[Federal Register Volume 66, Number 200 (Tuesday, October 16, 2001)]
[Rules and Regulations]
[Pages 52544-52547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25937]


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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: Final rule.

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SUMMARY: This document amends the final regulations published in the 
Federal Register on Friday, June 30, 2000 (65 FR 16648). The regulation 
allows 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a Native allotment under the repealed Native Allotment Act of 1906.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 Allotment Act in 1998 which 
mandates regulations to implement it. This action will 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.

EFFECTIVE DATE: This rule is effective on November 15, 2001.

ADDRESSES: You may send inquiries or suggestions to: Director (630), 
Bureau of Land Management, 1849 C Street, NW., Washington, DC 20240.

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 
Kelly Odom, Bureau of Land Management, Regulatory Affairs Group, Mail 
Stop 401, 1620 L Street, NW.,

[[Page 52545]]

Washington, DC 20036; telephone (202) 452-5028. To reach Ms. Van Horn 
or Ms. Odom, 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. Statutory Authority.
II. Final Rule as Adopted.
III. Procedural Matters.

I. Statutory Authority

    Public Law 106-559 signed by the President on December 21, 2000 
amends the Alaska Native Allotment Act of 1998. It:
    a. Changes the dates of military service under which an Alaska 
Native Veteran may be eligible for an allotment by extending the ending 
date for completing the required six months of military service from 
June 2, 1971, to December 31, 1971;
    b. Extends the dates of military service under which a deceased 
Alaska Native Veteran may be eligible for an allotment from the 
original period beginning January 1, 1969, and ending December 31, 
1971, to the period beginning August 5, 1964, and ending December 31, 
1971;
    c. Clarifies that a deceased Alaska Native Veteran must have served 
in South East Asia during the 1964-1971 time period; and
    d. Clarifies that the appropriate Alaska State court must appoint 
personal representatives to represent deceased eligible veterans.

II. Final Rule as Adopted

    We are issuing this final rule because the purpose of the rule is 
to provide the public with the information concerning changes to 
previous law which were made in Public Law 106-559. The changes made 
are specific and allow BLM no discretion. Therefore, public comment on 
a proposed rule would not be in the public interest; rather comment 
would delay the fuller, complete, and clear public disclosure we seek.
    This final rule follows the changes in Public Law 106-559 by:
    (a) Changing the dates of military service under which an Alaska 
Native Veteran may be eligible for an allotment by extending the ending 
date for completing the required six months of military service from 
June 2, 1971, to December 31, 1971;
    (b) Extending the dates of military service under which a deceased 
Alaska Native Veteran may be eligible for an allotment from the 
original period beginning January 1, 1969, and ending December 31, 
1971, to the period beginning August 5, 1964, and ending December 31, 
1971;
    (c) Clarifying that a deceased Alaska Native Veteran must have 
served in South East Asia during the 1964-1971 time period and;
    (d) Clarifying that the appropriate Alaska State court must appoint 
personal representatives to represent deceased eligible veterans.
    The rule also deletes Sec. 2568.92, Is there anything else I should 
consider if I apply for land that is selected by a Native Corporation 
or by the State of Alaska? The last sentence of the Section stated ``If 
BLM does not receive and approve a relinquishment from a Native 
corporation or the State before the allotment application filing period 
ends, you cannot file an application for an allotment in a different 
location and you will not be eligible for an alternative allotment.'' 
It is true that an applicant would not be able to file a new 
application in a different location once the filing period ends, but it 
is not true that an applicant would not be eligible for an alternative 
allotment. If an applicant is found eligible for an alternative 
allotment, that eligibility would have nothing to do with the end of 
the filing period. This section was intended to be a warning of 
possible risk to applicants, not a statement of a requirement. We have 
determined that deleting the section, rather than rewording it, is in 
the public interest. We determined this after considering alternative 
language which we found would add confusion rather than clarity to the 
rulemaking.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These final regulations are not a significant regulatory action and 
were not subject to review by the Office of Management and Budget under 
Executive Order 12866. These final 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, of State, local, or tribal 
governments of communities. These final regulations will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. These final 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 final 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 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.

National Environmental Policy Act (NEPA)

    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 Alaska Native Veterans 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 final rule will apply only 
to certain Alaska Native veterans and specific classes of heirs of 
Alaskan Native veterans who are eligible to apply for allotments. 
Therefore, the Department of the Interior certifies that this document 
will not have any significant impacts on small entities under the RFA.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These final regulations are not a ``major rule'' as defined at 5 
U.S.C. 804(2). This final rule does not meet any of the criteria for a 
``major rule'' under the definition contained in SBREFA. The final rule 
will 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 will not result in major cost or price increases 
for consumers, industries, or regions, and the cost increases for 
government agencies will be small. This final rule will 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

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annual effect on the economy will 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 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 final 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 final regulations have a significant or 
unique effect on State, local, or tribal governments or the private 
sector. The only mandate imposed on State governments will be for the 
State court appointment of personal representatives in cases involving 
the estates of certain deceased applicants, but this mandate will cost 
far below $100 million per year. These final regulations impose no 
mandate on local or tribal governments or the private sector. Program 
costs will 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 final rule does not represent a government action capable of 
interfering with constitutionally protected property rights. The final 
rule will allow BLM to convey Federal land only under certain 
circumstances, and the 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 interest will be affected by this proposed rule. 
Therefore, the Department of the Interior has determined that the rule 
will not cause a taking of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132, Federalism

    The final 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. The final rule will give the State the 
authority to voluntarily relinquish up to 160 acres of a selection so 
that a Native veteran can apply for an allotment, but the State is not 
required to relinquish. Voluntarily relinquishments will have no effect 
on the State's ability to reach its full acreage entitlement from the 
Federal government. Native veterans will not be able to apply for land 
already owned by the State, even if they can 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. Native allotments are conveyed from 
Federal public land which is not subject to State or local taxation, so 
conveyance of allotments under this rule will not change tax status or 
cause any impact on State or local property tax revenue. Therefore, in 
accordance with Executive Order 12612, BLM has determined that this 
final 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 final regulations. Representatives of the State 
of Alaska recognize that lands conveyed to the State are prohibited 
from land availability under the statute and that the State may 
relinquish, but is not required to relinquish, a selection to allow a 
Native veteran to file an allotment application.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that this final 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.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2 when we initially wrote this 
rule we consulted with tribes as follows:
    Section 41 of ANCSA, which authorizes Native allotments for certain 
veterans, specifically requires that the Department of the Interior 
promulgate these regulations ``after consultation with Alaska Natives 
groups.'' BLM consulted with the Bureau of Indian Affairs throughout 
the process of the initial rulemaking and held public meetings to 
discuss the rule with Native entities, including tribes. Native views 
were solicited very early in the rulemaking process and BLM included 
all written comments received from tribes and other Native entities in 
the administrative record for the rule. BLM held additional meetings 
with Native groups before the regulations became final and considered 
tribal and other Native views in the final rulemaking. Accordingly:
    a. We consulted with affected tribes.
    b. Consultations were open and candid so that the affected tribes 
could fully evaluate the potential impact of the rule on trust 
resources.
    c. We considered tribal views in the final rulemaking.
    d. We consulted with the appropriate bureaus and offices of the 
Department about the potential effects of the rule on tribes. We 
consulted with the Bureau of Indian Affairs and the Division of Indian 
Affairs, Office of the Solicitor.

Paperwork Reduction Act

    This final rule contains information collection requirements 
covered under the provisions of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501 et seq. All information requirements pertain to an 
application form whereby Alaska veterans may apply for the benefits 
described in this final rule. OMB reviewed and approved an information 
collection package (1004-0191) for the application form (AK 2561-10). 
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.

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Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply Distribution, or Use

    This rule is not a significant energy action. It will not have an 
adverse effect on energy supplies. This final rule will apply only to 
Alaska Native veterans and to a specific class of Alaskan Native 
veteran's heir who are eligible to apply for allotments.

Author

    The principal author of this rule is Connie Van Horn, Division of 
Conveyance Management, Bureau of Land Management, Anchorage, Alaska; 
assisted by Kelly Odom 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, Alaska Native allotments 
for certain veterans.

    Dated: September 28, 2001.
J. Steven Griles,
Acting Assistant Secretary, Land and Minerals Management.

PART 2560--ALASKA OCCUPANCY AND USE

    Accordingly, BLM amends 43 CFR part 2560 as set forth below:
    1. The authority citation for part 2560 is revised to read as 
follows:

    Authority: 43 U.S.C. 1601 et seq. (ANCSA), as amended; Section 
432 of Public Law 105-276, 43 U.S.C. 1629g; Section 301 of Public 
Law 106-559; the Native Allotment Act of 1906, 34 Stat. 197, as 
amended, 42 Stat. 415, 70 Stat. 954, 43 U.S.C. 270-1 through 270-3 
(1970).


    2. Amend Sec. 2568.20 by revising paragraph (b); redesignating 
paragraphs (c) as paragraph (d); and adding a new paragraph (c) to read 
as follows:


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

* * * * *
    (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, 43 U.S.C. 1629g, which amended ANCSA by adding 
section 41.
    (c) Section 301 of Public Law 106-559, the Indian Tribal Justice 
Technical and Legal Assistance Act of 2000, which amended section 41 of 
ANCSA.
    (d) 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).

    3. Amend Sec. 2568.50 by revising paragraph (c) to read as follows:


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

* * * * *
    (c) Be a veteran who served at least six months between January 1, 
1969, and December 31, 1971, or enlisted or was drafted after June 2, 
1971, but before December 3, 1971; and
* * * * *

    4. Amend Sec. 2568.60 by revising the introductory paragraph to 
read as follows:


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

    Yes. The personal representative or special administrator, 
appointed in the appropriate Alaska State court proceeding, may apply 
for an allotment for the benefit of a deceased veteran's heirs if the 
deceased veteran served in South East Asia at any time during the 
period beginning August 5, 1964, and ending December 31, 1971, and 
during that period the deceased veteran:
* * * * *


Sec. 2568.92  [Removed and Reserved]

    5. Remove and reserve Sec. 2568.92.

[FR Doc. 01-25937 Filed 10-15-01; 8:45 am]
BILLING CODE 4310-84-P