[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54364-54367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21385]
[[Page 54364]]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 90
[212A2100DD/AAKC001030/A0A501010.999900]
RIN 1076-AF58
Election of Officers of the Osage Minerals Council
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule.
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SUMMARY: The Bureau of Indian Affairs (BIA) is finalizing revisions to
its regulations governing elections of the Osage Nation. These
revisions update and limit the Secretary's role to the task of
compiling a list of voters for Osage Minerals Council elections. These
changes reaffirm the inherent sovereign rights of the Osage Nation to
determine its membership and form of government.
DATES: This rule is effective on November 1, 2021.
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Office of Regulatory
Affairs & Collaborative Action, telephone (202) 273-4680,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
II. History of the Rule
III. Overview of Rule
IV. Changes From Proposed Rule to Final Rule
V. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement and Fairness Act
D. Unfunded Mandates Reform Act of 1995
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Paperwork Reduction Act
I. National Environmental Policy Act (NEPA)
J. Consultation With Indian Tribes (E.O. 13175)
K. Energy Effects (E.O. 13211)
I. Statutory Authority
BIA is finalizing this rule under the authority of the Act of June
28, 1906, Public Law 59-321, 34 Stat. 539, as amended by the Act of
December 3, 2004, Public Law 108-431, 118 Stat. 2609.
II. History of the Rule
The Department of the Interior provided testimony in support of the
legislation proposed by the Osage Nation when the Nation sought to
exercise its inherent sovereign rights. Thereafter, the United States
Congress reaffirmed in 2004 the Nation's rights to determine its
membership and form of government. The following discussion sets forth
a brief historical account of the relationship between the Osage Nation
and the Federal government.
In 1906, the Congress enacted the Osage Allotment Act, which is
unique among Federal Indian laws in that it restricted the Osage Nation
from defining its own membership rules, and prescribes a particular
form of government, which the Nation could not change without seeking
amendment or clarification of Federal law. In 2002, the 31st Osage
Tribal Council, formed pursuant to the Osage Allotment Act, actively
began seeking a legislative remedy to address the restrictions
contained in the Osage Allotment Act.
On July 25, 2003, Congressman Frank Lucas (R-OK) introduced H.R.
2912, a bill reaffirming the rights of the Osage Nation to form its own
membership rules and tribal government, provided that no rights to any
shares in the mineral estate of the Nation's reservation are
diminished. The bill also directs the Secretary of the Interior to
assist the Nation in holding appropriate elections and referenda at the
request of the Nation.
H.R. 2912 was referred to the Committee on Resources. On March 15,
2004, that Committee held a hearing on the bill in Tulsa, Oklahoma.
Osage Nation officials, a BIA representative, and Osage people
testified in favor of the bill. On May 5, 2004, the bill was favorably
reported to the House of Representatives by unanimous consent. See H.
Rpt. 108-502. On June 1, 2004, the House of Representatives passed the
bill and then sent it to the Senate, and it was referred to the
Committee on Indian Affairs.
On July 14, 2004, the Committee on Indian Affairs favorably
reported H.R. 2912 to the Senate with a ``do pass'' recommendation.
President Bush signed H.R. 2912 into law on December 3, 2004, and
became Public Law 108-431, 118 Stat. 2609.
The Commission began conducting town hall meetings in April 2005.
Meetings were conducted in all Osage communities and other geographic
areas with large concentrations of Osages. This was followed by a
written survey mailed to all Osages with a Certificate of Degree of
Indian Blood (CDIB) card. Input from the meetings and data obtained
from the survey results were compiled to formulate key questions put
forward to the Osage people for a vote in a referendum in November
2005.
The results from the referendum were used to draft an Osage
Constitution, which was ratified on March 11, 2006, in a second
referendum vote. The Osage Nation adopted a new constitutional form of
government reorganized from a Tribal Council system into a tripartite
system, which now includes an executive, legislative and judicial
branch with a separation of powers between the three branches.
This was followed on June 5, 2006, by the election of a Principal
Chief and Assistant Principal Chief, Osage Nation Congress, and Osage
Minerals Council. At the request of the Nation, the BIA provided
technical assistance in conducting the election in accordance with
Public Law 108-431, 118 Stat. 2609. With the elections completed, all
elected officials were sworn into their respective offices on July 3,
2006. Upon the swearing in of these elected officials, governmental
authority passed from the Osage Tribal Council to the Osage Nation
Constitutional Government. Thereafter, the Osage Tribe of Indians of
Oklahoma became the Osage Nation.
In 2008, the BIA formally acknowledged the name change of the Tribe
from the Osage Tribe of Indians of Oklahoma to the Osage Nation and
published the change in the Federal Register in the list of Indian
Entities Recognized and Eligible to Receive Services from the United
States Bureau of Indian Affairs. (See, 73 FR 18553, April 4, 2008).
Further communication between the Nation and the BIA eventually
resulted in an agreement to begin an informal negotiated rulemaking
process. In February 2010, representatives from the Osage Nation, the
BIA Eastern Oklahoma Region, Osage Agency, the BIA Eastern Oklahoma
Region, Eastern Oklahoma Regional Office, the Tulsa Field Solicitor's
Office, and the BIA Central Office convened to form a joint regulation
negotiation team. The team completed new and revised regulations to
cover 25 CFR parts 90, 91, 117, and 158. The June 2010 Election
resulted in a change of administration of the Osage Nation, thereby,
starting the process over again with a new vision from Osage Nation.
The Osage Nation formed a new team in 2019 and they have reviewed and
revised regulations to cover 25 CFR part 90. The team will continue
working on parts 91, 117, and 158.
III. Overview of Rule
This rule governs BIA's role in providing information to the Osage
Minerals Council Election Board for purposes of notice. The existing 25
CFR part 90 is the authority for the release of otherwise potentially
confidential
[[Page 54365]]
information to the Osage Minerals Council Election Board. The
alternative to these amendments would deprive the Osage Nation of the
information it needs to accurately identify Osage voters. Amendments to
this part focus on the BIA's procedures in compiling a complete
annuitant list with addresses and headright interests to the Osage
Minerals Council Election Board for purposes of identifying Osage
voters.
This rule deletes most provisions of part 90 in their entirety
because of the enactment of the Public Law 108-431, 118 Stat. 2609, and
subsequent adoption of the Constitution of the Osage Nation. Thus, the
remaining purpose of this part is the authority for BIA to provide a
list to the Osage Minerals Council Election Board of eligible headright
interest owners in the manner requested by the Osage Nation. The
Department may not generally release this information but this part
provides authority for the release solely to the Osage Minerals Council
Election Board for purposes of conducting elections for the Osage
Minerals Council. The Privacy Act does not prohibit disclosure of the
headright interests of eligible Osage voters for this purpose. The
Department may provide the list of eligible headright interest owners
as a routine use under the Privacy Act.
In response to the Constitution of the Osage Nation, the BIA
significantly reduced its role in the elections of the Osage Nation as
of June 2006. The only remaining portion in part 90 describes the
current role of the BIA in the Osage Minerals Council election process.
The following distribution table indicates where each of the
current regulatory sections in 25 CFR part 90 is located in the new 25
CFR part 90.
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Current 25 CFR Sec. New 25 CFR Sec. Title Description of change
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N/A.................................. 90.100................. What role does BIA play Consolidated current
in the Osage Minerals Sec. Sec. 90.21 and
Council elections? 90.35 into one new
section.
90.1................................. N/A.................... General, Definitions... Deleted.
90.2................................. N/A.................... General, Statutory Deleted.
provisions.
90.21................................ N/A.................... Eligibility, General... Revised and
incorporated into the
new Sec. 90.100.
90.30................................ N/A.................... Elections, Nominating Deleted.
conventions and
petitions.
90.31................................ N/A.................... Elections, Deleted.
Applicability.
90.32................................ N/A.................... Elections, Election Deleted.
Board.
90.33................................ N/A.................... Elections, Watchers and Deleted.
challengers.
90.34................................ N/A.................... None (Apparently
omitted).
90.35................................ N/A.................... Elections, List of Revised and
voters. redesignated as Sec.
90.100 (see first
row).
90.36................................ N/A.................... Elections, Disputes on Deleted.
eligibility of voters.
90.37................................ N/A.................... Elections, Election Deleted.
Notices.
90.38................................ N/A.................... Elections, Opening and Deleted.
closing of poll.
90.39................................ N/A.................... Elections, Voters to Deleted.
announce name and
residence.
90.40................................ N/A.................... Elections, Ballots..... Deleted.
90.41................................ N/A.................... Elections, Absentee Deleted.
voting.
90.42................................ N/A.................... Elections, Absentee Deleted.
ballots.
90.43................................ N/A.................... Elections, Canvass of Deleted.
election returns.
90.44................................ N/A.................... Elections, Statement of Deleted.
supervisor.
90.46................................ N/A.................... Elections, Notification Deleted.
of election of tribal
officers.
90.47................................ N/A.................... Elections, Contesting Deleted.
elections.
90.48................................ N/A.................... Elections, Notice of Deleted.
Contest.
90.49................................ N/A.................... Elections, Expenses of Deleted.
elections.
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IV. Changes From Proposed Rule to Final Rule
On December 4, 2020 (85 FR 78300), the BIA published a proposed
rule to update Federal regulations related specifically to the Osage
Nation so that the regulations align with the Osage Nation's new form
of government and address outdated regulations. The proposed rule was
developed through a consensus-oriented process conducted between the
BIA and the Osage Nation.
During the public comment period on the proposed rule, the BIA
received two comments: One from an individual in support of the rule,
the other from the Osage Minerals Council expressing general support
for the proposed rule but requesting a change in the nomenclature of
the titles and entities that conduct the elections to reflect the
sovereign authority of the Osage Nation and the Osage Minerals Council
to change that nomenclature. Specifically, the Osage Minerals Council
requested that ``supervisor of the Osage Minerals Council Election
Board'' be changed to the ``Osage Minerals Council's designee charged
with carrying out Osage Minerals Council elections.'' The final rule
makes this change.
The Osage Nation also requested clarification that the list of
names the Osage Agency Superintendent provides be based on the
quarterly annuity roll at the Osage Agency as of the last quarterly
payment ``of the last full quarter'' immediately preceding the date of
the election. To clarify which quarterly annuity roll is intended as
the basis for the list, the final rule specifies that it will be the
March quarterly annuity payment. Elections are held in June so the
voters list would reflect the March annuity payment. This revision
avoids the potential for misinterpretation of which quarter's annuity
roll is intended.
V. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) at the Office of Management
and Budget (OMB) will review all significant rules. OIRA has determined
that this rule is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The E.O. directs agencies to consider
[[Page 54366]]
regulatory approaches that reduce burdens and maintain flexibility and
freedom of choice for the public where these approaches are relevant,
feasible, and consistent with regulatory objectives. E.O. 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. We have developed this
rule in a manner consistent with these requirements.
B. The 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 under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
C. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. Because this rule is
exclusively confined to the Federal Government, Osage Indians, and the
Osage Nation, this rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(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.
D. Unfunded Mandates Reform Act of 1995
This rule does not impose an unfunded mandate on State, local, or
Tribal governments or the private sector of more than $100 million per
year. The rule does not have a monetarily significant or unique effect
on State, local, or Tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
This rule does not affect a taking of private property or otherwise
have taking implications under Executive Order 12630 because this rule
does not affect individual property rights protected by the Fifth
Amendment or involve a compensable ``taking.'' A takings implication
assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. A federalism
summary impact statement is not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule: (a) Meets the criteria of section 3(a)
requiring that all regulations be reviewed to eliminate errors and
ambiguity and be written to minimize litigation; and (b) Meets the
criteria of section 3(b)(2) requiring that all regulations be written
in clear language and contain clear legal standards.
H. Consultation With Indian Tribes (E.O. 13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with federally recognized Indian
Tribes through a commitment to consultation with these Indian Tribes
and recognition of their right to self-governance and Tribal
sovereignty. We have evaluated this rule under the Department's
consultation policy and under the criteria in Executive Order 13175 and
have determined that it has substantial direct effects on one federally
recognized Indian Tribe because the rule directly addresses the Osage
Nation. The Department consulted with the Osage Nation on this rule.
This rulemaking is a result of a consensus-oriented process conducted
between the Department of the Interior and the Osage Nation to identify
a rulemaking strategy to address issues and concerns contained in the
regulations related specifically to the Osage Nation, which no longer
align with the Nation's form of government. The purpose of this
rulemaking is to allow the Department of the Interior to better meet
its fiduciary trust responsibilities and to carry out the policies
established by the Congress to strengthen Tribal sovereignty with
regard to elections of Osage Nation officers.
I. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not
required. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
J. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because this is an administrative and procedural regulation.
(For further information see 43 CFR 46.210(i)). We have also determined
that the rule does not involve any of the extraordinary circumstances
listed in 43 CFR 46.215 that would require further analysis under NEPA.
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
List of Subjects in 25 CFR Part 90
Elections, Indians--tribal government.
0
For the reasons given in the preamble, the Department of the Interior
revises 25 CFR part 90 to read as follows:
PART 90--ELECTIONS OF OSAGE MINERALS COUNCIL
Sec.
90.100 What role does the Bureau of Indian Affairs (BIA) play in the
Osage Minerals Council's elections?
90.101 [Reserved]
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9; Sec. 9, Pub. L. 59-
321, 34 Stat. 539; Pub. L. 108-431, 118 Stat. 2609, 118 Stat. 2609.
Sec. 90.100 What role does the Bureau of India Affairs (BIA) play in
the Osage Minerals Council's elections?
(a) The Superintendent of the Osage Agency must compile, at the
request of the Chair of the Osage Minerals Council, a list of the
voters of Osage descent who will be 18 years of age or over on the
election day designated by the Osage Minerals Council and whose names
appear on the March quarterly annuity roll at the Osage Agency as of
the March quarterly payment immediately preceding the date of the
election. Such list must set forth only the name and last known address
of each voter.
(b) For purposes of calculating votes, the Superintendent must
furnish to the Osage Minerals Council designee charged with carrying
out Osage Minerals Council elections a separate list containing the
name and last known address of each eligible voter and including the
voter's headright interest shown on the last March quarterly annuity
roll.
[[Page 54367]]
Sec. 90.101 [Reserved]
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2021-21385 Filed 9-30-21; 8:45 am]
BILLING CODE 4337-15-P