Indian Allotments

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 WoC[email protected].

FOR FURTHER INFORMATION CONTACT:

Jeff Holdren, Lands and Realty Group, (202) 452-7779, e-mail:

[email protected], for information about BLM's Indian allotment

program. Carole Smith, Regulatory Affairs Group, (202) 452-0367, e-

mail: [email protected], 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:

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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