[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Proposed Rules]
[Pages 58654-58657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20164]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2560

[WO-350-1410-00-24 1A]
RIN 1004-AD60


Alaska Native Veterans Allotments

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) proposes to amend 
regulations published in the Federal Register on Friday, June 30, 2000 
(65 FR 40953). The existing regulations allowed certain Alaska Native 
veterans another opportunity to apply for a Native allotment under the 
repealed Native Allotment Act of 1906. This proposed rulemaking would 
delete the requirement that veteran applicants must post the land by 
marking all corners of the ground with their name and address prior to 
filing an application with the BLM. Enforcement of the posting rule for 
allotments adjudicated under the 1906 Act was previously waived by an 
Assistant Secretary. Therefore, the posting requirement is deemed 
unnecessary for Native veteran allotment cases.

DATES: Comments: Send your comments to reach the BLM on or before 
December 6, 2005. The BLM will not necessarily consider any comments 
received after the above date during its decision on the proposed rule.

ADDRESSES: You may mail comments to Director (630), Bureau of Land 
Management, Eastern States Office, 7450 Boston Boulevard, Springfield, 
Virginia 22153.
    Hand Delivery: 1620 L. Street, NW., Suite 401, Washington, DC 
20036.
    E-mail: [email protected].
    Federal eRulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mike Haskins, Division of Conveyance 
Management, Bureau of Land Management, 222 West 7th Avenue 13, 
Anchorage, Alaska 99513; telephone (907) 271-3351; or Kelly Odom, 
Bureau of Land Management, Regulatory Affairs Group, Mail Stop 401, 
1620 L Street, NW., Washington, DC 20036; telephone (202) 452-5028. 
Persons who use a telecommunications device for the deaf (TDD) may 
contact these persons through the Federal Information Relay Service 
(FIRS) 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

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. The BLM may not necessarily consider or 
include in the Administrative Record for the final rule comments which 
the BLM receives after the close of the comment period (See DATES) or 
comments delivered to an address other than those listed above (See 
ADDRESSES).

[[Page 58655]]

    Comments including names, street addresses, and other contact 
information of respondents, will be available for public review at 1620 
L Street, NW., Room 401, Washington, DC, 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 the 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. The 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 Veterans Allotment Act of 1998 (Act), (Section 
432 of Pub. L. 105-276), as amended, authorized allotments for certain 
Alaska Native veterans who served in the U.S. military during the 
Vietnam era. The Act provided an opportunity to file allotment 
applications for veterans who may have missed their chance to file 
(under the 1906 Native Allotment Act) as a direct result of their 
military service. The Act provided an 18 month application period which 
began on July 31, 2000 and ended on January 31, 2002. Regulations 
promulgated to implement the Act included a requirement for applicants 
to post the corners of their claims before filing their applications 
with the BLM. The BLM issued the regulations requiring posting before 
filing because we believed that physical markings on the land would 
facilitate the processing of the veteran applications and help finalize 
state and Native conveyance entitlements.

III. Discussion of Proposed Rule

    The BLM, Bureau of Indian Affairs (BIA), Alaska Legal Services and 
BIA service providers notified Alaska Native veterans that it was 
critical that they submit their applications before the filing 
deadline. The BLM estimates almost 90% of the applicants failed to post 
their claim as the regulations require by January 31, 2002, the end of 
the application filing period. An applicant's failure to post its claim 
is a legal defect requiring the BLM to reject the claim. The BLM does 
not wish to reject a large percentage of applications because the 
corners of claims were not posted. Rejecting these claims for this 
reason alone is contrary to the purpose of the 1998 Act which was to 
provide another opportunity for certain veterans to file allotment 
applications. The BLM has determined that it would be inequitable to 
enforce a non-statutory requirement for the Vietnam veterans who timely 
filed their applications but did not post their claims. The BLM wants 
to give veteran applicants an opportunity to apply for a Native 
Allotment on the same basis as other applicants. Therefore, the BLM is 
proposing to amend 43 CFR 2568.74(d) by removing the requirement to 
post parcels and to delete 43 CFR 2568.77, which requires applicants to 
post corners of their claims.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    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. This rule does not alter the budgetary 
effects of entitlements, grants, user fees, or loan programs or the 
rights or obligations of their recipients; nor does this rule raise 
novel legal or policy issues. Eliminating the posting requirement would 
only impact a limited number of individual Alaska Native Veteran 
applicants, Interior agencies, and tribal offices that are assisting 
applicants.
    b. This rule will not create inconsistencies with other agencies' 
actions. The effect of this rule 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 was limited by law 
to 18 months and has passed; the 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.
    c. This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
Eliminating the posting requirement would impact a limited number of 
individual Alaska Native Vietnam Veteran applicants, Interior agencies, 
and tribal offices that are assisting applicants. It will have no 
affect on budgetary entitlements, grants, user fees, or loan programs.
    d. This rule will not raise novel legal or policy issues. This rule 
will place Alaska Native Vietnam Veteran applicants in the same 
position as those applicants who filed under the initial 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?
    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
    We have analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act and 516 DM. An environmental 
assessment is not required. 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 Alaska Native Claims 
Settlement Act of 1971 (43 U.S.C. 1601 et seq.) exempt from NEPA 
compliance requirements. Since the Alaska Native Veterans Allotment Act 
is part of ANCSA, NEPA does not apply.
Regulatory Flexibility Act
    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.). An initial Regulatory 
Flexibility Analysis is not required. Accordingly, a Small Entity 
Compliance Guide is not required. This rule will only apply to

[[Page 58656]]

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 Regulatory 
Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
    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. This rule would result in some costs saving to allotment 
applicants because under this rule they would no longer be required to 
post the corners of the lands in their applications. The Department of 
the Interior will have to implement the allotment program over the next 
several years, but these costs will be far below $100 million per year. 
Enforcing the posting requirement would cost the Department more than 
eliminating the posting requirements that we have determined to be 
unnecessary.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This rule will result in some costs 
saving to allotment applicants.
    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. 
Eliminating the posting requirement would have a positive impact on a 
limited number of individual Alaska Native Vietnam Veterans, Interior 
agencies, and tribal offices who are helping the applicants. The BLM 
will not have any additional applicants because of this revised rule. 
The original regulations provided for the filing of applications.
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. 
Eliminating the posting requirement will potentially result in minimal 
savings to tribal governments assisting veteran applicants.
    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.

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

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A taking implication assessment is 
not required. This rule does not represent a government action capable 
of interfering with constitutionally protected property rights. 
Eliminating the posting requirement will have no effect on the use or 
value of protected property rights. Therefore, the Department of the 
Interior determines that this rule will not cause a taking of private 
property or require further discussion of takings implications under 
this Executive Order.

Executive Order 13132, Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. This rule would not have 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. Eliminating the posting requirement would 
have a neutral effect on the State of Alaska. Therefore, in accordance 
with Executive Order 13132, the BLM has determined that this proposed 
rule does not have sufficient Federalism implications to warrant 
preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and does not meet 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), E.O. 13175, and 512 DM 2 we have 
identified potential effects on Indian trust resources and they are not 
addressed in this rule. The rule would result in more allotments being 
conveyed.
    Section 41 of ANCSA, which authorizes Native allotments for certain 
veterans, specifically requires that the Department of the Interior 
promulgate regulations ``after consultation with Alaska Natives 
groups.'' The BLM consulted with the BIA throughout the process of the 
initial rulemaking and held public meetings to discuss the rule with 
Native entities, including tribes. The BLM solicited Native's views 
very early in the rulemaking process and the BLM considered written 
comments received from tribes and other Native entities in the final 
rule. The 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 have consulted with the affected tribes.
    b. We have consulted with tribes on a government-to-government 
basis and the consultations have been open and candid so that the 
affected tribes could fully evaluate the potential impact of the rule 
on trust resources.
    c. We will consider tribal views in the final rule.
    d. We have consulted with the appropriate bureaus and offices of 
the Department about the potential effects of this rule on Indian 
tribes. We consulted with the Bureau of Indian Affairs and the Division 
of Indian Affairs, Office of the Solicitor.
    The elimination of the posting requirement would more closely 
comply with verbal and written comments received as a result of the 
above consultation.

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

    In accordance with Executive Order 13211, this regulation does not 
have a significant effect on the nation's energy supply, distribution, 
or use, including a shortfall in supply or price increase. This rule is 
not a significant energy action. It will not have an adverse effect on 
energy supplies. This rule will apply only to Alaska Native veterans 
and to a specific class of Alaskan Native veteran's heirs who are 
eligible to apply for allotments.

Paperwork Reduction Act

    The BLM has determined this rulemaking does not contain any new 
information collection requirements that the Office of Management and 
Budget must approve under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

Effects on Endangered Species or Critical Habitat

    In accordance with the Endangered Species Act, this regulation does 
not have an effect on an endangered species or critical habitat. This 
rule will expedite the conveyance of otherwise

[[Page 58657]]

valid allotment claims for a small number of Alaska Native Veterans who 
have already applied.
    Author: The principal author of this rule is Mike Haskins, Division 
of Conveyance Management, Bureau of Land Management, Anchorage, Alaska; 
assisted by Kelly Odom of the 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 27, 2005.
Chad Calvert,
Acting Assistant Secretary, Land and Minerals Management.

    For the reasons set forth in the preamble and under the authority 
of the Alaska Native Veterans Allotment Act of 1998 (Section 432, Pub. 
L. 105-276) the BLM proposes to amend part 2560 of Title 43 of the Code 
of Federal Regulations as set forth below:

PART 2560--ALASKA OCCUPANCY AND USE

    1. Revise the authority citation for part 2560 to read as follows:

    Authority: 43 U.S.C. 1629g(e).

    2. Revise paragraph (d) of Sec.  2568.74 to read as follows:


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

* * * * *
    (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 the BLM to locate 
the parcel on the ground. You must also estimate the number of acres in 
each parcel.


Sec.  2568.77  [Removed and Reserved]

    3. Remove and reserve Sec.  2568.77.

[FR Doc. 05-20164 Filed 10-6-05; 8:45 am]
BILLING CODE 4310-84-P