[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Proposed Rules]
[Pages 11784-11788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5467]



[[Page 11783]]

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Part VI





Department of the Interior





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 Bureau of Indian Affairs



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25 CFR Part 243



Reindeer in Alaska; Proposed Rule

  Federal Register / Vol. 69 , No. 48 / Thursday, March 11, 2004 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 243

RIN 1076-AE37


Reindeer in Alaska

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Bureau of Indian Affairs is promulgating these regulations 
relating to the Alaska Native reindeer industry to meet the needs of 
Alaska Native Reindeer owners. These regulations would also apply to 
non-Natives who own, or want to own, reindeer in Alaska. They will 
provide Alaska Native reindeer owners, government officials, and those 
doing business with them, with procedures and policies for 
administration of the reindeer industry in Alaska.
    This proposed rule also contains Paperwork Reduction Act 
information, which we are submitting to the Desk Officer for the 
Department of the Interior, OIRA/OMB for review and approval.

DATES: Comments on the proposed rule must be received on or before June 
9, 2004. Comments on the information collection activities should be 
received close to April 12, 2004, in order to receive maximum 
consideration.

ADDRESSES: Public comments on this proposed rule should be addressed 
to: Alaska Regional Director, Attn: Warren Eastland, Bureau of Indian 
Affairs, P.O. Box 25520 (3rd floor, Federal Building), Juneau, Alaska 
99802-5520.
    You may submit comments concerning the information collection to 
the Desk Officer for the Department of the Interior, OIRA/OMB, by 
telefacsimile at (202) 395-6566 or by e-mail to: [email protected].
    Please send a copy of your comments on the information collection 
to the Bureau of Indian Affairs at the location specified in the 
ADDRESSES section. Note that requests for comments on the rule and the 
information collection are separate.

FOR FURTHER INFORMATION CONTACT: Warren Eastland, Wildlife Biologist, 
907-586-7321.

SUPPLEMENTARY INFORMATION: These proposed regulations will have no 
impact on the reindeer grazing regulations administered by the Bureau 
of Land Management, which are found at 43 CFR part 4300.
    This proposed rule is published by authority of the Secretary of 
the Interior granted under 25 U.S.C. 500k and delegated to the 
Assistant Secretary--Indian Affairs by 209 DM 8.1.

Background

    The Reindeer Act of September 1, 1937, 50 Stat. 900 (25 U.S.C. 500-
500n) authorizes and directs the Secretary of the Interior to organize 
and manage the reindeer industry or business in Alaska in such a manner 
as to establish and maintain a complete and self-sustaining economy for 
the Natives of Alaska, and to encourage and develop Alaska Native 
activity and responsibility in all branches of the industry or business 
(25 U.S.C. 500 and 500f). To preserve the Native character of the 
reindeer industry in Alaska, the sale or transfer of Native or 
government-owned reindeer or reindeer products is allowed only under 
regulations to be developed by the Secretary (25 U.S.C. 500i).
    For many years the Bureau of Indian Affairs (BIA) used an informal 
permit system in conjunction with the infrequent sale of live reindeer. 
Contracts for the sale of meat (and more recently velvet antler) were 
seldom reviewed. A May 23, 1979, opinion by the Assistant Regional 
Solicitor, Alaska, concluded that 25 U.S.C. 500i prohibited transfer of 
ownership of reindeer or reindeer products to anyone not an Alaska 
Native, unless such transfers were carried out in accordance with 
regulations adopted by the Secretary. A subsequent opinion concluded 
that, in the absence of such regulations, BIA officials had no legal 
authority to permit such sales. A primary purpose of the regulations 
being proposed is to prescribe the procedures by which valid transfers 
can be carried out. A secondary purpose is to ratify or validate past 
transfers that have occurred without benefit of authorizing 
regulations.
    For better than five decades after enactment of the 1937 Reindeer 
Act, it was presumed that it established a government and Native 
monopoly on the ownership of live reindeer in Alaska. However, 
litigation more recently arose over the right of a non-Native to import 
into Alaska reindeer obtained from external sources. The Reindeer 
Herders Association challenged the Bureau of Indian Affairs' 1989 
interpretation of the Act, which had found that non-Native importation 
of non-Alaska reindeer was not prohibited. Although that BIA 
interpretation was initially disfavored, in decisions by the Interior 
Board of Indian Appeals and the Federal District Court, it was 
eventually approved and reinstated by Circuit Court of Appeals in 
Williams v. Babbitt, 115 F.3d 657 (9th Cir. 1997), cert. denied, 523 
U.S. 1117 (1998). Accordingly, it is necessary in these regulations to 
draw a distinction between Alaskan reindeer, owned by Alaska Natives or 
the United States Government, and imported reindeer, which are not 
descended from those present in Alaska at the time of the passage of 
the Reindeer Act. The former are subject to the restrictions on 
alienation imposed by 25 U.S.C. 500i, whereas the latter are not.
    Although the BIA has for many years under the authority of 25 
U.S.C. 500(g) administered a program under which government-owned 
reindeer were loaned to individual Native herders to help them 
establish or increase the size of their private herds, it has been 
determined that more formal guidelines for the operation of such loan 
program need not be provided for in these regulations. As a result of 
animals running off to join wild caribou herds that have invaded the 
grazing range of the domesticated herds, the substantial majority of 
the government-owned reindeer in the hands of Native borrowers have 
been lost. Because the BIA has no means to rebuild its stock of 
reindeer available for loan, it has been determined that it is not 
feasible to continue the reindeer loan program.

Procedural Requirements

Regulatory Planning and Review (Executive Order 12866)

    In accordance with the criteria in Executive Order 12866, this rule 
is not a significant regulatory action. OMB makes the final 
determination under Executive Order 12866.
    (a) This rule will not have an annual economic effect of $100 
million or adversely affect an economic sector, productivity, jobs, the 
environment, or other units of government. A cost-benefit and economic 
analysis is not required. The scale of reindeer herding in Alaska is 
such that the value of the entire industry, including animals and 
infrastructure, is less than $100 million.
    (b) This rule will not create inconsistencies with other agencies' 
actions. The Bureau of Indian Affairs is the sole agency tasked with 
administration of the Reindeer Act of 1937.
    (c) This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
There are no entitlements, grants, fees, loan programs or other 
obligations associated with the administration of the Reindeer Act of 
1937.
    (d) This rule will not raise novel, legal or policy issues. This 
rule merely

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formalizes commonly accepted practice for the administration of the 
Bureau of Indian Affairs' responsibility under the Reindeer Act of 
1937.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.). The proposed regulations do not require any permitting or 
data gathering from Native reindeer owners, and only a very few non-
Natives who wish to acquire Alaska reindeer will be affected, and then 
only by limited data gathering and not in an economic way.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. The entire reindeer industry in Alaska, including the value of 
all the animals and the supporting infrastructure, does not add up to 
$100 million.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. These regulations only affect the 
administration of the Reindeer Act of 1937 and do not affect the value 
of, or prices received for Alaska reindeer.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. The 
administration of the Reindeer Act allows Alaska Natives to compete, 
should they wish, with other nations' reindeer industries, and protects 
the industry from illegal competition from non-Natives.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    (a) This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. The 
administration of the Reindeer Act does not affect any governmental 
agency, but clarifies for Indian Reorganization Act councils the 
regulatory requirements for Alaska reindeer sales to Natives and non-
Natives.
    (b) This rule will not produce a Federal mandate of $100 million or 
greater in any year; i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. The entire reindeer 
industry in Alaska, including the value of all the animals and the 
supporting infrastructure, does not add up to $100 million.

Takings Implications (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required. The proposed regulations do not involve taking issues. 
They do clarify under what conditions non-Natives may acquire Alaska 
reindeer, do not affect the ownership of Alaska reindeer by Natives, 
and are not expected to affect Alaska reindeer currently owned by non-
Natives.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. The proposed regulations do not involve any aspect of 
Federal-State relations.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. The proposed regulations do not involve court action, nor 
do they provide significant use of enforcement and judicial action.

Paperwork Reduction Act

    The previous OMB Control Number, 1076-0047, covered the loan of 
reindeer to Alaska Natives who wished to start their own herd of 
reindeer or to improve their existing herd. The collection was allowed 
to expire because many reindeer ran off to join the caribou herds that 
traveled into the area where the federal reindeer were located. 
Therefore, a sufficient number of reindeer could not be maintained in 
the reindeer loan program to meet the minimum PRA transactions per 
year. This proposed regulation does require an information collection 
under the Paperwork Reduction Act. The information will be used to 
monitor the use and sale of Alaskan reindeer. The information we now 
require under the proposed regulations is limited to names and 
addresses of non-Natives who wish to possess Alaska reindeer and to 
reports of reindeer disposition and yearly reports. The reporting or 
application hourly burden varies from 5 minutes to 20 minutes, 
depending upon the kind of report or application used. The special use 
and sale reports are submitted annually to BIA staff. Researchers at 
the University of Alaska, who study the Alaska Native reindeer, submit 
their findings to BIA staff in lieu of a generic report. The table 
below explains the collection activity.

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                                                                                                        Federal
                                           Time per                               Estimate   Cost per    cost @
                  Form                       form      Time x number of users     cost per  form x no   $32.75/
                                          (minutes)                                 form     of users     hour
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Special use permit display..............         10  2 x 10 = 20 minutes.......      $1.67      $3.34     $10.92
Reindeer sale permit....................         10  8 x 10 = 80 minutes.......       1.67      13.36      43.68
Annual report form......................         10  2 x 10 = 20 minutes.......       1.67       3.34      10.92
                                                     8 x 5 = 40 minutes........       0.84       6.72      21.84
Generic report..........................      15-20  1 x 20 =20 minutes........       3.34       3.34      10.92
                                         ------------
Subtotals
    Permit..............................  .........  100 min...................  .........      16.70      54.60
    Report..............................  .........  80 min....................  .........      13.40      43.68
                                         ------------
        Totals..........................  .........  180 = 3 hours.............  .........      30.10      98.28
----------------------------------------------------------------------------------------------------------------

    We invite your comments on the necessity of the information 
collection to perform agency functions adequately; whether the estimate 
of the public burden is accurate; whether the agency can improve the 
quality, utility, and

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clarity of the information requested; if the use of automated, 
electronic, mechanical or other technological collection techniques 
would reduce the time needed for public response; and if our 
methodology and assumptions are valid.
    Documentation has been prepared and submitted to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
for review and approval of the information request.
    Please note that we will not require nor sponsor a request for 
information, and you need not respond to a request that does not have a 
valid OMB Control Number.
    We request comments on the information collection request. You may 
submit them to the location in the ADDRESSES section. Please note that 
these comments are separate from any comments on the rule. Your 
comments will be available for public review at the location in the 
ADDRESSES section. If you wish your name or address withheld, you must 
state this prominently at the beginning of your comment. We will honor 
your request to the extent allowed by law.

National Environmental Policy Act

    We have analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act and 516 DM. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment. An environmental assessment is not required. 
The proposed regulations do not constitute any irretrievable commitment 
of resources, nor will they permit environmental activities that are 
not otherwise regulated. The proposed regulations are merely 
administrative matters pertaining to the Reindeer Act of 1937.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated potential effects on federally recognized Indian tribes 
and have determined that there are no potential effects. The proposed 
regulations affect only individuals or groups of individuals outside of 
tribal governments, and the restrictive measures contained affect only 
non-Natives.

Effects on the Nation's Energy Supply (Executive Order 13211)

    In accordance with Executive Order 13211, this regulation does not 
have a significant effect on the nation's energy supply, distribution, 
or use. The proposed regulations pertain only to who and under what 
conditions may own Alaska reindeer. There are no energy issues 
involved.

Clarity of This Regulation

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following:
    (1) Are the requirements in the rule clearly stated?
    (2) Does the rule contain technical language or jargon that 
interferes with its clarity?
    (3) Does the format of the rule (grouping and order of sections, 
use of headings, paragraphing, etc.) aid or reduce its clarity?
    (4) Would the rule be easier to understand if it 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.  243.2 What terms do I need to know?)
    (5) Is the description of the rule in the SUPPLEMENTARY INFORMATION 
section of the preamble helpful in understanding the proposed rule?
    (6) What else could we do to make the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. 
You may also e-mail the comments to this address: [email protected]

Public Comment Solicitation

    If you wish to comment on this proposed rule, you may mail or hand-
deliver your written comments to the person listed in the ADDRESSES 
section of this document. Submissions by facsimile should be sent to 
(907) 586-7120. We cannot accept electronic submissions at this time. 
All written comments received by the date indicated in the DATES 
section of this document will be carefully assessed and fully 
considered prior to publication of a final rule.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record. We will honor the 
request to the extent allowable by law. There also may be circumstances 
in which we would withhold from the rulemaking record a respondent's 
identity, as allowable by law.
    If you wish us to withhold your name and/or address, you must state 
this prominently at the beginning of your comment. However, we will not 
consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection in their entirety.

List of Subjects in 25 CFR Part 243

    Indians--Alaska natives, Livestock--Reindeer.

    Dated: February 27, 2004.
David W. Anderson,
Assistant Secretary--Indian Affairs.

    For the reasons discussed in the preamble, the Bureau of Indian 
Affairs proposes to add 25 CFR part 243 to read as follows:

PART 243--REINDEER IN ALASKA

Sec.
243.1 What is the purpose of this part?
243.2 What terms do I need to know?
243.3 Delegation of authority.
243.4 Who can own or possess Alaskan reindeer?
243.5 Who can own or possess imported reindeer, and what limitations 
apply?
243.6 Which sales or transfers do not require a permit?
243.7 How can a non-Native acquire live reindeer?
243.8 What penalties apply to violations of this part?
243.9 Who may inherit live Alaskan reindeer and by what means?
243.10 Information collection.
243.11 Are transfers of Alaskan reindeer that occurred before 
issuance of this part valid?
243.12 Are Alaskan reindeer trust property owned by the U.S. 
Government for the benefit of Alaska Natives?
243.13 Who may appeal an action under this part?

    Authority: Sec. 12, 50 Stat. 902; 48 U.S.C. 250k. Interpret or 
apply sec. 3, 50 Stat. 900.

Sec.  243.1  What is the purpose of this part?

    The Department's policy is to encourage and develop the activity 
and responsibility of Alaska Natives in all branches of the reindeer 
industry or business in Alaska, and to preserve the Native character of 
that industry or business. This part contains requirements governing 
acquiring and

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transferring reindeer and reindeer products in Alaska.


Sec.  243.2  What terms do I need to know?

    Act means the Reindeer Industry Act of September 1, 1937, 50 Stat. 
900 (25 U.S.C. 500 et seq.), as amended.
    Alaska Native means:
    (1) Eskimos, Indians, and Aleuts inhabiting Alaska at the time of 
the Treaty of Cession of Alaska to the United States and their 
descendants; and
    (2) Indians and Eskimos who, since the year 1867 and before 
September 1, 1937, migrated into Alaska from the Dominion of Canada, 
and their descendants currently living in Alaska.
    Alaskan Reindeer means:
    (1) All reindeer descended from those present in Alaska at the time 
of passage of the Act; and
    (2) Any caribou introduced into animal husbandry or that have 
joined reindeer herds.
    BIA means the Bureau of Indian Affairs.
    Designee means the person assigned by the Alaska Regional Director 
to administer the reindeer program.
    Imported reindeer means reindeer brought into Alaska from any 
region outside of Alaska by non-Native persons since passage of the 
Act. It does not include ``Alaskan'' reindeer sold live and shipped out 
of Alaska, or their descendants, that have been returned to Alaska.
    Native reindeer organization means any corporation, association, or 
other organization, whether incorporated or not, composed solely of 
Alaska Natives, for the purpose of engaging in or promoting the 
reindeer industry.
    Non-Native means a person who is not an Alaska Native.
    Regional Director means the officer in charge of the Alaska 
Regional Office of the Bureau of Indian Affairs.
    Reindeer products mean the meat, hide, antlers, or any other 
products derived from reindeer.
    Transfer means the conveyance of ownership of reindeer or reindeer 
products, or any interest in them or interest in an Alaska Native 
reindeer organization, by any method.
    We, us and our mean the Regional Director or the Director's 
designee.


Sec.  243.3  Delegation of authority.

    The Secretary of the Interior has delegated authority under the Act 
through the Assistant Secretary `` Indian Affairs to the Alaska 
Regional Director of the Bureau of Indian Affairs. All claims of 
ownership of reindeer in Alaska, as required by the Act (section 500b), 
must be filed with the Regional Director or the Director's designee.


Sec.  243.4  Who can own or possess Alaskan reindeer?

    (a) Only Alaska Natives, organizations of Alaska Natives, or the 
United States for the benefit of these Natives, can own Alaskan 
reindeer in Alaska.
    (1) Any transfer not allowed by this part is not legal, and does 
not confer ownership or the right to keep Alaskan reindeer, reindeer 
products, or any interest in them.
    (2) Anyone violating this part will forfeit their reindeer or 
reindeer products to the Federal Government.
    (b) An Alaska Native or a Native reindeer organization may transfer 
reindeer that they own to other Alaska Natives or Native reindeer 
organizations without restriction, except as provided in this part.
    (c) We may maintain reindeer for research projects, so long as the 
purpose of the research benefits the Native reindeer industry. We 
retain title to these reindeer and will determine their eventual 
disposition.
    (d) A non-Native manager of Alaskan reindeer must, by the last day 
of September each year:
    (1) Provide us a copy of the contract with the Native reindeer 
owner; and
    (2) Provide us a written report of all Alaskan reindeer kept, born, 
died or transferred.
    (e) We may permit possession of a limited number of Alaskan 
reindeer by a non-Native applicant under a Special Use Permit for 
Public Display.
    (1) We can revoke this permit for cause.
    (2) The permit will not allow the permit-holder to keep a breeding 
herd (i.e., a herd that is capable of reproduction).
    (3) The permit holder must report to us in writing by the last day 
of September each year on all reindeer held under this permit.


Sec.  243.5  Who can own or possess imported reindeer, and what 
limitations apply?

    (a) Anyone, including non-Natives, may own imported reindeer in 
Alaska for any legitimate purpose, subject to State and Federal animal 
health laws and regulations.
    (b) Imported reindeer must not be intermingled with, or be bred to, 
Alaskan reindeer without our written consent. Any offspring resulting 
from a mating with Alaskan reindeer are considered Alaskan reindeer and 
a non-Native owner may not maintain these reindeer alive in Alaska.
    (c) This paragraph applies if a non-Native owner of imported 
reindeer in Alaska contracts with a Native reindeer owner to keep and 
manage the imported reindeer. The owner must:
    (1) Distinguish the imported reindeer from the Alaskan reindeer by 
applying a distinctly different permanent earmark or tattoo on all 
imported reindeer; and
    (2) Register the earmark or tattoo with the State Division of 
Agriculture book of livestock brand marks.


Sec.  243.6  Which sales or transfers do not require a permit?

    The following transfers do not require a permit:
    (a) Sale by Alaska Natives of dead reindeer or reindeer products to 
non-Natives; and
    (b) Transfer of live reindeer between unrelated Alaska Natives.


Sec.  243.7  How can a non-Native acquire live reindeer?

    If you are a non-Native who wants to acquire live Alaskan reindeer, 
you must apply to us in writing. We will either grant the request and 
issue a written permit valid for 90 days or reject the request and give 
our reasons in writing. Any transfer that we authorize is subject to 
the following conditions.
    (a) The transfer must meet the requirements of the Act and this 
part.
    (b) Within 30 days of transfer, you must either butcher the 
reindeer in Alaska or ship them out of Alaska. If you ship the reindeer 
out alive:
    (1) You must comply with all Federal and State animal health 
regulations governing transfers and shipments; and
    (2) The reindeer and their descendants must never be brought back 
to Alaska alive.
    (c) Within 30 days of the transfer, you must report to us the 
actual number of reindeer transferred or slaughtered.


Sec.  243.8  What penalties apply to violations of this part?

    If you are a non-Native transferee of live Alaskan reindeer who 
violates the provisions of this part, you are subject to the penalties 
in this section.
    (a) Under 25 U.S.C. 500i, you can be fined up to $5,000 if you:
    (1) Take possession of reindeer without a permit issued under Sec.  
243.7; or
    (2) Do not abide by the terms of a permit issued under Sec.  243.7 
(including the requirement you slaughter or export the reindeer within 
30 days and not bring them back alive into Alaska).
    (b) Under 25 U.S.C. 500b, you are barred from asserting your title 
to the reindeer if you:
    (1) Do not obtain from us a transfer permit and fully comply with 
its terms; or
    (2) Fail to file with us a claim of title to reindeer within 30 
days of acquiring them.

[[Page 11788]]

Sec.  243.9  Who may inherit live Alaskan reindeer and by what means?

    (a) Privately owned live Alaskan reindeer may pass to the deceased 
owner's Native heirs by descent or devise.
    (b) This paragraph applies if the final probate decree of the 
Department of the Interior, or the decision of any reviewing Federal 
court, identifies a non-Native as inheriting Alaskan reindeer. The non-
Native may inherit, but must be allowed no more than 30 days from 
receiving the final determination of heirship to:
    (1) Slaughter the reindeer;
    (2) Apply for a permit to transfer the reindeer to an out-of-state 
transferee; or
    (3) Apply for a permit to transfer ownership of the reindeer to one 
or more Alaska Native family members or other Alaska Native(s).


Sec.  243.10  Information collection.

    The Department of the Interior collects information for the 
Reindeer Act to ensure compliance with its terms, to monitor the 
industry in Alaska, and to maintain a complete and self-sustaining 
economy for Alaska Natives (25 U.S.C. 500f). The collection of 
information as required in Sec. Sec.  243.4, 243.5, 243.6, 243.7 and 
243.8 has not been approved by the Office of Management and Budget 
under 44 U.S.C. 3507; a previously assigned clearance number 1076-0047 
was allowed to expire. A request has been submitted to the Office of 
Management and Budget for review and reinstatement of this control 
number.


Sec.  243.11  Are transfers of Alaskan reindeer that occurred before 
issuance of this part valid?

    All transfers of live Alaskan reindeer or reindeer products that 
were completed before the effective date of this part are hereby 
ratified and confirmed. This ratification does not extend to transfers 
that:
    (a) Were fraudulent;
    (b) Were made under duress;
    (c) Did not result in payment of fair compensation to the Native 
transferer; or
    (d) Would have been prohibited under Sec. Sec.  243.6 or 243.8 of 
this part.


Sec.  243.12  Are Alaskan reindeer trust property owned by the U.S. 
Government for the benefit of Alaska Natives?

    Except for reindeer maintained by BIA for research purposes or 
under other special use permits, all Alaskan reindeer are the private 
property of their Native owners subject only to:
    (a) The restrictions of the Reindeer Act; and
    (b) BIA's responsibility to ensure that any transfers of ownership 
are in accordance with this part.


Sec.  243.13  Who may appeal an action under this part?

    Any interested party adversely affected by a decision under this 
part has the right of appeal as provided in 25 CFR part 2, and 43 CFR 
part 4, subpart D.

[FR Doc. 04-5467 Filed 3-10-04; 8:45 am]
BILLING CODE 4310-W7-P