Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices 5457

SUMMARY: TSA invites public comment 

on a currently approved public 

information collection requirement 

abstracted below that will be submitted 

to OMB for renewal in compliance with 

the Paperwork Reduction Act.

DATES: Send your comments by April 4, 

2005.

ADDRESSES: Comments may be mailed 

or delivered to Katrina Wawer, 

Information Collection Specialist, Office 

of Transportation Security Policy, TSA–

9, Transportation Security 

Administration, 601 South 12th Street, 

Arlington, VA 22202–4220.

FOR FURTHER INFORMATION CONTACT:

Katrina Wawer at the above address or 

by telephone at 571–227–1995.

SUPPLEMENTARY INFORMATION: In 

accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 3501 

et seq.), an agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information, 

unless it displays a valid OMB control 

number. Therefore, in preparation for 

submission to renew clearance of the 

following information collection, TSA is 

soliciting comments to—

(1) Evaluate whether the proposed 

information requirement is necessary for 

the proper performance of the functions 

of the agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

1652–0002, Airport Security, 49 CFR 

part 1542. The Federal Aviation 

Administration (FAA) initially required 

this collection under 14 CFR part 107 

(now 49 CFR part 1542) and cleared 

under OMB control number 2120–0656. 

The responsibility for the collection has 

been transferred to TSA from FAA and 

assigned OMB control number 1652–

0002. Part 1542, Airport Security, 

implements the provisions of the 

Aviation Security Improvement Act and 

the Aviation and Transportation 

Security Act, as amended, that relates to 

the security of persons and property at 

airports operating in commercial air 

transportation. TSA is seeking renewal 

of this information collection because 

airport security programs are needed to 

ensure protection of persons and 

property in air transportation against 

acts of terrorism, to ensure passenger 

screening procedures are effective, and 

that information is available to comply 

with Congressional reporting 

requirements. The affected public is an 

estimated 445 regulated airport 

operators. The current estimated annual 

burden is 509,203 hours annually.

Issued in Arlington, Virginia January 28, 

2005. 

Lisa S. Dean, 

Privacy Officer.

[FR Doc. 05–1927 Filed 2–1–05; 8:45 am] 

BILLING CODE 4910–62–P

DEPARTMENT OF THE INTERIOR

Office of the Secretary 

Tribal Consultation on Proposed SelfDetermination and Self-Governance 

Funding Agreement Language on 

Fiduciary Trust Records Management

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of tribal consultation 

meeting. 

SUMMARY: This notice announces three 

consultation meetings that will be held 

to obtain oral and written comments 

concerning (1) a proposed policy on 

fiduciary trust records management for 

Self-Determination (Title I) and SelfGovernance (Title IV) Tribes/Consortia; 

and (2) proposed language to be 

negotiated as part of the 2006 Title I and 

Title IV funding agreements regarding 

fiduciary trust records management. 

These meetings support the Department 

of the Interior’s (Department’s) 

administrative policy on tribal 

consultation by encouraging maximum 

direct participation of representatives of 

tribal governments, tribal organizations 

and other interested persons on 

important Departmental issues and 

processes. 

In developing the proposed policy 

and language, the Department had prescoping telephone conversations with 

tribal leaders and staff; held a scoping 

meeting as part of a 2-day conference on 

Indian trust records management; 

formed a Tribal Fiduciary Trust Records 

Management Workgroup; held four 

workgroup meetings; transmitted a 

tribal leader letter soliciting comments 

on the proposed policy language to be 

presented for consultation; and engaged 

in discussions with tribal leaders and 

staff at the Fall Self-Governance 

Conference. The proposed policy and 

language incorporates many valuable 

comments received to date. The 

upcoming consultation will provide 

another opportunity for Indian tribes 

and interested parties to comment on 

proposed federal policy and funding 

agreement language regarding fiduciary 

trust records management for Title I and 

Title IV Tribes/Consortia. 

Once final decisions are made 

regarding the policy and the funding 

agreement language, guidance will be 

provided to the Director, Bureau of 

Indian Affairs and the Director, Office of 

Self-Governance and Self-Determination 

regarding language to be negotiated as 

part of the 2006 Title I and Title IV 

funding agreements regarding fiduciary 

trust records management.

DATES: The following three consultation 

meetings will be held: 

1. March 2, 2005, 9 a.m. to 1 p.m., 

Portland, Oregon. 

2. March 3, 2005, 9 a.m. to 1 p.m., 

Phoenix, Arizona. 

3. March 9, 2005, 9 a.m. to 1 p.m., 

Nashville, Tennessee. 

Written comments should be 

postmarked or faxed no later than 

March 11, 2005.

ADDRESSES: The meeting locations are: 

1. Portland—Red Lion Portland 

Convention Center, 1021 NE. Grand 

Avenue, Portland, Oregon; telephone: 

(503) 235–2100. 

2. Phoenix—Hilton Phoenix Airport, 

2435 South 47th Street, Phoenix, 

Arizona; telephone: (480) 894–1600. 

3. Nashville—DoubleTree Hotel 

Nashville—Downtown, 315 4th Avenue 

North, Nashville, Tennessee; telephone: 

(615) 747–8200. 

Written comments may be mailed to 

William A. Sinclair, Director, Office of 

Self-Governance and SelfDetermination, Mail Stop 4618–MIB, 

1849 C Street, NW., U.S. Department of 

the Interior, Washington, DC 20240. 

Postmark must be no later than March 

11, 2005. Comments may also be faxed 

to William A. Sinclair at (202) 219–1404 

no later than March 11, 2005.

FOR FURTHER INFORMATION CONTACT:

William A. Sinclair, Director, Office of 

Self-Governance and SelfDetermination, Mail Stop 4618–MIB, 

1849 C Street, NW., U.S. Department of 

the Interior, Washington, DC 20240; 

telephone: (202) 219–0244

SUPPLEMENTARY INFORMATION: The 

purpose of these consultation meetings 

is to provide Indian Tribes/Consortia 

and other interested parties with 

opportunities to consult on the 

proposed Department’s policy on 

fiduciary trust records management 

regarding Title I and Title IV Tribes/

Consortia and on proposed language to 

be negotiated as part of the 2006 Title 

I and Title IV funding agreements 

regarding fiduciary trust records 

management. The policy and language 

are being formulated to assure 

fulfillment of the United States’ trust 

5458 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices 

responsibility (1) to protect and preserve 

fiduciary trust records for tribal and 

individual Indian trust assets and (2) to 

confirm protection and beneficial use of 

Indian trust assets given the United 

States’ trust responsibility for the trust 

assets being managed by Tribes/

Consortia under Title I/Title IV funding 

agreements. 

The proposed Department’s Policy on 

Fiduciary Trust Records Management 

for Title I and Title IV Tribes/Consortia 

follows: 

Preamble: The purpose of this 

fiduciary trust records policy is to create 

a partnership regarding fiduciary trust 

records management between Title I and 

Title IV Tribes/Consortia and the U.S. 

Department of the Interior (Department) 

so that Tribes/Consortia can continue to 

carry out their inherent governmental 

responsibilities and so that the Secretary 

of the Interior (Secretary) can fully 

discharge her responsibility as the 

trustee-delegate. This policy recognizes 

that Title I and Title IV Tribes/

Consortia, as sovereign governments, are 

responsible for enhancing and 

protecting tribal resources to support 

the well being of their constituents and 

for fulfilling the requirements of their 

Title I and Title IV funding agreements. 

This policy recognizes that the 

Department has delegated non-inherent 

federal trust activities to Tribes and will 

assist, coordinate with and support 

Tribes/Consortia as both governments 

carry out this policy. 

Policy Statement: The Secretary of the 

Interior (Secretary) must preserve, 

protect and manage all fiduciary trust 

records for the tribal and individual 

Indian trust assets that the Department 

manages as defined in footnote 2 on the 

decision flow chart. When Tribes/

Consortia assume a fiduciary trust 

program, service, function or activity, or 

portion thereof, under Title I or Title IV 

funding agreements, they too must 

preserve, protect and manage all 

fiduciary trust records (as defined in 

footnote 2 on the decision flow chart), 

regardless of the source of funds used to 

generate the fiduciary trust records. This 

policy does not add any record keeping 

requirements on Tribes/Consortia. 

Except for the information that Tribes/

Consortia must maintain pursuant to 

statutes and regulations, Tribes/

Consortia are allowed to create those 

records they deem necessary to 

implement the trust programs assumed 

under Title I or Title IV funding 

agreements. These tribally created or 

maintained fiduciary trust records are 

permanent records and shall not be 

destroyed. With the exception of those 

fiduciary trust records submitted to the 

Secretary as part of a trust transaction 

decision, such records remain in the 

legal custody of the Tribe/Consortium 

and are not subject to the Freedom of 

Information Act (FOIA). The American 

Indian Records Repository (AIRR) in 

Lenexa, Kansas, is available to store all 

fiduciary trust records, including those 

from a Tribe/Consortium that no longer 

wishes to store its fiduciary trust 

records onsite or near the reservation. 

These records, when housed in the 

AIRR, will remain in the Tribe’s/

Consortium’s legal custody. 

The Secretary shall have reasonable 

access to the fiduciary trust records 

maintained by the Tribe/Consortium. 

The Secretary shall give reasonable oral 

or written advance request for access. 

Access shall include visual inspection 

and the production of copies as 

necessary and shall not include the 

involuntary removal of the records. 

Decision Flow Chart: The flow 

diagram entitled ‘‘Is it a fiduciary trust 

record?’’ follows:

BILLING CODE 4310–WS–P

Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices 5459

BILLING CODE 4310–WS–C


EN02FE05.000</GPH>
5460 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices 

The following language is proposed to 

be negotiated as part of the 2006 Title 

I and Title IV funding agreements 

regarding fiduciary trust records 

management:

The Tribe/Consortium and Secretary agree 

to implement the Policy on Fiduciary Trust 

Records Management for Title I and Title IV 

Tribes/Consortia by working cooperatively in 

records creation, maintenance and 

disposition and training activities.

The Tribe/Consortium agrees to: 

(a) Preserve, protect and manage all 

fiduciary trust records, as defined in the 

Secretary of Interior’s Policy on 

Fiduciary Trust Records Management 

for Title I and Title IV Tribes/Consortia 

created and maintained by Tribes/

Consortia during their management of 

trust programs in their Title I/Title IV 

agreements; 

(b) Make available to the Secretary all 

fiduciary trust records maintained by 

the Tribe/Consortium, provided that the 

Secretary gives reasonable oral or 

written advance request to the Tribe/

Consortium. Access shall include visual 

inspection and the production of copies 

as necessary and shall not include the 

involuntary removal of the records; and 

(c) Store and permanently retain all 

inactive fiduciary trust records at the 

Tribe/Consortium or allow such records 

to be removed and stored at the 

American Indian Records Repository 

(AIRR) in Lenexa, Kansas at no cost to 

the Tribe/Consortium. 

The Secretary agrees to: 

(a) Allow the Tribe/Consortium to 

determine what records it maintains to 

implement the trust program assumed 

under a Title I or Title IV agreement 

except it must maintain the information 

required by statute and regulation; 

(b) Store all inactive fiduciary trust 

records at AIRR at no cost to the Tribe/

Consortium when the Tribe/Consortium 

no longer wishes to keep the records. 

Further, the Tribe/Consortium will 

retain legal custody and determine 

access to these records; 

(c) Work with the Tribe/Consortium 

on a tribal storage and retrieval system 

for fiduciary trust records stored at 

AIRR; and 

(d) Provide technical and financial 

assistance for Tribes/Consortia in 

preserving, protecting and managing 

their fiduciary trust records from 

available funds appropriated for this 

purpose.

Dated: January 26, 2005. 

Abraham E. Haspel, 

Assistant Deputy Secretary—Office of the 

Secretary.

[FR Doc. 05–1869 Filed 2–1–05; 8:45 am] 

BILLING CODE 4310–W8–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

Endangered and Threatened Wildlife 

and Plants; 5-Year Review of Lesser 

Long-nosed Bat, Black-capped Vireo, 

Yuma Clapper Rail, Pima Pineapple 

Cactus, Gypsum Wild-Buckwheat, 

Mesa Verde Cactus, and Zuni Fleabane

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of review.

SUMMARY: The U.S. Fish and Wildlife 

Service (Service) announces a 5-year 

review of the lesser long-nosed bat 

(Leptonycteris curasoae yerbabuenae), 

the black-capped vireo (Vireo 

atricapilla), the Yuma clapper rail 

(Rallus longirostris yumanensis), Pima 

pineapple cactus (Coryphantha sheeri

var. robustispina), gypsum wildbuckwheat (Erigonum gypsophilum), 

Mesa Verde cactus (Sclerocactus mesaeverde), and Zuni fleabane (Erigeron 

rhizomatus) under the Endangered 

Species Act of 1973 (Act). The purpose 

of reviews conducted under this section 

of the Act is to ensure that the 

classification of species as threatened or 

endangered on the List of Endangered 

and Threatened Wildlife and Plants (50 

CFR 17.12) is accurate. The 5-year 

review is an assessment of the best 

scientific and commercial data available 

at the time of the review.

DATES: To allow adequate time to 

conduct this review, information 

submitted for our consideration must be 

received on or before May 3, 2005. 

However, we will continue to accept 

new information about any listed 

species at any time.

ADDRESSES: Information submitted on 

these species should be sent to the U.S. 

Fish and Wildlife Service at the 

following addresses. Information 

received in response to this notice of 

review will be available for public 

inspection by appointment, during 

normal business hours, at the same 

addresses. 

Information regarding the lesser longnosed bat, Yuma clapper rail, and Pima 

pineapple cactus should be sent to the 

Field Supervisor, Attention 5-year 

Review, U.S. Fish and Wildlife Service, 

Arizona Ecological Services Field 

Office, 2321 West Royal Palm Road, 

Suite 103, Phoenix, AZ 85021. 

Information regarding the blackcapped vireo should be sent to the Field 

Supervisor, Attention 5-year Review, 

U.S. Fish and Wildlife Service, 

Ecological Services, 711 Stadium Drive, 

Suite 252, Arlington, TX 76011.

Information regarding gypsum wildbuckwheat, Mesa verde cactus, and 

Zuni fleabane should be sent to the 

Field Supervisor, Attention 5-year 

Review, U.S. Fish and Wildlife Service, 

New Mexico Ecological Services Field 

Office, 2105 Osuna Road NE, 

Albuquerque, NM 87113.

FOR FURTHER INFORMATION CONTACT: For 

the lesser long-nosed bat, contact Scott 

Richardson at the U.S. Fish and Wildlife 

Service Arizona Ecological Services 

Tucson Sub-Office, 201 North Bonita, 

Suite 141, Tucson, AZ 84745, 520–670–

6150 x 242, scott_richardson@fws.gov.

For the Pima pineapple cactus, contact 

Mima Falk at Tucson Sub-Office address 

above, 520–670–6150 x 225, 

mima_falk@fws.gov. For the blackcapped vireo, contact Omar Bocanegra 

at the U.S. Fish and Wildlife Service, 

Ecological Services Field Office, 711 

Stadium Drive, Arlington, TX 76011, 

817–277–1100, 

omar_bocanegra@fws.gov. For the Yuma 

clapper rail, contact Lesley Fitzpatrick 

at the U.S. Fish and Wildlife Service 

Arizona Ecological Services Field 

Office, 2321 West Royal Palm Road, 

Suite 103, Phoenix, AZ, 85021, 602–

242–0210 x 236, 

lesley_fitzpatrick@fws.gov. For the 

gypsum wild-buckwheat, Mesa Verde 

cactus, and Zuni fleabane, contact 

Nancy Baczek at the New Mexico 

Ecological Services Field Office, 2105 

Osuna Road, NE, Albuquerque, NM 

87113, 505–761–4711, 

nancy_baczek@fws.gov.

SUPPLEMENTARY INFORMATION:

Why Is a 5-Year Review Conducted? 

Section 4(c)(2)(A) of the Act (16 

U.S.C. 1531 et seq.) requires that we 

conduct a review of listed species at 

least once every 5 years. We are then, 

under section 4(c)(2)(B) and the 

provisions of subsections (a) and (b), to 

determine, on the basis of such a 

review, whether or not any species 

should be removed from the List of 

Endangered and Threatened Wildlife 

and Plants (delisted), or reclassified 

from endangered to threatened 

(downlisted) , or from threatened to 

endangered (uplisted). The 5-year 

review is an assessment of the best 

scientific and commercial data available 

at the time of the review. Therefore, we 

are requesting submission of any new 

information (best scientific and 

commercial data) on the following 

species since their original listings as 

either endangered (lesser long-nosed 

bat, black-capped vireo, Yuma clapper 

rail, and Pima pineapple cactus) or 

threatened (gypsum wild-buckwheat, 

Mesa Verde cactus, and Zuni fleabane).