96-13727. Applicability of the Rules of the Bureau of Indian Affairs

[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Proposed Rules]
[Pages 27821-27822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13727]



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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 1

RIN 1076-AD64


Applicability of the Rules of the Bureau of Indian Affairs

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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Summary: The Bureau of Indian Affairs (BIA) is proposing to amend the 
applicability of rules to make them more readable and comprehensive by 
rewriting them in plain English.

Dates: Comments must be received on or before August 2, 1996.

Addresses: Mail or hand carry comments to James McDivitt, Acting 
Director, Office of Management and Administration, Bureau of Indian 
Affairs, Department of the Interior, 1849 C St. NW, Mail Stop 4657-MIB, 
Washington, DC 20240.

For Further Information Contact: Dave Etheridge, Office of Secretary at 
telephone [phone].

SUPPLEMENTARY INFORMATION: We are publishing this proposed rule by the 
authority delegated by the Secretary of the Interior to the Assistant 
Secretary--Indian Affairs by 209 DM 8.

Public Participation Statement

    Our policy is to give the public an opportunity to participate in 
the rulemaking process by submitting written comments regarding the 
proposed rules. We will consider all comments received during the 
public comment period. We will determine necessary revisions and issue 
the final rule. Please refer to this preamble's ADDRESSES section for 
where you must submit your written comments on this proposed rule.

Executive Order 12778

    The Department has certified to the Office of Management and Budget 
(OMB) that these proposed regulations meet the applicable standards 
provided in sections 2(a) and 2(b)(2) of Executive Order 12778.

Executive Order 12866

    This proposed rule is not a significant regulatory action under 
Executive Order 12866 and has not been reviewed by the Office of 
Management and Budget.

Regulatory Flexibility Act

    This proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). This proposed rule will determine the 
funding levels to be awarded to tribes for the purposes of creating new 
or enhancing and improving existing tribal court systems. In the event 
a tribe elects to receive funding, there are likely to be improvements 
in the exercise of civil jurisdiction by tribes. This improvement may 
increase the rate of civil collections by private economic enterprises 
operating on or near Indian reservations. In addition, there may be an 
increase in the number of civil claims made against private economic 
enterprises.

Executive Order 12630

    The Department has determined that this proposed rule does not have 
significant ``takings'' implications. The proposed rule does not 
pertain to ``taking'' of private property interests, nor does it impact 
private property.

Executive Order 12612

    The Department has determined that this proposed rule does not have 
significant federalism effects because it pertains solely to Federal-
tribal relations and will not interfere with the roles, rights and 
responsibilities of states.

NEPA Statement

    The Department has determined that this proposed rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment and that no detailed statement is required 
pursuant to the National Environmental Policy Act.

Unfunded Mandates

    This rule imposes no unfunded mandates on any governmental or 
private entity and is in compliance with the provisions of the Unfunded 
Mandates Act of 1995.

Paperwork Reduction Act of 1995

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), the Department of the Interior has submitted a copy of these 
sections to the Office of Management and Budget (OMB) for its review.

Drafting Information

    The primary author of this document was Kimberly Toyekoyah, Bureau 
of Indian Affairs, Department of the Interior.

List of Subjects in 25 CFR Part 1

    Indians--land.

    For the reasons given in the preamble, Part 1 of Title 25, Chapter 
I of the Code of Federal Regulations is proposed to be revised as set 
forth below.

PART 1--APPLICABILITY OF RULES OF THE BUREAU OF INDIAN AFFAIRS

Sec.
1.1  Waiver of regulations.
1.2  State and local regulation of the use of Indian property.

    Authority: 5 U.S.C. 301; RS 463 25 U.S.C. 2.


Sec. 1.1  Waiver of regulations.

    The Secretary of the Interior may waive or make exception to any 
provision in Chapter I of Title 25 of the Code of Federal Regulations 
if the Secretary finds that it:
    (a) Is in the best interest of the Indians; and
    (b) Would not violate any federal statute or the United States 
Constitution.


Sec. 1.2  State and local regulation of the use of Indian property.

    (a) Except as provided in paragraph (b) of this section or in a 
federal statute, no restriction based on the law of any state or any 
subdivision of a state applies to the use of any property (including 
water rights) that is either:
    (1) Held by the United States in trust for an Indian or Indian 
tribe; or
    (2) Owned by an Indian or Indian tribe subject to a restriction 
against alienation imposed by the United States.
    (b) When the Secretary of the Interior finds that it is in the best 
interest of the Indian owner in achieving the highest and best use of 
the property, the Secretary may make a restriction based on the law of 
a state or a subdivision of a state applicable to specific property 
that is:
    (1) Held by the United States in trust for an Indian or Indian 
tribe;
    (2) Owned by an Indian or Indian tribe subject to a restriction 
against alienation imposed by the United States.


[[Page 27822]]


    Dated: May 24, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-13727 Filed 5-31-96; 8:45 am]
BILLING CODE 4310-02-P