1468 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices

to govern the application and selection

process for tribes/consortia to begin

their participation in the tribal selfgovernance program in fiscal year 1998

and calendar year 1998. Applicants

should be guided by the requirements in

25 CFR Parts 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.

Tribes/consortia wishing to be

considered for participation in the tribal

self-governance program in fiscal year

1998 or calendar year 1998 must

respond to this notice, except for those

which are (1) currently involved with

negotiations with the Department; (2)

one of the 62 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.

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 five tribes will be

afforded the opportunity to negotiate

self-governance agreements for fiscal

year 1998 and calendar year 1998, the

five tribes with the highest rankings

would be notified and negotiations

would be scheduled. The tribe ranked

sixth on the list would then have the

highest ranking to negotiate a selfgovernance agreement for 1999 or might

enter negotiations for 1998 if one of the

first five tribes discontinued

negotiations. In such a case, the tribe

that discontinued negotiations would

remain in the application pool with its

original ranking and would be the first

to be selected in 1998 for negotiating

agreements commencing in 1999.

Dated: January 6, 1997.

William A. Sinclair,

Director, Office of Self-Governance.

[FR Doc. 97–561 Filed 1–9–97; 8:45 am]

BILLING CODE 4310–02–M

Fish and Wildlife Service

Notice of Receipt of Applications for

Permit

The following applicants have

applied for a permit to conduct certain

activities with endangered species. This

notice is provided pursuant to Section

10(c) of the Endangered Species Act of

1973, as amended (16 U.S.C. 1531, et

seq.):

Applicant: Harold L. Ahlberg, Irving,

TX, PRT–823758.

The applicant requests a permit to

import a sport-hunted cheetah

(Acinonyx jubatus) from Namibia for the

purpose of enhancement of the survival

of the species.

Applicant: Patricia L. Zerbini,

Williston, FL, PRT–823609.

The applicant requests a permit to

reexport one Asian elephant (Elephas

maximus) born in captivity to

accompany applicant to Circus Krone,

Munchen, Germany for the purpose of

enhancement of the survival of the

species. The elephant is not being

exported for exhibition purposes.

Applicant: McCarthy’s Wildlife

Center, Inc., West Palm Beach, FL, PRT–

822008.

The applicant has requested a permit

to import two male and two female

captive-born cheetah (Acinonyx

jubatus), from the De Wildt Cheetah

Centre, South Africa, for the purpose of

enhancement of the species through

captive propagation and education.

Written data or comments should be

submitted to the Director, U.S. Fish and

Wildlife Service, Office of Management

Authority, 4401 North Fairfax Drive,

Room 430, Arlington, Virginia 22203

and must be received by the Director

within 30 days of the date of this

publication.

The public is invited to comment on

the following application(s) for permits

to conduct certain activities with marine

mammals. The application(s) was/were

submitted to satisfy requirements of the

Marine Mammal Protection Act of 1972,

as amended (16 U.S.C. 1361 et seq.) and

the regulations governing marine

mammals (50 CFR 18).

Applicant: Sea World, Inc., Orlando,

FL, PRT–823561.

Type of Permit: Import for public

display.

Name and Number of Animals: Polar

Bear (Ursus maritimus), 1.

Summary of Activity to be

Authorized: The applicant has requested

a permit to import to Sea World of

California for the purpose of public

display one male captive-born polar

bear for the purposes of public display.

Source of Marine Mammals for Public

Display: Hagenbeck Zoo, Germany.

Period of Activity: Up to five years

from issuance of a permit, if issued.

Applicant: Sea World, Inc., Orlando,

FL, PRT–823560.

Type of Permit: Import for public

display.

Name and Number of Animals: Polar

Bear (Ursus maritimus), 1.

Summary of Activity to be

Authorized: The applicant has requested

a permit to import to Sea World of

California one female captive-born polar

bear for the purposes of public display.

Source of Marine Mammals for Public

Display: Wuppertal Zoo, Germany.

Period of Activity: Up to five years

from issuance of permit, if issued.

Concurrent with the publication of

this notice in the Federal Register, the

Office of Management Authority is

forwarding copies of this application to

the Marine Mammal Commission and

the Committee of Scientific Advisors for

their review.

Written data or comments, requests

for copies of the complete application,

or requests for a public hearing on this

application should be sent to the U.S.

Fish and Wildlife Service, Office of

Management Authority, 4401 N. Fairfax

Drive, Room 430, Arlington, Virginia

22203, telephone 703/358–2104 or fax

703/358–2281 and must be received

within 30 days of the date of publication

of this notice. Anyone requesting a

hearing should give specific reasons

why a hearing would be appropriate.

The holding of such hearing is at the

discretion of the Director.

Documents and other information

submitted with these applications are

available for review, subject to the

requirements of the Privacy Act and

Freedom of Information Act,! by any

party who submits a written request for

a copy of such documents within 30

days of the date of publication of this

notice at the above address.

Dated: January 7, 1997.

Mary Ellen Amtower,

Acting Chief, Branch of Permits, Office of

Management Authority.

[FR Doc. 97–652 Filed 1–9–97; 8:45 am]

BILLING CODE 4310–55–P

Bureau of Indian Affairs

Distribution of Fiscal Year 1997

Contract Support Funds

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice of method for

distribution and use of Fiscal Year (FY)

1997 contract support funds (CSF).

SUMMARY: The purpose of this

Announcement is to issue the Bureau of
Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices 1469

Indian Affairs (BIA) administrative

instructions for the implementation of

Public Law (Pub. L.) 93–638 as amended

by Pub. L. 103–413, the Indian SelfDetermination Act Amendments of 1994

(the Act). These administrative

instructions are designed to provide BIA

personnel with assistance in carrying

out their responsibilities when

distributing CSF. These instructions are

not regulations establishing program

requirements.

DATES: The CSF Needs Report for

ongoing/existing contracts and annual

funding agreements are due on July 15,

1997. The CSF Needs Reports for new

and expanded contracts and annual

funding agreements are due periodically

throughout the year as the need arises.

All new and expanded contracts and

annual funding agreements starting

between October 1, 1996, and January 1,

1997, will be considered to have a

January 1, 1997, start date.

ADDRESSES: Bureau of Indian Affairs,

Division of Self-Determination Services,

1849 C Street, N.W., MS–4603–MIB,

Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Jim

Thomas, Chief, Division of SelfDetermination Services, (202) 208–5727.

SUPPLEMENTARY INFORMATION: A total of

$95,829,000 is available for contract

support requirements (excluding

construction requirements) during FY

1997. Congressional language sets a

ceiling on the amount of CSF available

in FY 1997. Of this amount $90,829,000

is available for contract support

requirements associated with FY 1997

costs of ongoing self-determination and

self-governance awards for programs

under contract prior to FY 1997. The

balance of $5,000,000 is provided to

continue the Indian Self-Determination

(ISD) Fund to provide contract support

for new and expanded contracts and

annual funding agreements first entered

into in FY 1997. Each BIA Area Office

and the Office of Self-Governance

(hereinafter office) has the responsibility

for tribes located within their respective

area to work with the tribes in

identifying new and expanded contracts

and annual funding agreements and

reporting this information to the

Division of Self-Determination Services

as specified in this announcement. CSF

shall be added to awards made under

Sec. 102 and Title IV of the Indian SelfDetermination and Education

Assistance Act, as amended. Awards

made under the authority of Sec. 103 of

this Act shall not receive CSF to meet

indirect costs, as contract support

provisions do not apply to Sec. 103

grants.

Basis for Payment of CSF

BIA will utilize tribal indirect cost

rates to determine the amount of CSF to

be paid to eligible contracting tribes and

tribal organizations and eligible selfgovernance tribes and tribal consortia.

In determining legitimate indirect cost

requirements each area and selfgovernance director should fund only

those contracting or compacting tribal

organizations that have an approved

indirect cost rate for either FY 1995,

1996 or 1997 or indirect cost proposal

currently under consideration by the

Office of Inspector General. In those

instances where a tribe or tribal

organization has more than one

approved rate or a current proposal

under consideration by the Office of the

Inspector General, the director should

use the most current rate or pending

proposal in determining the amount to

award. For those tribes who are unable

for good cause to negotiate an indirect

cost rate, area contract officers may

negotiate reasonable lump sum amounts

with these tribes.

Ongoing/Existing Contracts/Annual

Funding Agreements—Method of

Distribution

Each area office will submit CSF need

reports to the Central Office for ongoing

contracts and annual funding

agreements by July 15, 1997. A final

distribution of contract support will be

made on or about July 31, 1997. CSF

will be provided to each office from the

remaining available $90,829,000 based

on these reports. If these reports

indicate that $90,829,000 will not be

sufficient to cover the entire need, this

amount will be distributed pro rata, so

that all contractors and compactors

receive the same percentage of their

reported need.

Should the amount provided for these

existing contracts and annual funding

agreements prove insufficient, a tribe or

group of tribes may wish to reprogram

funds to make up deficiencies necessary

to recover full indirect costs. This tribal

reprogramming authority is limited to

funds for programs located in the Tribal

Priority Allocation (TPA) portion of the

tribal budget. Congressional language

does not provide authority for the

Bureau to reprogram funds from other

Bureau programs to meet any CSF

shortfalls.

For programs other than TPA, tribes

are not constrained from recovering full

indirect costs from within the overall

program and contract support funds

awarded for each program.

Each office will be suballotted 75

percent of the total amount which was

provided in FY 1996, as soon as

possible. Accordingly, each office

should then award 75 percent of

required contract support to each

contract/compact meeting the criteria

established below.

All contractors and self-governance

tribes/consortia with either a FY 1995,

1996, or 1997 approved indirect cost

rate, current indirect cost proposal, or

FY 1997 approved lump sum amount

are eligible for 75 percent of the

appropriate total amount to be paid with

the first allotment of CSF in FY 1997.

After the second allotment of CSF is

made (approximately July 31, 1997) all

contractors and self-governance tribes/

consortia should again receive their pro

rata share of CSF, based on the amount

provided at that time.

An ongoing/existing contract or

annual funding agreement is defined as

a BIA program operated by the tribal

contractor on an ongoing basis which

has been entered into prior to the

current fiscal year. An increase or

decrease in the level of funding from

year to year for such contracts or annual

funding agreements would not affect the

designation of such contracts or annual

funding agreements as being ongoing.

An assumption of additional BIA

program responsibilities would be

required to trigger a change in

designation.

Method of Distribution for New and

Expanded Contracts/Annual Funding

Agreements

Each office will submit CSF need

reports to the Central Office for new and

expanded contracts and annual funding

agreements periodically throughout the

year as new contracts or annual funding

agreements are awarded or existing

contracts or annual funding agreements

are expanded. Funds will be provided to

the offices as these reports are received

and will be taken from the $5,000,000

ISD Fund. These funds will be

distributed on a first-come-first-serve

basis at 100 percent of need using the

office reports.

In the event the $5,000,000 is

depleted, new or expanded contracts or

annual funding agreements awarded

after this fund has been exhausted will

not be provided any CSF during this

fiscal year. Requests received after this

fund has been exhausted will be

considered first for funding in the

following year, from funds appropriated

for this purpose. It should be noted that

there were a number of FY 1996 new

and expanded contracts and annual

funding agreements which were not

funded during FY 1996, and, in line

with the process outlined herein, they

will be given priority for funding over
1470 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices

FY 1997 new and expanded contracts

and annual funding agreements.

Priority of Funding for New and

Expanded Contracts/Annual Funding

Agreements

Contract support will be awarded

from the ISD fund to all new and

expanded contracts/annual funding

agreements based on the start date of the

award, and the application date, on a

first-come-first-serve basis. An Indian

Self-Determination Fund ‘‘applicant

roster’’ shall be maintained, which shall

list, in order of priority, the name of the

tribe or tribal organization, the name of

the program, the start date, the

application date, the amount of program

funds, the program cost code(s), the

amount of contract support funds

required, and the date of approved

Indirect Cost Rate agreement or lump

sum agreement.

‘‘Start date’’ means the date or

commencement of operation of the new

or expanded portion of the contract or

annual funding agreement by the tribe/

consortium or tribal organization.

However, because the SelfDetermination Act provides that

contracts/annual funding agreements

will be on a calendar year basis unless

otherwise provided by the tribe, any

start date on or prior to January 1 of

each year shall be considered a January

1 start date.

‘‘Application date’’ shall be the date

of the request by the tribe which

includes: (1) a tribal resolution

requesting a contract or annual funding

agreement; (2) a summary of the

program or portion thereof to be

operated by the Tribe/consortium or

Tribal organization; and (3) a summary

identifying the source and amount of

program or services funds to be

contracted or included in an annual

funding agreement and contract support

requirements. In the event that two

tribes or tribal organizations have the

same start date and application date,

then the next date for determination of

priority shall be the date the fully

complete application was received by

the BIA.

If all of the above are equal, and if

funds remaining in the ISD fund are not

adequate to fill the entire amount of

each award’s contract support

requirement, then each will be awarded

a proportionate share of its requirement

and shall remain on the Indian SelfDetermination Fund Roster in

appropriate order of priority for future

distributions.

New contract/annual funding

agreement is defined as the initial

transfer of a program, previously

operated by the BIA to the tribe/

consortium or tribal organization.

An expanded contract/annual funding

agreement is defined as a contract/

annual funding agreement which has

become enlarged, during the current

fiscal year through the assumption of

additional programs previously

operated by the BIA.

Criteria for Determining CSF Need for

New and Expanded Contracts/Annual

Funding Agreements

CSF for new and expanded contracts/

annual funding agreements will be

determined using the following criteria:

1. All contracts/annual funding

agreements initially entered into in FY

1997 that transfer the operation of a

program that was operated by the BIA

in the previous fiscal year to the tribe.

(TPA programs started or expanded in

FY 1997 that are a result of a change in

priorities from other already contracted

programs are not considered new or

expanded.)

2. All expansions of existing

contracts/annual funding agreements

that call for the tribe to assume more or

additional programs previously

operated by the BIA.

3. New and expanded program

assumptions under Self-Governance

annual funding agreements.

Criteria for Determining CSF Need for

Ongoing/Existing Contracts/Annual

Funding Agreements

CSF for ongoing and existing

contracts/annual funding agreements

will be determined using the following

criteria:

1. All TPA contracted programs or

those programs included in annual

funding agreements in FY 1996 and

continued in FY 1997, including

contracted or annual funding agreement

programs moved to TPA in FY 1997,

such as New Tribes, HIP, and Road

Maintenance.

2. Direct program funding increases

due to inflation adjustments and general

budget increases.

3. TPA programs started or expanded

in FY 1997 that are a result of a change

in priorities from other already

contracted/annual funding agreement

programs.

4. CSF differentials associated with

tribally-operated schools that receive

indirect costs through the application of

the administrative cost grant formula.

These differentials are to be calculated

in accordance with the criteria

prescribed in the Choctaw decision

dated September 18, 1992, issued by the

Contracting Officer, Eastern Area Office.

Copies of this decision can be obtained

by calling the telephone number

provided in this announcement. Tribes

that received differential funding under

this category in FY 1996 are eligible to

receive funding from this account in FY

1997. Tribes that did not receive

differential funding under this category

in FY 1996 are eligible for funding from

the ISD fund.

5. CSF will be distributed to the

Office of Self-Governance for ongoing

annual funding agreements, on the same

basis as area offices. All additional CSF

requirements will be met from the ISD

fund in accordance with the criteria

established above.

6. Funds available for Indian Child

Welfare Act (ICWA) programs or

reprogrammed from ICWA to other

programs will be considered ongoing for

the purposes of payment of contract

support costs.

7. The use of CSF to pay prior year

shortfalls is not authorized.

8. Programs funded from sources

other than those listed above that were

contracted in FY 1996 and are to be

contracted in FY 1997 are considered as

ongoing.

Dated: December 31, 1996.

Elizabeth L. Homer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–573 Filed 1–9–97; 8:45 am]

BILLING CODE 4310–02–P

Receipt of Petition for Reassumption

of Jurisdiction From the Chevak

Traditional Council of Chevak, Alaska

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice.

SUMMARY: This notice is published in

exercise of authority delegated by the

Secretary of the Interior to the Assistant

Secretary—Indian Affairs by 209 DM 8.

The Indian Child Welfare Act of 1978

(Pub. L. 95–608) provide, subject to

certain specified conditions, that Indian

tribes may petition the Secretary of the

Interior for reassumption of jurisdiction

over Indian child custody proceedings.

In accordance with 25 CFR Part 13,

this is notice that a petition has been

received by the Secretary from the

Chevak Traditional Council of Chevak,

Alaska, for the tribal reassumption of

jurisdiction over Indian child custody

proceedings in the State of Alaska. The

petition is under review and may be

inspected or copied at the Bureau of

Indian Affairs, Office of Tribal Services,

1849 C St., NW., room 4603 MIB,

Washington, DC 20240.