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December

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (12/27/06)

Notice of Deadline for Submitting Completed Applications to Begin Participation in the Tribal Self-Governance Program in Fiscal Year 2008 or Calendar Year 2008, Wednesday, December 27, 2006, 71 FR 77789-01, (PDF), 2006 WL 3779637

SUMMARY: In this notice, the Office of Self-Governance (OSG) establishes a March 1, 2007, deadline for tribes/consortia to submit completed applications to begin participation in the tribal self-governance program in fiscal year 2008 or calendar year 2008.

NOTICES DEPARTMENT OF AGRICULTURE, Forest Service (12/26/06)

Forest Service Interim Guidelines for Tribal Forest Protection Act, Tuesday, December 26, 2006, 71 FR 77368-01, (PDF), 2006 WL 3770517

SUMMARY: On December 13, 2005, the Forest Service issued an interim directive to provide guidance for Tribal Forest Protection Act (TFPA) proposals. This interim directive provides internal administrative direction to guide Forest Service employees in planning, implementing, and monitoring TFPA proposals. The interim directive is issued to Forest Service Handbook (FSH) 2409.19, Renewable Resources Handbook, Chapter 60, Stewardship Contracting, as Interim Directive No. 2409.19-2005-2 and can be found at http:// www.fs.fed.us/spf/tribalrelations/. This direction was developed to implement the provisions as authorized in Public Law 108-278, Tribal Forest Protection Act. The agency is requesting comment on this interim directive to ensure that the public has the opportunity to comment on the implementation of this new authority. The public's comments will be considered prior to development of final agency policy.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (12/22/06)

Energy Policy Act of 2005, Section 1813, Draft Report to Congress, Friday, December 22, 2006, 71 FR 77060-01, (PDF), 2006 WL 3749771

SUMMARY: Section 1813 of the Energy Policy Act of 2005 (Pub. L. 109-58) requires the Department of the Interior and the Department of Energy (Departments) to jointly conduct a study of issues related to energy rights-of-way (ROWs) on tribal lands. The Act further directs the Departments to submit a report to Congress on the findings of the study. The Draft Report to Congress is available for review on the Section 1813 Web site (http://1813.anl.gov).

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES (12/22/06)

Administration for Children and Families, Friday, December 22, 2006, 71 FR 77033-01, (PDF), 2006 WL 3749757

SUMMARY: Pursuant to section 814 of the Native American Programs Act of 1974 (the Act) 42 U.S.C. 2992b-1, ANA herein describes its proposed interpretive rules, statements of general policy and rules of agency procedure or practice in relation to the Social and Economic Development Strategies (hereinafter referred to as SEDS), Native Language Preservation and Maintenance (hereinafter referred to as Native Language), Environmental Regulatory Enhancement (hereinafter referred to as Environmental), Environmental Mitigation (hereinafter referred to as Mitigation), Improving the Well-Being of Children-- Native American Health Marriage Initiative (hereinafter referred to as Healthy Marriage) programs and any Special Initiatives. 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 rules of agency procedure or practice and to give notice of the final adoption of such changes at least thirty (30) days before the changes become effective. This Notice also provides additional information about ANA's plan for administering the programs.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 547 (12/21/06)

Technical Standards for "Electronic, Computer, or Other Technologic Aids" Used in the Play of Class II Games, Thursday, December 21, 2006, 71 FR 76618-02, (PDF), 2006 WL 3740578

SUMMARY: This notice extends the period for comments on proposed Class II technical standards published in the Federal Register on August 11, 2006 (71 FR 46336).

RULES and REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service, 25 CFR Part 900 (12/21/06)

Contracts Under the Indian Self-Determination and Education Assistance Act; Change of Address for the Civilian Board of Contract Appeals, Thursday, December 21, 2006, 71 FR 76600-01, (PDF), 2006 WL 3740572

SUMMARY: The Indian Health Service is revising its regulations governing contracts under the Indian Self-Determination and Education Assistance Act to reflect a change of address due to a move for the Civilian Board of Contract Appeals (CBCA).

NOTICES DEPARTMENT OF THE INTERIOR, Office of the Secretary (12/19/06)

Statement of Findings: Zuni Indian Tribe Water Rights Settlement Act of 2003, Tuesday, December 19, 2006, 71 FR 75981-01, (PDF), 2006 WL 3712886

SUMMARY: The Secretary of the Interior is causing this notice to be published as required by section 9 of the Zuni Indian Tribe Water Rights Settlement Act of 2003 (Settlement Act), Public Law 108-34, 117 Stat. 782-98. The publication of this notice causes the waiver and release of certain claims to become effective as required to implement the Settlement.

PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 62, [EPA-HQ-OAR-2006-0364; FRL-8254-9] (12/18/06)

Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before December 9, 2004, Monday, December 18, 2006, 71 FR 75816-01, (PDF), 2006 WL 3698072

SUMMARY: On December 16, 2005, the EPA promulgated emission guidelines (EG) for existing "other" solid waste incineration (OSWI) units. Sections 111 and 129 of the Clean Air Act (CAA) require States with existing OSWI units subject to the EG to submit plans to the EPA that implement and enforce the emission guidelines. Indian Tribes may submit, but are not required to submit, Tribal plans to implement and enforce the EG in Indian country. State plans are due from States with OSWI units subject to the EG on December 16, 2006. If a State or Tribe with existing OSWI units does not submit an approvable plan, sections 111(d) and 129 of the CAA require the EPA to develop, implement, and enforce a Federal plan for OSWI units located in that State or Tribal area within 2 years after promulgation of the EG (December 16, 2007). This action proposes a Federal plan to implement EG for OSWI units located in States and Indian country without effective State or Tribal plans. On the effective date of an approved State or Tribal plan, the Federal plan would no longer apply to OSWI units covered by the State or Tribal plan.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Land Management, [F-14838-B, F-14838-B2; AK-964-1410-KC-P] (12/15/06)

Alaska Native Claims Selection, Friday, December 15, 2006, 71 FR 75576-02, (PDF), 2006 WL 3671326

SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Bethel Native Corporation. The lands are in the vicinity of the Kwethluk River at Three Step Mountain and the Tuluksak River, approximately 30 miles east of the Native village of Tuluksak, Alaska. The subsurface estate in these lands, except that in the lands described below, will be conveyed to Calista Corporation when the surface estate is conveyed to Bethel Native Corporation. Calista Corporation received title to the subsurface estate in the lands described immediately above in a prior conveyance. Notice of the decision will also be published four times in the Tundra Drums.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (12/13/06)

Land Acquisitions; Jicarilla Apache Tribe of New Mexico, Wednesday, December 13, 2006, 71 FR 74933-01, (PDF), 2006 WL 3610188

SUMMARY: The Associate Deputy Secretary made a final agency determination to acquire approximately 31,777.066 acres, more or less, of land into trust for the Jicarilla Apache Tribe of New Mexico on December 4, 2006. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Associate Deputy Secretary by 209 DM 8.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Docket No. FR-5055-N-01 (12/12/06)

Use of Census Data in the IHBG Program, Tuesday, December 12, 2006, 71 FR 74748-01, (PDF), 2006 WL 3587705

SUMMARY: Senate Report 109-109, which accompanied HUD's Fiscal Year (FY) 2006 appropriations act, provides for HUD to reassess through notice and comment rulemaking its use of multi-race data in the computation of the Need component of the Indian Housing Block Grant (IHBG) program allocation formula. Through the IHBG program, HUD provides Federal housing assistance to Indian tribes in a manner that recognizes the right of Indian self-determination and tribal self-government. Consistent with the language of Senate Report 109- 109, this notice solicits public comment on HUD's use of multi-race data in the computation of the IHBG program allocation formula. Following HUD's review and consideration of the comments received, HUD may proceed with additional rulemaking as necessary.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502, 546, and 547 (12/08/06)

Class II Definitions and Gaming Standards and Technical Standards, Friday, December 8, 2006, 71 FR 71115-01, (PDF), 2006 WL 3531617

SUMMARY: This notice reopens the period for comments on proposed Class II definitions and game classification standards published in the Federal Register on May 25, 2006 (71 FR 30232, 71 FR 30238). This notice also reopens the period for comments on proposed Class II technical standards published in the Federal Register on August 11, 2006 (71 FR 46336).

NOTICES DEPARTMENT OF THE INTERIOR, Office of the Secretary (12/06/06)

Proposed Appointment of Norman H. DesRosiers to the National Indian Gaming Commission, Wednesday, December 6, 2006, 71 FR 70783-02, (PDF), 2006 WL 3497962

SUMMARY: The Indian Gaming Regulatory Act provides for a three-person National Indian Gaming Commission. One member, the chairman, is appointed by the President with the advice and consent of the Senate. Two associate members are appointed by the Secretary of the Interior. Before appointing members, the Secretary is required to provide public notice of a proposed appointment and allow a comment period. Notice is hereby given of the proposed appointment of Norman H. DesRosiers as an associate member of the National Indian Gaming Commission for a term of 3 years.

NOTICES DEPARTMENT OF EDUCATION (12/06/06)

Closed Meeting of the National Advisory Council on Indian Education, Wednesday, December 6, 2006, 71 FR 70744-01, (PDF), 2006 WL 3497908

SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming closed meeting of the National Advisory Council on Indian Education (the Council) and is intended to notify the general public. 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. This notice is appearing in the Federal Register less than 15 days prior to the meeting date due to scheduling conflicts and the importance of selecting a new Director for the Office of Indian Education in a timely manner.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 292 (12/04/06)

Gaming on Trust Lands Acquired After October 17, 1988, Monday, December 4, 2006, 71 FR 70335-01, (PDF), 2006 WL 3474039

SUMMARY: This document extends the comment period for the proposed rule published on Thursday, October 5, 2006 (71 FR 58769), which establishes procedures that an Indian tribe must follow in seeking to conduct gaming on lands acquired after October 17, 1988. This document also contains corrections to the proposed rule. The regulation relates to gaming on trust lands acquired after October 17, 1988.

November

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (11/24/06)

Rate Adjustments for Indian Irrigation Projects, Friday, November 24, 2006, 71 FR 67897-01, (PDF), 2006 WL 3386404

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

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (11/24/06)

Proposed Renewal of Loan Guaranty, Insurance, and Interest Subsidy; Request for Comments, Friday, November 24, 2006, 71 FR 67895-01, (PDF), 2006 WL 3386401

SUMMARY: The Department of the Interior (DOI), Office of Indian Energy and Economic Development (OIEED), is seeking comments on the collection of information necessary for utilization of the Loan Guaranty, Insurance, and Interest Subsidy Program. This is necessary to continue the use of forms for this program approved by the Office of Management and Budget under the Paperwork Reduction Act of 1995. The public will have the opportunity to comment on the time and expense required by these forms to access the program.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES (11/21/06)

Administration for Children and Families Notice of Public Comment on the Proposed Adoption of ANA Program Policies and Procedures, Tuesday, November 21, 2006, 71 FR 67355-01, (PDF), 2006 WL 3358245

SUMMARY: Pursuant to section 814 of the Native American Programs Act of 1974 (the Act) 42 U.S.C. 2992b-1, ANA herein describes its proposed interpretive rules, statements of general policy and rules of agency procedure or practice in relation to the Social and Economic Development Strategies (hereinafter referred to as SEDS), Native Language Preservation and Maintenance (hereinafter referred to as Native Language), Environmental Regulatory Enhancement (hereinafter referred to as Environmental), Environmental Mitigation (hereinafter referred to as Mitigation), Improving the Well-Being of Children--Native American Healthy Marriage Initiative (hereinafter referred to as Healthy Marriage) programs and any Special Initiatives. 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 rules of agency procedure or practice and to give notice of the final adoption of such changes at least thirty (30) days before the changes become effective. This Notice also provides additional information about ANA's plan for administering the programs.

NOTICES ENVIRONMENTAL PROTECTION AGENCY, EPA-HQ-OPPT-2006-0929; FRL-8103-1 (11/20/06)

Forum on State and Tribal Toxics Action; Notice of Public Meeting, Monday, November 20, 2006, 71 FR 67118-01, (PDF), 2006 WL 3340936

SUMMARY: EPA is announcing the meeting of the Forum on State and Tribal Toxics Action (FOSTTA) to enable state and tribal leaders to collaborate with EPA on environmental protection and pollution prevention issues. Representatives and invited guests of the Chemical Information and Management Project (CIMP), the Pollution Prevention (P2) Project, and the Tribal Affairs Project (TAP), components of FOSTTA, will be meeting December 11, 2006. The meeting is being held to provide 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.

RULES and REGULATIONS DEPARTMENT OF AGRICULTURE, Commodity Credit Corporation, 7 CFR Part 1400 (11/15/06)

Definition of Indian Tribe for Payment Eligibility and Payment Limitation, Wednesday, November 15, 2006, 71 FR 66432-01, (PDF), 2006 WL 3296319

SUMMARY: This rule amends the regulations of the Commodity Credit Corporation (CCC) governing payment limitation and payment eligibility and the limitation on the maximum allowable adjusted gross income (AGI) for program participants. Currently, 7 CFR part 1400, subpart G, exempts Indian tribes from all requirements of the AGI limitation for payment eligibility without providing a definition of Indian tribe. This rule defines "Indian tribe" consistent with the definition used by the United States Department of the Interior, Bureau of Indian Affairs (BIA), and other rules utilized by CCC, FSA and the Natural Resources Conservation Service (NRCS) in their programs.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502 and 546 (11/13/06)

Class II Definitions and Game Classification, Monday, November 13, 2006, 71 FR 66147-01, (PDF), 2006 WL 3255945

SUMMARY: This notice announces the availability of two analytical reports commissioned by the National Indian Gaming Commission (NIGC) to analyze the economic impact of proposed class II game classification regulations as well as sets a deadline for comments on these reports. These two reports may be viewed and downloaded by visiting the NIGC Web site http://www.nigc.gov. Those individuals who are unable to view or download this Web site may contact Shawn Pensoneau at (202) 632-7003 to obtain a copy of the reports.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Parts 15, 18, 150, 152, and 179, Office of the Secretary, 43 CFR Parts 4 and 30, RIN 1076-AE59 (11/01/06)

Indian Trust Management Reform, Wednesday, November 1, 2006, 71 FR 64181-01, (PDF), 2006 WL 3076316

SUMMARY: On August 8, 2006, the Bureau of Indian Affairs (BIA) and the Office of the Secretary proposed to amend several of their regulations related to Indian trust management (see 71 FR 45173). The purpose of the amendments is to further fulfill the Secretary's fiduciary responsibilities to federally recognized tribes and individual Indians and to meet the Indian trust management policies in the Indian Land Consolidation Act (ILCA), as amended by the American Indian Probate Reform Act of 2004 (AIPRA). These amendments address Indian trust management issues in the areas of probate, probate hearings and appeals, tribal probate codes, life estates and future interests in Indian land, the Indian land title of record, and conveyances of trust or restricted land. There is also an "Application for Consolidation by Sale" form that is associated with one of these amendments.

October

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (10/30/06)

Proclaiming Certain Lands as Reservation for the Snoqualmie Indian Tribe of Washington, Monday, October 30, 2006, 71 FR 63347-01, (PDF), 2006 WL 3053200

SUMMARY: This notice informs the public that the Principal Deputy Assistant Secretary--Indian Affairs proclaimed approximately 55.84 acres, more or less, as the Snoqualmie Indian Reservation for the Snoqualmie Tribe of Indians of Washington on October 20, 2006.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (10/30/06)

Federal Acknowledgment of Tribes Proposed Information Collection Renewal; Comment Request, Monday, October 30, 2006, 71 FR 63345-01, (PDF), 2006 WL 3053197

SUMMARY: This notice announces that the Information Collection Request for Documented Petitions for Federal Acknowledgment as an Indian Tribe will expire December 31, 2006. As required by the Paperwork Reduction Act of 1995, we are seeking comments on this information collection before we request extension from the Office of Information and Regulatory Affairs, Office of Management and Budget.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (10/25/06)

Bureau of Indian Affairs Proposed Information Collection Under the Paperwork Reduction Act; Comment Request, Wednesday, October 25, 2006, 71 FR 62485-01, (PDF), 2006 WL 3016810

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA) invites comments on an information collection request which will be renewed. The collection is: Gaming on Trust Lands Acquired after October 17, 1988, OMB Control Number 1076-0158.

PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Parts 49 and 51 (10/24/06)

Review of New Sources and Modifications in Indian Country, Tuesday, October 24, 2006, 71 FR 62227-01, (PDF), 2006 WL 3007143

SUMMARY: The EPA is announcing an extension of the public comment period on our proposed Review of New Sources and Modification in Indian Country Federal Implementation Plan (FIP) (August 21, 2006). The proposed FIP changes would include two basic air quality regulations for the protection of communities in Indian country. The first rule would apply to minor stationary sources and minor modifications at major stationary sources in Indian country (minor New Source Review (NSR) rule). The second rule would apply to all new major stationary sources and major modifications located in areas of Indian country that are designated as not attaining the National Ambient Air Quality Standards (NAAQS) (nonattainment major NSR rule). These rules would be implemented by EPA, or a delegate tribal agency assisting EPA with administration of the rules, until replaced by an EPA-approved tribal implementation plan for an area of Indian country. The EPA is extending the public comment period from November 20, 2006 to January 19, 2007. The EPA is extending the public comment period by 60 days because of the number of requests we received in a timely manner.

NOTICES ENVIRONMENTAL PROTECTION AGENCY, [FRL-8234-5] (10/17/06)

Guidelines for Awarding Clean Water Act Section 319 Base Grants to Indian Tribes and Request for Proposals From Indian Tribes for Competitive Grants Under Clean Water Act Section 319 in FY 2007 (CFDA 66.460--Nonpoint Source Implementation Grants; Funding Opportunity Number EPA-OW-OWOW-07-1), Wednesday, October 25, 2006, 71 FR 62441-01, (PDF), 2006 WL 3016736

SUMMARY: This notice publishes EPA's national guidelines for the award of base grants and EPA's Request for Proposals (RFP) for the award of supplemental funding in the form of competitive grants under the Clean Water Act (CWA) section 319(h) nonpoint source (NPS) grants program to Indian Tribes in FY 2007. Section 319 of the CWA authorizes EPA to award grants to eligible Tribes for the purpose of assisting them in implementing approved NPS management programs developed pursuant to section 319(b). The primary goal of the NPS management program is to control NPS pollution through implementation of management measures and practices to reduce pollutant loadings resulting from each category or subcategory of NPSs identified in the Tribe's NPS assessment report developed pursuant to section 319(a). EPA anticipates, pending enactment of its FY 2007 appropriations, awarding a total of $7,000,000 to eligible Tribes which have approved NPS assessments and management programs and (treatment-as-a-state" (TAS) status as of October 13, 2006. EPA expects the allocation of funds will be similar to the amount distributed in FY 2006, which included approximately $3.2 million in base grants awarded to 95 Tribes and $3.8 million awarded to 28 Tribes through a competitive process. Section A includes EPA's national guidelines which govern the process for awarding base grants to all eligible Tribes, and section B is the national RFP for awarding the remaining funds on a competitive basis. In future years, EPA intends to post the RFP for competitive grants under section 319 at http://www.grants.gov and on EPA's Web site at http://www.epa.gov/owow/nps/tribal.

RULES and REGULATIONS ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 49 (10/17/06)

Announcement of the Delegation of Partial Administrative Authority for Implementation of Federal Implementation Plan for the Umatilla Indian Reservation to the Confederated Tribes of the Umatilla Indian Reservation, Tuesday, October 17, 2006, 71 FR 60852-01, (PDF), 2006 WL 2948259

SUMMARY: This action announces that on August 21, 2006, EPA Region 10 and the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) entered into a Partial Delegation of Administrative Authority to carry out certain day-to-day activities associated with administration of the Federal Implementation Plan for the Umatilla Indian Reservation (Umatilla FIP). A note of this partial delegation is being added to the Umatilla FIP.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (10/13/06)

Tribal Self-Governance Program; Planning Cooperative Agreement; New Funding Cycle for Fiscal Year 2007, Friday, October 13, 2006, 71 FR 60549-01, (PDF), 2006 WL 2918165

SUMMARY: The purpose of the program is to award cooperative agreements that provide planning resources to Tribes interested in participating in the Tribal Self-Governance Program (TSGP) as authorized by Title V, Tribal Self-Governance Amendments of 2000 of the Indian Self-Determination and Education Assistance Act of Public Law (Pub. L.) 93-638, as amended. There is limited competition under this announcement because the authorizing legislation restricts eligibility to Tribes that meet specific criteria. (Refer to Section III (1.) (A), Eligible Applicants in this announcement.) The TSGP is designed to promote self-determination by allowing Tribes to assume more control of Indian Health Service (IHS) programs and services through compacts negotiated with the IHS. The Planning Cooperative Agreement allows a Tribe to gather information to determine the current types of Programs, Services, Functions, and Activities (PSFAs), and related funding available at the Service Unit, Area, and Headquarters levels and provide the opportunity to improve and enhance the healthcare delivery system to better meet the needs of the Tribal community.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (10/13/06)

Tribal Self-Governance Program; Planning Cooperative Agreement; New Funding Cycle for Fiscal Year 2007, Friday, October 13, 2006, 71 FR 60545-02, (PDF), 2006 WL 2918164

SUMMARY: The purpose of the program is to award cooperative agreements that provide negotiation resources to Tribes interested in participating in the Tribal Self-Governance Program (TSGP) as authorized by Title V, Tribal Self-Governance Amendments of 2000 of the Indian Self-Determination and Education Assistance Act of Public Law (Pub. L.) 93-638, as amended. There is limited competition under this announcement because the authorizing legislation, Pub. L. 106- 260, Title V, restricts eligibility to Tribes that meet specific criteria. (Refer to Section III. (1.) (A.), Eligible Applicants in this announcement.) The TSGP is designed to promote self-determination by allowing Tribes to assume more control of Indian Health Service (IHS) programs and services through compacts negotiated with the 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 January 15, 2007.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 292 (10/5/06)

Gaming on Trust Lands Acquired After October 17, 1988, Thursday, October 5, 2006, 71 FR 58769-01, (PDF) 2006 WL 2826764

SUMMARY: The Bureau of Indian Affairs proposes to establish procedures that an Indian tribe must follow in seeking to conduct gaming on lands acquired after October 17, 1988. The Indian Gaming Regulatory Act allows Indian tribes to conduct class II and class III gaming activities on land acquired after October 17, 1988, only if the land meets certain exceptions. This proposed rule establishes a process for submitting and considering applications from Indian tribes seeking to conduct class II or class III gaming activities on lands acquired in trust after October 17, 1988.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (10/4/06)

Notice of Availability of the Record of Decision (Rod) for a Proposed Lease of Tribal Trust Lands Between Private Fuel Storage, L.L.C. (PFS) and Skull Valley Band of Goshute Indian (Band) in Tooele County, UT, Wednesday, October 4, 2006, 71 FR 58629-02, (PDF) 2006 WL 2817596

SUMMARY: The Bureau of Indian Affairs (BIA) has signed the Record of Decision (ROD) that disapproves a proposed lease of tribal trust lands between Private Fuel Storage, L.L.C. (PFS) and the Skull Valley Band of Goshute Indians. BIA analyzed the environmental impacts of the proposed lease under the National Environmental Policy Act (NEPA) and issued a draft environmental impact statement (EIS) in June 2000, and the final EIS (FEIS) in December 2001. The BIA decision is based on review of the draft EIS; the FEIS; comments received from the public, other Federal agencies, and State and local governments; consideration of the required factors under the Indian Long-term Leasing Act and implementing regulation; and discussion of all the alternatives with the cooperating agencies.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service, 50 CFR Part 20 (10/2/06)

Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2006-07 Late Season, Monday, October 2, 2006, 71 FR 58234-01, (PDF) 2006 WL 2811429

SUMMARY: This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule 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 (10/2/06)

Final Determination for the Burt Lake Band of Ottawa and Chippewa Indians, Inc., Monday, October 2, 2006, 71 FR 57995-01, (PDF) 2006 WL 2811416

SUMMARY: Pursuant to 25 CFR 83.10(h), notice is hereby given that the Associate Deputy Secretary (ADS) has determined that the Burt Lake Band of Ottawa and Chippewa Indians, Inc., c/o Mr. Curtis Chambers, does not satisfy all seven criteria for acknowledgment as an Indian tribe in 25 CFR 83.7.

September

NOTICES DEPARTMENT OF COMMERCE, Minority Business Development Agency (9/6/06)

Solicitation of Applications for the Native American Business Enterprise Center (NABEC) (formerly Native American Business Development Center (NABDC)), Wednesday, September 6, 2006, 71 FR 52529-01, (PDF) 2006 WL 2540811

SUMMARY: In accordance with Executive Order 11625 and 15 U.S.C. Section 1512, the Minority Business Development Agency (MBDA) is soliciting for competitive applications from organizations to operate a Native American Business Enterprise Center (NABEC) (formerly Native American Business Development Center (NABDC)). This is not a grant program to help start a business. Applications submitted must be to operate a Native American Business Enterprise Center (NABEC) and to provide business consultation to eligible clients. Applications that do not meet these requirements will be rejected. The NABEC will provide services in the outlined geographic areas (refer to SUPPLEMENTARY INFORMATION section of this Notice).

August

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (8/24/06)

Advisory Board for Exceptional Children, Thursday, August 24, 2006, 71 FR 50083-01, (PDF) 2006 WL 2431063

SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Affairs is announcing that the Advisory Board for Exceptional Children will hold its next meeting in Seattle, Washington. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) on Indian children with disabilities.

PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Parts 49 and 51 (8/21/06)

Review of New Sources and Modifications in Indian Country, Monday, August 21, 2006, 71 FR 48696-01, (PDF) 2006 WL 2387124

SUMMARY: The Environmental Protection Agency (EPA) proposes to promulgate a Federal Implementation Plan (FIP) under the Clean Air Act (the Act) for tribes in Indian country. The FIP would include two basic air quality regulations for the protection of communities in Indian country. The first rule would apply to minor stationary sources and minor modifications at major stationary sources in Indian country (minor NSR rule). The second rule would apply to all new major stationary sources and major modifications located in areas of Indian country that are designated as not attaining the National Ambient Air Quality Standards (NAAQS) (nonattainment major NSR rule). These rules would be implemented by EPA, or a delegate tribal agency assisting EPA with administration of the rules, until replaced by an EPA-approved tribal implementation plan for an area of Indian country.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 224 (8/21/06)

Tribal Energy Resource Agreements Under the Indian Tribal Energy Development and Self-Determination Act, Monday, August 21, 2006, 71 FR 48626-01, (PDF) 2006 WL 2387123

SUMMARY: The Department of the Interior, Bureau of Indian Affairs, proposes to amend its regulations by adding a new part to provide for Tribal Energy Resource Agreements (TERAs) between the Secretary of the Interior (Secretary) and Indian tribes under Section 2604 of the Indian Energy Resource Development and Self-Determination Act. The proposed regulations provide the process under which the Secretary will grant authority to an Indian tribe to review and approve leases business agreements and rights-of-way for specific energy development activities on tribal lands through an approved TERA. The Department invites your comments on the proposed rule.

NOTICES DEPARTMENT OF THE INTERIOR, National Park Service (8/17/06)

Native American Graves Protection and Repatriation Review Committee: Nomination Solicitation, Thursday, August 17, 2006, 71 FR 47512-02, (PDF) 2006 WL 2365500

SUMMARY: The National Park Service is soliciting nominations for two members of the Native American Graves Protection and Repatriation Review Committee. The Secretary of the Interior will appoint one member from nominations submitted by Indian tribes, Native Hawaiian organizations, and traditional Native American religious leaders. This particular appointee is not required to be a traditional Native American religious leader. The Secretary of the Interior will also appoint one member from nominations submitted by national museum organizations and scientific organizations.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (8/14/06)

Tribal Strategy; Solid Waste Disposal Act, Subtitle I, as Amended by Title XV, Subtitle B of the Energy Policy Act of 2005, Monday, August 14, 2006, 71 FR 46471-01, (PDF) 2006 WL 2332115

SUMMARY: By this notice, the Environmental Protection Agency (EPA), Office of Underground Storage Tanks (OUST) is advising the public that on August 7, 2006, EPA issued a strategy for implementing the underground storage tank program in Indian Country (referred to as the tribal strategy) and made the strategy available on EPA's Web site at: www.epa.gov/oust/fedlaws/epact--05.htm#Final. EPA developed the tribal strategy to implement Section 1529 of the Energy Policy Act of 2005.

PROPOSED RULES NATIONAL INDIAN GAMING COMMISSION, 25 CFR Part 547 (8/11/06)

Technical Standards for "Electronic, Computer, or Other Technologic Aids" Used, Friday, August 11, 2006, 71 FR 46336-01, (PDF) 2006 WL 2309048

SUMMARY: The proposed rule would add a new part to the Commission's regulations establishing technical standards for Class II games--bingo, lotto, other games similar to bingo, pull tabs, or "instant bingo"--that are played primarily through "electronic, computer, or other technologic aids." The proposed rule would also establish a process for assuring the integrity of such games and aids before their placement in a Class II tribal gaming operation. No such standards currently exist. The Commission proposes this action in order to assist tribal gaming regulatory authorities and operators in ensuring the integrity and security of Class II games and gaming revenue.

NOTE DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (8/9/06)

Energy Policy Act of 2005, Section 1813, Draft Report to Congress, Wednesday, August 9, 2006, 71 FR 45575-01, (PDF) 2006 WL 2263396

SUMMARY: Section 1813 of the Energy Policy Act of 2005 (Pub. L. 109-58) requires the Department of the Interior and the Department of Energy (Departments) to jointly conduct a study of issues related to energy rights-of-way (ROWs) on tribal lands. The Act further directs the Departments to submit a report to Congress on the findings of the study. The Draft Report to Congress is available for review on the Section 1813 Web site (http://1813.anl.gov).

Related News Story: National tribal leaders commend DOE/DOI report's affirmation of tribal energy rights-of-way (U.S. Newswire) 8/25/06.

PROPOSED RULES DEPARTMENT OF THE TREASURY, Internal Revenue Service, 26 CFR Parts 1 and 602 (8/9/06)

Definition of Essential Governmental Function Under Section 7871 and Limitation to Activities Customarily Performed by States and Local Governments, Wednesday, August 9, 2006, 71 FR 45474-02, (PDF) 2006 WL 2263447

SUMMARY: This document applies to Indian tribal governments and to State and local governments that issue bonds for the benefit of Indian tribal governments. This document describes rules that the IRS and the Treasury Department anticipate proposing, in a notice of proposed rulemaking, regarding the definition of an essential governmental function under section 7871(c) of the Internal Revenue Code and the limitation of that term to activities customarily performed by State and local governments for purposes of section 7871(e) of the Internal Revenue Code. This document also invites comments from the public regarding this proposed standard.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Parts 15, 18, 150, 152, and 179 (8/8/06)

Indian Trust Management Reform, Tuesday, August 8, 2006, 71 FR 45173-01, (PDF) 2006 WL 2254216

SUMMARY: The Bureau of Indian Affairs (BIA) and the Office of the Secretary propose to amend several of their regulations related to Indian trust management to further fulfill the Secretary's fiduciary responsibilities to federally recognized tribes and individual Indians and to meet the Indian trust management policies articulated by Congress in the Indian Land Consolidation Act (ILCA), as amended by the American Indian Probate Reform Act of 2004 (AIPRA). These amendments address Indian trust management issues in the areas of probate, probate hearings and appeals, tribal probate codes, life estates and future interests in Indian land, the Indian land title of record; and conveyances of trust or restricted land. There is also an "Application for Consolidation by Sale" form that is associated with one of these amendments.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502 and 546 (8/4/06)

Class II Definitions and Game Classification Standards, Friday, August 3, 2006, 71 FR 44239-01, (PDF) 2006 WL 2188639

SUMMARY: This document sets a date, time, place, and procedures for a public hearing in connection with the proposed Class II definitions and game classification standards published in the Federal Register on May 25, 2006 (71 FR 30232, 71 FR 30238). Additionally, this document extends the period for comments on the proposed regulations. Finally, this document provides an errata for the preamble to the Notice of Proposed Rulemaking published in the Federal Register on May 25, 2006 (71 FR 30238).

NOTICES DEPARTMENT OF THE INTERIOR, Office of the Special Trustee for American Indians (8/3/06)

Notice of Proposed Information Collection, Thursday, August 3, 2006, 71 FR 44042-03, (PDF) 2006 WL 2158563

SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Special Trustee for American Indians, Department of the Interior, announces the proposed extension of a public information collection required by The American Indian Trust Fund Management Reform Act of 1994, "Trust Funds for Tribes and Individual Indians, 25 CFR part 115," OMB Control No. 1035-0004, and that it is seeking comments on its provisions. After public review, the Office of the Special Trustee for American Indians will submit the information collection to Office of Management and Budget for review and approval.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (8/2/06)

Indian Child Welfare Act; Receipt of Designated Tribal Agents for Service of Notice, Wednesday, August 2, 2006, 71 FR 43788-02, (PDF) 2006 WL 2133489

SUMMARY: This notice is published in exercise of authority delegated by the Secretary of the Interior to the Principal Deputy Assistant Secretary--Indian Affairs by 209 DM 8.

July

NOTICES DEPARTMENT OF EDUCATION (7/27/06)

President's Board of Advisors on Tribal Colleges and Universities, Thursday, July 27, 2006, 71 FR 42636-02, (PDF) 2006 WL 2066913

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

NOTICES ENVIRONMENTAL PROTECTION AGENCY (7/19/06)

Review of Environmental Protection Agency Draft Guidance for Implementing Executive Order 13175, Consultation and Coordination With Indian Tribal Governments; Extension of Comment Period, Wednesday, July 19, 2006, 71 FR 41020-02, (PDF) 2006 WL 1993294

SUMMARY: On April 19, 2006, EPA released for public comment, its draft Guidance, Executive Order 13175: Consultation and Coordination with Indian Tribal Governments ("Guidance") in the Federal Register. The draft Guidance addresses the provisions of Executive Order 13175 ("EO 13175") and how EPA generally intends to implement EO 13175 in connection with relevant EPA activities. This notice announces a 60 day extension of the comment period for the draft Guidance, Executive Order 13175: Consultation and Coordination with Indian Tribal Governments ("Guidance"). This extension is necessary to accommodate requests that we provide the public more time to review and comment on the materials.

NOTICES DPEARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/17/06)

Submission of Paperwork Reduction Act Request to Office of Management and Budget, Monday, July 17, 2006, 71 FR 40536-01, (PDF) 2006 WL 1970001

SUMMARY: This notice announces that the Information Collection Request for Bureau of Indian Affairs (BIA) for a Certificate of Degree of Indian or Alaska Native Blood (CDIB) has been submitted to the Office of Management and Budget (OMB) for approval under the provisions of the Paperwork Reduction Act. The BIA is soliciting public comments on the subject proposal.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 171 (7/17/06)

Irrigation Operation and Maintenance, Monday, July 17, 2006, 71 FR 40450-01, (PDF) 2006 WL 1970010

SUMMARY: The Department of the Interior, Bureau of Indian Affairs (BIA), is proposing to revise the regulations governing irrigation projects under its jurisdiction. The purpose of the revisions is to provide consistent administration; establish the process for updating practices, policies, and procedures for the administration, operation, maintenance, and rehabilitation of irrigation projects; and provide uniform accounting and recordkeeping procedures.

NOTES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/5/06)

Class III Gaming Procedures and Tribal Revenue Allocation Plans: Submission to the Office of Management and Budget, Wednesday, July 5, 2006, 71 FR 38173-01, (PDF) 2006 WL 1812553

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA) is submitting two information collection requests for review and renewal by the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB). The two collections are: Class III Gaming Procedures, 1076-0149, and Tribal Revenue Allocation Plans, 1076-0152.

June

NOTES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (6/22/06)

Advisory Board for Exceptional Children, Thursday, June 22, 2006, 71 FR 35944-01, (PDF) 2006 WL 1696624

SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Affairs is announcing that the Advisory Board for Exceptional Children will hold its next meeting in Denver, Colorado. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Improvement Act of 2004 on Indian children with disabilities.

May

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502 and 546 (5/25/06)

Classification Standards for Bingo, Lotto, Other Games Similar to Bingo, Pull Tabs and Instant Bingo as Class II Gaming When Played Through an Electronic Medium Using "Electronic, Computer, or Other Technologic Aids", Thursday, May 25, 2006, 71 FR 30238-01, (PDF) 2006 WL 1416888

SUMMARY: not yet available

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 502 (5/25/06)

Definition for Electronic or Electromechanical Facsimile, Thursday, May 25, 2006, 71 FR 30232-01, (PDF) 2006 WL 1416887

SUMMARY: not available

NOTICES ENVIRONMENTAL PROTECTION AGENCY (5/22/06)

Draft Grant Guidelines for States and Draft Tribal Strategy; Solid Waste Disposal Act, Subtitle I, as Amended by Title XV, Subtitle B of the Energy Policy Act of 2005, Monday, May 2, 2006, 71 FR 29334-01, (PDF) 2006 WL 1372631

SUMMARY: By this notice, the Environmental Protection Agency (EPA), Office of Underground Storage Tanks (OUST) is advising the public of the future availability of draft grant guidelines EPA is developing to help states comply with requirements for receiving funding under Subtitle I of the Solid Waste Disposal Act as established in Title XV, Subtitle B of the Energy Policy Act of 2005. EPA is asking the public to comment on the guidelines as they become available. EPA also is advising the public of the future availability of a draft tribal strategy to implement section 1529 of the Energy Policy Act of 2005, and asking for public comment as it becomes available. EPA encourages interested stakeholders to regularly check EPA's Web site at: http://www. epa.gov/oust/fedlaws/ epact-- 05.htm# Drafts where we will post the draft guidelines and draft tribal strategy as they become available over the next three months. You also may send an e-mail to OUST--Energy --Policy-- Act-- Email--List@epa.gov requesting that we notify you when the drafts are posted on EPA's Web site.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 542 (5/11/06)

25 CFR Part 542, Thursday, May 11, 2006, 71 FR 27385-02, (PDF) 2006 WL 1272333

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, which have subsequently been revised several times. 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, the interests of Tribal stakeholders and the gaming public. To that end, the following final rule revisions contain certain corrections and revisions, which are necessary to clarify, improve, and update the Commission's existing MICS. The purpose of these final MICS revisions is to address apparent shortcomings in the MICS and various changes in Tribal gaming technology and methods. Public comments on these final MICS revisions were received by the Commission for a period of 45 days after their publication in the Federal Register as a proposed rule on November 15, 2005. After consideration of all received comments, the Commission has made whatever changes to the proposed revisions that it deemed appropriate, and is now promulgating and publishing the final revisions to the Commission's MICS Rule, 25 CFR part 542.

NOTICES DEPARTMENT OF THE INTERIOR, Office of the Special Trustee for American Indians (5/10/06)

Notice of Proposed Information Collection, Wednesday, May 10, 2006, 71 FR 27275-02, (PDF) 2006 WL 1232748

SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Special Trustee for American Indians, Department of the Interior, announces the proposed extension of a public information collection required by The American Indian Trust Fund Management Reform Act of 1994, "Application to Withdraw Tribal Funds from Trust Status, 25 CFR 1200," OMB Control No. 1035-0003, and that it is seeking comments on its provisions. After public review, the Office of the Special Trustee for American Indians will submit the information collection to Office of Management and Budget for review and approval.

NOTICES DEPARTMENT OF EDUCATION (5/10/06)

Open Meeting of the National Advisory Council on Indian Education, Wednesday, May 10, 2006, 71 FR 27238-01, (PDF) 2006 WL 1232700

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. This notice is appearing in the Federal Register less than 15 days before the date of the meeting due to scheduling issues.

NOTICES DEPARTMENT OF ENERGY, Office of Electricity Delivery and Energy Reliability (5/5/06)

Public Scoping Meeting on Study of Energy Rights-of-Way on Tribal Lands, Friday, May 5, 2006, 71 FR 26483-01, (PDF) 2006 WL 1179890

SUMMARY: This notice advises the public that the Department of Energy ("DOE") and Department of the Interior ("DOI") (collectively referred to as the "Departments") have set May 15, 2006, as the deadline for submission of information and comments regarding the study being conducted pursuant to section 1813 of the Energy Policy Act of 2005. The Departments invite the public to provide any information relevant to the topics being studied pursuant to section 1813 by May 15, 2006. The Departments encourage the public to submit information electronically to the email address given below.

April

PROPOSED RULES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service, 42 CFR Parts 136 and 489 (4/28/06)

Section 506 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003--Limitation on Charges for Services Furnished by Medicare Participating Inpatient Hospitals to Indians, Friday, April 28, 2006, 71 FR 25124-02, (PDF) 2006 WL 1112224

SUMMARY: This proposed rule would establish regulations required by section 506 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), (Pub. L. 108-173). Section 506 of the MMA amended section 1866(a)(1) of the Social Security Act to add subparagraph (U) which requires hospitals that furnish inpatient hospital services payable under Medicare to participate in the contract health services program funded by the Indian Health Service (IHS) whether operated by the IHS, tribes or tribal organizations and any health program operated by Urban Indian organizations that are funded by IHS with respect to any medical care furnished under those programs. Section 506 also requires such participation to be in accordance with the admission practices, payment methodology, and payment rates set forth in regulation established by the Secretary, including acceptance of no more than the payment rate as payment in full.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (4/19/06)

Review of Environmental Protection Agency Draft Guidance for Implementing Executive Order 13175, Consultation and Coordination With Indian Tribal Governments, Wednesday, April 19, 2006, 71 FR 20314-01, (PDF) 2006 WL 1007434

SUMMARY: The Environmental Protection Agency (EPA) is seeking public comment on its draft Guidance, Executive Order 13175: Consultation and Coordination with Indian Tribal Governments ("Guidance"). This draft Guidance addresses the provisions of Executive Order 13175 ("EO 13175") and how EPA generally intends to implement EO 13175 in connection with relevant EPA activities. EPA is seeking public comment on this draft Guidance in order to provide EPA with a broad range of experiences and perspectives as the draft Guidance is finalized.

RULES AND REGULATIONS, DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 517 (4/19/06)

Freedom of Information Act Procedures, Wednesday, April 19, 2006, 71 FR 20006-01, (PDF) 2006 WL 1007446

SUMMARY: The purpose of this document is to amend the procedures followed by the National Indian Gaming Commission (Commission) when processing a request under the Freedom of Information Act (FOIA), as amended so that the Commission will be in compliance with the provisions of the amendment to FOIA.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service, 50 CFR Part 20 (4/11/06)

Migratory Bird Hunting; Proposed 2006-07 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2007 Spring/Summer Migratory Bird Subsistence Harvest Proposals in Alaska, Tuesday, April 11, 2006, 71 FR 18562-01, (PDF) 2006 WL 907323

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 2006-07 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2006-07 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, and requests proposals for the 2007 spring/summer migratory bird subsistence season in Alaska. 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 INTERIOR, Bureau of Indian Affairs (4/11/06)

Gaming on Trust Lands Acquired After October 17, 1988, Tuesday, April 11, 2006, 71 FR 18350-01, (PDF) 2006 WL 907336

SUMMARY: On March 15, 2006, a letter was mailed to Tribal Leaders to provide consultation with tribal governments on the development of proposed regulations which will establish standards for implementing Section 20 of the Indian Gaming Regulatory Act.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (4/6/06)

Proposed Finding for Federal Acknowledgment of the Mashpee Wampanoag Indian Tribal Council, Incorporated of Massachusetts, Thursday, April 6, 2006, 71 FR 17488-02, (PDF) 2006 WL 868381

SUMMARY: Pursuant to 25 CFR 83.10(h), notice is hereby given that the Associate Deputy Secretary (ADS) proposes to determine that the Mashpee Wampanoag Indian Tribal Council, Inc., P.O. Box 1048, Mashpee, Massachusetts 02649, c/o Mr. Glenn Marshall, is an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioner satisfies all seven mandatory criteria, and thus, meets the requirements for a government-to-government relationship with the United States.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (4/5/06)

Rate Adjustments for Indian Irrigation Projects, Wednesday, April 5, 2006, 71 FR 17131-01, (PDF) 2006 WL 858205

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

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Office of the Secretary, 43 CFR Part 10 (4/3/06)

Native American Graves Protection and Repatriation Act Regulations; Correction, Monday, April 3, 2006, 71 FR 16500-01, (PDF) 2006 WL 842105

SUMMARY: This document contains corrections to a final rule that was published Friday, September 30, 2005 (70 FR 57177). The regulations related to implementation of the Native American Graves Protection and Repatriation Act of 1990.

March

NOTICES DEPARTMENT OF ENERGY, Office of Electricity Delivery and Energy Reliability (3/31/06)

Public Scoping Meeting on Study of Energy Rights-of-Way on Tribal Lands, Friday, March 31, 2006, 71 FR 16298-02, (PDF) 2006 WL 819556

SUMMARY: This notice advises the public that the Department of Energy ("DOE") and Department of the Interior ("DOI") (collectively referred to as the "Departments") intend to jointly hold a three-day public scoping meeting in connection with the Department's ongoing study of energy rights-of-way on tribal land pursuant to section 1813 of the Energy Policy Act of 2005. Through these meetings, the Departments invite the public to provide additional oral or written comments about how to proceed with the implementation of section 1813

NOTICES DEPARTMENT OF EDUCATION (3/30/06)

President's Board of Advisors on Tribal Colleges and Universities; Notice of Meeting, Thursday, March 30, 2006, 71 FR 16131-01, (PDF) 2006 WL 793830

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

NOTICES ENVIRONMENTAL PROTECTION AGENCY (3/29/06)

Guidelines for the Award of Monitoring Initiative Funds Under Section 106 Grants to States, Interstate Agencies, and Tribes, Wednesday, March 28, 2006, 71 FR 15718-01, (PDF) 2006 WL 776848

SUMMARY: These guidelines describe the formula necessary for EPA to allot Clean Water Act (CWA) Section 106 water pollution control program grant funds that have been targeted in EPA's appropriation process to support enhanced monitoring efforts by states, interstate agencies, and tribes for FY 2006 and beyond. These guidelines also describe the specific activities that states, interstate agencies, and tribes must carry out under the monitoring initiative in order to receive the funds. These activities will improve state and tribal capacity to monitor and report on water quality, and include two components: implementation of comprehensive monitoring strategies, including building capacity for state-scale statistically-valid surveys of water condition, and collaboration on statistically-valid surveys of the nation's waters.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Office of the Special Trustee for American Indians, 25 CFR Part 1200 (3/28/06)

American Indian Trust Fund Management Reform Act; Technical Amendments, Tuesday, March 28, 2006, 71 FR 15338-02, (PDF) 2006 WL 770047

SUMMARY: The Office of the Special Trustee for American Indians (OST) is revising its regulations to update references to agency names, addresses, and position titles. This action is editorial in nature and is intended to improve the accuracy and clarity of the OST's regulations.

PROPOSED RULES DEPARTMENT OF AGRICULTURE, Forest Service, 36 CFR Part 228 and DEPARTMENT OF THE INTERIOR, Bureau of Land Management, 43 CFR Part 3160 (3/13/06)

Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Onshore Oil and Gas Order Number 1, Approval of Operations, Monday, March 13, 2006, 71 FR 12656-01, (PDF) 2006 WL 584045

SUMMARY: This further proposed rule amends the proposed rule published in the Federal Register on July 27, 2005 (70 FR 43349). The proposed rule would revise existing Onshore Oil and Gas Order Number 1 (see 48 FR 48916 as amended at 48 FR 56226 (1983)). The Order provides the requirements necessary for the approval of all proposed oil and gas exploratory, development, or service wells on all Federal and Indian (except Osage Tribe) onshore oil and gas leases, including leases where the surface is managed by the U.S. Forest Service (FS). It also covers approvals necessary for subsequent well operations, including abandonment.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (3/13/06)

Regulatory and Administrative Waivers Granted for Public and Indian Housing Programs To Assist With Recovery and Relief in Hurricane Wilma Disaster Areas, Monday, March 13, 2006, 71 FR 12988-01, (PDF) 2006 WL 584092

SUMMARY: This notice makes available to entities that administer HUD's Public and Indian Housing programs and are located in an area declared by the President to be a Federal disaster area as a result of Hurricane Wilma, the regulatory waivers and alternative administrative requirements that were made available to entities located in Hurricane Katrina and Hurricane Rita disaster areas, under the same processes described in the November 1, 2005, Federal Register notice.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 162 (3/10/06)

Leases and Permits, Friday, March 10, 2006, 71 FR 12280-01, (PDF) 2006 WL 565747

SUMMARY: CFR Correction

NOTICES DEPARTMENT OF EDUCATION, Open Meeting of the National Advisory Council on Indian Education (3/9/06)

Census Advisory Committee on the American Indian and Alaska Native Population, Thursday, March 9, 2006, 71 FR 12189-01, (PDF) 2006 WL 558601

SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming open 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.

NOTICES DEPARTMENT OF COMMERCE, Bureau of the Census (3/8/06)

Census Advisory Committee on the American Indian and Alaska Native Population, Wednesday, March 8, 2006, 71 FR 11576-01, (PDF) 2006 WL 542277

SUMMARY: The Bureau of the Census (Census Bureau) is giving notice that it has renewed the Census Advisory Committee on the American Indian and Alaska Native Population.

NOTICES DEPARTMENT OF THE INTERIOR, Minerals Management Service (3/3/06)

Notice and Agenda for Meeting of the Royalty Policy Committee, Friday, March 3, 2006, 71 FR 10991-01, (PDF) 2006 WL 501808

SUMMARY: Agenda items for the meeting of the Royalty Policy Committee (RPC) will include remarks from the Director, MMS, and the Associate Director, Minerals Revenue Management (MRM), as well as updates from the following subcommittees: Coal, Federal Oil and Gas Valuation, Oil and Gas Royalty Reporting, and Indian Oil Valuation. The RPC will also hear an update on the Royalty In Kind program.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (3/3/06)

Forum on State and Tribal Toxics Action; Notice of Public Meeting, Friday, March 3, 2006, 71 FR 10966-01, (PDF) 2006 WL 501760

SUMMARY: EPA is announcing the meeting of the Forum on State and Tribal Toxics Action (FOSTTA) to enable state and tribal leaders to collaborate with EPA on environmental protection and pollution prevention issues. Representatives and invited guests of the Chemical Information and Management Project (CIMP), the Pollution Prevention (P2) Project, and the Tribal Affairs Project (TAP), components of FOSTTA, will be meeting March 13-14, 2006. The meeting is being held to provide 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.

RULES AND REGULATIONS DEPARTMENT OF AGRICULTURE, Commodity Credit Corporation, 7 CFR Part 1439 (3/3/06)

Livestock Assistance Program; American Indian Livestock Feed Program; Correction, Friday, March 3, 2006, 71 FR 10831-01, (PDF) 2006 WL 501839

SUMMARY: This document corrects the final regulations published on March 31, 2005, and May 25, 2005, that provided the regulations for the 2003-2004 Livestock Assistance Program (LAP), and American Indian Livestock Feed Program (AILFP). This correction clarifies that all eligible cattle must be intended for food use.

February

NOTICES DEPARTMENT OF THE INTERIOR, Minerals Management Service (2/27/06)

Major Portion Prices and Due Date for Additional Royalty Payments on Indian Gas Production in Designated Areas Not Associated With an Index Zone, Monday, February 27, 2006, 71 FR 9833-01, (PDF) 2006 WL 451821

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 2004. The due date to pay is April 30, 2006, after which late interest will accrue.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (2/24/06)

Indian General Assistance Program 2006 Grants Administration Guidance, Friday, February 24, 2006, 71 FR 9547-01, (PDF) 2006 WL 428289

SUMMARY: EPA is issuing guidance, entitled "Indian General Assistance Program (GAP) 2006 Grant Administration Guidance." The guidance summarizes the issues and procedures required to ensure compliance with current grant policies and regulations. It addresses the following areas: GAP allocation; notification letters; work plan and reporting templates; environmental results; GAP national set-asides; solid waste implementation priorities; and GAP tracking electronic data entry. The "GAP 2006 Grants Administration Guidance" does not replace the "2000 Guidelines on the Award and Management of General Assistance Agreements for Indian Tribes."

NOTICES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission (2/15/06)

Fee Rates, Wednesday, February 15, 2006, 71 FR 7995-02, (PDF) 2006 WL 331985

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 0.053% (.00053) for tier 2 for calendar year 2006. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation under 25 CFR part 518, the preliminary fee rate on class II revenues for calendar year 2006 shall be one-half of the annual fee rate, which is 0.0265% (.000265).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (2/15/06)

Notice of Acceptance of Retrocession of Jurisdiction for the Santee Sioux Nation, NE, Wednesday, February 15, 2006, 71 FR 7994-01, (PDF) 2006 WL 331982

SUMMARY: Pursuant to the authority vested in the Secretary of the Interior by Executive Order No. 11435 of November 21, 1968 (33 FR 17339), and redelegated to the Associate Deputy Secretary, I hereby accept at 12:01 a.m. CST, February 15, 2006, retrocession to the United States of civil and criminal jurisdiction over the Santee Sioux Nation, which was acquired by the State of Nebraska, pursuant to Public Law 83-280, 67 Stat. 588, 18 U.S.C. 1162, 28 U.S.C. 1360.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (2/13/06)

Public Scoping Meeting on Congressionally Mandated Study of Energy Rights-of-Way on Tribal Lands, Monday, February 13, 2006, 71 FR 7568-02, (PDF) 2006 WL 316602

SUMMARY: Section 1813 of the Energy Policy Act of 2005 (Pub. L. 109-58) requires the Secretary of the Interior and Secretary of Energy to jointly conduct a study of issues regarding energy rights-of-way on tribal land and provide a report to Congress on the findings of the study. The report is due to Congress by August 7, 2006. The Department of the Interior and the Department of Energy are interested in receiving comments from the public about how to proceed with the implementation of section 1813.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (2/10/06)

Full Tribal Pesticide Program Council (TPPC) Public Meeting, Friday, February 10, 2006, 71 FR 7040-02, (PDF) 2006 WL 304394

SUMMARY: The Tribal Pesticide Program Council (TPPC) will hold a 2 and 1/2-day meeting, beginning on March 8 and ending on March 10, 2006. This notice announces the location and times for the meeting, and sets forth the tentative agenda topics. One Tribal Caucus scheduled each day.

NOTICES DEPARTMENT OF COMMERCE, Bureau of Census (2/9/06)

Request for Nominations of Members To Serve on the Census Advisory Committee on the American Indian and Alaska Native Populations, Thursday, February 9, 2006, 71 FR 6749-01, (PDF) 2006 WL 295234

SUMMARY: The Bureau of the Census (Census Bureau) is requesting 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 notice, as well as from other sources. The SUPPLEMENTARY INFORMATION section of this notice provides Committee and membership criteria.

January

NOTICES ENVIRONMENTAL PROTECTION AGENCY (1/17/06)

Guidelines for Awarding Clean Water Act Section 319 Base Grants to Indian Tribes in FY 2006; Request for Proposals From Indian Tribes for Competitive Grants Under Clean Water Act Section 319 in FY 2006 (CFDA 66.460--Nonpoint Source Implementation Grants; Funding Opportunity Number EPA-OW-OWOW-06-2), Tuesday, January 17, 2006, 71 FR 2531-02, (PDF) 2006 WL 87438

SUMMARY: This notice publishes EPA's national guidelines for the award of base grants and EPA's Request for Proposals (RFP) for the award of supplemental funding in the form of competitive grants under the Clean Water Act (CWA) section 319(h) nonpoint source (NPS) grants program to Indian Tribes in FY 2006. Section 319 of the CWA authorizes EPA to award grants to eligible Tribes for the purpose of assisting them in implementing approved NPS management programs developed pursuant to section 319(b). The primary goal of the NPS management program is to control NPS pollution through implementation of management measures and practices to reduce pollutant loadings resulting from each category or subcategory of NPSs identified in the Tribe's NPS assessment report developed pursuant to section 319(a). EPA intends to award a total of $7,000,000 to eligible Tribes which have approved NPS assessments and management programs and "treatment-as-a-state" (TAS) status as of October 14, 2005. EPA expects the allocation of funds will be similar to the amount distributed in FY 2005, which included approximately $2.8 million in base grants awarded to 84 Tribes and $4.2 million awarded to 31 Tribes through a competitive process. Section A includes EPA's national guidelines which govern the process for awarding base grants to all eligible Tribes, and section B is the national RFP for awarding the remaining funds on a competitive basis.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 243 (1/13/06)

Reindeer in Alaska, Friday, January 13, 2006, 71 FR 2426-01, (PDF) 2006 WL 63806

SUMMARY: The Department of the Interior, Bureau of Indian Affairs (BIA), is publishing these regulations on the Alaska Native reindeer industry to implement the provisions of the Reindeer Act of 1937, as amended.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (1/13/06)

Certificate of Degree of Indian or Alaska Native Blood Information Collection, Friday, January 13, 2006, 71 FR 2268-01, (PDF) 2006 WL 63913

SUMMARY: The Bureau of Indian Affairs is seeking comments from the public on an extension of an information collection from persons seeking proof of American Indian or Alaska Native blood, as required by the Paperwork Reduction Act. The information collected under OMB Control Number 1076-0153 will be used to establish that the applicants meet requirements for official recognition as an American Indian or Alaska native for purposes of eligibility determination and participation in programs administered through the U.S. Bureau of Indian Affairs.

PREPOSED RULES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 24 CFR Part 1000 (1/13/06)

Native American Housing Assistance and Self-Determination Negotiated Rulemaking Committee, Friday, January 13, 2006, 71 FR 2176-01, (PDF) 2006 WL 63842

SUMMARY: This notice announces a two-day session of the negotiated rulemaking committee that developed HUD's February 25, 2005, proposed rule for public comment to revise the Indian Housing Block Grant (IHBG) program allocation formula. Through the IHBG program, HUD makes assistance available to eligible Indian tribes for affordable housing activities. The public comment period on the proposed rule closed on April 26, 2005. The purpose of the two-day session is to provide the negotiated rulemaking committee members with the opportunity to review and consider responses to the public comments received on the February 25, 2005, proposed rule.

NOTICES DEPARTMENT OF EDUCATION (1/3/06)

Open Meeting of the National Advisory Council on Indian Education, Tuesday, January 3, 2006, 71 FR 97-02, (PDF) 2006 WL 8234

SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming open 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.

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