3268 Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices 

administered by a tribal government 

through a self-governance funding 

agreement. The Department interprets 

this provision to authorize the inclusion 

of programs eligible for selfdetermination contracts under Title I of 

the Indian Self-Determination 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 

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 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, we will determine 

whether a specific function is inherently 

Federal on a case-by-case basis 

considering the totality of 

circumstances. 

The Office of Self-Governance 

requested comments on the proposed 

list on June 14, 2006. A number of 

editorial and technical changes were 

provided by Interior’s bureaus and 

incorporated into this Notice. While the 

Notice of June 14, 2006, illustrated all 

eligible non-BIA programs for the 

Department, this Notice is particular to 

Minerals Management Service (MMS). 

II. Eligible Non-BIA Programs of the 

Minerals Management Service 

Below is a listing of the types of nonBIA programs, or portions thereof, that 

may be eligible for self-governance 

funding agreements because they are 

either ‘‘otherwise available to Indians’’

under Title I and not precluded by any 

other law, or may have ‘‘special 

geographic, historical, or cultural 

significance’’ to a participating tribe. 

The list represents the most current 

information on programs potentially 

available to tribes under a selfgovernance funding agreement. 

The MMS will also consider for 

inclusion in funding agreements other 

programs or activities not included 

below, but which, upon request of a 

self-governance tribe, MMS determines 

to be eligible under either sections 

403(b)(2) or 403(c) of the Act. Tribes 

with an interest in such potential 

agreements are encouraged to begin 

such discussions. 

The MMS provides stewardship of 

America’s offshore resources and 

collects revenues generated from 

mineral leases on Federal and Indian 

lands. The MMS is responsible for the 

management of the Federal Outer 

Continental Shelf, which are submerged 

lands off the coasts that have significant 

energy and mineral resources. Within 

the Offshore Minerals Management 

program, environmental impact 

assessments and statements, and 

environmental studies may be available 

if a self-governance tribe demonstrates a 

special geographic, cultural or historical 

connection. 

The MMS also offers mineral-owning 

tribes other opportunities to become 

involved in its Minerals Revenue 

Management (MRM) functions. These 

programs address the intent of tribal 

self-governance but are available 

regardless of self-governance intentions 

or status and are a good prerequisite for 

assuming other technical functions. 

Generally, MRM functions are available 

to tribes because of the Federal Oil and 

Gas Royalty Management Act of 1982 

(FOGRMA) at 30 U.S.C. 1701. The MRM 

functions that may be available to selfgovernance tribes includes: 

1. Audit of Tribal Royalty Payments. 

Audit activities for tribal leases, except 

for the issuance of orders, final 

valuation decisions, and other 

enforcement activities. (For tribes 

already participating in MMS 

cooperative audits, this program is 

offered as an option.) 

2. Verification of Tribal Royalty 

Payments. Financial compliance 

verification and monitoring activities, 

and production verification. 

3. Tribal Royalty Reporting, 

Accounting, and Data Management. 

Establishment and management of 

royalty reporting and accounting 

systems including document processing, 

production reporting, reference data 

(lease, payor, agreement) management, 

billing and general ledger. 

4. Tribal Royalty Valuation. 

Preliminary analysis and 

recommendations for valuation and 

allowance determinations and 

approvals. 

5. Royalty Management of Allotted 

Leases. Mineral revenue collections of 

allotted leases, provided that MMS 

consults with and obtains written 

approval from affected individual 

Indian mineral owners to delegate this 

responsibility to the tribe. 

6. On-line Monitoring of Royalties and 

Accounts. On-line computer access to 

reports, payments, and royalty 

information contained in MMS 

accounts. The MMS will install 

equipment at tribal locations, train tribal 

staff, and assist tribes in researching and 

monitoring all payments, reports, 

accounts, and historical information 

regarding their leases. 

7. Royalty Internship Program. An 

orientation and training program for 

auditors and accountants from mineral 

producing tribes to acquaint tribal staff 

with royalty laws, procedures, and 

techniques. This program is 

recommended for tribes that are 

considering a self-governance funding 

agreement, but have not yet acquired 

mineral revenue expertise via a 

FOGRMA section 202 cooperative 

agreement, as this is the term contained 

in FOGRMA and implementing 

regulations at 30 CFR 228.4. 

For questions regarding selfgovernance contact Shirley M. Conway, 

Regulations Manager, Minerals Revenue 

Management, Minerals Management 

Service, MS 5557 MIB,1849 C Street, 

NW., Washington, DC 20240, telephone 

202–208–3512, fax 202–501–0247. 

III. Programmatic Targets 

During Fiscal Year 2008, upon request 

of a self-governance tribe, MMS will 

negotiate funding agreements for its 

eligible programs beyond those already 

negotiated. 

Dated: December 27, 2007. 

Randall B. Luthi, 

Director, Minerals Management Service. 

[FR Doc. E8–766 Filed 1–16–08; 8:45 am] 

BILLING CODE 4310–MR–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Hearing of the Judicial Conference 

Advisory Committees on Rules of: 

Appellate, Bankruptcy, Civil, and 

Criminal Procedure 

AGENCY: Judicial Conference of the 

United States, Advisory Committees on 

Rules of Appellate, Bankruptcy, Civil, 

and Criminal Procedure. 

ACTION: Notice of cancellation of open 

hearings. 

SUMMARY: The public hearings on 

proposed amendments to the Federal 

Rules of Appellate, Bankruptcy, Civil, 

and Criminal Rules, scheduled for 

January 16, 2008, in Pasadena, 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices 3269 

California; Criminal Rules, scheduled 

for January 18, 2008, in Washington, 

DC; Bankruptcy Rules, scheduled for 

January 25, 2008, in Washington, DC; 

Civil Rules, scheduled for January 28, 

2008, in Washington, DC; and Appellate 

Rules, scheduled for February 1, 2008, 

in New Orleans, Louisiana, have been 

canceled. [Original notice of hearings 

appeared in the Federal Register of 

November 1, 2007.] 

FOR FURTHER INFORMATION CONTACT: John 

K. Rabiej, Chief, Rules Committee 

Support Office, Administrative Office of 

the United State Courts, Washington, 

DC 20544, telephone (202) 502–1820. 

Dated: January 10, 2008. 

John K. Rabiej, 

Chief, Rules Committee Support Office. 

[FR Doc. 08–143 Filed 1–16–08; 8:45 am] 

BILLING CODE 2210–55–M 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Meeting of the Judicial Conference 

Advisory Committee on Rules of 

Evidence 

AGENCY: Judicial Conference of the 

United States Advisory Committee on 

Rules of Evidence. 

ACTION: Notice of open meeting. 

SUMMARY: The Advisory Committee on 

Rules of Evidence will hold a two-day 

meeting. The meeting will be open to 

public observation but not participation. 

DATES: May 1–2, 2008. 

TIME: 8:30 a.m. to 5 p.m. 

ADDRESSES: Millennium Bostonian 

Hotel, 26 North Street-Faneuil Hall 

Marketplace, Boston, MA 02109. 

FOR FURTHER INFORMATION CONTACT: John 

K. Rabiej, Chief, Rules Committee 

Support Office, Administrative Office of 

the United States Courts, Washington, 

DC 20544, telephone (202) 502–1820. 

Dated: January 11, 2008. 

John K. Rabiej, 

Chief, Rules Committee Support Office. 

[FR Doc. 08–144 Filed 1–16–08; 8:45 am] 

BILLING CODE 2210–55–M 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Meeting of the Judicial Conference 

Advisory Committee on Rules of 

Appellate Procedure 

AGENCY: Judicial Conference of the 

United States Advisory Committee on 

Rules of Appellate Procedure. 

ACTION: Notice of open meeting. 

SUMMARY: The Advisory Committee on 

Rules of Appellate Procedure will hold 

a two-day meeting. The meeting will be 

open to public observation but not 

participation. 

DATES: April 10–11, 2008. 

TIME: 8:30 a.m. to 5 p.m. 

ADDRESSES: Monterey Plaza Hotel, 400 

Cannery Row, Monterey, CA 93940. 

FOR FURTHER INFORMATION CONTACT: John 

K. Rabiej, Chief, Rules Committee 

Support Office, Administrative Office of 

the United States Courts, Washington, 

DC 20544, telephone (202) 502-1820. 

Dated: January 11, 2008. 

John K. Rabiej, 

Chief, Rules Committee Support Office. 

[FR Doc. 08–145 Filed 1–16–08; 8:45 am] 

BILLING CODE 2210–55–M 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Meeting of the Judicial Conference 

Advisory Committee on Rules of Civil 

Procedure 

AGENCY: Judicial Conference of the 

United States Advisory Committee on 

Rules of Civil Procedure. 

ACTION: Notice of open meeting. 

SUMMARY: The Advisory Committee on 

Rules of Civil Procedure will hold a 

two-day meeting. The meeting will be 

open to public observation but not 

participation. 

DATES: April 7–8, 2008. 

TIME: 8:30 a.m. to 5 p.m. 

ADDRESSES: The Ritz-Carlton Half Moon 

Bay, One Miramontes Point Road, Half 

Moon Bay, CA 94019. 

FOR FURTHER INFORMATION CONTACT: John 

K. Rabiej, Chief, Rules Committee 

Support Office, Administrative Office of 

the United States Courts, Washington, 

DC 20544, telephone (202) 502–1820. 

Dated: January 11, 2008. 

John K. Rabiej, 

Chief, Rules Committee Support Office. 

[FR Doc. 08–146 Filed 1–16–08; 8:45 am] 

BILLING CODE 2210–55–M 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Meeting of the Judicial Conference 

Advisory Committee on Rules of 

Criminal Procedure 

AGENCY: Judicial Conference of the 

United States Advisory Committee on 

Rules of Criminal Procedure. 

ACTION: Notice of open meeting. 

SUMMARY: The Advisory Committee on 

Rules of Criminal Procedure will hold a 

two-day meeting. The meeting will be 

open to public observation but not 

participation. 

DATES: April 28–29, 2008. 

TIME: 8:30 a.m. to 5 p.m. 

ADDRESSES: Thurgood Marshall Federal 

Judiciary Building, One Columbus 

Circle, NE., Washington, DC 20054. 

FOR FURTHER INFORMATION CONTACT: John 

K. Rabiej, Chief, Rules Committee 

Support Office, Administrative Office of 

the United States Courts, Washington, 

DC 20544, telephone (202) 502–1820. 

Dated: January 11, 2008. 

John K. Rabiej, 

Chief, Rules Committee Support Office. 

[FR Doc. 08–147 Filed 1–16–08; 8:45 am] 

BILLING CODE 2210–55–M 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Meeting of the Judicial Conference 

Advisory Committee on Rules of 

Bankruptcy Procedure 

AGENCY: Judicial Conference of the 

United States Advisory Committee on 

Rules of Bankruptcy Procedure. 

ACTION: Notice of open meeting. 

SUMMARY: The Advisory Committee on 

Rules of Bankruptcy Procedure will 

hold a two-day meeting. The meeting 

will be open to public observation but 

not participation. 

DATES: March 27–28, 2008. 

TIME: 8:30 a.m. to 5 p.m. 

ADDRESSES: The Inn at Perry Cabin, 308 

Warkins Lane, St. Michaels, MD 21663. 

FOR FURTHER INFORMATION CONTACT: John 

K. Rabiej, Chief, Rules Committee 

Support Office, Administrative Office of 

the United States Courts, Washington, 

DC 20544, telephone (202) 502–1820. 

Dated: January 11, 2008. 

John K. Rabiej, 

Chief, Rules Committee Support Office. 

[FR Doc. 08–148 Filed 1–16–08; 8:45 am] 

BILLING CODE 2210–55–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree, 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980 

Notice is hereby given that on January 

7, 2008, a proposed Settlement 

Agreement in In Re: Bush Industries, 

Inc., No. 09–12295 was lodged with the 

mstockstill on PROD1PC66 with NOTICES