Preparation of Rolls of Indians

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 61

RIN 1076-AD89

Preparation of Rolls of Indians

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs is amending its regulations

governing the compilation of rolls of Indians in order to reopen the

enrollment application process for the Sisseton and Wahpeton

Mississippi Sioux Tribe. The amendment reopens the enrollment period to

comply with a directive of the Eighth Circuit of Appeals.

DATES: Comments must be received on or before September 8, 1998.

ADDRESSES: Comments are to be mailed to Daisy West, Office of Tribal

Services, Bureau of Indian Affairs, 1849 C Street, NW, MS 4603-MIB,

Washington, DC 20240; or, hand delivered to Room 4603 at the same

address.

FOR FURTHER INFORMATION CONTACT: Daisy West, Bureau of Indian Affairs

(202) 208-2475.

SUPPLEMENTARY INFORMATION:

Background

The Bureau of Indian Affairs must reopen the enrollment application

process authorized under 25 U.S.C. 1300d-3(b) to give individuals

another opportunity to file applications to share in the Sisseton and

Wahpeton Mississippi Sioux judgment fund distribution. The Eighth

Circuit of Appeals decision in Loudner v. U.S., 108 (f). 3d 896 (8th

Cir. 1997), held that the Bureau of Indian Affairs did not give proper

notice of the application period, and that 5 months was not a

sufficient time period within which to file applications, in light of

the long delay in distribution of the fund. The proposed rule is

intended to reopen the enrollment period in order to allow sufficient

time for eligible persons to enroll.

Additional Notice and Public Meetings

The Bureau of Indian Affairs is taking several steps to ensure that

all potential applicants are informed of the reopening of the comment

period. We will notify all BIA Area Directors and Agency

Superintendents and require them to post notices in area offices,

agency offices, community centers on and near reservations, and in

Indian Health Clinics. We will also notify tribal newspapers and

newspapers of general circulation in major communities in Montana,

North Dakota, South Dakota, Nebraska, and Minnesota.

Additionally, we will hold community meetings on Indian

reservations identified from the 1909 roll, including: Cheyenne River,

Crow Creek, Upper Sioux, Sisseton-Wahpeton, Spirit Lake, Fort Peck,

Standing Rock, Lower Brule, Yankton, Rosebud, and Pine Ridge. At each

meeting we will:

(1) Inform potential beneficiaries of the reopening of the

enrollment process for this judgment fund;

(2) Inform potential beneficiaries of eligibility criteria; and

(3) Help applicants to prepare and file applications.

Previously Submitted Applications

We have on file applications submitted under Sec. 61.4(s) that we

denied because we received them after November 1, 1973. We will now

process these applications. If you previously filed an application that

we denied, you may wish to confirm that we have it and are processing

it. To do this, please call Daisy West at (202) 208-2475.

Application Deadline

We have not established an application deadline in this proposed

rule. In order to allow adequate time for

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submitting and processing applications, we will establish a deadline

using the following three steps.

Step 1. On day 180 after the final rule becomes effective, we will

count all applications that we have received.

Step 2. We will note the date on which we complete processing of 90

percent of the applications that we receive by the date in step 1.

Step 3. The application deadline will be 90 days after the date in

step 2.

For example, if we receive 10 applications by the date in step 1,

the final application deadline date will be 90 days after we process 9

applications. Similarly, if we receive 10,000 applications by the date

in step 1, the final application deadline date will be 90 days after we

process 9,000 applications.

After we establish the application deadline, we will notify the

same area directors, agency superintendents, and local newspapers that

we notify after publishing this rule. This notice will include

application/enrollment criteria.

Regulatory Planning and Review (E.O. 12866)

This document is not a significant rule and is not subject to

review by the Office of Management and Budget under Executive Order

12866.

(1) This rule will not have an effect of $100 million or more on

the economy. It will not adversely affect in a material way the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities.

(2) This rule will not create a serious inconsistency or otherwise

interfere with an action taken or planned by another agency.

(3) This rule does not alter the budgetary effects or entitlement,

grants, user fees, or loan programs or the rights or obligations of

their recipients.

(4) This rule does not raise novel legal or policy issues.

Regulatory Flexibility Act

The Department of the Interior certifies that this document will

not have a significant economic effect on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Because it makes technical changes that do not affect the substance of

the rules there is no economic effect at all, other than to improve the

utility of the rules for users.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

This rule is not a major rule under 5 U.S.C. 804(2), the Small

Business Regulatory Enforcement Fairness Act. This rule:

(1) Does not have an annual effect on the economy of $100 million

or more.

(2) Will not cause a major increase in costs or prices for

consumers, individual industries, Federal, State, or local government

agencies, or geographic regions.

(3) Does not have significant adverse effects on competition,

employment, investment, productivity, innovation, or the ability of

U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

This rule does not impose an unfunded mandate on State, local, or

tribal governments or the private sector of more than $100 million per

year. The rule does not have a significant or unique effect on State,

local or tribal governments or the private sector. A statement

containing the information required by the Unfunded Mandates Reform Act

(1 USC 1531, et seq.) is not required.

Takings (E.O. 12630)

In accordance with Executive Order 12630, the rule does not have

significant takings implications. A takings implication assessment is

not required.

Federalism (E.O. 12612)

In accordance with Executive Order 12630, the rule does not have

significant takings implications. A takings implication assessment is

not required.

Civil Justice Reform (E.O. 12988)

In accordance with Executive Order 12988, the Office of the

Solicitor has determined that this rule does not unduly burden the

judicial system and meets the requirements of sections 3(a) and 3(b)(2)

of the Order.

Paperwork Reduction Act

This rule requires collection of information from many enrollees.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)),

the Department has submitted a copy of the application to the Office of

Management and Budget (OMB) for its review.

1. Information Collection Request

We are seeking your comments on the following Information

Collection Request.

Type of review: New.

Title: Application to Share in the Mississippi Sioux Judgment Funds

as a Lineal Descendant of the Sisseton and Wahpeton Mississippi Sioux

Tribes Pursuant to the Act of October 25, 1972, 25 U.S.C. 1300d-3(b).

Effected Entities: Individual Indians.

Abstract: Subsection 1300d-3(b) requires the Secretary of the

Interior to prepare a roll of the lineal descendants of the Sisseton

and Wahpeton Mississippi Sioux Tribe, that were living on October 25,

1972, and are not enrolled with the Spirit Lake Tribe of North Dakota

(formerly Devils Lake Sioux Tribe), the Sisseton-Wahpeton Sioux of

South Dakota, or the Assiniboine and Sioux Tribe of the Fort Peck

Reservation. We previously published enrollment regulations in 25 CFR

61.4(s)(2) that established a 5-month period for accepting enrollment

applications. In 1994, 14 plaintiffs sued seeking to enjoin the per

capita distribution payment, and to require us to accept additional

applications for enrollment to share in the distribution of the

judgment funds. The Court found that publication notice and an

approximate 5-month notice period to apply as a lineal descendant

beneficiary under the 1972 Distribution Act was insufficient notice and

is therefore void. Loudner, et arm's-length contract v. U.S., 108 F. 3d

896 (8th Cir. 1997). As a result of the decision in this case, we are

reopening the enrollment application period. We will establish and

publicize the ending date of the enrollment period after we have

processed most of the applications.

Burden Statement: The estimated hour burden of the collection of

information is 5,000 hours. We expect the enrollment application period

to last 2 to 3 years, with 5,000 applications filed the first year and

5,000 additional applications filed during the following 2 years. The

applicants are required to file only once during the estimated 3-year

enrollment application process.

We will not conduct or require individuals to respond to a

collection of information until we obtain a valid Office of Management

and Budget control number. We will print the approval number on the

form.

2. Request for Comments

We need your comments to:

(a) Evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility.

(b) Evaluate the accuracy of our estimated burden for the proposed

collection of information, including the methodology and assumptions we

used.

(c) Enhance the quality, utility, and clarity of the information

that we want to collect.

(d) Minimize the burden of the collection of information on those

who are to respond. This includes possibly using automated or

electronic collection techniques or information technology.

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OMB must approve or disapprove this collection of information

between 30 and 60 days after this document appears in the Federal

Register. Therefore, a comment to OMB is best assured of having its

full effect if OMB receives it within 30 days of publication. This does

not affect the deadline for sending comments to us on the proposed

regulations.

National Environmental Policy Act

This rule does not constitute a major Federal action significantly

affecting the quality of the human environment. A detailed statement

under the National Environmental Policy Act of 1969 is not required.

List of Subjects in 25 CFR Part 61

Indians, Indians--claims.

For the reasons set out in the preamble, Part 61 of Chapter 1 of

Title 25 of the Code of Federal Regulations is proposed to be amended

as set forth below.

PART 61--PREPARATION OF ROLLS OF INDIANS

1. The authority citation for 25 CFR Part 61 is revised to read as

follows:

Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9, 1300d-3(b), 1401 et

seq.

2. In Sec. 61.4, paragraph (s) is revised to read as follows:

Sec. 61.4 Qualifications for enrollment and the deadline for filing

application forms.

* * * * *

(s) Sisseton and Wahpeton Mississippi Sioux Tribe. (1) Persons

meeting the criteria in this paragraph are entitled to enroll under 25

U.S.C. 1300d-3(b) to share in the distribution of certain funds derived

from a judgment awarded to the Mississippi Sioux Indians. To be

eligible a person must:

(i) Be a lineal descendent of the Sisseton and Wahpeton Mississippi

Sioux Tribe;

(ii) Be born on or before October 25, 1972;

(iii) Be living on October 25, 1972;

(iv) Appear in records and rolls acceptable to the Secretary or

have a lineal ancestor whose name appears in these records; and

(v) Not be a member of any of the following tribes:

(A) The Spirit Lake Tribe (formerly known as the Devils Lake Sioux

Tribe of South Dakota);

(B) The Sisseton and Wahpeton Sioux Tribe of South Dakota; or

(C) The Assiniboine and Sioux Tribes of the Fort Peck Reservation.

(2) The initial enrollment application period that closed on

November 1, 1973, is reopened as of the date on which this rule is

published in final. The application period will remain open until

further notice.

* * * * *

Dated: April 23, 1998.

Kevin Gover,

Assistant Secretary for Indian Affairs.

[FR Doc. 98-17984 Filed 7-7-98; 8:45 am]

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