Notice of Deadline for Submitting Completed Applications To Begin Participation in the Tribal Self-Governance Program in Fiscal Year 1997 or Calendar Year 1997

DEPARTMENT OF THE INTERIOR

Office of the Secretary

25 CFR Chapter VI

Notice of Deadline for Submitting Completed Applications To Begin

Participation in the Tribal Self-Governance Program in Fiscal Year 1997

or Calendar Year 1997

AGENCY: Office of Self-Governance, Office of the Secretary, Interior.

ACTION: Notice of application deadline.

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SUMMARY: In this notice, the Office of Self-Governance (OSG)

establishes the deadline for tribes/consortia to submit completed

applications to begin participation in the tribal self-governance

program in fiscal year 1997 or calendar year 1997.

DATES: Tribes/consortia wishing to be considered for participation in

the tribal self-governance program in fiscal year 1997 or calendar year

1997 must respond to this notice, except for those which are (1)

currently involved with negotiations with the Department; (2) one of

the 54 tribal entities with signed agreements; or (3) one of the tribal

entities already included in the applicant pool as of the date of this

notice. Completed application packages must be received by the

Director, Office of Self-Governance by April 29, 1996.

ADDRESSES: Application packages for inclusion in the applicant pool

should be sent to the Director, Office of Self-Governance, U.S.

Department of the Interior, Mail Stop 2548, 1849 C Street NW,

Washington DC 20240.

FOR FURTHER INFORMATION CONTACT:

Dr. Kenneth D. Reinfeld, U.S. Department of the Interior, Office of

Self-Governance, 1849 C Street NW, Mail Stop 2548, Washington DC 20240,

202-219-0240.

SUPPLEMENTARY INFORMATION: Under the Tribal Self-Governance Act of

1994, the Director, Office of Self-Governance may select up to 20

additional participating tribes/consortia per year for the tribal self-

governance program, and negotiate and enter into an annual written

funding agreement with each participating tribe. The Act mandates that

the Secretary submit copies of the funding agreements at least 90 days

before the proposed effective date to the appropriate committees of the

Congress and to each tribe that is served by the Bureau of Indian

Affairs (BIA) agency that is serving the tribe that is a party to the

funding agreement. Initial negotiations with a tribe/consortium located

in an area and/or agency which has not previously been involved with

self-governance negotiations, will take approximately two months from

start to finish. Since agreements for an October 1 to September 30

fiscal year need to be signed and submitted by July 1, new

participating tribes would need to be selected by May 3 to allow

sufficient time for negotiations.

Background

The tribal self-governance program is designed to promote self

determination by allowing tribes to assume more control through

negotiated agreements of programs operated by the Department of the

Interior. The new law allows for negotiations to be conducted for

programs operated by BIA and for programs operated by other bureaus and

offices within the Department that are available to Indians or when

there is an

historical, cultural, or geographic connection to an Indian tribe.

The Tribal Self-Governance Act of 1994 requires the Secretary, upon

request of a majority of self-governance tribes, to initiate procedures

under the Negotiated Rulemaking Act, 5 U.S.C. 561 et seq., to negotiate

and promulgate regulations necessary to carry out the tribal self-

governance program. The Act calls for a negotiated rulemaking committee

to be established pursuant to 5 U.S.C. 565 comprised of Federal and

tribal representatives, with a majority of the tribal representatives

representing self-governance tribes. The Act also authorizes the

Secretary to adapt negotiated rulemaking procedures to the unique

context of self-governance and the government-to-government

relationship between the United States and the Indian tribes. On

November 1, 1994, a majority of self-governance tribes wrote the

Secretary requesting the immediate initiation of negotiated rulemaking.

On February 15, 1995, the self-governance negotiated rulemaking

committee was established.

On the same date, an interim rule was published in the Federal

Register announcing the criteria for tribes to be included in an

applicant pool and the establishment of the selection process for

tribes/consortia to negotiate agreements pursuant to the Tribal Self-

Governance Act of 1994. This interim rule was added to Title 25 of the

Code of Federal Regulations at Part 1001 of Chapter VI. While it may be

changed by later rulemaking, the Act stipulates that the lack of

promulgated regulations will not limit its effect. The interim rule

allowed an additional 20 new tribes/consortia to negotiate compacts and

annual funding agreements for fiscal year 1996 and calendar year 1996

as authorized by the Act. To date, a total of 54 compacts and annual

funding agreements have been negotiated.

Purpose of Notice

This notice is intended to allow up to 20 new tribes/consortia to

be selected to negotiate compacts and annual funding agreements in

fiscal year 1997 and calendar year 1997. The interim rules established

at 25 CFR 1001.1 to 1001.5 will be used to govern the application and

selection process for tribes/consortia to begin their participation in

the tribal self-governance program in fiscal year 1997 and calendar

year 1997. Applicants should be guided by the requirements in 25 CFR

1001.1 to 1001.5 in preparing their applications. Copies of the interim

rules published in the Federal Register on February 15, 1995, may be

obtained from the information contact person identified in this notice.

The Director's decision on the actual number of tribes that will

enter negotiations will be made at a later date. Tribes already in the

applicant pool will retain their existing ranking with tribes entering

the applicant pool under these rules receiving a lower ranking. Being

in the applicant pool will not guarantee that a tribe will actually be

provided the opportunity to negotiate in any given year. However, it

does mean that a tribe will not be passed over by a tribe with a lower

ranking in the applicant pool or by a tribe not in the applicant pool,

with the exception of a tribe already in the negotiation process.

For example, if the Department determines that 20 tribes will be

afforded the opportunity to negotiate self-governance agreements in

1997, the tribes with the highest 20 rankings would be notified and

negotiations would be scheduled. The tribe ranked 21 on the list would

then have the highest ranking to negotiate a self-governance agreement

in 1998 or might enter negotiations in 1997 if one of the first 20

tribes discontinued negotiations. In such a case, the tribe that

discontinued negotiations would remain in the applicant pool with its

original ranking and would be the first to be selected in 1997 for

negotiating agreements commencing in 1998.

Dated: January 26, 1996.

William A. Sinclair,

Director, Office of Self-Governance.

[FR Doc. 96-1886 Filed 1-31-96; 8:45 am]

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