2009 Federal Register Documents

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (1/11/10)

Tribal Consultation on proposed revisions to 25 CFR Parts 81 & 82, Monday, January 11, 2010, 75 FR 1407-01 , (PDF), 2010 WL 58170

SUMMARY: Notice is hereby given that the Bureau of Indian Affairs (BIA) will conduct another consultation meeting with Indian tribes reorganized under the Indian Reorganization Act (IRA) and the Oklahoma Indian Welfare Act, and other interested tribal leaders, to obtain oral and written comments concerning the potential revision of regulations at 25 CFR part 81, Tribal Reorganization under a Federal Statute, and 25 CFR part 82, Petitioning Procedures for Tribes Reorganized Under Federal Statute and Other Organized Tribes. In addition to the locations listed in the Federal Register of November 12, 2009, in FR Doc. E9-27181, page 58310, the BIA will conduct a consultation meeting with Indian tribes in Albuquerque, New Mexico.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (1/11/10)

Tribal Consultation on proposed revisions to 25 CFR Parts 81 & 82, Monday, January 11, 2010, 75 FR 1407-02 , (PDF), 2010 WL 58171

SUMMARY: The Bureau of Indian Affairs published a document in the Federal Register of November 12, 2009, concerning the notice of tribal consultation meetings. The document included the date of January 14, 2010 for the meeting scheduled at the Pala Casino Resort and Spa in Pala, California. This notice changes the date to February 2, 2010, and the location to the Pala Administration Building in Pala, California.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, (12/29/09)

Proposed Adoption of ANA Program Policies and Procedures, Tuesday, December 29, 2009, 74 FR 68849-02 , (PDF), 2009 WL 5078718

SUMMARY: Pursuant to Section 814 of the Native American Programs Act of 1974 (NAPA), as amended, the Administration for Native Americans 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. In accordance with notice requirements of NAPA, ANA herein describes its proposed interpretive rules, general statements of policy, and rules of agency procedure or practice as they relate to the Fiscal Year (FY) 2010 Funding Opportunity Announcements (FOA) for the following programs: Social and Economic Development Strategies (hereinafter referred to as SEDS), Social and Economic Development Strategies-Special Initiative (hereinafter referred to as SEDS-SI), Native Language Preservation and Maintenance (hereinafter referred to as Language Preservation), Native Language Preservation and Maintenance-Esther Martinez Initiative (hereinafter referred to as Language-EMI), and Environmental Regulatory Enhancement (hereinafter referred to as ERE). This notice also provides additional information about ANA's plan for administering the programs.

NOTICES NATIONAL INDIAN GAMING COMMISSION, (12/23/09)

Fee Rate, Wednesday, December 23, 2009, 74 FR 68279-01 , (PDF), 2009 WL 4926936

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 0.058% (.00058) for tier 2 for calendar year 2009. 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 2009 shall be one-half of the annual fee rate, which is 0.029% (.00029).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (12/23/09)

Notice of Deadline for Submitting Completed Applications To Begin Participation in the Tribal Self-Governance Program in Fiscal Year 2011 or Calendar Year 2011, Wednesday, December 23, 2009, 74 FR 68278-01 , (PDF), 2009 WL 4926934

SUMMARY: In this notice, the Office of Self-Governance (OSG) establishes a March 1, 2010, deadline for Indian tribes/consortia to submit completed applications to begin participation in the tribal self-governance program in fiscal year 2011 or calendar year 2011.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (12/21/09)

Proposed Finding for Federal Acknowledgment of the Shinnecock Indian Nation, Monday, December 21, 2009, 74 FR 67895-02 , (PDF), 2009 WL 4889086

SUMMARY: The Department of the Interior (Department) gives notice that the Acting Principal Deputy Assistant Secretary-Indian Affairs (PDAS-IA) proposes to determine that the Shinnecock Indian Nation, P.O. Box 5006, Southampton, NY 11969-0751, c/o Messrs. Frederick C. Bess, Randall King, and Gordell Wright, is an Indian Tribe within the meaning of Federal law. This notice is based on a preliminary finding that the petitioner satisfies the seven mandatory criteria for acknowledgment set forth in the applicable regulations, and thus, meets the requirements for a government-to-government relationship with the United States.

RELATED NEWS STORIES: U.S. eases way to recognition of Shinnecock (NY Times) 12/15/09.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (12/21/09)

Proclaiming Certain Lands Known as the Pecos Pueblo Grant as an Addition to the Reservation for the Pueblo of Jemez, New Mexico, Monday, December 21, 2009, 74 FR 67895-01 , (PDF), 2009 WL 4889085

SUMMARY: This notice informs the public that the Assistant Secretary-Indian Affairs proclaimed approximately 5.0 acres, more or less, to be added to the Reservation of the Pueblo of Jemez, New Mexico.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (12/21/09)

Advisory Board for Exceptional Children, Monday, December 21, 2009, 74 FR 67894-02, (PDF), 2009 WL 4889084

SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education (BIE) is announcing the Advisory Board for Exceptional Children will hold its next meeting in Albuquerque, New Mexico. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Act of 2004 (IDEA) on Indian children with disabilities.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service, (12/21/09)

Notice of Re-Designation of the Service Delivery Area for the Cowlitz Indian Tribe, Monday, December 21, 2009, 74 FR 67884-01 , (PDF), 2009 WL 4889080

SUMMARY: This Notice advises the public that the Indian Health Service (IHS) proposes to expand the geographic boundaries of the Service Delivery Area (SDA) for the Cowlitz Indian Tribe. The Cowlitz SDA currently is comprised of Clark, Cowlitz, King, Lewis, Pierce, Skamania, and Thurston in the State of Washington. These counties were designated as the Tribe's SDA in 67 FR 46329. It is proposed that Columbia County, Oregon, and Wahkiakum and Kittitas Counties, Washington be added to the existing SDA.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (12/11/09)

No Child Left Behind Act of 2001-Membership of the school facilities and Construction Negotiated Rulemaking Committee, Friday, December 11, 2009, 74 FR 65784-01 , (PDF), 2009 WL 4707635

SUMMARY: As required by the No Child Left Behind Act of 2001, and in compliance with procedures set out in the Negotiated Rulemaking Act, the Secretary of the Interior has appointed members of the committee to prepare and submit a report or reports regarding Bureau-funded school facilities. The Secretary chose from nominations submitted by Indian tribes and others whose students attend Bureau-funded schools (operated either by the Bureau, or by a tribe through a contract or grant). To the maximum extent possible, the proportional representation of tribes on the committee reflects the proportionate share of students from tribes served by the Bureau-funded school facilities. In addition, the Secretary considered 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. Having considered all nominations, the Secretary appoints the persons named in this notice as committee members.

 

PROPOSED RULES SMALL BUSINESS ADMINISTRATION, 13 CFR Parts 121 and 124, (12/7/09)

Small Business size regulations; 8(a) Business development/Small disadvantaged bBusiness status determinations; Tribal consultation, Monday, December 7, 2009, 74 FR 64026-01 , (PDF), 2009 WL 4546604

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

NOTICES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, (12/4/09)

The National Environmental Policy Act Procedures Manual, Friday, December 4, 2009, 74 FR 63765-02 , (PDF), 2009 WL 4401299

SUMMARY: The purpose of this notice is to provide an opportunity for public review and comment on the National Indian Gaming Commission (NIGC) draft manual containing policy and procedures for implementing the National Environmental Policy Act of 1969 (NEPA), as amended, Executive Order 11514, as amended, and Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA. Pursuant to CEQ regulations, the NIGC is soliciting comments on its proposed procedures from members of the interested public.

 

November

RULES and REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES, 48 CFR Chapter 3, Health and Human Services Acquisition Regulation, (11/27/09)

Issuance of direct final rule and opportunity for comment, Friday, November 27, 2009, 74 FR 62396-01 , (PDF), 2009 WL 4091612

SUMMARY: The Department of Health and Human Services (HHS) is revising its Federal Acquisition Regulation (FAR) Supplement-the HHS Acquisition Regulation (HHSAR) in its entirety to reflect statutory, FAR, and government-wide and HHS policy changes since the last revision to the HHSAR in December 2006.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (11/24/09)

Proclaiming certain lands as a reservation for the Nottawaseppi Huron and of Potawatomi Indians of Michigan, Tuesday, November 24, 2009, 74 FR 61365-02 , (PDF), 2009 WL 4029306

SUMMARY: The Bureau of Indian Affairs (BIA) published a document in the Federal Register of November 13, 2007, concerning the Assistant Secretary-Indian Affairs proclaiming approximately 78.26 acres as the Nottawaseppi Huron Band of Potawatomi Indian Reservation. The document contained an error in the legal description.

NOTICES DEPARTMENT OF JUSTICE, Office on Violence Against Women, (11/17/09)

Notice of Meeting, Tuesday, November 17, 2009, 74 FR 59241-03, (PDF), 2009 WL 3816762

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 ENVIRONMENTAL PROTECTION AGENCY, Environmental Protection Agency, (11/17/09)

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant funding guidance for State and Tribal Response Programs, Tuesday, November 17, 2009, 74 FR 59163-01, (PDF), 2009 WL 3816720

SUMMARY: EPA will begin to accept requests, from December 1, 2009 through January 31, 2010, 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 2010, EPA will consider funding requests up to a maximum of $1.5 million per state or tribe. Subject to the availability of funds, EPA regional personnel will be available to provide technical assistance to states and tribes as they apply for and carry out these grants.

 

NOTICES DEPARTMENT OF THE INTERIORR, Bureau of Indian Affairs, (11/05/09)

Tribal Consultation on Draft Revisions to 25 CFR Parts 81 & 82, Thursday, November 12, 2009, 74 FR 58310-02 , (PDF), 2009 WL 3762191

SUMMARY: Notice is hereby given that the Bureau of Indian Affairs (BIA) will conduct consultation meetings with Indian tribes reorganized under the Indian Reorganization Act (IRA) and the Oklahoma Indian Welfare Act, and other interested tribal leaders, to obtain oral and written comments concerning the potential revision of regulations at 25 CFR part 81, Tribal Reorganization under a Federal Statute, and 25 CFR part 82, Petitioning Procedures for Tribes Reorganized Under Federal Statute and Other Organized Tribes.

NOTICES ADMINISTRATIVE ORDERS, (11/05/09)

Tribal Consultation, Thursday, November 5, 2009, 74 FR 57881, (PDF), 2009 WL 3706531

SUMMARY: No Summary.

NOTICES DEPARTMENT OF LABOR, Employment and Training Administration, (11/05/09)

"Financial and program reporting and performance standards system for Indian and Native American programs, under the Workforce Investment Act (WIA)," Title I-D, Section 166 of the extension without change; Office of Management Budget (OMB) Control No. 1205-0422, Thursday, November 5, 2009, 74 FR 57333-03 , (PDF), 2009 WL 3643055

SUMMARY: The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95) [44 U.S.C. 3506(c)(2)(A)]. This helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (11/03/09)

Final determination against federal acknowledgment of the Little Shell Tribe of Chippewa Indians of Montana, Tuesday, November 3, 2009, 74 FR 56861-02 , (PDF), 2009 WL 3566285

SUMMARY: Pursuant to 25 CFR 83.10(l)(2), notice is hereby given that the Department of the Interior (Department) has determined the Little Shell Tribe of Chippewa Indians of Montana, P.O. Box 1384, Great Falls, Montana 59403, is not entitled to be acknowledged as an Indian Tribe within the meaning of Federal law. This notice is based on a determination the petitioner does not satisfy all seven mandatory criteria set forth in 25 CFR 83.7, and thus does not meet the requirements for a government-to-government relationship with the United States.

Related News Story: Little Shells denied Bureau of Indian Affairs recognition, await congressional action (Indian Country Today) 11/4/09

NOTICES ENVIRONMENTAL PROTECTION AGENCY, (11/03/09)

Notice of Issuance Federal Operating Permit to Grand Casino Mille Lacs, Tuesday, November 3, 2009, 74 FR 56835-01 , (PDF), 2009 WL 3566207

SUMMARY: This notice announces that, on August 27, 2009, pursuant to Title V of the Clean Air Act, EPA issued a Title V Permit to Operate (Title V permit) to Mille Lacs Band Corporate Commission (Grand Casino Mille Lacs). This permit authorizes Grand Casino Mille Lacs to operate its four diesel-fired generator sets (generators) at its facility (Facility) in Onamia, Minnesota. The electricity produced from the generators can be used for peak load management, as well as backup power for the Grand Casino Mille Lacs Resort and Hotel, which is located on lands held in trust for the Mille Lacs Band of Ojibwe Indians, and which is located within the boundaries of the Mille Lacs Indian Reservation.

October

NOTICES DEPARTMENT OF THE INTERIOR, Office of the Special Trustee for American Indians, (10/16/09)

Notice and Request for Comments, Friday, October 16, 2009, 74 FR 53292-01 , (PDF), 2009 WL 3316793

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

NOTICES DEPARTMENT OF THE INTERIOR, Office of the Secretary, (10/13/09)

Proposed appointment to the National Indian Gaming Commission, Tuesday, October 13, 2009, 74 FR 52500-01 , (PDF), 2009 WL 3254094

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

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 542 and 543 (10/09/09)

Minimum internal control standards for Class II Gaming, Friday, October 9, 2009, 74 FR 52138-01, (PDF), 2009 WL 3228867

SUMMARY: The National Indian Gaming Commission ("NIGC") announces the extension of the effective date on the final rule for Minimum Internal Control Standards for Class II Gaming. The final rule was published in the Federal Register on October 10, 2008. The Commission has changed the effective date for the amendments to ss 542.7 and 542.16 as well as the date for operations to implement tribal internal controls found in 543.3(c)(3) to October 13, 2010, in order to extend the transition time.

September

PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 49 (09/30/09)

Assessment of anticipated visibility improvements at surrounding Class I Areas and cost effectiveness of best available retrofit technology for Four Corners Power Plant and Navajo generating station: Advanced notice of proposed rulemaking , Wednesday, September 30, 2009, 74 FR 50154-01, (PDF), 2009 WL 3094434

SUMMARY: EPA is announcing an extension of the public comment period on our Advanced Notice of Proposed Rulemaking (ANPR) regarding our assessment of anticipated visibility improvements at surrounding Class I areas and the cost effectiveness of Best Available Retrofit Technology (BART) for Four Corners Power Plant and Navajo Generating Station (August 28, 2009). Through this notice, EPA extends the close of the ANPR comment period from September 28, 2009 until October 28, 2009.

PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 49 (09/28/09)

Approval and promulgation of air quality implementation plans; Mohegan Tribe of Indians of Connecticut , Monday, September 28, 2009, 74 FR 49356-01 , (PDF), 2009 WL 3062153

SUMMARY: EPA is proposing to approve a Tribal Implementation Plan ("TIP") submitted by the Mohegan Tribe of Indians of Connecticut ("the Tribe"). This revision adds new emission units to the Tribe's TIP, while maintaining an enforceable cap on nitrogen oxide emissions from stationary sources owned by the Mohegan Tribal Gaming Authority and located within the external boundaries of the Mohegan Reservation. The revision also provides the Administrator of The Mohegan Environmental Protection Department with enforcement authority for violations of the Mohegan TIP and establishes a right of appeal to the Director of Regulation and Compliance and the Mohegan courts. This action is intended to help attain the National Ambient Air Quality Standards (NAAQS) for ground-level ozone. This action is being taken in accordance with the Clean Air Act.

RULES and REGULATIONS ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 49 (09/28/09)

Approval and promulgation of air quality implementation plans; Mohegan Tribe of Indians of Connecticut , Monday, September 28, 2009, 74 FR 49327-01 , (PDF), 2009 WL 3062168

SUMMARY: EPA is proposing to approve a Tribal Implementation Plan ("TIP") submitted by the Mohegan Tribe of Indians of Connecticut ("the Tribe"). This revision adds new emission units to the Tribe's TIP, while maintaining an enforceable cap on nitrogen oxide emissions from stationary sources owned by the Mohegan Tribal Gaming Authority and located within the external boundaries of the Mohegan Reservation. The revision also provides the Administrator of The Mohegan Environmental Protection Department with enforcement authority for violations of the Mohegan TIP and establishes a right of appeal to the Director of Regulation and Compliance and the Mohegan courts. This action is intended to help attain the National Ambient Air Quality Standards (NAAQS) for ground-level ozone. This action is being taken in accordance with the Clean Air Act.

RULES and REGULATIONS DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service 50 CFR Part 20 (09/25/09)

Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2009-10 Late Season , Friday, September 25, 2009 , 74 FR 49292-01 , (PDF), 2009 WL 3046301

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

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service (09/24/09)

FY 2010 Special Diabetes Program for Indians; Community-Directed Grant Program , Thursday, September 24, 2009 , 74 FR 48751-02 , (PDF), 2009 WL 3028085

SUMMARY: The SDPI seeks to support diabetes treatment and prevention activities for American Indian/Alaska Native (AI/AN) communities. Grantees will implement programs based on identified diabetes-related community needs. Activities will be targeted to reduce the risk of diabetes in at-risk individuals, provide services that target those with new onset diabetes, provide high quality care to those with diagnosed diabetes, and/or reduce the complications of diabetes. The purpose of the FY 2010 SDPI Community-Directed grant program is to support diabetes treatment and prevention programs that have a program plan which integrates at least *48752 one IHS Diabetes Best Practice and that have a program evaluation plan in place which includes tracking outcome measures.

NOTICES ENVIRONMENTAL PROTECTION AGENCY, (09/17/09)

Notice of Availability of "Award of Special Appropriations Act Project Grants authorized by the agency's FY 2009 Appropriations Act" , Thursday, September 17, 2009 , 74 FR 47791-01, (PDF), 2009 WL 2956850

SUMMARY: EPA is announcing the availability of a memorandum entitled "Award of Special Appropriations Act Project Grants Authorized by the Agency's FY 2009 Appropriations Act." This memorandum provides information and guidelines on how EPA will award and administer grants for the special projects identified in the State and Tribal Assistance Grants (STAG) account of the Agency's FY 2009 Appropriations Act (Pub. L. 111-8). The STAG account provides budget authority for funding identified water, wastewater and groundwater infrastructure projects. Each grant recipient will receive a copy of this document from EPA.

NOTICES DEPARTMENT OF INTERIOR, Minerals Management Service, (09/11/09)

Major portion prices and due date for additional royalty payments on Indian gas production in designated areas not associated with an index zone , Friday, September 11, 2009 , 74 FR 46788-01, (PDF), 2009 WL 2899973

SUMMARY: Final regulations for valuing gas produced from Indian leases, published August 10, 1999, require MMS to determine major portion prices and notify industry by publishing the prices in the Federal Register. The regulations also require MMS to publish a due date for industry to pay additional royalty based on the major portion prices. This notice provides the major portion prices for the 12 months of 2007.

RULES AND REGULATIONS DEPARTMENT OF INTERIOR, Fish and Wildlife Service, 50 CFR Part 20 (09/2/09)

Migratory bird hunting; Migratory bird hunting regulations on certain Federal Indian Reservations and ceded lands for the 2009-10 Early Season , Wednesday, September 2, 2009, 74 FR 45343-01 , (PDF), 2009 WL 2762038

SUMMARY: The Bureau of Indian Affairs (BIA) published a document in the Federal Register of August 18, 2009, concerning the Assistant Secretary-Indian Affairs proclaiming approximately 147 acres as the Match-e-be-nash-she-wish Band of Pottawatomi Indian Reservation. The document contained an error in the legal description.

August

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs, (08/31/09)

Water delivery and electric service data for the operation of irrigation and power projects and systems: Proposed information collection , Monday, August 31, 2009, 74 FR 44867-01 , (PDF), 2009 WL 2703751

SUMMARY: As required by the Paperwork Reduction Act, the Bureau of Indian Affairs (BIA) is submitting the following information collections to the Office of Management and Budget for renewal: (1) Electrical Service Application, 25 CFR 175, OMB Control Number 1076-0021; and (2) Water Request, 25 CFR 171, OMB Control Number 1076-0141. Current approvals for the collections expire August 31, 2009.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs, (08/28/09)

Proclaiming Certain Lands as a Reservation for the Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan, aka, Gun Lake Tribe , Friday, August 28, 2009, 74 FR 44381-01 , (PDF), 2009 WL 2628451

SUMMARY: The Bureau of Indian Affairs (BIA) published a document in the Federal Register of August 18, 2009, concerning the Assistant Secretary-Indian Affairs proclaiming approximately 147 acres as the Match-e-be-nash-she-wish Band of Pottawatomi Indian Reservation. The document contained an error in the legal description.

PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 81, (08/27/09)

Designation of areas for air quality planning purposes; California; San Joaquin Valley, South Coast air basin, Coachella Valley, and Sacramento metro ozone nonattainment areas; Reclassification, Thrusday, August 27, 2009, 74 FR 43654-01, (PDF), 2009 WL 2610963

SUMMARY: Under the Clean Air Act, EPA is proposing to grant requests by the State of California to reclassify the following four areas designated as nonattainment for the 1997 8-hour ozone national ambient air quality standard: the San Joaquin Valley area from "serious" to "extreme," the South Coast Air Basin area from "severe-17" to "extreme," and the Coachella Valley and Sacramento Metro areas from "serious" to "severe-15." In connection with the reclassifications, EPA is proposing to establish a deadline of no later than 12 months from the effective date of reclassification for submittal of revisions to the Coachella Valley and Sacramento Metro area portions of the California State Implementation Plan (SIP) to meet certain additional requirements for "severe-15" 8-hour ozone nonattainment areas. EPA has already received SIP revision submittals addressing most of the additional SIP requirements for these two areas and has received all of the related SIP revision submittals for San Joaquin Valley and the South Coast Air Basin. The Agency is not proposing a SIP revision schedule for any SIP requirements for which SIP submittals have already been received.

NOTICES DEPARTMENT OF AGRICULTURE, Farm Service Agency, (08/27/09)

Notice of Funds Availability (NOFA) to invite applications for the American Indian Credit Outreach Initiative , Thursday, August 27, 2009, 74 FR 42683-02, (PDF), 2009 WL 2579729

SUMMARY: The Farm Service Agency (FSA) is requesting applications for competitive cooperative agreement funds for Fiscal Year (FY) 2010 for the credit outreach initiative targeted to American Indian farmers, ranchers, and youth residing primarily on Indian reservations within the contiguous United States. Subject to the availability of appropriations, FSA anticipates the availability of up to $1,135,000 in funding and the award to one successful applicant through a Cooperative Agreement. This request for applications is being made prior to passage of an FY 2010 appropriations bill to allow applicants sufficient time to submit proposals, give the Agency maximum time to process applications, and permit continuity of this program. There is no certainty that there will be appropriated funds to fund these applications, so applicants submitting applications prior to the availability of appropriated funds do so at the risk that there may be no funding. FSA requests proposals from eligible nonprofit organizations, land-grant institutions, and federally-recognized Indian tribal governments interested in a competitively-awarded cooperative agreement to create and implement a mechanism that will provide credit outreach and promotion, pre-loan education, and one-on-one loan application preparation assistance to American Indian farmers, ranchers, and youth. Successful proposals may include other innovative services intended to enhance participation by American Indians in specific FSA Agricultural Credit Programs.

NOTICES ENVIRONMENTAL PROTECTION AGENCY, Bureau of Indian Affairs, (08/26/09)

Final EPA Region 4 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities , Wednesday, August 26, 2009, 74 FR 43120-01, (PDF), 2009 WL 2600382

SUMMARY: EPA Region 4 is issuing the final National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from new dischargers engaged in large and small construction activities on Indian Country Lands within Region 4. Hereinafter, this NPDES general permit will be referred to as "permit" or "2009 construction general permit" or "2009 CGP." "New dischargers" are those who did not file a notice of intent ("NOI") to be covered under the 2004 construction general permit ("2004 CGP") before it expired. Existing dischargers who properly filed an NOI to be covered under the 2004 CGP continue to be authorized to discharge under that permit according to its terms. This 2009 CGP contains generally the same limits and conditions as the National CGP that was issued by other EPA regions and became effective on June 30, 2008 ("2008 National CGP"). EPA Region 4 is issuing this CGP for a period not to exceed two (2) years and will make the permit available to new construction activities and unpermitted ongoing activities only.

RULES AND REGULATIONS DEPARTMENT OF INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502, 514, 531, 533, 535, 537, 539, 556, 558, 571, and 573, (08/25/09)

Amendments to various National Indian Gaming Commission Regulations, Tuesday, August 25, 2009, 74 FR 42775-01, (PDF), 2009 WL 2588644

SUMMARY: The National Indian Gaming Commission ("NIGC") announces the extension of the effective date on the final rule concerning various amendments to the National Indian Gaming Commission regulations. The final rule was published in the Federal Register on July 27, 2009. The Commission has changed the effective date to December 31, 2009, in order to extend the transition time.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs, (08/24/09)

Proposed finding against acknowledgment of the Brothertown Indian Nation , Monday, August 24, 2009, 74 FR 42683-02, (PDF), 2009 WL 2579729

SUMMARY: The Department of the Interior (Department) gives notice that the Acting Principal Deputy Assistant Secretary--Indian Affairs (PDAS-IA) proposes to determine that the petitioner known as the Brothertown Indian Nation 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 the applicable regulations, and, therefore, does not meet the requirements for a government-to-government relationship with the United States.

Related News Stories: Brothertown tribal status turned down (Fond du Lac Reporter) 8/20/09

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs, (08/19/09)

Environmental impact statement for the Spokane Tribe's 2719(b)(1)(A) application and for the proposed West Plains Mixed-Use Development Project, Spokane County, WA, Wednesday, August 19, 2009, 74 FR 41928-01, (PDF), 2009 WL 2512274

SUMMARY: This notice advises the public that the Bureau of Indian Affairs (BIA) as Lead Agency, in cooperation with the Spokane Tribe of Indians (Tribe), intends to prepare an environmental impact statement (EIS) for a proposed mixed-use development and corresponding master plan for a 145-acre parcel of trust land adjacent to the City of Airway Heights, Spokane County, Washington. The project site may include, but is not limited to, a variety of proposed land uses such as a casino resort and hotel; commercial retail uses; offices; medical facilities; recreational, cultural, and entertainment facilities; and related parking. The purpose of the proposed action is to improve the economy of the Tribe and help their members attain economic self sufficiency. This notice also announces a public scoping meeting to identify potential issues and content for inclusion in the EIS.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs, (08/18/09)

Proclaiming certain lands as reservation for the Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan, aka, Gun Lake Tribe, Tuesday, August 18, 2009, 74 FR 41740-02, (PDF), 2009 WL 2494934

SUMMARY: This notice informs the public that the Assistant Secretary--Indian Affairs proclaimed approximately 147 acres, more or less, as the Match-e-be-nash-she-wish Band of Pottawatomi Indian Reservation.

RULES AND REGULATIONS DEPARTMENT OF INTERIOR, Bureau of Indian Affairs, 25 CFR Parts 26 and 27, (08/17/09)

Job placement and training, Monday, August 17, 2009, 74 FR 41328-01, (PDF), 2009 WL 2485494

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

RULES AND REGULATIONS DEPARTMENT OF EDUCATION, 34 CFR Part 371, (08/12/09)

Vocational rehabilitation service projects for American Indians with disabilities, Wednesday, August 12, 2009, 74 FR 40495-01, (PDF), 2009 WL 2447014

SUMMARY: The Secretary amends the regulations for the American Indian Vocational Rehabilitation Services (AIVRS) program to permit a consortium of Indian Tribes to establish a separate legal entity to apply for a grant under this program. This change is needed to provide the flexibility required by the Department to make grants to Indian Tribes that choose to form a consortium and, rather than authorizing one of the Indian Tribes of the consortium to serve as the grantee, create a separate legal entity that serves as the grantee on behalf of the consortium and that is responsible for using the grant funds to provide services to all the Indian Tribes in the consortium.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs, (08/11/09)

Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs, Tuesday, August 11, 2009, 74 FR 40218-02, 2009 WL 2430736

SUMMARY: This notice publishes the current list of 564 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 April 4, 2008 (73 FR 18553).

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs, (08/07/09)

Class III Gaming; Tribal Revenue Allocation Plans; Gaming on Trust Lands, Friday, August 7, 2009, 74 FR 39708-01, (PDF), 2009 WL 2407303

SUMMARY: In compliance with the Paperwork Reduction Act, the Bureau of Indian Affairs (BIA) is submitting the following information collections to the Office of Management and Budget (OMB) for renewal: Class III Gaming Procedures 25 CFR 291, 1076-0149; Tribal Revenue Allocation Plans 25 CFR 290, 1076- 0152; and Gaming On Trust Lands Acquired After October 17, 1988, 25 CFR 292, 1076-0158. The current approvals for the first two collections (1076- 1049 and 1076-0152) expire August 31, 2009 and the current approval for the third collection (1076-0158) expires February 28, 2010. Renewal will allow us to continue to collect the information necessary to comply with the Indian Gaming Regulatory Act (IGRA).

July

PROPOSED RULES DEPARTMENT OF INTERIOR, National Indian Gaming Commission, 25 CFR Part 515 (07/28/09)

Privacy Act Procedures, Tuesday, July 28, 2009, 74 FR 37180-01, (PDF), 2009 WL 2222512

SUMMARY: The purpose of this document is to propose to amend the procedures followed by the National Indian Gaming Commission (Commission) when processing a request under the Privacy Act of 1974. The proposed amendments make the following changes to the current regulations. Section 515.3 changes the address of the Commission, provides a list of items to include in requests to the Commission, and provides the necessary requirements for third party requests. Section 515.4 includes the Commission policy for dealing with other agencies and designates an individual responsible for making initial Privacy Act determinations. Section 515.5 explains what constitutes an adverse determination. Section 515.6 changes the time for appeals of adverse determinations from 180 days to 30 days. Section 515.8 details when the Commission is required to provide an accounting of the records it discloses. Finally, Section 515.12 updates the list of records that are exempt from disclosure under the Privacy Act.

RULES and REGULATIONS DEPARTMENT OF INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502, 514, 531, 533, 535, 537, 539, 556, 558, 571, 573 (07/27/09)

Amendments to Various National Indian Gaming Commission Regulations, Monday, July 27, 2009, 74 FR 36926-01, (PDF), 2009 WL 2207289

SUMMARY: The final rule modifies various Commission regulations to reduce by half the fee reporting burdens on tribes, remove obsolete provisions, clarify existing appellate procedures, update and clarify management contract procedures and costs for background investigations, clarify various definitions and licensing notices, update audit requirements to allow for simplified and consolidated reporting in certain circumstances, and add gaming on ineligible lands to the class of substantial violations warranting immediate closure.

NOTICES DEPARTMENT OF LABOR, Employment and Training Administration, (07/22/09)

Notice of Renewal of the Native American Employment and Training Council (NAETC) Charter, Wednesday, July 22, 2009, 74 FR 36269-01, (PDF), 2009 WL 2160879

SUMMARY: Notice is hereby given of the renewal of the Workforce Investment Act (WIA), Section 166 Indian and Native American program Charter that is necessary and in the public interest. Accordingly, the U.S. Department of Labor (DOL), the Employment and Training Administration has renewed the NAETC Charter for two years and has made changes to the terms of members.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs (07/13/09)

Restoration of Wilton Rancheria, Monday, July 13, 2009, 74 FR 33014-02, (PDF), 2009 WL 2000860

SUMMARY: This notice is published pursuant to a court order and relates to restoration of the Wilton Miwok Rancheria, its members, and Dorothy Andrews, and the Me-Wuk Indian Community of the Wilton Rancheria. See the SUPPLEMENTARY INFORMATION section of this notice for details.

NOTICES DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration (07/9/09)

Membership in the National Parks Overflights Advisory Group Aviation Rulemaking Committee, Thursday, July 9, 2009, 74 FR 33014-02, (PDF), 2009 WL 1952305

SUMMARY: By Federal Register notice (See 74 FR 16442; April 10, 2009) the National Park Service (NPS) and the Federal Aviation Administration (FAA) invited interested persons to apply to fill six upcoming openings on the National Parks Overflights Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC). The notice invited interested persons to apply to fill six vacancies representing commercial air tour operators (2), general aviation (1), Native American tribal (1), and environmental (2) concerns due to the incumbent members' completion of three-year term appointments on October 9, 2009. This notice informs the public of the persons selected to fill four of the six vacancies on the NPOAG ARC. Vacancies filled include the two commercial tour operator openings, the general aviation opening, and one of the environmental openings. Since the previous notice did not draw enough responses from individuals for the Native American tribal opening or the remaining environmental vacancy, NPS and FAA are also using this notice to invite other interested individuals to apply for these two remaining openings. If you responded to the initial notice, for either the Native American tribal or environmental openings, you will still be under consideration and need not re-apply.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Office of the Assistant Secretary for Policy Development and Research, HUD (07/1/09)

Notice of Availability: Notice of Funding Availability (NOFA) for Fiscal Year (FY) 2009 Tribal Colleges and Universities Program, Wednesday, July 1, 2009, 74 FR 31462-02, (PDF), 2009 WL 1868830

SUMMARY: Through this notice, HUD announces the availability on its Web site of the application information, submission deadlines, funding criteria, and other requirements for the FY2009 Tribal Colleges and Universities Program NOFA. This NOFA makes approximately $5 million available to assist Tribal Colleges and Universities (TCU) to build, expand, renovate, and equip their own facilities, and to 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. The notice providing information regarding the application process, funding criteria and eligibility requirements is available on the HUD Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm

NOTICES ENVIRONMENTAL PROTECTION AGENCY, Environmental Protection Agency , (07/1//09)

Issuance of a Final NPDES General Permit (GP) for Federal Aquaculture Facilities and Aquaculture Facilities Located in Indian Country Within the Boundaries of the State of Washington (Permit Number WAG-13-0000), Wednesday, July 1, 2009, 74 FR 31425-02, (PDF), 2009 WL 1868783

SUMMARY: On November 12, 2008, the Director, Office of Water and Watersheds, EPA Region 10, proposed to issue a general permit to cover federal aquaculture facilities and aquaculture facilities in Indian Country in the State of Washington that meet minimum size thresholds of 20,000 pounds annual production and 5,000 pounds of feed used in the maximum month of feeding. During the 47- day comment period, EPA received comments from six people representing four organizations and has prepared a Response to Comments document to explain changes made in the permit and reasons for not making changes that were requested. EPA received certification for the permit under Section 401 of the Clean Water Act from the Lummi Nation, the Makah Tribe, the Spokane Tribe, the Tulalip Tribes, and the Washington Department of Ecology.

 

NOTICES DEPARTMENT OF COMMERCE, Bureau of the Census, (07/1/09)

Procedures for Participating in the 2010 Decennial Census New Construction Program, Wednesday, July 1, 2009, 74 FR 31405-01, (PDF), 2009 WL 1868764

SUMMARY: The Bureau of the Census (Census Bureau) requests public comment on the New Construction Program, which allows tribal and local governments to submit lists of addresses for newly constructed housing units to the Census Bureau. The purpose of this program is to ensure that the Census Bureau's address list is as complete and accurate as possible for the conduct of the Decennial Census on April 1, 2010.


June

NOTICES PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL, (06/26/09)

Amended Columbia River Basin Fish and Wildlife Program, Friday, June 26, 2009, 74 FR 30645-02, (PDF), 2009 WL 1810672

SUMMARY: Pursuant to section 4(h) of the Northwest Power Act, the Council has amended its Columbia River Basin Fish and Wildlife Program (program). The final amended program may be found on the Council's Web site at http:// www.nwcouncil.org/fw/program. Background: Pursuant to section 4(h) of the Northwest Power Act, in November 2007 the Northwest Power and Conservation Council requested in writing that State and Federal fish and wildlife agencies, Indian tribes, and others submit recommendations for amendments to the Council's Columbia River Basin Fish and Wildlife Program. The Council received over 3000 pages of recommendations and supporting information from 65 entities. The Council then received extensive written public comment on the program amendment recommendations. In September 2008, after reviewing the recommendations, the supporting information, and the comments received on the recommendations, the Council released for public review a draft revised Fish and Wildlife Program. The Council received over 1000 pages of substantial written comments on the draft amendments. All of these documents may be found on the Council's Web site at http://www.nwcouncil.org/fw/program/2008amend. The Council also took oral testimony at a dozen public hearings around the region. Transcripts of these hearings are in the administrative record along with the written comments. As specified in section 4(h)(5), the Council also held a number of consultations on the recommendations and draft amendments with representatives of State and Federal fish and wildlife agencies, Indian tribes, Federal hydrosystem agencies, and customers of the Bonneville Power.

NOTICES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs, (06/19/09)

Tribal Colleges and Universities Grants and Annual Reports, Friday, June 19, 2009, 74 FR 29229-01, (PDF), 2009 WL 1702921

SUMMARY: As required by the Paperwork Reduction Act, the Bureau of Indian Affairs (BIA) is submitting the following information collections to the Office of Management and Budget for renewal: (1) Tribal Colleges and Universities Annual Report Form, 25 CFR 41.9, OMB Control No. 1076-0105; and (2) Tribal Colleges and Universities Grant Application Form, 25 CFR 41.8, OMB Control No. 1076-0018.

RULES AND REGULATIONS ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 35
(06/16/09)

Inclusion of CERCLA Section 128(a) State Response Programs and Tribal Response Programs, Tuesday, June 16, 2009, 74 FR 25161-01, (PDF), 2009 WL 1657327

SUMMARY: This final rule revises regulations to include State Response Programs and Tribal Response Programs under Section 128(a) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as among the Environmental Program Grants eligible for inclusion in a Performance Partnership Grant (PPG). The rule also adds State Response Program and Tribal Response Program specific provisions.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service, (06/15/09)

Competitive Targeted Solicitation Funding Opportunity, Monday, June 15, 2009, 74 FR 28250-01, (PDF), 2009 WL 1649017

SUMMARY: none provided

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Office of the Assistant Secretary for Public and Indian Housing, Office of Native American Programs, HUD, (06/4/09)

Notice of Availability: Notice of Funding Availability (NOFA) for Fiscal Year (FY) 2009 Indian Community Development Block Grant (ICDBG) Program for Indian Tribes and Alaska Native Villages, Thursday, June 4, 2009, 74 FR 26879-01, (PDF), 2009 WL 1542630

SUMMARY: HUD announces the availability of funds and the funding criteria for the Fiscal Year (FY) 2009 Indian Community Development Block Grant (ICDBG) Program for Indian Tribes and Alaska Native Villages. The Notice of Funding Availability (NOFA) makes approximately $65 million available under the Department of Housing and Urban Development Appropriations Act 2009 (Pub. L. 111-8, approved March 11, 2009). Applicants for assistance under this NOFA must address applicable requirements in the FY 2009 ICDBG NOFA and the Notice of HUD's Fiscal Year 2009 Notice of Funding Availability (NOFA) Policy Requirements and General Section to the HUD's FY2009 NOFAs for Discretionary Programs; Notice (also known as the General Section) published on December 29, 2008 (73 FR 79548), as amended on April 16, 2009 (74 FR 17685). Applicants should take particular note that they should follow the application submission instructions contained in the NOFA and not use those in the General Section. The notice providing information regarding the application process, funding criteria and eligibility requirements is available on the HUD Web site at http://www.hud.gov/offices/pih/ih/grants/icdbgl.cfm.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (06/1/09)

Plan for the Use and Distribution of Judgment Funds Awarded to the Pueblo of San Ildefonso in Docket 660-87L, Monday, June 1, 2009, 74 FR 26254-02, (PDF), 2009 WL 1508621

SUMMARY: Notice is hereby given that the plan for the use and distribution of the judgment funds awarded to the Pueblo of San Ildefonso v. U.S., Docket 660-87L, is effective as of March 10, 2009. The judgment fund was awarded by the United States Court of Federal Claims on June 10, 1991, and appropriated on August 14, 1991.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Office of the Assistant Secretary for Public and Indian Housing, HUD, (06/1/09)

Notice of Availability: Notice of Funding Availability (NOFA) for Native American Housing Block Grant Program Under the American Recovery and Reinvestment Act of 2009, Monday, June 1, 2009, 74 FR 26254-01, (PDF), 2009 WL 1508620

SUMMARY: HUD announces the availability of, and funding criteria for, approximately $242,250,000 available in competitive grants to Indian tribes and other entities eligible to receive Native American Housing and Self-Determination Act (NAHASDA) funds under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5, approved February 17, 2009). The assistance is intended to preserve and create jobs, promote economic recovery, assist those impacted by the recession, and invest in transportation, environment and infrastructure that will provide long-term economic benefits. The notice establishing program requirements is available on the HUD Web site at: http:// www.hud.gov/recovery.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Office of the Assistant Secretary for Public and Indian Housing, HUD, (06/1/09)

Notice of Availability: Notice of Funding Availability (NOFA) for the Indian Community Development Block Grant (ICDBG) Program Under the American Recovery and Reinvestment Act of 2009 (FR-5318-N-01), Monday, June 1, 2009, 74 FR 26253-01, (PDF), 2009 WL 1508619

SUMMARY: HUD announces the availability of, and funding criteria for, approximately $10 million that is available to Indian tribes and tribal organizations that received ICDBG grants in Fiscal Year 2008, authorized under the American Recovery and Reinvestment Act of 2009 (Public L aw 111-5, approved February 17, 2009). This assistance is intended to preserve and create jobs, promote economic recovery, assist those impacted by the recession, and invest in transportation, environment and infrastructure that will provide long-term economic benefits. The notice establishing program requirements and funding criteria is available on the HUD Web site at: http:// www.hud.gov/recovery/icdblockh.cfm.

May

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Office of the Assistant Secretary for Public and Indian Housing, (05/29/09)

Waiver of Certain Requirements in the Competitive and Noncompetitive Native American Housing Block Grant and the Indian Community Development Block Grant Programs Under the American Recovery and Reinvestment Act of 2009, Friday, May 29, 2009, 74 FR 25761-01, (PDF), 2009 WL 1490097

SUMMARY: This notice implements actions to facilitate the expedited award and use of economic stimulus funds made available under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5, approved February 17, 2009) (Recovery Act) for Native Americans. Accordingly, this notice identifies and advises the public of HUD statutes and regulations governing HUD's Native American Housing Block Grant (NAHBG) program, also known as the Indian Housing Block Grant (IHBG) program, and the Indian Community Development Block Grant (ICDBG) program that have been waived or temporarily suspended or deferred. These waivers are authorized in order to facilitate the expedited delivery and use of Federal Recovery Act funds for NAHBG and ICDBG housing and community development initiatives that are two of several components authorized by the Recovery Act to help stimulate the economy and alleviate the effects of a national recession. These waivers apply only to assistance appropriated by the Recovery Act, both formula and competitive, and do not apply to fiscal year appropriations for the IHBG and ICDBG programs under the Omnibus Appropriations Act, 2009 (Pub. L. 111-8, approved March 11, 2009). Tribes, Tribal organizations, and Tribally designated housing entities (TDHEs) that administer NAHBG and ICDBG programs should review this notice to determine which program requirements if waived, will ensure that Recovery Act funds can be awarded quickly and efficiently to meet the objectives of the Recovery Act. The waivers listed in this notice are applicable only to Recovery Act funds and will remain in effect until September 30, 2012. Tribes, Tribal organizations, and TDHEs awarded Recovery Act funds for NAHBG or ICDBG activities have been granted.

RULES AND REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families, 45 CFR Part 286
(05/27/09)

Temporary Assistance for Needy Families (TANF) Carry-Over Funds, Wednesday, May 27, 2009, 74 FR 25161-01, (PDF), 2009 WL 1455773

SUMMARY: This rule implements the statutory change to section 404(e) of the Social Security Act (42 U.S.C. 604(e)) as enacted by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). This change allows States, Tribes and Territories to use Temporary Assistance for Needy Families (TANF) program funds carried over from a prior year for any allowable TANF benefit, service or activity. Previously these funds could be used only to provide assistance. This interim final rule applies to States, local governments, and Tribes that administer the TANF program.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Indian Health Service, (5/8/09)

Tribal Management Grant Program , Friday, May 8, 2009, 74 FR 21699-02 , (PDF), 2009 WL 1248692

SUMMARY: The Indian Health Service, HHS, published a document in the Federal Register Thursday, April 16, 2009. The document contained two errors.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, HUD, (5/7/09)

Announcement of Funding Awards for Fiscal Year 2008 for the Housing Choice Voucher Program , Thursday, May 7, 2009, 74 FR 21377-03 , (PDF), 2009 WL 1227545

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 to housing agencies (HAs) under the Section 8 housing choice voucher program. The purpose of this notice is to publish the names, addresses, and the amount of the awards to HAs for non-competitive funding awards for housing conversion actions, public housing relocations and replacements, moderate rehabilitation replacements, and HOPE VI voucher awards.

April

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (4/30/09)

Indian Reservation Roads , Thursday, April 30, 2009, 74 FR 19974-01 , (PDF), 2009 WL 1148120

SUMMARY: The Bureau of Indian Affairs (BIA) is submitting the information collection for the Indian Reservation Roads (IRR) Program, OMB Control No. 1076-0161, to the Office of Management and Budget for renewal. The current approval period is approaching expiration; this renewal will allow us to continue to operate the IRR program. This renewal is necessary for tribal participation in the IRR Program and for the allocation of funding for the IRR Program to federally recognized tribal governments for transportation assistance.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Office of Native American Programs, Office of Public and Indian Housing, HUD, (4/29/09)

Announcement of Funding Awards for the Indian Community Development Block Grant Program for Fiscal Year 2008 , Wednesday, April 29, 2009, 74 FR 19577-01 , (PDF), 2009 WL 1137602

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 2008 (FY 2008) 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 THE INTERIOR, Bureau of Indian Affairs, (4/28/09)

Indian Child Welfare Act; Receipt of Designated Tribal Agents for Service of Notice , Tuesday, April 28, 2009, 74 FR 19326-01 , (PDF), 2009 WL 1117040

SUMMARY: The regulations implementing the Indian Child Welfare Act provide that Indian Tribes may designate an agent other than the Tribal chairman for service of notice proceedings under the Act. This notice includes the current list of designated Tribal agents for service of notice, and includes each designated Tribal agent received by the Secretary of the Interior prior to the date of this publication.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (4/16/09)

Request for Nominations of Members To Serve on the Bureau of Indian Education Advisory Board for Exceptional Children , Thursday, April 16, 2009, 74 FR 17686-01 , (PDF), 2009 WL 1010131

SUMMARY: Pursuant to the Federal Advisory Committee Act and the Individuals with Disabilities Education Act, as amended by Public Law 108-446 (IDEA of 2004), the Bureau of Indian Education (BIE) requests nominations of individuals to serve on the Advisory Board for Exceptional Children (Advisory Board). The BIE will consider nominations received in response to this Request for Nominations, as well as other sources. The SUPPLEMENTARY INFORMATION section for this notice provides committee and membership criteria.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (4/16/09)

Advisory Board of Exceptional Children , Thursday, April 16, 2009, 74 FR 17687-01 , (PDF), 2009 WL 1010133

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

NOTICES DEPARTMENT OF ENERGY, Office of Energy Efficiency and Renewable Energy, (4/15/09)

Energy Efficiency and Conservation Block Grant Program--State, Local and Tribal Allocation Formulas, Wednesday, April 15, 2009, 74 FR 17461-01 , (PDF), 2009 WL 996177

SUMMARY: The Department of Energy (DOE or Department) is today publishing three formulas used to distribute funds allocated to (1) local government, (2) States, and (3) Indian tribes for the Energy Efficiency and Conservation Block Grant Program, as required by the Program's authorizing legislation, Title V, Subtitle E of the Energy Independence and Security Act of 2007 (Pub. L. 110- 140). The purpose of Energy Efficiency and Conservation Block Grant Program is to assist eligible local governments, States, and Indian tribes in implementing strategies to reduce fossil fuel emissions, to reduce total energy use, and improve energy efficiency. This notice provides the allocation formulas that are used to distribute funds to eligible entities. The formulas in today's notice were previously provided as part of the funding opportunity announcement issued for the Energy Efficiency and Conservation Block Grant Program.

NOTICES DEPARTMENT OF THE INTERIOR, National Park Service, (4/10/09)

Long Walk National Historic Trail Feasibility Study, Draft Environmental Impact Statement, National Trails System--Intermountain Region, NM, Friday, April 10, 2009, 74 FR 16419-01 , (PDF), 2009 WL 959754

SUMMARY: Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of a Draft Environmental Impact Statement for the Long Walk National Historic Trail Feasibility Study, National Trails System--Intermountain Region, New Mexico.

PROPOSED RULES DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service, 50 CFR Part 20
(4/10//09)

Migratory Bird Hunting; Proposed 2009-10 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2010 Spring and Summer Migratory Bird Subsistence Harvest Proposals in Alaska, Friday, April 10, 2009, 74 FR 16339-01, (PDF), 2009 WL 959735

SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2009-10 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2009-10 duck hunting seasons, requests proposals from Indian Tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2010 spring and summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide opportunities for recreation and sustenance; aid Federal, State, and Tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.

March

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs, (3/25//09)

Grant Program To Assess, Evaluate and Promote Development of Tribal Energy and Mineral Resources, Wednesday, March 25, 2009, 74 FR 12883-01 , (PDF), 2009 WL 761566

SUMMARY: The Energy and Mineral Development Program (EMDP) provides funding to tribes with the mission goal of assessing, evaluating, and promoting energy and mineral resources on Indian trust lands for the economic benefit of Indian mineral owners. To achieve these goals, the Department of the Interior's Office of Indian Energy and Economic Development (IEED), through its Division of Energy and Mineral Development (DEMD) office, is soliciting proposals from tribes. The Department will use a competitive evaluation process to select several proposed projects to
receive an award.

NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families, (3/13//09)

Request for Public Comment Concerning Requirements for Transferring Children From the Placement and Care Responsibility of a State Title IV-E Agency to a Tribal Title IV-E Agency and Tribal Share of Title IV-E Administration and Training Expenditures, Friday, March 13, 2009, 74 FR 10920-02 , (PDF), 2009 WL 631520

SUMMARY:Effective October 1, 2009, Public Law 110-351 provides Indian Tribes with the option to operate a foster care, adoption assistance and, at Tribal option, a kinship guardianship assistance program under title IV-E of the Social Security Act (the Act). The Federal government would share in the costs of Tribes operating an ACF-approved title IV-E program. Public Law 110-351 requires that ACF develop interim final rules after consulting with Tribes and affected States on the implementation of the Tribal plan requirements in section 479B of the Act and other amendments made by the Tribal provisions in section 301 of Public Law 110-351. The law requires that such regulations include: (1) Procedures to ensure that a transfer of State responsibility for the placement and care of a child under a State title IV-E plan to a Tribal title IV-E plan occurs in a manner that does not affect the child's eligibility for title IV-E or title XIX Medicaid and such services or payments; and, (2) the in-kind expenditures from third-party sources permitted for the Tribal share of administration and training expenditures under title IV-E. This notice is designed to provide a written opportunity for comment to all interested persons, and specifically the affected States and to notify Tribal leaders of in-person opportunities to consult with the Children's Bureau on the development of these regulations.

February

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs,
(2/27//09)

Tribal Reassumption of Jurisdiction Over Child Custody Proceedings, Friday, February 27, 2009, 74 FR 8981-02 , (PDF), 2009 WL 481829

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Bureau of Indian Affairs is seeking to extend clearance for an information collection request. The information collection, Tribal Reassumption of Jurisdiction over Child Custody Proceedings, is cleared under OMB Control Number 1076-0112. Interested parties are invited to comment on this collection.

NOTICES DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration,
(2/10//09)

Endangered and Threatened Species; Take of Anadromous Fish, Tuesday, February 10, 2009, 74 FR 6576-02 , (PDF), 2009 WL 304851

SUMMARY: Notice is hereby given that The Northwest Indian Fisheries Commission (NWIFC) has submitted an amendment to its Tribal Resource Management Plan (Tribal Plan) for NMFS to evaluate. The amendment would allow tribal researchers to take adult and juvenile Puget Sound steelhead and adult Puget Sound Chinook salmon in addition to the fish they already take under the current Tribal Plan. It was presented by the Bureau of Indian Affairs (BIA) on behalf of the Northwest Indian Tribes; the submission fulfills the Tribes' obligations under the protective regulations promulgated for Puget Sound Chinook salmon, Puget Sound steelhead, and Hood Canal summer-run chum salmon under the Endangered Species Act (ESA). The Tribal Plan describes research and assessment activities that may affect listed Puget Sound Chinook salmon, Puget Sound steelhead, and Hood Canal summer-run chum salmon in Washington State. NMFS has completed an evaluation of how well the Tribal Plan fulfills ESA criteria and proposes to determine that the Tribal Plan will not appreciably reduce any listed species' likelihood of survival and recovery. The Secretary of Commerce is making NMFS' evaluation and proposed determination available for public comment.

January

PROPOSED RULES DEPARTMENT OF THE INTERIOR, National Indian Gaming Commission, 25 CFR Parts 502, 514, 531, 533, 535, 537, 539, 556, 558, 571, and 573
(1/26//09)

Amendments to Various National Indian Gaming Commission Regulations, Monday, January 26, 2009 , 74 FR 4363-01, (PDF), 2008 WL 160771

SUMMARY:The National Indian Gaming Commission ("NIGC") announces the extension of the comment period on the proposed rule concerning various amendments to the National Indian Gaming Commission regulations. The proposed rule was published in the Federal Register on December 22, 2008 (73 FR 78242). The NIGC is extending the comment period to March 9, 2009.

PROPOSED RULES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families, 45 CFR Parts 1355 and 1356
(1/26//09)

Request for Public Comment Concerning Regulations for Transferring Children From the Placement and Care Responsibility of a State Title IV-E Agency to a Tribal Title IV-E Agency and Tribal Share of Title IV-E Administration and Training Expenditures, Monday, January 26, 2009 , 74 FR 4365-01, (PDF), 2008 WL 160773

SUMMARY: Effective October 1, 2009, Public Law 110-351 provides Indian Tribes with the option to operate a foster care, adoption assistance and, at tribal option, a kinship guardianship assistance program under title IV-E of the Social Security Act (the Act). The Federal government would share in the costs of Tribes operating an ACF-approved title IV-E program. Public Law 110-351 requires that ACF develop interim final rules after consulting with Tribes and affected States on the implementation of the tribal plan requirements in section 479B of the Act and other amendments made by the Tribal provisions in section 301 of Public Law 110-351. The law requires that such regulations include: (1) Procedures to ensure that a transfer of State or Tribal responsibility for the placement and care of a child under a State title IV-E plan to a Tribal title IV-E plan occurs in a manner that does not affect the child's eligibility for title IV-E or title XIX Medicaid and such services or payments; and, (2) the in-kind expenditures from third-party sources permitted for the Tribal share of administration and training expenditures under title IV-E. This notice is designed to provide a written opportunity for comment to all interested persons and notify Tribal leaders of in-person opportunities to consult with the Children's Bureau on the development of these.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
(1/13//08)

Redelegation of Authority for Office of Public and Indian Housing , Tuesday, January 13, 2009, 74 FR 1704-02, (PDF), 2008 WL 62321

SUMMARY: Through this notice, the Assistant Secretary for Public and Indian Housing retains and redelegates certain authority to the Deputy Assistant Secretaries of the Office of Public and Indian Housing (PIH).

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs ,
(1/12//08)

Advisory Board for Exceptional Children , Monday, January 12, 2009 , 74 FR 1245-01, (PDF), 2008 WL 54414

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

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs , 25 CFR Part 170
(1/12//08)

Indian Reservation Roads, Monday, January 12, 2009 , 74 FR 1244-02, (PDF), 2008 WL 54413

SUMMARY: The Bureau of Indian Affairs (BIA) is seeking comments on information collected for the Indian Reservation Roads (IRR) Program. When the rule was published three years ago, the information collection was approved for three years. We now must renew that approval so that we can continue to operate the IRR program. This renewal is necessary for tribal participation in the IRR Program and for the allocation of funding for the IRR Program to federally recognized tribal governments for transportation assistance.

NOTICES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
(1/12//08)

Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Initiation of Negotiated Rulemaking , Monday, January 12, 2009, 74 FR 1227-02, (PDF), 2008 WL 54405

SUMMARY: This notice announces that HUD is initiating negotiated rulemaking for the purpose of developing regulatory changes to the programs authorized under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). Changes to these programs were made by the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008, which also directs that HUD undertake negotiated rulemaking to implement the statutory revisions. This notice provides background information on the NAHASDA programs and describes the next steps in the negotiated rulemaking process.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs ,
(1/9//08)

Notice of Deadline for Submitting Completed Applications To Begin Participation in the Tribal Self-Governance Program in Fiscal Year 2010 or Calendar Year 2010, Friday, January 9, 2009, 74 FR 918-01, (PDF), 2008 WL 46818

SUMMARY: In this notice, the Office of Self-Governance (OSG) establishes a March 2, 2009, deadline for Indian tribes/consortia to submit completed applications to begin participation in the tribal self-governance program in fiscal year 2010 or calendar year 2010.

NOTICES DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs ,
(1/9//08)

Land Acquisitions; Muckleshoot Indian Tribe, Washington, Friday, January 9, 2009, 74 FR 918-02, (PDF), 2008 WL 46819

SUMMARY: The Acting Deputy Assistant Secretary for Policy and Economic Development made a final agency determination to acquire approximately 22.00 acres of land into trust for the Muckleshoot Indian Tribe, Washington on December 12, 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 THE INTERIOR, Bureau of Indian Affairs ,
(1/6//09)

No Child Left Behind Act of 2001, Tuesday, January 6, 2009, 74 FR 454-01, (PDF), 2008 WL 20764

SUMMARY: The Secretary of the Interior is extending the deadline from December 8, 2008, to January 23, 2009, for tribes to nominate individuals for membership on the No Child Left Behind Negotiated Rulemaking Committee. This committee will work with the Department of the Interior to develop recommendations for proposed regulations regarding the BIE-funded school facilities as required by the No Child Left Behind Act of 2001.

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