Title 25—Indians--Volume 1
PART 243—REINDEER IN ALASKA
§ 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 and business in Alaska, and to preserve the Native character of that industry and business. This part contains requirements governing acquisition and transferring reindeer and reindeer products in Alaska.
§ 243.2   What terms do I need to know?
Act means the Reindeer Act of September 1, 1937 (50 Stat. 900; 25 U.S.C. 500 et seq. ), as amended.
Alaska Native means Eskimos, Indians, and Aleuts inhabiting Alaska at the time of the Treaty of Cession of Alaska to the United States 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 has joined a reindeer herd.
BIA means the Bureau of Indian Affairs within the United States Department of the Interior.
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 since passage of the Act.
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.
§ 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.
§ 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.
§ 243.5   Who can own 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 non-Native 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.
§ 243.6   Which sales or transfers of Alaskan reindeer do not require a permit?
The following transfers do not require a permit:
(a) Sale or transfer by Alaska Natives of dead reindeer or reindeer products; and
(b) Sale of transfer of live reindeer between Alaska Natives or Native reindeer organizations.
§ 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 shipped out or slaughtered.
§ 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 $7,662 if you:
(1) Take possession of reindeer without a permit issued under § 243.7; or
(2) Do not abide by the terms of a permit issued under § 243.7 (including the requirement that 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 a transfer permit from us 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.
§ 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) In the event of the death of an owner of Alaskan reindeer, any direct or indirect interest by descent or devise shall be determined by the Department of Interior in a proceeding conducted in accordance with the provisions of 43 CFR part 4, subpart D. During the pendency of such a proceeding, the authority to assume control over the affected Alaskan reindeer pursuant to 43 CFR 4.270 may be exercised by the Alaska Regional Director or his designee.
(c) 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) Transfer ownership of the reindeer to one or more Alaska Native family members or other Alaska Native(s).
§ 243.10   How does the Paperwork Reduction Act affect this rule?
The actions in this rule that are covered by the Paperwork Reduction Act are cleared under OMB Control Number 1076-0047. The parts subject to this control number are 243.4(d), 243.4(e), 243.5(c), 243.7, and 243.9(c). Please note, a Federal agency 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.
§ 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 §§ 243.6 or 243.8 of this part.
§ 243.12   Are Alaska reindeer trust assets maintained by the U.S. Government for the benefit of Alaska Natives?
Only the titles to Alaskan reindeer retained for research projects, or possessed by non-Natives under Special Use Permits for Public Display, or the titles to any Alaskan reindeer which may be acquired by the Government in the future for purposes of reestablishing a reindeer loan program, are held by the United States in trust for Alaska Natives. Other Alaskan reindeer are the private property of the Alaska Native owners. However, a trust responsibility continues to exist with respect to all Alaskan reindeer, insofar as the Government remains responsible for carrying out the provisions of the Reindeer Act and these regulations, including the provisions requiring approval of transfers to non-Natives, and providing for the determination of inheritance.
§ 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.