[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Pages 10512-10516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04743]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[189A2100DD/AAKC001030/A0A501010.999900 253G]
List of Programs Eligible for Inclusion in Funding Agreements
Negotiated With Self-Governance Tribes by Interior Bureaus Other Than
the Bureau of Indian Affairs and Fiscal Year 2018 Programmatic Targets
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
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SUMMARY: This notice lists programs or portions of programs that are
eligible for inclusion in self-governance funding agreements with
Indian Tribes and lists Fiscal Year 2018 programmatic targets for each
of the non-Bureau of Indian Affairs (BIA) bureaus in the Department of
the Interior (Department), pursuant to Title IV of the Indian Self-
Determination and Education Assistance Act (Act), as amended.
DATES: These programs are eligible for inclusion in self-governance
funding agreements until September 30, 2018.
ADDRESSES: Inquiries or comments regarding this notice may be directed
to Ms. Sharee M. Freeman, Director, Office of Self-Governance (MS 355H-
SIB), 1849 C Street NW, Washington, DC 20240-0001, telephone: (202)
219-0240, fax: (202) 219-1404, or to the bureau-specific points of
contact listed below.
FOR FURTHER INFORMATION CONTACT: Dr. Kenneth D. Reinfeld, Office of
Self-Governance, telephone: (703) 390-6551 or (202) 821-7107.
SUPPLEMENTARY INFORMATION:
I. Background
Title IV of the Act instituted a permanent self-governance program
at the Department. Under the self-governance program, certain programs,
services, functions, and activities, or portions thereof, in Department
bureaus other than BIA are eligible to be planned, conducted,
consolidated, and administered by a self-governance Tribe.
Under section 405(c) of the Act, the Secretary of the Interior
(Secretary) is required to publish annually: (1) A list of non-BIA
programs, services, functions, and activities, or portions thereof,
that are eligible for inclusion in
[[Page 10513]]
agreements negotiated under the self-governance program and (2)
programmatic targets for non-BIA bureaus.
Two categories of non-BIA programs are eligible for self-governance
funding agreements:
(1) Under section 403(b)(2) of the Act, any non-BIA program,
service, function, or activity that is administered by the Department
that is ``otherwise available to Indian tribes or Indians,'' can be
administered by a Tribe through a self-governance funding agreement.
The Department interprets this provision to authorize the inclusion of
programs eligible for self-determination contracts under Title I of the
Act. 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 for 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 self-governance 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, the non-BIA
bureaus will determine whether a specific function is inherently
Federal on a case-by-case basis considering the totality of
circumstances. In those instances where the Tribe disagrees with the
bureau's determination, the Tribe may request reconsideration from the
Secretary.
Subpart G of the self-governance regulations found at 25 CFR part
1000 provides the process and timelines for negotiating self-governance
funding agreements with non-BIA bureaus.
Comments on a draft Federal Register Notice were requested in an
April 3, 2017, memorandum sent by the Director, Office of Self-
Governance to Tribal Self-Governance Coordinators and were discussed
during a Tribal consultation session held during the Self-Governance
Conference in Spokane, Washington, on April 25, 2017.
II. Funding Agreements Between Self-Governance Tribes and Non-BIA
Bureaus of the Department of the Interior for Fiscal Year 2018
A. Bureau of Land Management (2)
Council of Athabascan Tribal Governments
Duckwater Shoshone Tribe
B. Bureau of Reclamation (5)
Gila River Indian Community
Chippewa Cree Tribe of Rocky Boy's Reservation
Hoopa Valley Tribe
Karuk Tribe of California
Yurok Tribe
C. Office of Natural Resources Revenue (none)
D. National Park Service (2)
Grand Portage Band of Lake Superior Chippewa Indians
Yurok Tribe
E. Fish and Wildlife Service (1)
Council of Athabascan Tribal Governments
F. U.S. Geological Survey (none)
G. Office of the Special Trustee for American Indians (1)
Confederated Salish and Kootenai Tribes of the Flathead Reservation
III. Eligible Programs of the Department of the Interior Non-BIA
Bureaus
Below is a listing by bureau of the types of non-BIA programs, or
portions thereof, that may be eligible for self-governance funding
agreements because they are either ``otherwise available to Indians''
under Title I of the Act 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 self-governance
funding agreement.
The Department will also consider for inclusion in funding
agreements other programs or activities not listed below, but which,
upon request of a self-governance Tribe, the Department 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 discussions with the appropriate non-BIA bureau.
A. Eligible Bureau of Land Management (BLM) Programs
The BLM carries out some of its activities in the management of
public lands through contracts and cooperative agreements. These and
other activities, depending upon availability of funds, the need for
specific services, and the self-governance Tribe's demonstration of a
special geographic, cultural, or historical connection, may also be
available for inclusion in self-governance funding agreements. Once a
Tribe has made initial contact with the BLM, more specific information
will be provided by the respective BLM State office.
Some elements of the following programs may be eligible for
inclusion in a self-governance funding agreement. This listing is not
all-inclusive, but is representative of the types of programs that may
be eligible for Tribal participation through a funding agreement.
Tribal Services
1. Minerals Management. Inspection and enforcement of Indian oil
and gas operations: Inspection, enforcement and production verification
of Indian coal and sand and gravel operations are already available for
contracts under Title I of the Act and, therefore, may be available for
inclusion in a funding agreement.
2. Cadastral Survey. Tribal and allottee cadastral survey services
are already available for contracts under Title I of the Act and,
therefore, may be available for inclusion in a funding agreement.
Other Activities
1. Cultural Heritage. Cultural heritage activities, such as
research and inventory, may be available in specific States.
2. Natural Resources Management. Activities such as silvicultural
treatments, timber management, cultural resource management, watershed
restoration, environmental studies, tree planting, thinning, and
similar work, may be available in specific States.
3. Range Management. Activities, such as revegetation, noxious weed
control, fencing, construction and management of range improvements,
grazing management experiments, range monitoring, and similar
activities, may be available in specific States.
4. Riparian Management. Activities, such as facilities
construction, erosion control, rehabilitation, and other similar
activities, may be available in specific States.
5. Recreation Management. Activities, such as facilities
construction and maintenance, interpretive design and construction, and
similar activities may be available in specific States.
6. Wildlife and Fisheries Habitat Management. Activities, such as
construction and maintenance, implementation of statutory, regulatory
and policy or administrative plan-based species protection,
interpretive design
[[Page 10514]]
and construction, and similar activities may be available in specific
States.
7. Wild Horse Management. Activities, such as wild horse round-ups,
adoption and disposition, including operation and maintenance of wild
horse facilities, may be available in specific States.
For questions regarding self-governance, contact Bryon Loosle,
Bureau of Land Management (WO-240), Bureau of Land Management, 1849 C
Street NW, Washington, DC 20240, telephone (202) 912-7240, fax (202)
452-7701.
B. Eligible Bureau of Reclamation (Reclamation) Programs
The mission of Reclamation is to manage, develop, and protect water
and related resources in an environmentally and economically sound
manner in the interest of the American public. To this end, most of
Reclamation's activities involve the construction, operation and
maintenance, and management of water resources projects and associated
facilities, as well as research and development related to its
responsibilities. Reclamation water resources projects provide water
for agricultural, municipal and industrial water supplies;
hydroelectric power generation; flood control, enhancement of fish and
wildlife habitats; and outdoor recreation.
Components of the following water resource projects listed below
may be eligible for inclusion in a self-governance annual funding
agreement. This list was developed with consideration of the proximity
of identified self-governance Tribes to Reclamation projects.
1. Klamath Project, California and Oregon
2. Trinity River Fishery, California
3. Central Arizona Project, Arizona
4. Rocky Boy's/North Central Montana Regional Water System, Montana
5. Indian Water Rights Settlement Projects, as authorized by Congress
Upon the request of a self-governance Tribe, Reclamation will also
consider for inclusion in funding agreements other programs or
activities which Reclamation determines to be eligible under Section
403(b)(2) or 403(c) of the Act.
For questions regarding self-governance, contact Mr. Kelly
Titensor, Policy Analyst, Native American and International Affairs
Office, Bureau of Reclamation (96-43000) (MS 7069-MIB); 1849 C Street
NW, Washington, DC 20240, telephone: (202) 513-0558, fax: (202) 513-
0311.
C. Eligible Office of Natural Resources Revenue (ONRR) Programs
The Office of Natural Resources Revenue (ONNR) collects, accounts
for, and distributes mineral revenues from both Federal and Indian
mineral leases.
The ONRR also evaluates industry compliance with laws, regulations,
and lease terms, and offers mineral-owning Tribes opportunities to
become involved in its programs that address the intent of Tribal self-
governance. These programs are available to self-governance Tribes and
are a good preparation for assuming other technical functions.
Generally, ONRR program functions are available to Tribes because of
the Federal Oil and Gas Royalty Management Act of 1983 (FOGRMA) at 30
U.S.C. 1701. The ONRR promotes Tribal self-governance and self-
determination over trust lands and resources through the following
program functions that may be available to self-governance Tribes:
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
ONRR cooperative audits, this program is offered as an option.)
2. Verification of Tribal Royalty Payments. Financial compliance
verification, 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 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 term
is defined in FOGRMA and implementing regulations at 30 CFR 228.4.
For questions regarding self-governance, contact Paul Tyler,
Program Manager, Office of Natural Resources Revenue, Denver Federal
Center, 6th & Kipling, Building 67, Room 698, Denver, Colorado 80225-
0165, telephone: (303) 231-3413 or fax: (303) 231-3091.
D. Eligible National Park Service (NPS) Programs
NPS administers the National Park System, which is made up of
national parks, monuments, historic sites, battlefields, seashores,
lake shores and recreation areas. NPS maintains the park units,
protects the natural and cultural resources, and conducts a range of
visitor services such as law enforcement, park maintenance, and
interpretation of geology, history, and natural and cultural resources.
Some elements of the following programs may be eligible for
inclusion in a self-governance funding agreement. This list below was
developed considering the proximity of an identified self-governance
Tribe to a national park, monument, preserve, or recreation area and
the types of programs that have components that may be suitable for
administering through a self-governance funding agreement. This list is
not all-inclusive, but is representative of the types of programs which
may be eligible for Tribal participation through funding agreements.
Elements of Programs That May Be Eligible for Inclusion in a Self-
Governance Funding Agreement
1. Archaeological Surveys
2. Comprehensive Management Planning
3. Cultural Resource Management Projects
4. Ethnographic Studies
5. Erosion Control
6. Fire Protection
7. Gathering Baseline Subsistence Data--Alaska
8. Hazardous Fuel Reduction
9. Housing Construction and Rehabilitation
10. Interpretation
11. Janitorial Services
12. Maintenance
13. Natural Resource Management Projects
14. Operation of Campgrounds
15. Range Assessment--Alaska
16. Reindeer Grazing--Alaska
17. Road Repair
18. Solid Waste Collection and Disposal
19. Trail Rehabilitation
20. Watershed Restoration and Maintenance
21. Beringia Research
22. Elwha River Restoration
23. Recycling Programs
Locations of National Park Service Units With Close Proximity to Self-
Governance Tribes
1. Aniakchack National Monument & Preserve--Alaska
2. Bering Land Bridge National Preserve--Alaska
3. Cape Krusenstern National Monument--Alaska
4. Denali National Park & Preserve--Alaska
[[Page 10515]]
5. Gates of the Arctic National Park & Preserve--Alaska
6. Glacier Bay National Park and Preserve--Alaska
7. Katmai National Park and Preserve--Alaska
8. Kenai Fjords National Park--Alaska
9. Klondike Gold Rush National Historical Park--Alaska
10. Kobuk Valley National Park--Alaska
11. Lake Clark National Park and Preserve--Alaska
12. Noatak National Preserve--Alaska
13. Sitka National Historical Park--Alaska
14. Wrangell-St. Elias National Park and Preserve--Alaska
15. Yukon-Charley Rivers National Preserve--Alaska
16. Casa Grande Ruins National Monument--Arizona
17. Hohokam Pima National Monument--Arizona
18. Montezuma Castle National Monument--Arizona
19. Organ Pipe Cactus National Monument--Arizona
20. Saguaro National Park--Arizona
21. Tonto National Monument--Arizona
22. Tumacacori National Historical Park--Arizona
23. Tuzigoot National Monument--Arizona
24. Arkansas Post National Memorial--Arkansas
25. Death Valley National Park--California
26. Devils Postpile National Monument--California
27. Joshua Tree National Park--California
28. Lassen Volcanic National Park--California
29. Point Reyes National Seashore--California
30. Redwood National Park--California
31. Whiskeytown National Recreation Area--California
32. Yosemite National Park--California
33. Hagerman Fossil Beds National Monument--Idaho
34. Effigy Mounds National Monument--Iowa
35. Fort Scott National Historic Site--Kansas
36. Tallgrass Prairie National Preserve--Kansas
37. Boston Harbor Islands National Recreation Area--Massachusetts
38. Cape Cod National Seashore--Massachusetts
39. New Bedford Whaling National Historical Park--Massachusetts
40. Isle Royale National Park--Michigan
41. Sleeping Bear Dunes National Lakeshore--Michigan
42. Grand Portage National Monument--Minnesota
43. Voyageurs National Park--Minnesota
44. Bear Paw Battlefield, Nez Perce National Historical Park--
Montana
45. Glacier National Park--Montana
46. Great Basin National Park--Nevada
47. Aztec Ruins National Monument--New Mexico
48. Bandelier National Monument--New Mexico
49. Carlsbad Caverns National Park--New Mexico
50. Chaco Culture National Historic Park--New Mexico
51. Pecos National Historic Park--New Mexico
52. White Sands National Monument--New Mexico
53. Fort Stanwix National Monument--New York
54. Great Smoky Mountains National Park--North Carolina/Tennessee
55. Cuyahoga Valley National Park--Ohio
56. Hopewell Culture National Historical Park--Ohio
57. Chickasaw National Recreation Area--Oklahoma
58. Crater Lake National Park--Oregon
59. John Day Fossil Beds National Monument--Oregon
60. Alibates Flint Quarries National Monument--Texas
61. Guadalupe Mountains National Park--Texas
62. Lake Meredith National Recreation Area--Texas
63. Ebey's Landing National Recreation Area--Washington
64. Fort Vancouver National Historic Site--Washington
65. Mount Rainier National Park--Washington
66. Olympic National Park--Washington
67. San Juan Islands National Historic Park--Washington
68. Whitman Mission National Historic Site--Washington
For questions regarding self-governance, contact Joe Watkins,
Chief, American Indian Liaison Office, National Park Service (Org.
2560, 9th Floor), 1201 Eye Street NW, Washington, DC 20005-5905,
telephone: (202) 354-6962, fax: (202) 371-6609, or email:
[email protected].
E. Eligible Fish and Wildlife Service (Service) Programs
The mission of the Service is to conserve, protect, and enhance
fish, wildlife, and their habitats for the continuing benefit of the
American people. Primary responsibilities are for migratory birds,
endangered species, freshwater and anadromous fisheries, and certain
marine mammals. The Service also has a continuing cooperative
relationship with a number of Indian Tribes throughout the National
Wildlife Refuge System and the Service's fish hatcheries. Any self-
governance Tribe may contact a National Wildlife Refuge or National
Fish Hatchery directly concerning participation in Service programs
under the Tribal Self-Governance Act. This list is not all-inclusive,
but is representative of the types of Service programs that may be
eligible for Tribal participation through an annual funding agreement.
1. Subsistence Programs within the State of Alaska. Evaluate and
analyze data for annual subsistence regulatory cycles and other data
trends related to subsistence harvest needs and facilitate Tribal
Consultation to ensure ANILCA Title VII terms are being met, as well as
activities fulfilling the terms of Title VIII of ANILCA.
2. Technical Assistance, Restoration and Conservation. Conduct
planning and implementation of population surveys, habitat surveys,
restoration of sport fish, capture of depredating migratory birds, and
habitat restoration activities.
3. Endangered Species Programs. Conduct activities associated with
the conservation and recovery of threatened or endangered species
protected under the Endangered Species Act (ESA) or candidate species
under the ESA. These activities may include, but are not limited to,
cooperative conservation programs, development of recovery plans and
implementation of recovery actions for threatened and endangered
species, and implementation of status surveys for high priority
candidate species.
4. Education Programs. Provide services in interpretation, outdoor
classroom instruction, visitor center operations, and volunteer
coordination both on and off national Wildlife Refuge lands in a
variety of communities, and assist with environmental education and
outreach efforts in local villages.
5. Environmental Contaminants Program. Conduct activities
associated with identifying and removing toxic chemicals, to help
prevent harm to fish, wildlife and their habitats. The activities
required for environmental contaminant management may include, but are
not limited to, analysis of pollution data, removal of underground
storage tanks, specific cleanup activities, and field data gathering
efforts.
6. Wetland and Habitat Conservation Restoration. Provide services
for construction, planning, and habitat monitoring and activities
associated with conservation and restoration of wetland habitat.
7. Fish Hatchery Operations. Conduct activities to recover aquatic
species listed under the Endangered Species Act, restore native aquatic
populations, and provide fish to benefit National Wildlife Refuges and
Tribes. Such activities may include, but are not limited to: Tagging,
rearing and feeding of fish, disease treatment, and clerical or
facility maintenance at a fish hatchery.
8. National Wildlife Refuge Operations and Maintenance. Conduct
activities to assist the National Wildlife Refuge System, a national
network of lands and waters for conservation, management and
restoration of fish, wildlife and plant resources and their habitats
within the United States. Activities that may be eligible for a self-
[[Page 10516]]
governance funding agreement may include, but are not limited to:
Construction, farming, concessions, maintenance, biological program
efforts, habitat management, fire management, and implementation of
comprehensive conservation planning.
Locations of Refuges and Hatcheries With Close Proximity to Self-
Governance Tribes
The Service developed the list below based on the proximity of
identified self-governance Tribes to Service facilities that have
components that may be suitable for administering through a self-
governance funding agreement.
1. Alaska National Wildlife Refuges--Alaska
2. Alchesay National Fish Hatchery--Arizona
3. Humboldt Bay National Wildlife Refuge--California
4. Kootenai National Wildlife Refuge--Idaho
5. Agassiz National Wildlife Refuge--Minnesota
6. Mille Lacs National Wildlife Refuge--Minnesota
7. Rice Lake National Wildlife Refuge--Minnesota
8. National Bison Range--Montana
9. Ninepipe National Wildlife Refuge--Montana
10. Pablo National Wildlife Refuge--Montana
11. Sequoyah National Wildlife Refuge--Oklahoma
12. Tishomingo National Wildlife Refute--Oklahoma
13. Bandon Marsh National Wildlife Refuge--Washington
14. Dungeness National Wildlife Refuge--Washington
15. Makah National Fish Hatchery--Washington
16. Nisqually National Wildlife Refuge--Washington
17. Quinault National Fish Hatchery--Washington
18. San Juan Islands National Wildlife Refuge--Washington
19. Tamarac National Wildlife Refuge--Wisconsin
For questions regarding self-governance, contact Scott Aikin, Fish
and Wildlife Service, National Native American Programs Coordinator,
1211 SE Cardinal Court, Suite 100, Vancouver, Washington 98683,
telephone (360) 604-2531 or fax (360) 604-2505.
F. Eligible U.S. Geological Survey (USGS) Programs
The mission of the USGS is to collect, analyze, and provide
information on biology, geology, hydrology, and geography that
contributes to the wise management of the Nation's natural resources
and to the health, safety, and well-being of the American people. This
information is usually publicly available and includes maps, data
bases, and descriptions and analyses of the water, plants, animals,
energy, and mineral resources, land surface, underlying geologic
structure, and dynamic processes of the earth. The USGS does not manage
lands or resources. Self-governance Tribes may potentially assist the
USGS in the data acquisition and analysis components of its activities.
For questions regarding self-governance, contact Monique Fordham,
Esq., National Tribal Liaison, U.S. Geological Survey, 12201 Sunrise
Valley Drive, Reston, Virginia 20192, telephone (703) 648-4437 or fax
(703) 648-6683.
G. Eligible Office of the Special Trustee for American Indians (OST)
Programs
The Department has responsibility for what may be the largest land
trust in the world, approximately 56 million acres. OST oversees the
management of Indian trust assets, including income generated from
leasing and other commercial activities on Indian trust lands, by
maintaining, investing and disbursing Indian trust financial assets,
and reporting on these transactions. The mission of the OST is to serve
Indian communities by fulfilling Indian fiduciary trust
responsibilities. This is to be accomplished through the implementation
of a Comprehensive Trust Management Plan (CTM) that is designed to
improve trust beneficiary services, ownership information, management
of trust fund assets, and self-governance activities.
A Tribe operating under self-governance may include the following
programs, services, functions, and activities or portions thereof in a
funding agreement:
1. Beneficiary Processes Program (Individual Indian Money
Accounting Technical Functions).
2. Appraisal Services Program. Tribes/consortia that currently
perform these programs under a self-governance funding agreement with
the Office of Self-Governance (OSG) may negotiate a separate memorandum
of understanding (MOU) with OST that outlines the roles and
responsibilities for management of these programs.
The MOU between the Tribe/consortium and OST outlines the roles and
responsibilities for the performance of the OST program by the Tribe/
consortium. If those roles and responsibilities are already fully
articulated in the existing funding agreement with the OSG, an MOU is
not necessary. To the extent that the parties desire specific program
standards, an MOU will be negotiated between the Tribe/consortium and
OST, which will be binding on both parties and attached and
incorporated into the OSG funding agreement.
If a Tribe/consortium decides to assume the operation of an OST
program, the new funding for performing that program will come from OST
program dollars. A Tribe's newly-assumed operation of the OST
program(s) will be reflected in the Tribe's OSG funding agreement.
For questions regarding self-governance, contact Lee Frazier,
Program Analyst, Office of External Affairs, Office of the Special
Trustee for American Indians (MS 5140--MIB), 1849 C Street NW,
Washington, DC 20240-0001, phone: (202) 208-7587, fax: (202) 208-7545.
IV. Programmatic Targets
The programmatic target for Fiscal Year 2018 provides that, upon
request of a self-governance Tribe, each non-BIA bureau will negotiate
funding agreements for its eligible programs beyond those already
negotiated.
V. Public Disclosure
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Dated: February 15, 2018.
Ryan K. Zinke,
Secretary.
[FR Doc. 2018-04743 Filed 3-8-18; 8:45 am]
BILLING CODE 4337-15-P