Indian Allotments

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

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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

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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