81954 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Notices 

2. Setting speed limits to avoid 

collisions with tortoise; 

3. Having an approved biologist 

ensure implementation of minimization 

measures, monitor covered activities to 

avoid collisions, and clear the work site 

and materials, vehicles, and equipment 

of tortoises before work activity; 

4. Requiring pre-movement vehicle 

and equipment inspections by workers; 

5. Installing temporary tortoise 

exclusion fencing around substation 

area; 

6. Conducting pre-construction 

clearance surveys and translocation by 

an approved biologist; 

7. Developing a plan for spill 

prevention and control, with 

countermeasures; 

8. Implementing proper waste 

management and disposal actions; 

9. Developing a fire management plan; 

and 

10. Implementing certain weed 

management efforts. 

The proposed action will result in the 

permanent loss of moderate-quality 

habitat in Nye County, Nevada. In 

addition to the minimization measures, 

the applicant will make a one-time 

contribution of $26,500, payable to the 

National Fish and Wildlife Foundation 

(NFWF), to offset the impacts of 

permanent Mojave desert tortoise 

habitat loss and habitat modification of 

about 18.2 acres. 

No-Action Alternative 

Under the No-Action Alternative, the 

Service would not issue an ITP to the 

applicant, and the draft HCP would not 

be implemented. Under this alternative, 

the applicant may choose not to 

construct the facility or would do so in 

a manner presumed not to result in the 

take of ESA-listed species. 

Public Comments 

We request data, comments, new 

information, or suggestions from the 

public, other concerned governmental 

agencies, the scientific community, 

Tribes, industry, or any other interested 

party on permit application, draft HCP, 

and associated documents. If you wish 

to comment, you may submit comments 

by any of the methods in ADDRESSES. 

Public Availability of Comments 

Any comments we receive will 

become part of the decision record 

associated with this action. 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—might 

be made publicly available at any time. 

While you can request in your comment 

that we withhold your personal 

identifying information from public 

review, we cannot guarantee that we 

will be able to do so. All submissions 

from organizations or businesses, and 

from individuals identifying themselves 

as representatives or officials of 

organizations or businesses, will be 

made available for public disclosure in 

their entirety. 

Next Steps 

Issuance of an incidental take permit 

is a Federal proposed action subject to 

compliance with NEPA and section 7 of 

the ESA. We will evaluate the 

application, associated documents, and 

any public comments we receive during 

this comment period to determine 

whether the application meets the 

requirements of section 10(a) of the 

ESA. If we determine that those 

requirements are met, we will conduct 

an intra-Service consultation under 

section 7 of the ESA for the Federal 

action for the potential issuance of an 

ITP. If the intra-Service consultation 

confirms that issuance of the ITP will 

not jeopardize the continued existence 

of any endangered or threatened 

species, or destroy or adversely modify 

critical habitat, we will issue a permit 

to the applicant for the incidental take 

of the covered species. 

Authority 

We provide this notice under section 

10(c) of the Endangered Species Act (16 

U.S.C. 1539(c) and its implementing 

regulations (50 CFR 17.32), and NEPA 

(42 U.S.C. 4321 et seq.) and NEPA 

implementing regulations (40 CFR 

1501.4). 

Glen W. Knowles, 

Field Supervisor, Southern Nevada Fish and 

Wildlife Office, U.S. Fish and Wildlife Service, 

Las Vegas, Nevada. 

[FR Doc. 2020–27705 Filed 12–16–20; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[212A2100DD/AAKC001030/ 

A0A51010.999900] 

Notice of Deadline for Submitting 

Completed Applications To Begin 

Participation in the Tribal SelfGovernance Program in Fiscal Year 

2022 or Calendar Year 2022 

AGENCY: Office of Self-Governance, 

Bureau of Indian Affairs, Interior. 

ACTION: Notice of application deadline. 

SUMMARY: In this notice, the Office of 

Self-Governance (OSG) establishes the 

deadline for Indian Tribes/consortia to 

submit completed applications to begin 

participation in the Tribal selfgovernance program in fiscal year 2022 

or calendar year 2022. 

DATES: Completed application packages 

must be received by the Director, Office 

of Self-Governance, by March 1, 2021. 

ADDRESSES: Application packages for 

inclusion in the applicant pool should 

be sent to Sharee M. Freeman, Director, 

Office of Self-Governance, Department 

of the Interior, Mail Stop 3624–MIB, 

1849 C Street NW, Washington, DC 

20240. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Kenneth D. Reinfeld, Office of SelfGovernance, Telephone (202) 821–7107, 

kenneth.reinfeld@bia.gov. 

SUPPLEMENTARY INFORMATION: Under the 

Tribal Self-Governance Act of 1994 

(Pub. L. 103–413), as amended by the 

Practical Reforms and Other Goals to 

Reinforce the Effectiveness of SelfGovernance and Self-Determination Act 

of 2019–2020 or the PROGRESS for 

Indian Tribes Act (Pub. L. 116–180), 

Section 402(b)(1)(A), the Secretary, 

acting through the Director of the Office 

of Self-Governance, may select not more 

than 50 new Indian Tribes per year from 

those eligible Tribes. See 25 U.S.C. 

5362(b)(1). 

The Tribal Self-Governance Act, as 

amended by the PROGRESS for Indian 

Tribes Act, mandates that copies of the 

funding agreements be sent at least 90 

days before the proposed effective date 

to each Indian Tribe that is served by 

the Bureau of Indian Affairs’ agency that 

is serving the Tribe that is a party to the 

funding agreement. Initial negotiations 

with a Tribe/consortium located in a 

region and/or agency that has not 

previously been involved with selfgovernance negotiations will take 

approximately 2 months from start to 

finish. Agreements for an October 1 to 

September 30 funding year need to be 

signed and submitted by July 1. 

Agreements for a January 1 to December 

31 need to be signed and submitted by 

October 1. 

Eligibility To Participate in SelfGovernance 

The Department will be initiating a 

negotiated rulemaking to develop 

regulations to meet the requirements of 

Section 101 of the newly enacted 

PROGRESS Act. To be eligible to 

participate in self-governance, an Indian 

Tribe must: 

(1) Successfully complete the 

planning phase described in section 

402(d) of the Tribal Self-Governance Act 

Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Notices 81955 

as amended by the PROGRESS Act [25 

U.S.C. 5362(d)]; 

(2) Request participation in selfgovernance by resolution or other 

official action by the Tribal governing 

body; 

(3) Demonstrate for the 3 fiscal years 

preceding the date for which the Tribe 

requests participation, financial stability 

and financial management capability as 

evidenced by the Indian Tribe having no 

uncorrected significant and material 

audit exceptions in the required annual 

audit of its self-determination or selfgovernance agreements with any 

Federal Agency. 

Planning Phase 

An Indian Tribe seeking to begin 

participation in self-governance must 

complete a planning phase that: 

(1) Is conducted to the satisfaction of 

the Indian Tribe; and 

(2) Includes: 

• Legal and budgetary research; and 

• Internal Tribal government 

planning, training, and organizational 

preparation. 

Applicants should be guided by the 

referenced requirements in preparing 

their applications to begin participation 

in the Tribal self-governance program in 

fiscal year 2022 and calendar year 2022. 

Copies of these requirements may be 

obtained from the person identified in 

the FOR FURTHER INFORMATION CONTACT

section of this notice. 

Tribes/consortia wishing to be 

considered for participation in the 

Tribal self-governance program in fiscal 

year 2022 or calendar year 2022 must 

respond to this notice, except for those 

Tribes/consortia which are either: (1) 

Currently involved in negotiations with 

the Department; or (2) one of the 134 

Tribal entities with signed agreements. 

Information Collection 

This information collection is 

authorized by OMB Control Number 

1076–0143, Tribal Self-Governance 

Program, which expires December 31, 

2022. 

Tara Sweeney, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2020–27786 Filed 12–16–20; 8:45 am] 

BILLING CODE 4337–15–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Final Revisions to Uniform Freedom of 

Information Act Fee Schedule and 

Guidelines 

AGENCY: Office of Management and 

Budget. 

ACTION: Notice of revised guidelines. 

SUMMARY: The Office of Management 

and Budget (OMB) is finalizing 

revisions to sections of its Uniform 

Freedom of Information Act Fee 

Schedule and Guidelines (‘‘Guidelines’’) 

last published in 1987. This action is 

necessary to conform the Guidelines 

with statutory amendments to the 

Freedom of Information Act (FOIA) and 

to clarify the scope of the Guidelines. 

This action is intended to provide 

Federal agencies with guidance on the 

appropriate and uniform application of 

FOIA processing fees. 

DATES: These revisions to the Guidelines 

are effective December 17, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Hill, Office of Information and 

Regulatory Affairs, OMB, at (202) 395– 

1658 or oira_pb_comments@

omb.eop.gov. 

SUPPLEMENTARY INFORMATION: The 

Freedom of Information Reform Act of 

1986, Public Law 99–570 (1986), 

required OMB to promulgate a uniform 

schedule of fees and guidelines, 

pursuant to notice and public comment, 

for agencies to use when processing 

FOIA requests. 5 U.S.C. 552(a)(4)(A)(i). 

OMB issued the Uniform Freedom of 

Information Act Fee Schedule and 

Guidelines, 52 FR 10012 (available at 

https://www.justice.gov/sites/default/ 

files/oip/legacy/2014/07/23/foia_fee_

schedule_1987.pdf) on March 27, 1987. 

In the ensuing years, the FOIA has been 

amended, notably by the OPEN 

Government Act of 2007, Public Law 

110–175 (2007), and the FOIA 

Improvement Act of 2016, Public Law 

114–185 (2016). In response, OMB has 

undertaken to revise the Guidelines. 

On May 4, 2020, OMB published a 

notice in the Federal Register, 85 FR 

26499, seeking comments on four 

proposed substantive revisions. OMB 

also proposed to revise Section 4. 

Inquiries, to update contact information 

for questions about the Guidelines. 

OMB received comments directly and 

through Regulations.gov from 13 

entities, including both individuals and 

organizations. OMB greatly appreciates 

the detailed comments it received, and 

believes the final guidance, as modified 

in response to those comments, has 

been significantly improved. A 

description of the relevant comments, 

and OMB’s responses, follow. 

(1) OMB proposes to revise Section 2. 

Scope to indicate that the Guidelines do 

not address the waiver or reduction of 

fees if disclosure is in the public 

interest. 

Four commenters recommended that 

OMB address public interest fee waivers 

in the Guidelines. OMB finds that 

addressing fee waivers is beyond the 

allowable scope of this guidance. In 

relevant part, the FOIA requires OMB to 

promulgate guidelines ‘‘which shall 

provide for a uniform schedule of fees 

for all agencies.’’ 5 U.S.C. 

552(a)(4)(A)(i). As OMB explained in 

the preamble to the first publication of 

the Guidelines, ‘‘OMB’s role is limited 

by the plain wording of the statute to 

developing guidelines and a fee 

schedule.’’ 52 FR 10016. 

The application of the OMB fee 

schedule to related fee categories is 

distinct from a public interest fee 

waiver. A requester’s fee category 

concerns the services—search, 

duplication, and review—for which that 

requester may be assessed fees. See 5 

U.S.C. 552(a)(4)(A)(ii). By contrast, a 

public interest fee waiver concerns 

whether the requester will ultimately be 

responsible for paying any such fees. 

See 5 U.S.C. 552(a)(4)(A)(iii). 

The comments on this proposal 

suggested that there is an interrelationship between a requester’s fee 

category and whether they are eligible 

for a public interest fee waiver, and as 

a result, the OMB Guidelines should 

also address public interest fee waivers. 

Whether or not the two issues involve 

a common element, for instance 

whether there is a commercial interest 

at stake, the fact remains that separate 

legal constructs have developed around 

each, and other, independent 

considerations are necessary to the 

analysis of each. To expound on distinct 

elements of the public interest fee 

waiver would exceed OMB’s mandate, 

which is limited to fee categories. 

At least one commenter suggested that 

it would cause confusion among 

requesters and agencies for the 

Guidelines to address fee categories but 

not public interest fee waivers. OMB 

disagrees. Whatever commonalities 

there may be, OMB intends these 

Guidelines only to advise agencies with 

respect to fee categories. The revision to 

Section 2 is carefully worded, with 

citation to the public interest fee waiver 

provision in the FOIA, to specifically 

exclude from the scope of the 

Guidelines ‘‘the waiver or reduction of 

fees if the disclosure of the information 

is in the public interest.’’ No commenter 

offered a recommendation on a more 

effective way to achieve this limitation 

on the scope. 

OMB emphasizes that, while the 

Guidelines do not address public 

interest fee waivers, it is not the case 

that agencies have no guidance on this 

topic. Just as OMB issued the original 

Guidelines in response to the Freedom 

of Information Reform Act, one