Published 60-day Notice

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Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices

Consultation and Coordination With
Tribal Governments (Executive Order
13175)
To fulfill its consultation
responsibility to tribes and tribal
organizations, BIA communicates,
coordinates, and consults on a
continuing basis with these entities on
issues of water delivery, water
availability, and costs of administration,
operation, maintenance, and
rehabilitation of projects that concern
them. This is accomplished at the
individual irrigation project by pProject,
aAgency, and rRegional representatives,
as appropriate, in accordance with local
protocol and procedures. This notice is
one component of our overall
coordination and consultation process
to provide notice to, and request
comments from, these entities when we
adjust irrigation assessment rates.

required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.).

Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (Executive Order
13211)
The rate adjustments will have no
adverse effects on energy supply,
distribution, or use (including a
shortfall in supply, price increases, and
increase use of foreign supplies) should
the rate adjustments be implemented.
This is a notice for rate adjustments at
BIA-owned and operated irrigation
projects, except for the Fort Yuma
Irrigation Project. The Fort Yuma
Irrigation Project is owned and operated
by the Bureau of Reclamation with a
portion serving the Fort Yuma Indian
Reservation.

Civil Justice Reform (Executive Order
12988)

Regulatory Planning and Review
(Executive Order 12866)
These rate adjustments are not a
significant regulatory action and do not
need to be reviewed by the Office of
Management and Budget under
Executive Order 12866.

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Regulatory Flexibility Act
These rate adjustments are not a rule
for the purposes of the Regulatory
Flexibility Act because they establish ‘‘a
rule of particular applicability relating
to rates.’’ 5 U.S.C. 601(2).
Unfunded Mandates Reform Act of
1995
These rate adjustments do not impose
an unfunded mandate on State, local, or
tribal governments in the aggregate, or
on the private sector, of more than $130
million per year. The rule does not have
a significant or unique effect on State,
local, or tribal governments or the
private sector. Therefore, the
Department is not required to prepare a
statement containing the information

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Takings (Executive Order 12630)
The Department has determined that
these rate adjustments do not have
significant ‘‘takings’’ implications. The
rate adjustments do not deprive the
public, state, or local governments of
rights or property.
Federalism (Executive Order 13132)
The Department has determined that
these rate adjustments do not have
significant Federalism effects because
they will not affect the States, the
relationship between the national
government and the States, or the
distribution of power and
responsibilities among various levels of
government.

In issuing this rule, the Department
has taken the necessary steps to
eliminate drafting errors and ambiguity,
minimize potential litigation, and
provide a clear legal standard for
affected conduct, as required by section
3 of Executive Order 12988.
Paperwork Reduction Act of 1995
These rate adjustments do not affect
the collections of information which
have been approved by the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
under the Paperwork Reduction Act of
1995. The OMB Control Number is
1076–0141 and expires March 31, 2016.
National Environmental Policy Act
The Department has determined that
these rate adjustments do not constitute
a major Federal action significantly
affecting the quality of the human
environment and that no detailed
statement is required under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370(d)).
Data Quality Act
In developing this notice, we did not
conduct or use a study, experiment, or
survey requiring peer review under the
Data Quality Act (Pub. L. 106–554).
Dated: April 20, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary—Indian Affairs.
[FR Doc. 2016–10045 Filed 4–28–16; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[167 A2100DD/AAKC001030/
A0A501010.999900]

Renewal of Agency Information
Collection for Acquisition of Trust
Land
Bureau of Indian Affairs,
Interior.
ACTION: Notice of request for comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Indian Affairs (BIA) is seeking
comments on the renewal of Office of
Management and Budget (OMB)
approval for the collection of
information for Acquisition of Trust
Land authorized by OMB Control
Number 1076–0100. This information
collection expires August 31, 2016.
DATES: Submit comments on or before
June 28, 2016.
ADDRESSES: You may submit comments
on the information collection to Ms.
Sharlene M. Round Face, Bureau of
Indian Affairs, Division of Real Estate
Services, MS–4639–MIB, 1849 C Street,
NW., Washington, DC 20240; fax: (202)
219–1065; email: Sharlene.Roundface@
bia.gov.
SUMMARY:

Ms.
Sharlene M. Round Face, (202) 208–
3615.

FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION:

I. Abstract
The BIA is seeking renewal of the
approval for the information collection
conducted under 25 CFR part 151, Land
Acquisitions, for the United States to
take land into trust for individual
Indians and Indian Tribes. This
information collection allows the BIA to
review applications for compliance with
regulatory and statutory requirements.
No specific form is used. No third party
notification or public disclosure burden
is associated with this collection.
II. Request for Comments
The BIA requests your comments on
this collection concerning: (a) The
necessity of this information collection
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (b) The accuracy of the
agency’s estimate of the burden (hours
and cost) of the collection of
information, including the validity of
the methodology and assumptions used;
(c) Ways we could enhance the quality,
utility, and clarity of the information to
be collected; and (d) Ways we could

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Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices
minimize the burden of the collection of
the information on the respondents.
Please note that an agency may not
conduct or sponsor, and an individual
need not respond to, a collection of
information unless it has a valid OMB
Control Number.
It is our policy to make all comments
available to the public for review at the
location listed in the ADDRESSES section.
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.

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III. Data
OMB Control Number: 1076–0100.
Title: Acquisition of Trust Land, 25
CFR 151.
Brief Description of Collection:
Submission of this information allows
Bureau of Indian Affairs (BIA) to review
applications for the acquisition of land
into trust status by the United Stated on
behalf of individual Indians and Indian
Tribes, pursuant to 25 CFR part 151.
The information also allows the
Secretary to comply with the National
Environmental Policy Act and to
determine if title to the subject property
is marketable and unencumbered. No
specific form is used, but respondents
supply information and data in
accordance with 25 CFR part 151, so
that BIA may make an evaluation and
determination on the application.
Type of Review: Extension without
change of currently approved collection.
Respondents: Individual Indians and
Indian Tribes seeking acquisition of
land into trust status.
Number of Respondents: 326.
Number of Responses: 326.
Estimated Time per Response: Ranges
from 60 to 110 hours.
Frequency of Response: Once per each
tract of land to be acquired.
Estimated Total Annual Hour Burden:
34,670 hours.
Obligation to Respond: Response is
required to obtain a benefit.
Estimated Total Hourly Cost Burden:
$1,503,716.
Estimated Total Non-Hour Cost
Burden: $0.
Elizabeth K. Appel,
Director, Office of Regulatory Affairs and
Collaborative Action—Indian Affairs.
[FR Doc. 2016–10004 Filed 4–28–16; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[167A2100DD/AAKC001030/
A0A501010.999900]

List of Programs Eligible for Inclusion
in Funding Agreements Negotiated
With Self-Governance Tribes by
Interior Bureaus Other Than the
Bureau of Indian Affairs and Fiscal
Year 2016 Programmatic Targets
Office of the Secretary, Interior.
Notice.

AGENCY:
ACTION:

This notice lists programs or
portions of programs that are eligible for
inclusion in Funding Agreements with
self-governance Indian Tribes and lists
Fiscal Year 2016 programmatic targets
for each of the non-Bureau of Indian
Affairs (BIA) bureaus in the Department
of the Interior, pursuant to the Tribal
Self-Governance Act.
DATES: These programs are eligible for
inclusion in Funding Agreements until
September 30, 2016.
ADDRESSES: Inquiries or comments
regarding this notice may be directed to
Ms. Sharee M. Freeman, Director, Office
of Self-Governance (MS 355H–SIB),
1849 C Street NW., Washington, DC
20240–0001, telephone: (202) 219–0240,
fax: (202) 219–1404, or to the bureauspecific points of contact listed below.
FOR FURTHER INFORMATION CONTACT: Dr.
Kenneth D. Reinfeld, Office of SelfGovernance, telephone: (703) 390–6551
or (202) 821–7107.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background
Title II of the Indian SelfDetermination Act Amendments of 1994
(Pub. L. 103–413, the ‘‘Tribal SelfGovernance Act’’ or the ‘‘Act’’)
instituted a permanent self-governance
program at the Department of the
Interior. Under the self-governance
program, certain programs, services,
functions, and activities, or portions
thereof, in Interior bureaus other than
BIA are eligible to be planned,
conducted, consolidated, and
administered by a self-governance Tribe.
Under section 405(c) of the Tribal
Self-Governance Act, the Secretary of
the Interior is required to publish
annually: (1) A list of non-BIA
programs, services, functions, and
activities, or portions thereof, that are
eligible for inclusion in agreements
negotiated under the self-governance
program and (2) programmatic targets
for these bureaus.
Under the Tribal Self-Governance Act,
two categories of non-BIA programs are

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eligible for self-governance funding
agreements:
(1) Under section 403(b)(2) of the Act,
any non-BIA program, service, function,
or activity that is administered by
Interior that is ‘‘otherwise available to
Indian tribes or Indians,’’ can be
administered by a Tribe through a selfgovernance funding agreement. The
Department interprets this provision to
authorize the inclusion of programs
eligible for self-determination contracts
under Title I of the Indian SelfDetermination and Education
Assistance Act (Pub. L. 93–638, as
amended). Section 403(b)(2) also
specifies, ‘‘nothing in this subsection
may be construed to provide any tribe
with a preference with respect to the
opportunity of the tribe to administer
programs, services, functions, and
activities, or portions thereof, unless
such preference is otherwise provided
for by law.’’
(2) Under section 403(c) of the Act,
the Secretary may include other
programs, services, functions, and
activities or portions thereof that are of
‘‘special geographic, historical, or
cultural significance’’ to a selfgovernance Tribe.
Under section 403(k) of the Tribal
Self-Governance Act, funding
agreements cannot include programs,
services, functions, or activities that are
inherently Federal or where the statute
establishing the existing program does
not authorize the type of participation
sought by the Tribe. However, a Tribe
(or Tribes) need not be identified in the
authorizing statutes in order for a
program or element to be included in a
self-governance funding agreement.
While general legal and policy guidance
regarding what constitutes an inherently
Federal function exists, the non-BIA
bureaus will determine whether a
specific function is inherently Federal
on a case-by-case basis considering the
totality of circumstances. In those
instances where the Tribe disagrees
with the bureau’s determination, the
Tribe may request reconsideration from
the Secretary.
Subpart G of the self-governance
regulations found at 25 CFR part 1000
provides the process and timelines for
negotiating self-governance funding
agreements with non-BIA bureaus.
Response to Comments
Comments on a draft Federal Register
Notice were requested in a March 19,
2015 Memorandum sent by the Director,
Office of Self-Governance to Tribal SelfGovernance Coordinators and at a Tribal
consultation session held during the
Self-Governance Conference on
Tuesday, April 28, 2015.

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