Federal Register


Posted: April 19, 2018
More: hearth act, oneida, taxation, wisconsin

On January 23, 2018, the Bureau of Indian Affairs (BIA) approved the Oneida Nation of Wisconsin (previously listed as Oneida Tribe of Indians of Wisconsin) (Nation) leasing regulations under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Nation is authorized to enter into business, agricultural and residential leases without further BIA approval.


The HEARTH Act makes a voluntary, alternative land leasing process available to Tribes, by amending the Indian Long-Term Leasing Act of 1955, 25 U.S.C. 415. The HEARTH Act authorizes Tribes to negotiate and enter into agricultural and business leases of Tribal trust lands with a primary term of 25 years, and up to two renewal terms of 25 years each, without the approval of the Secretary of the Interior (Secretary). The HEARTH Act also authorizes Tribes to enter into leases for residential, recreational, religious or educational purposes for a primary term of up to 75 years without the approval of the Secretary. Participating Tribes develop Tribal leasing regulations, including an environmental review process, and then must obtain the Secretary's approval of those regulations prior to entering into leases. The HEARTH Act requires the Secretary to approve Tribal regulations if the Tribal regulations are consistent with the Department of the Interior's (Department) leasing regulations at 25 CFR part 162 and provide for an environmental review process that meets requirements set forth in the HEARTH Act. This notice announces that the Secretary, through the Assistant Secretary—Indian Affairs, has approved the Tribal regulations for the Oneida Nation of Wisconsin.



Posted: April 18, 2018
More: ihcia, loans

The Indian Health Service (IHS) estimated budget for fiscal year (FY) 2018 includes $27,500,000 for the IHS Loan Repayment Program (LRP) for health professional educational loans (undergraduate and graduate) in return for full-time clinical service as defined in the IHS LRP policy at www.ihs.gov/​loanrepayment/​policiesandprocedures in Indian health programs.


This notice is being published early to coincide with the recruitment activity of the IHS which competes with other Government and private health management organizations to employ qualified health professionals.


This program is authorized by the Indian Health Care Improvement Act (IHCIA) Section 108, codified at 25 U.S.C. 1616a.



Posted: April 17, 2018
More: self-governance

The Indian Health Service (IHS) Office of Tribal Self-Governance (OTSG) is accepting applications for Negotiation Cooperative Agreements for the Tribal Self-Governance Program (TSGP). This program is authorized under: Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA), 25 U.S.C. 5383(e). This program is described in the Catalog of Federal Domestic Assistance (CFDA) under 93.444.


Background

The TSGP is more than an IHS program; it is an expression of the Government-to-Government relationship between the United States (U.S.) and Indian Tribes. Through the TSGP, Tribes negotiate with the IHS to assume Programs, Services, Functions, and Activities (PSFAs), or portions thereof, which gives Tribes the authority to manage and tailor health care programs in a manner that best fits the needs of their communities.


Participation in the TSGP affords Tribes the most flexibility to tailor health care PSFAs and is one of three ways that Tribes can choose to obtain health care from the Federal Government for their citizens. Specifically, Tribes can choose to: (1) Receive health care services directly from the IHS, (2) contract with the IHS to administer individual programs and services the IHS would otherwise provide (referred to as Title I Self-Determination Contracting, and (3) compact with the IHS to assume control over health care programs the IHS would otherwise provide (referred to as Title V Self-Governance Compacting or the TSGP). These options are not exclusive and Tribes may choose to combine options based on their individual needs and circumstances.



Posted: April 17, 2018
More: self-governance

The Indian Health Service (IHS) Office of Tribal Self-Governance (OTSG), is accepting applications for Planning Cooperative Agreements for the Tribal Self-Governance Program (TSGP). This program is authorized under: Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA), 25 U.S.C. 5383(e). This program is described in the Catalog of Federal Domestic Assistance (CFDA) under 93.444.


Background

The TSGP is more than an IHS program; it is an expression of the Government-to-Government relationship between the United States (U.S.) and Indian Tribes. Through the TSGP, Tribes negotiate with the IHS to assume Programs, Services, Functions, and Activities (PSFAs), or portions thereof, which gives Tribes the authority to manage and tailor health care programs in a manner that best fits the needs of their communities.


Participation in the TSGP affords Tribes the most flexibility to tailor health care PSFAs and is one of three ways that Tribes can choose to obtain health care from the Federal Government for their citizens. Specifically, Tribes can choose to: (1) Receive health care services directly from the IHS, (2) contract with the IHS to administer individual programs and services the IHS would otherwise provide (referred to as Title I Self-Determination Contracting, and (3) compact with the IHS to assume control over health care programs the IHS would otherwise provide (referred to as Title V Self-Governance Compacting or the TSGP). These options are not exclusive and Tribes may choose to combine options based on their individual needs and circumstances.



Posted: April 17, 2018
More: bie

The U.S. Department of the Interior is announcing the proposed members to form the Bureau of Indian Education (BIE) Standards, Assessments, and Accountability System Negotiated Rulemaking Committee (Committee) which will advise the Secretary of the Interior (Secretary) through the BIE on a proposed rule to revise the Adequate Yearly Progress regulation as previously announced in the Federal Register. This notice solicits comments on the proposed membership, and invites additional nominations for Committee members who will adequately represent the interests that are likely to be significantly affected by the proposed rule. The Secretary also proposes to appoint Federal representatives to the Committee as listed.


Background

The purpose of the BIE Committee is to serve as an advisory committee under the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA). Pursuant to the Federal Register notice of intent (82 FR 43199), the Secretary has selected 13 Tribal representatives and 5 Federal representatives for the Committee, for a proposed total of 18 members.


Every Student Succeeds Act

The Every Student Succeeds Act (ESSA) reauthorizes and amends the Elementary and Secondary Education Act of 1965 (ESEA). ESEA Section 8204, as amended by ESSA directs the Secretary of the Interior, in consultation with the Secretary of Education, if so requested, to use a negotiated rulemaking process to develop regulations for implementation of the Secretary of the Interior's responsibility to define standards, assessments, and an accountability system for Bureau-funded schools. The Committee will recommend regulations that will replace the existing regulations at 25 CFR part 30 and implement the Secretary's new statutory responsibility to define standards, assessments, and an accountability system for Bureau-funded schools consistent with ESEA section 1111, as amended, on a national, regional, or Tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools.


ESEA section 8204 also provides that if a Tribal governing body or school board of a Bureau-funded school determines the requirements established by the Secretary of the Interior are inappropriate, they may waive, in part or in whole, such requirements. Where such requirements are waived, the Tribal governing body or school board must, within 60 days, submit to the Secretary of the Interior a proposal for alternative standards, assessments, and an accountability system, if applicable, consistent with ESEA section 1111. The proposal will be approved by the Secretary of the Interior and the Secretary of Education, unless the proposed standards, assessments, and accountability system do not meet the requirements of ESEA section 1111, taking into account the unique circumstances and needs of such school or schools and the students served. Additionally, a Tribal governing body or school board of a Bureau-funded school seeking a waiver may request, technical assistance from the Secretary of the Interior and the Secretary of Education.



Posted: April 16, 2018
More: bie, information collection, languages

We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the BIE; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BIE enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BIE minimize the burden of this collection on the respondents, including through the use of information technology.


Comments that you submit in response to this notice are a matter of Start Printed Page 16381public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.


Abstract: The Native Language Immersion Grant instructional funding document will be made available on the www.bie.edu website and by email, as requested. The funding document will include instructions on how to complete the document and identify required information applicants need to provide.



Posted: April 16, 2018
More: bie, information collection

We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the BIE; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BIE enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BIE minimize the burden of this collection on the respondents, including through the use of information technology.


Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.


Abstract: The BIE is requesting renewal of OMB approval for the Student Transportation Form. The Student Transportation regulations in 25 CFR part 39, subpart G, contain the program eligibility and criteria that govern the allocation of transportation funds. Information collected from the schools will be used to determine the rate per mile. The information collection provides transportation mileage for Bureau-funded schools, which determines the allocation of transportation funds. This information is collected using a web-based system, Native American Student Information System (NASIS).



Posted: March 22, 2018
More: nagpra, tennessee

The Tennessee Valley Authority (TVA) has corrected a Notice of Inventory Completion published in the Federal Register on February 23, 2018. This notice adds a paragraph that was inadvertently left out.


This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.


This notice corrects a Notice of Inventory Completion published in the Federal Register (83 FR 8101-8102, February 23, 2018). The paragraph summarizing the determinations made by TVA was inadvertently left out of the original notice.



Posted: March 21, 2018
More: blood quantum, cdib, jom

This proposed rule would update one section of the regulation regarding when Indian students are eligible for benefits of education contracts under the Johnson-O'Malley Act (JOM), to codify past practice and a Federal District Court ruling by deleting the requirement that the Indian student must have 1/4 or more degree of Indian blood.


This rule would revise a section of the regulations governing education contracts under the JOM. The JOM authorizes the Secretary of the Interior to enter into contracts with States, schools, and private organizations, and to expend appropriated funds in support of Indian students under those contracts. See, 25 U.S.C. 254. The regulations at 25 CFR part 273 implement this authority.


This rule would revise section 273.12 of the regulations to correctly reflect the requirements for students eligible for JOM funding. Currently, the regulations state that Indian students are eligible for benefits of a JOM contract if they are of 1/4 or more degree Indian blood and are recognized by the Secretary as being eligible for Bureau services. Prior to the 1990's, the Department implemented this regulation to require 1/4 or more degree Indian blood. In 1990, the United States District Court for the District of Nevada stated that this regulatory requirement was too restrictive. See, Nevada Urban Indians, Inc. v. United States, CV-N-90-238 BRT (September 12, 1990). Since that Court ruling, the Department has implemented this regulatory provision as requiring only membership in a federally recognized Tribe. The Department does not require a certain degree of Indian blood. As such, this rule would delete the requirement for a blood degree quantum. With this deletion, the rule codifies both the Court ruling and past practice.



Posted: March 21, 2018
More: information collection, transportation

In accordance with the Paperwork Reduction Act of 1995, we, the BIA Indian Highway Safety Program (IHSP) are proposing a new information collection.


In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.


We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the BIA IHSP; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BIA IHSP enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BIA IHSP minimize the burden of this collection on the respondents, including through the use of information technology.



Posted: March 16, 2018
More: eis, mha nation, north dakota

The National Park Service (NPS) announces the availability of the Final Archeological Resources Management Plan/Environmental Impact Statement (Final Plan/EIS), Knife River Indian Villages National Historic Site, North Dakota.


The NPS announces the availability of the Final Plan/EIS. This process has been conducted pursuant to the National Environmental Policy Act (NEPA) (42 United States Code 4321 et seq.) and the regulations of the US Department of the Interior (43 Code of Federal Regulations [CFR] part 46). The purpose of the plan is to provide a management framework for proactive, sustainable archeological resource protection for the next 30 years. The NPS has identified four major threats to the park's archeological resources: Riverbank erosion, burrowing mammals, vegetation encroachment and the location of park infrastructure. Over the past few decades, village remnants and archeological sites adjacent to the Knife River have experienced measurable erosion. In addition, northern pocket gophers and the encroachment of woody and overgrown vegetation have displaced soil and artifacts from chronologically stratified deposits. Under the preferred alternative, these threats would be addressed following an adaptive management framework designed to detect changes to important indicators and provide park managers tools to manage them.


The preferred alternative also calls for the relocation of the park maintenance facility. The maintenance facility is located on the edge of the Big Hidatsa Village site, a designated National Historic Landmark and sacred site of the Mandan, Hidatsa, and Arikara Nation (MHA Nation). If off-site space is available and cost effective, the maintenance facility would be relocated outside the park. If suitable property outside the park is unavailable or cost prohibitive the NPS intends to relocate and construct the maintenance facility within the park.



Posted: March 16, 2018
More: new mexico, pueblo

Notice is hereby given that under the authority of the Federal Land Policy and Management Act of 1976, as amended (FLPMA), the Kasha-Katuwe Tent Rocks Resource Management Plan (RMP), Presidential Proclamation 7394, and other authorities, the Kasha-Katuwe Tent Rocks National Monument (Monument) will be temporarily closed to the public on twelve days each year, to allow for Pueblo de Cochiti cultural observances.


The temporary closure will be in effect beginning April 16, 2018. The closure will remain in effect for 24 months upon publication in the Federal Register. The temporary closure dates are as follows: New Year's Day (January 1); January 6; Friday before Easter; Easter Sunday; Monday after Easter Sunday; May 3; July 13; July 14; July 25; November 1; Thanksgiving Day; and Christmas Day. These temporary closures are compliant with the Monument RMP and Presidential Proclamation 7394.



Posted: March 6, 2018
More: eis, nepa

The Bureau of Indian Affairs (BIA) is proposing to amend its categorical exclusions (CATEXs) under the National Environmental Policy Act of 1969 (NEPA) for certain BIA actions and is seeking comment. The BIA is requesting comment on whether to revise or delete any current CATEXs or add any new CATEXs.


The NEPA requires Federal agencies to consider the potential environmental consequences of their decisions before deciding whether and how to proceed. The Council on Environmental Quality (CEQ) encourages Federal agencies to use CATEXs to protect the environment more efficiently by: (a) Reducing the resources spent analyzing proposals which generally do not have potentially significant environmental impacts, and (b) focusing resources on proposals that may have significant environmental impacts. The appropriate use of CATEXs allow the NEPA review to be concluded without preparing either an environmental assessment (EA) or an environmental impact statement (EIS) (40 CFR 1500.4(p) and § 1508.4).


The CEQ regulations implementing NEPA define CATEXs as a category of actions that do not individually or cumulatively have a significant effect on the human environment, and for which, therefore, neither an EA nor an EIS is required. (40 CFR 1508.4). The CEQ regulations encourage the use of CATEXs to reduce unnecessary paperwork and delays. A CATEX is a form of NEPA compliance; it is not an exemption from NEPA, but an exemption from requirements to prepare an EIS. Agency procedures must consider “extraordinary circumstances,” in which case a normally excluded action may have a significant effect and require preparation of an EA or EIS.



Posted: February 28, 2018
More: new mexico, tribal colleges

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 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 four expiring terms on the Board of Trustees.



Posted: February 28, 2018
More: information collection

In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Affairs (BIA) are proposing to renew an information collection with revisions.


Abstract: The BIA—Indian Services is seeking revisions for the information collection Reporting System for Public Law 102-477 Demonstration Project. This information allows the Division of Workforce Development (DWD), which reports to the BIA—Indian Services, to document satisfactory compliance with statutory, regulatory, and other requirements of the various integrated programs. Public Law 102-477 authorized tribal governments to integrate federally funded employment, training, and related services and programs into a single, coordinated, comprehensive service delivery plan. Funding agencies include the Department of Labor and the Department of Health and Human Services. BIA is statutorily required to serve as the lead agency and provides a single, universal report format for use by tribal governments to report on integrated activities and expenditures. The DWD shares the information collected from these reports with the Department of Labor and the Department of Health and Human Services. This renewal will be revised to include information collected under 25 CFR part 26 to administer the job placement and training program, through Tribes, which provides vocational/technical training, related counseling, guidance, and job placement services, and limited financial assistance to Indian individuals who are not less than 18 years old and who reside with the Department of the Interior (DOI) approved service areas. Public Law 102-477 allows tribes to consolidate into a single plan, single budget and single report to one office programs they currently have under contract or grant. The job placement and training program has been included in these 477 plans. Since tribes determine which programs will be included, the plans vary from tribe to tribe. Submission of this information allows DOI, through Tribes, to administer the job placement and training program, which provides vocational/technical training, related counseling, guidance, job placement services, and limited financial assistance to Indian individuals who are not less than 18 years old and who reside within DOI approved service areas.


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