The Department of the Interior (DOI) published in the attached January 23, 2013, FEDERAL REGISTER notice its annual list of non-Bureau of Indian Affairs programs and activities that are eligible to be negotiated in a tribal Title IV self-governance (Tribal Self-Governance Act, PL 103-413) funding agreement for fiscal year 2013. The list is effective through September 30, 2013.
The notice contains listings of programs eligible for self-governance funding agreements for: the Bureau of Land Management (BLM); Bureau of Reclamation (BOR); Office of Natural Resources Revenue (ONRRR); National Park Service (NPS); Fish and Wildlife Service (FWS); U.S. Geological Survey (USGS); and Office of the Special Trustee (OST).
Because the attached list of programs for which tribes may request to negotiate a funding agreement is not inclusive, tribes may request to negotiate other programs or activities which are “otherwise available to Indian tribes or Indians,” or are “of special geographic, historical, or cultural significance” to the tribe. As limited by PL 103-413, inherently federal functions are not eligible for negotiation. The DOI states that the each non-BIA bureau (not the Secretary as in last year’s notice) will determine on a case-by-case basis “considering the totality of circumstances” whether a specific function is an inherently federal function.
The notice also lists the FY 2012 self-governance funding agreements by non-BIA bureau. There are no changes as to the total number of agreements tribes have entered into or the programs available for self-governance funding agreements.
As in prior years the non-BIA bureaus set the goal of negotiating agreements beyond the number already negotiated, upon request of a self-governance tribe, in lieu of setting a specific programmatic target number.
If we may be of further assistance regarding the DOI notice of eligible programs, please contact us at the information below.
