[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Proposed Rules]
[Pages 36866-36868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17984]


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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

[[Page 36867]]

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.

[[Page 36868]]

    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]
BILLING CODE 4310-02-P