Native American Rights Fund, National Indian Law Library, Indian Law Bulletins, 2004 U.S. Regulatory Information

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

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.)

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.)

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.)

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.)

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)

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.)