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December

NOTICES DEPARTMENT OF THE INTERIOR, National Park Service,
(12/29//08)

Native American Graves Protection and Repatriation Review Committee: Nomination Solicitation, Monday, December 29, 2008, 73 FR 79507-01, (PDF), 2008 WL 5381155

SUMMARY: The National Park Service is soliciting nominations for one member of the Native American Graves Protection and Repatriation Review Committee. The Secretary of the Interior will appoint the member from nominations submitted by Indian tribes, Native Hawaiian organizations, and traditional Native American religious leaders. The nominee does not need to be a traditional religious leader. Nominations must include the following information. 1. Nominations by traditional religious leaders: Nominations must be submitted with the nominator's original signature and daytime telephone number. The nominator must explain how he or she meets the definition of traditional religious leader. 2.Nominations by Indian tribes or Native Hawaiian organizations: Nominations must be submitted on official tribal or organization letterhead with the nominator's original signature and daytime telephone number. The nominator must be the official authorized by the tribe or organization to submit nominations in response to this solicitation. The nomination must include a statement that the nominator is so authorized. 3. A nomination must include the following information: a. the nominee's name, postal address, daytime telephone number, and e-mail address; and b. nominee's resume or brief biography emphasizing the nominee's NAGPRA experience and ability to work effectively as a member of an advisory board.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families,
(12/23//08)

Notice of Issuance of Final Policy Directive, Tuesday, December 23, 2008, 73 FR 78803-02, (PDF), 2008 WL 5329194

SUMMARY: The Administration for Native Americans (ANA) herein issues final interpretive rules, general statements of policy and rules of agency organization, procedure or practice relating to the Social and Economic Development Strategies (hereinafter referred to as SEDS), Social and Economic Development Strategies for Alaska (hereinafter referred to as SEDS-AK), Native Language Preservation and Maintenance Assessment (hereinafter referred to as Native Language Assessment), Native Language Preservation and Maintenance Planning (hereinafter referred to as Native Language Planning), Native Language Preservation and Maintenance Implementation (hereinafter referred to as Native Language Implementation), Native Language Preservation and Maintenance Immersion (hereinafter referred to as Native Language Immersion), Family Preservation--Improving the Well-Being of Children Project Planning (hereinafter referred to as Family Preservation Planning), Family Preservation--Improving the Well-Being of Children Project Implementation (hereinafter referred to as Family Preservation Implementation) and Environmental Regulatory Enhancement (hereinafter referred to as ERE).

NOTICES DEPARTMENT OF EDUCATION, Office of Elementary and Secondary Education,
(12/23//08)

Indian Education Formula Grants to Local Educational Agencies, Tuesday, December 23, 2008, 73 FR 78755-01, (PDF), 2008 WL 5329149

SUMMARY: Catalog of Federal Domestic Assistance (CFDA) Number: 84.060A. Dates: Part I of the Formula Grant Electronic Application System for Indian Education (EASIE) Applications Available: December 23, 2008. Deadline for Transmittal of Part I Applications: January 30, 2009 Part II of the Formula Grant (EASIE) Applications Available: March 16, 2009. Deadline for Transmittal of Part II Applications: April 22, 2009. Applications not meeting the deadline for Part I applications will not be considered for funding in the initial allocation of awards. Part II applications or data submissions will be accepted only from those eligible applicants that meet the Part I application deadline.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502, 514, 531, 533, 535, 537, 539, 556, 558, 571, 573
(12/22//08)

Amendments to Various National Indian Gaming Commission Regulations, Monday, December 22, 2008 , 73 FR 78755-01, (PDF), 2008 WL 5329149

SUMMARY: The proposed rule modifies various Commission regulations to reduce reporting burdens on tribes, update costs for background investigations, clarify definitions and regulatory intent, and update audit requirements to consolidate and reflect industry standards.

NOTICES DEPARTMENT OF TRANSPORTATION, Federal Transit Administration,
(12/19//08)

Public Transportation on Indian Reservations Program; Tribal Transit Program, Friday, December 19, 2008, 73 FR 77871-02, (PDF), 2008 WL 5262634

SUMMARY: The Federal Transit Administration (FTA) announces the selection of projects to be funded under Fiscal Year (FY) 2008 appropriations for the Public Transportation on Indian Reservations Program; Tribal Transit Program (TTP), a program authorized by the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).

NOTICES DEPARTMENT OF THE INTERIOR, Minerals Management Service,
(12/19//08)

Notice of Establishment of the Indian Oil Valuation Negotiated Rulemaking Committee, Friday, December 19, 2008, 73 FR 77836-01, (PDF), 2008 WL 5262602

SUMMARY: As required by section 9 (a) (2) of the Federal Advisory Committee Act
(FACA) (5 U.S.C. Appendix 2), the Department of the Interior (Department) is giving notice of the establishment of the Indian Oil Valuation Negotiated Rulemaking Committee (Committee) to develop specific recommendations regarding Indian oil valuation. The Department has determined that the establishment of this Committee is in the public interest and will assist the Minerals Management Service (MMS) in performing its duties under the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) (30 U.S.C. 1701 et seq.). Copies of the Committee's charter will be filed with the appropriate committees of Congress and the Library of Congress in accordance with section 9 (c) of FACA.

NOTICES DEPARTMENT OF THE INTERIOR, Office of the Secretary,
(12/19//08)

Privacy Act of 1974; Amendment of Existing System of Records, Friday, December 19, 2008, 73 FR 77824-01, (PDF), 2008 WL 5262590

SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. s 552a), the Office of the Secretary of the Department of the Interior is issuing public notice of its intent to amend an existing Privacy Act system of records notice, OS-02, "Individual Indian Monies (IIM) Trust Funds." The amendments will update the contact for further information, system locations, system manager and address, categories of records in the system, authority for maintenance of the system, routine uses of records maintained in the system, storage, safeguards, retention and disposal, procedures for contesting records, and records source categories.

NOTICES LEGAL SERVICES CORPORATION, Legal Services Corporation,
(12/9//08)

Notice of Availability of Calendar Year 2009 Competitive Grant Funds; Correction, Tuesday, December 9, 2008, 73 FR 74756-01, (PDF), 2008 WL 5129722

SUMMARY: The Legal Services Corporation (LSC) is the national organization charged with administering Federal funds provided for civil legal services to low-income people. LSC hereby announces the availability of competitive grant funds for the provision of a full range of civil legal services to eligible clients in Wyoming. Grants will be awarded in or around July 2009. The estimated annualized grant amounts for service areas in Wyoming are: $478,874 for the provision of civil legal services to the general low-income population throughout the state (i.e., service area WY-4); $12,054 for the provision of civil legal services to the migrant farmworker population throughout the state (i.e., service area MWY); and $167,794 for the provision of civil legal services to the Native American population throughout the state (i.e., service area NWY-1).

NOTICES NATIONAL INDIAN GAMING COMMISSION, National Indian Gaming Commission,
(12/9//08)

Fee Rate, Tuesday, December 9, 2008, 73 FR 74756-02, (PDF), 2008 WL 5129723

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

NOTICES DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service,
(12/1//08)

Tribal Wildlife Grants; Implementation Guidelines, Monday, December 1, 2008, 73 FR 72828-01, (PDF), 2008 WL 5043540

SUMMARY: We, the Fish and Wildlife Service, propose to change our implementation guidelines for the Tribal Wildlife Grants (TWG) program. The program helps tribal agencies maintain and enhance sustainable, healthy populations of fish and wildlife, as well as the habitats that support them. The TWG program also supports the rich Native American cultural and spiritual heritage associated with fish and wildlife, as well as hunting, fishing, trapping, wildlife observation, conservation, and conservation education. If finalized, these proposed changes would help the TWG program support tribal agencies address new challenges such as global climate change, urban sprawl, implementing landscape-level conservation planning, and a society that is increasingly disconnected from the natural environment, while ensuring sound administration and oversight of TWG funds and activities in accordance with core values and applicable laws, policies, and regulations. We seek public comment on our proposed changes. Current information about the TWG program is located at http://www.fws.gov/nativeamerican/grants.html.

November

NOTICES OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION, Office of Navajo and Hopi Indian Relocation,
(11/24/08)

Performance Review Board Membership, Monday, November 24, 2008, 73 FR 71047-03, (PDF), 2008 WL 4962806

SUMMARY: Notice is hereby given of the appointments of members to a performance review board for the Office of Navajo and Hopi Indian Relocation.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service,
(11/21/08)

Privacy Act of 1974; Report of Amended or Altered System; Medical, Health and Billing Records System, Friday, November 21, 2008, 73 FR 70655-01, (PDF), 2008 WL 4948910

SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as amended, 5 U.S.C. 552a(e)(4), the IHS has amended and is publishing the proposed alteration of a system of records, System No. 09-17-0001, "Medical, Health and Billing Records." The amended and altered system of records makes only administrative edits and revisions as necessary.

NOTICES ENVIRONMENTAL PROTECTION AGENCY, Environmental Protection Agency,
(11/19/08)

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State and Tribal Response Programs, Wednesday, November 19, 2008, 73 FR 69637-01, (PDF), 2008 WL 4921883

SUMMARY: The Environmental Protection Agency (EPA) will begin to accept requests, from December 1, 2008 through January 31, 2009, 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 2009, 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 ENERGY, Bonneville Power Administration,
(11/17/08)

2008 Columbia Basin Fish Accords Memorandum of Agreement with the Shoshone- Bannock Tribes, Monday, November 17, 2008, 73 FR 67865-01, (PDF), 2008 WL 4898304

SUMMARY: This notice announces the availability of the ROD for the 2008 Columbia Basin Fish Accords Memorandum of Agreement (MOA) with the Shoshone-Bannock Tribes consistent with and tiered to the Fish and Wildlife Implementation Plan Environmental Impact Statement (DOE/EIS-0312, April 2003) and ROD (October 31, 2003). BPA has decided to enter into a MOA with the Shoshone-Bannock Tribes of the Fort Hall Indian Reservation in Idaho and two Federal agencies (the U.S. Army Corps of Engineers and the U.S. Bureau of Reclamation) to provide for 10-year mutual commitments to implement projects for the benefit of fish and wildlife within the Columbia River Basin. BPA believes the agreement will benefit fish and wildlife in the region by providing additional actions, greater clarity regarding biological benefits, and secure funding. The agreement also provides substantial benefits for wildlife and fish populations, both anadromous and resident fish, within the Basin and within Idaho. The agreement will also help BPA meet its treaty and trust responsibilities to the tribes.

NOTICES DEPARTMENT OF COMMERCE, Bureau of the Census,
(11/14/08)

American Indian Areas (AIAs) Program for the 2010 Census--Notice of Final Criteria and Guidelines, Friday, November 14, 2008, 73 FR 67470-01, (PDF), 2008 WL 4889373

SUMMARY:The Bureau of the Census (Census Bureau) is providing notification of final criteria and guidelines for American Indian Areas (AIAs) for the 2010 Census. Criteria are those rules and conditions that must be met when defining a geographic entity; guidelines are procedures and measures suggested by the Census Bureau to enhance the utility of statistical geographic areas for presentation and analysis of statistical data. AIAs are geographic entities within the United States defined for the collection, tabulation, and presentation of decennial census data for federally and/or state-recognized American Indian tribes. AIAs will be used to collect, tabulate, and present data for the 2010 Census, period estimates from the American Community Survey (ACS), and potentially other Census Bureau statistical data. More specifically, for the 2010 Census, AIAs consist of the following types of geographic entities:

* American Indian reservations (AIRs).

* Off-reservation trust lands (ORTLs).

* Oklahoma tribal statistical areas (OTSAs).

* Tribal-designated statistical areas (TDSAs).

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Parts 15, 18, 179 43 CFR Parts 4, 30
(11/13/08)

Indian Trust Management Reform , Thursday, November 13, 2008, 73 FR 67256-01, (PDF), 2008 WL 4871346

SUMMARY: This final rule amends several Bureau of Indian Affairs (BIA) and Office of the Secretary regulations related to Indian trust management in the areas of probate, probate hearings and appeals, tribal probate codes, and life estates and future interests in Indian land. This rule allows the Secretary to further fulfill his 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).

RULES AND REGULATIONS ENVIRONMENTAL PROTECTION AGENCY, Environmental Protection Agency, 40 CFR Part 147 (11/04/08)

Navajo Nation; Underground Injection Control (UIC) Program; Primacy Approval , Tuesday, November 4, 2008, 73 FR 65556-01 , (PDF), 2008 WL 4772070

SUMMARY: The Environmental Protection Agency (EPA) is approving an application from the Navajo Nation ("Tribe") under Section 1425 of the Safe Drinking Water Act (SDWA) for primary enforcement responsibility (or "primacy") for the underground injection control (UIC) program for Class II (oil and gas-related) injection wells located within the exterior boundaries of the formal Navajo Reservation, including the three satellite reservations (Alamo, Canoncito and Ramah), but excluding the former Bennett Freeze Area, the Four Corners Power Plant and the Navajo Generating Station; and on Navajo Nation tribal trust lands and trust allotments outside the exterior boundaries of the formal Navajo Reservation. (These areas are collectively referred to hereinafter as "areas covered by the Tribe's Primacy
Application.")

Related News Stories: Tribes to take over regulation of injection wells. (Indian Country Today) 10/28/08.

NOTICES DEPARTMENT OF COMMERCE, Bureau of the Census, (11/04//08)


Alaska Native Areas (ANAs) Program for the 2010 Census--Notice of Final Criteria and Guidelines, Tuesday, November 4, 2008, 73 FR 65572-01, (PDF), 2008 WL 4771978

SUMMARY: The Bureau of the Census (Census Bureau) is providing notification of final criteria and guidelines for Alaska Native Areas (ANAs) for the 2010 Census. Criteria are those rules and conditions that must be met when defining a geographic entity; guidelines are procedures and measures suggested by the Census Bureau to enhance the utility of statistical geographic areas for presentation and analysis of statistical data. ANAs are geographic entities within the state of Alaska defined for the collection, tabulation, and presentation of decennial census data and will be used for the 2010 Census. ANAs also will be used to tabulate and present period estimates from the American Community Survey (ACS) after 2010 and potentially other Census Bureau statistical data. ANAs consist of two types of unique geographic entities: Alaska Native Regional Corporations (ANRCs) and Alaska Native village statistical areas (ANVSAs). The Census Bureau has not changed the process for naming and delineating boundaries of ANRCs from that used in Census 2000. The Census Bureau announces revisions to the criteria and guidelines for eligibility, location, delineation, and naming of ANVSAs to ensure more consistent and comparable ANSVAs and more meaningful, relevant, and reliable statistical data for Alaska Natives and their ANAs. This Notice also contains definitions of key terms used in the ANVSA criteria and guidelines for the 2010 Census.

October

 

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (10/30//08)

Rate Adjustments for Indian Irrigation Projects, Thursday, October 30, 2008, 73 FR 64629-01, (PDF), 2008 WL 4735089

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

NOTICES DEPARTMENT OF COMMERCE , Bureau of the Census, (10/30//08)

American Indian and Alaska Native Policy Statement, Thursday, October 30, 2008, 73 FR 64597-01 , (PDF), 2008 WL 4735049

SUMMARY: In preparation for the 2010 Census, the Bureau of the Census (Census Bureau) adopts the following American Indian and Alaska Native (AIAN) policy statement. This final policy outlines the principles to be followed in all Census Bureau interactions with federally recognized AIAN tribal governments. The policy affirms the unique government-to-government relationship that exists between AIAN 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 adoption of this policy satisfies a long-standing request from AIAN populations, and the Census Bureau believes it will encourage and facilitate greater cooperation from these populations during decennial censuses and help us to better communicate with and enumerate this difficult-to-count population. This Notice also summarizes comments received on the draft AIAN policy statement published in the Federal Register on May 23, 2007 (72 FR 28952) and the Census Bureau's response to these comments. The policy statement adopted in this Notice differs from the proposed policy statement as follows: (a) The Introduction section was modified in response to comments received; (b) the definition of Federally Recognized Indian Tribe was modified in response to comments; (c) the definition of trust responsibility was deleted after agency review; (d) the definition of American Indian or Alaska Native Tribal Government was modified after agency
review; (e) proposed Policy Principle No. 2 is renumbered as Policy Principle No. 4; (f) proposed Policy Principle No. 3 is renumbered as Policy Principle No. 5; (g) proposed Policy Principle No. 4 was modified in response to comments and is renumbered as Policy Principle No.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,Office of the Chief Information Officer, (10/29//08)

Loan Guarantees for Indian Housing, Wednesday, October 29, 2008, 73 FR 64360-01, (PDF), 2008 WL 4721975

SUMMARY: The proposed information collection requirement described below has been
submitted to the Office of Management and Budget (OMB) for review, as required by
the Paperwork Reduction Act. The Department is soliciting public comments on the
subject proposal.

RULES AND REGULATIONS ENVIRONMENTAL PROTECTION AGENCY, Environmental Protection Agency, 40 CFR Part 147 (10/27/08)

Fort Peck Assiniboine and Sioux Tribes in Montana; Underground Injection Control (UIC) Program; Primacy Approval and Minor Revisions, Monday, October 27, 2008, 73 FR 60508-01, (PDF), 2008 WL 4690491

SUMMARY: EPA is approving an application from the Fort Peck Assiniboine and Sioux
Tribes in Montana under section 1425 of the Safe Drinking Water Act (SDWA) to
implement an underground injection control (UIC) program for Class II (oil and
gas-related) injection wells. EPA is also revising regulations that are not
specific to the Fort Peck Tribes' application.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (10/24//08)

Tribal Consultation on Proposed Special Education Policies and Procedures, Friday, October 24, 2008, 73 FR 63503-03, (PDF), 2008 WL 4679638

SUMMARY: The Bureau of Indian Education (BIE), Division of Performance and
Accountability (DPA), will conduct tribal consultation meetings to obtain oral and
written comments on proposed BIE Special Education Policies and Procedures. The
proposed policies and procedures are available at http://www.enan.bia.edu under
the "News and Announcements" section of the Web site or by calling the individual
in the FOR FURTHER INFORMATION CONTACT section of this notice.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (10/22//08)

No Child Left Behind Act of 2001, Wednesday, October 22, 2008, 73 FR 63008-01, (PDF), 2008 WL 4643246

SUMMARY: The Secretary of the Interior is announcing the Department's intent to form a negotiated rulemaking committee to develop recommendations for proposed regulations regarding Bureau of Indian Education (BIE)-funded school facilities under the No Child Left Behind Act of 2001. As required by the No Child Left Behind Act, the Secretary will select representatives of Indian tribes for the committee from among individuals nominated by tribes whose students attend BIE-funded schools either operated by the bureau or by the tribe through a contract or grant. To the maximum extent possible, the proportional representation of tribes on the committee will reflect the proportionate share of students from tribes served by the BIE-funded school system. In addition, the Secretary will consider the balance of representation with regard to geographical location, size, and type of school and facility, as well as the interests of parents, teachers, administrators, and school board members, in selecting tribal committee representatives.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Office of the Assistant Secretary for Policy Development and Research, (10/22/08)

Announcement of Funding Awards for Fiscal Year 2008; Tribal Colleges and Universities Program, Wednesday, October 22, 2008, 73 FR 63007-01, (PDF), 2008 WL 4643244

SUMMARY: In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this document notifies the public of funding awards for Fiscal Year (FY) 2008 Tribal Colleges and Universities Program (TCUP). The purpose of this document is to announce the names and addresses of the award winners and the amount of the awards which are to be used to enable Tribal Colleges and Universities (TCU) to build, expand, renovate, and equip their own facilities, and expand the role of the TCUs into the community through the provision of needed services such as health programs, job training, and economic development activities.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 547 (10/10/08)

Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games, Friday, October 10, 2008, 73 FR 60508-01, (PDF), 2008 WL 4525193

SUMMARY: The rule adds a new part to the Commission's regulations establishing technical standards for Class II games--bingo, lotto, other games similar to bingo, pull tabs, and "instant bingo"--that are played using "electronic, computer, or other technologic aids" as parts of a Class II gaming system. The rule establishes a process for ensuring the integrity of such games and aids-- examination by an independent testing laboratory and approval by the tribal gaming regulatory authority--before being made available to the public for play in a tribal gaming operation. The standards will assist tribal gaming regulatory authorities and operators in ensuring the integrity and security of Class II gaming and the accountability of Class II gaming revenue. The standards will also provide guidance to equipment manufacturers and distributors of Class II gaming systems.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 542 and 543 (10/10/08)

Minimum Internal Control Standards for Class II Gaming Friday, October 10, 2008, 73 FR 60492-01, (PDF), 2008 WL 4525191

SUMMARY: This rule supersedes certain specified sections of the current Minimum Internal Control Standards and replaces them with a new part titled Minimum Internal Control Standards for Class II Gaming. Since the implementation of Minimum Internal Control Standards (MICS), it became obvious that the MICS require technical adjustments and revisions so that they can effectively protect tribal assets, while still allowing tribes to utilize technological advances in the gaming industry. This rule applies only to Class II games.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 546 (10/10/08)

Classification Standards for Bingo, Lotto, Other Games Similar to Bingo, Pull Tabs and Instant Bingo as Class II Gaming When Played Through an Electronic Medium Using "Electronic, Computer, or Other Technologic Aids", October 10, 2008, 73 FR 60490-02, (PDF), 2008 WL 4525248

SUMMARY: The National Indian Gaming Commission is withdrawing the proposed Classification standards published in the Federal Register on October 24, 2007.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Part 502 (10/10/08)

Definition for Electronic or Electromechanical Facsimile, Friday, October 10, 2008, 73 FR 60490-01, (PDF), 2008 WL 4525247

SUMMARY: The National Indian Gaming Commission is withdrawing the proposed modification to the definition of "Electronic or electromechanical facsimile" published in the Federal Register on October 24, 2007.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (10/07/08)

Land Acquisitions; Habematolel Pomo of Upper Lake, CA, Tuesday, October 7, 2008,
73 FR 58617-02, (PDF), 2008 WL 4462185

SUMMARY: The Acting Deputy Assistant Secretary for Policy and Economic Development made a final agency determination to acquire approximately 11.24 acres of land into trust for the Habematolel Pomo of Upper Lake of California on September 8, 2008. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary--Indian Affairs by 209 Departmental Manual 8.1. The duties of the Assistant Secretary-- Indian Affairs were delegated to the Acting Deputy Assistant Secretary for Policy and Economic Development on May 23, 2008.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families, (10/07/08)

Public Comment on the Proposed Adoption of ANA Program Policies and Procedures, Tuesday, October 7, 2008, 73 FR 58594-01, (PDF), 2008 WL 4462169

SUMMARY: Pursuant to Section 814 of the Native American Programs Act of 1974, as amended by 42 U.S.C. 2992b-1, the Administration for Native Americans (ANA) herein describes its proposed interpretive rules, general statements of policy and rules of agency procedure or practice in relation to the following Program Announcements: Social and Economic Development Strategies (hereinafter referred to as SEDS), Social and Economic Development Strategies for Alaska (hereinafter referred to as SEDS-AK), Native Language Preservation and Maintenance Assessment (hereinafter referred to as Native Language Assessment), Native Language Preservation and Maintenance Planning (hereinafter referred to as Native Language Planning), Native Language Preservation and Maintenance Implementation (hereinafter referred to as Native Language Implementation), Native Language Preservation and Maintenance Immersion (hereinafter referred to as Native Language Immersion), Family Preservation--Improving the Well-Being of Children Project Planning (hereinafter referred to as Family Preservation Planning), Family Preservation--Improving the Well-Being of Children Project Implementation (hereinafter referred to as Family Preservation Implementation) and Environmental Regulatory Enhancement (hereinafter referred to as ERE).

September

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service, 50 CFR Part 20 (9/25/08)

Migratory Bird Hunting; Final Frameworks for Late-Season Migratory Bird Hunting Regulations, Thursday, September 25, 2008, 73 FR 55602-01, (PDF)

SUMMARY: The Fish and Wildlife Service (Service or we) prescribes final late-season frameworks from which States may select season dates, limits, and other options for the 2008-09 migratory bird hunting seasons. These late seasons include most waterfowl seasons, the earliest of which commences on September 27, 2008. The effect of this final rule is to facilitate the States' selection of hunting seasons and to further the annual establishment of the late-season migratory bird hunting regulations.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service, 50 CFR Part 20 (9/25/08)

Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for Certain Migratory Game Birds; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2008-2009 Late Season, Thursday, September 25, 2008, 73 FR 55630-01, (PDF)

SUMMARY: This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits for general waterfowl seasons and those early seasons for which States previously deferred selection. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2008-09 season.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service, 50 CFR Part 20 (9/25/08)

Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2008-09 Late Season, Thursday, September 25, 2008, 73 FR 55676-01, (PDF)

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.

NOTICE DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (9/16/08)

American Indian Population and labor Force Report , Tuesday, September 16, 2008, 73 FR 52166-01, (PDF), 2008 WL 4211357

SUMMARY: The Assistant Secretary--Indian Affairs (AS-IA) is seeking comments on the American Indian Population and Labor Force Report as we prepare to reinstate the collection as required by the Paperwork Reduction Act of 1995. The Indian Employment, Training and Related Services Demonstration Act (Act) of 1992 requires the Secretary to develop, maintain and publish, not less than biennially, a report on the population by gender, income level, age, and availability for work.

NOTICE PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL, (9/15/08)

Proposed Amendments to Columbia River Basin Fish and Wildlife Program, Monday, September 15, 2008, 73 FR 53294-01, (PDF), 2008 WL 4189471

SUMMARY: Pursuant to the Pacific Northwest Electric Power Planning and Conservation Act of 1980 (16 U.S.C. 839 et seq.), the Council invites comments through October 30, 2008, on proposed amendments to its Columbia River Basin Fish and Wildlife Program (program), Council document 2008-11. The proposed amendments may be found on the Council's Web site at http://www.nwcouncil.org/fw/program/2008amend.

PROPOSED RULES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 24 CFR Part 1003 (9/08/08)

Prohibition on Use of Indian Community Development Block Grant Assistance for Employment Relocation Activities , Monday, September 8, 2008, 73 FR 52166-01, (PDF), 2008 WL 4106336

SUMMARY: This proposed rule would amend HUD's regulations for the Indian Community Development Block Grant (ICDBG) program by prohibiting Indian tribes and Alaska Native villages from using ICDBG funds to facilitate the relocation of for-profit businesses from one labor market area to another, if the relocation is likely to result in significant job loss. The proposed rule would prohibit Indian tribes and Alaska Native villages from using ICDBG funds for "job pirating" activities that are likely to result in significant job loss. "Job pirating," in this context, refers to the use of ICDBG funds to lure or attract a business and its jobs from one community to another. To prevent the rule from having an effect in situations where the relocation of a business causes an insignificant loss of jobs, the proposed rule would provide that a loss of 25 or fewer jobs from an area, as a result of an ICDBG-funded economic development project, would not constitute a significant loss of jobs.

NOTICE ENVIRONMENTAL PROTECTION AGENCY, (9/08/08)

Notice of Availability of Guidelines for the Award of Alaska Rural and Native Villages Program Grant Authorized by the Clean Water Act and the Consolidated Appropriations Act, 2008, Monday, September 8, 2008, 73 FR 51704-01, (PDF), 2008 WL 4106296

SUMMARY: This notice announces the availability of a memorandum entitled "Award of Alaska Rural and Native Villages Program Grant Authorized by the Clean Water Act and the EPA Section of the Consolidated Appropriations Act, 2008" and the accompanying grant guidelines. These documents describe how EPA will award and administer the 2008 Alaska Rural and Native Villages Program Grant as authorized by Section 113a of the Clean Water Act (33 U.S.C. 1263a) and the Agency's FY 2008 Consolidated Appropriations Act (Pub. L. 110-161). The Consolidated Appropriations Act, 2008, provides budget authority for funding the Alaska Rural and Native Villages Program that assists communities with the rehabilitation or construction of drinking water and wastewater systems and also training and technical assistance in the operations and maintenance of these systems. The grant guidelines will not be reissued annually. The grant recipient, the State of Alaska, will receive a copy of this notice, the memorandum, and a copy of the grant guidelines from EPA.

RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service, 50 CFR Part 20 (9/04/08)

Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2008-09 Early Season; Thursday, September 4, 2008, 73 FR 51704-01, (PDF), 2008 WL 4065631

SUMMARY: This rule prescribes special early season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This responds to tribal requests for U.S. Fish and Wildlife Service 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.

PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 81 (9/02/08)

EPA Responses to State and Tribal 2006 24-Hour PM2.5 %g Designation Recommendations: Notice of Availability and Public Comment Period , Friday, September 2, 2008, 73 FR 48098-01, (PDF), 2008 WL 4000370

SUMMARY: Notice is hereby given that the EPA has posted its responses to state and tribal designation recommendations for the 2006 24-hour fine particles (PM2.5) National Ambient Air Quality Standards (NAAQS) on its Internet Web site at http://www.epa.gov/pmdesignations/2006standards/index.htm. EPA invites public comments on its responses during the 30-day comment period specified below. EPA sent responses directly to the states on August 19 and tribes on or around August 20, 2008, and plans to make final designation determinations for the 2006 24-hour PM2.5 NAAQS by December 18, 2008.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 293 (9/02/08)

Class III Tribal State Gaming Compact Process; Extension of comment period for proposed rule. Tuesday, September 2, 2008, 73 FR 51704-01, (PDF), 2008 WL 4000362

SUMMARY: On July 2, 2008, the Bureau of Indian Affairs (BIA) proposed a rule to establish procedures for Indian tribes and States to submit Tribal-State compacts and compact amendments, governing the conduct of class III gaming activities on the tribe's Indian lands located within that State, for review and approval by the Secretary of the Interior (see 73 FR 37907). This notice extends the comment period for that proposed rule by 20 days, to September 22, 2008.

August

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service, 50 CFR Part 20 (8/15/08)

Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2008-09 Season, Friday, August 15, 2008, 73 FR 48098-01, (PDF), 2008 WL 3549073

SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2008-09 migratory bird hunting season.

NOTICES DEPARTMENT OF JUSTICE (8/5/08)

Office on Violence Against Women; Notice of Meeting, Tuesday, August 5, 2008, 73 FR 45473-03, (PDF), 2008 WL 2959496

SUMMARY: This notice sets forth the schedule and proposed agenda of the forthcoming public meeting of the Section 904 Violence Against Women in Indian Country Task Force (hereinafter "the Task Force").

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families (8/4/08)

Notice of Public Comment on Tribal Consultation Session To Be Held on September 11, 2008, in Phoenix, AZ, Monday, August 4, 2008, 73 FR 45227-01, (PDF), 2008 WL 2950661

SUMMARY: Pursuant to the Improving Head Start for School Readiness Act of 2007, Public Law 110-134, notice is hereby given of a one-day Tribal Consultation Session to be held between the Department of Health and Human Services, Administration for Children and Families, Office of Head Start leadership and the leadership of Tribal governments operating Head Start (including Early Head Start) programs. The purpose of the Consultation Session is to discuss ways to better meet the needs of Indian, including Alaska Native, children and their families, taking into consideration funding allocations, distribution formulas, and other issues affecting the delivery of Head Start services in their geographic locations [42 U.S.C. 9835, Section 640(l)(4)].

July

RULES and REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families, 45 CFR Part 263 (7/23/08)

Cost Allocation Methodology Applicable to the Temporary Assistance for Needy Families Program, Wednesday, July 23, 2008, 73 FR 42718-01, (PDF), 2008 WL 2811097

SUMMARY: This final rule applies to the Temporary Assistance for Needy Families (TANF) program and requires States, the District of Columbia and the Territories (hereinafter referred to as the "States") to use the "benefiting program" cost allocation methodology in U.S. Office of Management and Budget (OMB) Circular A-87 (2 CFR part 225). It is the judgment and determination of HHS/ACF that the "benefiting program" cost allocation methodology is the appropriate methodology for the proper use of Federal TANF funds. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 gave federally-recognized Tribes the opportunity to operate their own Tribal TANF programs. Federally-recognized Indian tribes operating approved Tribal TANF programs have always followed the "benefiting program" cost allocation methodology in accordance with OMB Circular A-87 (2 CFR part 225) and the applicable regulatory provisions at 45 CFR 286.45(c) and (d). This final rule contains no substantive changes to the proposed rule published on September 27, 2006.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (7/15/08)

Privacy Act of 1974, as Amended; Establishment of a New System of Records, Tuesday, July 15, 2008, 73 FR 40611-01, (PDF), 2008 WL 2725173

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)). This new Privacy Act system of records is entitled Interior, BIA-32, "Land Consolidation Tracking System" (LCTS).

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (7/11/08)

Tribal Self-Governance Program; Planning Cooperative Agreement, Friday, July 11, 2008, 73 FR 39973-01, (PDF), 2008 WL 2693900

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. This program is described at 93.210 in the Catalog of Federal Domestic Assistance (CFDA).

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 11 (7/11/08)

Law and Order on Indian Reservations, Friday, July 11, 2008, 73 FR 39857-01, (PDF), 2008 WL 2693956

SUMMARY: This final rule amends the Bureau of Indian Affairs regulation governing the Courts of Indian Offenses (otherwise known as CFR Courts) and the Law and Order Code. CFR Courts administer justice where Indian tribes retain exclusive jurisdiction over Indians but where tribal courts have not been established to exercise that jurisdiction. This final rule updates the list of Indian tribes for which Courts of Indian Offenses are established and for which the law and order provisions of the regulations apply. This final rule also clarifies jurisdictional limitations; adds offenses for drug abuse, abuse of psychotoxic substances, child abuse, prostitution, and family violence; and increases maximum penalties for various offenses.

NOTICES DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service (7/10/08)

Fish and Wildlife Service and Confederated Salish and Kootenai Tribes Sign Annual Funding Agreement, Thursday, July 10, 2008, 73 FR 39713-01, (PDF), 2008 WL 2675976

SUMMARY: On June 19, 2008, the U.S. Fish and Wildlife Service (the Service) and the Confederated Salish and Kootenai Tribes (CSKT) (collectively the Parties) signed an annual funding agreement (AFA) under the Tribal Self-Governance Act of 1994. The Tribal Self-Governance Act provides for the Secretary of the Interior (the Secretary) to negotiate and enter into an AFA with a tribe participating in Self-Governance, authorizing the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof (Activities), administered by the Secretary, which are of special geographic, historical, or cultural significance to that tribe. This includes such Activities within the National Wildlife Refuge System (NWRS).

NOTICES DEPARTMENT OF EDUCATION (7/8/08)

President's Board of Advisors (Board), The White House Initiative on Tribal Colleges and Universities (WHI/TCU) Meeting, Tuesday, July 8, 2008, 73 FR 39005-01, (PDF), 2008 WL 2645528

SUMMARY: This purpose of this notice is to announce an open meeting of the President's Board of Advisors (Board), The White House Initiative on Tribal Colleges and Universities (WHI/TCU) on Tuesday, July 15, 2008, 1 p.m. to 5 p.m., at the Navajo Technical College, Lower Point Road, Crownpoint, New Mexico 87313; and, on Wednesday, July 16, 2008, 9 a.m. to 3 p.m., at Southwestern Indian Polytechnic Institute, 9169 Coors Road, NW., Albuquerque, New Mexico 87184. 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. 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.

PROPOSED RULES DEPARTMENT OF AGRICULTURE, Food and Nutrition Service, 7 CFR Part 253 (7/3/08)

Food Distribution Program on Indian Reservations: Resource Limits and Exclusions, and Extended Certification Periods, Thursday, July 3, 2008, 73 FR 38155-01, (PDF), 2008 WL 2604777

SUMMARY: This proposed rule would amend regulations for the Food Distribution Program on Indian Reservations (FDPIR). The changes are intended to improve program service, ensure consistency between FDPIR and the Food Stamp Program, and respond to concerns expressed by the National Association of Food Distribution Programs on Indian Reservations (NAFDPIR) that the current FDPIR resource limit was insufficient for the target population and served as a barrier to participation. The proposed rule would increase the maximum level of allowable resources to the same level permitted under the Food Stamp Program (including annual adjustments for inflation in accordance with Section 4104 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234)), allow a resource exclusion for the first $1,500 of the value of one pre-paid funeral arrangement per household member, and allow households in which all members are elderly and/or disabled to be certified for up to 24 months. The rule would also implement Section 4107 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171), which established a resource limit of $3,000 for Food Stamp Program households with a disabled member.

June

PROPOSED RULES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Office of Child Support Enforcement, 45 CFR Parts 309 and 310 (6/11/08)

Computerized Tribal IV-D Systems and Office Automation, Wednesday, June 11, 2008, 73 FR 33048-01, (PDF), 2008 WL 2354550

SUMMARY: This proposed rule would enable Tribes and Tribal organizations currently operating a comprehensive Tribal Child Support Enforcement program under Title IV-D of the Social Security Act (the Act) to apply for and receive direct Federal funding for the costs of automated data processing. This proposed rule addresses the Secretary's commitment to provide instructions and guidance to Tribes and Tribal organizations on requirements for applying for, and upon approval, securing Federal Financial Participation (FFP) in the costs of installing, operating, maintaining, and enhancing automated data processing systems.

PROPOSED RULES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Office of Child Support Enforcement, 45 CFR Parts 309 and 310 (6/10/08)

Tribal Child Support Enforcement Program, Tuesday, June 10, 2008, 73 FR 32668-01, (PDF), 2008 WL 2337735

SUMMARY: Notice is hereby given for the dates and locations for one informational meeting and three Tribal consultations on the Computerized Tribal IV-D Systems and Office Automation Notice of Proposed Rulemaking (NPRM). On June 11, 2008, the Federal Register will publish an NPRM that would enable Tribes and Tribal organizations currently operating a comprehensive Tribal Child Support Enforcement program under Title IV-D of the Social Security Act (the Act) to apply for and receive direct Federal funding for the costs of child support automated data processing. This proposed rule addresses the Secretary's commitment to provide instructions and guidance to Tribes and Tribal organizations on requirements for applying for, and upon approval, securing Federal Financial Participation (FFP) under the Tribal IV-D program in the costs of installing, operating, maintaining, and enhancing child support automated data processing systems. The public comment period for this regulation will be 60 days from the date of the publication of the NPRM. The Federal Office of Child Support Enforcement (OCSE) will host one meeting to introduce the proposed rule and three consultations to receive public comment on the proposed rule. This notification provides specific information for the informational meeting and consultations.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (6/6/08)

Alabama-Coushatta Tribe of Texas Petition for Tribal Reassumption of Jurisdiction over Child Custody Proceedings, Friday, June 6, 2008, 73 FR 32355-01, (PDF), 2008 WL 2307914

SUMMARY: This is a notice that the Department of the Interior has received a petition from the Alabama-Coushatta Tribe of Texas for the tribal reassumption of jurisdiction over Indian child custody proceedings. The petition is under review by, and may be inspected at, the address listed in the ADDRESSES section.

May

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (5/30/08)

Amended Proposed Finding Against Acknowledgment of the Pointe-au-Chien Indian Tribe (PACIT) of Louisiana, Friday, May 30, 2008, 73 FR 31142-01, (PDF), 2008 WL 2216202

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 Pointe-au-Chien Indian Tribe, c/o Charles Verdin, P.O. Box 416, Montegut, Louisiana 70377, 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(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 (5/30/08)

Amended Proposed Finding Against Acknowledgment of the Biloxi, Chitimacha Confederation of Muskogees, Inc. (BCCM) of Louisiana, Friday, May 30, 2008, 73 FR 31140-02, (PDF), 2008 WL 2216201

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 Biloxi, Chitimacha Confederation of Muskogees, Inc. (BCCM), c/o Randy Verdun, 114 Retreat Drive, Bourg, Lousiana 70343, 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(b), 83.7(c), 83.7(d), 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 (5/23/08)

Office of Federal Acknowledgment; Guidance and Direction Regarding Internal Procedures, Friday, May 23, 2008, 73 FR 30146-01, (PDF), 2008 WL 2148680

SUMMARY: The Assistant Secretary--Indian Affairs of the Department of the Interior is providing guidance and direction to Office of Federal Acknowledgment (OFA) staff for managing recurring administrative and technical problems in processing petitions for Federal acknowledgment. This guidance and direction does not amend the acknowledgment regulations at 25 CFR part 83.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (5/23/08)

Land Acquisitions; Oneida Indian Nation of New York, Friday, May 23, 2008, 73 FR 27816-01, (PDF), 2008 WL 2148679

SUMMARY: The Deputy Secretary and the Associate Deputy Secretary made a final agency determination to acquire approximately 13,003.89 acres in trust for the Oneida Indian Nation of New York. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Deputy Secretary by 209 Departmental Manual 2.1 and delegated by the Deputy Secretary to the Associate Deputy Secretary under authority of Section 2 of Reorganization Plan No. 3 of 1950 (64 Stat. 2162), as amended.

NOTICES DEPARTMENT OF TRANSPORTATION, Federal Transit Administration (5/21/08)

Public Transportation on Indian Reservations Program; Tribal Transit Program, Wednesday, May 21, 2008, 73 FR 29569-01, (PDF), 2008 WL 2115014

SUMMARY: This notice announces the availability of Fiscal Year (FY) 2008 funds for the Public Transportation on Indian Reservations Program, a program authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Section 3013 (c). This notice includes a national solicitation for Grant Applications for FY 2008 Tribal Transit Program (TTP) funds to be selected on a competitive basis; the grant terms and conditions that apply to this program; and grant application procedures and selection criteria for FY 2008 projects. The Federal Transit Administration (FTA) expects to have a total of $12 million for FY 2008. For more information on the program and a list of projects currently funded go to
http:// www.fta.dot.gov/funding/grants/grants_financing_3553.html.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, 25 CFR Part 292 (5/20/08)

Gaming on Trust Lands Acquired After October 17, 1988, Tuesday, May 20, 2008, 73 FR 29354-01, (PDF), 2008 WL 2091044

SUMMARY: The Bureau of Indian Affairs (BIA) is publishing regulations implementing section 2719 of the Indian Gaming Regulatory Act (IGRA). IGRA 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 rule articulates standards that the BIA will follow in interpreting the various exceptions to the gaming prohibitions contained in section 2719 of IGRA. It also 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 EDUCATION (5/14/08)

National Advisory Council on Indian Education (NACIE); Notice of an Open Teleconference Meeting, Wednesday, May 14, 2008, 73 FR 27816-01, (PDF), 2008 WL 2036577

SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming teleconference meeting of the National Advisory Council on Indian Education (the Council) and is intended to notify the general public of the meeting. 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 THE INTERIOR, Bureau of Indian Affairs (5/13/08)

Tribal Energy Policy Advisory Committee, Tuesday, May 13, 2008, 73 FR 27552-01, (PDF), 2008 WL 2018497

SUMMARY: The Department of the Interior's Assistant Secretary--Indian Affairs (AS-IA) is forming a Tribal Energy Policy Advisory Committee (Committee) of tribal officials and Federal representatives to provide advice on implementing regulations promulgated under the Indian Tribal Energy Development and Self-Determination Act of 2005 (Act) and other Indian energy resource development matters. The AS-IA is requesting nominations to the Committee for tribal representatives of federally recognized Indian tribes from all of the Bureau of Indian Affairs regions except Alaska (the Act does not include Alaska).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (5/8/08)

Land Acquisitions; Mechoopda Indian Tribe, California, Thursday, May 8, 2008, 73 FR 26142-01, (PDF), 2008 WL 1966801

SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 631.05 acres of land into trust for the Mechoopda Indian Tribe of California on March 14, 2008. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary--Indian Affairs by 209 Departmental Manual 8.1.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (5/7/08)

Land Acquisitions; Federated Indians of Graton Rancheria, California, Wednesday, May 7, 2008, 73 FR 25766-01, (PDF), 2008 WL 1957641

SUMMARY: The Assistant Secretary--Indian Affairs made a final agency determination to acquire approximately 254 acres of land into trust for the Federated Indians of Graton Rancheria of California on April 18, 2008. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary--Indian Affairs by 209 Departmental Manual 8.1.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (5/1/08)

Grant Program to Build Tribal Energy Development Capacity, Thursday, May 1, 2008, 73 FR 24082-01, (PDF), 2008 WL 1902562

SUMMARY: The Energy Policy Act of 2005 authorizes the Secretary to provide assistance to Indian tribes for use in developing and sustaining 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 use a competitive evaluation process to select several proposed projects to receive an award.

April

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

March

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

February

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

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

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

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

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

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

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

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

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

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

NOTICES ENVIRONMENTAL PROTECTION AGENCY (2/25/08)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

January

NOTICES DEPARTMENT OF EDUCATION (1/30/08)

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

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

NOTICES DEPARTMENT OF EDUCATION (1/28/08)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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