[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Proposed Rules]
[Pages 38172-38173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18082]


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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:

------------------------------------------------------------------------
                                                              Estimated
                    Type of information                      burden (in
                                                               hours)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

    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