[Federal Register Volume 68, Number 43 (Wednesday, March 5, 2003)]
[Notices]
[Pages 10486-10487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5062]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Land Acquisitions; Ponca Tribe of Nebraska

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of final agency determination to take land into trust 
under 25 CFR Part 151.

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SUMMARY: The Assistant Secretary--Indian Affairs made a final agency 
determination to acquire approximately 3 acres, more or less, of land 
into trust for the Ponca Tribe of Nebraska on December 20, 2002. This 
notice is published in the exercise of authority delegated by the 
Secretary of the Interior to the Assistant Secretary--Indian Affairs by 
209 Departmental Manual 8.1.

FOR FURTHER INFORMATION CONTACT: George Skibine, Office of Indian 
Gaming Management, Bureau of Indian Affairs, MS-4543 MIB, 1849 C 
Street, NW., Washington, DC 20240; Telephone (202) 219-4066.

SUPPLEMENTARY INFORMATION: This notice is published to comply with the 
requirement of 25 CFR part 151.12(b) that notice be given to the public 
of the Secretary's decision to acquire land in trust at least 30 days 
prior to signatory acceptance of the land into trust. The purpose of 
the 30-day waiting period in 25 CFR part 151.12(b) is to afford 
interested parties the opportunity to seek judicial review of final 
administrative decisions to take land in trust for Indian tribes and 
individual Indians before transfer of title to the property occurs. On 
December 20, 2002, the Assistant Secretary--Indian Affairs decided to 
accept approximately 3 acres, more or less, of land into trust for the 
Ponca Tribe of Nebraska under the authority of the Indian 
Reorganization Act of 1934, 25 U.S.C. 465. The Ponca Tribe was 
legislatively terminated in 1962 pursuant to the Ponca Termination Act, 
Public Law 87-629, 25 U.S.C. 971-980. Pursuant to Public Law 101-484, 
25 U.S.C. 983-983(h), dated October 31, 1990 the Tribe was restored to 
federal recognition. In a memorandum dated November 22, 2002, the 
Associate Solicitor, Division of Indian Affairs, concluded that the 
prohibition on gaming on after-acquired trust lands contained in 
Section 20 of IGRA, 25 U.S.C. 2719, does not apply in this case because 
the Ponca Tribe is a restored tribe within the meaning of 25 U.S.C. 
2719(b)(1)(B)(iii), and the acquisition of land in Knox County 
qualifies as ``the restoration of lands'' for an Indian tribe that is 
restored to Federal recognition

[[Page 10487]]

for purposes of 25 U.S.C. 2719(b)(1)(B)(iii) because it is located 
within Knox County, and the Ponca Tribe Restoration Act mandates that 
the Secretary acquire land for the Ponca Tribe in Knox County.
    The legal description of the property is as follows:

    A tract of land lying wholly in Out Lot G, Park Addition to the 
Village of Crofton, Knox County, Nebraska, more particularly 
described as follows: Commencing at a point 150.0 feet West of the 
Northeast corner of said Out Lot G; thence West, along the North 
line of said Out Log G, 166.0 feet; thence South 132.8 feet; thence 
East 70.7 feet; thence South 42.2 feet; thence East 95.3 feet; 
thence North 1750.0 feet to the point of beginning.

    The property consists of approximately 3 acres located in Knox 
County, Nebraska.

    Dated: December 20, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 03-5062 Filed 3-4-03; 8:45 am]
BILLING CODE 4310-4N-M