[Federal Register Volume 61, Number 201 (Wednesday, October 16, 1996)]
[Proposed Rules]
[Pages 53887-53893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26103]


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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

[[Page 53892]]

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

[[Page 53893]]

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