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t, .i e e . 02035 Secretary of the Interior. Therefore, in compliance with the Federal Grant and Cooperative Agreement Act, the agencies want to identify a specific legal authority under wruch they may fund the tribes for ongoing participation in and consultation on the Glen Canyon Dam Adaptive Management Program. Reclamation's contract officers have questioned whether government-to-government consultation or participation in a federal advisory committee provides the legal framework for providing assistance to the tribes. In addition, there is a question whether funding full-time tribal representatives to a federal advisory committee violates Departmental policies on not paying consulting fees to paid tribal personnel. BACKGROUND: In 1996, the Secretary of the Interior signed a Record of Decision on Glen Canyon Dam operations which created a federal advisory committee, the Glen Canyon Dam Adaptive Management Work Group. The Secretary of the Interior appoints tribal representatives to the committee because of their cultural interests; Indian trust assets are not present within the area of primary concern to the committee. Current tribal representatives are the Pueblo of Zuni, Kaibab Band of Paiute Indians, Paiute Indian Tribe of Utah, San Juan Southern Paiute, Hopi Tribe, Navajo Nation, and Hualapai Tribe. Federal agencies on the advisory committee include Department of the Interior agencies listed above, along with Western Area Power Administration. From 1996 through 2000, Reclamation and Western Area Power Administration funded tribal participation using power revenues. Revenues were transferred to the tribes using cooperative agreements that cited the National Historic Preservation Act of 1966 and the Grand Canyon Protection Act of 1992 as legal authorities for the transfer of funds. These laws were listed as the authorities to enter into the agreements and provide assistance to the tribes because they mandate consultation between federal agencies and tribal governments. The tribes used the funds to hire staff who participated in the Glen Canyon Dam Adaptive Management Program. While the work preparing for and traveling to meetings, presenting tribal viewpoints at meetings, and informing tribal councils of the results of the meetings is not a full time job, tribal representatives informed the agencies that they could not participate on an equal basis with the agency representatives unless they received funding to hire one professional-level, full-time equivalent position ($80,000- 95,000 per tribe per year). On June 19,2001, Acting Assistant Secretary for Policy, Management and Budget, Mr. Bob Lamb, issued a memorandum directing the Interior agencies to fund tribal participation in the Glen Canyon Dam Adaptive Management Program through fiscal year 2003. His directive was based on the federal trust responsibility to the tribes and the Grand Canyon Protection Act of 1992. In fiscal year 2004, the authority for financial assistance provided by Mr. Lamb's memorandwn has expired. 2