[Federal Register Volume 65, Number 26 (Tuesday, February 8, 2000)]
[Proposed Rules]
[Pages 6260-6270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2642]



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Part II





Department of the Interior





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Bureau of Land Management



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43 CFR Part 2560



Alaska Native Veterans Allotments; Proposed Rule

  Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2560

[WO-350-1410-00-24 1A]
RIN 1004-AD34


Alaska Native Veterans Allotments

AGENCY:  Bureau of Land Management, Interior.

ACTION:  Proposed rule.

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SUMMARY:  The Bureau of Land Management (BLM) proposes to amend its 
regulations to allow certain Alaska Native veterans another opportunity 
to apply for a Native allotment under the repealed Native Allotment Act 
of 1906. Congress passed the Alaska Native Veterans Law in 1998 which 
mandates regulations to implement it. This action would enable certain 
Alaska Native veterans who, because of their military service, were not 
able to apply for an allotment during the early 1970s, to do so now.

DATES: Comments: Send your comments to reach BLM by April 10, 2000. BLM 
will not necessarily consider any comments received after the above 
date during its decision on the proposed rule.

ADDRESSES: Comments: You may mail comments to Bureau of Land 
Management, Administrative Record, Room 401 LS, 1849 C Street, NW., 
Washington, DC 20240. You may also hand-deliver comments to BLM at Room 
401, 1620 L Street, NW., Washington, DC. For information about filing 
comments electronically, see the SUPPLEMENTARY INFORMATION section 
under ``Electronic access and filing address.''

FOR FURTHER INFORMATION CONTACT: Connie Van Horn, Division of 
Conveyance Management, Bureau of Land Management, 222 West Seventh 
Avenue, #13, Anchorage, Alaska 99513-7599; telephone (907) 271-3767; or 
Frank Bruno, Bureau of Land Management, Regulatory Affairs Group (WO-
630), Mail Stop 401, 1620 L Street, NW., Washington, DC 20036; 
telephone (202) 452-0352. To reach Ms. Van Horn or Mr. Bruno, 
individuals who use a telecommunications device for the deaf (TDD) may 
call the Federal Information Relay Service at 1-800-877-8339 24 hours a 
day, seven days a week.

SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters

I. Public Comment Procedures

Electronic Access and Filing Address

    You may view an electronic version of this proposed rule at BLM's 
Internet home page: www.blm.gov. You may also comment via the Internet 
to: [email protected]. Please also include ``Attention: `1004-AD34' and 
your name and return address in your Internet message.'' If you do not 
receive a confirmation from the system that we have received your 
Internet message, contact us directly at (202) 452-5030.

Written Comments

    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 
commenter 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).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at this 
address during regular business hours (7:45 a.m. to 4:15 p.m.), Monday 
through Friday, except Federal holidays. Individual respondents may 
request confidentiality. If you wish to request that BLM consider 
withholding your name, street address, and other contact information 
(such as: Internet address, FAX or phone number) from public review or 
from disclosure under the Freedom of Information Act, you must state 
this prominently at the beginning of your comment. BLM will honor 
requests for confidentiality on a case-by-case basis to the extent 
allowed by law. BLM will make available for public inspection in their 
entirety all submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses.

II. Background

    The Alaska Native Claims Settlement Act of December 18, 1971 
(ANCSA; 43 U.S.C. 1601 et seq.) repealed the Native Allotment Act of 
1906 (34 Stat. 197, as amended, 42 Stat. 415 and 70 Stat. 954, 43 
U.S.C. 270-1 through 270-3 (1970) on December 18, 1971. During the time 
just before the 1906 Act was repealed, certain Alaska Natives who were 
eligible to apply for allotments were serving in the U.S. military and 
may have missed their opportunity to apply because of their military 
service.
    Section 432 of Public Law 105-276 (43 U.S.C. 1629g) of October 21, 
1998, allows certain Alaska Native veterans a new opportunity to apply 
for allotments under the1906 Act as it was in effect before its repeal. 
Public Law 105-276 amended ANCSA by adding section 41, requiring the 
Department of the Interior to create regulations within 18 months to 
carry it out.

III. Discussion of Proposed Rule

A. How To Read This Rulemaking

What Is the Best Way To Read This Rulemaking To Understand What BLM Is 
Proposing and Why?
    The part you are reading now is called the preamble. It discusses 
why BLM is proposing the regulatory text and expands on elements of it.
    The ``regulatory text'' is the part that follows the authorization 
of the rulemaking by the Assistant Secretary of the Interior, and 
begins with ``Part 2568--Alaska Native Allotments for Certain 
Veterans.''
    This regulatory text is what would become the regulation in the 
Code of Federal Regulations to implement the Alaska Native Veterans 
program should this proposed rulemaking become final. It is what BLM is 
proposing.

B. The Laws Which Authorize This Rulemaking

What Authorizes BLM To Grant an Allotment To Certain Veterans?
    Section 432 of Public Law 105-276 (43 U.S.C. 1629g) of October 21, 
1998 (hereafter referred to as the Alaska Native Veterans law) and 
ANCSA authorize this proposed rulemaking.
Why Was the 1998 Law Enacted?
    Alaska Native Allotments were originally authorized by the Native 
Allotment Act of 1906, which was repealed by Section 18 of ANCSA on 
December 18, 1971. In the years before the repeal, several Native 
advocacy groups had anticipated that the law would be repealed. Between 
1969 and 1971, they contacted eligible Alaska Natives who had not 
applied for allotments to help them with their applications. However, 
Alaska Natives who were in the military just before the repeal could 
not be readily reached. The 1998 law allows certain Alaska Native 
veterans another opportunity to file allotment applications.

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C. Regulations Which Affect This Rulemaking

Would Existing Regulations Also Apply To Those Filing Under These 
Proposed Regulations?
    Yes. Existing regulations implement the 1906 Native Allotment Act 
(43 CFR part 2561), shorespace limitations and waivers (43 CFR part 
2094), and the Department of the Interior's hearings and appeals 
procedures (43 CFR part 4).
How Do These Existing Regulations Relate to the Proposed Regulations?
    Persons applying under these proposed regulations must also comply 
with the existing regulations. In the event that the regulations are 
inconsistent, these rules must be followed.

D. Interested Parties

Is BLM Required To Consult With Anyone on These Regulations?
    Yes. Section 41(e) of ANCSA requires BLM to consult with Alaska 
Native groups before enacting regulations which affect them.
Which Interested Parties Were Involved in This Rulemaking?
    The Bureau of Land Management, Bureau of Indian Affairs, National 
Park Service, Fish and Wildlife Service, and the Office of the Special 
Assistant to the Secretary for Alaska met several times with:
     The Land Committee of the Alaska Federation of Natives 
(AFN).
     Various ANCSA corporations.
     Native groups providing Bureau of Indian Affairs realty 
services under Indian Self Determination and Education Assistance Act 
(ISDEA; Pub. L. 93-638) contracts.
     Other Native individuals.
How Were They Involved?
    Before BLM wrote this proposed regulation it asked them to comment 
on the Alaska Native Veterans Law, and on how it should be implemented:
     Interior Department representatives met twice with members 
of the AFN Land Committee to discuss the statute and its 
implementation.
     During the annual ISDEA Tribal Service Providers 
Conference in Anchorage in December, 1998, BIA, BLM, and the Special 
Assistant's Office held two meetings to field questions and to record 
suggestions from realty service providers and others.
     Also in December 1998, BLM and BIA addressed the 
shareholders of Bristol Bay Native Corporation to explain the Alaska 
Native Veterans law, and the process of developing regulations.
     A February 5, 1999, letter from the BIA Area Director to 
Native leaders was distributed to hundreds of tribal and corporate 
Native groups in Alaska. In the letter BIA asked for comments on the 
existing Native allotment regulations and the Alaska Native Veterans 
law. Several realty contractors and ANCSA corporations submitted 
detailed written comments and suggestions. The Interior agencies 
studied these and considered them in the drafting of these proposed 
regulations.
     In early May 1999 BLM sent copies of the draft regulations 
to about 450 Native individuals and groups, and invited them to attend 
meetings in Anchorage on May 19 and Fairbanks on May 21, to review the 
draft in detail with Interior Department representatives and to discuss 
and record comments and suggested changes. BLM published notices of 
these two meetings in the Anchorage Daily News and the Fairbanks Daily 
News Miner. BLM also encouraged the Native entities to submit written 
comments. After the meetings, BLM thoroughly reviewed written comments, 
oral comments they had recorded, and the draft regulations to see how 
many suggested changes BLM could adopt. BLM did not adopt changes that 
were contrary to law or would have created different allotment 
requirements for Alaska Native veterans than those that the original 
allottees had to meet under the 1906 Act.

E. Qualifications for an Alaska Native Veteran Allotment

How Did BLM Choose the Definitions of ``Alaska Native'' and ``Veteran'' 
in These Regulations?
    The definition of ``Alaska Native'' is the same as the one 
currently used for the Native Allotment Act of 1906. BLM chose this 
definition because Native veterans must meet the same Native status 
requirements as persons who applied under the Native Allotment Act of 
1906 while it was in effect.
    Congress said in the Alaska Native Veterans law that the term 
``veteran'' would have the same meaning as it has in 38 U.S.C. 101, 
paragraph 2, which is the Department of Veterans Affairs' legal 
definition.

F. Applying for an Allotment

Who Is Eligible for an Allotment?
    You may be eligible for an allotment if:
    (1) You would have been eligible for an allotment under the Native 
Allotment Act as it was in effect before December 18, 1971;
    (2) You are a veteran who served at least six months between 
January 1, 1969, and June 2, 1971, or enlisted or was drafted after 
June 2, 1971, but before December 3, 1971.
    You are not eligible for an allotment if you already received an 
allotment under the Native Allotment Act (unless you received an 
allotment interest by inheritance, devise, gift, or purchase) or if you 
had a pending allotment application on October 21, 1998.
May a Personal Representative Apply on Behalf of an Eligible Deceased 
Veteran?
    Yes, a personal representative who acts for the benefit of the 
deceased veteran's heirs may apply on behalf of an eligible deceased 
veteran. The personal representative must prove either (1) that he or 
she has been appointed by the proper court or (2) that the appointment 
process has begun. A personal representative may apply only on behalf 
of an individual who, between January 1, 1969, and December 31, 1971: 
(1) Was killed in action; (2) was wounded in action and was later 
determined by the Department of Veterans Affairs to have died as a 
direct consequence of that wound; or (3) died while a prisoner of war.
Under What Circumstances Will BLM Accept or Reject the Appointment of a 
Personal Representative?
    BLM will accept an appointment of a personal representative made 
any time after an eligible person dies, even if that appointment was 
made before the Alaska Native Veterans law was enacted.
    BLM will reject an appointment of a personal representative if the 
appointment process is incomplete when the allotment application is 
filed and the prospective personal representative does not file proof 
of the appointment within 18 months after the application filing 
deadline.
When Must I Apply for an Allotment?
    You must apply no later than 18 months after this rule becomes 
effective.
What Information Must I Include in My Application?
    You must include the following information in your application: 
Name, address, date of birth, telephone number, dates of military 
service, branch of service, legal description of land for which you are 
applying, dates of occupancy of land, description and value of 
improvements on land, and an explanation of your specific uses of land. 
You must also file a Certificate of

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Indian Blood, which is a Bureau of Indian Affairs form, and 
verification of your qualifying military service obtained from the 
Department of Defense.
Do I Have To Pay Any Fees To File My Application?
    Under the proposed regulations, no.
    Since the Alaska Native Veterans Law gives eligible veterans a 
chance to file applications under the 1906 Act as it was in effect 
before it was repealed, a Native veteran would have to meet the same 
filing requirements that existed before December 18, 1971. At no time 
were there ever any fees required for applications under the 1906 Act. 
Therefore, we made the initial decision that no fees will be charged.
    However, we would like those who comment on this rulemaking to give 
us their views on the following:
    (a) Should we charge a fee for filing an application?
    (b) If so, should this fee be refundable if you do not receive an 
allotment?
What Else Must I Do When I File My Application?
    The proposed rulemaking states you must:
    (1) Post the land in your application by marking all corners on the 
ground with your name and address, but only after these regulations are 
put into effect;
    (2) give an adequate legal description of the parcel of land; and
    (3) provide a map at a scale of 1:63,360 or larger.
    However, we would like those who comment on this rulemaking to give 
us their views on the following: Should we consider an alternative to 
physical posting of corners on the ground which provides certainty of 
the location of the allotment application and provides notice to 
subsequent claimants?
Is This Application Information Different From What Previous Applicants 
Had To File?
    The application for Alaska Native Veterans allotments is different 
from the application for an allotment under the 1906 Act in that you 
must provide information about your military service. You must do this 
because your eligibility for a veteran allotment is based partly on 
your military service and BLM needs to know this information to 
determine that you qualify.
Why Would I Need To File Proof of Military Service and the BIA 
``Certificate of Indian Blood'' Form?
    BLM would need to verify that you have enough military service 
during the proper time frame to be eligible for an allotment under the 
Alaska Native Veterans law.
    Since the Alaska Native Veterans law also requires you to have been 
eligible for an allotment under the Native Allotment Act of 1906, you 
would need to show proof that BIA has determined you are an Alaska 
Native under the 1906 Act and the regulations (43 CFR 2561.0-3) 
associated with the 1906 Act.
May I File Additional Information To Prove My Use and Occupancy?
    You may file supporting evidence such as photographs and statements 
from knowledgeable witnesses describing when and how you used the 
allotment for which you are applying. You may also accompany the BLM 
field examiner to the land and show physical evidence of your use.
Why Would I Have To Prove Use and Occupancy That Began More Than Thirty 
Years Ago? Why Can't I Simply Apply for Available Land?
    To be eligible for this new opportunity, a veteran must prove use 
and occupancy as if he or she had applied for an allotment before the 
Native Allotment Act was repealed in 1971. The Alaska Native Veterans 
law allows veterans who missed, due to their military service, their 
opportunity to apply for an allotment by 1971 to apply now for an 
allotment under the Native Allotment Act of 1906.
If BLM Finds Errors in My Application Will BLM Give Me a Chance To 
Correct the Application?
    Yes. BLM will give you at least 60 days to correct errors. If you 
fail to do so within the time we give, BLM will reject your 
application.

G. The Type of Land Available for an Allotment

If I Am Eligible, What Land May BLM Convey to Me?
    The BLM may only convey land that is currently owned by the federal 
government, is not a regularly used and recognized campsite, is not 
valuable for minerals, and does not have a special status. The special 
status may include land:
    (a) Selected but not conveyed to either the State of Alaska or a 
Village or Regional Corporation,
    (b) Withdrawn for any reason,
    (c) Selected or claimed, but not conveyed, under a public land law.
How Much Land May I Apply For?
    You may apply for one or two parcels which may not total more than 
160 acres. In the case of water frontage you may apply for a half mile 
(160 rods) but if you apply for more than a half-mile BLM will treat 
your application as a request to waive this limitation.
What Happens if the Land for which I Qualified is no Longer Owned by 
the Government?
    The Alaska Native Veterans law allows eligible veterans only to 
receive allotments of land that are currently owned by the Federal 
government. BLM has no authority to convey land to you that is not now 
owned by the Federal government, even if it was Federal land when you 
first began to use and occupy it. If you apply for this type of land 
BLM must reject your application.
May I Choose an Alternative Allotment If My Original Allotment Choice 
Is Unavailable?
    You may be able to choose an alternative allotment if your original 
choice was for certain types of Federal land that BLM cannot convey to 
you. Section 2568.110 lists the types of land for which you may apply. 
The land must be within the same ANCSA region as the land in your 
original application.
    Only applicants whose original choice is for land in a National 
Park unit, and who meet the use and occupancy requirements for that 
land, can qualify to receive an allotment of National Park land. You 
cannot choose an alternative allotment on National Park land if your 
original choice of land cannot be conveyed to you.
    You cannot choose an alternative allotment if your original choice 
was for land that is not currently owned by the Federal government.
If I Have To Apply for an Alternative Allotment, When Do I Have To 
Apply?
    BLM must receive your request within 12 months of when you received 
notification that you are eligible for an alternative allotment or 
within the original 18-month deadline if that is longer.
Can BLM Convey to Me Both the Land and the Rights to Valuable Minerals?
    No. The Native Allotment Act of 1906 authorized allotment of only 
nonmineral land. A 1956 amendment to the Act allowed allotment of land 
known to be valuable for coal, oil, or gas. However, ownership of those 
minerals, along with the right to extract them, remains with the 
Federal government when BLM conveys the land.
    BLM cannot convey a Native allotment on land known to be valuable 
for minerals like gold or silver or other hardrock minerals. If you 
apply for an

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allotment of land known to be valuable for such minerals BLM must 
reject your application.
What If the land Is Valuable for Sand and Gravel?
    Alaska Native veterans cannot receive allotments of land known to 
be valuable for sand or gravel. The Alaska Native Veterans law says 
that the eligibility for allotments is under the 1906 Act as it was in 
effect before December 18, 1971. Since the law at that time considered 
land valuable for sand or gravel to be mineral and not available for 
allotment, BLM cannot convey such land to Alaska Native veterans.
    Some Alaska Natives who applied under the 1906 Act for land known 
to be valuable for sand or gravel have received their allotments. This 
is because Section 905(a)(3) of the Alaska National Interest Lands 
Conservation Act of 1980 (ANILCA) states that land valuable for sand or 
gravel is ``nonmineral'' under the 1906 Act. Since the authority under 
the Alaska Native Veterans Law is the 1906 Act as it was in effect in 
1971, this 1980 amendment cannot be applied to Alaska veteran 
allotments.
What Is a Conservation System Unit (CSU)?
    A CSU is an Alaska unit of the National Park System, National 
Wildlife Refuge System, National Wild and Scenic Rivers System, 
National Trails System, National Wilderness Preservation System, or a 
National Forest Monument.
Can I Receive Title to an Allotment in Any One of the CSU's?
    No. It may be possible for you to receive title to an allotment in 
certain CSU's, but you cannot receive title to an allotment of any land 
designated as wilderness by statute or of any land in a National Forest 
Monument CSU because the Alaska Native Veterans law specifically 
prohibits conveyance of such land.
In Those CSU Units Where I Am Permitted To Receive an Allotment, Are 
There Any Special Limitations or Procedures?
    Congress provided that the CSU manager may find that conveyance of 
the land in your allotment application would be inconsistent with the 
purposes for which the CSU was established. However, you would still be 
able to receive an alternative allotment from other lands in or outside 
the CSU, other than in a National Park.
    You must show that you used and occupied your original allotment 
choice to be able to choose an alternative allotment. You would not 
have to show use and occupancy of your alternative allotment.
    The Alaska Native Veterans law emerged after long discussions 
between Congressional staff and Department of the Interior officials. 
Congress could have decided not to allow any veterans' allotments 
within CSU's. However, to balance the rights of Native veterans and the 
desire to protect the unique values of the CSU's, Congress and the 
Department agreed to this compromise which allows allotments within 
certain CSU's if the allotment is consistent with the purpose of the 
CSU.
How Will a CSU Manager Determine If Conveyance of My Allotment Would Be 
Consistent With CSU Purposes?
    Each CSU was created by a law or withdrawal order which explains 
the reasons the CSU was created. The manager of the CSU will make each 
determination on a case-by-case basis, taking into account such factors 
as:
    (a) The law or withdrawal order which created the CSU,
    (b) The mission of the agency that manages the CSU,
    (c) The proximity of the allotment to land that has already been 
conveyed to a Native corporation,
    (d) Issues relating to access to and from the allotment, and
    (e) The possible cumulative effects on the CSU of all the 
activities that would take place on the allotment.
Is It Possible That I Might Not Receive Any Land at All, Even If I 
Qualify To Apply for an Allotment?
    Yes, it is possible that you might not receive an allotment even if 
you are a qualified Alaska Native Veteran. For example, if you apply 
for land that is not currently owned by the Federal government, BLM 
would have to reject your application and you would not be able to 
choose an alternative allotment. BLM would also reject your application 
if you apply for land known to be valuable for certain minerals and you 
would not be able to choose land elsewhere. If you fail to correct 
errors or fail to complete an application in a timely manner, your 
application may be rejected.

H. Appeals

What can I do if I disagree with any of the decisions?
    You may appeal all decisions, except for the CSU compatibility 
decisions or determinations made by the Department of Veterans Affairs, 
to the Interior Board of Land Appeals. There is an appeal process for 
CSU compatibility decisions that is described in Secs. 2568.121 through 
2568.123. Determinations made by the Department of Veterans Affairs 
have to be appealed through that department's process.
Why Is The Appeal Process for CSU Decisions Different From the Appeal 
Process for Other Types of Allotment Decisions?
    Most allotment decisions issued by BLM that are appealed to the 
Interior Board of Land Appeals (IBLA) involve questions of law or 
evaluation of facts and evidence to determine eligibility. However, the 
question of whether an allotment is incompatible within a given CSU 
requires the technical knowledge of that CSU's managers. The three 
Department of the Interior agencies (Bureau of Land Management, 
National Park Service, Fish and Wildlife Service) responsible for CSU's 
already have resource decision appeal processes similar to the one 
contained in this proposed regulation. The Department believes this 
proposed CSU appeal process would be the most efficient.
    The time frames in these proposed regulations would ensure that 
disagreements are resolved as quickly as possible so that conveyance of 
allotments would not be excessively delayed.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed regulations are not a significant regulatory action 
and are not subject to review by the Office of Management and Budget 
under Executive Order 12866. These proposed regulations will not have 
an effect of $100 million or more on the economy. They 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. These proposed regulations 
will not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. These proposed regulations 
do not alter the budgetary effects of entitlements, grants, user fees, 
or loan programs or the rights or obligations of their recipients; nor 
do they raise novel legal or policy issues. The effect of these 
proposed regulations will be on a limited number of individuals who are 
qualified to apply for allotments and on the Interior Department 
agencies responsible for administering the allotment program. The 
allotment application period is limited by law to 18 months, and

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existing staff of responsible agencies will process applications 
following most of the same rules that are currently in effect for 
allotment applications under the 1906 Native Allotment Act.

Clarity of the Regulations

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these proposed regulations easier to understand, including 
answers to questions such as the following: (1) Are the requirements in 
the proposed regulations clearly stated? (2) Do the proposed 
regulations contain technical language or jargon that interferes with 
their clarity? (3) Does the format of the proposed regulations 
(grouping and order of sections, use of headings, paragraphing etc.) 
aid or reduce their clarity? (4) Would the regulations be easier to 
understand if they were divided into more (but shorter) sections? (A 
``section'' appears in bold type and is preceded by the symbol 
``Sec. '' and a numbered heading, for example Sec. 2568.61 Where do I 
file my application?) (5) Is the description of the proposed 
regulations in the SUPPLEMENTARY INFORMATION section of this preamble 
helpful in understanding the proposed regulations? How could this 
description be more helpful in making the proposed regulations easier 
to understand?
    Please send any comments you have on the clarity of the regulations 
to the address specified in the ADDRESSES section.

National Environmental Policy Act

    Section 910 of the Alaska National Interest Lands Conservation Act 
(ANILCA) of December 2, 1980, 43 U.S.C. 1638, made conveyances, 
regulations, and other actions which lead to the issuance of 
conveyances to Natives under ANCSA exempt from NEPA compliance 
requirements. Since Congress made the Veterans's Allotment Act a part 
of ANCSA, NEPA does not apply.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, 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. This proposed rule would apply 
only to certain Alaska Native veterans eligible to apply for 
allotments. This rule applies only to Alaska Native veterans as 
individuals. Therefore, the Department of the Interior certifies that 
this document will not have any significant impacts on small entities 
under the Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These proposed regulations are not a ``major rule'' as defined at 5 
U.S.C. 804(2). This proposed rule does not meet any of the criteria for 
a ``major rule'' under the definition contained in SBREFA. The proposed 
rule would result in some costs to allotment applicants, and to the 
Department of the Interior to implement the allotment program over the 
next several years. It would not result in major cost or price 
increases for consumers, industries, or regions, and the cost increases 
for government agencies would be small. This proposed rule would have 
no significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of U.S.-based enterprises to 
compete with foreign-based enterprises. The total annual effect on the 
economy would be far below $100 million. Based on Department of 
Veterans Affairs data, BLM estimates that about 1,100 individuals with 
at least one quarter Alaska Native blood meet the military service 
criteria in the Alaska Native Veterans law and may be eligible to apply 
for allotments. If each applicant were to choose the maximum number of 
land parcels allowed (2), the total number of parcels involved would be 
2,200. BLM estimates the cost of processing an application for a single 
allotment parcel does not exceed $25,000, including the cost of 
adjudication, examination, survey, and conveyance. This estimate is 
based on the average cost of processing allotment applications 
originally filed under the Alaska Native Allotment Act of 1906. The 
total cost to process 2,200 parcels would be $55 million over the life 
of the program, which is, the statutory 18-month application period and 
as many additional years as necessary to complete all applications. In 
no case would these costs approximate the $100 million annual impact 
threshold.

Unfunded Mandates Reform Act

    These proposed regulations do not impose an unfunded mandate on 
State, local, or tribal governments or the private sector of more than 
$100 million per year; nor do these proposed regulations have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. The only mandate imposed on State governments would 
be for the State court appointment of personal representatives in cases 
involving the estates of certain deceased applicants, but this mandate 
would cost far below $100 million per year. These proposed regulations 
impose no mandate on local or tribal governments or the private sector. 
Program costs would fall primarily on the Department of the Interior. 
Therefore, BLM is not required to prepare a statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.).

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    The proposed rule does not represent a government action capable of 
interfering with constitutionally protected property rights. The 
proposed rule would allow BLM to convey Federal land only under certain 
circumstances, and land containing other applications or entries is 
specifically forbidden by law from being conveyed to Native veterans. 
Even if a Native veteran could show use and occupancy of land before 
another application or entry was made, the Native would have no vested 
property right until he or she filed an application for an allotment 
under Section 41 of ANCSA. No existing applications or entries or other 
private property interests would be affected by this proposed rule. 
Therefore, the Department of the Interior has determined that the rule 
would not cause a taking of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132, Federalism

    The proposed rule will 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. Section 41 of ANCSA does not allow any 
land selected by the State of Alaska to be conveyed to a Native 
veteran, so there would be no effect on the State's ability to reach 
its full acreage entitlement from the Federal government. Native 
veterans would not be able to apply for land already owned by the 
State, even if they could show that they used and occupied the land 
before the State applied for it. Allotments conveyed under Section 41 
of ANCSA are not taxable, just as allotments conveyed under the 1906 
Act are not taxable, so there would be no

[[Page 6265]]

effect on State or local property tax revenue. Therefore, in accordance 
with Executive Order 13132, BLM has determined that this proposed rule 
does not have sufficient Federalism implications to warrant preparation 
of a Federalism Assessment. Representatives of the State of Alaska and 
the BLM Alaska have had general discussions on the content of the 
statute and the proposed regulations. Representatives of the State of 
Alaska and of the Natives recognize that lands selected by the State or 
conveyed to the State are prohibited from land availability under this 
statute.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that this proposed rule would not unduly burden the judicial 
system and that it meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This proposed rule contains information collection requirements 
covered under the provisions of the Paperwork Reduction Act of 1995, 44 
U.S.C 3501 et seq. All the information requirements pertain to an 
application form, whereby Alaska veterans may apply for the benefits 
described in this proposed rule. BLM has prepared and requested OMB to 
review and approve an information collection package for the 
application form. Because all the information requirements are 
contained in the application form and covered by that information 
collection package, BLM has not prepared a separate information 
collection package for these regulations.
    The information BLM asks for in the form identified in Section 
2568.73 will be collected through the allotment application form 
``Alaska Native Vietnam Veteran Allotment Application,'' under an OMB 
form number to be assigned when OMB approves the collection. BLM would 
require individual Alaska Native veterans who apply for allotments 
under Section 41 of ANCSA or, in the case of certain deceased veterans, 
the personal representatives of their estates to comply with the 
information collection requirement.
    Specific information to be collected is as follows:
    Name, address, date of birth, telephone number, dates of military 
service, branch of service, legal description of land for which veteran 
or representative is applying, dates of occupancy of land, description 
and value of improvements on land, and specific uses of land.
    BLM estimates the total number of respondents will be approximately 
1,100 and the burden on new respondents will be approximately 30,800 
hours. These estimates apply to the entire 18-month application period. 
For a 12-month period this works out to 732 applicants and 20,496 
hours. The estimate of the number of respondents is based on computer 
data from the Department of Veterans Affairs concerning Alaska Native 
veterans with at least one quarter Alaska Native blood who served in 
the U.S. military between January 1, 1969, and December 31, 1971. This 
data was further screened to identify those persons who met the 6 
months' service requirement in Section 41 of ANCSA. BLM derived the 
total estimated burden hours by multiplying the number of potential 
respondents by an estimate of the 28 hours required to complete the 
application form and obtain the other documentation required by the 
form. The majority of questions on the form require brief answers, many 
of them simply ``yes'' or ``no.'' Only two questions require narrative 
responses and in both cases responses are not required from all 
applicants.
    Organizations and individuals desiring to submit comments on the 
information collection requirements should direct them to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
New Executive Office Building, Washington, DC 20503; Attention: Desk 
Officer for the Department of the Interior.
    BLM considers comments by the public on this proposed collection of 
information in--
    Evaluating whether the proposed collection of information is 
necessary for the proper performance of the functions of BLM, including 
whether the information will have practical use;
    Evaluating the accuracy of BLM's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; Enhancing the quality, usefulness, 
and clarity of the information to be collected; and Minimizing the 
burden of the collection of information on those who are to respond, 
including through the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology; such as permitting electronic submittal of 
responses.
    OMB is required to make a decision concerning the collection of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document 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 the public to comment to BLM on the proposed 
regulations.

Author

    The principal author of this rule is Connie Van Horn, Division of 
Conveyance Management, Bureau of Land Management, Anchorage, Alaska; 
assisted by Frank Bruno of BLM's Regulatory Affairs Group, Bureau of 
Land Management, Washington, DC.

List of Subjects in 43 CFR Part 2560

    Alaska, Homesteads, Indian Lands, Public Lands, Public Lands-Sale, 
and Reporting and Recordkeeping requirements.

    Dated: February 2, 2000.
Sylvia V. Baca,
Acting Assistant Secretary, Land and Minerals Management.

    Accordingly, BLM proposes to amend 43 CFR part 2560 as follows:
    1. The authority citation for part 2560 continues to read as 
follows:

    Authority:  43 U.S.C. 1201, 1740.
    2. Add subpart 2568 to read as follows:
Subpart 2568--Alaska Native Allotments for Certain Veterans

Purpose

Sec.
2568.10   What Alaska Native allotment benefits are available to 
certain Alaska Native veterans?

Regulatory Authority

2568.20   What is the legal authority for these allotments?
2568.21   Do other regulations directly apply to these regulations?

Definitions

2568.30   What terms do I need to know to understand these 
regulations?

Information Collection

2568.40   Does BLM have the authority to ask me for the information 
required in these regulations?

Who Is Qualified for an Allotment

2568.50   What qualifications do I need to be eligible for an 
allotment?

Personal Representatives

2568.60   May the personal representatives of eligible deceased 
veterans apply on their behalf?
2568.61   What are the requirements for a personal representative?
2568.62   Under what circumstances does BLM accept the appointment 
of a personal representative?
2568.63   Under what circumstances does BLM reject the appointment 
of a personal representative?

[[Page 6266]]

2568.64   Are there different requirements for giving an allotment 
to the estate of a deceased veteran?

Applying for an Allotment

2568.70   If I am qualified for an allotment, when can I apply?
2568.71   Where do I file my application?
2568.72   When does BLM consider my application to be filed too 
late?
2568.73   Do I need to fill out a special application form?
2568.74   What else must I file with my application?
2568.75   Must I include a Certificate of Indian Blood as well as 
Department of Defense verification of qualifying military service 
when I file my application with BLM? Also, if I am a personal 
representative filing on behalf of the estate of a deceased veteran, 
must I also file the Department of Veterans Affairs verification of 
cause of death at this time?
2568.76   Do I need to pay any fees when I file my application?
2568.77   Do I have to post the land in my application on the 
ground?
2568.78   Will my application segregate the land for which I am 
applying from other applications or land actions?
2568.79   Are there any rules about the number and size of parcels?
2568.80   Does the parcel have to be surveyed before I can receive 
title to it?
2568.81   If BLM finds errors in my application, will BLM give me a 
chance to correct them?
2568.82   If BLM decides that I have not submitted enough 
information to show qualifying use and occupancy, will it reject my 
application or give me a chance to submit more information?

Available Lands General

2568.90   If I qualify for an allotment, what land may BLM convey to 
me?
2568.91   Is there land owned by the Federal government that BLM 
cannot convey to me even if I qualify?
2568.92   Is there a limit to how much water frontage my allotment 
can include?
2568.93   Can I receive an allotment of land that is valuable for 
minerals?

Available Lands-Conservation System Units (CSU)

2568.100   What is a Conservation System Unit?
2568.101   If the land I used and occupied is within a Conservation 
System Unit (CSU) other than a National Wilderness or any part of a 
National Forest, can I receive title to it?
2568.102   Is the process by which the managing agency decides 
whether my allotment is not inconsistent with the CSU the same as 
other such determination processes?
2568.103   By what process does the managing agency of a CSU decide 
if my allotment would be consistent with the CSU?
2568.104   How will a CSU manager determine if my allotment is 
consistent with the CSU?
2568.105   In what situations could a CSU manager likely find an 
allotment to be consistent with the CSU?
2568.106   In what situations could a CSU manager generally find an 
allotment to be inconsistent with the purposes of a CSU?

Alternative Allotments

2568.110   If I qualify for Federal land in one of the categories 
BLM cannot convey, is there any other way for me to receive an 
allotment?
2568.111   What if BLM decides that I qualify for land that is in 
the category of Federal land that BLM cannot convey?
2568.112   What do I do if BLM notifies me that I am eligible to 
choose an alternative allotment?
2568.113   How do I apply for an alternative allotment if the CSU 
manager determines my application is inconsistent with a CSU?
2568.114   When must I apply for an alternative allotment if the CSU 
manager determines my application is inconsistent with a CSU?

Appeals

2568.120   What can I do if I disagree with any of the decisions 
that are made about my allotment application?
2568.121   If an agency determines my allotment is inconsistent with 
the purposes of a CSU, what can I do if I disagree?
2568.122   What then does the CSU manager do with my request for 
reconsideration?
2568.123   Can I appeal the CSU Manager's reconsidered decision if I 
disagree with it?
Subpart 2568-Alaska Native Allotments for Certain Veterans

Purpose


Sec. 2568.10  What Alaska Native allotment benefits are available to 
certain Alaska Native veterans?

    Eligible Alaska Native veterans may receive an allotment of one or 
two parcels of Federal land in Alaska totaling no more than 160 acres.

Regulatory Authority


Sec. 2568.20  What is the legal authority for these allotments?

    (a) The Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et seq. 
(ANCSA), as amended.
    (b) Section 432 of Public Law 105-276, the Appropriations Act for 
the Departments of Veterans Affairs and Housing and Urban Development 
for fiscal year 1999, which amended ANCSA by adding section 41.
    (c) The Native Allotment Act of 1906, 34 Stat. 197, as amended, 42 
Stat. 415 and 70 Stat. 954, 43 U.S.C. 270-1 through 270-3 (1970).


Sec. 2568.21  Do other regulations directly apply to these regulations?

    Yes. The regulations implementing the Native Allotment Act of 1906, 
43 CFR Subpart 2561, also apply to Alaska Native Veteran Allotments to 
the extent they are not inconsistent with section 41 of ANCSA or any 
provisions in this Subpart.

Definitions


Sec. 2568.30  What terms do I need to know to understand these 
regulations?

    Alaska Native is defined in the Native Allotment Act of 1906 as 
amended by the Act of August 2, 1956, 70 Stat. 954.
    Allotment has the same meaning as in 43 CFR 2561.0-5(b).
    Conservation System Unit (CSU) has the same meaning as under Sec. 
102(4) of the Alaska National Interest Lands Conservation Act of 
December 2, 1980 (ANILCA), 16 U.S.C. 3102(4).
    Veteran has the same meaning as in 38 U.S.C. 101, paragraph 2.

Information Collection


Sec. 2568.40  Does BLM have the authority to ask me for the information 
required in these regulations?

    (a) Yes. The Office of Management and Budget has approved, under 44 
U.S.C. 3507, the information collection requirements contained in this 
subpart 2568 and has assigned them clearance number xxxx-xxxx for Form 
AK-2561-10. BLM uses this information to determine if using the public 
lands is appropriate. You must respond to obtain a benefit.
    (b) BLM estimates that the public reporting burden for this 
information is as follows: 28 hours per response to fill out form AK-
2561-10. These estimates include the time for reviewing instruction, 
searching existing data sources, gathering and maintaining the data 
needed and completing the collection of information.
    (c) Send comments regarding this burden estimate or any other 
aspect of this collection to the Information Collection Clearance 
Officer, Bureau of Land Management, 1849 C St. N.W., Mail Stop 401 LS, 
Washington, D.C. 20240.

Who Is Qualified for an Allotment


Sec. 2568.50  What qualifications do I need to be eligible for an 
allotment?

    To qualify for an allotment you must:
    (a) Have been eligible for an allotment under the Native Allotment 
Act as it was in effect before December 18, 1971; and
    (b) Be a veteran who served at least six months between January 1, 
1969, and June 2, 1971, or enlisted or was drafted after June 2, 1971, 
but before December 3, 1971; and
    (c) Not have already received conveyance or approval of an 
allotment.

[[Page 6267]]

(However, if you received an allotment interest by inheritance, devise, 
gift, or purchase you are not disqualified from applying); and
    (d) Not have a Native allotment application pending on October 21, 
1998.

Personal Representatives


Sec. 2568.60  May the personal representatives of eligible deceased 
veterans apply on their behalf?

    Yes. The personal representative may apply for an allotment, for 
the benefit of the deceased veteran's heirs, if between January 1, 
1969, and December 31, 1971, the deceased veteran:
    (a) Was killed in action, or
    (b) Was wounded in action and later died as a direct consequence of 
that wound, as determined and certified by the Department of Veterans 
Affairs, or
    (c) Died while a prisoner of war.


Sec. 2568.61  What are the requirements for a personal representative?

    The person filing the application must present proof of a current 
appointment as personal representative of the estate of the deceased 
veteran by the proper court, or proof that this appointment process has 
begun.


Sec. 2568.62  Under what circumstances does BLM accept the appointment 
of a personal representative?

    BLM will accept an appointment of personal representative made any 
time after an eligible person dies, even if that appointment came 
before enactment of the Alaska Native Veterans Law.


Sec. 2568.63  Under what circumstances does BLM reject the appointment 
of a personal representative?

    If the appointment process is incomplete at the time of allotment 
application filing, the prospective personal representative must file 
the proof of appointment with BLM within 18 months after the 
application filing deadline or BLM will reject the application.


Sec. 2568.64  Are there different requirements for giving an allotment 
to the estate of a deceased veteran?

    No. The estate of the deceased veteran eligible under section 
2568.60 must meet the same requirements for a Native allotment as other 
living Alaska Native veterans.

Applying for an Allotment


Sec. 2568.70  If I am qualified for an allotment, when can I apply?

    If you are qualified, you can apply between (insert the effective 
date of rule) and (insert the date which is 18 months after the 
effective date of the rule).


Sec. 2568.71  Where do I file my application?

    You must file your application in person or by mail with the BLM 
Alaska State Office.


Sec. 2568.72  When does BLM consider my application to be filed too 
late?

    BLM will consider applications to be filed too late if they are:
    (a) Submitted in person after the deadline in 43 CFR 2568.70, or
    (b) Postmarked after the deadline indicated at 43 CFR 2568.70.


Sec. 2568.73  Do I need to fill out a special application form?

    Yes. You must complete form no. AK-2561-10, ``Alaska Native Veteran 
Allotment Application.''


Sec. 2568.74  What else must I file with my application?

    You must also file:
    (a) A Certificate of Indian Blood, which is a Bureau of Indian 
Affairs form,
    (b) A DD Form 214 ``Certificate of Release or Discharge from Active 
Duty'' or other documentation from the Department of Defense to verify 
military service, as well as any information on cause of death supplied 
by the Department of Veterans Affairs,
    (c) A map at a scale of 1:63,360 or larger, sufficient to locate on 
the ground the land for which you are applying, and
    (d) A legal description of the land for which you are applying. If 
there is a discrepancy between the map and the legal description, the 
map will control. The map must be sufficient to allow BLM to locate the 
parcel on the ground. You must also estimate the number of acres in 
each parcel.


Sec. 2568.75  Must I include a Certificate of Indian Blood as well as 
Department of Defense verification of qualifying military service when 
I file my application with BLM? Also, if I am a personal representative 
filing on behalf of the estate of a deceased veteran, must I also file 
the Department of Veterans Affairs verification of cause of death at 
this time?

    Yes. If any of these documents is missing when you file the 
application, BLM will ask you to provide the information within the 
time specified in a notice. BLM will not process the application until 
you file the necessary documents but will consider the application as 
having been timely filed.


Sec. 2568.76  Do I need to pay any fees when I file my application?

    No. You do not need to pay a fee to file an application.


Sec. 2568.77  Do I have to post the land in my application on the 
ground?

    (a) Yes. Before you file your application you must post the land by 
marking all corners on the ground with your name and address.
    (b) On land within a CSU, you must get a free special use permit 
from the CSU manager before you erect any signs or markers. The CSU 
manager may establish in the permit a maximum size of any signs or 
markers. If the CSU manager later decides under Sec. 2568.104 that your 
allotment is not consistent with the CSU, you must promptly remove the 
signs or markers unless the CSU manager waives this requirement in the 
special use permit.


Sec. 2568.78  Will my application segregate the land for which I am 
applying from other applications or land actions?

    The filing of an application with a sufficient description to 
identify the lands will segregate those lands. ``Segregation'' has the 
same meaning as in 43 CFR 2091.0-5(b).


Sec. 2568.79  Are there any rules about the number and size of parcels?

    Yes. You may apply for one or two parcels, but if you apply for two 
parcels the two combined cannot total more than 160 acres. You may 
apply for less than 160 acres. Each parcel must be reasonably compact.


Sec. 2568.80  Does the parcel have to be surveyed before I can receive 
title to it?

    Yes. The land in your application must be surveyed before BLM can 
convey it to you. BLM will survey your allotment at no charge to you, 
or you may obtain a private survey. BLM must approve the survey if it 
is done by a private surveyor.


Sec. 2568.81  If BLM finds errors in my application, will BLM give me a 
chance to correct them?

    Yes. If you file your application during the 18-month filing period 
and BLM finds correctable errors, it will consider the application to 
be timely filed once you correct them. BLM will send you a notice 
advising you of any correctable errors and give you at least 60 days to 
correct them. You must make corrections within the specified time or 
BLM will reject your application.


Sec. 2568.82  If BLM decides that I have not submitted enough 
information to show qualifying use and occupancy, will it reject my 
application or give me a chance to submit more information?

    (a) BLM will not reject your application without giving you an 
opportunity for a hearing to establish the facts of your use.

[[Page 6268]]

    (b) If BLM cannot determine from the information you submit that 
you met the use and occupancy requirements of the 1906 Act, it will 
send you a notice saying that you have not submitted enough evidence 
and will give you at least 60 days to file additional information.
    (c) If you do not submit additional evidence by the end of the time 
BLM gives you or if you submit additional evidence but BLM still cannot 
determine that you meet the use and occupancy requirements, the 
following process will occur:
    (1) BLM will issue a formal contest complaint telling you why it 
believes it should reject your application.
    (2) If you answer the complaint and tell BLM you want a hearing, 
BLM will ask an Administrative Law Judge (ALJ) of the Interior 
Department, Office of Hearings and Appeals, to preside over a hearing 
to establish the facts of your use and occupancy.
    (3) The ALJ will evaluate all the written evidence and oral 
testimony and issue a decision.
    (4) You can appeal this decision to the Interior Board of Land 
Appeals according to 43 CFR part 4.

Available Lands--General


Sec. 2568.90  If I qualify for an allotment, what land may BLM convey 
to me?

    You may receive title only to:
    (a) Land that:
    (1) Is currently owned by the Federal government,
    (2) Was vacant, unappropriated, and unreserved when you first began 
to use and occupy it,
    (3) Has not been continuously withdrawn since before your 5th 
birthday,
    (4) You started using before December 13, 1968, and
    (5) You prove by a preponderance of the evidence that you used and 
occupied in a substantially continuous, and independent manner, at 
least potentially exclusive of others, for five or more years. This 
possession of the land must not be merely intermittent. ``Preponderance 
of evidence'' means evidence which is more convincing than the evidence 
offered in opposition to it; that is, evidence which as a whole shows 
that the fact you are trying to prove is more likely a fact than not.
    (b) Substitute land explained in 43 CFR 2568.110.


Sec. 2568.91  Is there land owned by the Federal government that BLM 
cannot convey to me even if I qualify?

    You cannot receive an allotment containing any of the following:
    (a) A regularly used and recognized campsite that is primarily used 
by someone other than yourself. The campsite area that you cannot 
receive is that which is actually used as a campsite.
    (b) Land selected by, but not conveyed to, the State of Alaska;
    (c) Land presently selected by, but not conveyed to, a Village 
Corporation as defined in section 3(j) of ANCSA (43 U.S.C. 1602(j)); a 
Regional Corporation as defined in section 3(g) of ANCSA (43 U.S.C. 
1602(g)); a Native group as defined in section 3(d) of ANCSA (43 U.S.C. 
1602(d)); or an urban Native corporation to which conveyance is 
authorized by section 14(h)(3) of ANCSA (43 U.S.C. 1613(h)(3)). A 
Native corporation may relinquish up to 160 acres of its selection to 
allow an eligible Native veteran to receive an allotment, as long as 
the remaining ANCSA selection comports with the appropriate selection 
rules in 43 CFR part 2650. Any such relinquishment must not cause the 
corporation to become underselected. See 43 U.S.C. 1621(j)(2) for a 
definition of underselection;
    (d) Land designated as wilderness by statute;
    (e) Land acquired by the Federal government through gift, purchase, 
or exchange;
    (f) Land containing any development owned or controlled by a unit 
of government, or a person other than yourself;
    (g) Land withdrawn or reserved for national defense, other than the 
National Petroleum Reserve-Alaska;
    (h) National Forest land; or
    (i) Land selected or claimed, but not yet conveyed, under a public 
land law, including but not limited to the following:
    (1) Land within a recorded mining claim;
    (2) Home sites;
    (3) Trade and manufacturing sites;
    (4) Reindeer sites and headquarters sites;
    (5) Cemetery sites.


Sec. 2568.92  Is there a limit to how much water frontage my allotment 
can include?

    Yes, in some cases. You will normally be limited to a half-mile 
(referred to as160 rods in the regulations at 43 CFR part 2094) along 
the shore of a navigable water body. If you apply for land that extends 
more than a half-mile, BLM will treat your application as a request to 
waive this limitation. As explained in 43 CFR 2094.2, BLM can waive the 
half-mile limitation if it determines the land is not needed for a 
harborage, wharf, or boat landing area, and that a waiver would not 
harm the public interest.


Sec. 2568.93  Can I receive an allotment of land that is valuable for 
minerals?

    BLM can convey an allotment that is known to be or believed to be 
valuable, for coal, oil, or gas, but the ownership of these minerals 
remains with the Federal government. BLM cannot convey to you land 
valuable for other kinds of minerals such as gold, silver, sand or 
gravel. If BLM conveys an allotment that is valuable for coal, oil, or 
gas, the allottee owns all minerals in the land except those expressly 
reserved to the United States in the conveyance.

Available Lands-Conservation System Units (CSU)


Sec. 2568.100  What is a Conservation System Unit?

    A Conservation System Unit (CSU) is an Alaska unit of the National 
Park System, National Wildlife Refuge System, National Wild and Scenic 
Rivers System, National Trails System, National Wilderness Preservation 
System, or a National Forest Monument.


Sec. 2568.101  If the land I used and occupied is within a Conservation 
System Unit (CSU) other than a National Wilderness or any part of a 
National Forest, can I receive title to it?

    You may receive title if you qualify for that allotment and the 
managing agency of the CSU agrees that conveyance of that allotment is 
not inconsistent with the purposes of the CSU.


Sec. 2568.102  Is the process by which the managing agency decides 
whether my allotment is not inconsistent with the CSU the same as other 
such determination processes?

    No. This process is unique to this regulation. It should not be 
confused with any similar process under any other act, including the 
incompatibility process under the National Wildlife Refuge System 
Improvement Act of 1998.


Sec. 2568.103  By what process does the managing agency of a CSU decide 
if my allotment would be consistent with the CSU?

    (a) BLM conducts a field exam, with you or your representative, to 
check the boundaries of the land for which you are applying and to look 
for signs of use and occupancy. The CSU manager or a designated 
representative may also attend the field exam.
    (b) The CSU manager or representative assesses the resources to 
determine if the allotment would be consistent with CSU purposes at 
that location. You may submit any other information for the CSU manager 
to consider. You or your representative may also accompany, at your 
expense,

[[Page 6269]]

the CSU representative on any field exam.
    (c) The CSU manager submits a written decision and resource 
assessment to BLM within 18 months of the BLM field exam. The CSU 
manager will send you a copy of the decision. You may request a copy of 
the resource assessment.


Sec. 2568.104  How will a CSU manager determine if my allotment is 
consistent with the CSU?

    The CSU manager will decide this on a case-by-case basis by 
considering the law or withdrawal order which created the CSU. The law 
or withdrawal order explains the purposes for which the CSU was 
created. The manager would also consider the mission of the CSU 
managing agency as established in law and policy. The manager will also 
consider how the cumulative impacts of the various activities that 
would take place on the allotment might affect the CSU.


Sec. 2568.105  In what situations could a CSU manager likely find an 
allotment to be consistent with the CSU?

    An allotment could generally be consistent with the purposes of the 
CSU if:
    (a) You locate an allotment near land that BLM has conveyed to a 
Native corporation under ANCSA, or
    (b) A Native corporation has selected the land under ANCSA and has 
said it would relinquish such selection, as long as the remaining ANCSA 
selection comports with the appropriate selection rules in 43 CFR part 
2650. Any relinquishment must not cause the corporation to become 
underselected. See 43 U.S.C. 1621(j)(2) for a definition of 
underselection.


Sec. 2568.106  In what situations could a CSU manager generally find an 
allotment to be inconsistent with the purposes of a CSU?

    An allotment could generally be inconsistent in situations 
including, but not limited to, the following:
    (a) If, by itself or as part of a group of allotments, it could 
significantly interfere with biological, physical, cultural, scenic, 
recreational, natural quiet or subsistence values of the CSU.
    (b) If, by itself or as part of a group of allotments, it obstructs 
access by the public or managing agency to the resource values of 
surrounding CSU lands.
    (c) If, by itself or as part of a group of allotments, it could 
trigger development or future uses in an area that would adversely 
affect resource values of surrounding CSU lands.
    (d) If it is isolated from existing private properties and opens an 
area of a CSU to new access and uses that adversely affect resource 
values of the surrounding CSU lands.
    (e) If it interferes with the implementation of the CSU management 
plan.

Alternative Allotments


Sec. 2568.110  If I qualify for Federal land in one of the categories 
BLM cannot convey, is there any other way for me to receive an 
allotment?

    Yes. In this case, you may choose an alternative allotment from the 
following types of land within the same ANCSA Region as the land for 
which you originally qualified:
    (a) Land within an original withdrawal under section 11(a)(1) of 
ANCSA for selection by a Village Corporation which was:
    (1) Not selected,
    (2) Selected and later relinquished, or
    (3) Selected and later rejected by BLM;
    (b) Land outside of, but touching a boundary of a Village 
withdrawal, not including land described in 43 CFR 2568.91 or land 
within a National Park; or
    (c) Vacant, unappropriated, and unreserved land.


Sec. 2568.111  What if BLM decides that I qualify for land that is in 
the category of Federal land that BLM cannot convey?

    BLM will notify you in writing that you are eligible to choose an 
alternative allotment from lands described in 43 CFR 2568.110.


Sec. 2568.112  What do I do if BLM notifies me that I am eligible to 
choose an alternative allotment?

    You must file a request for an alternative allotment in the Alaska 
State Office as stated in 43 CFR 2568.71 and follow all the 
requirements you did for your original allotment application.


Sec. 2568.113  How do I apply for an alternative allotment if the CSU 
manager determines my application is inconsistent with a CSU?

    You should contact the appropriate CSU manager as quickly as 
possible to discuss resource concerns, potential constraints, and 
impacts on existing management plans. After you do this you must file a 
request for an alternative allotment with the BLM Alaska State Office 
as stated in 43 CFR 2568.71 and follow all the requirements of the 
original allotment application.


Sec. 2568.114  When must I apply for an alternative allotment if the 
CSU manager determines my application is inconsistent with a CSU?

    Your application for an alternative allotment must be filed:
    (a) Within 12 months of when you receive a decision from a CSU 
manager that says your original allotment is inconsistent with the 
purposes of the CSU or,
    (b) Within six months of when you receive a decision from the CSU 
manager on your request for reconsideration of the original decision 
affirming that your original allotment is inconsistent with the 
purposes of the CSU, or
    (c) Within three months of the date an appellate decision from the 
National Park Service (NPS) Regional Director, U.S. Fish and Wildlife 
Service (USFWS) Regional Director, or BLM Alaska State Director becomes 
final.

Appeals


Sec. 2568.120  What can I do if I disagree with any of the decisions 
that are made about my allotment application?

    You may appeal all decisions, except for the CSU consistency 
decisions or determinations by the Department of Veterans Affairs, to 
the Interior Board of Land Appeals under 43 CFR part 4.


Sec. 2568.121  If an agency determines my allotment is inconsistent 
with the purposes of a CSU, what can I do if I disagree?

    (a) You or your legal representative may request reconsideration of 
a CSU manager's decision by sending a signed request to that manager.
    (b) The request for reconsideration must be submitted in person or 
postmarked to the CSU manager no later than 90 calendar days of when 
you received the decision.
    (c) The request for reconsideration must include:
    (1) The BLM case file number of the application and parcel, and
    (2) Your reason(s) for filing the reconsideration, and any new 
pertinent information.


Sec. 2568.122  What then does the CSU manager do with my request for 
reconsideration?

    (a) The CSU manager will reconsider the original compatibility 
decision and send you a written decision within 45 calendar days after 
they receive your request. The 45 days may be extended for a good 
reason in which case you would be notified of the extension in writing. 
The reconsideration decision will give the CSU Manager's reasons for 
this new decision and it will summarize the evidence that was used.
    (b) The reconsideration decision will provide information on how to 
appeal if you disagree with it.

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Sec. 2568.123  Can I appeal the CSU Manager's reconsidered decision if 
I disagree with it?

    (a) Yes. If you or your legal representative disagree with the 
decision you may appeal to the NPS Regional Director, the USFWS 
Regional Director, or BLM Alaska State Director responsible for the CSU 
where your proposed allotment is located.
    (b) Your appeal must:
    (1) Be in writing,
    (2) Be submitted in person to the CSU manager or postmarked no 
later than 45 calendar days of when you received the reconsidered 
decision.
    (3) State any legal or factual reason(s) why you believe the 
decision is wrong. You may include any additional evidence or arguments 
to support your appeal.
    (c) You may present oral testimony to the NPS Regional Director, 
USFWS Regional Director, or BLM Alaska State Director to clarify issues 
raised in the written record.
    (d) The NPS Regional Director, USFWS Regional Director, or BLM 
Alaska State Director will send you their written decision within 45 
calendar days of when they receive your appeal. This period can be 
extended for a good reason. You will be notified.
    (e) The decision of the NPS Regional Director, USFWS Regional 
Director, or BLM Alaska State Director is the final administrative 
decision of the Department of the Interior.

[FR Doc. 00-2642 Filed 2-7-00; 8:45 am]
BILLING CODE 4310-84-P