Re-designation of the Service Delivery Area for the Cowlitz Indian Tribe

Federal Register: December 21, 2009 (Volume 74, Number 243)

Notices

Page 67884-67890

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr21de09-56

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

Notice of Re-Designation of the Service Delivery Area for the

Cowlitz Indian Tribe

AGENCY: Indian Health Service.

ACTION: Notice.

SUMMARY: This Notice advises the public that the Indian Health Service

(IHS) proposes to expand the geographic boundaries of the Service

Delivery Area (SDA) for the Cowlitz Indian Tribe. The Cowlitz SDA currently is comprised of Clark, Cowlitz, King, Lewis, Pierce,

Skamania, and Thurston in the State of Washington. These counties were designated as the Tribe's SDA in 67 FR 46329. It is proposed that

Columbia County, Oregon, and Wahkiakum and Kittitas Counties,

Washington be added to the existing SDA.

DATES: This notice is effective 30 days after date of publication in the Federal Register.

ADDRESSES: Comments may be mailed to Betty Gould, Regulations Officer,

Indian Health Service, Suite 450, 12300 Twinbrook Parkway, Rockville,

Maryland 20852. Comments will be made available for public inspection at this address from 8:30 a.m. to 5:00 p.m. Monday-Friday beginning approximately 2 weeks after publication of this notice.

FOR FURTHER INFORMATION CONTACT: Carl Harper, Director, Office of

Resource Access and Partnerships, Indian Health Service, Suite 360, 12300 Twinbrook Parkway, Rockville, Maryland 20852. Telephone 301/443- 2694 (This is not a toll free number).

SUPPLEMENTARY INFORMATION: The IHS currently provides services under regulations in effect on September 15, 1987 and IHS republished at 42

CFR part 136, subparts A-C. Subpart C defines a Contract Health Service

Delivery Area (CHSDA) as the geographic area within which CHS will be made available by the IHS to members of an identified Indian community who reside in the area. Residence with a CHSDA or SDA by a person who is within the scope of the Indian health program, as set forth in 42

CFR 136.12, creates no legal entitlement to contract health services but only potential eligibility for services. Services needed but not available at a IHS/Tribal facility are provided under the CHS program depending on the availability of funds, the person's relative medical priority, and the actual availability and accessibility of alternate resources in accordance with the regulations.

As applicable to the Tribes, these regulations provide that, unless otherwise designated, a CHSDA shall consist of a county which includes all or part of a reservation and any county or counties which have a common boundary with the reservation (42 CFR 136.22(a)(6) (2007). The regulations also provide that after consultation with the Tribal governing body or bodies of those reservations included in the CHSDA, the Secretary may, from time to time, re-designate areas within the

United States for inclusion in or exclusion from a CHDSA. The regulations require that certain criteria must be considered before any re-designation is made. The criteria are as follows:

(1) The number of Indians residing in the area proposed to be so included or excluded;

(2) Whether the Tribal governing body has determined that Indians residing in the area near the reservation are socially and economically affiliated with the Tribes;

(3) The geographic proximity to the reservation of the area whose inclusion or exclusion is being considered; and

(4) The level of funding which would be available for the provision of contract health services.

Additionally, the regulations require that any re-designation of a

CHSDA must be made in accordance with the Administrative Procedures Act

(5 U.S.C. 553). In compliance with this requirement, we are publishing this proposal and requesting public comment.

The purpose of this FR notice is to notify the public of the request of the Cowlitz Indian Tribe to expand their SDA as presented in their 08-3 Tribal resolution dated January 5, 2008, and 08-56 Tribal resolution, dated December 06, 2008. The Tribe's request will expand their current SDA which incorporates Cowlitz, Clark, Skamania, King,

Pierce, Thurston and Lewis Counties in the State of Washington, to include Columbia County in the State of Oregon, and Kittitas and

Wahkiakum Counties in the State of Washington.

Under 42 CFR 136.23 those otherwise eligible Indians who do not reside on a reservation but reside within a CHSDA must be either members of the Tribe or maintain close economic and social ties with the Tribe. In this case, the Tribe estimates the current eligible population will be increased by 35 individuals' enrolled Cowlitz members who are actively involved with the Tribe, but not eligible for health services.

In applying the aforementioned CHSDA re-designation criteria required by operative regulations (43 FR 35654), the following findings are made: 1. Columbia County, Oregon is contiguous with Clark County in the state of Washington. Kittitas County is contiguous to King County and

Wahkiakum County is contiguous to Lewis in the State of Washington. 2. These three counties are not part of any other Tribes CHSDA. 3. It is important for the Cowlitz Indian Tribe to be able to deliver health care services to enrolled members residing in these three counties. The Tribe believes eligible Tribal members living in the counties proposed for expansion should also be eligible for CHS. 4. Most of the 35 Tribal members use the Cowlitz Clinic in

Longview, Washington for their health care needs. It is estimated that members have a 40 minute drive to receive their health care. These

Tribal members do not currently receive care under the CHS program. 5. The financial resources required to meet the immediate needs of the Tribal members residing in the three counties will not be substantial as the Tribe will use existing Federal allocations for contract health funds.

Since CHS is a critical component of the Tribes' overall health care system for its members, the Tribe feels that the members residing in the three counties should be included within the SDA for the Tribe.

Accordingly, after considering the Tribes' request in light of the criteria specified in the regulations, the IHS is proposing to re- designate the SDA for the Tribe to consist of Columbia County in the

State of Oregon and Kittitas and Wahkiakum Counties in the State of

Washington.

This notice does not contain reporting or recordkeeping requirements subject to prior approval by the Office of Management and

Budget under the Paperwork Reduction Act of 1980.

Page 67885

Contract Health Service Delivery Areas and Service Delivery Areas

Tribe/reservation

County/State

Ak Chin Indian Community of the

Pinal, AZ.

Maricopa (Ak Chin) Indian Reservation,

Arizona.

Alabama-Coushatta Tribes of Texas...... Polk, TX.\1\

Alaska................................. Entire State.\2\

Arapaho Tribe of the Wind River

Hot Springs, WY, Fremont, WY,

Reservation, Wyoming.

Sublette, WY.

Aroostook Band of Micmac Indians of

Aroostook, ME.\3\

Maine.

Assiniboine and Sioux Tribes of the

Daniels, MT, McCone, MT,

Fort Peck Indian Reservation, Montana. Richland, MT,

Roosevelt, MT, Sheridan, MT,

Valley, MT.

Bad River Band of the Lake Superior

Ashland, WI, Iron, WI.

Tribe of Chippewa Indians of the Bad

River Reservation, Wisconsin.

Bay Mills Indian Community, Michigan... Chippewa, MI.

Blackfeet Tribe of the Blackfeet Indian Glacier, MT, Pondera, MT.

Reservation of Montana.

Minnesota Chippewa Tribe, Minnesota

Itasca, MN, Koochiching, MN,

Bois Forte Band (Nett Lake).

St. Louis, MN.

Brigham City Intermountain School

\4\

Health Center, Utah.

Burns Paiute Tribe of the Burns Paiute Harney, OR.

Indian Colony of Oregon.

California............................. Entire State, except for the counties listed in the footnote.\5\

Catawba Indian Nation of South Carolina All Counties in SC,\6\

Cabarrus, NC, Cleveland, NC,

Gaston, NC, Mecklenburg, NC,

Rutherford, NC, Union, NC.

Cayuga Nation of New York.............. Allegany, NY.\7\,Cattaraugus,

NY, Chautaugua, NY, Erie, NY,

Warren, PA.

Cheyenne River Sioux Tribe of the

Corson, SD, Dewey, SD, Haakon,

Cheyenne River Reservation, South

SD, Meade, SD, Perkins, SD,

Dakota.

Potter, SD, Stanley, SD,

Sully, SD, Walworth, SD,

Ziebach, SD.

Chippewa-Cree Indians of the Rocky

Chouteau, MT, Hill, MT,

Boy's Reservation, Montana.

Liberty, MT.

Chitimacha Tribe of Louisiana.......... St. Mary Parish, LA.

Cocopah Tribe of Arizona............... Yuma, AZ, Imperial, CA.

Coeur D'Alene Tribe of the Coeur

Benewah, ID, Kootenai, ID,

D'Alene Reservation, Idaho.

Latah, ID, Spokane, WA,

Whitman, WA.

Colorado River Indian Tribes of the

La Paz, AZ, Riverside, CA, San

Colorado River Indian Reservation,

Bernardino, CA, Yuma, AZ.

Arizona and California.

Confederated Salish & Kootenai Tribes

Flathead, MT, Lake, MT, of the Flathead Reservation, Montana.

Missoula, MT, Sanders, MT.

Confederated Tribes of the Chehalis

Grays Harbor, WA, Lewis, WA,

Reservation, Washington.

Thurston, WA.

Confederated Tribes of the Colville

Chelan, WA,\8\ Douglas, WA,

Reservation, Washington.

Ferry, WA, Grant, WA, Lincoln,

WA, Okanogan, WA, Stevens, WA.

Confederated Tribes of Coos, Lower

Coos, OR,\9\ Curry, OR,

Umpqua & Siuslaw Indians of Oregon.

Douglas, OR, Lane, OR,

Lincoln, OR.

Confederated Tribes of the Goshute

Nevada, Juab, UT, Toole, UT.

Reservation, Nevada and Utah.

Confederated Tribes of Grand Ronde

Polk, OR \10\, Washington, OR,

Community of Oregon.

Marion, OR, Yamhill, OR,

Tillamook, OR, Multnomah, OR.

Confederated Tribes of the Siletz

Benton, OR,\11\ Clackamas, OR,

Reservation, Oregon.

Lane, OR, Lincoln, OR, Linn,

OR, Marion, OR, Multnomah, OR,

Polk, OR, Tillamook, OR,

Washington, OR, Yam Hill, OR.

Confederated Tribes of the Umatilla

Umatilla, OR, Union, OR.

Reservation, Oregon.

Confederated Tribes of the Warm Springs Clackamas, OR, Jefferson, OR,

Reservation of Oregon.

Linn, OR, Marion, OR, Wasco,

OR.

Confederated Tribes & Bands of the

Klickitat, WA, Lewis, WA,

Yakama Nation, Washington.

Skamania, WA,\12\ Yakima, WA.

Coquille Tribe of Oregon............... Coos, OR, Curry, OR, Douglas,

OR, Jackson, OR, Lane, OR.

Coushatta Tribe of Louisiana........... Allen Parish, LA, Elton,

LA.\13\

Cow Creek Band of Umpqua Indians of

Coos, OR,\14\ Deshutes, OR,

Oregon.

Douglas, OR, Jackson, OR,

Josephine, OR, Klamath, OR,

Lane, OR.

Cowlitz Indian Tribe, Washington....... Clark, WA, Cowlitz, WA, King,

WA, Lewis, WA, Pierce, WA,

Skamania, WA, Thurston, WA,

Columbia, OR, Kitititas, WA,

Wahkiakum, WA.\15\

Crow Tribe of Montana.................. Big Horn, MT, Carbon, MT,

Treasure, MT,\16\ Yellowstone,

MT, Big Horn, WY, Sheridan,

WY.

Crow Creek Sioux Tribe of the Crow

Brule, SD, Buffalo, SD, Hand,

Creek Reservation, South Dakota.

SD, Hughes, SD, Hyde, SD,

Lyman, SD, Stanley, SD.

Eastern Band of Cherokee Indians of

Cherokee, NC, Graham, NC,

North Carolina.

Haywood, NC,

Jackson, NC, Swain, NC.

Flandreau Santee Sioux Tribe of South

Moody, SD.

Dakota.

Fond du Lac Band of Chippewa Indians of Carlton, MN, St. Louis, MN.

Minnesota.

Forest County Potawatomi Community,

Forest, WI, Marinette, WI,

Wisconsin.

Oconto, WI.

Fort Belknap Indian Community of the

Blaine, MT, Phillips, MT.

Fort Belknap Reservation of Montana.

Fort McDermitt Paiute and Shoshone

Nevada, Malheur, OR.

Tribes of the Fort McDermitt Indian

Reservation, Nevada and Oregon.

Fort McDowell Yavapai Nation, Arizona.. Maricopa, AZ.

Fort Mojave Indian Tribe of Arizona,

Nevada, Mohave, AZ, San

California and Nevada.

Bernardino, CA.

Gila River Indian Community of the Gila Maricopa, AZ, Pinal, AZ.

River Indian Reservation, Arizona.

Grand Portage Band of Chippewa Indians Cook, MN. of Minnesota.

Grand Traverse Band of Ottawa &

Antrim, MI,\17\ Benzie, MI,

Chippewa Indians of Michigan.

Charlevoix, MI,

Grand Traverse, MI, Leelanau,

MI, Manistee, MI.

Hannahville Indian Community, Michigan. Delta, MI, Menominee, MI.

Haskell Indian Health Center........... Douglas, KS.\18\

Page 67886

Havasupai Tribe of the Havasupai

Coconino, AZ.

Reservation, Arizona.

Ho-Chunk Nation of Wisconsin........... Adams, WI,\19\ Clark, WI,

Columbia, WI, Crawford, WI,

Dane, WI, Eau Claire, WI,

Houston, MN, Jackson, WI,

Juneau, WI, La Crosse, WI,

Marathon, WI, Monroe, WI,

Sauk, WI, Shawano, WI, Vernon,

WI, Wood, WI.

Hoh Indian Tribe of the Hoh Indian

Jefferson, WA.

Reservation, Washington.

Hopi Tribe of Arizona.................. Apache, AZ, Coconino, AZ,

Navajo, AZ.

Houlton Band of Maliseet Indians of

Aroostook, ME.\20\

Maine.

Hualapai Indian Tribe of the Hualapai

Coconino, AZ, Mohave, AZ,

Indian Reservation, Arizona.

Yavapai, AZ.

Huron Potawatomi, Inc., Michigan....... Allegan, MI,\21\ Barry, MI,

Branch, MI, Calhoun, MI,

Kalamazoo, MI, Kent, MI,

Ottawa, MI.

Iowa Tribe of Kansas and Nebraska...... Brown, KS, Doniphan, KS,

Richardson, NE.

Jamestown S'Klallam Tribe of Washington Clallam, WA, Jefferson, WA.

Jena Band of Choctaw Indians, Louisiana Grand Parish, LA,\22\ LaSalle

Parish, LA,

Rapides Parish, LA.

Jicarilla Apache Nation, New Mexico.... Archuleta, CO, Rio Arriba, NM,

Sandoval, NM.

Kaibab Band of Paiute Indians of the

Coconino, AZ, Mohave, AZ, Kane,

Kaibab Indian Reservation, Arizona.

UT.

Kalispel Indian Community of the

Pend Oreille, WA, Spokane, WA.

Kalispel Indian Reservation,

Washington.

Keweenaw Bay Indian Community, Michigan Baraga, MI, Houghton, MI,

Ontonagon, MI.

Kickapoo Tribe of Indians of the

Brown, KS, Jackson, KS.

Kickapoo Reservation of Kansas.

Kickapoo Traditional Tribe of Texas.... Maverick, TX.\23\

Klamath Tribes of Oregon............... Klamath, OR.\24\

Kootenai Tribe of Idaho................ Boundary, ID.

Lac Courte Oreilles Band of Lake

Sawyer, WI.

Superior Chippewa Indians of Wisconsin.

Lac du Flambeau Band of Lake Superior

Iron, WI, Oneida, WI, Vilas,

Chippewa Indians of the Lac du

WI.

Flambeau Reservation of Wisconsin.

Lac Vieux Desert Band of Lake Superior Gogebic, MI.

Chippewa Indians, Michigan.

Leech Lake Band of Chippewa Indians of Beltrami, MN, Cass, MN,

Minnesota.

Hubbard, MN, Itasca, MN.

Little River Band of Ottawa Indians,

Kent, MI,\25\ Muskegon, MI,

Michigan.

Newaygo, MI,

Oceana, MI, Ottawa, MI,

Manistee, MI, Mason, MI,

Wexford, MI, Lake, MI.

Little Traverse Bay Bands of Odawa

Alcona, MI,\26\ Alger, MI,

Indians, Michigan.

Alpena, MI, Antrim, MI,

Benzie, MI, Charlevoix, MI,

Cheboygan, MI, Chippewa, MI,

Crawford, MI, Delta, MI,

Emmet, MI, Grand Traverse, MI,

Iosco, MI, Kalkaska, MI,

Leelanau, MI, Luce, MI,

Mackinac, MI, Manistee, MI,

Missaukee, MI, Montmorency,

MI, Ogemaw, MI, Oscoda, MI,

Otsego, MI, Presque Isle, MI,

Schoolcraft, MI, Roscommon,

MI, Wexford, MI.

Lower Brule Sioux Tribe of the Lower

Brule, SD, Buffalo, SD, Hughes,

Brule Reservation, South Dakota.

SD, Lyman, SD, Stanley, SD.

Lower Elwha Tribal Community of the

Clallam, WA.

Lower Elwha Reservation, Washington.

Lower Sioux Indian Community in the

Redwood, MN, Renville, MN.

State of Minnesota.

Lummi Tribe of the Lummi Reservation,

Whatcom, WA.

Washington.

Makah Indian Tribe of the Makah

Clallam, WA.

Reservation, Washington.

Mashantucket Pequot Tribe of

New London, CT.\27\

Connecticut.

Match-e-be-nash-she-wish Band of

Allegan, MI,\28\ Barry, MI,

Pottawatomi Indians of Michigan.

Kalamazoo, MI, Kent, MI,

Ottawa, MI.

Menominee Indian Tribe of Wisconsin.... Langlade, WI, Menominee, WI,

Oconto, WI, Shawano, WI.

Mescalero Apache Tribe of the Mescalero Chaves, NM, Lincoln, NM, Otero,

Reservation, New Mexico.

NM.

Miccosukee Tribe of Indians of Florida. Broward, FL, Collier, FL, Miami-

Dade, FL, Hendry, FL.

Mille Lacs Band of Chippewa Indians of Aitkin, MN, Kanebec, MN, Mille

Minnesota.

Lacs, MN, Pine, MN.

Mississippi Band of Choctaw Indians,

Attala, MS, Jasper, MS,\29\

Mississippi.

Jones, MS,

Kemper, MS, Leake, MS, Neshoba,

MS, Newton, MS, Noxubee,

MS,\30\ Scott, MS.\31\,

Winston, MS.

Mohegan Indian Tribe of Connecticut.... Fairfield, CT, Hartford, CT,

Litchfield, CT, Middlesex, CT,

New Haven, CT, New London, CT,

Tolland, CT, Windham, CT.

Muckleshoot Indian Tribe of the

King, WA, Pierce, WA.

Muckleshoot Reservation, Washington.

Narragansett Indian Tribe of Rhode

Washington, RI.\32\

Island.

Navajo Nation, Arizona, New Mexico and Apache, AZ, Bernalillo, NM,

Utah.

Cibola, NM, Coconino, AZ,

Kane, UT, McKinley, NM,

Montezuma, CO, Navajo, AZ, Rio

Arriba, NM, Sandoval, NM, San

Juan, NM, San Juan, UT,

Socorro, NM, Valencia, NM.

Nevada................................. Entire State.\33\

Nez Perce Tribe of Idaho............... Clearwater, ID, Idaho, ID,

Latah, ID, Lewis, ID,

Nez Perce, ID.

Nisqually Indian Tribe of the Nisqually Pierce, WA, Thurston, WA.

Reservation, Washington.

Nooksack Indian Tribe of Washington.... Whatcom, WA.

Northern Cheyenne Tribe Northern

Big Horn, MT, Carter, MT,\34\

Cheyenne Indian Reservation, Montana. Rosebud, MT.

Northwestern Band of Shoshoni Nation of Box Elder, UT.\35\

Utah (Washakie).

Page 67887

Oglala Sioux Tribe of the Pine Ridge

Bennett, SD, Cherry, NE,

Reservation, South Dakota.

Custer, SD, Dawes, NE, Fall

River, SD, Jackson, SD,\36\

Mellete, SD, Pennington, SD,

Shannon, SD, Sheridan, NE,

Todd, SD.

Oklahoma............................... Entire State.\37\

Omaha Tribe of Nebraska................ Burt, NE, Cuming, NE, Monona,

IA, Thurston, NE, Wayne, NE.

Oneida Nation of New York.............. Chenango, NY, Cortland, NY,

Herkimer, NY, Madison, NY,

Oneida, NY, Onondaga, NY.

Oneida Tribe of Indians of Wisconsin... Brown, WI, Outagamie, WI.

Onondaga Nation of New York............ Onondaga, NY.

Paiute Indian Tribe of Utah............ Iron, UT,\38\ Millard, UT,

Sevier, UT,

Washington, UT.

Pascua Yaqui Tribe of Arizona.......... Pima, AZ.\39\

Passamaquoddy Tribe of Maine........... Aroostook, ME,\40\ Washington,

ME.

Passamaquoddy Tribe of Pleasant Point, Washington, ME, south of State

Maine.

Route 9.\41\

Penobscot Tribe of Maine............... Aroostook, ME,\42\ Penobscot,

ME.

Poarch Band of Creek Indians of Alabama Baldwin, AL,\43\ Escambia, AL,

Mobile, AL, Monroe, AL,

Escambia, FL.

Pokagon Band of Potawatomi Indians,

Allegan, MI, Berrien, MI, Cass,

Michigan and Indiana.

MI, Elkhart, IN,\44\

Kosciusko, IN, La Porte, IN,

Marshall, IN, St. Joseph, IN,

Starke, IN, Van Buren, MI.

Ponca Tribe of Nebraska................ Boyd, NE.\45\, Burt, NE,

Charles Mix, SD, Douglas, NE,

Hall, NE, Holt, NE, Knox, NE,

Lancaster, NE, Madison, NE,

Platte, NE, Pottawattomie, IA,

Sarpy, NE, Stanton, NE, Wayne,

NE, Woodbury, IA.

Port Gamble Indian Community of the

Kitsap, WA.

Port Gamble Reservation, Washington.

Prairie Band of Potawatomi Nation,

Jackson, KS.

Kansas.

Prairie Island Indian Community in the Goodhue, MN.

State of Minnesota.

Pueblo of Acoma, New Mexico............ Cibola, NM.

Pueblo of Cochiti, New Mexico.......... Sandoval, NM, Sante Fe, NM.

Pueblo of Jemez, New Mexico............ Sandoval, NM.

Pueblo of Isleta, New Mexico........... Bernalillo, NM, Torrance, NM,

Valencia, NM.

Pueblo of Laguna, New Mexico........... Bernalillo, NM, Cibola, NM,

Sandoval, NM, Valencia, NM.

Pueblo of Nambe, New Mexico............ Santa Fe, NM.

Pueblo of Picuris, New Mexico.......... Taos, NM.

Pueblo of Pojoaque, New Mexico......... Rio Arriba, NM, Santa Fe, NM.

Pueblo of San Felipe, New Mexico....... Sandoval, NM.

Pueblo of San Ildefonso, New Mexico.... Los Alamos, NM, Rio Arriba, NM,

Sandoval, NM, Santa Fe, NM.

Pueblo of San Juan, New Mexico......... Rio Arriba, NM.

Pueblo of Sandia, New Mexico........... Bernalillo, NM, Sandoval, NM.

Pueblo of Santa Ana, New Mexico........ Sandoval, NM.

Pueblo of Santa Clara, New Mexico...... Los Alamos, NM, Sandoval, NM,

Santa Fe, NM.

Pueblo of Santo Domingo, New Mexico.... Sandoval, NM, Santa Fe, NM.

Pueblo of Taos, New Mexico............. Colfax, NM, Taos, NM.

Pueblo of Tesuque, New Mexico.......... Santa Fe, NM.

Pueblo of Zia, New Mexico.............. Sandoval, NM.

Puyallup Tribe of the Puyallup

King, WA, Pierce, WA, Thurston,

Reservation, Washington.

WA.

Quechan Tribe of the Fort Yuma Indian

Yuma, AZ, Imperial, CA.

Reservation, California and Arizona.

Quileute Tribe of the Quileute

Clallam, WA, Jefferson, WA.

Reservation, Washington.

Quinault Tribe of the Quinault

Grays Harbor, WA, Jefferson,

Reservation, Washington.

WA.

Rapid City, South Dakota............... Pennington, SD.\46\

Red Cliff Band of Lake Superior

Bayfield, WI.

Chippewa Indians of Wisconsin.

Red Lake Band of Chippewa Indians,

Beltrami, MN, Clearwater, MN,

Minnesota.

Koochiching, MN, Lake of the

Woods, MN, Marshall, MN,

Pennington, MN, Polk, MN,

Roseau, MN.

Rosebud Sioux Tribe of the Rosebud

Bennett, SD, Cherry, NE,

Indian Reservation. South Dakota.

Gregory, SD, Lyman, SD,

Mellette, SD, Todd, SD, Tripp,

SD.

Sac & Fox Tribe of the Mississippi in

Tama, IA.

Iowa.

Sac & Fox Nation of Missouri in Kansas Brown, KS, Richardson, NE.

& Nebraska.

Saginaw Chippewa Indian Tribe of

Arenac, MI,\47\ Clare, MI,

Michigan.

Isabella, MI, Midland, MI,

Missaukee, MI.

St. Croix Chippewa Indians of Wisconsin Barron, WI, Burnett, WI, Pine,

MN, Polk, WI,

Washburn, WI.

Saint Regis Mohawk Tribe, New York..... Franklin, NY, St. Lawrence, NY.

Salt River Pima-Maricopa Indian

Maricopa, AZ.

Community of Salt River Reservation,

Arizona.

Samish Indian Tribe, Washington........ Clallam, WA,\48\ Island, WA,

Jefferson, WA,

King, WA, Kitsap, WA, Pierce,

WA, San Juan, WA, Skagit, WA,

Snohomish, WA, Whatcom, WA.

San Carlos Apache Tribe of the San

Apache, AZ, Cochise, AZ, Gila,

Carlos Reservation, Arizona.

AZ, Graham, AZ, Greenlee, AZ,

Pinal, AZ.

San Juan Southern Paiute Tribe of

Coconino, AZ, San Juan, UT.

Arizona.

Santee Sioux Nation, Nebraska.......... Bon Homme, SD, Knox, NE.

Sauk-Suiattle Indian Tribe of

Snohomish, WA, Skagit, WA.

Washington.

Page 67888

Sault Ste. Marie Tribe of Chippewa

Alger, MI,\49\ Chippewa, MI,

Indians of Michigan.

Delta, MI, Luce, MI, Mackinac,

MI, Marquette, MI,

Schoolcraft, MI.

Seminole Tribe of Florida.............. Broward, FL, Collier, FL, Miami-

Dade, FL, Glades, FL, Hendry,

FL.

Seneca Nation of New York.............. Allegany, NY, Cattaraugus, NY,

Chautaugua, NY, Erie, NY,

Warren, PA.

Shakopee Mdewakanton Sioux Community of Scott, MN.

Minnesota.

Shoalwater Bay Tribe of the Shoalwater Pacific, WA.

Bay Indian Reservation, Washington.

Shoshone Tribe of the Wind River

Hot Springs, WY, Fremont, WY,

Reservation, Wyoming.

Sublette, WY.

Shoshone-Bannock Tribes of the Fort

Bannock, ID, Bingham, ID,

Hall Reservation of Idaho.

Caribou, ID,

Lemhi, ID,\50\ Power, ID.

Shoshone-Paiute Tribes of the Duck

Nevada, Owyhee, ID.

Valley Reservation, Nevada.

Sisseton-Wahpeton Oyate of the Lake

Codington, SD, Day, SD, Grant,

Traverse Reservation, South Dakota.

SD, Marshall, SD, Richland,

ND, Roberts, SD, Sargent, ND,

Traverse, MN.

Skokomish Indian Tribe of Skokomish

Mason, WA.

Reservation, Washington.

Skull Valley Band of Goshute Indians of Tooele, UT.

Utah.

Snoqualmie Tribe, Washington........... King, WA,\51\ Snohomish, WA,

Pierce, WA,

Island, WA, Mason, WA.

Sokaogon Chippewa Community, Wisconsin. Forest, WI.

Southern Ute Indian Tribe of the

Archuleta, CO, La Plata, CO,

Southern Ute Reservation, Colorado.

Montezuma, CO,

Rio Arriba, NM, San Juan, NM.

Spirit Lake Tribe, North Dakota........ Benson, ND, Eddy, ND, Nelson,

ND, Ramsey, ND.

Spokane Tribe of the Spokane

Ferry, WA, Lincoln, WA,

Reservation, Washington.

Stevens, WA.

Squaxin Island Tribe of the Squaxin

Mason, WA.

Island Reservation, Washington.

Standing Rock Sioux Tribe of North and Adams, ND, Campbell, SD,

South Dakota.

Corson, SD, Dewey, SD, Emmons,

ND, Grant, ND, Morton, ND,

Perkins, SD, Sioux, ND,

Walworth, SD, Ziebach, SD.

Stockbridge Munsee Community, Wisconsin Menominee, WI, Shawano, WI.

Stillaguamish Tribe of Washington...... Snohomish, WA.

Suquamish Indian Tribe of the Port

Kitsap, WA.

Madison Reservation, Washington.

Swinomish Indians of the Swinomish

Skagit, WA.

Reservation, Washington.

Three Affiliated Tribes of the Fort

Dunn, ND, Mercer, ND, McKenzie,

Berthold Reservation, North Dakota.

ND,

McLean, ND, Mountrail, ND,

Ward, ND.

Tohono O'odham Nation of Arizona....... Maricopa, AZ, Pima, AZ, Pinal,

AZ.

Tonawanda Band of Seneca Indians of New Genesee, NY, Erie, NY, Niagara,

York.

NY.

Tonto Apache Tribe of Arizona.......... Gila, AZ.

Trenton Service Unit, North Dakota and Divide, ND,\52\ McKenzie, ND,

Montana.

Williams, ND, Richland, MT,

Roosevelt, MT, Sheridan, MT.

Tulalip Tribes of the Tulalip

Snohomish, WA.

Reservation, Washington.

Tunica-Biloxi Indian Tribe of Louisiana Avoyelles, LA, Rapides, LA.\53\

Turtle Mountain Band of Chippewa

Rolette, ND.

Indians of North Dakota.

Tuscarora Nation of New York........... Niagara, NY.

Upper Sioux Community, Minnesota....... Chippewa, MN, Yellow Medicine,

MN.

Upper Skagit Indian Tribe of Washington Skagit, WA.

Ute Indian Tribe of the Uintah & Ouray Carbon, UT, Daggett, UT,

Reservation, Utah.

Duchesne, UT, Emery, UT,

Grand, UT, Rio Blanco, CO,

Summit, UT, Uintah, UT, Utah,

UT, Wasatch, UT.

Ute Mountain Tribe of the Ute Mountain Apache, AZ, La Plata, CO,

Reservation, Colorado, New Mexico and

Montezuma, CO,

Utah.

San Juan, NM, San Juan, UT.

Wampangoag Tribe of Gay Head (Aquinnah) Dukes, MA.\54\ of Massachusetts.

Washoe Tribe of Nevada & California.... Entire State of NV, Entire

State of CA, except for the counties listed in footnote.

White Earth Band of Chippewa Indians of Becker, MN, Clearwater, MN,

Minnesota.

Mahnomen, MN,

Norman, MN, Polk, MN.

White Mountain Apache Tribe of the Fort Apache, AZ, Coconino, AZ, Gila,

Apache Reservation, Arizona.

AZ, Graham, AZ, Greenlee, AZ,

Navajo, AZ.

Winnebago Tribe of Nebraska............ Dakota, NE, Dixon, NE, Monona,

IA, Thurston, NE, Wayne, NE,

Woodbury, IA.

Yankton Sioux Tribe of South Dakota.... Bon Homme, SD, Boyde, NE,

Charles Mix, SD, Douglas, SD,

Gregory, SD, Hutchinson, SD,

Knox, NE.

Yavapai-Apache Nation of the Camp Verde Yavapai, AZ.

Indian Reservation, Arizona.

Yavapai-Prescott Tribe of the Yavapai

Yavapai, AZ.

Reservation, Arizona.

Ysleta Del Sur Pueblo of Texas......... El Paso, TX.\55\

Zuni Tribe of the Zuni Reservation, New Apache, AZ, Cibola, NM,

Mexico.

McKinley, NM, Valencia, NM.

\1\ Public Law 100-89, Restoration Act for Ysleta Del Sur and Alabama and Coushatta Tribes of Texas establishes service areas for ``members of the Tribe'' by sections 101(3) and 105(a) for the Pueblo and sections 201(3) and 206(a) respectively.

\2\ Entire State of Alaska is included as a CHSDA by regulation (42 CFR 136.22(a)(1)).

\3\ Aroostook Band of Micmac was recognized by Congress on November 26, 1991 through the Aroostook Band of Micmac Settlement Act. Aroostook

County was defined as the SDA.

\4\ Special programs established by Congress irrespective of the eligibility regulations. Eligibility for services at these facilities is based on the legislative history of the appropriation of funds for the particular facility, rather than the eligibility regulations and historically services have been provided at Brigham City (Pub. L. 88- 358).

Page 67889

\5\ Entire State of California, excluding counties of Alameda, Contra

Costa, Los Angeles, Marin, Orange, Sacramento, San Francisco, San

Mateo, Santa Clara, Kern, Merced, Monterey, Napa, San Benito, San

Joaquin, San Luis Obispo, Santa Cruz, Solano, Stanislaus, and Ventura, is designated a CHSDA (25 U.S.C. 1680).

\6\ This is a newly recognized Tribe, as documented at 67 FR 46329, July 12, 2002. The counties listed were designated administratively as the

SDA, to function as a CHSDA, for the purposes of operating a CHS program pursuant to the ISDEAA, Public Law 93-638.

\7\ This is a newly recognized Tribe, as documented at 67 FR 46329, July 12, 2002. The counties listed were designated administratively as the

SDA, to function as a CHSDA, for the purposes of operating a CHS program pursuant to the ISDEAA, Public Law 93-638.

\8\ Historically part of the Coleville Service Unit population since 1970.

\9\ Members of the Tribe residing in these counties were specified as eligible for Federal services and benefits without regard to the existence of a Federal Indian reservation (Pub. L. 98-481, and H.

Rept. No. 98-904).

\10\ Confederated Tribes of Grande Ronde Community of Oregon recognized by Public Law 98-165, signed into law on November 22, 1983, provides for eligibility in these six counties without regard to the existence of a reservation.

\11\ In order to carry out the Congressional intent of the Siletz

Restoration Act, Public Law 95-195, as expressed in H. Report No. 95- 623, at page 4, Siletz Tribal members residing in these counties are eligible for contract health services.

\12\ Historically part of the Yakama Service Unit population since 1979.

\13\ Contract Health Service Delivery Area expanded administratively by the Director, IHS, through regulation (42 CFR 136.22(6)) to include city limits of Elton, LA.

\14\ Cow Creek Band of Umpqua Indians of Oregon recognized by Public Law 97-391, signed into law on December 29, 1983. House Rept. No. 97-862 designates Douglas, Jackson, and Josephine Counties as a service area without regard to the existence of a reservation. The IHS later exercised administrative discretion to add Coos, Deshutes, Klamath and

Lane Counties to the service delivery area.

\15\ This is a newly recognized Tribe, as documented at 67 FR 46329,

July 12, 2002. The counties listed were designated administratively as the SDA, to function as a CHSDA, for the purposes of operating a CHS program pursuant to the ISDEAA, Public Law 93-638. It is proposed that

Columbia County, OR, Kittitas, WA and Wahkiakum County, WA be added to the existing SDA.

\16\ Historically part of Crow Service Unit population.

\17\ Historically part of the Grande Traverse Service Unit population since 1980.

\18\ Historically part of Kansas Service Unit since 1979. Special programs established by Congress irrespective of the eligibility regulations. Eligibility for services at these facilities is based on the legislative history of the appropriation of funds for the particular facility, rather than the eligibility regulations and historically services have been provided at Haskell (H. Rept. No. 95- 392).

\19\ The counties included in this CHSDA were designated by regulation

(42 CFR 136.22(a)(5)).

\20\ Public Law 97-428 provides for eligibility in or around the Town of

Houlton without regard to existence of a reservation.

\21\ This is a newly recognized Tribe, as documented at 67 FR 46329,

July 12, 2002. The counties listed were designated administratively as the SDA, to function as a CHSDA, for the purposes of operating a CHS program pursuant to the ISDEAA, Public Law 93-638.

\22\ This is a newly recognized Tribe, as documented at 67 FR 46329,

July 12, 2002. The counties listed were designated administratively as the SDA, to function as a CHSDA, for the purposes of operating a CHS program pursuant to the ISDEAA, Public Law 93-638.

\23\ Texas Band of Kickapoo was recognized by Public Law 97-429, signed into law on January 8, 1983. The Act provides for eligibility for

Kickapoo Tribal members residing in Maverick County without regard to the existence of a reservation.

\24\ Legislative history states that for the purpose of Federal services and benefits ``members of the tribe residing in Klamath County shall be deemed to be residing in or near a reservation''. (Pub. L. 99-398,

Sec. 2(2)).

\25\ The Little River Band of Ottawa Indians and the Little Traverse Bay

Bands of Odawa Indians were recognized by Congress (Pub. L. 103-324,

Sec. 4(b)(2)) and the listed counties were designated as the SDA, to function as a CHSDA, for the purposes of operating a CHS program pursuant to the ISDEAA, Public Law 93-638.

\26\ The Little River Band of Ottawa Indians and the Little Traverse Bay

Bands of Odawa Indians were recognized by Congress (Pub. L. 103-324,

Sec. 4(b)(2)) and the listed counties were designated as the SDA, to function as a CHSDA, for the purposes of operating a CHS program pursuant to the ISDEAA, Public Law 93-638.

\27\ Mashantucket Pequot Indian Claims Settlement Act, Public Law 98- 134, signed into law on October 18, 1983, provides for a reservation in New London.

\28\ This is a newly recognized Tribe, as documented at 67 FR 46329,

July 12, 2002. The counties listed were designated administratively as the SDA, to function as a CHSDA, for the purposes of operating a CHS program pursuant to the ISDEAA, Public Law 93-638.

\29\ Choctaw Indians residing in Jasper and Noxubee Counties, MS, will continue to be eligible for contract health services. These two counties were inadvertently omitted from 42 CFR 136.22.

\30\ Choctaw Indians residing in Jasper and Noxubee Counties, MS, will continue to be eligible for contract health services. These two counties were inadvertently omitted from 42 CFR 136.22.

\31\ Historically part of the Choctaw Service Unit population since 1970.

\32\ Narragansett Indians recognized by Public Law 95-395, signed into law September 30, 1978. Lands in Washington County are now Federally restricted and the Bureau of Indian Affairs considers them as the

Narragansett Indian Reservation.

\33\ Entire State of Nevada is included as a CHSDA by regulation (42 CFR 136.22(a)(2)).

\34\ Historically part of the Northern Cheyenne Service Unit population since 1979.

\35\ Land of Box Elder County, Utah, taken into trust for the Tribe in 1986.

\36\ Washabaugh County, SD is part of Jackson County, SD, on November 5, 1968.

\37\ Entire State of Oklahoma is included as a CHSDA by regulation (42

CFR 136.22(a)(3)).

\38\ Paiute Indian Tribe of Utah Reservation Act, Public Law 96-227, provides for the extension of services to these four counties without regard to the existence of a reservation.

\39\ Legislative history (H.R. Report No. 95-1021) to Pub. L. 95-375,

Extension of Federal Benefits to Pascua Yaqui Indians, Arizona, expresses congressional intent that lands conveyed to the Tribes pursuant to Act of October 8, 1964 (Pub. L. 88-350) shall be deemed a

Federal Indian Reservation.

\40\ Included to carry out the intention of Congress to fund and provide contract health services to Penobscot and Passamaquoddy Indians (Pub.

L. 96-420; H. Rept. 96-1353).

\41\ Included to carry out the intention of Congress to fund and provide contract health services to Penobscot and Passamaquoddy Indians (Pub.

L. 96-420; H. Rept. 96-1353).

\42\ Included to carry out the intention of Congress to fund and provide contract health services to Penobscot and Passamaquoddy Indians (Pub.

L. 96-420; H. Rept. 96-1353).

\43\ Counties in the Service Unit designated by Congress for the Poarch

Band of Creek Indians (see H. Rept. 98-886, June 29, 1984; Cong.

Record, October 10, 1984, Pg. H11929).

\44\ This is a newly recognized Tribe, as documented at 67 FR 46329,

July 12, 2002. The counties listed were designated administratively as the SDA, to function as a CHSDA, for the purposes of operating a CHS program pursuant to the ISDEAA, Public Law 93-638.

\45\ Ponca Restoration Act, Public Law 101-484, recognized members of the Tribe residing in Boyd, Douglas, Knox, Madison or Lancaster counties of Nebraska or Charles Mix County of South Dakota shall be deemed to be residing on or near a reservation. Public Law 104-109 added Burt, Hall, Holt, Platte, Sarpy, Stanton, and Wayne Counties of

Nebraska and Pottawattomie and Woodbury Counties of Iowa.

\46\ Special programs established by Congress irrespective of the eligibility regulations. Eligibility for services at these facilities is based on the legislative history of the appropriation of funds for the particular facility, rather than the eligibility regulations and historically services have been provided at Rapid City.

\47\ Historically part of Isabella Reservation Area and Eastern Michigan

Service Unit population since 1979.

\48\ This is a newly recognized Tribe, as documented at 67 FR 46329,

July 12, 2002. The counties listed were designated administratively as the SDA, to function as a CHSDA, for the purposes of operating a CHS program pursuant to the ISDEAA, Public Law 93-638.

\49\ The counties included in this CHSDA were designated by regulation

(42 CFR 136.22(a)(4)).

\50\ Historically part of the Fort Hall Service Unit population since 1979.

Page 67890

\51\ This is a newly recognized Tribe, as documented at 67 FR 46329,

July 12, 2002. The counties listed were designated administratively as the SDA, to function as a CHSDA, for the purposes of operating a CHS program pursuant to the ISDEAA, Public Law 93-638.

\52\ The Secretary acting through the Service is directed to provide contract health services to Turtle Mountain Band of Chippewa Indians that reside in Trenton Service Area of Divide, Mackenzie, and Williams

Counties in the state of North Dakota and the adjoining counties of

Richland, Roosevelt, and Sheridan in the state of Montana (Sec. 815,

Pub. L. 94-437).

\53\ Historically part of the Tunica Biloxi Service Unit population since 1982.

\54\ Members of the Tribe residing in Martha's Vineyard [are] deemed to be living ``on or near an Indian reservation'' for the purposes of eligibility for Federal services (Sec. 12, Pub. L. 100-95).

\55\ Public Law 100-89, Restoration Act for Ysleta Del Sur and Alabama and Coushatta Tribes of Texas establishes service areas for ``members of the Tribe'' by sections 101(3) and 105(a) for the Pueblo and sections 201(3) and 206(a) respectively.

Dated: December 11, 2009.

Yvette Roubideaux,

Director, Indian Health Service.

FR Doc. E9-30213 Filed 12-18-09; 8:45 am

BILLING CODE 4165-16-P

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