9836 Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 61 

RIN 1076–AE44 

Preparation of Rolls of Indians 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Bureau of Indian Affairs 

is amending its regulations governing 

the compilation of rolls of Indians in 

order to open the enrollment 

application process for the Western 

Shoshone Identifiable Group of Indians. 

The enrollment application process will 

give individuals an opportunity to file 

applications to share in the Western 

Shoshone judgment fund distribution 

authorized under the Western Shoshone 

Claims Distribution Act of July 7, 2004. 

DATES: Effective Date: This rule becomes 

effective on April 4, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Daisy West, Office of Indian Services, 

Bureau of Indian Affairs, 1849 C Street, 

NW., Mail Stop 4513–MIB, Washington, 

DC, (202) 513–7641. 

SUPPLEMENTARY INFORMATION: The 

authority to issue this document is 

vested in the Secretary of the Interior by 

5 U.S.C. 301, 25 U.S.C. 2 and 9, and 

Public Law 108–270, 118 Stat. 805. The 

Secretary has delegated this authority to 

the Principal Deputy Assistant 

Secretary—Indian Affairs by part 209 of 

the Departmental Manual. 

Background 

The Western Shoshone Judgment 

Fund Distribution Act dated July 7, 

2004, Pub. L. 108–270, 118 Stat. 805 

(Act), requires the Secretary of the 

Interior to establish a judgment fund per 

capita roll to distribute the judgment 

funds awarded to the Western Shoshone 

by the Indian Claims Commission on 

August 15, 1977, in Docket No. 326–K. 

The Act also establishes a Western 

Shoshone Educational Fund with the 

funds awarded in Dockets Nos. 326–A– 

1 and 326–A–3. The principal funds 

will be held in a perpetual trust and the 

interest funds will be used for 

educational purposes. Those listed on 

the per capita payment roll, and their 

lineal descendants will be eligible to 

receive the education funds. 

Review of Public Comments 

The Bureau of Indian Affairs 

published a proposed rule to amend the 

regulations in 25 CFR part 61 on May 

19, 2005, 70 FR 28859. The comment 

period was open for 162 days, from May 

19, 2005, to October 28, 2005. Copies of 

the proposed rule were mailed to 

approximately 2,300 individuals along 

with a notice of two public meetings 

that were being held for the purpose of 

discussing the proposed rule. The first 

meeting was held on August 20, 2005, 

in Elko, Nevada. Approximately 500 

individuals attended the meeting. The 

second meeting was held on August 27, 

2005, in Reno, Nevada. Approximately 

600 individuals attended the second 

meeting. We received written comments 

from 36 individuals concerning the 

proposed rule. The comments and our 

responses to the comments are 

organized into 8 categories. We 

combined similar comments when the 

response is the same for each of the 

comments. 

1. Application Period 

Comment: We received several 

comments regarding the length of the 

application period. Recommendations 

were made that the application period 

should be limited to 180 days because 

BIA is giving individuals too much time 

to file applications. Another individual 

recommended that the application 

period be for one year. 

Response: We will not establish a firm 

application deadline date because we do 

not know how long it will take BIA to 

complete the enrollment process. The 

BIA has a trust responsibility to give 

potential eligible beneficiaries every 

opportunity to file an application to 

share in the judgment fund. Almost 10 

years ago the BIA was required to 

reopen an enrollment application period 

because the Eighth Circuit Court of 

Appeals decision in Loudner v. U.S., 

108 F.3d 896 (8th Cir. 1997), held that 

the BIA did not give proper notice of the 

application period, and that 5 months 

was not a sufficient time period within 

which to file applications, in light of 

internal agency delays in implementing 

distribution of the fund. 

BIA has developed a process for 

establishing the application deadline 

date that takes into account the time it 

may take the BIA to implement the 

distribution. BIA has adopted the 

process for establishing the application 

deadline date that was described in the 

notice of proposed rule. The process 

adopted for establishing an application 

deadline is described below under the 

heading ‘‘Application Deadline’’ of this 

preamble. 

Comment: The example BIA used to 

illustrate the process for establishing an 

application deadline date should be 

amended to reduce the number of 

applications received from 10,000 to 

5,000 applications. 

Response: The number used to 

illustrate the process for establishing an 

application deadline date is only an 

example. Reducing the number used as 

an example will not clarify our 

explanation of the process. 

2. Eligibility Requirements in 25 CFR 

61.4(k)(1) 

Comment: 

(a) The 1⁄4 blood degree requirement is 

abusive to their grandchildren. The 

funds should be distributed to all 

Western Shoshone descendants 

regardless of blood degree. 

(b) The regulations should be 

amended to allow those who died prior 

to the date of the Act to be eligible for 

a share of the funds. The amendment 

would allow the decedent’s heirs, who 

might otherwise be ineligible, to share 

in the decedent’s estate. 

(c) Minors’ parents filed applications 

on behalf of their children to share in 

earlier judgment fund distributions. The 

applications were filed without the 

minors’ consent. Consequently, many of 

those individuals are ineligible to share 

in the Western Shoshone judgment fund 

distribution. The regulation should be 

amended to say that ‘‘individual Indians 

of Western Shoshone descent of age 18 

or older (at the time of judgment 

payment roll preparation) that share in 

any other judgment is ineligible * * *’’ 

Response: We cannot adopt the 

recommendations because the eligibility 

requirements in the proposed rule were 

established by Congress in Section 3 of 

the Western Shoshone Claims 

Distribution Act. The BIA cannot 

change the requirements established 

through enactment of law. 

Comment: Some of the Western 

Shoshone are concerned that their 

application to share in this judgment 

fund distribution will be denied because 

they were eligible to share in other 

awards. They did not apply to share, or 

receive payment from the other 

judgment fund distributions. To clarify 

the issue, the BIA should insert the 

words ‘‘and did receive’’ into 25 CFR 

61.4(k)(1)(iv) so that it will read ‘‘Any 

individual that is certified by the 

Secretary to be eligible to receive and 

did receive a per capita payment from 

any other aboriginal land claim * * *‘‘ 

Response: That situation will not 

occur. We will limit our review to 1/ 

judgment fund distributions derived 

from non-Western Shoshone aboriginal 

land claims monies, and 2/ to those 

individuals who are actually listed on 

an approved judgment fund payment 

roll, or who have received notification 

that their application was approved to 

share in a non-Western Shoshone 

judgment fund distribution. Only those 


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individuals would be deemed ineligible 

to share in the Western Shoshone 

judgment fund who are listed on an 

approved non-Western Shoshone 

judgment fund payment roll, or who 

have received notification that their 

application was approved to share in a 

non-Western Shoshone judgment fund 

distribution. The words ‘‘and did 

receive’’ would add many more years to 

the review process because BIA would 

need to document whether an 

individual actually received a payment. 

In some instances it would be 

impossible to document because the 

actual checks used to make the per 

capita payment were destroyed by the 

Department of the Treasury many years 

ago. In cases where the cancelled checks 

still exist, an individual might appeal 

their denial claiming that they did not 

endorse the check. 

3. Consultation With Tribal 

Governments 

Comment: The statement should be 

amended to add the words ‘‘or any 

political organization.’’

Response: We will not adopt the 

recommendation because Executive 

Order 13175 and 513 DM 2 require us 

to consult with federally recognized 

tribes when appropriate. We are not 

required to consult with political 

organizations, thus we are not required 

to evaluate the potential effects of this 

rule on political organizations. 

4. Information Collection 

Comment: 

(a) The estimated burden hours on the 

public to prepare and file an application 

should be reduced because everyone 

already has the required information 

and documentation. 

(b) The BIA should reduce the 

number of applications it expects to 

receive from 10,000 to 6,000 because of 

the recommendation to limit the 

application period to 180 days. 

(c) The BIA should reduce its estimate 

of the number of applicants from 10,000 

to 5,000 because of the 1⁄4 Western 

Shoshone blood degree requirement. 

(d) The BIA should reduce its 

estimate of the time required to review 

the applications and prepare the roll 

because BIA already has all of the 

necessary information concerning the 

applicants. 

Response: We used our prior 

experience in enrollment matters to 

develop our estimate of the burden 

hours required for persons to prepare 

and file an application. We stand by our 

estimate. 

Comment: The BIA should collect 

Social Security Numbers to determine if 

payments were made to the applicants 

from earlier judgment fund 

distributions. 

Response: The enrollment application 

form contains a space for the applicant 

to provide their Social Security Number. 

Comment: Elders should be asked to 

verify descendants of family members if 

no other record exists. 

Response: The provisions in 25 CFR 

61.9 describe the types of records an 

applicant can use to establish eligibility 

for enrollment. Affidavits are among the 

documents listed. The applicant can 

request an elder to provide an affidavit 

describing the elder’s personal 

knowledge of an individual’s birth date 

or place of birth, etc. 

Comment: 

(e) The application process should 

include Internet online filing. 

Response: BIA does not have access to 

the Internet. 

5. Review Process 

Comment: BIA should use a computer 

to manage the application and review 

process. 

Response: BIA will use computers in 

all phases of the application review 

process. 

Comment: The BIA should make other 

judgment fund rolls available to BIA 

staff and contractors. The same process 

used to develop those rolls should be 

used to develop the Western Shoshone 

roll. 

Response: Other judgment fund per 

capita rolls will be cross-referenced 

with the applications we receive under 

this enrollment process. 

Comment: The applications should be 

reviewed as they are received. Once the 

application period closes, 90 days will 

be sufficient time period to complete the 

review. If necessary, additional time 

could be granted in 90-day increments. 

Response: The applications will be 

reviewed in the quickest manner 

possible. The quickest way is usually by 

reviewing applications by family group. 

Comment: BIA should give the 

general public access to the Indian 

census rolls prepared between the years 

1885 and 1940. Currently, the 

information is limited to the 

descendants of those listed on the 

census rolls. 

Response: BIA does not release 

personal information to the general 

public. The census rolls, however, are 

available from the National Archives 

Records Administration (NARA). 

Comment: BIA should not use the 

census records prepared by BIA 

between 1885 and 1940 because the 

records are inaccurate. 

Response: The census records are the 

most comprehensive lists of Western 

Shoshone Indians available to us. If the 

census records contain inaccurate or 

conflicting information pertaining to a 

particular individual, we will use other 

records to help clarify or correct the 

record. 

Comment: BIA should provide a copy 

of the completed roll to the 

Administrative Committee responsible 

for the Western Shoshone Educational 

Trust Fund. 

Response: The Western Shoshone per 

capita payment roll is subject to the 

provisions of the Privacy Act. The 

information contained on that roll will 

not be released to anyone without the 

explicit permission of the individuals 

listed. Each individual who participates 

in the distribution has the option to 

decide if they want to release 

information to a third party concerning 

their participation in the distribution. 

The Administrative Committee will 

need to develop a procedure for 

collecting such information from 

individuals who want to voluntarily 

reveal their participation in the Western 

Shoshone judgment fund distribution. 

Comment: BIA should recruit 

volunteers to review enrollment 

applications if BIA does not have 

sufficient funding to hire staff so that 

the enrollment process can be complete 

within a year. 

Response: BIA is not authorized to 

recruit volunteers to review enrollment 

applications. It would be a violation of 

the prohibition against augmentation of 

appropriations. 

6. Appeal Process 

Comment: BIA should establish a 

separate appeal process for the Western 

Shoshone Roll preparation. 

Response: The appeal process 

contained in 25 CFR part 62 is sufficient 

to handle any appeals filed in this 

process. If it were necessary for a 

separate appeal process to be 

established for the Western Shoshone 

Roll preparation, it would cause at least 

another year delay to promulgate 

additional regulations. 

7. Partial Per Capita 

Comments: 

(a) BIA should make a partial per 

capita payment to all individuals 

determined eligible as of the date of the 

closing of the application period. 

(b) BIA should make a partial per 

capita payment to the elders first. 

(c) BIA should define the term 

‘‘elderly’’ to mean all individuals 55 

years of age, or older, on July 7, 2004. 

(d) The partial per capita payment 

should be $10,000. 

(e) The partial per capita payment 

should be 50 percent. 

(f) BIA should not make a partial 

payment. 


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Response: The Secretary has a 

responsibility to ensure that the 

judgment funds are distributed to 

eligible individuals in a timely manner. 

We anticipate that the review process 

will be lengthy and may cause hardship 

to many. We are adopting the 

recommendation to make a partial per 

capita payment to all individuals 

determined eligible as of the date of the 

closing of the application period. It will 

encourage applicants to file early. It will 

also give the Western Shoshone the 

ability to implement Section 4 of the 

Western Shoshone Claims Distribution 

Act prior to the completion of the roll. 

Section 4 pertains to the distribution of 

a separate fund, called the Western 

Shoshone Joint Judgment Funds, for 

educational purposes. 

8. Informational Meetings 

Comments: 

(a) Meetings should be held in Reno 

and Las Vegas, Nevada, to accommodate 

the Western Shoshone who are not 

members of federally recognized tribes. 

(b) Meetings should be limited to TeMoak, Duckwater, Yomba, Ely, Duck 

Valley and Fallon Reservations. 

Meetings should not be held at other 

Shoshone and Shoshone-Paiute 

Reservations. 

Response: We are adopting the 

recommendation to hold meetings in 

Reno and Las Vegas, Nevada. Some of 

the non-enrolled applicants have 

indicated that they would feel intrusive 

if they had to attend a meeting held 

within another tribe’s jurisdiction. We 

will not adopt the recommendations to 

limit the locations where meeting will 

be held because it limits the amount of 

information available to potential 

applicants. 

Changes to the Proposed Rule 

We are adding Reno and Las Vegas, 

Nevada, to the list of locations where we 

will conduct public meetings for the 

purpose of answering questions and 

assisting applicants to prepare and file 

their applications. We also adopted the 

recommendation to make a partial per 

capita payment. The enrollment process 

will be lengthy and we want to make the 

funds available to the Western 

Shoshone as quickly as possible. 

Additional Notice and Public Meetings 

We will take several steps to ensure 

that all potential applicants are 

informed of the opening of the 

enrollment application period. 

(1) We will notify all BIA Regional 

Directors and Agency Superintendents 

and require them to post notices in 

regional offices, agency offices, 

community centers on and near 

reservations, and in Indian Health 

Clinics. 

(2) We will notify tribal newspapers 

and newspapers of general circulation 

in major communities in Nevada, 

California, Idaho, Arizona, Oregon and 

Utah. 

(3) We will hold community meetings 

in Reno and Las Vegas, Nevada, and on 

or near the Indian reservations or the 

established service areas for the 

following tribes: Duckwater, Duck 

Valley, Ely, Fallon, Ft. McDermitt, TeMoak, Timbisha and Yomba. 

At each of the community meetings 

we will: 

(1) Inform potential beneficiaries of 

the opening of the enrollment process 

for this judgment fund; 

(2) Inform potential beneficiaries of 

eligibility criteria; and 

(3) Help applicants to prepare and file 

applications. 

Application Deadline 

We will not establish a firm 

application deadline in this rule. In 

order to allow adequate time for 

submitting and processing applications 

we will establish a deadline using the 

following three steps: 

Step 1. One hundred and eighty days 

(180) after opening the enrollment 

application process, we will count all 

applications that we have received. 

Step 2. We will note the date on 

which we complete the eligibility 

determinations of 90 percent of the 

applications that we receive by the date 

established under Step 1. 

Step 3. The application deadline will 

be 90 days after the date noted in Step 

2. 

For example, if we receive 10 

applications during the first 180 days 

after opening the application process, 

the final application deadline date will 

be 90 days after we process 9 

applications. Similarly, if we receive 

10,000 applications during the first 180 

days after opening the application 

process, the final application deadline 

date will be 90 days after we process 

9,000 applications. 

We will take several steps to ensure 

that all potential applicants are 

informed of the application deadline 

date for filing applications to share in 

the Western Shoshone judgment fund 

distribution. 

1. We will notify all BIA Regional 

Directors and Agency Superintendents 

and require them to post notices in 

regional offices, agency offices, 

community centers on and near 

reservations, and in Indian Health 

Clinics. 

2. We will notify tribal newspapers 

and newspapers of general circulation 

in major communities in Nevada, 

California, Idaho, Arizona, Oregon and 

Utah. 

3. We will hold community meetings 

in Reno and Las Vegas, Nevada, and on 

or near the Indian reservations or the 

established service areas for the 

following tribes: Duckwater, Duck 

Valley, Ely, Fallon, Ft. McDermitt, TeMoak, Timbisha and Yomba. 

At each of the community meetings 

we will: 

(1) Inform potential beneficiaries of 

the application deadline date for filing 

applications to share in the distribution 

of the Western Shoshone judgment 

fund; 

(2) Inform potential beneficiaries of 

eligibility criteria; and 

(3) Help applicants to prepare and file 

applications. 

Partial Per Capita Payment 

A partial per capita payment will be 

made to all individuals determined 

eligible as of the closing date of the 

enrollment application period. It will 

take us approximately 90 days to 

determine the total number of 

applicants, and to update the addresses 

of all of the individuals listed on the 

partial per capita roll. We anticipate that 

the first partial payment will not exceed 

a 70 percent share of the funds. The 

remaining funds will be distributed after 

all of the applications have been 

reviewed and the appeal process is 

complete. The final payment of 

remaining funds will include a second 

partial payment to those who 

participated in the first payment, and a 

full (100 percent) share to all 

individuals determined eligible after the 

closing date of the enrollment 

application period. 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is not a significant 

rule and is not subject to review by the 

Office of Management and Budget under 

Executive Order 12866. 

(1) This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

This rule only involves individual 

Indians who wish to apply for a share 

of the Western Shoshone judgment 

funds. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. This rule does not 

impact other agency programs. 


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(3) This rule does not alter the 

budgetary effects or entitlement, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. This 

rule does not impact other agency 

programs. The funds distributed to 

eligible applicants will not be 

considered to be income or resources for 

any purpose; or be used as a basis for 

denying or reducing financial assistance 

or any other benefit to which a 

household or Western Shoshone 

member would otherwise be entitled to 

receive under the Social Security Act, or 

any other Federal or federally-assisted 

program. (See subsection 3(c)(3) of Pub. 

L. 108–270.) 

(4) This rule does not raise novel legal 

or policy issues. All potential legal or 

policy issues were litigated in several 

Federal courts during the 1980s and 

1990s, before the enactment of Public 

Law 108–270. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document 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.). Because this rule 

makes technical changes that do not 

affect the substance of the rules there is 

no economic effect at all, other than to 

improve the utility of the rules for users. 

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: 

(1) Does not have an annual effect on 

the economy of $100 million or more. 

This rule does not involve small 

business; it only involves individuals 

who wish to apply to share in the 

judgment fund distribution. 

(2) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(3) 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. 

Unfunded Mandates Reform Act 

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 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 (1 U.S.C. 1531 et seq.) is not 

required. This rule does not involve 

small business; it only involves 

individuals who wish to apply to share 

in the judgment fund distribution. 

Takings (Executive Order 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. This rule does not 

affect property rights of the public. This 

rule does not involve a taking, it only 

involves individuals who wish to apply 

to share in the judgment fund 

distribution. A takings implication 

assessment is not required. 

Federalism (Executive Order 13132) 

In accordance with Executive Order 

13132, this rule does not have 

significant Federalism effects. A 

significant Federalism assessment is not 

required. The rule will not have 

substantial direct effects on a state or 

tribe, in the relationship between the 

Federal Government and a state or tribe, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

Civil Justice Reform (Executive Order 

12988) 

This rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule: 

(a) Does not unduly burden the 

judicial system; 

(b) 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 

(c) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Any enrollment appeals will be 

decided by the Secretary of the Interior 

under 25 U.S.C. 62. 

Paperwork Reduction Act 

This rule requires collection of 

information from many enrollees. As 

required by the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3507(d)), the 

Department submitted a copy of the 

application to the Office of Management 

and Budget (OMB) for its review. OMB 

approved the application form and 

assigned it OMB Control Number 1076–

0165 with the expiration date of June 

30, 2008. 

The information collected is 

submitted to obtain a benefit, namely a 

share in the funding distribution. The 

nature of the information, such as birth/ 

death certificates, etc., indicates the 

respondent will keep their own copies 

indefinitely for their own purposes. 

Because of the nature of some of the 

information, it will be protected under 

the Privacy Act, 5 U.S.C. 552a. 

The burden of preparing and 

submitting an application to share in the 

judgment fund distribution will vary 

widely depending upon the applicant’s 

age and family history. Individuals 50 

years or older will probably spend an 

average of 1 hour per response. Those 

individuals 30 years and younger, and 

non-enrolled tribal members may 

require 20 hours to prepare a response, 

including the time for reviewing 

instructions, gathering and maintaining 

data, and completing and reviewing the 

form. The applicants are required to file 

only once during the estimated 2-year 

enrollment application period. We 

estimate that the total burden hours for 

the entire process is 112,000 hours for 

a 2-year annual average of 56,000 hours. 

We invite comments on: 

(1) Whether the proposed collection 

of information is necessary for the 

proper performance of the Program, 

including the practical utility of the 

information to BIA; 

(2) the accuracy of BIA’s burden 

estimates; 

(3) ways to enhance the quality, 

utility, and clarity of the information 

collected; and 

(4) ways to minimize the burden of 

the collection of information on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

You may submit comments on ways 

to reduce the burden to the Information 

Collection Clearance Officer at 625 

Herndon Parkway, Herndon, VA 20170. 

We will not request nor sponsor a 

collection of information, and you need 

not respond to such a request, if there 

is no valid Office of Management and 

Budget Control Number. 

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 is not 

required. This rule does not impact the 

environment; it only involves 

individuals who wish to apply to share 

in the judgment fund distribution. 

Consultation With Indian Tribes 

(Executive Order 13175) 

In accordance with Executive Order 

13175, we understand that we must 

relate to federally recognized Indian 

tribes on a government-to-government 

basis. We have evaluated potential 

effects on federally recognized Indian 

tribes and have determined that there 

are no potential effects. The judgment 


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funds do not belong to any federally 

recognized tribe, nor can any tribe treat 

the judgment funds as a tribal resource. 

The judgment funds will be distributed 

to individual Indians of Western 

Shoshone descent, who may or may not 

be enrolled with a federally recognized 

tribe. 

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. This rule 

does not involve the nation’s energy 

supply; it only involves individuals 

who wish to apply to share in the 

judgment fund distribution. 

Data Quality Act 

In developing this rule, we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Data Quality Act (Pub. L. 106–554). 

List of Subjects in 25 CFR Part 61 

Indians, Indians—claims. 

Dated: February 16, 2007. 

Michael D. Olsen, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

■ For the reasons set out in the 

preamble, Part 61 of Chapter 1 of Title 

25 Code of Federal Regulations is 

amended as set forth below. 

PART 61—PREPARATION OF ROLLS 

OF INDIANS 

■ 1. The authority citation for 25 CFR 

part 61 is revised to read as follows: 

Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9, 

1300d–3(b), 1401 et seq., and Pub. L. 108–

270. 

■ 2. Section 61.3 is revised to read as 

follows: 

§ 61.3 Information collection. 

The Office of Management and Budget 

has reviewed and approved the 

information collection for § 61.4(k). The 

OMB Control Number assigned is 1076–

0165. 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. 

■ 3. Section 61.4 is amended by adding 

a new paragraph (k) to read as follows: 

§ 61.4 Qualifications for enrollment and 

the deadline for filing application forms. 

* * * * * 

(k) Western Shoshone Identifiable 

Group of Indians. 

(1) Under section 3(b)(1) of the Act of 

July 7, 2004, Pub. L. 108–270, 118 Stat. 

805, the Secretary will prepare a roll of 

all individuals who meet the eligibility 

criteria established under the Act and 

who file timely applications prior to a 

date that will be established by a notice 

published in the Federal Register. The 

roll will be used as the basis for 

distributing the judgment funds 

awarded by the Indian Claims 

Commission to the Western Shoshone 

Identifiable Group of Indians in Docket 

No. 326–K. To be eligible a person must: 

(i) Have at least 1⁄4 degree of Western 

Shoshone blood; 

(ii) Be living on July 7, 2004; 

(iii) Be a citizen of the United States; 

and 

(iv) Not be certified by the Secretary 

to be eligible to receive a per capita 

payment from any other judgment fund 

based on an aboriginal land claim 

awarded by the Indian Claims 

Commission, the United States Claims 

Court, or the United States Court of 

Federal Claims, that was appropriated 

on or before July 7, 2004. 

(2) Indian census rolls prepared by 

the Agents or Superintendents at Carson 

or Western Shoshone Agencies between 

the years of 1885 and 1940, and other 

documents acceptable to the Secretary 

will be used in establishing proof of 

eligibility of an individual to: 

(i) Be listed on the judgment roll; and 

(ii) Receive a per capita payment 

under the Western Shoshone Claims 

Distribution Act. 

(3) Application forms for enrollment 

must be mailed to Tribal Government 

Services, BIA-Western Shoshone, Post 

Office Box 3838, Phoenix, Arizona 

85030–3838. 

(4) The application period will remain 

open until further notice. 

* * * * * 

[FR Doc. E7–3667 Filed 3–2–07; 8:45 am] 

BILLING CODE 4310–4J–P 


erjones on PRODPC74 with RULES2