[Federal Register Volume 61, Number 201 (Wednesday, October 16, 1996)]
[Proposed Rules]
[Pages 53887-53893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26103]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 2530
[AA-320-00-4212-02]
RIN 1004-AB10
Indian Allotments
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Land Management (BLM) is proposing this
rulemaking to revise the provisions on Indian allotments to reduce the
regulatory burden imposed on the public, to streamline and clarify the
existing provisions, and to remove redundant and unnecessary
requirements. BLM has refined the suitability requirements and the
public notification process to make the requirements clearer. We have
also clarified the availability of lands within national forest for
Indian allotments and the procedures for handling allotments on those
lands.
DATES: Comments: Commenters must submit comments by November 15, 1996.
ADDRESSES: Commenters may hand-deliver comments to the Bureau of Land
Management, Administrative Record, Room 401, 1620 L Street, NW.,
Washington, DC; or mail comments to the Bureau of Land Management,
Administrative Record, Room 401LS, 1849 C Street, NW., Washington, DC
20240. You may also transmit comments electronically via the Internet
to [email protected] Please include ``attn: AB10'', and
your name and address in your message. If you do not receive a
confirmation from the system that we have received your internet
message, contact us directly. Comments will be available for public
review in Room 401 of the above address during regular business hours
(7:45 a.m. to 4:15 p.m.), Monday through Friday, except Holidays.
FOR FURTHER INFORMATION CONTACT: Jeff Holdren, (202) 452-7779.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
Written comments on the proposed rule should be specific, should be
confined to issues pertinent to the proposed rule, and should explain
the reason for any recommended change. Where possible, comments should
reference the specific section or paragraph of the proposal which the
commented is addressing.
BLM may not necessarily consider or include in the Administrative
Record for the final rule, comments which BLM receives after the close
of the comment period (see DATES) or comments delivered to an address
other than those listed above (see ADDRESSES).
II. Background:
The Secretary is authorized by section 310 of the Federal Land
Policy and Management Act (FLPMA), (43 U.S.C. 1740) to promulgate rules
and regulations to carry out the purposes of FLPMA and other laws
applicable to the public lands.
Section 4 of the Indian General Allotment Act of February 8, 1887
(25 U.S.C. 334 and 336), (Act) as amended, provides that if you are an
Indian eligible for an allotment, you may apply for an allotment to the
BLM office having jurisdiction over the lands covered by your
application. The Act provides for the following allotment types and
maximum allowable acreage:
--Irrigable land-not more than 40 acres,
--Nonirrigable agricultural land-not more than 80 acres, and
--Nonirrigable grazing land-not more than 160 acres.
Your eligibility depends upon your being able to furnish
documentation from the Bureau of Indian Affairs (BIA) that show you are
an Indian who meets the requirements for filing under this Act. If you
are eligible, your minor children are also qualified to file for an
allotment under the Act.
III. Discussion of Proposed Rule
This proposed rule, which would revise 43 CFR Part 2530--Indian
Allotments, identifies the qualification requirements as well as the
steps a person must take to file an application for an Indian allotment
on BLM administered public lands and public lands on national forests
and the requirements for a trust patent. This revision is needed
because the existing regulations have become outdated since being
modified in 1972. Specifically, National Environmental Policy Act
(NEPA) requirements as well as applicable FLPMA requirements and
provisions of laws relating to hazardous substances need to be added.
FLPMA requirements include meeting planning requirements and meeting
the 2-year notification to grazing permittees and lessees. The revision
will make the regulations easier to read and understand, thereby making
it easier for the affected public to determine the applicability of the
regulations. This revision is part of BLM's efforts to simplify and
clarify its existing regulations.
BLM is considering requiring a $100 filing fee for requesting an
Indian allotment, as authorized by the Act. A fee has not implemented
since the enactment of these regulations in the early part of this
century. This fee, if authorized would require the applicant to pay a
portion of the costs of processing an allotment application and is more
consistent with today's costs of doing business.
The proposed revision sets forth application procedures for
applying for Indian allotments on the public lands. Public lands, as
defined in this rulemaking, would include any lands administered by
BLM, or lands within a national forest that are part of the original
public domain and are otherwise not available for application under
this Act. This definition is being added to clarify the type of lands
that
[[Page 53888]]
are subject to application for an Indian allotment. The proposed
revision would reorganize the regulations, adding a definition section
for clarity (43 CFR 2530.5). A section is added that specifies what
public lands are available for an Indian allotment (43 CFR 2530.10) and
would:
--affirm that approval of an Indian allotment is discretionary with
BLM;
--require that BLM ensure that the lands under application are valuable
for agriculture or grazing, and suitable physically and economically;
and
--provide that lands otherwise appropriated or segregated from surface
entry are not available for selection.
Regulations pertaining to protests and appeals of BLM actions taken
on your application are currently contained in 43 CFR part 4, subpart
E. BLM is in the process of preparing proposed regulations that would
locate BLM protest and appeals procedures in 43 CFR part 1840. Should
these BLM protest and appeals regulations become final, appropriate
changes in the references will be made to 43 CFR part 1840.
Section by Section Analysis
The proposed regulations would renumber current sections of the
regulations. BLM would revise Sec. 2530.10 (formerly Sec. 2530.0-8),
land subject to allotment, to add provisions to inform you, the
applicant, of the need for lands being properly classified for
settlement under the Indian General Allotment Act. We would also add
provisions requiring you to provide evidence with respect to the lands
that they are physically and economically suitable for support of an
Indian family and you have sincerely applied for these lands
considering all of these factors. This section would also clarify that
we can allow allotments on public lands valuable or potentially
valuable for leasable minerals.
Section 2530.13 on qualification requirements would substantially
streamline current regulatory provisions by substituting a general
reference to the requirement that an applicant for an Indian allotment
submit documentation from BIA of eligibility to BLM. This documentation
would replace the current regulatory requirement that you furnish BLM a
certificate of eligibility from the Commissioner of Indian Affairs.
Section 2530.14 would clarify the eligibility requirements of
children of living allotment applicants and orphaned children.
Additionally, Sec. 2530.14 would provide procedures for applications on
behalf of minor children. We have removed the current regulatory
provision on Indian wives (Sec. 2531.1(e)) since Sec. 2530.13, in
addressing the general qualification requirements, would be applicable
to all applicants, regardless of gender.
The proposed rule would relocate the current provisions on
applications for allotments to Secs. 2530.15, 2530.16, and 2530.17 and
expand them to provide more detailed procedures, including submission
of a nonrefundable filing fee. Section 2530.15 would encourage you to
consult with BLM before submitting an application, to ensure you can
meet all of the requirements with respect to water and land use
conflicts, and to familiarize you with the processes and the
responsibilities of the various governmental agencies involved. Section
2530.16 would itemize the information you are to provide in your
application (a BLM official form is no longer required). This section
would also require submission of a nonrefundable filing fee of $100 for
each application and a certificate of eligibility from BIA. The filing
fee is to provide partial payment for the BLM's acting upon your
application. It would provide that your filing of an application does
not segregate the land from the operation of the public land laws, and
that your application may not be assigned. Section 2530.17 would
specify additional requirements you must meet, including compliance
with all State and local zoning requirements as well as assurance that
you have, either through production or acquisition, a sufficient
quantity and quality of water to develop your allotment.
Sections 2530.20, 2530.21 and 2530.22 would address BLM's process
of notifying the public of any proposed decision to grant an allotment.
We would publish this notice of proposed decision in local newspapers
and distribute it to the Governor of the State, local governmental
entities, authorized users, and interested parties. BLM would allow the
public 45 days from the initial date of publication in the newspaper to
comment on the proposed decision. As noted in Secs. 2530.23 and
2530.24, BLM would analyze all comments received and would address all
protests according to the procedures found in 43 CFR part 4.
Section 2530.26 would provide that if grazing authorizations exist
upon the lands you have applied for, BLM may delay approval of your
allotment for a period up to two years so that we can give notice to
the permittees and lessees. However, a permittee or lessee may waive
the two year notification.
Section 2530.27 would require that the lands covered by the
allotment be segregated from the public land laws and mining laws to
eliminate potential encumbrances or any conflicts with the settlement
of the allotment. The lands would be segregated for 2 years beginning
on the date your allotment is approved, and BLM may extend the
segregation in specific circumstances.
Requirements for filing an application for a trust patent would be
addressed in revised 43 CFR part 2530, subpart 2531, which would deal
exclusively with trust patents. Section 2531.1 would direct BLM to
issue you a trust patent after you successfully complete the required
2-year settlement period on your allotment and your meeting all other
requirements. If you are unable to complete the 2-year settlement
period due to circumstances such as war, acts of God, or legal delays,
Sec. 2531.2 would provide that BLM may grant you an extension of not
more than 2 additional years. If a grazing lessee or licensee requests
the delay your application will be suspended for the amount of time of
the delay request.
Sections 2531.5 and 2531.6 would address the disposition of the
allotment of an Indian who dies after settlement but before we issue a
trust patent. If an allottee dies after complying with the requirements
to obtain title, but prior to our issuing a trust patent, we will issue
a trust patent to the heirs of the deceased allottee, without requiring
any further occupancy.
43 CFR part 2530, subpart 2533, which currently addresses Indian
allotments in national forests, would be replaced by 43 CFR part 2530,
subpart Sec. 2532. A new Sec. 2532.3 would state the qualifications
that you must meet for approval of an application for an Indian
allotment on national forests. You may file an application for an
allotment for lands on national forests if you: (1) are not entitled to
an allotment on an existing reservation, (2) belong to a tribe without
a reservation, or (3) belong to a reservation that is insufficient in
size to accommodate allotments for the members of the tribe.
Section 2532.4, a proposed revision of existing Sec. 2531.1, would
provide that your application be submitted to the District Ranger or
the Forest Supervisor in the same format as required for applications
for allotments on public lands administered by BLM. Likewise, the
Forest Service would require a nonrefundable filing fee of $100.
Section 2532.5 would provide that the Forest Service is to process
applications in accordance with Forest Service regulations, and would
set forth the procedures for rejecting and accepting
[[Page 53889]]
applications for allotments on national forests. The Secretary of the
Interior would retain final responsibility for accepting or rejecting
applications and the Secretary would issue trust patents on national
forest lands in the same manner as trust patents for BLM lands. Section
2532.6 would provide you the right to appeal to the Interior Board of
Land Appeals if BLM rejects your application on the basis that the
lands you applied for are not suitable for disposal under the Act.
IV. Procedural Matters
The principal author of this proposed rulemaking is Jeff Holdren,
Realty Use Group, assisted by the staff of the Regulatory Management
Team of the Bureau of Land Management.
National Environmental Policy Act
BLM has prepared an environmental assessment (EA) and has found
that the proposed rule would not constitute a major federal action
significantly affecting the quality of the human environment under
section 102(2)(C) of the National Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4332(2)(C). BLM has placed the EA and the Finding of
No Significant Impact (FONSI) on file in the BLM Administrative Record
at the address specified previously (see ``ADDRESSES''). BLM invites
the public to review these documents and suggests that anyone wishing
to submit comments in response to the EA and FONSI do so in accordance
with the Written Comments section above, or contact us directly.
Paperwork Reduction Act
BLM has determined that fewer than 5 Indian allotment applications
per year are filed. Therefore, the information collection requirements
contained in the proposed regulation are exempt from the provisions of
the Paperwork Reduction Act (44 U.S.C. 3518(c)(1)).
Regulatory Flexibility Act
Congress enacted The Regulatory Flexibility Act of 1980 (RFA) to
ensure that Government regulations do not unnecessarily or
disproportionately burden small entities. The RFA requires a regulatory
flexibility analysis if a rule would have a significant economic
impact, either detrimental or beneficial, on a substantial number of
small entities. BLM has determined that this proposed rule would not
have a significant economic impact on a substantial number of small
entities under the RFA (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
BLM has determined that this proposed rule is not significant under
the Unfunded Mandates Reform Act of 1995, because it will not result in
State, local and tribal government, in the aggregate, or private
sector, expenditure of $100 million or more in any one year. This
proposed rule will not significantly or uniquely affect small
governments.
Executive Order 12612
The proposed rule would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, BLM has determined that this proposed rule does not have
sufficient federalism implications to warrant BLM preparation of a
Federalism assessment.
Executive Order 12630
BLM recognizes that in the case of Public Lands Council v. Babbitt,
No. 95-CV-165-B, in the U.S. District Court for the District of
Wyoming, the court implied that holders of existing grazing leases may
have some undefined property rights. BLM and the Department of the
Interior strongly disagree with this interpretation of the Taylor
Grazing Act, and the case is currently on appeal. Should the Court of
Appeals uphold this interpretation, BLM will consider preparing a
Takings Implications Assessment under Executive Order 12630 to consider
the implications of this proposed rule on private property rights.
Executive Order 12866
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866. BLM does not have to assess the
potential costs and benefits of the rule under section 6(a)(3) of that
order. The Office of Management and Budget has exempted the rule from
review under that order.
List of Subjects in 43 CFR Part 2530
Indians--lands, National forests, Public lands, Reporting and
recordkeeping requirements.
Dated: October 2, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
For the reasons set forth in the preamble and under the authority
of the FLPMA (43 U.S.C. 1201; 43 U.S.C. 1740) BLM proposes to revise
part 2530 of subchapter B, chapter II of title 43 of the Code of
Federal Regulations as set forth below:
PART 2530--INDIAN ALLOTMENTS
Subpart 2530--Indian Allotments--General
Sec.
2530.1 What is the authority for granting an Indian allotment on
public lands administered by BLM?
2530.5 What terminology should I know?
2530.10 What public lands are available for an Indian allotment?
2530.11 Where do I find information about applying for a native
allotment in Alaska?
2530.12 What is the maximum acreage for an Indian allotment?
2530.13 What qualifications must I meet to be eligible for an
Indian allotment?
2530.14 Do my minor children qualify for an Indian allotment, and
how do they apply?
2530.15 What steps must I take prior to filing an application?
2530.16 How do I apply for an Indian allotment?
2530.17 What additional requirements must I meet to have my
application approved?
2530.18 What will BLM do upon receipt of the above information?
2530.19 What limitations apply to my application?
2530.20 How do I find out if my application is approved?
2530.21 How are the public and affected parties made aware of the
initial approval of my application?
2530.22 What information will the notice to the public include?
2530.23 How will BLM evaluate my comments and the comments or
concerns of other interested parties?
2530.24 Can anyone appeal or protest the proposed decision on the
allowance of my allotment?
2530.25 How do I know when I may begin to develop my allotment?
2530.26 If my application is rejected by BLM how do I appeal?
2530.27 When do lands covered by my application for an allotment
become segregated from appropriation under the public land laws and
mining laws?
2530.28 When will the segregative effect on my allotment terminate?
2530.29 How do lands with existing grazing authorizations affect my
allotment?
Subpart 2531--Trust Patents
2531.1 How do I obtain title to the lands covered by my allotment?
2531.2 If I am unable to meet the 2-year time requirement for
occupying and developing my allotment, can I obtain an extension of
time?
2531.3 What criteria must I meet to obtain a trust patent?
2531.4 If my allotment is unsurveyed, may I receive a trust patent?
2531.5 In the event of my death, will my heirs be notified of my
eligibility for a trust patent?
2531.6 In the event of my death, may my heirs receive a trust
patent?
[[Page 53890]]
Subpart 2532--Indian Allotments--National Forests
3532.1 What is the authority for filing an Indian allotment on
public lands within a national forest?
2532.2 What limitations do I have in applying for an allotment on
public lands within a national forest?
2532.3 What conditions must I meet to qualify for an allotment on
public lands within a national forest?
2532.4 How do I apply for an Indian allotment on public lands
within a national forest?
2532.5 How will my application be processed?
2532.6 What may I do if my application is rejected?
Authority: 25 U.S.C. 334 and 336.
Subpart 2530--Indian Allotments--General
Sec. 2530.1 What is the authority for granting an Indian allotment on
public lands administered by BLM?
Section 4 of the Indian General Allotment Act of February 8, 1887
(25 U.S.C. 334), as amended by the Act of February 28, 1891 (26 Stat.
794), and section 17 of the Act of June 25, 1910 (25 U.S.C. 336),
provide that if you are an Indian eligible for an allotment under
existing laws, you may apply to the Bureau of Land Management (BLM)
office having jurisdiction over the lands covered by the application to
have the lands allotted to you and to your children in the manner
provided by law.
Sec. 2530.5 What terminology should I know?
As used in this part, the term:
Act means the Indian General Allotment Act of February 8, 1887
(25 U.S.C. 334), as amended.
Allotment means a tract of land issued to individual Indians or a
tribe by the United States of America in trust, restricted, or fee
simple status by Acts of Congress.
Allowance means the applicant is authorized to enter the allotment
for purposes of settlement.
Crop means any agricultural product to which the lands are
generally adapted and which would show a profit when the expense of
producing it is deducted.
Indian means a person who is a member of or eligible for membership
in an Indian tribe.
Indian tribe means any Indian tribe, band, nation, pueblo,
community, rancheria, colony, or other group that, at the time of an
application for an allotment pursuant to these regulations, is
recognized by the Secretary of the Interior as eligible to receive
services from the United States Bureau of Indian Affairs.
Irrigable lands means lands that are susceptible to successful
irrigation from a known and adequate source of a supply of water and
upon which agricultural crops can be profitably raised.
Irrigation means the application of water to lands to grow crops.
Mineral laws means those laws applicable to the mineral resources
administered by the BLM. They include, but are not limited to, the
mining laws, the mineral leasing laws, the mineral material disposal
laws and the Geothermal Steam Act.
Mining laws means those laws as defined at Sec. 3809.0-5(e) of this
chapter.
Nonirrigable agricultural lands means lands upon which agricultural
crops can be profitably grown without irrigation.
Nonirrigable grazing lands means lands suitable for grazing that
cannot be profitably devoted to any other agricultural use.
Public lands means, for the purposes of these regulations, any
lands, administered by the Bureau of Land Management, or lands within
National Forests that are part of the original public domain and are
not reserved, withdrawn, or otherwise not available for application
under this Act.
Segregation means the temporary removal, subject to valid existing
rights, of a specified area of the public lands from appropriation
under the public land laws and mining laws, pursuant to the authority
of the Secretary of the Interior to provide for the orderly
administration of the public lands.
Settlement means occupancy and development of the lands in the
allotment in a manner consistent with the applicant's plan of
operation.
Trust patent means a patent issued to the United States of America
in trust for an individual Indian or a tribe. Lands conveyed by trust
patent cannot be alienated or encumbered without approval of the United
States of America.
Water right means the right, whether by existing ownership,
contract, purchase, or appropriation in accordance with State law, to
use water on the lands for the purposes set out in the allotment.
Water supply means a permanent and adequate source of water that is
sufficient for domestic, livestock, or agricultural purposes in
accordance with the proposal in the allotment application.
Sec. 2530.10 What public lands are available for an Indian allotment?
BLM may approve an application for an allotment on any surveyed or
unsurveyed public lands suitable for disposal under the Act not
otherwise appropriated or segregated from surface entry by withdrawal
or classification. BLM may allow an allotment on lands valuable or
potentially valuable for leasable minerals with a reservation of the
minerals interests of value to the United States. BLM will grant an
allotment on public lands not included in a national forest if the
lands under application are determined by BLM to be:
(a) Suitable and properly classified for development under the
Indian General Allotment Act using the procedures and criteria in part
2400 of this chapter and will not exceed the maximum acreage
requirements addressed in Sec. 2530.12;
(b) Valuable for agricultural or grazing purposes; and
(c) Physically and economically suitable for support of an Indian
or an Indian family and is applicable for that purpose. BLM's
determination of economic feasibility will take into account all costs
associated with settlement of the public lands covered by your
application.
Sec. 2530.11 Where do I find information about applying for a native
allotment in Alaska?
For native allotments in Alaska, see 43 CFR part 2560, subpart
2561.
Sec. 2530.12 What is the maximum acreage for an Indian allotment?
An allotment to any one Indian will not exceed the following
acreage requirements:
(a) 40 acres of irrigable land;
(b) 80 acres of nonirrigable land; or
(c) 160 acres of nonirrigable grazing land.
Sec. 2530.13 What qualifications must I meet to be eligible for an
Indian allotment?
(a) You must qualify as an Indian, as defined in this part, to be
eligible for an Indian allotment on public lands.
(b) You must furnish documentation from the Bureau of Indian
Affairs that shows you are an Indian eligible to apply for an Indian
allotment. This documentation must show that you are a member of a
recognized tribe, or are entitled to be so recognized. You must attach
that documentation to your allotment application.
Sec. 2530.14 Do my minor children qualify for an Indian allotment, and
how do they apply?
(a) If you are eligible for an allotment under the Act, you are
also eligible, upon application, for an allotment for your living minor
children, stepchildren, or other children as to whom you fill the role
of parent. Orphan children (children whose both parents are deceased)
are not eligible for an allotment unless they qualify under the
criteria stated in Sec. 2530.13.
[[Page 53891]]
(b) BLM requires the actual settlement by the parent or the person
standing in place of the parents to substantiate the filing for an
Indian allotment on behalf of minor children.
(c) In every case where you file an application for a minor child,
you must show that you have an allotment under the Act and are using
the land covered by your allotment in accordance with the Act's
requirements.
(d) You may apply on behalf of a minor child, but you must show
that your child resides with and receives subsistence from you.
Sec. 2530.15 What steps must I take prior to filing an application?
Prior to filing an application for an Indian allotment, you should
consult with the appropriate staff in the BLM office that has
jurisdiction over the lands covered by your application to:
(a) Determine availability of the lands you wish to apply for and
water availability;
(b) Check for conformity with approved land use plans;
(c) Provide an explanation of the requirements of applicable law
and regulations;
(d) Familiarize you with respective Federal and State
responsibilities; and
(e) Avoid potential conflicts.
Sec. 2530.16 How do I apply for an Indian allotment?
(a) You must file an application in the BLM office having
jurisdiction over the lands covered by your application in accordance
with the provisions of regulation Sec. 1821.2 of this chapter. No
official BLM form is required.
(b) Your application must be accompanied by a nonrefundable filing
fee of $100 and must include the following information:
(1) Name and address (including zip code); if you are applying on
behalf of a minor child, the name and age of child and the your
relationship to the child;
(2) Name of Indian tribe in which you claim membership or
eligibility for membership;
(3) Documentation from the Bureau of Indian Affairs that you or
your minor children are eligible for an Indian allotment, as provided
in Sec. 2530.2;
(4) Legal description of lands being applied for (township, range,
meridian, section, subdivision, and state) and acreage;
(5) A plan of development that describes the proposed use of the
land and description of improvements to be placed on the lands covered
by the application;
(6) Types of allotments, if any, that you previously received under
any Act of Congress; and
(7) A description of the manner in which you will make settlement
on the lands covered by the application.
(c) BLM will not approve your application unless and until BLM
determines that the public lands involved are suitable for disposal
under the Indian General Allotment Act and classified pursuant to the
provisions of Sec. 2530.10 and part 2400 of this chapter.
Sec. 2530.17 What additional requirements must I meet to have my
application approved?
In addition to the requirements stated in Sec. 2530.12 and
Sec. 2530.13, you must meet the following requirements:
(a) Your description of the proposed use of the lands is consistent
with all State and local zoning requirements, health and safety codes,
and development standards;
(b) Your anticipated return from agricultural use of the lands
would support the residents at an income level above that established
at a subsistence level for rural agricultural families as established
by the Bureau of Labor Statistics; and
(c) Where appropriate, your application must include documentation
that the average rainfall is adequate for agricultural purposes or
that, under State law, you have appropriated sufficient water to
properly irrigate the allotment.
Sec. 2530.18 What will BLM do upon receipt of the above information?
BLM will notify the appropriate State agencies of your filing and
will consult with those agencies as appropriate. BLM will analyze your
proposed uses of the lands in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) based on data
you have provided and other available resource information. BLM also
requires compliance with applicable laws, regulations and policies
concerning hazardous substances.
Sec. 2530.19 What limitations apply to my application?
The following limitations apply to your application:
(a) Your filing of an application for an allotment under the
provisions of this subpart does not segregate the land or confer any
right, title, or interest in the land;
(b) You may not assign your application for an allotment to another
individual; and
(c) Procedures for and limitations to seeking an allotment in the
National Forests are found in subpart 2532 of this part.
Sec. 2530.20 How do I find out if my application is approved?
Upon completing review of your application, BLM will issue a
proposed decision to you approving your application for an allotment if
your application meets the following criteria:
(a) Your proposed development of the allotment is economically
feasible;
(b) An environmental assessment, as required under the National
Environmental Policy Act, shows that the proposed development is a
suitable use of the requested land; and
(c) You have met the other qualifications identified in
Sec. 2530.15.
Sec. 2530.21 How are the public and affected parties made aware of the
initial approval of my application?
In addition to notifying you of the proposed approval of your
application, BLM will publish a notice of the proposed approval of your
application once a week for 3 consecutive weeks in a newspaper of
general circulation in the vicinity of the public lands specified in
the application. BLM also will send copies of the notice to the
Governor of the State, the head of the governing body of any political
subdivision having zoning or other land use regulatory authority in the
area within which the public lands covered by the notice are located,
authorized users, and to other persons considered by BLM as likely to
be interested including, but not limited to, adjoining and cornering
landowners.
Sec. 2530.22 What information will the notice to the public include?
The notice that is published in the newspaper will include:
(a) A reference to the applicable land use plan;
(b) A legal description of the lands;
(c) Date of classification and proposed date to allow an allotment;
(d) A brief description of the plan of development;
(e) A statement as to the segregative effect; and
(f) An invitation for public comment.
Sec. 2530.23 How will BLM evaluate my comments and the comments or
concerns of other interested parties?
BLM will analyze all comments received concerning your entry on the
land covered by the allotment. In analyzing these comments BLM will
consider the merits of the comments received. Comments may shed new
light or information on the operation plan for your allotment, provide
new evidence about environmental issues, provide local or regional
governmental data that were formerly unknown, and provide other new
details that pertain to the
[[Page 53892]]
suitability of approving or rejecting your allotment.
Sec. 2530.24 Can anyone appeal or protest the proposed decision on the
allowance of my allotment?
For a period of 45 days from the initial date of publication in the
newspaper, you or other parties may file a protest to the notice of a
proposed decision granting the allotment, according to the procedures
found in part 4,, subpart E of this title. If BLM rejects your protest,
you have the right to appeal the rejection of the protest to the
Interior Board of Land Appeals by following the procedures found in
part 4, subpart E of this chapter.
Sec. 2530.25 If my application is rejected by BLM, how do I appeal?
You may appeal BLM's decision to deny you an allotment by following
the procedures described in the applicable provisions of part 4 subpart
E of this title. However, you may not appeal or protest the initial
suitability and classification determination of the lands that resulted
from the land use planning process. Protests of proposed or initial
classification decisions are covered in part 2400 of this title.
Sec. 2530.26 How do I know when I may begin to develop my allotment?
BLM will issue a final decision approving your application for an
Indian allotment and authorizing you to develop your allotment in
accordance with the plan of operation. The decision will specify the
date you may begin this development work. If the 2-year notification to
grazing lessees is applicable, the allotment will not be allowed until
the 2-year period has passed.
Sec. 2530.27 When do lands covered by my application for an allotment
become segregated from appropriation under the public land laws and
mining laws?
This event takes place on the date the decision allowing you to
enter the lands covered by your application is issued. BLM will note
the segregation on the public land records in accordance with
Sec. 1813.1 of this chapter. Subject to valid existing rights, the
lands will remain segregated for a period not to exceed 2 years from
the date of decision, unless BLM grants an extension of time due to
circumstances specified under Sec. 2531.2.
Sec. 2530.28 When will the segregative effect on my allotment
terminate?
The segregative effect on your allotment terminates when one of the
following events occurs:
(a) Automatically, when BLM issues you a patent or other document
of conveyance to the affected lands; however, the lands remain closed
to mineral entry because the minerals are reserved to the United States
in trust for the individual Indian or Indians, together with the right
to lease, extract or retain them;
(b) If either BLM cancels the allotment or you relinquish it, on
the date and time specified in an opening order published in the
Federal Register; or
(c) Automatically, when the 2-year segregation period or extension
ends.
Sec. 2530.29 How do lands with existing grazing authorizations affect
my allotment?
When BLM identifies lands for disposal and such disposal precludes
livestock grazing, BLM will not approve your allotment until 2 years
after we notify any permittees and lessees that we may cancel their
grazing permit(s) or grazing lease(s) and grazing preference in
accordance with Sec. 4110.4-2(b) of this chapter. A permittee or lessee
may unconditionally waive the 2-year prior notification.
Subpart 2531--Trust Patents
Sec. 2531.1 How do I obtain title to the lands covered by my
allotment?
To be eligible to receive a trust patent (title) to the public
lands covered by your allotment, you must occupy and develop your
allotment within two years from the date of entry and file an
application for a trust patent with the BLM office having jurisdiction
over the lands covered by your allotment.
Sec. 2531.2 If I am unable to meet the 2-year time requirement for
occupying and developing my allotment, can I obtain an extension of
time?
Upon your request, BLM may grant an extension of not more than two
additional years if you cannot implement your plan of operation upon
your allotment within the two years provided in Sec. 2531.1. BLM will
grant an extension only in extraordinary circumstances, such as war,
acts of God, or legal delays.
Sec. 2531.3 What criteria must I meet to obtain a trust patent?
Prior to conveyance of title, BLM will examine the lands covered by
your allotment to assure compliance with the provisions of this part.
When BLM has determined that you have, settled the lands covered by
your allotment in accordance with your plan of development, BLM will
issue a trust patent to you.
Sec. 2531.4 If my allotment is unsurveyed, may I receive a trust
patent?
No. Your allotment must be surveyed before BLM may issue a patent.
Sec. 2531.5 In the event of my death, will my heirs be notified of my
eligibility for a trust patent?
In cases where the death of an allottee is reported to BLM, BLM
will attempt to notify heirs of the allottee that they have 90 days
from receipt of the notice to submit proof to BLM that the allottee
personally settled on the lands covered by the allotment and met all
other requirements for a trust patent. BLM will describe to the heirs
what form of proof is acceptable. BLM will cancel the allotment for
failure of your heirs to submit the proof required by this section
within the time allowed will result in cancellation of the allotment.
Sec. 2531.6 In the event of my death, may my heirs receive a trust
patent?
Yes, where an allottee dies after complying with the requirements
to obtain title but prior to issuance of a trust patent, BLM will issue
to the heirs of the deceased allottee a trust patent for lands covered
by the allotment without requiring further occupancy or use on their
part.
Subpart 2532--Indian Allotments--National Forests
Sec. 2532.1 What is the authority for filing an Indian allotment on
public lands within a national forest?
Section 31 of the Act of June 25, 1910 (25 U.S.C. 337), authorizes
allotments on public lands within national forests under the Act.
Sec. 2532.2 What limitations do I have in applying for an allotment on
public lands within a national forest?
You may apply only for surveyed or unsurveyed public lands of the
United States within a national forest, when continuous occupancy or
improvements by eligible Indians existed either from June 25, 1910, or
at the time the national forest was created. If there are lands
valuable for leasable minerals, BLM may approve your application for an
allotment, subject to a reservation of the mineral interests of value
to the United States.
Sec. 2532.3 What conditions must I meet to qualify for an allotment on
public lands within a national forest?
To meet the qualification requirements, you must be an Indian who
occupies, lives on, or has improvements on the lands. No other
conditions qualify you for an Indian allotment. If you are entitled to
an allotment on any existing Indian reservation, or belong to any
Indian tribe that does not have a reservation, or the reservation is
insufficient in size to afford an allotment to each member of
[[Page 53893]]
that tribe, you are not entitled to an allotment.
Sec. 2532.4 How do I apply for an Indian allotment on public lands
within a national forest?
To apply for an allotment on public lands within a National Forest,
you must submit an application to the District Ranger or the Forest
Supervisor of the particular forest where the lands are located. Your
application must contain the information specified in Sec. 2530.16. You
must also remit a nonrefundable filing fee of $100.
Sec. 2532.5 How will my application be processed?
(a) The responsible Forest Service official will process your
application in accordance with the regulations at 36 CFR 254.50, unless
the land is withdrawn or otherwise unavailable for filing. If the lands
are not available for filing, the Forest Service will notify BLM that
the lands are not available, and your application will be rejected.
(b) The Secretary of Agriculture will determine whether any of the
lands you applied for are more valuable for agriculture or grazing than
for the timber found on the land. He or she will send the application,
this finding, and a report on the suitability of the land for disposal
under the Act, to the Secretary of the Interior. The land suitability
report will analyze such factors as physical characteristics of the
land, potential uses and users of the land, land use planning, and
environmental considerations.
(c) Upon receipt of a determination and suitability report from the
Secretary of Agriculture, the Secretary of the Interior will, after
consideration of all relevant information, decide if the land applied
for is suitable for disposal under the Act. If the Secretary approves
the application, BLM will issue a trust patent in accordance with
subpart 2531 of this part.
Sec. 2532.6 What may I do if my application is rejected?
If the Secretary determines that the land covered by your
application is not suitable for disposal under the Act, BLM will send
you a decision to this effect. You may appeal a decision rejecting your
application under the provisions contained in part 4, subpart E of this
title.
[FR Doc. 96-26103 Filed 10-15-96; 8:45 am]
BILLING CODE 4310-84-P
