[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Notices]
[Pages 5457-5460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1869]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Tribal Consultation on Proposed Self-Determination and Self-
Governance Funding Agreement Language on Fiduciary Trust Records 
Management

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of tribal consultation meeting.

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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 Self-Governance (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 
pre-scoping 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 Self-Determination, 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 Self-Determination, 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

[[Page 5458]]

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:

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    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]
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