[Federal Register: February 2, 2005 (Volume 70, Number 21)]
[Notices]
[Page 5457-5460]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe05-78]
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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
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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]