The decision reflects review and consideration of concerns, issues, and comments received during a 60-day public comment period. The Agreement was re-negotiated and slightly re-worded following the public comment period. The Agreement provides for the CATG to perform certain programs, services, functions, and activities (Activities) for the Yukon Flats National Wildlife Refuge (Yukon Flats Refuge) during a one-year period for $59,000. The regional director for the Service in Alaska signed a decision document on this action on Monday, April 26, 2004. The Agreement was endorsed by the Secretary of the Interior on April 30, 2004, and forwarded to the U.S. Congress for a 90-day review period.

NOTICES DEPARTMENT OF HUMAN AND HEALTH SERVICES, Indian Health Service (7/12/04)

Partners Invited To Participate in Indian Health Service: Health Promotion and Disease Prevention Health Summit and Other American Indian/Alaska Native Tribe, Tribal Entity Activities Monday, July 12, 2004 69 FR 41824-01, (PDF) 2004 WL 1555458 (F.R.)

SUMMARY: The Indian Health Service (IHS), in an ongoing partnership with American Indian and Alaska native (AI/AN) people in order to elevate the health status of this population to its highest level, is seeking to collaborate with other public and private organizations to support its many programs and initiatives. Despite concerted and sustained efforts by the IHS and Tribal programs, substantial disparities in health persist for AI/AN people, compared to the overall United States (U.S.) population. For this reason, the IHS has planned an ambitious initiative on HP/DP, the "Healthier Indian Communities through Partnership and Prevention Summit," to be held on September 21-24, 2004 in Washington, DC. A pre-summit IHS/HHS/tribal leaders meeting will be held on September 21, 2004.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/12/04)

Home-Living Programs and School Closure and Consolidation Monday, July 12, 2004 69 FR 41770-01, (PDF) 2004 WL 1555465 (F.R.)

SUMMARY: As required by the No Child Left Behind Act of 2001, the Secretary of the Interior has developed proposed regulations using negotiated rulemaking that address home-living programs and school closure and consolidation.

June

UNIFIED AGENDA NATIONAL INDIAN GAMING COMMISSION (6/28/04)

Semiannual regulatory agenda, Monday, June 28, 2004, 69 FR 38621-04(PDF) No Westlaw cite available

SUMMARY: The National Indian Gaming Commission (NIGC) today is publishing an agenda of its open and anticipated rulemaking actions. The agenda is a general announcement to the public intended to provide notice of rulemaking actions in which the public may wish to participate. In the future, the Commission intends to issue notices of proposed rulemaking or advance notices of proposed rulemaking, or final rules for the following: rules establishing technical standards for game classifications; rules establishing technical standards for gaming machines and associated equipment; rules revising Freedom of Information Act Procedures; rules revising Privacy Act procedures; rules establishing a process for the assessment, notification, and collection of debts owed the NIGC; rules revising tribal background investigation submission requirements and timing; rules concerning hearings and appeals procedures; rules concerning enforcement; rules revising the scope and review of management contracts; rules concerning net gaming revenue; rules concerning gaming facility licensing standards; rules revising Civil Fines procedures; rules implementing the National Environmental Policy Act (NEPA); and rules concerning technical amendments to the Minimum Internal Control Standards. The Commission invites questions and public comment on individual agenda items.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
25 CFR Chapter 1 (6/25/04)

No Child Left Behind Negotiated Rulemaking Committee, Thursday, July 1, 2004, 69 FR 39887-01 ,(PDF) 2004 WL 1466969 (F.R.)

SUMMARY: The Secretary of the Interior has appointed Lisa Lance as a Federal representative for the No Child Left Behind Negotiated Rulemaking Committee, replacing Michael Rossetti.  Ms. Lance will serve for the remainder of the Committee's duration.  Ms. Lance is an attorney-advisor in the Office of the Solicitor, Department of the Interior.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (6/25/04)

Final Determination Against Federal Acknowledgment of the Nipmuc Nation, Friday, June 25, 2004, 69 FR 35667-01,(PDF) 2004 WL 1413748 (F.R.)

SUMMARY: Pursuant to 25 CFR 83.10(m), notice is given that the Principal Deputy Assistant Secretary--Indian Affairs declines to acknowledge a group known as The Nipmuc Nation, petitioner 69A, c/o Mr. Walter Vickers, 156 Worcester-Providence Road, Suite 32, Sutton Place Mall, Sutton, Massachusetts 01590, as an Indian tribe within the meaning of Federal law.  This notice is based on a final determination that the petitioner does not satisfy all seven of the criteria set forth in part 83 of title 25 of the Code of Federal Regulations (25 CFR part 83), specifically criteria 83.7(a), (b), (c), and (e), and, therefore, does not meet the requirements for a government-to- government relationship with the United States.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (6/25/04)

Final Determination Against Federal Acknowledgement of the Webster/Dudley Band Chaubunagungamaug Nipmuck Indians, Friday, June 25, 2004, 69 FR 35664-01,(PDF) 2004 WL 1413746 (F.R.)

SUMMARY:Pursuant to 25 CFR 83.10(m), notice is given that the Principal Deputy Assistant Secretary--Indian Affairs declines to acknowledge a group known as the Webster/Dudley Band of Chaubunagungamaug Nipmuck Indians, Petitioner 69B, c/o Mr. Edwin Morse, Sr., 265 West Main Street, P.O. Box 275, Dudley, Massachusetts 01501, as an Indian tribe within the meaning of Federal law.  This notice is based on a final determination that the petitioning group does not satisfy all seven of the criteria set forth in Part 83 of Title 25 of the Code of Federal Regulations, specifically criteria 83.7(a), (b), and (c), and, therefore, the petitioner does not meet the requirements for a government- to-government relationship with the United States.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (6/23/04)

Tribal Self-Governance Program Negotiation Cooperative Agreement; New Discretionary Funding Cycle for Fiscal Year 2004, 69 FR 35044-01,(PDF) 2004 WL 1387475 (F.R.)

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 P.L. 93-638, as amended, 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 for Compacts and Funding Agreements (FAs) with an effective date of October 1, 2005, or January 1, 2006.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (6/23/04)

Tribal Self-Governance Program Planning Cooperative Agreement; New Discretionary Funding Cycle for Fiscal Year 2004, Wednesday, June 23, 2004, 69 FR 35041-02,(PDF) 2004 WL 1387474 (F.R.)

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 Pub. L. 93-638, as amended.  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 planning cooperative agreement allows a tribe to gather information to determine the current types and amounts of programs, services, functions, and activities (PSFAs), and funding available at the Service Unit, Area, and Headquarters levels and identify programmatic alternatives that will better meet the needs of tribal members.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (6/22/04)

Notice of Service Area Designation, Tuesday, June 22, 2004, 69 FR 34686-01,(PDF) 2004 WL 1378300 (F.R.)

SUMMARY:This notice is published to exercise the authority delegated by the Secretary of the Interior to the Assistant Secretary--Indian Affairs.  Under 25 CFR 20.201, notice is hereby given of the service area designation for the Mille Lacs Band of Ojibwe Indians recognized as eligible to receive services from the United States Bureau of Indian Affairs (BIA).

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (6/21/04)

Final Determination Against Federal Acknowledgement of the Golden Hill Paugussett Tribe, Monday, June 21, 2004,
69 FR 34388-02,(PDF) 2004 WL 1372043 (F.R.)

SUMMARY: Pursuant to 25 CFR 83.10(m), notice is hereby given that the Principal Deputy Assistant Secretary--Indian Affairs (PD AS-IA) declines to acknowledge a group known as the Golden Hill Paugussett Tribe (GHP), c/o Mr. Aurelius H. Piper, Jr., Suite 236, 1440 Whalley Avenue, New Haven, Connecticut 06515, as an Indian tribe within the meaning of Federal law.  This notice is based on a final determination that the petitioning group does not satisfy all seven of the criteria set forth in part 83 of title 25 of the Code of Federal Regulations (25 CFR part 83), specifically criteria 83.7(a), (b), (c), and (e), and therefore does not meet the requirements for a government-to- government relationship with the United States.

NOTICES DEPARTMENT OF EDUCATION (6/18/04)

Meeting of the National Advisory Council on Indian Education, Friday, June 18, 2004, 69 FR 34142-03,(PDF) 2004 WL 1357542 (F.R.)

SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming meeting of the National Advisory Council on Indian Education (the Council) and is intended to notify the general public of their opportunity to attend.  This notice also describes the functions of the Council. Notice of the Council's meetings is required under section 10(a)(2) of the Federal Advisory Committee Act and by the Council's charter.

NOTICES DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration (6/18/04)

Endangered and Threatened Species; Take of Anadromous Fish, Friday, June 18, 2004, 69 FR 34134-01,(PDF) 2004 WL 1357527 (F.R.)

SUMMARY: This notice advises the public that the Nez Perce Indian Tribe has submitted a Tribal resource management plan (Tribal Plan) to NMFS pursuant to the limitation on take prohibitions for actions conducted under Tribal Plans promulgated under the Endangered Species Act (ESA).  The Tribal Plan specifies the management of recreational, ceremonial, and subsistence fisheries in 2004 in the Imnaha River subbasin in the State of Oregon that potentially affect Snake River spring/summer chinook salmon listed as threatened under the ESA. This document serves to notify the public of the availability for comment of the proposed evaluation of the Secretary of Commerce (Secretary) as to whether implementation of the Tribal Plan will appreciably reduce the likelihood of survival and recovery of Snake River salmon and steelhead, and the availability for public comment of a draft environmental assessment on the proposed action.

RULES AND REGULATIONS DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
24 CFR Part 1000 (6/17/04)

Extension of Minimum Funding Under the Indian Housing Block Grant Program, Thursday, June 17, 2004, 69 FR 34020-01,(PDF) 2004 WL 1346711 (F.R.)

SUMMARY: This interim rule provides authority for Indian tribes to receive a minimum grant amount under the need component of the Indian Housing Block Grant (IHBG) formula in Fiscal Year 2004.  The minimum funding provision currently in effect in HUD's regulations limited authority for receipt of a minimum grant amount to Fiscal Year 2003. The reinstatement of the authority for minimum grant amounts in Fiscal Year 2004 will avoid hardship to the affected tribes.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (6/17/04)

Forum on State and Tribal Toxics Action; Notice of Public Meeting, Thursday, June 17, 2004, 69 FR 33901-01,(PDF) 2004 WL 1346705 (F.R.)

SUMMARY: EPA is announcing the meeting of the Forum on State and Tribal Toxics Action (FOSTTA) to collaborate on environmental protection and pollution prevention issues.  Representatives and invited guests of the Tribal Affairs Project (TAP), a component of FOSTTA, will be meeting June 29-30, 2004.  The meeting is being held to provide the participants an opportunity to have in- depth discussions on issues concerning the environment and human health.  This notice announces the location and times for the meeting and sets forth some tentative agenda topics.  EPA invites all interested parties to attend the public meeting.  The Chemical Information and Management Project (CIMP) and Pollution Prevention Project (P2) will not be holding meetings in June.

May

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (5/28/04)

Special Diabetes Program for Indians Competitive Grant Program; New Request for Application of Funds, Friday, May 28, 2004, 69 FR 30673-02 (PDF), 2004 WL 1174715 (F.R.)

SUMMARY: The Indian Health Service (IHS) announces a new initiative under the Special Diabetes Program for Indians  (SDPI).  This funding mechanism is a competitive grant program that will provide funding to selected SDPI grantees for a demonstration project to implement and evaluate defined activities in one of two areas (primary prevention of diabetes or prevention of cardiovascular disease in people with diabetes).  The total amount of funding available is $23.3 million annually and the number of anticipated awards will be approximately 60 grants (30 for each demonstration project).  Eligible applicants include grantees that have received SDPI funding.  Applicants may submit one application per demonstration project (i.e., primary prevention of diabetes or prevention of cardiovascular disease in people with diabetes). Therefore, while most programs will only submit one application for one demonstration project, some may choose to submit one application for each demonstration project, for a total of two applications.  However, applicants will only be eligible to receive one award for funding for one demonstration project.  Competing grant applications will be accepted with a receipt date of July 15, 2004.  There will be only one funding cycle for the project period FY2005-FY2009.  The anticipated start date for the awards will be September 29, 2004.  Applications will be mailed to all current SDPI grantees on or before June 1, 2004, and will be available on request from the IHS Grants Management Branch and the IHS National Diabetes Program.

NOTICES DEPARTMENT OF AGRICULTURE, Forest Service (5/25/04)

Tribal Watershed Forestry Assistance Program, Tuesday, May 25, 2004, 69 FR 29687-02,(PDF) 2004 WL 1149138 (F.R.)

SUMMARY: The Forest Service is announcing its intent to prepare an interim final guideline, in cooperation with Indian tribes, for the Tribal Watershed Forestry Assistance Program, as authorized by Title III, Section 303, of the Healthy Forests Restoration Act of 2003 (Pub. L. 108-148).  The Tribal Watershed Forestry Assistance Program (TWFAP) is administered by the Forest Service and implemented by participating Indian tribes.  The purpose of the TWFAP is to build and strengthen watershed partnerships that focus on forested landscapes at the State, regional, tribal, and local levels; to provide tribal forestry best-management practices and water quality technical assistance directly to Indian tribes; to provide technical guidance to tribal land managers and policy makers for water quality protection through forest management; to complement tribal efforts to protect water quality and provide enhanced opportunities for consultation and cooperation among Federal agencies and tribal entities charged with responsibility for water and watershed management; and to provide enhanced forest resource data and support for improved implementation and monitoring of tribal forestry best-management practices.  In accordance with Forest Service policy, formal consultation is ongoing with Indian tribes on development of this new program.  This notice supplements the consultation process.  Comments are invited and will be considered in the development of the interim final guideline.  Additional direction on the implementation of TWFAP will be issued to the Forest Service Manual Chapter 3500, Cooperative Watershed Management.

NOTICES DEPARTMENT OF AGRICULTURE, Forest Service, (5/25/04)

Tribal Watershed Forestry Assistance Program,Tuesday, May 25, 2004, 69 FR 29687-02,(PDF) 2004 WL 1149138 (F.R.)

SUMMARY: The Forest Service is announcing its intent to prepare an interim final guideline, in cooperation with Indian tribes, for the Tribal Watershed Forestry Assistance Program, as authorized by Title III, Section 303, of the Healthy Forests Restoration Act of 2003 (Pub. L. 108-148).  The Tribal Watershed Forestry Assistance Program (TWFAP) is administered by the Forest Service and implemented by participating Indian tribes.  The purpose of the TWFAP is to build and strengthen watershed partnerships that focus on forested landscapes at the State, regional, tribal, and local levels; to provide tribal forestry best-management practices and water quality technical assistance directly to Indian tribes; to provide technical guidance to tribal land managers and policy makers for water quality protection through forest management; to complement tribal efforts to protect water quality and provide enhanced opportunities for consultation and cooperation among Federal agencies and tribal entities charged with responsibility for water and watershed management; and to provide enhanced forest resource data and support for improved implementation and monitoring of tribal forestry best-management practices.  In accordance with Forest Service policy, formal consultation is ongoing with Indian tribes on development of this new program.  This notice supplements the consultation process.  Comments are invited and will be considered in the development of the interim final guideline.  Additional direction on the implementation of TWFAP will be issued to the Forest Service Manual Chapter 3500, Cooperative Watershed Management.

FINAL RULE DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (5/19/04)

Distribution of Fiscal Year 2004 Indian Reservation Roads Funds, Wednesday, May 19, 2004, 69 FR 28821-01, 2004 WL 1102133 (F.R.)

SUMMARY: We are issuing a rule requiring that we immediately distribute $90 million of fiscal year 2004 Indian Reservation Roads (IRR) funds to projects on or near Indian reservations using the relative need formula.  This partial distribution reflects the funds the Federal Highway Administration has allocated to the Department of the Interior and is based on funding appropriated by the Surface Transportation Extension Act of 2003 in effect until April 30, 2004.  We are using the Federal Highway Administration (FHWA) Price Trends report for the relative need formula distribution process, with appropriate modifications to address non-reporting States.  This distribution will allow an immediate allocation of funds based on an existing formula, final allocations will be dependent on a final authorization of highway trust funds and a fiscal year 2004 appropriations.

PROPOSED RULES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 1000 (5/06/04)

Native American Housing Assistance and Self-Determination Negotiated Rulemaking Committee,
Thursday, May 6, 2004, 69 FR 25340-01, 2004 WL 961988 (F.R.)

SUMMARY: This document announces a one-day session of the Native American Housing Assistance and Self-Determination Negotiated Rulemaking Committee (Committee).  The Committee has concluded its negotiations regarding the development of a proposed rule that will change the regulations for the Indian Housing Block Grant (IHBG) program allocation formula, and other regulatory issues that arise out of the allocation or reallocation of IHBG funds. Subsequent to the conclusion of the negotiations, two workgroups were established to draft the regulatory text and preamble.  The Committee will be convening for a one-day session to review the draft language developed by the workgroups and to pose questions to the workgroup members regarding the draft rule.

RULES AND REGULATIONS DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration,
50 CFR Part 660 (5/05/04)

Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; 2004 Management Measures, Wednesday, May 5, 2004, 69 FR 25026-01,(PDF) 2004 WL 946663 (F.R.)

SUMMARY: NMFS establishes fishery management measures for the 2004 ocean salmon fisheries off Washington, Oregon, and California and the 2005 salmon seasons opening earlier than May 1, 2005.  Specific fishery management measures vary by fishery and by area.  The measures establish fishing areas, seasons, quotas, legal gear, recreational fishing days and catch limits, possession and landing restrictions, and minimum lengths for salmon taken in the U.S. exclusive economic zone (EEZ)(3-200 nm) off Washington, Oregon, and California.  The management measures are intended to prevent overfishing and to apportion the ocean harvest equitably among treaty Indian, non-treaty commercial, and recreational fisheries.  The measures are also intended to allow a portion of the salmon runs to escape the ocean fisheries in order to provide for spawning escapement and to provide for inside fisheries (fisheries occurring in state internal waters).

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (5/03/04)

Notice of Intent To Prepare an Environmental Impact Statement for the St. Croix Chippewa Indians of Wisconsin and the Bad River Band of the Lake Superior Tribe of Chippewa Indians' Proposed 26 Acre Fee-to-Trust Transfer and Casino Project in the City of Beloit, Rock County, Wisconsin, Monday, May 3, 2004, 69 FR 24182-02,(PDF) 2004 WL 934656 (F.R.)

SUMMARY: This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the St. Croix Chippewa Indians of Wisconsin and the Bad River Band of the Lake Superior Tribe of Chippewa Indians (the Tribes) as cooperating agencies, intends to gather the information necessary for preparing an Environmental Impact Statement (EIS) for a proposed 26 acre fee-to-trust land transfer and casino project in Rock County, Wisconsin.  The purpose of the proposed action is to help meet the economic development needs of the Tribes.

April

RULES AND REGULATIONS ENVIRONMENTAL PROTECTION AGENCY,
40 CFR Parts 50, 51 and 81 (4/30/04)

Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase 1 Friday, April 30, 2004, 69 FR 23951-01,(PDF) 2004 WL 910900 (F.R.)

SUMMARY: In this document, EPA is taking final action on key elements of the program to implement the 8-hour ozone national ambient air quality standard (NAAQS or standard).  This final rule addresses the following topics: classifications for the 8-hour NAAQS; revocation of the 1-hour NAAQS (i.e., when the 1-hour NAAQS will no longer apply); how anti-backsliding principles will ensure continued progress toward attainment of the 8-hour ozone NAAQS; attainment dates; and the timing of emissions reductions needed for attainment.  We are issuing this rule so that States and Tribes will know how we plan to classify areas and transition from implementation of the 1-hour NAAQS to implementation of the 8-hour NAAQS.  The intended effect of the rule is to provide certainty to States and Tribes regarding classifications for the 8-hour NAAQS and their continued obligations with respect to existing requirements.  This document is Phase 1 of the program to implement the 8-hour ozone NAAQS.  We plan to issue a second rule, Phase 2, within the next several months which will address the remaining 8-hour implementation issues, e.g., requirements for reasonable further progress (RFP), requirements for modeling and attainment demonstrations, and requirements for reasonably available control measures (RACM) and reasonably available control technology (RACT).

RULES AND REGULATIONS ENVIRONMENTAL PROTECTION AGENCY,
40 CFR Part 81 (4/30/04)

Air Quality Designations and Classifications for the 8-Hour Ozone National Ambient Air Quality Standards; Early Action Compact Areas With Deferred Effective Dates Friday, April 30, 2004, 69 FR 23858-01,(PDF) 2004 WL 910899 (F.R.)

SUMMARY: This rule sets forth the air quality designations and classifications for every area in the United States, including Indian country, for the 8-hour ozone national ambient air quality standard.  We are issuing this rule so that citizens will know whether the air where they live and work is healthful or unhealthful and to establish the boundaries and classifications for areas designated as nonattainment.  Children are at risk when exposed to ozone pollution because their lungs are still developing, people with existing respiratory disease are at risk, and even healthy people who are active outdoors can experience difficulty breathing when exposed to ozone pollution. In this document, EPA is also promulgating the first deferral of the effective date, to September 30, 2005, of the nonattainment designation for Early Action Compact areas that have met all milestones through March 31, 2004.  Finally, we are inviting States to submit by July 15, 2004, requests to reclassify areas if their design value falls within five percent of a high or lower classification.  This rule does not establish or address State and Tribal obligations for planning and control requirements which apply to nonattainment areas for the 8-hour ozone standard.  Two separate rules, one of which is also published today, set forth the planning and control requirements which apply to nonattainment areas for this standard.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (4/30/04)

Rate Adjustments for Indian Irrigation Facilities, Friday, April 30, 2004, 69 FR 23805-01,(PDF) 2004 WL 910830 (F.R.)

SUMMARY: The Bureau of Indian Affairs (BIA) owns or has an interest in irrigation facilities located on various Indian reservations throughout the United States.  The BIA establishes irrigation assessment rates to recover its costs to administer, operate, maintain, and rehabilitate certain of those facilities.  We are notifying you that we have adjusted the irrigation assessment rates at several of our irrigation facilities where we are required to recover our full costs of operation and maintenance.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (4/28/04)

Educational Outreach and Baseline Assessment of Existing Exposure and Risks of Exposure to Lead Poisoning of Tribal Children; Notice of Funds Availability, Wednesday, April 28, 2004, 69 FR 23186-01,(PDF) 2004 WL 892174 (F.R.)

SUMMARY: EPA is soliciting grant proposals from Indian tribes to support tribal lead outreach and educational awareness and conduct baseline assessment of existing exposure and risks of exposure to lead poisoning of tribal children. EPA is awarding grants which will provide approximately $1.2 million to Indian tribes to perform those activities and to encourage Indian tribes to consider continuing such activities in the future.  This notice describes eligibility, activities, application procedures and requirements, and evaluation criteria.

NOTICES DEPARTMENT OF THE INTERIOR, Minerals Management Service (4/27/04)

Major Portion Prices and Due Date for Additional Royalty Payments on Indian Gas Production in Designated Areas Not Associated with an Index Zone, Tuesday, April 27, 2004, 69 FR 22871-01,(PDF) 2004 WL 883091 (F.R.)

SUMMARY: Final regulations for valuing gas produced from Indian leases, published on August 10, 1999, require MMS to determine major portion values and notify industry by publishing the values in the Federal Register.  The regulations also require MMS to publish a due date for industry to pay additional royalty based on the major portion value.  This notice provides the major portion values for the 12 months of 2002.  The due date to pay is June 15, 2004.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (4/27/04)

Tribal Management Grant Program; New Discretionary Funding Cycle for Fiscal Year 2005, Tuesday, April 27, 2004, 69 FR 22857-01,(PDF) 2004 WL 883081 (F.R.)

SUMMARY: The Tribal Management Grant (TMG) Program is a national competitive discretionary grant program established to assist federally-recognized tribes and tribally-sanctioned tribal organizations in assuming all or part of existing Indian Health Service programs, services, functions, and activities (PSFA) through a Title I contract and to assist established Title I contractors and Title V compactors to further develop and improve their management capability.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (4/19/04)

Notice of Availability: Tribal Drinking Water Operator Certification Program Draft Final Guidelines, Monday, April 19, 2004, 69 FR 20874-01,(PDF) 2004 WL 825179 (F.R.)

SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing the availability of the Tribal Drinking Water Operator Certification Program Draft Final Guidelines (Draft Final Guidelines).  The Safe Drinking Water Act (SDWA) Amendments of 1996 directed the EPA, in cooperation with the States, to develop guidelines specifying minimum standards for certification and recertification of operators of State community and nontransient noncommunity public water systems.  The requirements pertaining to States do not apply to tribes; however, since having a certified operator is a key factor in public health protection, EPA has developed a voluntary Tribal Drinking Water Operator Certification Program.  This program is intended to protect public health by providing operators of drinking water systems in Indian country with additional opportunities to become trained and certified, by developing baseline standards for non-State organizations certifying operators of systems in Indian country, and by establishing a consistent method of assessing, tracking, and addressing certification and training needs of those operators.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (4/19/04)

Need To Resubmit Comments on the No Child Left Behind Proposed Rule Monday, April 19, 2004, 69 FR 20839-01,(PDF) 2004 WL 825268 (F.R.)

SUMMARY: During the period of March 16 through March 25, 2004, the Department of the Interior had no internet access or e-mail capability.  Comments on the No Child Left Behind rule submitted via e-mail or the internet during the period of March 16 through March 25, 2004, on this rule that the comments must be resubmitted.  Because the comment period is still open and there is adequate time to resubmit any electronic comments, we will not be extending the comment period for this rule.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (4/15/04)

Proposed Finding Against Federal Acknowledgment of the Burt Lake Band of Ottawa and Chippewa Indians, Inc., Thursday, April 15, 2004, 69 FR 20027-01,(PDF) 2004 WL 791955 (F.R.)

SUMMARY: Pursuant to 25 CFR 83.10(h), notice is hereby given that the Assistant Secretary--Indian Affairs proposes to determine that the Burt Lake Band of Ottawa and Chippewa Indians, Inc., 6461 East Brutus Road, P.O. Box 206, Brutus, Michigan, c/o Mr. Carl L. Frazier, is not an Indian tribe within the meaning of Federal law.  This notice is based on a determination that the petitioner does not satisfy criteria 83.7(a), 83.7(b), 83.7(c) and 83.7(e), and thus, does not meet the requirements for a government-to-government relationship with the United States.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (4/15/04)

Proposed Finding Against Federal Acknowledgment of the Burt Lake Band of Ottawa and Chippewa Indians, Inc., Thursday, April 15, 2004, 69 FR 20027-01, (PDF) 2004 WL 791955 (F.R.)

SUMMARY: Pursuant to 25 CFR 83.10(h), notice is hereby given that the Assistant Secretary--Indian Affairs proposes to determine that the Burt Lake Band of Ottawa and Chippewa Indians, Inc., 6461 East Brutus Road, P.O. Box 206, Brutus, Michigan, c/o Mr. Carl L. Frazier, is not an Indian tribe within the meaning of Federal law.  This notice is based on a determination that the petitioner does not satisfy criteria 83.7(a), 83.7(b), 83.7(c) and 83.7(e), and thus, does not meet the requirements for a government-to-government relationship with the United States.

NOTICES DEPARTMENT OF THE TREASURY, Community Development Financial Institutions Fund (4/09/04)

Notice of Funds Availability Inviting Applications for the Community Development Financial Institutions Program--Technical Assistance Component (Incorporating Native American Technical Assistance)
Friday, April 9, 2004, 69 FR 19074-01,(PDF) 2004 WL 746245 (F.R.)

SUMMARY: On February 4, 2003, the Community Development Financial Institutions Fund (the "Fund") announced in a NOFA for the Technical Assistance Component (incorporating Native American Technical Assistance) of the CDFI Program (68 FR 5735) that the deadline for applications for assistance through the Technical Assistance Component is 5 p.m. ET on May 31, 2004.  This notice extends that application deadline to 5 p.m. ET on June 1, 2004, since May 31 is a federal holiday.  Under the same NOFA, the Fund announced that it will not consider an application submitted by an applicant that is a previous Fund awardee under any Fund program or component of the CDFI Program if the applicant has failed to meet its reporting requirements.  The Fund recently obtained clarification from the Office of Management and Budget that results in an extension of the deadline by which an awardee must provide us with its audited financial statement.  As a result of this clarification, this notice revises the current NOFA to state that the Fund will not consider the late submission of audited financial statements an eligibility criterion for the Technical Assistance Component FY 2003 and FY 2004 funding rounds.

NOTICES DEPARTMENT OF EDUCATION (4/09/04)

Native American Vocational and Technical Education Program, Friday, April 9, 2004, 69 FR 18887-04,(PDF) 2004 WL 746168 (F.R.)

SUMMARY: We propose to waive the requirement in 34 CFR 75.261(c)(2) as it applies to projects funded under the Native American Vocational and Technical Education Program (NAVTEP) in fiscal year (FY) 2000.  We propose this waiver in order to be able to extend the project periods for 31 current grants awarded under the FY 2000 NAVTEP competition.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (4/09/04)

Support the Tribal Pesticide Program Council (TPPC); Notice of Funds Availability, Friday, April 9, 2004, 69 FR 18903-01,(PDF) 2004 WL 746191 (F.R.)

SUMMARY: EPA's Office of Pesticide Programs is soliciting proposals under section 20 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for assistance to support a continuing project that promotes and enhances Tribal pesticide program development, raises human health and environmental issues related to pesticides that are important to Tribes and their people, and addresses policy needs at the national level.  The total funding for the cooperative agreement is $1,000,000 for a 5-year period.  Approximately $200,000 is expected to be available in fiscal year (FY) 2004.  At the conclusion of the first 1 year period of performance, incremental funding of up to $200,000 may be made available for each year allowing the project to continue for a total of five periods of performance (approximately 5 years) depending on need and the Agency budget in outlying years.

NOTICES DEPARTMENT OF EDUCATION, Office of Indian Education; Demonstration Grants for Indian Children (4/09/04)

Notice Extending the Closing Date for Transmittal of Applications for New Discretionary Program Awards, Friday, April 9, 2004, 69 FR 18887-03,(PDF) 2004 WL 746167 (F.R.)

SUMMARY: On March 2, 2004, a notice was published in the Federal Register  (69 FR 9817) that established a closing date of April 2 for transmittal of applications for new program awards for the fiscal year 2004 Demonstration Grants for Indian Children program.  The purpose of this notice is to extend the closing date for transmittal of applications for this program, due to unavoidable delays in the technical services contracting process for the panel review of the applications.  The closing date for the transmittal of applications is extended to May 3, 2004.

NOTICES DEPARTMENT OF EDUCATION, Office of Indian Education; Demonstration Grants for Indian Children (4/09/04)

Notice Extending the Closing Date for Transmittal of Applications for New Discretionary Program Awards, Friday, April 9, 2004, 69 FR 18887-02,(PDF) 2004 WL 746166 (F.R.)

SUMMARY: On March 2, 2004, a notice was published in the Federal Register  (69 FR 9813) that established a closing date of April 5 for transmittal of applications for new program awards for the fiscal year 2004 Professional Development program.  The purpose of this notice is to extend the closing date for transmittal of applications for this program, due to unavoidable delays in the technical services contracting process for the panel review of the applications.  The closing date for the transmittal of applications for this program is extended to May 3, 2004.

NOTICES DEPARTMENT OF ENERGY (4/08/04)

Record of Decision on Mode of Transportation and Nevada Rail Corridor for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, NV, Thursday, April 8, 2004, 69 FR 18557-01, (PDF) 2004 WL 741126 (F.R.)

SUMMARY: On July 23, 2002, the President signed into law (Pub. L. 107-200) a joint resolution of the U.S. House of Representatives and the U.S. Senate designating the Yucca Mountain site in Nye County, Nevada, for development as a geologic repository for the disposal of spent nuclear fuel and high-level radioactive waste.  In the event the Nuclear Regulatory Commission (NRC) authorizes construction of the repository and receipt and possession of spent nuclear fuel and high-level radioactive waste at Yucca Mountain, the Department of Energy (Department or DOE) would be responsible for transporting these materials to the Yucca Mountain Repository as part of its obligations under the Nuclear Waste Policy Act (NWPA).  Pursuant to the NWPA and the National Environmental Policy Act (NEPA), DOE issued the "Final Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada" (DOE/EIS- 0250F, February 2002) (Final EIS).  That document analyzed the environmental impacts of the proposed action of constructing, operating and monitoring, and eventually closing a geologic repository for the disposal of 70,000 metric tons of heavy metal (MTHM) of spent nuclear fuel and high-level radioactive waste at Yucca Mountain, as well as of transporting spent nuclear fuel and high-level radioactive waste from commercial and DOE sites to the Yucca Mountain site.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (4/07/04)

Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Timbisha Shoshone Tribe's Trust Acquisition and Casino Project, San Bernardino County, California, Wednesday, April 7, 2004, 69 FR 18402-01,(PDF) 2004 WL 730651 (F.R.)

SUMMARY: This notice advises the public that the Bureau of Indian Affairs  (BIA), with the cooperation of the Timbisha Shoshone Tribe (Tribe), intends to gather information necessary for preparing an Environmental Impact Statement (EIS) for a proposed 58+ acre trust acquisition and casino development project to be located in the City of Hesperia, San Bernardino County, California.  The purpose of the proposed action is to help provide for the economic development of the Tribe.  This notice also announces a public scoping meeting to identify potential issues and content for inclusion in the EIS.

NOTICES DEPARTMENT OF EDUCATION (4/07/04)

Indian Education Formula Grants Program, Wednesday, April 7, 2004, 69 FR 18362-01,(PDF) 2004 WL 730614 (F.R.)

SUMMARY: The Indian Education Formula Grant Program provides grants to support local educational agencies (LEAs) and other eligible entities (described elsewhere in this notice) in their efforts to reform and improve elementary and secondary school programs that serve Indian students.  The programs funded are to be based on challenging State academic content and student academic achievement standards used for all students, and be designed to assist Indian students to meet those standards.  Section 7116 of the Elementary and Secondary Education Act of 1965, as amended (ESEA) also authorizes, upon the Secretary's receipt of an acceptable plan for the integration of education and related services, the consolidation of funds for any Federal program exclusively serving Indian children, or the funds reserved under any Federal program to exclusively serve Indian children, that are awarded under a statutory or administrative formula, for the purposes of providing education and related services that would be used to serve Indian students.  Instructions for submitting an integration of services plan are included in the application package.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (4/06/04)

National Association of Community Health Representatives, Tuesday, April 6, 2004, 69 FR 18095-01,(PDF) 2004 WL 724308 (F.R.)

SUMMARY: The Indian Health Service (IHS) announces a new developmental non- competitive single source Cooperative Agreement with the National Association of Community Health Representatives (NACHR).  The application is for a five year project period with one year budget periods to be awarded on April 15, 2004.  The initial budget period will be awarded at $90,000.00 and the entire project is expected to be awarded at $450,000.00.  This award is for start up cost to research and study ways to improve the provision of health services delivery, outreach and health education for Native American people by studying ways to enhance communications among American Indian/Alaska Native communities, the IHS and Community Health Representatives (CHR) as health providers/educators/advocates; by publishing an informative newsletter for members; by coordinating and co-sponsoring a Biannual Educational Conference for CHR programs' staff; by establishing links with other national Indian organizations and with professional groups to serve as advocates for CHR providers; and by actively seeking other funding sources to ensure sustainability in pursuing its mission.  Continuation awards will be made on the basis of satisfactory progress as evidenced by required reports and the availability of funds.

March

NOTICES NATIONAL INDIAN GAMING COMMISSION (3/31/04)

Government-to-Government Tribal Consultation Policy, Wednesday, March 31, 2004, 69 FR 16973-01,(PDF) 2004 WL 624707 (F.R.)

SUMMARY: This National Indian Gaming Commission Government-to-Government Tribal Consultation Policy establishes a framework for consultation between the NIGC and tribes with respect to the regulation of Indian gaming.

RULES AND REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families,
45 CFR Parts 286, 302, 309 and 310 (3/30/04)

Tribal Child Support Enforcement Programs, Tuesday, March 30, 2004, 69 FR 16638-01,(PDF) 2004 WL 609132 (F.R.)

SUMMARY: ACF is issuing final regulations to implement direct funding to Indian Tribes and Tribal organizations under section 455(f) of the Social Security Act (the Act).  Section 455(f) of the Act authorizes direct funding of Tribal Child Support Enforcement (IV-D) programs meeting requirements contained in the statute and established by the Secretary of HHS by regulation.  These regulations address these requirements and related provisions, and provide guidance to Tribes and Tribal organizations on how to apply for and, upon approval, receive direct funding for the operation of Tribal IV-D programs.

NOTICES DEPARTMENT OF ENERGY, Tribal Leaders Summit (3/26/04)

Solicitation of Comments, Friday, March 26, 2004, 69 FR 15824-01,(PDF) 2004 WL 587282 (F.R.)

SUMMARY: The Department of Energy is soliciting comments related to the implementation of its American Indian and Alaska Native Tribal Government Policy and its interactions with tribal governments.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Park Service,
36 CFR Part 51 (3/25/04)

Authentic Native Handicrafts, Thursday, March 25, 2004, 69 FR 15286-01,(PDF) 2004 WL 577650 (F.R.)

SUMMARY: Section 416 of the National Parks Omnibus Management Act of 1998 encourages the sale of authentic United States Indian, Native Alaskan, Native Samoan and Native Hawaiian handicrafts relating to the cultural, historical, and geographic characteristics of units of the national park system.  This proposed rule would implement this and related requirements in 36 CFR 51.83.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (3/24/04)

Replacement School Construction Priority List as of FY 2004, Wednesday, March 24, 2004, 69 FR 13870-01,(PDF) 2004 WL 578693 (F.R.)

SUMMARY: As required by statute, the Bureau of Indian Affairs is publishing the "Replacement School Construction Priority List" in the Federal Register. The current priority list, last published in the Federal Register on July 9 and July 18, 2003, is revised by the addition of newly prioritized schools.  The Bureau will use this list to determine the order in which Congressional appropriations are requested to fund education replacement construction of core academic and/or dormitory facilities.

NOTICES DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service (3/23/04)

Fiscal Year 2004 Tribal Wildlife Grants; Request for Grant Proposals, Tuesday, March 23, 2004, 69 FR 13683-01,(PDF) 2004 WL 554716 (F.R.)

SUMMARY: We, the Fish and Wildlife Service (Service) are soliciting project proposals for Federal assistance under the Tribal Wildlife Grants program (TWG).  This document describes how you can apply for funding under the TWG 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 authorized an appropriation of $69,137,000 for wildlife conservation grants to States and to the District of Columbia, U.S. Territories, and Tribes under provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished.  The Act further specified that the Service use $5,926,000 of the funds for a competitive grant program available to federally recognized Indian Tribes.  this allows the Secretary, through the Director of the Service, to manage a separate Tribal grant program not subject to the provisions of the formula-based State Wildlife Grants program, or other requirements of the State Wildlife Grants portion of Pub. L. 107-63.  The Service is providing implementation guidance for this $5,926,000 TWG program.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service,
50 CFR Part 20 (3/22/04)

Migratory Bird Hunting; Proposed 2004-05 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2004 Spring/Summer Migratory Bird Subsistence Harvest Proposals in Alaska, Monday, March 22, 2004, 69 FR 13440-01,(PDF) 2004 WL 546486 (F.R.)

SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2004-05 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes proposed changes to the regulatory alternatives for the 2004-05 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, requests proposals for the 2004 spring/summer migratory bird subsistence season in Alaska, and announces the availability of an updated cost-benefit analysis. Migratory game bird hunting seasons provide hunting opportunities for recreation and sustenance, aid Federal, State, and tribal governments in the management of migratory game birds, and permit harvests at levels compatible with migratory game bird population status and habitat conditions.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service,
50 CFR Part 20 (3/12/04)

Migratory Bird Hunting; Proposed 2004-05 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2004 Spring/Summer Migratory Bird Subsistence Harvest Proposals in Alaska, Monday, March 22, 2004, 69 FR 13440-01,(PDF) 2004 WL 546486 (F.R.)

SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2004-05 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes proposed changes to the regulatory alternatives for the 2004-05 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, requests proposals for the 2004 spring/summer migratory bird subsistence season in Alaska, and announces the availability of an updated cost-benefit analysis. Migratory game bird hunting seasons provide hunting opportunities for recreation and sustenance, aid Federal, State, and tribal governments in the management of migratory game birds, and permit harvests at levels compatible with migratory game bird population status and habitat conditions.

NOTICES DEPARTMENT OF THE TREASURY, Community Development Financial Institutions Fund (3/12/04)

Change to Notice of Funds Availability Inviting Applications for the Community Development Financial Institutions Program--Native American CDFI Development Program: Dun and Bradstreet Data Universal Numbering System (DUNS) Number Requirement, Friday, March 12, 2004, 69 FR 11991-01,(PDF) 2004 WL 442595 (F.R.)

SUMMARY: On June 27, 2003, the Office of Management and Budget issued a policy directive requiring all organizations applying for Federal grants or cooperative agreements to obtain and provide a Dun and Bradstreet Data Universal Numbering System (DUNS) number with their applications. This notice is to announce that the Community Development Financial Institutions Fund (the "Fund") is requiring DUNS numbers for all organizations submitting applications pursuant to the NOFA for the Native American CDFI Development Program (68 FR 5731). If after reviewing an application, the Fund determines that the DUNS number is missing or incomplete, the Fund will notify the Applicant. The Applicant will generally have three (3) business days to provide the requested information. If the Applicant fails to provide the requested information within the three-day deadline, the Fund, in its sole discretion, may reject the application from consideration for a NACD Program award. All other information and requirements set forth in the February 4, 2003, NOFA for the Native American CDFI Development Program shall remain effective, as published.

NOTICES DEPARTMENT OF THE TREASURY, Community Development Financial Institutions Fund (3/12/04)

Change to Notice of Funds Availability Inviting Applications for the Native American CDFI Assistance Program: Change of Application Deadline; Dun and Bradstreet Data Universal Numbering System (DUNS) Number Requirement, Friday, March 12, 2004, 69 FR 11990-02,(PDF) 2004 WL 442594 (F.R.)

SUMMARY: On December 4, 2003, the Community Development Financial Institutions Fund (the "Fund") announced in a NOFA for the Native American CDFI Assistance Program (68 FR 67908) that the deadline for applications for assistance in Round One of the Native American CDFI Assistance Program was March 15, 2004. This notice is to announce that the application deadline for the Round One (FY 2003-2004) funding round of the Native American CDFI Assistance Program has been extended to March 31, 2004. In addition, on June 27, 2003, the Office of Management and Budget issued a policy directive requiring all organizations applying for Federal grants or cooperative agreements to obtain and provide a Dun and Bradstreet Data Universal Numbering System (DUNS) number with their applications. This notice is to announce that the Community Development Financial Institutions Fund (the "Fund") is requiring DUNS numbers for all organizations submitting applications pursuant to the NOFA for the Native American CDFI Assistance Program (68 FR 67908). If after reviewing an application, the Fund determines that the DUNS number is missing or incomplete, the Fund will notify the Applicant. The Applicant will generally have three (3) business days to provide the requested information.

NOTICES DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration (3/12/04)

Endangered and Threatened Species; Take of Anadromous Fish, Friday, March 12, 2004, 69 FR 11837-03,(PDF) 2004 WL 442482 (F.R.)

SUMMARY: Notice is hereby given that NMFS has prepared a draft Environmental Assessment (EA) under the National Environmental Policy Act (NEPA) of the impacts on the human environment of the potential issuance of an enhancement permit authorizing take of listed chinook salmon in Johnson Creek, a tributary of the East Fork South Fork Salmon River in Idaho, associated with the operation of an artificial propagation program. The objectives of the program, which would be operated by the Nez Perce Tribe, are to conduct artificial propagation and research activities to enhance the propagation and survival of the population of naturally spawning summer chinook salmon in Johnson Creek, which are listed under the Endangered Species Act (ESA) as part of the threatened Snake River spring/summer chinook salmon Evolutionarily Significant Unit (ESU). This document serves to notify the public of the availability of the draft EA for review and comment before a final decision on whether to issue a Finding of No Significant Impact is made by NMFS.

NOTICES DEPARTMENT OF LABOR, Employment and Training Administration (3/11/04)

Workforce Investment Act; Native American Employment and Training Council, Thursday, March 11, 2004, 69 FR 11664-02,(PDF) 2004 WL 437284 (F.R.)

SUMMARY: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (FACA) (Pub. L. 92-463), as amended, and section 166(h)(4) of the Workforce Investment Act (WIA) [29 U.S.C. 2911(h)(4)], notice is hereby given of the next meeting of the Native American Employment and Training Council as constituted under WIA.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
25 CFR Part 243 (3/11/04)

Reindeer in Alaska, Thursday, March 11, 2004, 69 FR 11784-01, (PDF) 2004 WL 437320 (F.R.)

SUMMARY: The Bureau of Indian Affairs is promulgating these regulations relating to the Alaska Native reindeer industry to meet the needs of Alaska Native Reindeer owners. These regulations would also apply to non-Natives who own, or want to own, reindeer in Alaska. They will provide Alaska Native reindeer owners, government officials, and those doing business with them, with procedures and policies for administration of the reindeer industry in Alaska.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES (3/10/04)

Indian Health Service, National Indian Health Board, Wednesday, March 10, 2004, 69 FR 11447-02, (PDF) 2004 WL 429523 (F.R.)

SUMMARY: The Indian Health Service (IHS) announces a new award of a cooperative agreement to the National Indian Health Board (NIHB) for costs in providing advice and technical assistance to the IHS on behalf of federally recognized tribes in the area of health care policy analysis and program development. The NIHB will provide advice, consultation and health care advocacy to the IHS based on tribal input through a broad-based consumer network involving the Area Health Boards or Health Board representatives from each of the twelve IHS Areas. Under the cooperative agreement the NIHB will communicate with tribes and tribal organizations concerning health issues, disseminate health care information, improve and expand access for American Indians and Alaska Natives (AI/AN) tribal governments to all available programs in the Department of Health and Human Services (HHS), and coordinate the tribal consultation activities associated with formulation of the IHS annual budget request. The application is for a five year project which will commence with an initial award on March 15, 2004. The initial budget period will be awarded at $227,00.00 and the entire project is expected to be awarded at $1,135,000.00.

NOTICES DEPARTMENT OF COMMERCE, Bureau of the Census (3/10/04)

Census Advisory Committees, Wednesday, March 10, 2004, 69 FR 11367-01, (PDF) 2004 WL 429432 (F.R.)

SUMMARY: Pursuant to the Federal Advisory Committee Act, Title 5, United States Code, Appendix 2, Section 10(a)(b), the Bureau of the Census (Census Bureau) is giving notice of a joint meeting, followed by separate and concurrently held meetings of the Census Advisory Committees (CACs) on the African American Population, the American Indian and Alaska Native Populations, the Asian Population, the Hispanic Population, and the Native Hawaiian and Other Pacific Islander Populations. The Committees will address issues related to the 2010 reengineered decennial census, including the American Community Survey and other related decennial programs. The five CACs on Race and Ethnicity will meet in plenary and concurrent sessions on May 5-7. Last minute changes to the schedule are possible, which could prevent us from giving advance notification.

NOTICES DEPARTMENT OF AGRICULTURE, Rural Business-Cooperative Service (3/9/04)

Inviting Applications for Rural Business Opportunity Grants, Tuesday, March 9, 2004, 69 FR 10977-01, (PDF) 2004 WL 419287 (F.R.)

SUMMARY:The Rural Business-Cooperative Service (RBS), an Agency within the Rural Development mission area, announces the availability of grants of up to $50,000 per application from the Rural Business Opportunity Grant (RBOG) Program for fiscal year (FY) 2004, to be competitively awarded. For multi- State projects, grant funds of up to $150,000 will be available on a competitive basis.

NOTICES DEPARTMENT OF AGRICULTURE, Rural Business-Cooperative Service (3/9/04)

Inviting Rural Business Enterprise Grant Program Preapplications for Technical Assistance for Rural Transportation Systems, Tuesday, March 9, 2004, 69 FR 10975-02, (PDF) 2004 WL 419286 (F.R.)

SUMMARY:The Rural Business-Cooperative Service (RBS), an Agency within the Rural Development mission area, announces the availability of two individual grants: one single $497,050 grant from the passenger transportation funds appropriated for the RBS Rural Business Enterprise Grant (RBEG) program and another single $248,525 grant from the Federally Recognized Native American Tribes' funds appropriated for RBS under the RBEG program for fiscal year (FY) 2004. Each grant is to be competitively awarded to a qualified national organization. These grants are to provide technical assistance for rural transportation.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families (3/8/04)

Administration for Native Americans (ANA); Adoption of ANA Program Policies and Procedures, Monday, March 8, 2004, 69 FR 10703-01, (PDF) 2004 WL 411278 (F.R.)

SUMMARY:The Administration for Native Americans (ANA) herein issues final interpretive rules, general statements of policy and rules of agency procedure or practice relating to the Social and Economic Development Strategies (SEDS) Language Preservation and Maintenance (hereinafter referred to as Native Language), and Environmental Regulatory Enhancement (hereinafter referred to as Environmental) programs.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
25 CFR Parts 30, 37, 39, 42, 44, and 47 (3/04/04)

Implementation of the No Child Left Behind Act of 2001; Correction, Thursday, March 4, 2004, 69 FR 10181-01 (PDF), 2004 WL 390788 (F.R.)

SUMMARY: The Bureau of Indian Affairs proposed a rulemaking to implement the No Child Left Behind Act of 2001 in the Federal Register of February 25, 2004 (67 FR 8752). The direct Internet response address given was in error. This action corrects that error.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (3/04/04)

Request for Wetlands Project Proposals, Thursday, March 4, 2004, 69 FR 10226-01 (PDF), 2004 WL 390718 (F.R.)

SUMMARY: EPA Region 6 is soliciting proposals from State agencies, local governments, and Tribes interested in applying for Federal assistance for the State/Tribal/Local Government Wetlands Protection Development Grant Program under the Clean Water Act section 104(b)(3), 33 U.S.C.1254(b)(3) in the states of Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. This solicitation notice distributes EPA Region 6 requirements. For the FY 04 National Wetlands Guidance please see the Federal Register 69 FR 6284, February 10, 2004.

February

RULES AND REGULATIONS DEPARTMENT OF TRANSPORTATION, Federal Highway Administration,
23 CFR Part 973 (2/27/04)

Federal Lands Highway Program; Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program, Friday, February 27, 2004, 69 FR 9490-01 (PDF), 2004 WL 362804 (F.R.)

SUMMARY: This final rule provides for the development and implementation of pavement, bridge, safety, and congestion management systems for transportation facilities providing access to Indian lands and funded under the Federal Lands Highway Program (FLHP) as required by the Transportation Equity Act for the 21st Century (TEA-21). The roads funded under the FLHP include Park Roads and Parkways, Forest Highways, Refuge Roads, Indian Reservation Roads, and Public Lands Highways. These management systems will provide a strategic approach to transportation planning, program development, and project selection.

PROPOSED RULES DEPARTMENT OF THE INTERIOR (2/25/04)

Bureau of Indian Affairs
25 CFR Parts 30, 37, 39, 42, 44, 47, Implementation of the No Child Left Behind Act of 2001, Wednesday, February 25, 2004, 69 FR 8752-01, (PDF) 2004 WL 343482 (F.R.)

SUMMARY: As required by the No Child Left Behind Act of 2001, the Secretary of the Interior has developed proposed regulations using negotiated rulemaking that address the following issues: Defining adequate yearly progress, which is the measurement for determining that schools are providing quality education; establishing separate geographic attendance areas for Bureau-funded schools; establishing a formula for determining the minimum amount necessary to fund Bureau-funded schools; establishing a system of direct funding and support of all Bureau-funded schools under the formula established in the Act; establishing guidelines to ensure the Constitutional and civil rights of Indian students; and establishing a method for administering grants to tribally controlled schools.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES (2/23/04)

Administration for Children and Families, Grants and Cooperative Agreements; Notice of Availability, Monday, February 23, 2004, 69 FR 8288-01, (PDF) 2004 WL 322311 (F.R.)

SUMMARY: The Administration for Native Americans (ANA), within the Administration for Children and Families, announces the availability of fiscal year (FY) 2004 funds for new community-based activities under ANA's Native Language program. Financial assistance is provided utilizing a competitive process in accordance with the Native American Programs Act of 1974, as amended. ANA provides financial assistance to eligible applicants for the purpose of assisting Native Americans in assuring the survival and continuing vitality of their languages. Grants are provided under the following two categories: Category I Planning Grants are used to conduct the assessment and planning needed to identify the current status of the Native American language(s) to be addressed and to establish community long-range language goals; and, Category II Design and/or Implementation Grants are to design and/or implement a preservation language program that will contribute to the achievement of the community's long-range language goal(s).

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES (2/23/04)

Administration for Children and Families, Grants and Cooperative Agreements; Notice of Availability, Monday, February 23, 2004, 69 FR 8266-01, (PDF) 2004 WL 322308 (F.R.)

SUMMARY: The Administration for Native Americans (ANA), within the Administration for Children and Families, announces the availability of fiscal year (FY) 2004 funds for new community-based projects under ANA's Social and Economic Development Strategies (SEDS) program. ANA's FY 2004 SEDS goals and areas of interest are focused on strengthening children, families, and communities through incorporated community-based organizations, Tribes, and Village governments.The Program Areas of Interest are projects that ANA considers supportive to Native American communities. Although eligibility for funding is not restricted to projects of the type listed under this program announcement, these Areas of Interest are ones which ANA sees as particularly beneficial to the development of healthy Native American communities.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES (2/20/04)

Administration for Children and Families, Grants and Cooperative Agreements, Etc.: Environmental Regulatory Enhancement Program, Friday, February 20, 2004, 69 FR 7962-02, (PDF) 2004 WL 314230 (F.R.)

SUMMARY: The Administration for Native Americans (ANA), within the Administration for Children and Families, announces the availability of fiscal year (FY) 2004 funds for the Environmental Regulatory Enhancement (Environmental) Program. Financial assistance is provided utilizing the competitive process in accordance with the Native Americans Programs Act of 1974, as amended. The Program Areas of Interest are projects that ANA considers supportive to Native American communities. Although eligibility for funding is not restricted to projects of the type listed under this program announcement, these Areas of Interest are ones which ANA sees as particularly beneficial to the development of healthy Native American communities.

NOTICES DEPARTMENT OF COMMERCE, Minority Business Development Agency (2/19/04)

Solicitation of Applications for the Native American Business Development Center (NABDC) Program, Thursday, February 19, 2004, 69 FR 7726-01, 2004 WL 305443 (F.R.)

SUMMARY: The Minority Business Development Agency is revising the announcement soliciting competitive applications to operate its Native American Development Center (NABDC) Program published on Wednesday, February 11, 2004 (69 FR 6644). The original solicitation is amended to correct the funding level of the Minnesota/Iowa NABDC.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (2/11/04)

Guidelines on Awarding Section 319 Grants to Indian Tribes in FY 2004; Requestfor Grant Proposals for Watershed Projects, Wednesday, February 11, 2004, 69 FR 6662-01, 2004 WL 239541 (F.R.)

SUMMARY: EPA has developed guidelines for awarding Clean Water Act section 319 nonpoint source grants to Indian Tribes in FY 2004. As has been the case for the past four fiscal years, EPA anticipates Congress will authorized EPA to award nonpoint source pollution control grants to Indian Tribes under section 319 of the Clean Water Act in FY2004 in an amount that exceeds the statutory cap (in section 518(f) of the Clean Water Act) of 1/3 of 1% of the total 319 appropriation. These guidelines are intended to assist all Tribes that have approved nonpoint source assessments and management programs and also have "treatment-as-a-state" status to receive section 319 funding to help implement those programs. The guidelines describe the process for awarding base funding to Tribes in FY 2004, including submissions of proposed work plans. The guidelines also describe the process and schedule to award, through a grants competition, additional funds for selected watershed implementation projects for FY 2004 funding, including the schedule for submissions of watershed project summaries and the selection criteria for funding watershed projects.

NOTICES DEPARTMENT OF COMMERCE (2/11/04)

Solicitation of Applications for the Native American Business Development Center (NABDC) Program,
Wednesday, February 11, 2004, 69 FR 6500-01, 2004 WL 239524 (F.R.)

SUMMARY: The Minority Business Development Agency (MBDA) is soliciting competitive applications from organizations to operate a Native American Business Development Centers (NABDC) under its Native American Business Development Center (NABDC) Program. The NABDC geographic service area being solicited in this Notice: The States of Minnesota/Iowa. The prior solicitation for this geographic service area was unsuccessful. The anticipated start date is April 1, 2004. The total award period for awards will be two years and nine months. Funding will be provided initially for a nine-month period, and provided annually thereafter. Future funding will be at the discretion of MBDA and the Department of Commerce, and will depend upon satisfactory performance by the award recipient, availability of funds, and Agency priorities.

The NABDC Program requires project operators to deploy standardized business assistance services to the Native American business public directly, to develop a network of strategic partnerships and to provide strategic business consulting within the geographic service area. These requirements will be used to generate increased results with respect to financing and contracts awarded to Native American and minority-owned firms and thus, are a key component of this program.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
25 CFR Part 162, (2/10/04)

Trust Management Reform: Residential Leases and Business Leases, Tuesday, February 10, 2004, 69 FR 6500-01, 2004 WL 234309 (F.R.)

SUMMARY: The Bureau of Indian Affairs (BIA) proposes to revise its regulations in the area of residential leases and business leases on trust and restricted land. The revisions would further fulfill the Secretary's fiduciary responsibility to federally recognized tribes and individual Indians. These regulations currently have reserved subparts for Residential Lease and Business Lease. These subparts, along with a subpart for General Provisions, will eventually provide regulations for residential and business leases on trust and restricted land. When we publish these changes as a final rule, we will remove the current subpart for Non-Agricultural Leases.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (2/10/04)

Internal Law Enforcement Services Policies, Tuesday, February 10, 2004, 69 FR 6321-01, 2004 WL 234214 (F.R.)

SUMMARY: This notice publishes internal policies on Cross-Deputation Agreements, Memoranda of Understanding, Memoranda of Agreement, and Special Law Enforcement Commission Deputation Agreements. These policies apply to all Cross-Deputation Agreements, Memoranda of Understanding, Memoranda of Agreement, and Special Law Enforcement Commission Deputation Agreements.

NOTICES DEPARTMENT OF THE INTERIOR (2/5/04)

Central Utah Project Completion Act, Thursday, February 5, 2004, 69 FR 5567-02, 2004 WL 210467 (F.R.)

SUMMARY:On November 24, 2003, the Department of the Interior (Department) and Utah Reclamation Mitigation and Conservation Commission (Mitigation Commission) announced the availability for public review and comment of the Draft DEIS for the Lower Duchesne River Wetlands Mitigation Project (68 FR 65943). This project has been planned in conjunction with the Ute Indian Tribe of the Uintah and Ouray Agency and is intended to fulfill long-standing commitments to mitigate for impacts to Ute Indian tribal and non-tribal wetland-wildlife habitats arising from construction and operation of the Bonneville Unit, and to provide additional wetland/wildlife benefits to the Ute Indian Tribe. The Proposed Action and alternatives improve existing, and restore prior existing, wetlands to replace wetland resources, especially Ute Indian Tribal resources, lost or adversely impacted by the Bonneville Unit, Central Utah Project. Three public meetings were announced and the public was invited to submit comments on the adequacy of the DEIS and the assessment of environmental impacts until January 16, 2004. Based on comments received, the Department and Mitigation Commission have decided to extend the public comment period until February 17, 2004. Comments already received will remain on file and need not be resubmitted.

NOTICES DEPARTMENT OF THE INTERIOR (2/5/04)

Bureau of Indian Affairs, Final Determination To Acknowledge the Schaghticoke Tribal Nation, Thursday, February 5, 2004, 69 FR 5570-01, 2004 WL 210471 (F.R.)

SUMMARY:Pursuant to 25 CFR 83.10(m), notice is hereby given that the Assistant Secretary--Indian Affairs acknowledges the Schaghticoke Tribal Nation c/o Mr. Richard L. Velky, 33 Elizabeth Street, 4th Floor, Derby, Connecticut 06148, as an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioning group satisfies all seven criteria for Federal acknowledgment as a tribe in 25 CFR 83.7, and therefore meets the requirements for a government-to-government relationship with the United States.

NOTICES DEPARTMENT OF THE INTERIOR (2/5/04)

Office of the Special Trustee for American Indians, Notice of Availability of Draft "To-Be" Trust Business Model for Public Comment, Thursday, February 5, 2004, 69 FR 5574-01, 2004 WL 210472 (F.R.)

SUMMARY:This action notifies the public of the availability of the draft "To- Be" trust business model for public comment from the date of this publication to March 31, 2004. For a number of years, the Department of the Interior (DOI) has been working on several projects to reform and improve the management of Indian fiduciary trust assets. The most comprehensive reform effort currently underway is the development of the "To-Be" Trust Model, which will reengineer the way DOI bureaus and offices perform their trust responsibilities and, ultimately, improve services provided to trust beneficiaries.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES (2/3/04)

Administration for Children and Families, Family Violence Prevention and Services Program, Tuesday, February 3, 2004, 69 FR 5171-01, 2004 WL 189388 (F.R.)

SUMMARY: This announcement governs the proposed award of formula grants under the Family Violence Prevention and Services Act to Native American Tribes, Alaskan Villages, and Tribal organizations. The purpose of these grants is to assist Tribes in establishing, maintaining, and expanding programs and projects to prevent family violence and to provide immediate shelter and related assistance for victims of family violence and their dependents. This announcement sets forth the application requirements, the application process, and other administrative and fiscal requirements for grants in fiscal year (FY) 2004. *Grantees are to be mindful that although the expenditure period for grants is a two year period, an application is required every year to provide continuity in the provision of services. (See B. Expenditure Period).

January

NOTICES NATIONAL INDIAN GAMING COMMISSION (1/27/04)

Fee rates, January 27, 2004, 69 FR 3954-02 2004 WL 114845 (F.R.)

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 0.069% (.0069) for tier 2 for calendar year 2004. these rates shall apply to all assessable gross revenues form 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 2004 shall be one-half of the annual fee rate, which is 0.0345% (.00345).

NOTICES DEPARTMENT OF EDUCATION (1/23/04)

Meeting of the President's Board of Advisors on Tribal Colleges and Universities, Friday, January 23, 2004, 69 FR 3336-02 2004 WL 101504 (F.R.)

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

NOTICES DEPARTMENT OF COMMERCE, Bureau of the Census (1/21/04)

Request for Nominations of Members To Serve on the Census Advisory Committee on the American Indian and Alaska Native Populations, Wednesday, January 21, 2004, 69 FR 2887-01 2004 WL 86033 (F.R.)

SUMMARY: Pursuant to the Federal Advisory Committee Act (5 United States Code (U.S.C.) Appendix 2, Section 10(a)(b)), the Bureau of the Census (Census Bureau) requests nominations of individuals to the Census Advisory Committee on the American Indian and Alaska Native Populations. The Census Bureau will consider nominations received in response to this Request for Nominations, as well as from other sources. The SUPPLEMENTARY INFORMATION section for this notice provides committee and membership criteria.

NOTICES DEPARTMENT OF THE INTERIOR (1/20/04)

Environmental Impact Statement for the Proposed Ione Band of Miwok Indians' Trust Acquisition and Casino Project, Amador County, California, Tuesday, January 20, 2004, 69 FR 2728-01 2004 WL 76160 (F.R.)

SUMMARY: This notice announces that the Bureau of Indian Affairs is holding an additional public scoping meeting and extending the comment period for identifying potential issues and content for inclusion in the Environmental Impact Statement (EIS) for the Proposed Ione Band of Miwok Indians' Trust Acquisition and Casino Project, Amador County, California. The Notice of Intent to prepare the EIS, published in the Federal Register on November 7, 2003 (68 FR 63127), announced a public scoping meeting for November 19, 2003, which was held, and a closing date for comments of December 8, 2003.

RULES AND REGULATIONS NATIONAL INDIAN GAMING COMMISSION,
25 CFR Part 514 (1/16/04)

Fees, Friday, January 16, 2004, 69 FR 2504-01 2004 WL 66550 (F.R.)

SUMMARY: The National Indian Gaming Commission (NIGC or Commission) is amending its fee regulations. The regulations are being amended to reflect changes in the statutory limit set by Congress.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs,
25 CFR Chapter 1 (1/15/04)

Meeting of the No Child Left Behind Negotiated Rulemaking Committee, Thursday, January 15, 2004, 69 FR 2317-01 2004 WL 62472 (F.R.)

SUMMARY: The Secretary of the Interior has established an advisory Committee to develop recommendations for proposed rules for Indian education under the No Child Left Behind Act of 2001. As required by the Federal Advisory Committee Act, we are announcing the date and location of the next meeting of the No Child Left Behind Negotiated Rulemaking committee.

RULES AND REGULATIONS DEPARTMENT OF JUSTICE (1/15/04)

Grants for Correctional Facilities on Tribal Lands Program Thursday, January 15, 2004 Bureau of Indian Affairs, 69 FR 2298-01 2004 WL 62458 (F.R.)

SUMMARY: The Office of Justice Programs is issuing this second interim rule to update and further clarify what the Bureau of Justice Assistance considers to be an eligible "Indian tribe" and what is considered to be "construction," under the Grants for Correctional Facilities on Tribal Lands Program.

PROPOSED RULES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
24 CFR Part 1000 (1/14/04)

Native American Housing Assistance and Self-Determination Negotiated Rulemaking Committee; Meeting Wednesday, January 14, 2004, 69 FR 2094-01 2004 WL 57040 (F.R.)

SUMMARY: This document announces the final meeting of the Native American Housing Assistance and Self-Determination Negotiated Rulemaking Committee. The purpose of the Committee is to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant (IHBG) program allocation formula, and other regulatory issues that arise out of the allocation or reallocation of IHBG funds.

UNIFIED AGENDA of NATIONAL INDIAN GAMING COMMISSION (NIGC) 12/22/03.

Includes: statement of regulatory priorities, semiannual regulatory agenda can be found here, Freedom of Information Act procedures can be found here, debt collection can be found here, practice before the commission

UNIFIED AGENDA of HOUSING and URBAN DEVELOPMENT (HUD) 12/22/03.

Includes: operating fund allocation formula, designated housing, PHA discretion in treatment of over-income families

DEPARTMENT of INTERIOR, BUREAU of INDIAN AFFAIRS (BIA) 12/22/03.

Includes: Buy Indian Act regulations, irrigation projects and systems, Indian electric power utilitiee, protection of products of Indian art and craftmanship

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