Home

Indian Law Bulletins  |  U.S. Regulatory Information  |  Archives 2007

A service of the National Indian Law Library of the Native American Rights Fund


Links to different months :

January  |  February  |  March  |  April  |  May  |  June  |  July  |  August  |  September  |  October  |  November  |  December  | 

A note about links used in this document

Text highlighted in blue are links to information available on the Internet free of charge. Text highlighted in green are links to information available on Westlaw, for the convenience of those who have a Westlaw account. Please contact the National Indian Law Library if you need help obtaining legal documents.

The National Indian Law Library and Native American Rights Fund are not affiliated with Westlaw. See www.westlaw.com for more information about the Westlaw legal databases.

December

NOTICES DEPARTMENT OF THE INTERIOR, Office of the Secretary (12/28/07)

Reaffirmation of Statement of Findings: Southern Arizona Water Rights Settlement Amendments Act of 2004, Friday, December 28, 2007, 72 FR 73876-01, (PDF), 2007 WL 4555083

SUMMARY: The Secretary of the Interior (Secretary) is publishing this notice in accordance with section 302(b) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (Settlement Amendments Act), Public Law 108-451, 118 Stat. 3536, 3571-72, and H.R. 3739 (Public Law Number forthcoming). Congress enacted the Settlement Amendments Act as Title III of the Arizona Water Settlements Act (AWSA), Public Law 108-451, 118 Stat. 3478 et seq. The publication of this notice causes the amendments to the Southern Arizona Water Rights Settlement Act of 1982 (1982 Act), Public Law 97-293, 96 Stat. 1274 (as amended), made by the Settlement Amendments Act to take effect.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, Minerals Management Service, 30 CFR Part 206 (12/17/07)

Indian Oil Valuation, Monday, December 17, 2007, 72 FR 71231-01, (PDF), 2007 WL 4368596

SUMMARY: The Minerals Management Service (MMS) is amending the existing regulations regarding valuation, for royalty purposes, of oil produced from Indian leases. These amendments will clarify and update the existing regulations.

NOTICES DEPARTMENT OF THE INTERIOR, Office of the Secretary (12/14/07)

Statement of Findings: Southern Arizona Water Rights Settlement Amendments Act of 2004, Friday, December 14, 2007, 72 FR 71145-01, (PDF), 2007 WL 4351205

SUMMARY: The Secretary of the Interior is publishing this notice in accordance with section 302(b) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (Settlement Amendments Act), Public Law 108-451, 118 Stat. 3536, 3571-72. Congress enacted the Settlement Amendments Act as Title III of the Arizona Water Settlements Act (AWSA), Public Law 108-451, 118 Stat. 3478 et seq. The publication of this notice causes the amendments to the Southern Arizona Water Rights Settlement Act of 1982 (1982 Act), Public Law 97-293, 96 Stat. 1274 (as amended), made by the Settlement Amendments Act to take effect.

NOTICES DEPARTMENT OF THE INTERIOR, Office of the Secretary (12/14/07)

Statement of Findings: Gila River Indian Community Water Rights Settlement Act of 2004, Friday, December 14, 2007, 72 FR 71143-03, (PDF), 2007 WL 4351204

SUMMARY: The Secretary of the Interior is publishing this notice in accordance with section 207(c) of the Gila River Indian Community Water Rights Settlement Act of 2004 (Settlement Act), Public Law 108-451, 118 Stat. 3499, 3519-20. Congress enacted the Settlement Act as Title II of the Arizona Water Settlements Act (AWSA), Public Law 108-451, 118 Stat. 3478 et seq. The publication of this notice causes the waivers and releases of certain claims to become effective as required by the Settlement Act.

NOTICES DEPARTMENT OF THE INTERIOR, National Park Service (12/12/07)

Native American Graves Protection and Repatriation Review Committee: Meeting, Wednesday, December 12, 2007, 72 FR 70607-03, (PDF), 2007 WL 4315702

SUMMARY: The Native American Graves Protection and Repatriation Review Committee will conduct a meeting via teleconference on Tuesday, January 8, 2008 to provide comments on the proposed rule regarding the disposition of culturally unidentifiable human remains [43 CFR 10.11].

RULES and REGULATIONS ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 49 (12/10/07)

Approval and Promulgation of Saint Regis Mohawk's Tribal Implementation Plan, Monday, December 10, 2007, 72 FR 69618-02, (PDF), 2007 WL 4296200

SUMMARY: The EPA is approving the St. Regis Mohawk Tribe (SRMT) Tribal Implementation Plan (TIP). The SRMT TIP contains programs to address ambient air quality standards, emissions inventory, permitting, synthetic minor facilities, source surveillance, open burning, enforcement, review of state permits, and regional haze planning. EPA's action makes the approvable portions of the SRMT TIP, as discussed in this action, federally enforceable. The approvable portions of the TIP are equivalent to current EPA regulations, procedures, or ambient air quality standards. The intended effect of the approved TIP is to protect air quality and population within the exterior boundaries of the SRMT Reservation.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (12/3/07)

Proposed Finding Against Acknowledgment of the Juaneno Band of Mission Indians (Petitioner #84B), Monday, December 3, 2007, 72 FR 67951-01, (PDF), 2007 WL 4223144

SUMMARY: Pursuant to 25 CFR 83.10(h), the Department of the Interior (Department) notice is hereby given that the Assistant Secretary, Indian Affairs (AS-IA) proposes to determine that the Juaneno Band of Mission Indians (Petitioner #84B, JBB), c/o Joe Ocampo, 1108 East Fourth Street, Santa Ana, California 92701, and c/o Bud Sepulveda, P.O. Box 25628, Santa Ana, California 92799, is not an Indian tribe within the meaning of Federal law. Due to the group's recent internal leadership conflict, this notice is addressed to both individuals who claim to be its leader. The Department has not addressed this dispute in this proposed finding (PF). These individuals hopefully will resolve this conflict by the time of the final determination (FD). This notice is based on a 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), 83.7(b), 83.7(c), and 83.7(e), and therefore, does not meet the requirements for a government-to-government relationship with the United States.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (12/3/07)

Proposed Finding Against Acknowledgment of the Juaneño Band of Mission Indians, Acjachemen (Petitioner #84A), Monday, December 3, 2007, 72 FR 67948-01, (PDF), 2007 WL 4223143

SUMMARY: Pursuant to 25 CFR 83.10(h), the Department of the Interior (Department) gives notice that the Assistant Secretary--Indian Affairs (AS-IA) proposes to determine that the Juaneño Band of Mission Indians, Acjachemen Nation (JBA, Petitioner #84A), c/o Anthony Rivera, Jr., 31411-A La Matanza Street, San Juan Capistrano, California 92675, is not an Indian tribe within the meaning of Federal law. This notice is based on a 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), 83.7(b), 83.7(c), and 83.7(e), and therefore, does not meet the requirements for a government-to-government relationship with the United States.

November

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 547 (11/28/07)

Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games, Wednesday, November 28, 2007, 72 FR 67251-02, (PDF), 2007 WL 4178213

SUMMARY: This notice extends the period for comments on the burden, estimates or any other aspects of the information collection requirements of the proposed Class II technical standards (72 FR 60508) published in the Federal Register on October 24, 2007.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 546 (11/28/07)

Class II Classification Standards, Wednesday, November 28, 2007, 72 FR 67251-01, (PDF), 2007 WL 4178212

SUMMARY: This notice extends the period for comments on the burden, estimates or any other aspects of the information collection requirements for the proposed Class II game classification standards (72 FR 60483) published in the Federal Register on October 24, 2007.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (11/20/07)

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State and Tribal Response Programs, Tuesday, November 20, 2007, 72 FR 65328-01, (PDF), 2007 WL 4103624

SUMMARY: The Environmental Protection Agency (EPA) will begin to accept requests, from December 1, 2007 through January 31, 2008, for grants to supplement State and Tribal Response Programs. This notice provides guidance on eligibility for funding, use of funding, grant mechanisms and process for awarding funding, the allocation system for distribution of funding, and terms and reporting under these grants. EPA has consulted with state and tribal officials in developing this guidance.
The primary goal of this funding is to ensure that state and tribal response programs include, or are taking reasonable steps to include, certain elements and a public record. Another goal is to provide funding for other activities that increase the number of response actions conducted or overseen by a state or tribal response program. This funding is not intended to supplant current state or tribal funding for their response programs. Instead, it is to supplement their funding to increase their response capacity.
For fiscal year 2008, EPA will consider funding requests up to a maximum of $1.5 million per state or tribe. Subject to the availability of funds, EPA regional personnel will be available to provide technical assistance to states and tribes as they apply for and carry out these grants.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Reclamation (11/8/07)

List of Programs Eligible for Inclusion in Fiscal Year 2008 Funding Agreements to be Negotiated with Self-Governance Tribes, Thursday, November 8, 2007, 72 FR 63184-01, (PDF), 2007 WL 3283559

SUMMARY: This notice lists programs or portions of programs that are eligible for inclusion in Fiscal Year 2008 funding agreements with self-governance tribes and lists programmatic targets pursuant to section 405(c)(4) of the Tribal Self-Governance Act.

October

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (10/30/07)

Certificate of Degree of Indian or Alaska Native Blood Information Collection, Comment Request, Tuesday, October 30, 2007, 72 FR 61366-01, (PDF), 2007 WL 3143620

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.

NOTICES SMALL BUSINESS ADMINISTRATION (10/25/07)

8(a) Business Development Program Regulation Changes; Tribal Consultation, Thursday, October 25, 2007, 72 FR 60702-01, (PDF), 2007 WL 3095278

SUMMARY: The U.S. Small Business Administration (SBA) announces that it is holding a tribal consultation meeting in Denver, Colorado on the topic of the 8(a) Business Development (BD) program regulations. Testimony presented at this tribal consultation meeting will become part of the administrative record for SBA's consideration when the Agency deliberates on approaches to changes in the regulations pertaining to the 8(a) BD program.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 547 (10/24/07)

Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games, Wednesday, October 24, 2007, 72 FR 60508-01, (PDF), 2007 WL 3082907

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 using "electronic, computer, or other technologic aids." The proposed rule would also establish a process for ensuring 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 the accountability of gaming revenue.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 542 and 543 (10/24/07)

Minimum Internal Control Standards for Class II Gaming, Wednesday, October 24, 2007, 72 FR 60495-01, (PDF), 2007 WL 3082905

SUMMARY: In response to the inherent risks and the need for effective controls in tribal gaming, the Commission, in January 1999, developed minimum internal control standards (MICS). Since their original implementation, it has become obvious that the MICS require technical adjustments and revisions so that they continue to be effective in protecting tribal assets, while still allowing tribes to utilize technological advances in the gaming industry. The current MICS are specific to the conduct of a wagering game without regards to whether the game is classified as a Class II or Class III game. This proposed rule is intended to supersede certain specified sections of the current MICS and replace them with a new part titled Minimum Internal Control Standards for Class II Gaming.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502 and 546 (10/24/07)

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", Wednesday, October 24, 2007, 72 FR 60483-01, (PDF), 2007 WL 3082903

SUMMARY: The proposed rule clarifies the terms Congress used to define Class II gaming. First, the proposed rule further revises the definitions for "electronic or electromechanical facsimile" and "other games similar to bingo." The Commission defined these terms in 1992, revised the definitions in 2002, and proposed further revisions to the term "electronic or electromechanical facsimile" separate from this proposed revision. The Commission adds a new Part to its regulations that explains the basis for determining whether a game of bingo or lotto, "other game similar to bingo," or a game of pull-tabs or "instant bingo," meets the IGRA statutory requirements for Class II gaming, when such games are played electronically, primarily through an "electronic, computer or other technologic aid," while distinguishing them from Class III "electronic or electromechanical facsimiles." This new part also establishes a process for assuring that such games are Class II before placement of the games in a Class II tribal gaming operation. This process contains information collection requirements. The Commission has submitted the information collection request to OMB for approval.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 502 (10/24/07)

Definition for Electronic or Electromechanical Facsimile, Wednesday, October 24, 2007, 72 FR 60482-01, (PDF), 2007 WL 3082900

SUMMARY: The proposed rule revises the definition of a term Congress used to define Class II gaming. Specifically, the proposed rule revises the definition for "electronic or electromechanical facsimile" that appears in the Commission's regulations. The Commission defined these terms in 1992 and revised the definitions in 2002. The proposed rule offers further revision.

NOTICES DEPARTMENT OF AGRICULTURE, Farm Service Agency (10/19/07)

Notice of Funds Availability (NOFA) to Invite Applications for the American Indian Credit Outreach Initiative, Friday, October 19, 2007, 72 FR 59242-01, (PDF), 2007 WL 3032397

SUMMARY: The Farm Service Agency (FSA) is requesting applications for competitive cooperative agreement funds for Fiscal Year (FY) 2008 for the credit outreach initiative targeted to American Indian farmers, ranchers, and youth residing primarily on Indian reservations within the contiguous United States. FSA anticipates the availability of $933,120 in funding. This request for applications is being made 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 permit continuity of this program. FSA requests proposals from eligible nonprofit 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.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502, 522, 559 and 573 (10/18/07)

Facility License Standards, Thursday, October 18, 2007, 72 FR 59044-01, (PDF), 2007 WL 3022198

SUMMARY: The proposed rules add new sections and a new part to the Commission's regulations in order to ensure that each place, facility or location where class II or class III gaming will occur is located on Indian lands eligible for gaming as required by the Indian Gaming Regulatory Act. The rules are also intended to ensure that gaming facilities are constructed, maintained and operated in a manner that adequately protects the environment and the public health and safety.

RULES and REGULATIONS DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 24 CFR Part 1000 (10/18/07)

Use of Indian Housing Block Grant Funds for Rental Assistance in Low-Income Housing Tax Credit Projects, Thursday, October 18, 2007, 72 FR 59003-01, (PDF), 2007 WL 3022181

SUMMARY: This final rule amends the Indian Housing Block Grant (IHBG) program regulations to specify the conditions under which IHBG funds may be used for project-based or tenant-based rental assistance. The final rule clarifies that such rental assistance may be provided in a manner consistent with assistance provided under section 8 of the United States Housing Act of 1937 on behalf of a tenant receiving assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). This final rule follows publication of a June 8, 2007, proposed rule, and adopts the proposed rule without change. HUD received one public comment on the June 8, 2007, proposed rule, expressing unqualified support for the proposed regulatory changes.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Office of the Secretary, 43 CFR Part 10 (10/16/07)

Native American Graves Protection and Repatriation Act Regulations--Disposition of Culturally Unidentifiable Human Remains, Tuesday, October 16, 2007, 72 FR 58582-01, (PDF), 2007 WL 2987436

SUMMARY: This proposed rule specifies procedures for the disposition of culturally unidentifiable human remains in the possession or control of museums or Federal agencies, thus implementing the Native American Graves Protection and Repatriation Act of 1990 (Act). Publication of this document is intended to solicit comments from Indian tribes, Native Hawaiian organizations, museums, Federal agencies, and members of the public before its publication as a final rule.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service, 50 CFR Part 20 (10/15/07)

Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2007-08 Early and Late Seasons, Monday, October 15, 2007, 72 FR 58452-01, (PDF), 2007 WL 2978448

SUMMARY: This rule prescribes special early and late 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.

September

RULES and REGULATIONS ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Parts 30 and 31 (9/28/07)

Award of United States-Mexico Border Program and Alaska Rural and Native Villages Program Grants Authorized by the Revised Continuing Appropriations Resolution, 2007, Friday, September 28, 2007, 72 FR 55058-01, (PDF), 2007 WL 2804403

SUMMARY: This notice provides guidelines on the Award of United States-Mexico Border Program and Alaska Rural and Native Villages Program Grants Authorized by the Revised Continuing Appropriations Resolution, 2007. This notice provides information and guidelines on how the EPA will award and administer the United States-Mexico Border Program and the Alaska Rural and Native Villages Program in accordance with the Revised Continuing Appropriations Resolution, 2007 (Pub. L. 110-5). The Revised Continuing Appropriations Resolution, 2007, provides budget authority for funding the United States-Mexico Border Program and the Alaska Rural and Native Villages Program. Each grant recipient will receive a copy of this notice from EPA.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (9/27/07)

Land Acquisitions; Shakopee Mdewakanton Sioux Community, Thursday, September 27, 2007, 72 FR 54923-01, (PDF), 2007 WL 2788680

SUMMARY: The Assistant Secretary--Indian Affairs, U.S. Department of the Interior has made a final determination to acquire real property "in trust" for the Shakopee Mdewakanton Sioux Community.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (9/26/07)

Model Tribal Probate Code, Guidance for Submission of Tribal Probate Codes Under 25 U.S.C. Section 2205, Wednesday, September 26, 2007, 72 FR 54674-01, (PDF), 2007 WL 2778141

SUMMARY: The Bureau of Indian Affairs (BIA) is announcing the availability of a Model Tribal Probate Code with comments entitled "Model Tribal Probate Code." BIA issues notices to inform tribes, Indians, and other interested persons about important policies, procedures, and related decisions, and these notices serve to provide guidance to tribes and BIA personnel. This notice provides guidance to tribes considering the creation and adoption of a Tribal Probate Code containing provisions applicable to trust and restricted property and includes a copy of the "Model Probate Code with Comments."

RULES and REGULATIONS DEPARTMENT OF AGRICULTURE, Farm Service Agency, 7 CFR Part 770 (9/12/07)

Indian Tribal Land Acquisition Program Loan Writedowns, Wednesday, September 12, 2007, 72 FR 51988-01, (PDF), 2007 WL 2607091

SUMMARY: This rule revises the Farm Service Agency (FSA) Indian Tribal Land Acquisition Program (ITLAP) regulations as required by the Native American Technical Corrections Act of 2006. The regulations pertaining to rental value write-down of ITLAP loans will not require a market value rent study where the land is actually rented. The actual rents received shall be used to determine the rental value of the property for write-down purposes.

PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 49 (9/6/07)

Approval and Promulgation of Air Quality Implementation Plans; Mohegan Tribe of Indians of Connecticut , Thursday, September 6, 2007, 72 FR 51204-01, (PDF), 2007 WL 2489621

SUMMARY: The EPA is proposing to approve a Tribal Implementation Plan submitted by the Mohegan Tribe of Indians of Connecticut. The TIP establishes an enforceable cap on nitrogen oxide emissions from stationary sources owned by the Mohegan Tribal Gaming Authority and located within the external boundaries of the Mohegan Reservation. This action is intended to help attain the National Ambient Air Quality Standards (NAAQS) for ground-level ozone. This action is being taken in accordance with the Clean Air Act.

August

PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 49 (8/14/07)

Approval and Promulgation of Saint Regis Mohawk's Tribal Implementation Plan, Tuesday, August 14, 2007, 72 FR 45397-01, (PDF), 2007 WL 2300655

SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve portions of the proposed St. Regis Mohawk Tribe's (SRMT or the Tribe) tribal implementation plan (TIP) to improve air quality within the exterior boundaries of the St. Regis Mohawk Reservation (the Reservation) that are in accordance with federal requirements. EPA previously approved the Tribe for treatment-in-the-same-manner-as-a-state (TAS) under the Clean Air Act (Act) for purposes of administering a TIP on March 5, 2003. The proposed TIP establishes Tribal ambient air quality standards; includes an emissions inventory; provides regulations for permitting, source surveillance, open burning and enforcement; and defines the Tribe's program for review of state permits and regional haze planning. This action will make federally enforceable the approvable portions of the SRMT's proposed TIP.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Park Service, 43 CFR Part 10 (8/13/07)

Consultation and Dialogue On Regulations Regarding The Disposition Of Unclaimed Native American Human Remains, Funerary Objects, Sacred Objects, Or Objects Of Cultural Patrimony Excavated Or Discovered On Federal Or Tribal Lands After November 16, 1990, Pursuant To Provisions Of The Native American Graves Protection And Repatriation Act (NAGPRA), Monday, August 13, 2007, 72 FR 45213-01, (PDF), 2007 WL 2289884

SUMMARY: This notice of consultation announces three consultation meetings and a facilitated dialogue session (recommended by the Review Committee) that will be held to obtain additional oral and written recommendations on regulations to be drafted regarding the disposition of unclaimed Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony that are excavated or discovered on Federal or tribal lands after November 16, 1990. Previous consultation meetings were held November, 2005, and April, 2007.

July

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/6/07)

Building Tribal Energy Development Capacity, Friday, July 6, 2007, 72 FR 37044-01, (PDF), 2007 WL 1944228

SUMMARY: The Energy Policy Act of 2005 authorizes the Secretary to provide development grants to Indian tribes and tribal energy resource development organizations for use in developing or obtaining the managerial and technical capacity needed to develop energy resources on Indian land, and to properly account for resulting energy production and revenues. In furtherance of this goal, the Department of the Interior's Office of Indian Energy and Economic Development is soliciting proposals from tribes and tribal energy resource development organizations. The Department will award several grants of up to $50,000 each for this program.

PROPOSED RULES DEPARTMENT OF THE TREASURY, Internal Revenue Service, 26 CFR Parts 1, 53, 54 and 301 (7/6/07)

Excise Taxes on Prohibited Tax Shelter Transactions and Related Disclosure Requirements; Disclosure Requirements With Respect to Prohibited Tax Shelter Transactions; Requirement of Return and Time for Filing, Friday, July 6, 2007, 72 FR 36927-01, (PDF), 2007 WL 1944306

SUMMARY: This document contains proposed regulations that provide guidance under section 4965 of the Internal Revenue Code (Code), relating to entity-level and manager-level excise taxes with respect to prohibited tax shelter transactions to which tax-exempt entities are parties; §§ 6033(a)(2) and 6011(g), relating to certain disclosure obligations with respect to such transactions; and §§ 6011 and 6071, relating to the requirement of a return and time for filing with respect to section 4965 taxes. In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing cross-referencing temporary regulations that provide guidance under § 6033(a)(2), relating to certain disclosure obligations with respect to prohibited tax shelter transactions; and §§ 6011 and 6071, relating to the requirement of a return and time for filing with respect to § 4965 taxes. This action is necessary to implement § 516 of the Tax Increase Prevention Reconciliation Act of 2005. These proposed regulations affect a broad array of tax-exempt entities, including charities, state and local government entities, Indian tribal governments and employee benefit plans, as well as entity

RULES and REGULATIONS DEPARTMENT OF THE TREASURY, Internal Revenue Service, 26 CFR Parts 53 and 54 (7/6/07)

Requirement of Return and Time for Filing, Friday, Friday, July 6, 2007, 72 FR 36871-01, (PDF), 2007 WL 1944286

SUMMARY: This document contains final and temporary regulations providing guidance relating to the requirement of a return to accompany payment of excise taxes under section 4965 of the Internal Revenue Code (Code) and the time for filing that return. These regulations affect a broad array of tax-exempt entities, including charities, state and local government entities, Indian tribal governments and employee benefit plans, as well as entity managers of these entities. This action is necessary to implement section 516 of the Tax Increase Prevention and Reconciliation Act of 2005. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the Federal Register.

RULES and REGULATIONS DEPARTMENT OF THE TREASURY, Internal Revenue Service, 26 CFR Parts 1 and 301 (7/6/07)

Disclosure Requirements With Respect to Prohibited Tax Shelter Transactions, July 6, 2007, 72 FR 36869-01, (PDF), 2007 WL 1944284

SUMMARY: This document contains temporary regulations under section 6033(a)(2) of the Internal Revenue Code (Code) that provide rules regarding the form, manner and timing of disclosure obligations with respect to prohibited tax shelter transactions to which tax-exempt entities are parties. These temporary regulations affect a broad array of tax-exempt entities, including charities, state and local government entities, Indian Tribal governments and employee benefit plans, as well as entity managers of these entities. This action is necessary to implement section 516 of the Tax Increase Prevention and Reconciliation Act of 2005. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the Federal Register.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/2/07)

Final Determination against Federal Acknowledgment of the St. Francis / Sokoki Band of Abenakis of Vermont, Monday, July 2, 2007, 72 FR 36022-01, (PDF), 2007 WL 1877731

SUMMARY: Pursuant to 25 CFR 83.10(l)(2), notice is hereby given that the Department of the Interior (Department) declines to acknowledge the group known as the St. Francis/Sokoki Band of Abenakis of Vermont (SSA), P.O. Box 276, Swanton, Vermont 05488, c/o Ms. April Merrill, as an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioner does not satisfy four of the seven mandatory criteria for acknowledgment, specifically 83.7(a), 83.7(b), 83.7(c), and 83.7(e), as defined in 25 CFR part 83. Consequently, the SSA petitioner does not meet the requirements for a government-to-government relationship with the United States.

June

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (6/28/07)

Advisory Board for Exceptional Children, Thursday, June 28, 2007, 72 FR 35508-01, (PDF), 2007 WL 1834116

SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education is announcing that the Advisory Board for Exceptional Children will hold its next meeting in Denver, CO. 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.

NOTICES ENVIRONMENTAL PROTECTION AGENCY (6/13/07)

Federal Plan for Certification of Restricted Use Pesticide Applicators in Navajo Indian Country; Notice of Implementation; and Announcement of Availability of Form to Request Pesticide Applicator Certification in Navajo Indian Country, Wednesday, June 13, 2007, 72 FR 32648-01, (PDF), 2007 WL 1686570

SUMMARY: In the Federal Register of February 3, 2006, EPA issued the notice of intent to implement a federal program to certify applicators of restricted use pesticides (RUPs) in Navajo Indian Country. The program will be implemented by EPA Region 9, located in San Francisco, CA. In the notice, EPA solicited comments from the public on EPA's intent to implement a federal certification plan in Navajo Indian Country and on its proposed Federal Plan for Certification of Restricted Use Pesticides in Navajo Indian Country (federal plan). No comments were received and EPA hereby implements the federal plan. Applicators who currently purchase and/or apply RUPs in Navajo Indian Country will have until October 11, 2007 to become certified by EPA. After that date, applicators of RUPs must hold the appropriate EPA certification to purchase and/or apply in Navajo Indian Country. Failure to hold the appropriate certification after October 11, 2007 may result in federal enforcement action in accordance with section 12(a)(2)(F) of FIFRA. This notice also serves to announce the form (EPA Form 8500-17-N) EPA will use for pesticide applicators seeking certification in Navajo Indian Country. Pesticide applicators seeking certification to use RUPs in Navajo Indian Country must complete this form and submit it to EPA Region 9 at the location listed under ADDRESSES.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, National Park Service, 36 CFR Part 51 (6/12/07)

Authentic Native Handicrafts, Tuesday, June 12, 2007, 72 FR 32188-01, (PDF), 2007 WL 1668748

SUMMARY: The National Parks Omnibus Management Act of 1998 encourages the sale of authentic United States Indian, Alaska Native, Native Samoan and Native Hawaiian handicrafts relating to the cultural, historical, and geographic characteristics of units of the national park system. This final rule implements the requirements of the act.

PROPOSED RULES DEPARTMENT OF TRANSPORTATION, Federal Highway Administration, 23 CFR Part 661 (6/5/07)

Indian Reservation Road Bridge Program, Tuesday, June 5, 2007, 72 FR 31013-01, (PDF), 2007 WL 1592036

SUMMARY: Section 1119 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144) makes changes to the Indian Reservation Road Bridge Program (IRRBP). It amends the existing IRRBP by establishing new policies and provisions. In addition, it authorizes $14 million of IRRBP funds per year for the replacement or rehabilitation of structurally deficient or functionally obsolete Indian Reservation Road (IRR) bridges. In accordance with these changes, the FHWA, with input and recommendations from the Bureau of Indian Affairs (BIA) and the Indian Reservation Roads Coordinating Committee (IRRCC), is proposing funding distribution procedures for BIA owned and non-BIA owned IRR bridge projects. The proposed changes allow funding for preliminary engineering (PE), construction engineering (CE), and construction for the replacement or rehabilitation of structurally deficient or functionally obsolete IRR bridges.

RULES and REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service, 42 CFR Part 136, Center for Medicare & Medicaid Services, 42 CFR Part 489 (6/4/07)

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 Individuals Eligible for Care Purchased by Indian Health Programs, Monday, June 4, 2007, 72 FR 30706-01, (PDF), 2007 WL 1579290

SUMMARY: The Secretary of the Department of Health and Human Services (HHS) hereby issues this final rule establishing 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 (CHS) of the Indian Health Service (IHS) operated by the IHS, Tribes, and Tribal organizations, and to participate in programs operated by urban Indian organizations that are funded by IHS (collectively referred to as I/T/Us) for any medical care purchased by those programs. Section 506 also requires such participation to be in accordance with the admission practices, payment methodology, and payment rates set forth in regulations established by the Secretary, including acceptance of no more than such payment rates as payment in full.

NOTICES DEPARTMENT OF EDUCATION (6/1/07)

President's Board of Advisors on Tribal Colleges and Universities, Friday, June 1, 2007, 72 FR 30567-01, (PDF), 2007 WL 1571775

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

May

NOTICES DEPARTMENT OF COMMERCE, Bureau of the Census (5/23/07)

American Indian and Alaska Native Policy Statement, Wednesday, May 23, 2007, 72 FR 28952-01, (PDF), 2007 WL 1480800

SUMMARY: In preparation for the 2010 Census, the Bureau of the Census (Census Bureau) has drafted an American Indian and Alaska Native (AIAN) policy statement and is requesting public comment on it. This proposed policy outlines the principles to be followed in all Census Bureau interactions with federally-recognized American Indian and Alaska Native tribal governments. The policy reaffirms the unique government-to-government relationship that exists between American Indian and Alaska Native tribal governments and the Census Bureau and is consistent with the AIAN policy statement adopted by the Department of Commerce (DOC) on March 30, 1995. The Census Bureau believes that the adoption of the proposed AIAN policy would satisfy a long-standing request from AIAN populations and would encourage and facilitate greater cooperation from these populations during decennial censuses and help us to better communicate with and enumerate these difficult-to-count populations.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (5/8/07)

Request for Nominations of Members To Serve on the Bureau of Indian Education, Advisory Board for Exceptional Education, Tuesday, May 8, 2007, 72 FR 26145-01, (PDF), 2007 WL 1316993

SUMMARY: Pursuant to the Federal Advisory Committee Act and the Individuals with Disabilities Education Improvement Act (IDEIA), the Bureau of Indian Education requests nominations of individuals to serve on the Advisory Board for Exceptional Education (Advisory Board). The Bureau of Indian Education (BIE) will consider nominations received in response to this Request for Nominations, as well as other sources. The SUPPLEMENTARY INFORMATION section for this notice provides committee and membership criteria.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (5/4/07)

Proclaiming Certain Lands as Reservation for the Jena Band of Choctaw Indians of Louisiana; Correction, Friday, May 4, 2007, 72 FR 25329-01, (PDF), 2007 WL 1294298

SUMMARY: The Bureau of Indian Affairs published in the Federal Register of April 2, 2007, a notice informing the public that the Principal Deputy Assistant Secretary--Indian Affairs proclaimed approximately 63.52 acres, more or less, as the Jena Band of Choctaw Reservation for the Jena Band of Choctaw Indians of Louisiana (Jena Band). The land description as published contained an error. This action corrects that error.

April

PROPOSED RULES DEPARTMENT OF INTERIOR, Office of Surface Mining Reclamation and Enforcement, 30 CFR Parts 700, 740, 746 and 750 (4/25/07)

Indian and Federal Lands, Wednesday, April 25, 2007, 72 FR 20672-01, (PDF), 2007 WL 1198815

SUMMARY: We, OSM, have decided not to adopt a proposed rule that would have revised the definition of "Indian lands" for purposes of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed rule also would have revised both the Federal lands program and the Indian lands program.
If adopted as proposed, the definition of Indian Lands would have included allotted lands located within an approved tribal land consolidation area but outside the boundaries of a reservation. Such allotments would then have been subject to OSM's regulatory authority under the Indian Lands Program. The only lands approved for coal mining that would have been brought within the scope of our jurisdiction if the proposed rule were adopted are 48 Navajo allotments overlying leased Federal coal within the existing McKinley Mine permit area in New Mexico. These allotments are currently regulated by the State.
We conclude that the record before us neither adequately supports nor clearly precludes a finding of supervision in fact or in law. Therefore, we conclude that off-reservation Navajo allotted lands may be supervised by the Navajo Nation and thus may be Indian lands; but that any determination as to supervision of specific off-reservation Navajo allotted lands is more properly made on a case-by-case basis.
In this notice of final action, we are setting out our analysis of the applicable law and the record before us. We are publishing this analysis for two reasons. First, we intend this analysis to inform the Navajo Nation and the Hopi Tribe and the public of the reasons for our decision not to adopt the proposed rule. Second, we intend this analysis to advise the public of how we anticipate addressing any pending or future actions concerning supervision of allotted lands.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (4/20/07)

Rate Adjustments for Indian Irrigation Projects, Friday, April 20, 2007, 72 FR 19950-01, (PDF), 2007 WL 1157439

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.

NOTICES DEPARTMENT OF EDUCATION (4/20/07)

National Advisory Council on Indian Education, Friday, April 20, 2007, 72 FR 19890-01, (PDF), 2007 WL 1157380

SUMMARY: On April 12, 2007, the Secretary published in the Federal Register Vol. 72, No. 70, a notice of an open meeting for the National Advisory Council on Indian Education. This notice amends the April 12, 2007, notice by changing the location of the meeting.

NOTICES DEPARTMENT OF INTERIOR, National Park Service (4/16/07)

List of Programs Eligible for Inclusion in Fiscal Year 2007 Funding Agreements To Be Negotiated With Self-Governance Tribes, Monday, April 16, 2007, 72 FR 19020-01, (PDF), 2007 WL 1107349

SUMMARY: This notice lists programs or portions of programs that are eligible for inclusion in Fiscal Year 2007 funding agreements with self-governance tribes and lists programmatic targets pursuant to section 405(c)(4) of the Tribal Self-Governance Act.

NOTICES DEPARTMENT OF EDUCATION (4/12/07)

National Advisory Council on Indian Education, Thursday, April 12, 2007, 72 FR 18466-01, (PDF), 2007 WL 1073215

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 INTERIOR, National Park Service, 43 CFR Part 10 (4/11/07)

Consultation On Regulations Regarding The Disposition Of Unclaimed Native American Human Remains, Funerary Objects, Sacred Objects, Or Objects Of Cultural Patrimony Excavated Or Discovered On Federal Or Tribal Lands After November 16, 1990, Pursuant To Provisions Of The Native American Graves Protection And Repatriation Act (NAGPRA), Wednesday, April 11, 2007, 72 FR 18192-01, (PDF), 2007 WL 1058708

SUMMARY: This notice of consultation announces three consultation meetings that will be held to obtain oral and written recommendations on regulations to be drafted regarding the disposition of unclaimed Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony that are excavated or discovered on Federal or tribal lands after November 16, 1990.

NOTICES DEPARTMENT OF LABOR, Employment and Training Administration (4/3/07)

Workforce Investment Act; Native American Employment and Training Council, Tuesday, April 3, 2007, 72 FR 15911-01, (PDF), 2007 WL 965823

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 (NAETC), as constituted under WIA.
Time and Date: The meeting will begin at 10:30 a.m. Eastern Daylight Savings Time (DST) on Wednesday, April 18, 2007, and continue until 5 p.m. that day. The meeting will reconvene at 10:30 a.m. (DST) on Thursday, April 19, 2007, and adjourn at approximately 4:30 p.m. on that day. The period from 2:30 p.m. to 4:30 p.m. on April 19, 2007, will be reserved for participation and presentations by members of the public.
Place: All sessions will be held at the Hyatt Regency Newport, Vanderbilt Room, 1 Goat Island, Newport, Rhode Island 02840.
Status: The meeting will be open to the public. Persons who need special accommodations should contact the Designated Federal Official (DFO), Mr. Craig Lewis, at (202) 693-3384 by April 12, 2007.
Matters To Be Considered: The formal agenda will focus on the following topics: (1) The Employment and Training Administration's Workforce Innovation in Regional Economic Development initiative and other relevant issues; (2) Indian and Native American Program Update; (3) Workgroup Structures and Activities; (4) Fiscal Year 08 Funding; and (5) Council Recommendations.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (4/3/07)

Advisory Board for Exceptional Children, Tuesday, April 3, 2007, 72 FR 15903-01, (PDF), 2007 WL 965812

SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education is announcing that the Advisory Board for Exceptional Children will hold its next meeting in Miami, FL. 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.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (4/3/07)

Public Notice of Lands Previously Conveyed Into Trust and Proclaimed as Reservation For Mississippi Band of Choctaw Indians by Act of Congress, Tuesday, April 3, 2007, 72 FR 15899-01, (PDF), 2007 WL 965810

SUMMARY: The Bureau of Indian Affairs is giving public notice of the act of Congress which has conveyed certain fee properties into trust and proclaimed reservation status for the Mississippi Band of Choctaw Indians.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (4/2/07)

Proclaiming Certain Lands as Reservation for the Jena Band of Choctaw Indians of Louisiana, Monday, April 2, 2007, 72 FR 15711-01, (PDF), 2007 WL 953761

SUMMARY: This notice informs the public that the Principal Deputy Assistant Secretary--Indian Affairs proclaimed approximately 63.52 acres, more or less, as the Jena Band of Choctaw Reservation for the Jena Band of Choctaw Indians of Louisiana (Jena Band).

March

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families (3/28/07)

Public Comment on the Proposed Adoption of ANA Program Policies and Procedures; Correction, Wednesday, March 28, 2007, 72 FR 14578-01, (PDF), 2007 WL 905255

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.
On July 18, 2005, ANA published a Notice of Public Comment (NOPC) in the Federal Register (Vol. 70, No. 136) announcing an administrative policy change on the number of awards an eligible applicant could receive under the SEDS program, Catalog of Federal Domestic Assistance number 93.612. This change only affected the Healthy Marriage program. On November 21, 2006, ANA published the annual NOPC in the Federal Register (Vol. 71, No. 224), which did not include a necessary correction to the revised administrative policy published On July 18, 2005, ANA published a Notice of Public Comment (NOPC) in the Federal Register (Vol. 70, No. 136) announcing an administrative policy change on the number of awards an eligible applicant could receive under the SEDS program, Catalog of Federal Domestic Assistance number 93.612. This change only affected the Healthy Marriage program. On November 21, 2006, ANA published the annual NOPC in the Federal Register (Vol. 71, No. 224), which did not include a necessary correction to the revised administrative policy published on July 18, 2005. On December 22, 2006, ANA published a third Federal Register notice (Vol. 71, No. 246) to clarify the revised administrative policy published on July 18, 2005, on the number of awards an eligible applicant could receive under the SEDS program, Catalog of Federal Domestic Assistance number 93.612. ANA received three responses to the December 22, 2006, NOPC clarification. After review and consideration of the comments received, ANA determined that the administrative policy originally published on July 18, 2005, required clarification and revision. This Notice clarifies the agency's intent and provides a definitive statement on the number of awards an eligible applicant can receive under the Catalog of Federal Domestic Assistance number 93.612.

NOTICES DEPARTMENT OF INTERIOR, Fish and Wildlife Service (3/23/07)

List of Programs Eligible for Inclusion in Fiscal Year 2007 Funding Agreements With Self-Governance Tribes, Friday, March 23, 2007, 72 FR 13820-01, (PDF), 2007 WL 858156

SUMMARY: We, the Fish and Wildlife Service (Service), publish this notice to list programs or portions of our programs that are eligible for inclusion in Fiscal Year 2007 funding agreements with self-governance tribes, and to list programmatic targets pursuant to section 405(c)(4) of the Tribal Self-Governance Act.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs (3/22/07)

Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs, Thursday, March 22, 2007, 72 FR 13648-01, (PDF), 2007 WL 844456

SUMMARY: This notice publishes the current list of 561 tribal entities recognized and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian tribes. The list is updated from the notice published on November 25, 2005 (70 FR 71194).

RULES and REGULATIONS DEPARTMENT OF INTERIOR, Office of the Secretary, 43 CFR Part 10 (3/21/07)

Native American Graves Protection and Repatriation Act Regulations--Future Applicability, Wednesday, March 21, 2007, 72 FR 13184-01, (PDF), 2007 WL 835167

SUMMARY: This final rule relates to one section of the 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.

NOTICES DEPARTMENT OF INTERIOR, U.S. Geological Survey (3/15/07)

List of Programs Eligible for Inclusion in Fiscal Year 2007 Funding Agreements To Be Negotiated with Self-Governance Tribes, Thursday, March 15, 2007, 72 FR 12184-01, (PDF), 2007 WL 760271

SUMMARY: This notice lists programs or portions of programs that are eligible for inclusion in fiscal year 2007 funding agreements with self-governance tribes and lists programmatic targets pursuant to section 405(c)(4) of the Tribal Self-Governance Act.

NOTICES DEPARTMENT OF COMMERCE (3/12/07)

National Oceanic and Atmospheric Administration Endangered and Threatened Species; Take of Anadromous Fish, Monday, March 12, 2007, 72 FR 10984-01, (PDF), 2007 WL 711880

SUMMARY: Notice is hereby given that the Northwest Indian Fisheries Commission (NWIFC) has submitted a Tribal Resource Management Plan (Tribal Plan) for NMFS to evaluate. It was presented by the Bureau of Indian Affairs (BIA) on behalf of the Northwest Indian Tribes; the submission fulfills the Tribes' obligations under the protective regulations promulgated for Puget Sound Chinook salmon and Hood Canal summer-run chum salmon under the Endangered Species Act (ESA). The Tribal Plan describes research and assessment activities that may affect listed Puget Sound Chinook salmon and Hood Canal summer-run chum salmon in Washington State. NMFS has completed a proposed evaluation of how well the Tribal Plan fulfills ESA criteria, and the Secretary of Commerce (Secretary) is making that proposed evaluation available for public comment.

RULES and REGULATIONS DEPARTMENT OF AGRICULTURE, Forest Service, 36 CFR Part 228, DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 43 CFR Part 3160 (3/7/07)

Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Onshore Oil and Gas Order Number 1, Approval of Operations, Wednesday, March 7, 2007, 72 FR 10308-01, (PDF), 2007 WL 670150

SUMMARY: This final rule revises existing Onshore Oil and Gas Order Number 1 which was published in the October 21, 1983, edition of the Federal Register. 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 (other than those of the Osage Tribe) onshore oil and gas leases, including leases where the surface is managed by the U.S. Forest Service (FS). It also covers most approvals necessary for subsequent well operations, including abandonment. The revision is necessary due to provisions of the 1987 Federal Onshore Oil and Gas Leasing Reform Act (Reform Act), the Energy Policy Act of 2005 (Act), legal opinions, court cases since the Order was issued, and other policy and procedural changes. The revised Order addresses the submittal of a complete Application for Permit to Drill or Reenter package (APD), including a Drilling Plan, Surface Use Plan of Operations, evidence of bond coverage and Operator Certification. The final rule ensures that the processing of APDs is consistent with the Act and clarifies the regulations and procedures that are to be used when operating in split estates, including those lands within Indian country. The final rule addresses using Master Development Plans (which address two or more APDs) to approve multiple well development proposals and encourages the voluntary use of Best Management Practices as a part of APD processing. Finally, the rule requires additional bonding on certain off-lease facilities and clarifies the BLM's authority to require this additional bond.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 61 (3/5/07)

Preparation of Rolls of Indians, Monday, March 5, 2007, 72 FR 9836-01, (PDF), 2007 WL 631260

SUMMARY: The Bureau of Indian Affairs is amending its regulations governing the compilation of rolls of Indians in order to open the enrollment application process for the Western Shoshone Identifiable Group of Indians. The enrollment application process will give individuals an opportunity to file applications to share in the Western Shoshone judgment fund distribution authorized under the Western Shoshone Claims Distribution Act of July 7, 2004.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (3/5/07)

Land Acquisitions; Cherokee Nation of Oklahoma, Monday, March 5, 2007, 72 FR 9773-01, (PDF), 2007 WL 631197

SUMMARY: The Associate Deputy Secretary made a final agency determination to acquire approximately 3.519 acres of land into trust for the Cherokee Nation of Oklahoma on February 9, 2007. 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.

NOTICES NATIONAL INDIAN GAMING COMMISSION (3/2/07)

Fee Rate, Friday, March 2, 2007, 72 FR 9593-01, (PDF), 2007 WL 618849

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 0.059% (.00059) for tier 2 for calendar year 2007. 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 2007 shall be one-half of the annual fee rate, which is 0.0295% (.000295).

February

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (2/28/07)

Documented Petitions for Federal Acknowledgment as an Indian Tribe, Submission to OMB for Renewal, Wednesday, February 28, 2007, 72 FR 9024-01, (PDF), 2007 WL 594835

SUMMARY: This notice announces that the Information Collection Request for Documented Petitions for Federal Acknowledgment as an Indian Tribe is submitted to Office of Information and Regulatory Affairs, Office of Management and Budget for extension.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (2/27/07)

Privacy Act of 1974, as Amended; Amendment of an Existing System of Records, Tuesday, February 27, 2007, 72 FR 8772-01, (PDF), 2007 WL 579920

SUMMARY: Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Bureau of Indian Affairs (BIA) is issuing public notice of our intent to change an existing Privacy Act system of records notices entitled Interior BIA-04 "Indian Land Records," published at 48 FR 41098 (September 13, 1983). BIA proposes to: (1) Update the information on the location of the records and the technology used to store and retrieve records; (2) identify new information that will be included in the system of records; (3) clearly state the current routine uses of the records by organizations and individuals outside of the Department of the Interior (DOI); and (4) expand the routine uses of such information to include the disclosure of names and mailing addresses of owners of trust and restricted lands, among other information, to certain statutorily defined categories of persons.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (2/27/07)

Privacy Act of 1974, as Amended; Amendment of an Existing System of Records, Tuesday, February 27, 2007, 72 FR 8769-01, (PDF), 2007 WL 579919

SUMMARY: Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Bureau of Indian Affairs (BIA) is issuing public notice of our intent to change an existing Privacy Act system of records notice entitled Interior BIA-25 "Integrated Records Management System (IRMS)," published at 45 FR 45381 (July 3, 1980). BIA proposes to: (1) Update the information on the location of the records; (2) identify new information that will be included in the system of records; (3) clearly state the current routine uses of the records by organizations and individuals outside of the Department of the Interior (DOI); and (4) expand the routine uses of such information to include disclosures to Federal, state, or local agencies regarding the reporting of an investigation of an employee. BIA is accomplishing these changes in part by updating its system of records through conversion to the new application, Trust Asset and Accounting Management System (TAAMS), which has replaced the Land Records Information System (LRIS) and will replace the Integrated Records Management System (IRMS).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (2/27/07)

Privacy Act of 1974, as Amended; Establishment of a New System of Records, Tuesday, February 27, 2007, 72 FR 8767-01, (PDF), 2007 WL 579918

SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs (BIA) is issuing public notice of its intent to add a new Privacy Act system of records to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of records systems maintained by the agency (5 U.S.C. 552a(e)(4)). The new Privacy Act system of records is entitled "Interior BIA-27: BIA Probate Files."

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (2/22/07)

Final Determination for Federal Acknowledgment of the Mashpee Wampanoag Indian Tribal Council, Inc. of Massachusetts, Thursday, February 22, 2007, 72 FR 8007-01, (PDF), 2007 WL 526682

SUMMARY: Pursuant to 25 CFR 83.10(l)(2), notice is hereby given that the Department of the Interior (Department) has determined that the Mashpee Wampanoag Indian Tribal Council, Inc., P.O. Box 1048, Mashpee, Massachusetts, 02649, 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 set forth in 25 CFR 83.7, and thus meets the requirements for a government-to-government relationship with the United States.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 547 (2/15/07)

Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games; Withdrawal, Thursday, February 15, 2007, 72 FR 7360-01, (PDF), 2007 WL 470173

SUMMARY: This is to notify the public that the National Indian Gaming Commission is withdrawing the proposed rule published in the Federal Register on August 11, 2006 (71 FR 46335).

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502 and 546 (2/15/07)

Class II Definitions and Game Classification Standards; Withdrawal, Thursday, February 15, 2007, 72 FR 7359-01, (PDF), 2007 WL 470172

SUMMARY: The purpose of this document is to notify the public that the National Indian Gaming Commission is withdrawing the proposed regulations published in the Federal Register on May 25, 2006 (71 FR 30232, 71 FR 30238).

January

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Parts 15, 18, 150, 152 and 179 (1/25/07)

Office of the Secretary, 43 CFR Parts 4 and 30, Indian Trust Management Reform, Thursday, January 25, 2007, 72 FR 3377-01, (PDF), 2007 WL 174661

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 45174). The rule proposes to 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. The proposed rule also includes an "Application for Consolidation by Sale" form that is associated with one of these amendments. On November 1, 2006, the BIA and the Office of the Secretary reopened the comment period for an additional 60 days to January 2, 2007 (see 71 FR 64181). This notice reopens the comment period an additional 45 days to March 12, 2007. The BIA and Office of Secretary again are extending the comment period by 45 days to ensure that all interested parties, including tribes and individual Indians, have the opportunity to review the proposed rule and prepare their comments.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (1/19/07)

Advisory Board for Exceptional Children, Friday, January 19, 2007, 72 FR 2550-01, (PDF), 2007 WL 119241

SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education is announcing that the Advisory Board for Exceptional Children will hold its next meeting in Washington, DC. 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.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (1/19/07)

Notice of Availability of Draft Environmental Impact Statement for the Proposed Transfer From Fee-to-Trust Land of Oneida Indian Nation of New York Land in Oneida and Madison Counties, New York; Additional Public Hearing and Extension of Comment Period, Friday, January 19, 2007, 72 FR 2544-01, (PDF), 2007 WL 119239

SUMMARY: This notice advises the public that the Bureau of Indian Affairs (BIA) will be holding an additional public hearing to receive comments on its Draft Environmental Impact Statement (DEIS) for the proposed fee-to-trust transfer of Oneida Indian Nation of New York land in Oneida and Madison Counties, New York. This notice also reminds the public that the public comment period for the DEIS has been extended to February 22, 2007, as announced in the Federal Register on January 5, 2007, by the Environmental Protection Agency (EPA), and in local media by the BIA. The EPA's original notice of availability for the DEIS and the BIA's supplement to the EPA notice, both of which were published in the Federal Register on November 24, 2006, announced a closing date for comments of January 8, 2007.

NOTICES DEPARTMENT OF THE INTERIOR, Minerals Management Service (1/18/07)

Major Portion Prices and Due Date for Additional Royalty Payments on Indian Gas Production in Designated Areas Not Associated With an Index Zone, Thursday, January 18, 2007, 72 FR 2307-01, (PDF), 2007 WL 106936

SUMMARY: Final regulations for valuing gas produced from Indian leases, published on August 10, 1999, require MMS to determine major portion prices and notify industry by publishing the prices 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 prices. This notice provides the major portion prices for the 12 months of 2005. The due date to pay additional royalties based on the major portion prices is 60 days after the publication date of this notice.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 292 (1/17/07)

Gaming on Trust Lands Acquired After October 17, 1988, Wednesday, January 17, 2007, 72 FR 1954-01, (PDF), 2007 WL 98250

SUMMARY: This document reopens the comment period for the proposed rule published on December 4, 2006 (71 FR 70335), which establishes procedures that an Indian tribe must follow in seeking to conduct gaming on lands acquired after October 17, 1988.

Home  |   Search  |   Disclaimer  |   Privacy Statement  |   Site Map