[Federal Register: September 26, 2007 (Volume 72, Number 186)]
[Notices]
[Page 54672-54673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se07-88]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
Native Hawaiian Organization Notification List
AGENCY: Office of Hawaiian Relations, Office of the Secretary,
Department of the Interior.
ACTION: Creation of a Native Hawaiian Organization Notification List to
be maintained by the U.S. Department of the Interior, Office of
Hawaiian Relations.
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SUMMARY: The Office of Hawaiian Relations (OHR), within the Office of
the Secretary, U.S. Department of the Interior (DOI), has developed
criteria for establishment of a Native Hawaiian Organization
Notification List (Notification List). The purpose of the Notification
List is to provide the DOI officials with a tool to help satisfy their
statutory notification obligations under such laws as the National
Environmental Policy Act (NEPA), the National Historic Preservation Act
(NHPA), and the Native American Graves Protection and Repatriation Act
(NAGPRA). It is also the intent of the Office of Hawaiian Relations to
make available to other Federal agency officials this mechanism to
assist them with their reasonable and good faith efforts to identify
Native Hawaiian organizations that are to be notified or consulted with
when required by statute or when desired.
DATES: Eligible organizations should submit their application for
inclusion on the list. Although organizations may apply for inclusion
on the list at anytime, we will begin using the list on November 26,
2007.
ADDRESSES: To apply for placement of an organization on the
Notification List send certification to: Ka'i'ini K. Kaloi, Director,
Office of Hawaiian Relations, 1849 C Street, NW., MS 3543, Washington,
DC 20240.
SUPPLEMENTARY INFORMATION:
1. What Does the Native Hawaiian Organization Notification List Do?
a. The Native Hawaiian Organization Notification List, to be
maintained and housed within OHR, is designed to assist the DOI and
other agencies to locate and communicate with interested Native
Hawaiian organizations when statutory, regulatory, or when otherwise
desired by the agency.
b. The Native Hawaiian Organization Notification List may assist
other Federal agency officials with their reasonable and good faith
efforts to identify Native Hawaiian organizations that are to be
notified or consulted with when required by statute or when otherwise
desired by the agency.
c. The Native Hawaiian Organization Notification List is voluntary,
and Native Hawaiian organizations are not required to participate in
the Notification List. However, it is anticipated that Federal agencies
will rely on this list.
d. The placement of an organization on the Notification List shall
not be construed as recognition by the Federal Government that the
organization is a governmental, tribal, or other similar type entity.
e. The placement of an organization on the Notification List is not
intended to and does not confer any substantive or procedural right,
benefit, or privilege enforceable at law or in equity, which is not
otherwise available to the organization by law, by any party against
the United States, its agencies or instrumentalities, its officers or
employees, or any other person.
f. The Notification List is created as a convenience for the U.S.
Government and Native Hawaiian organizations. It does not provide a
basis for legal action against the U.S. Government.
2. How Does a Native Hawaiian Organization Apply To Be on the Native
Hawaiian Organization Notification List?
a. An organization must certify in writing to OHR the following:
i. The organization serves and represents the interests of Native
Hawaiians;
ii. The organization has as a primary and stated purpose the
provision of services to Native Hawaiians;
iii. The organization has expertise in Native Hawaiian affairs; and
iv. The organization would like to be placed on the Notification
List.
b. The certification must be signed and dated by the organization's
governing body and include a valid U.S. mailing address where the
organization wants notifications to be sent.
c. The request may also include the organization's topical and
geographic areas of interest.
d. If the certification from the organization is incomplete, the
organization may not be listed.
e. It is a violation of Federal law to make false, fictitious, or
fraudulent statements to the Federal Government.
[[Page 54673]]
3. How Long Does Registration on the Notification List Last?
Placement on the list is valid for five years. Placement
automatically expires at the end of five years, measured from the date
the organization was placed on the Notification List or last had its
membership renewed, whichever is more recent. The OHR will notify the
organization at the last listed address of the need to renew their
membership on the Notification List.
4. How Will DOI Manage and Provide Public Notification of the List?
a. The DOI will maintain the Native Hawaiian Organization
Notification List and will periodically update it.
i. The OHR will publish on the DOI Web site the names and contact
information of the listed Native Hawaiian organizations. The
information contained therein will be updated periodically
ii. Copies of the Notification List and instructions outlining how
to become a listed organization will also be available online or may be
requested from the OHR.
5. How Will Listed Native Hawaiian Organizations Be Notified of Federal
Actions?
a. Agency officials who are seeking to consult with Native Hawaiian
organizations regarding a NAGPRA or NHPA action should notify those
Native Hawaiian organizations on the Notification List.
b. The notification should:
i. Be sent to the address listed on the Native Hawaiian
Organization Notification List;
ii. Outline the Federal action to take place that will affect
Native Hawaiians;
iii. Provide a point of contact within the acting agency for the
Native Hawaiian organization where inquiries may be sent.
6. What Must a Listed Native Hawaiian Organization Do in Order To
Remain on the Notification List?
a. To remain on the Notification List, Native Hawaiian
organizations must submit a written request at least every five years.
It is the responsibility of the organization to notify the OHR of
changes to its U.S. mailing address.
b. The request to remain on the Notification List must be sent to
the DOI, OHR, within 30 days before the organization's listing expires.
c. The request to remain on the Notification List must include a
certification, signed and dated by the organization's governing body,
that includes:
i. The organization's current contact information, including a
valid U.S. mailing address;
ii. A statement that the organization meets the criteria listed in
2(a)(i)-(iii); and
iii. A statement that it is the official position of the
organization to remain on the Notification List.
d. If the information submitted by an organization to update its
registration is incomplete, the organization may not remain listed.
e. If an organization does not provide a satisfactory update every
five years, registration on the Notification List will automatically
expire. Registration automatically expires at the end of two years
measured from the date the organization was placed on the Notification
List or the date the organization last submitted a written request to
remain on the Notification List, whichever is more recent.
7. How Does an Organization Voluntarily Remove Its Name From the
Notification List?
a. If an organization wants to be removed from the Notification
List prior to the automatic expiration date, the organization must send
a signed and dated written statement from the organization's governing
body affirmatively requesting removal from the Notification List.
b. After receipt of the removal request, the OHR will remove the
organization during the periodic update of the Notification List.
Dated: September 5, 2007.
Ka'i'ini Kaloi,
Director, Office of Hawaiian Relations.
[FR Doc. E7-19003 Filed 9-25-07; 8:45 am]
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