Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Proposed Rules 4497

(4) Your mother or father has not

married the insured but you have

evidence other than the evidence

described in paragraph (a)(3) to show

that the insured is your natural father or

mother. Additionally, you must have

evidence to show that the insured was

either living with you or contributing to

your support at the time you applied for

benefits. If the insured is not alive at the

time of your application, you must have

evidence to show that the insured was

either living with you or contributing to

your support when he or she died. See

§ 404.366 for an explanation of the

terms ‘‘living with’’ and ‘‘contributions

for support.’’

(b) Use of State Laws—(1) General. To

decide whether you have inheritance

rights as the natural child of the

insured, we use the law on inheritance

rights that the State courts would use to

decide whether you could inherit a

child’s share of the insured’s personal

property if the insured were to die

without leaving a will. If the insured is

living, we look to the laws of the State

where the insured has his or her

permanent home when you apply for

benefits. If the insured is deceased, we

look to the laws of the State where the

insured had his or her permanent home

when he or she died. If the insured’s

permanent home is not or was not in

one of the 50 States, the Commonwealth

of Puerto Rico, the Virgin Islands,

Guam, American Samoa, or the

Northern Mariana Islands, we will look

to the laws of the District of Columbia.

For a definition of permanent home, see

§ 404.303. For a further discussion of

the State laws we use to determine

whether you qualify as the insured’s

natural child, see paragraphs (b)(3) and

(b)(4) of this section. If these laws would

permit you to inherit the insured’s

personal property as his or her child, we

will consider you the child of the

insured.

(2) Standards. We will not apply any

State inheritance law requirement that

an action to establish paternity must be

taken within a specified period of time

measured from the worker’s death or the

child’s birth, or that an action to

establish paternity must have been

started or completed before the worker’s

death. If applicable State inheritance

law requires a court determination of

paternity, we will not require that you

obtain such a determination but will

decide your paternity by using the

standard of proof that the State court

would use as the basis for a

determination of paternity.

(3) Insured is living. If the insured is

living, the inheritance laws that we use

are those that are in effect in the State

where the insured has his or her

permanent home when we make our

final decision on your application for

benefits. We will apply the version of

State law in effect when we make that

decision. If you do not qualify as a child

of the insured under that version of

State law, we look at all versions of

State law that were in effect from the

first month for which you could be

entitled to benefits up until the time of

our final decision and apply the version

of State law that is most beneficial to

you.

(4) Insured is deceased. If the insured

is deceased, we apply the law of the

State where the insured had his or her

permanent home when he or she died.

We apply the version of State law in

effect when we make our final decision

on your application for benefits. If you

do not qualify as a child of the insured

under that version of State law, we will

apply the version of State law that was

in effect at the time the insured died, or

any version of State law in effect from

the first month for which you could be

entitled to benefits up until our final

decision on your application. We will

apply whichever version is most

beneficial to you. We use the following

rules to determine the law in effect as

of the date of death:

(A) If a State inheritance law enacted

after the insured’s death indicates that

the law would be retroactive to the time

of death, we will apply that law; or

(B) If the inheritance law in effect at

the time of the insured’s death was later

declared unconstitutional, we will

apply the State law which superseded

the unconstitutional law.

4. Section 404.356 is amended by

adding a sentence at the end to read as

follows:

§ 404.356 Who is the insured’s legally

adopted child?

* * * We apply the adoption laws of

the State or foreign country where the

adoption took place, not the State

inheritance laws described in § 404.355,

to determine whether you are the

insured’s legally adopted child.

[FR Doc. 97–2315 Filed 1–29–97; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 286

RIN 1076–AD70

Indian Business Development Program

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) is proposing to revise the

regulations governing Indian Business

Development Program (IBDP) grants.

The rule has been abbreviated and

rewritten in plain English as a part of

the President’s initiative to make rules

easier to understand.

DATES: Comments must be received on

or before March 31, 1997.

ADDRESSES: Mail comments to Nancy

Jemison, Director, Office of Economic

Development, Bureau of Indian Affairs,

Department of the Interior, 1849 C St.

NW, Mail Stop 2061–MIB, Washington,

DC 20240; OR, hand deliver them to

Room 2061 at the above address.

Comments will be available for

inspection at this address from 9:00 a.m.

to 4:00 p.m., Monday through Friday

beginning approximately 2 weeks after

publication of this document in the

Federal Register.

FOR FURTHER INFORMATION CONTACT:

Woody Sneed, Financial Analyst, Office

of Economic Development, Bureau of

Indian Affairs at telephone (202) 208–

4796.

SUPPLEMENTARY INFORMATION:

Background

The IBDP grant program has been

discontinued but grantees having

already received grants must report on

the financial status of their businesses

for five years after date of receipt of the

grants. The new rule deletes references

to applications and their required

contents but retains reporting

requirements.

Supplementary Information

Publication of the proposed rule by

the Department of the Interior

(Department) provides the public an

opportunity to participate in the

rulemaking process. Interested persons

may submit written comments regarding

the proposed rule to the location

identified in the ADDRESSES section of

this document.

Executive Order 12778

The Department has certified to the

Office of Management and Budget

(OMB) that these proposed regulations

meet the applicable standards provided

in sections 2(a) and 2(b)(2) of Executive

Order 12778.

Executive Order 12866

This proposed rule is not a significant

regulatory action under Executive Order

12866 and has not been reviewed by the

Office of Management and Budget.
4498 Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Proposed Rules

Regulatory Flexibility Act

This proposed rule will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.).

Executive Order 12630

The Department has determined that

this proposed rule does not have

‘‘significant takings’’ implications. The

proposed rule does not pertain to

‘‘taking’’ of private property interests,

nor does it impact private property.

Executive Order 12612

The Department has determined that

this proposed rule does not have

significant federalism effects because it

pertains solely to Federal-tribal relations

and will not interfere with the roles,

rights and responsibilities of states.

NEPA Statement

The Department has determined that

this proposed rule does not constitute a

major Federal action significantly

affecting the quality of the human

environment and that no detailed

statement is required pursuant to the

National Environmental Policy Act of

1969.

Unfunded Mandates Act

This rule imposes no unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Act of 1995.

Paperwork Reduction Act of 1995

Section 286.7 contains information

collection requirements. As required by

the Paperwork Reduction Act of 1995

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

the Interior has submitted a copy of

these sections to the Office of

Management and Budget (OMB) for its

review.

Indian tribes and individuals who

have received grants must furnish

comparative balance sheets and profit

and loss statements semiannually for

the first two years after the grant and

annually for the next three years. There

is no BIA form for these statements

since industry standards dictate the

financial statement requirements. The

annual reporting and recordkeeping

burden for this collection of information

is estimated to average 1 hour for each

response, including the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing collection of

information. There are 252 grantees who

report semiannually and 377 who report

annually. Thus, the total annual

reporting and record keeping burden for

this collection is estimated to be 881

hours. Respondents’ hourly rate is

similar to a Federal employee GS–9 or

$19.25 per hour.

CFR section 286.6 Number of

respondents

Frequency

of response

Total annual

responses

Burden

hours per

response

Annual burden hoursCost to respondents Total cost

Annual ....................................................... 377 1 377 1 377 $7,257 ....................

Semiannual ............................................... 252 2 504 1 504 9,702 $16,959

Organizations and individuals

desiring to submit comments on the

information collection requirement

should direct them to the Office of

Information and Regulatory Affairs,

OMB, Room 10202, New Executive

Office Building, Washington, D.C.

20503; Attention: Desk Officer for the

U.S. Department of the Interior.

The Department considers comments

by the public on this proposed

collection of information in:

Evaluating whether the proposed

collection of information is necessary

for the proper performance of the

functions of the Department, including

whether the information will have

practical utility;

Evaluating the accuracy of the

Department’s estimate of the burden of

the proposed collection of information,

including the validity of the

methodology and assumptions used;

Enhancing the quality, usefulness,

and clarity of the information to be

collected; and;

Minimizing the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

collection techniques or other forms of

information technology.

OMB is required to make a decision

concerning the collection of information

contained in these proposed regulations

between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

to the OMB is best assured of having its

full effect if OMB receives it within 30

days of publication. This does not affect

the deadline for the public to comment

to the Bureau of Indian Affairs on the

proposed regulations.

Drafting Information

The primary author of this document

is Woody Sneed, Office of Economic

Development, Bureau of Indian Affairs,

Department of the Interior.

List of Subjects in 25 CFR Part 286

Indians—business and finance.

For the reasons given in the preamble,

Part 286 of Title 25, Chapter I,

Subchapter N of the Code of Federal

Regulations is proposed to be revised as

set forth below.

PART 286—INDIAN BUSINESS

DEVELOPMENT PROGRAM

Sec.

286.1 Definitions.

286.2 What is the purpose of these

regulations?

286.3 Information collection.

286.4 What are the grant limitations and

requirements that apply?

286.5 Do I need to return unused funds?

286.6 What reports must I submit?

Authority: 25 U.S.C. 1524.

§ 286.1 Definitions.

As used in this part 286:

Economic enterprise means any profit

oriented Indian-owned, commercial,

industrial, agricultural, or business

activity which must be at least 51 per

cent Indian owned.

Grantee means the recipient of a

nonreimbursable grant under this part.

Indian means a member of a Federally

recognized Indian or Alaska Native tribe

or village who is eligible for assistance

from the Bureau of Indian Affairs.

Reservation means Indian reservation,

California rancheria, public domain

Indian allotment, former Indian

reservation in Oklahoma, and land held

by an incorporated Alaska Native group,

regional corporation, or village

corporation under the provisions of the

Alaska Native Claims Settlement Act (85

Stat. 688), as amended.

Tribe means any Indian tribe, band,

nation, rancheria, pueblo, colony, or

community. It includes any Alaska

Native village or any regional, village,

urban, or group corporation—as defined

in the Alaska Native Claims Settlement
Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Proposed Rules 4499

Act (85 Stat. 688) and recognized by the

federal government as eligible for

services from the Bureau of Indian

Affairs.

We, us, or our mean the Secretary of

the Interior or the official in the Bureau

of Indian Affairs to whom the Secretary

has delegated authority.

§ 286.2 What is the purpose of these

regulations?

This part prescribes regulations and

procedures pertaining to the Indian

Business Development Program which

has provided grants to further economic

development on Indian reservations. It

gives requirements you must follow on

reporting the status of grants and

complying with grant conditions. It also

establishes the circumstances under

which you must return grant funds.

§ 286.3 Information collection.

(a) The Office of Management and

Budget has approved our collection of

information under 44 U.S.C. 3501 et seq.

under clearance number 1076–0093.

The collection of information helps the

BIA to provide assistance to failing

businesses funded with grants and to

compile reports on the program’s

effectiveness.

(b) We estimate the public reporting

for this information to average 1 hour

per response, including the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. These may be copies of

financial statements required by and

furnished to the lender which provided

the loan portion of the total financing

required. Send comments regarding this

burden estimate or any other aspect of

this collection of information, including

suggestions for reducing the burden, to

the Director of Management and

Administration, Bureau of Indian

Affairs, 1849 C Street, NW.,

Washington, DC 20240 and the Office of

Management and Budget, Paperwork

Reduction Project (1076–0093),

Washington, DC 20503.

§ 286.4 What are the grant limitations and

requirements that apply?

An Indian tribe cannot receive over

$250,000 in grants from this program.

The total of grants to an individual or

any other non-tribal business entity

cannot exceed $100,000. Grantees must

have obtained at least 75 percent of the

necessary financing from sources other

than the direct and guaranteed loan

programs.

§ 286.5 Do I need to return unused funds?

(a) You must return all or a portion of

the funds in the following

circumstances:

You Must Return the Entire Grant if,

Within 3 Years of the Grant

You sell the business which received

the grant and did not reinvest the

proceeds, with our approval, in a new

business which contributes to the

reservation economy.

You move the business off the

reservation and it no longer

contributes to the reservation

economy.

Indian ownership and/or active

management falls below 51 percent.

If a cooperative association, profits are

not allocated for later distribution to

members.

(b) When do I need to return unused

funds? We require you to return unused

grant funds if you do not initiate the

economic enterprise within the time

stated in your grant agreement. Grant

funds owed will be deemed debt owed

to the United States. The following table

indicates circumstances in which you

must return funds.

You Must Return Unused Funds if You

Did Not Initiate Your Grant Through

These Types of Actions

You have not obtained a lease if you

needed to do this for your enterprise.

You have not started construction, if

that was necessary.

You have not purchased equipment or

other materials needed for the

enterprise.

You have not performed other actions

which were necessary to initiate the

enterprise.

(c) Can I obtain an extension of time

to allow me to start my enterprise? If we

determine that circumstances exist

beyond your control we may extend the

time we allow you to initiate the

enterprise. No program may be initiated

and no funding may be disbursed after

September 30, 1997.

(d) What additional information do I

need to provide for an extension? You

must provide assurance that you will

initiate the enterprise within the

extended time period. We will write to

the lender regarding any actions which

we propose requiring you to return grant

funds or of any proposal to extend the

time.

§ 286.6 What reports must I submit?

(a) After receiving a grant, you must

furnish us the following information:

You must

submit

Semiannually

during

And annually

during

comparative

balance

sheets.

the first two

years of

operation.

years three

through

five of operation.

profit and loss

statements.

the first two

years of

operation.

years three

through

five of operation.

(b) You may use copies of financial

statements which you furnish to the

lender who provides partial financing.

(c) If you fail to provide the necessary

reports, we will require repayment of

grant funds. Grant funds owed will be

deemed debt owed to the United States.

Dated: January 10, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–2316 Filed 1–29–97; 8:45 am]

BILLING CODE 4310–22–P

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 904

[SPATS No. AR–027–FOR]

Arkansas Regulatory Program and

Abandoned Mine Land Reclamation

Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and

extension of public comment period on

proposed amendment.

SUMMARY: OSM is announcing receipt of

revisions pertaining to a previously

proposed amendment to the Arkansas

regulatory program and abandoned

mine land reclamation plan (hereinafter

referred to as the ‘‘Arkansas program’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

revisions for Arkansas’ proposed

amendment pertain to the definition for

‘‘unanticipated event or condition’’;

procedures for challenging ownership

and control links shown in AVS; and

applicant liability under the Small

Operator Assistance Program. Arkansas

also proposed to correct typographical

errors and a number of incorrect

reference citations. The amendment is

intended to incorporate the additional

flexibility afforded by the revised

Federal regulations and to enhance the

enforcement of the State program.

DATES: Written comments must be

received by 4:00 p.m., c.s.t., February

14, 1997.