Osage Roll; Certificate of Competency

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 154

RIN 1076-AD41

Osage Roll; Certificate of Competency

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs is proposing to amend its

regulations on the Osage competency roll as required by the National

Performance Review regulatory reform effort.

DATES: Comments must be received on or before August 16, 1996.

ADDRESSES: Mail or hand carry your comments to Terrance L. Virden,

Acting Director, Office of Trust Responsibilities, Bureau of Indian

Affairs, Department of the Interior, 1849 C Street, NW, MS 4513 MIB,

Washington, DC 20240. Comments may be hand delivered from 9:00 a.m. to

4:00 p.m., Monday through Friday or sent by facsimile to Facsimile No.

(202) 219-1065.

FOR FURTHER INFORMATION CONTACT:

Alice Harwood, Acting Chief, Division of Real Estate Services, Office

of Trust Responsibilities, Bureau of Indian Affairs, Department of the

Interior, 1849 C Street, NW, MS 4513 MIB, Washington, DC 20240,

Telephone No. (202) 208-7737.

SUPPLEMENTARY INFORMATION: The proposed rule has been rewritten to

facilitate its use by the general public and the individual Indians

affected by the rule. Sections that no longer apply have been deleted

and sections added for clarification. No substantive revisions are

proposed in this rule.

The authority to issue rules and regulations is vested in the

Secretary of the Interior by 5 U.S.C. 301 and sections 463 and 465 of

the Revised Statutes, 25 U.S.C. 2 and 9, and delegated to the Assistant

Secretary-Indian Affairs by 209 DM 8.

Publication of the proposed rule by the Department of the Interior

(Department) provides the public an opportunity to participate in the

rulemaking process. Interested persons may submit written comments

regarding the proposed rule to the location identified in the addresses

section of this document

utes, 25 U.S.C. 2 and 9, and delegated to the Assistant

Secretary-Indian Affairs by 209 DM 8.

Publication of the proposed rule by the Department of the Interior

(Department) provides the public an opportunity to participate in the

rulemaking process. Interested persons may submit written comments

regarding the proposed rule to the location identified in the addresses

section of this document.

This rule is not a major rule under Executive Order 12866 and will

not require a review by the Office of Management and Budget.

The Department has determined that this rule:

Does not have significant federalism effects.

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.) because this rule applies only to Osage

Indian applicants.

Does not have significant takings implications under E.O.

12630.

Does not have significant effects on the economy, nor will

it result in increases in costs or prices for consumers, individual

industries, Federal, State, or local governments, agencies, or

geographical regions.

Does not have any adverse effects on competition,

employment, investment, productivity, innovation, or the export/import

market.

Is categorically excluded from the National Environmental

Policy Act of 1969 because it is of an administrative, technical, and

procedural nature. Therefore, neither an environmental assessment nor

an environmental impact statement is warranted.

Does not impose any unfunded mandates on any governmental

or private entity and is in compliance with the provisions of the

Unfunded Mandates Act of 1995.

Has been found to contain no information collection

requirements under the Paperwork Reduction Act of 1995. By memorandum

January 11, 1984, then Deputy Administrator for the Office of

Information and Regulatory Affairs, Office of Management and Budget

(OMB), determined that information collections related to Indian land

records and title documents did not require OMB clearance.

Act of 1995.

Has been found to contain no information collection

requirements under the Paperwork Reduction Act of 1995. By memorandum

January 11, 1984, then Deputy Administrator for the Office of

Information and Regulatory Affairs, Office of Management and Budget

(OMB), determined that information collections related to Indian land

records and title documents did not require OMB clearance.

Drafting Information

The primary author of this document is Pearl Kennedy, Realty

Specialist, Division of Real Estate Services, Bureau of Indian Affairs,

Department of the Interior, 1849 C Street, NW, MS 4522 MIB, Washington,

DC, 20240.

List of Subjects in 25 CFR Part 154

Indians, Indians--lands.

For the reasons given in the preamble, Part 154 of Title 25,

Chapter I of the Code of Federal Regulations is proposed to be revised

as set forth below.

PART 154--OSAGE ROLL, CERTIFICATE OF COMPETENCY

Sec.

154.1 What are the definitions of the terms used in this part?

154.2 Why do I need a certificate of competency?

154.3 How do I apply for a certificate of competency?

154.4 How do I qualify for a certificate of competency?

154.5 What is a competency eligibility roll?

154.6 How is age determined?

154.7 Who pays for the recording of certificates of competency?

154.8 When will I get delivery of my funds, if any?

Authority: 62 Stat. 18; 25 U.S.C. 331 note.

Sec. 154.1 What are the definitions of the terms used in this part?

apply for a certificate of competency?

154.4 How do I qualify for a certificate of competency?

154.5 What is a competency eligibility roll?

154.6 How is age determined?

154.7 Who pays for the recording of certificates of competency?

154.8 When will I get delivery of my funds, if any?

Authority: 62 Stat. 18; 25 U.S.C. 331 note.

Sec. 154.1 What are the definitions of the terms used in this part?

Certificate of competency is a certificate issued by the

Superintendent of the Osage Agency declaring a certain Osage Indian to

be competent to handle his or her allotted or inherited Osage Indian

lands or Osage headright interest(s).

Commissioner includes the Deputy Commissioner of Indian Affairs or

authorized representative acting under delegated authority.

Person means an unallotted member of the Osage Tribe of Oklahoma of

less than one-half Osage Indian blood who has not received a

certificate of competency.

Secretary means the Secretary of the Interior or authorized

representative acting under delegated authority.

Superintendent means the Superintendent of the Osage Agency, Bureau

of Indian Affairs, Department of the Interior.

Sec. 154.2 Why do I need a certificate of competency?

If you do not wish to be under the supervision of the Bureau of

Indian Affairs and feel that you are competent to handle your own

allotted or inherited Osage Indian lands or Osage headright interests,

you may apply for a certificate of competency which will remove the

restrictions from your land as well as make any income deriving from

your Osage headright interests fully taxable by both Federal and State.

In addition, a certificate of competency will make any Osage lands or

headright subject to creditors' claims.

Sec. 154.3 How do I apply for a certificate of competency?

You must complete and file with the agency superintendent a written

application in the form approved by the Secretary.

Sec. 154.4 How do I qualify for a certificate of competency?

sts fully taxable by both Federal and State.

In addition, a certificate of competency will make any Osage lands or

headright subject to creditors' claims.

Sec. 154.3 How do I apply for a certificate of competency?

You must complete and file with the agency superintendent a written

application in the form approved by the Secretary.

Sec. 154.4 How do I qualify for a certificate of competency?

You must be at least 21 years old and be determined by the Osage

Agency Superintendent to be competent to handle your own land and

financial affairs.

Sec. 154.5 What is a competency eligibility roll?

It is a listing, prepared for the Osage Agency Superintendent, of

persons 21 years or older who have not received a certificate of

competency. It contains the following information for each individual:

(a) Name;

(b) Last known address;

(c) Date of birth; and

(d) Total quantity of Osage Indian blood of each person listed.

Sec. 154.6 How is age determined?

The date of birth as shown on a standard or delayed birth

certificate or census records maintained by the Osage Indian Agency is

accepted as prima facie evidence in determining the age of a person.

Sec. 154.7 Who pays for the recording of certificates of competency?

The Superintendent may disburse IIM funds of the persons to whom a

certificate of competency is issued in order to provide for the direct

payment of costs of recording the certificate of competency into the

official land records of the Osage County Clerk.

Sec. 154.8 When will I get delivery of my funds, if any?

After a certificate of competency is issued and recorded, the

Superintendent will deliver to the individual or legal guardian named,

the original copy of the certificate and a check for all funds on

deposit in the IIM account of the individual at the Osage Indian

Agency. At the request of the Superintendent, you will be required to

sign a receipt.