[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Proposed Rules]
[Pages 38172-38173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18082]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 2530
[WO-320-00-4212-02]
Indian Allotments
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule; notice of reopening of comment period.
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SUMMARY: The Bureau of Land Management (BLM) hereby gives notice that
it is reopening the comment period on a Notice of Proposed Rule, which
was published in the Federal Register on October 16, 1996 (61 FR
53887). The comment period for the proposed rule expired on November
15, 1996. The proposed rule erroneously stated that the information
requirements in the rule were not subject to the provisions of the
Paperwork Reduction Act. BLM is reopening the comment period on the
proposed rule for 60 days to accept comments on the information
requirements and on any other aspects of the proposed rule.
DATES: Submit all comments by September 13, 1999. Comments received
after the closing date may not be considered in preparing the final
rule.
ADDRESSES: Send all comments related to the information aspects of the
proposed rule to: Office of Information and Regulatory Affairs, Office
of Management and budget, Attn: Interior Desk Officer (1004-NEW), 725
17th St., NW, Washington, DC. Please send a copy of your comments to:
Administrative Record, Bureau of Land Management, 1849 C St., NW, Mail
Stop 401 LS, Washington, DC 20240 or e-mail them to WoComment@blm.gov.
FOR FURTHER INFORMATION CONTACT:
Jeff Holdren, Lands and Realty Group, (202) 452-7779, e-mail:
jeff__holdren@blm.gov, for information about BLM's Indian allotment
program. Carole Smith, Regulatory Affairs Group, (202) 452-0367, e-
mail: carole__smith@blm.gov, for the information collection aspects of
the proposed rule. Individuals who use a telecommunications device for
the deaf (TDD) may call the Federal Information Relay Service between 8
a.m. and 8 p.m., Eastern time.
SUPPLEMENTARY INFORMATION: On October 16, 1996, BLM published a notice
of a proposed rule in the Federal Register. This rule at 43 CFR part
2530 would revise the provisions on Indian allotments to: (1) Identify
the requirements for Indian allotments, (2) describe the steps that a
person must take to file an application for an Indian allotment on BLM-
administered lands and on public domain lands within national forests,
(3) impose an application processing fee of $100 per application, (4)
clarify various requirements, including how to apply for a trust
patent, and (5) present the material in plain language.
The comment period closed on November 15, 1996. Only one comment
was received. To give individuals who did not comment during the
initial 30-day comment period a chance for a longer time to consider
the proposed regulations, BLM is reopening the comment period for an
additional 60 days.
Discussion of Statute and Proposed Regulations
Section 4 of the Indian General Allotment Act of February 8, 1887
(43 U.S.C. 1740) 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. Your
eligibility depends upon your being able to furnish documentation from
the Bureau of Indian Affairs that shows you are an Indian who meets the
requirements of the Act. If you are eligible, your minor child is also
qualified to file for an allotment under the Act.
The regulations at 43 CFR part 2530 implement the provisions of the
Act. The proposed regulations update the current regulations to
incorporate changes that have occurred since 1972, when the current
regulations became effective. These include changes describing how BLM
will process applications to include provisions relating to the
National Environmental Policy Act, the Federal Land Policy and
Management Act (FLPMA), and the laws relating to hazardous substances.
FLPMA requirements including meeting the planning requirements and the
2-year notification to grazing permittees and lessees.
The proposed regulations would also require a $100 filing fee to
reimburse BLM partially for processing each application.
The proposed regulations at Sec. 2530.10 specify what lands are
available for an Indian allotment and would: (1) Affirm that approving
an Indian allotment is at BLM's discretion, (2) require that BLM ensure
that the lands under application are valuable for agriculture or
grazing, and suitable physically and economically, and (3) provide that
lands otherwise appropriated or segregated from surface entry are not
available for selection.
The proposed regulations would also:
Renumber current sections of the regulations, as described
in the earlier notice (61 FR 53888),
Add provisions at Sec. 2530.10 to inform applicants of the
need to select lands properly classified for settlement under the Act,
Substantially streamline current regulatory provisions at
Sec. 2530.13 by substituting a general reference to the requirement
that an applicant for an Indian allotment submit documentation
[[Page 38173]]
of eligibility from the Bureau of Indian Affairs to BLM,
Clarify at Sec. 2530.14 the eligibility requirements of
children of living allotment applicants and orphaned children,
Itemize at Sec. 2530.16 the information applicants need to
provide in their applications,
Describe the requirements for obtaining a trust patent at
subpart 2531, including successfully completing the 2-year settlement
period on the allotment and meeting all other requirements, and
At subpart 2533, address the requirements for getting
applications approved for Indian allotments on public domain national
forest lands. These include submitting applications to the District
Ranger or Forest Supervisor and documentation to show one or more of
the following: (1) You are not entitled to an allotment on an existing
reservation, (2) you belong to a tribe without a reservation, or (3)
you belong to a reservation that is insufficient in size to accommodate
allotments for the members of the tribe.
Paperwork Reduction Act Requirements
The proposed regulations inadvertently stated that the information
requirements in the rule were not subject to the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and did not require
approval from the Office of Management and Budget (OMB). The
information requirements are in fact subject to OMB approval. We
therefore request your comments on the information requirements,
including any comments you may have in the following areas;
Whether collecting the information is necessary for the
proper functioning of BLM, including whether the information will have
practical utility;
The accuracy of BLM's estimate of the burden of collecting
the information, including the validity of the methodology and
assumptions used;
The quality, utility, and clarity of the information to be
collected; and
How to minimize the burden of collecting the information
on those who are to respond, including the use of appropriate automated
electronic, mechanical, or other forms of information technology.
The information requirements in the proposed regulations and the
estimated burden for complying with the requirements are as follows:
------------------------------------------------------------------------
Estimated
Type of information burden (in
hours)
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Pre-application visit to BLM.............................. 1
Application for new allotment, including plan of 0.5
development and certificate of eligibility...............
List of heirs and their relationship to allottee.......... 0.25
Application for trust patent.............................. 2
Application for extension of time to meet requirements.... 1
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BLM estimates that the following average annual number of
respondents for each of the actions given in the table: Five pre-
application visits; five applicants for new allotments filing
applications with BLM; three applicants giving a list of heirs; two
applicants filing for trust patents, and one applicant filing for an
extension of time in which to prove the allotment. Based on the burden
estimates given in the table, the total annual burden for complying
with the information is 13 hours.
If you would like a copy of the proposed information collection or
the proposed rule, please contact the BLM Information Collection
Officer listed in the FOR FURTHER INFORMATION CONTACT section of this
document.
Dated: June 25, 1999.
Michael Schwartz,
Manager, Regulatory Affairs Group.
[FR Doc. 99-18082 Filed 7-14-99; 8:45 am]
BILLING CODE 4310-84-M
