6260 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2560

[WO–350–1410–00–24 1A]

RIN 1004–AD34

Alaska Native Veterans Allotments

AGENCY: Bureau of Land Management,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Land

Management (BLM) proposes to amend

its regulations to allow certain Alaska

Native veterans another opportunity to

apply for a Native allotment under the

repealed Native Allotment Act of 1906.

Congress passed the Alaska Native

Veterans Law in 1998 which mandates

regulations to implement it. This action

would enable certain Alaska Native

veterans who, because of their military

service, were not able to apply for an

allotment during the early 1970s, to do

so now.

DATES: Comments: Send your comments

to reach BLM by April 10, 2000. BLM

will not necessarily consider any

comments received after the above date

during its decision on the proposed

rule.

ADDRESSES: Comments: You may mail

comments to Bureau of Land

Management, Administrative Record,

Room 401 LS, 1849 C Street, NW.,

Washington, DC 20240. You may also

hand-deliver comments to BLM at Room

401, 1620 L Street, NW., Washington,

DC. For information about filing

comments electronically, see the

SUPPLEMENTARY INFORMATION section

under ‘‘Electronic access and filing

address.’’

FOR FURTHER INFORMATION CONTACT:

Connie Van Horn, Division of

Conveyance Management, Bureau of

Land Management, 222 West Seventh

Avenue, #13, Anchorage, Alaska 99513–

7599; telephone (907) 271–3767; or

Frank Bruno, Bureau of Land

Management, Regulatory Affairs Group

(WO–630), Mail Stop 401, 1620 L Street,

NW., Washington, DC 20036; telephone

(202) 452–0352. To reach Ms. Van Horn

or Mr. Bruno, individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service 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

Electronic Access and Filing Address

You may view an electronic version of

this proposed rule at BLM’s Internet

home page: www.blm.gov. You may

also comment via the Internet to:

WOComment@blm.gov. Please also

include ‘‘Attention: ‘1004–AD34’ and

your name and return address in your

Internet message.’’ If you do not receive

a confirmation from the system that we

have received your Internet message,

contact us directly at (202) 452–5030.

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. BLM may not

necessarily consider or include in the

Administrative Record for the final rule

comments which BLM receives after the

close of the comment period (See DATES)

or comments delivered to an address

other than those listed above (See

ADDRESSES).

Comments, including names, street

addresses, and other contact

information of respondents, will be

available for public review at this

address 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 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. BLM will honor

requests for confidentiality on a case-bycase basis to the extent allowed by law.

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 Claims Settlement

Act of December 18, 1971 (ANCSA; 43

U.S.C. 1601 et seq.) repealed the Native

Allotment Act of 1906 (34 Stat. 197, as

amended, 42 Stat. 415 and 70 Stat. 954,

43 U.S.C. 270–1 through 270–3 (1970)

on December 18, 1971. During the time

just before the 1906 Act was repealed,

certain Alaska Natives who were

eligible to apply for allotments were

serving in the U.S. military and may

have missed their opportunity to apply

because of their military service.

Section 432 of Public Law 105–276

(43 U.S.C. 1629g) of October 21, 1998,

allows certain Alaska Native veterans a

new opportunity to apply for allotments

under the1906 Act as it was in effect

before its repeal. Public Law 105–276

amended ANCSA by adding section 41,

requiring the Department of the Interior

to create regulations within 18 months

to carry it out.

III. Discussion of Proposed Rule

A. How To Read This Rulemaking

What Is the Best Way To Read This

Rulemaking To Understand What BLM

Is Proposing and Why?

The part you are reading now is called

the preamble. It discusses why BLM is

proposing the regulatory text and

expands on elements of it.

The ‘‘regulatory text’’ is the part that

follows the authorization of the

rulemaking by the Assistant Secretary of

the Interior, and begins with ‘‘Part

2568—Alaska Native Allotments for

Certain Veterans.’’

This regulatory text is what would

become the regulation in the Code of

Federal Regulations to implement the

Alaska Native Veterans program should

this proposed rulemaking become final.

It is what BLM is proposing.

B. The Laws Which Authorize This

Rulemaking

What Authorizes BLM To Grant an

Allotment To Certain Veterans?

Section 432 of Public Law 105–276

(43 U.S.C. 1629g) of October 21, 1998

(hereafter referred to as the Alaska

Native Veterans law) and ANCSA

authorize this proposed rulemaking.

Why Was the 1998 Law Enacted?

Alaska Native Allotments were

originally authorized by the Native

Allotment Act of 1906, which was

repealed by Section 18 of ANCSA on

December 18, 1971. In the years before

the repeal, several Native advocacy

groups had anticipated that the law

would be repealed. Between 1969 and

1971, they contacted eligible Alaska

Natives who had not applied for

allotments to help them with their

applications. However, Alaska Natives

who were in the military just before the

repeal could not be readily reached. The

1998 law allows certain Alaska Native

veterans another opportunity to file

allotment applications.

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C. Regulations Which Affect This

Rulemaking

Would Existing Regulations Also Apply

To Those Filing Under These Proposed

Regulations?

Yes. Existing regulations implement

the 1906 Native Allotment Act (43 CFR

part 2561), shorespace limitations and

waivers (43 CFR part 2094), and the

Department of the Interior’s hearings

and appeals procedures (43 CFR part 4).

How Do These Existing Regulations

Relate to the Proposed Regulations?

Persons applying under these

proposed regulations must also comply

with the existing regulations. In the

event that the regulations are

inconsistent, these rules must be

followed.

D. Interested Parties

Is BLM Required To Consult With

Anyone on These Regulations?

Yes. Section 41(e) of ANCSA requires

BLM to consult with Alaska Native

groups before enacting regulations

which affect them.

Which Interested Parties Were Involved

in This Rulemaking?

The Bureau of Land Management,

Bureau of Indian Affairs, National Park

Service, Fish and Wildlife Service, and

the Office of the Special Assistant to the

Secretary for Alaska met several times

with:

• The Land Committee of the Alaska

Federation of Natives (AFN).

• Various ANCSA corporations.

• Native groups providing Bureau of

Indian Affairs realty services under

Indian Self Determination and

Education Assistance Act (ISDEA; Pub.

L. 93–638) contracts.

• Other Native individuals.

How Were They Involved?

Before BLM wrote this proposed

regulation it asked them to comment on

the Alaska Native Veterans Law, and on

how it should be implemented:

• Interior Department representatives

met twice with members of the AFN

Land Committee to discuss the statute

and its implementation.

• During the annual ISDEA Tribal

Service Providers Conference in

Anchorage in December, 1998, BIA,

BLM, and the Special Assistant’s Office

held two meetings to field questions and

to record suggestions from realty service

providers and others.

• Also in December 1998, BLM and

BIA addressed the shareholders of

Bristol Bay Native Corporation to

explain the Alaska Native Veterans law,

and the process of developing

regulations.

• A February 5, 1999, letter from the

BIA Area Director to Native leaders was

distributed to hundreds of tribal and

corporate Native groups in Alaska. In

the letter BIA asked for comments on

the existing Native allotment regulations

and the Alaska Native Veterans law.

Several realty contractors and ANCSA

corporations submitted detailed written

comments and suggestions. The Interior

agencies studied these and considered

them in the drafting of these proposed

regulations.

• In early May 1999 BLM sent copies

of the draft regulations to about 450

Native individuals and groups, and

invited them to attend meetings in

Anchorage on May 19 and Fairbanks on

May 21, to review the draft in detail

with Interior Department

representatives and to discuss and

record comments and suggested

changes. BLM published notices of

these two meetings in the Anchorage

Daily News and the Fairbanks Daily

News Miner. BLM also encouraged the

Native entities to submit written

comments. After the meetings, BLM

thoroughly reviewed written comments,

oral comments they had recorded, and

the draft regulations to see how many

suggested changes BLM could adopt.

BLM did not adopt changes that were

contrary to law or would have created

different allotment requirements for

Alaska Native veterans than those that

the original allottees had to meet under

the 1906 Act.

E. Qualifications for an Alaska Native

Veteran Allotment

How Did BLM Choose the Definitions of

‘‘Alaska Native’’ and ‘‘Veteran’’ in These

Regulations?

The definition of ‘‘Alaska Native’’ is

the same as the one currently used for

the Native Allotment Act of 1906. BLM

chose this definition because Native

veterans must meet the same Native

status requirements as persons who

applied under the Native Allotment Act

of 1906 while it was in effect.

Congress said in the Alaska Native

Veterans law that the term ‘‘veteran’’

would have the same meaning as it has

in 38 U.S.C. 101, paragraph 2, which is

the Department of Veterans Affairs’ legal

definition.

F. Applying for an Allotment

Who Is Eligible for an Allotment?

You may be eligible for an allotment

if:

(1) You would have been eligible for

an allotment under the Native

Allotment Act as it was in effect before

December 18, 1971;

(2) You are a veteran who served at

least six months between January 1,

1969, and June 2, 1971, or enlisted or

was drafted after June 2, 1971, but

before December 3, 1971.

You are not eligible for an allotment

if you already received an allotment

under the Native Allotment Act (unless

you received an allotment interest by

inheritance, devise, gift, or purchase) or

if you had a pending allotment

application on October 21, 1998.

May a Personal Representative Apply on

Behalf of an Eligible Deceased Veteran?

Yes, a personal representative who

acts for the benefit of the deceased

veteran’s heirs may apply on behalf of

an eligible deceased veteran. The

personal representative must prove

either (1) that he or she has been

appointed by the proper court or (2) that

the appointment process has begun. A

personal representative may apply only

on behalf of an individual who, between

January 1, 1969, and December 31, 1971:

(1) Was killed in action; (2) was

wounded in action and was later

determined by the Department of

Veterans Affairs to have died as a direct

consequence of that wound; or (3) died

while a prisoner of war.

Under What Circumstances Will BLM

Accept or Reject the Appointment of a

Personal Representative?

BLM will accept an appointment of a

personal representative made any time

after an eligible person dies, even if that

appointment was made before the

Alaska Native Veterans law was

enacted.

BLM will reject an appointment of a

personal representative if the

appointment process is incomplete

when the allotment application is filed

and the prospective personal

representative does not file proof of the

appointment within 18 months after the

application filing deadline.

When Must I Apply for an Allotment?

You must apply no later than 18

months after this rule becomes effective.

What Information Must I Include in My

Application?

You must include the following

information in your application: Name,

address, date of birth, telephone

number, dates of military service,

branch of service, legal description of

land for which you are applying, dates

of occupancy of land, description and

value of improvements on land, and an

explanation of your specific uses of

land. You must also file a Certificate of

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Indian Blood, which is a Bureau of

Indian Affairs form, and verification of

your qualifying military service

obtained from the Department of

Defense.

Do I Have To Pay Any Fees To File My

Application?

Under the proposed regulations, no.

Since the Alaska Native Veterans Law

gives eligible veterans a chance to file

applications under the 1906 Act as it

was in effect before it was repealed, a

Native veteran would have to meet the

same filing requirements that existed

before December 18, 1971. At no time

were there ever any fees required for

applications under the 1906 Act.

Therefore, we made the initial decision

that no fees will be charged.

However, we would like those who

comment on this rulemaking to give us

their views on the following:

(a) Should we charge a fee for filing

an application?

(b) If so, should this fee be refundable

if you do not receive an allotment?

What Else Must I Do When I File My

Application?

The proposed rulemaking states you

must:

(1) Post the land in your application

by marking all corners on the ground

with your name and address, but only

after these regulations are put into

effect;

(2) give an adequate legal description

of the parcel of land; and

(3) provide a map at a scale of

1:63,360 or larger.

However, we would like those who

comment on this rulemaking to give us

their views on the following: Should we

consider an alternative to physical

posting of corners on the ground which

provides certainty of the location of the

allotment application and provides

notice to subsequent claimants?

Is This Application Information

Different From What Previous

Applicants Had To File?

The application for Alaska Native

Veterans allotments is different from the

application for an allotment under the

1906 Act in that you must provide

information about your military service.

You must do this because your

eligibility for a veteran allotment is

based partly on your military service

and BLM needs to know this

information to determine that you

qualify.

Why Would I Need To File Proof of

Military Service and the BIA

‘‘Certificate of Indian Blood’’ Form?

BLM would need to verify that you

have enough military service during the

proper time frame to be eligible for an

allotment under the Alaska Native

Veterans law.

Since the Alaska Native Veterans law

also requires you to have been eligible

for an allotment under the Native

Allotment Act of 1906, you would need

to show proof that BIA has determined

you are an Alaska Native under the 1906

Act and the regulations (43 CFR 2561.0–

3) associated with the 1906 Act.

May I File Additional Information To

Prove My Use and Occupancy?

You may file supporting evidence

such as photographs and statements

from knowledgeable witnesses

describing when and how you used the

allotment for which you are applying.

You may also accompany the BLM field

examiner to the land and show physical

evidence of your use.

Why Would I Have To Prove Use and

Occupancy That Began More Than

Thirty Years Ago? Why Can’t I Simply

Apply for Available Land?

To be eligible for this new

opportunity, a veteran must prove use

and occupancy as if he or she had

applied for an allotment before the

Native Allotment Act was repealed in

1971. The Alaska Native Veterans law

allows veterans who missed, due to

their military service, their opportunity

to apply for an allotment by 1971 to

apply now for an allotment under the

Native Allotment Act of 1906.

If BLM Finds Errors in My Application

Will BLM Give Me a Chance To Correct

the Application?

Yes. BLM will give you at least 60

days to correct errors. If you fail to do

so within the time we give, BLM will

reject your application.

G. The Type of Land Available for an

Allotment

If I Am Eligible, What Land May BLM

Convey to Me?

The BLM may only convey land that

is currently owned by the federal

government, is not a regularly used and

recognized campsite, is not valuable for

minerals, and does not have a special

status. The special status may include

land:

(a) Selected but not conveyed to either

the State of Alaska or a Village or

Regional Corporation,

(b) Withdrawn for any reason,

(c) Selected or claimed, but not

conveyed, under a public land law.

How Much Land May I Apply For?

You may apply for one or two parcels

which may not total more than 160

acres. In the case of water frontage you

may apply for a half mile (160 rods) but

if you apply for more than a half-mile

BLM will treat your application as a

request to waive this limitation.

What Happens if the Land for which I

Qualified is no Longer Owned by the

Government?

The Alaska Native Veterans law

allows eligible veterans only to receive

allotments of land that are currently

owned by the Federal government. BLM

has no authority to convey land to you

that is not now owned by the Federal

government, even if it was Federal land

when you first began to use and occupy

it. If you apply for this type of land BLM

must reject your application.

May I Choose an Alternative Allotment

If My Original Allotment Choice Is

Unavailable?

You may be able to choose an

alternative allotment if your original

choice was for certain types of Federal

land that BLM cannot convey to you.

Section 2568.110 lists the types of land

for which you may apply. The land

must be within the same ANCSA region

as the land in your original application.

Only applicants whose original choice

is for land in a National Park unit, and

who meet the use and occupancy

requirements for that land, can qualify

to receive an allotment of National Park

land. You cannot choose an alternative

allotment on National Park land if your

original choice of land cannot be

conveyed to you.

You cannot choose an alternative

allotment if your original choice was for

land that is not currently owned by the

Federal government.

If I Have To Apply for an Alternative

Allotment, When Do I Have To Apply?

BLM must receive your request within

12 months of when you received

notification that you are eligible for an

alternative allotment or within the

original 18-month deadline if that is

longer.

Can BLM Convey to Me Both the Land

and the Rights to Valuable Minerals?

No. The Native Allotment Act of 1906

authorized allotment of only

nonmineral land. A 1956 amendment to

the Act allowed allotment of land

known to be valuable for coal, oil, or

gas. However, ownership of those

minerals, along with the right to extract

them, remains with the Federal

government when BLM conveys the

land.

BLM cannot convey a Native

allotment on land known to be valuable

for minerals like gold or silver or other

hardrock minerals. If you apply for an

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allotment of land known to be valuable

for such minerals BLM must reject your

application.

What If the land Is Valuable for Sand

and Gravel?

Alaska Native veterans cannot receive

allotments of land known to be valuable

for sand or gravel. The Alaska Native

Veterans law says that the eligibility for

allotments is under the 1906 Act as it

was in effect before December 18, 1971.

Since the law at that time considered

land valuable for sand or gravel to be

mineral and not available for allotment,

BLM cannot convey such land to Alaska

Native veterans.

Some Alaska Natives who applied

under the 1906 Act for land known to

be valuable for sand or gravel have

received their allotments. This is

because Section 905(a)(3) of the Alaska

National Interest Lands Conservation

Act of 1980 (ANILCA) states that land

valuable for sand or gravel is

‘‘nonmineral’’ under the 1906 Act. Since

the authority under the Alaska Native

Veterans Law is the 1906 Act as it was

in effect in 1971, this 1980 amendment

cannot be applied to Alaska veteran

allotments.

What Is a Conservation System Unit

(CSU)?

A CSU is an Alaska unit of the

National Park System, National Wildlife

Refuge System, National Wild and

Scenic Rivers System, National Trails

System, National Wilderness

Preservation System, or a National

Forest Monument.

Can I Receive Title to an Allotment in

Any One of the CSU’s?

No. It may be possible for you to

receive title to an allotment in certain

CSU’s, but you cannot receive title to an

allotment of any land designated as

wilderness by statute or of any land in

a National Forest Monument CSU

because the Alaska Native Veterans law

specifically prohibits conveyance of

such land.

In Those CSU Units Where I Am

Permitted To Receive an Allotment, Are

There Any Special Limitations or

Procedures?

Congress provided that the CSU

manager may find that conveyance of

the land in your allotment application

would be inconsistent with the

purposes for which the CSU was

established. However, you would still

be able to receive an alternative

allotment from other lands in or outside

the CSU, other than in a National Park.

You must show that you used and

occupied your original allotment choice

to be able to choose an alternative

allotment. You would not have to show

use and occupancy of your alternative

allotment.

The Alaska Native Veterans law

emerged after long discussions between

Congressional staff and Department of

the Interior officials. Congress could

have decided not to allow any veterans’

allotments within CSU’s. However, to

balance the rights of Native veterans and

the desire to protect the unique values

of the CSU’s, Congress and the

Department agreed to this compromise

which allows allotments within certain

CSU’s if the allotment is consistent with

the purpose of the CSU.

How Will a CSU Manager Determine If

Conveyance of My Allotment Would Be

Consistent With CSU Purposes?

Each CSU was created by a law or

withdrawal order which explains the

reasons the CSU was created. The

manager of the CSU will make each

determination on a case-by-case basis,

taking into account such factors as:

(a) The law or withdrawal order

which created the CSU,

(b) The mission of the agency that

manages the CSU,

(c) The proximity of the allotment to

land that has already been conveyed to

a Native corporation,

(d) Issues relating to access to and

from the allotment, and

(e) The possible cumulative effects on

the CSU of all the activities that would

take place on the allotment.

Is It Possible That I Might Not Receive

Any Land at All, Even If I Qualify To

Apply for an Allotment?

Yes, it is possible that you might not

receive an allotment even if you are a

qualified Alaska Native Veteran. For

example, if you apply for land that is

not currently owned by the Federal

government, BLM would have to reject

your application and you would not be

able to choose an alternative allotment.

BLM would also reject your application

if you apply for land known to be

valuable for certain minerals and you

would not be able to choose land

elsewhere. If you fail to correct errors or

fail to complete an application in a

timely manner, your application may be

rejected.

H. Appeals

What can I do if I disagree with any of

the decisions?

You may appeal all decisions, except

for the CSU compatibility decisions or

determinations made by the Department

of Veterans Affairs, to the Interior Board

of Land Appeals. There is an appeal

process for CSU compatibility decisions

that is described in §§ 2568.121 through

2568.123. Determinations made by the

Department of Veterans Affairs have to

be appealed through that department’s

process.

Why Is The Appeal Process for CSU

Decisions Different From the Appeal

Process for Other Types of Allotment

Decisions?

Most allotment decisions issued by

BLM that are appealed to the Interior

Board of Land Appeals (IBLA) involve

questions of law or evaluation of facts

and evidence to determine eligibility.

However, the question of whether an

allotment is incompatible within a given

CSU requires the technical knowledge

of that CSU’s managers. The three

Department of the Interior agencies

(Bureau of Land Management, National

Park Service, Fish and Wildlife Service)

responsible for CSU’s already have

resource decision appeal processes

similar to the one contained in this

proposed regulation. The Department

believes this proposed CSU appeal

process would be the most efficient.

The time frames in these proposed

regulations would ensure that

disagreements are resolved as quickly as

possible so that conveyance of

allotments would not be excessively

delayed.

IV. Procedural Matters

Executive Order 12866, Regulatory

Planning and Review

These proposed regulations are not a

significant regulatory action and are not

subject to review by the Office of

Management and Budget under

Executive Order 12866. These proposed

regulations will not have an effect of

$100 million or more on the economy.

They 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.

These proposed regulations will not

create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency. These

proposed regulations do not alter the

budgetary effects of entitlements, grants,

user fees, or loan programs or the rights

or obligations of their recipients; nor do

they raise novel legal or policy issues.

The effect of these proposed regulations

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 is

limited by law to 18 months, and

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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.

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?

(A ‘‘section’’ appears in bold type and

is preceded by the symbol ‘‘§ ’’ and a

numbered heading, for example Sec.

2568.61 Where do I file my

application?) (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

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 ANCSA exempt from

NEPA compliance requirements. Since

Congress made the Veterans’s Allotment

Act a part of ANCSA, NEPA does not

apply.

Regulatory Flexibility Act

Congress enacted the Regulatory

Flexibility Act of 1980, as amended, 5

U.S.C. 601–612, to ensure that

Government regulations do not

unnecessarily or disproportionately

burden small entities. The RFA requires

a regulatory flexibility analysis if a rule

would have a significant economic

impact, either detrimental or beneficial,

on a substantial number of small

entities. This proposed rule would

apply only to certain Alaska Native

veterans eligible to apply for allotments.

This rule applies only to Alaska Native

veterans as individuals. 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 (SBREFA)

These proposed regulations are not a

‘‘major rule’’ as defined at 5 U.S.C.

804(2). This proposed rule does not

meet any of the criteria for a ‘‘major

rule’’ under the definition contained in

SBREFA. The proposed rule would

result in some costs to allotment

applicants, and to the Department of the

Interior to implement the allotment

program over the next several years. It

would not result in major cost or price

increases for consumers, industries, or

regions, and the cost increases for

government agencies would be small.

This proposed rule would have no

significant adverse effects on

competition, employment, investment,

productivity, innovation, or the ability

of U.S.-based enterprises to compete

with foreign-based enterprises. The total

annual effect on the economy would be

far below $100 million. Based on

Department of Veterans Affairs data,

BLM estimates that about 1,100

individuals with at least one quarter

Alaska Native blood meet the military

service criteria in the Alaska Native

Veterans law and may be eligible to

apply for allotments. If each applicant

were to choose the maximum number of

land parcels allowed (2), the total

number of parcels involved would be

2,200. BLM estimates the cost of

processing an application for a single

allotment parcel does not exceed

$25,000, including the cost of

adjudication, examination, survey, and

conveyance. This estimate is based on

the average cost of processing allotment

applications originally filed under the

Alaska Native Allotment Act of 1906.

The total cost to process 2,200 parcels

would be $55 million over the life of the

program, which is, the statutory 18-

month application period and as many

additional years as necessary to

complete all applications. In no case

would these costs approximate the $100

million annual impact threshold.

Unfunded Mandates Reform Act

These proposed regulations do not

impose an unfunded mandate on State,

local, or tribal governments or the

private sector of more than $100 million

per year; nor do these proposed

regulations have a significant or unique

effect on State, local, or tribal

governments or the private sector. The

only mandate imposed on State

governments would be for the State

court appointment of personal

representatives in cases involving the

estates of certain deceased applicants,

but this mandate would cost far below

$100 million per year. These proposed

regulations impose no mandate on local

or tribal governments or the private

sector. Program costs would fall

primarily on the Department of the

Interior. Therefore, BLM is not required

to prepare a statement containing the

information required by the Unfunded

Mandates Reform Act (2 U.S.C. 1531 et

seq.).

Executive Order 12630, Governmental

Actions and Interference With

Constitutionally Protected Property

Rights (Takings)

The proposed rule does not represent

a government action capable of

interfering with constitutionally

protected property rights. The proposed

rule would allow BLM to convey

Federal land only under certain

circumstances, and land containing

other applications or entries is

specifically forbidden by law from being

conveyed to Native veterans. Even if a

Native veteran could show use and

occupancy of land before another

application or entry was made, the

Native would have no vested property

right until he or she filed an application

for an allotment under Section 41 of

ANCSA. No existing applications or

entries or other private property

interests would be affected by this

proposed rule. Therefore, the

Department of the Interior has

determined that the rule would not

cause a taking of private property or

require further discussion of takings

implications under this Executive

Order.

Executive Order 13132, Federalism

The proposed rule will not have a

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. Section 41 of

ANCSA does not allow any land

selected by the State of Alaska to be

conveyed to a Native veteran, so there

would be no effect on the State’s ability

to reach its full acreage entitlement from

the Federal government. Native veterans

would not be able to apply for land

already owned by the State, even if they

could show that they used and occupied

the land before the State applied for it.

Allotments conveyed under Section 41

of ANCSA are not taxable, just as

allotments conveyed under the 1906 Act

are not taxable, so there would be no

Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules 6265

effect on State or local property tax

revenue. Therefore, in accordance with

Executive Order 13132, BLM has

determined that this proposed rule does

not have sufficient Federalism

implications to warrant preparation of a

Federalism Assessment. Representatives

of the State of Alaska and the BLM

Alaska have had general discussions on

the content of the statute and the

proposed regulations. Representatives of

the State of Alaska and of the Natives

recognize that lands selected by the

State or conveyed to the State are

prohibited from land availability under

this statute.

Executive Order 12988, Civil Justice

Reform

Under Executive Order 12988, the

Office of the Solicitor has determined

that this proposed rule would not

unduly burden the judicial system and

that it meets the requirements of

sections 3(a) and 3(b)(2) of the Order.

Paperwork Reduction Act

This proposed rule contains

information collection requirements

covered under the provisions of the

Paperwork Reduction Act of 1995, 44

U.S.C 3501 et seq. All the information

requirements pertain to an application

form, whereby Alaska veterans may

apply for the benefits described in this

proposed rule. BLM has prepared and

requested OMB to review and approve

an information collection package for

the application form. Because all the

information requirements are contained

in the application form and covered by

that information collection package,

BLM has not prepared a separate

information collection package for these

regulations.

The information BLM asks for in the

form identified in Section 2568.73 will

be collected through the allotment

application form ‘‘Alaska Native

Vietnam Veteran Allotment

Application,’’ under an OMB form

number to be assigned when OMB

approves the collection. BLM would

require individual Alaska Native

veterans who apply for allotments under

Section 41 of ANCSA or, in the case of

certain deceased veterans, the personal

representatives of their estates to

comply with the information collection

requirement.

Specific information to be collected is

as follows:

Name, address, date of birth,

telephone number, dates of military

service, branch of service, legal

description of land for which veteran or

representative is applying, dates of

occupancy of land, description and

value of improvements on land, and

specific uses of land.

BLM estimates the total number of

respondents will be approximately

1,100 and the burden on new

respondents will be approximately

30,800 hours. These estimates apply to

the entire 18-month application period.

For a 12-month period this works out to

732 applicants and 20,496 hours. The

estimate of the number of respondents

is based on computer data from the

Department of Veterans Affairs

concerning Alaska Native veterans with

at least one quarter Alaska Native blood

who served in the U.S. military between

January 1, 1969, and December 31, 1971.

This data was further screened to

identify those persons who met the 6

months’ service requirement in Section

41 of ANCSA. BLM derived the total

estimated burden hours by multiplying

the number of potential respondents by

an estimate of the 28 hours required to

complete the application form and

obtain the other documentation required

by the form. The majority of questions

on the form require brief answers, many

of them simply ‘‘yes’’ or ‘‘no.’’ Only two

questions require narrative responses

and in both cases responses are not

required from all applicants.

Organizations and individuals

desiring to submit comments on the

information collection requirements

should direct them to the Office of

Information and Regulatory Affairs,

Office of Management and Budget, New

Executive Office Building, Washington,

DC 20503; Attention: Desk Officer for

the Department of the Interior.

BLM 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 BLM, including whether

the information will have practical use;

Evaluating the accuracy of BLM’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 technological

collection techniques or other forms of

information technology; such as

permitting electronic submittal of

responses.

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 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

BLM on the proposed regulations.

Author

The principal author of this rule is

Connie Van Horn, Division of

Conveyance Management, Bureau of

Land Management, Anchorage, Alaska;

assisted by Frank Bruno of 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.

Dated: February 2, 2000.

Sylvia V. Baca,

Acting Assistant Secretary, Land and

Minerals Management.

Accordingly, BLM proposes to amend

43 CFR part 2560 as follows:

1. The authority citation for part 2560

continues to read as follows:

Authority: 43 U.S.C. 1201, 1740.

2. Add subpart 2568 to read as

follows:

Subpart 2568—Alaska Native Allotments for

Certain Veterans

Purpose

Sec.

2568.10 What Alaska Native allotment

benefits are available to certain Alaska

Native veterans?

Regulatory Authority

2568.20 What is the legal authority for these

allotments?

2568.21 Do other regulations directly apply

to these regulations?

Definitions

2568.30 What terms do I need to know to

understand these regulations?

Information Collection

2568.40 Does BLM have the authority to ask

me for the information required in these

regulations?

Who Is Qualified for an Allotment

2568.50 What qualifications do I need to be

eligible for an allotment?

Personal Representatives

2568.60 May the personal representatives of

eligible deceased veterans apply on their

behalf?

2568.61 What are the requirements for a

personal representative?

2568.62 Under what circumstances does

BLM accept the appointment of a

personal representative?

2568.63 Under what circumstances does

BLM reject the appointment of a

personal representative?

6266 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules

2568.64 Are there different requirements for

giving an allotment to the estate of a

deceased veteran?

Applying for an Allotment

2568.70 If I am qualified for an allotment,

when can I apply?

2568.71 Where do I file my application?

2568.72 When does BLM consider my

application to be filed too late?

2568.73 Do I need to fill out a special

application form?

2568.74 What else must I file with my

application?

2568.75 Must I include a Certificate of

Indian Blood as well as Department of

Defense verification of qualifying

military service when I file my

application with BLM? Also, if I am a

personal representative filing on behalf

of the estate of a deceased veteran, must

I also file the Department of Veterans

Affairs verification of cause of death at

this time?

2568.76 Do I need to pay any fees when I

file my application?

2568.77 Do I have to post the land in my

application on the ground?

2568.78 Will my application segregate the

land for which I am applying from other

applications or land actions?

2568.79 Are there any rules about the

number and size of parcels?

2568.80 Does the parcel have to be

surveyed before I can receive title to it?

2568.81 If BLM finds errors in my

application, will BLM give me a chance

to correct them?

2568.82 If BLM decides that I have not

submitted enough information to show

qualifying use and occupancy, will it

reject my application or give me a

chance to submit more information?

Available Lands General

2568.90 If I qualify for an allotment, what

land may BLM convey to me?

2568.91 Is there land owned by the Federal

government that BLM cannot convey to

me even if I qualify?

2568.92 Is there a limit to how much water

frontage my allotment can include?

2568.93 Can I receive an allotment of land

that is valuable for minerals?

Available Lands-Conservation System Units

(CSU)

2568.100 What is a Conservation System

Unit?

2568.101 If the land I used and occupied is

within a Conservation System Unit

(CSU) other than a National Wilderness

or any part of a National Forest, can I

receive title to it?

2568.102 Is the process by which the

managing agency decides whether my

allotment is not inconsistent with the

CSU the same as other such

determination processes?

2568.103 By what process does the

managing agency of a CSU decide if my

allotment would be consistent with the

CSU?

2568.104 How will a CSU manager

determine if my allotment is consistent

with the CSU?

2568.105 In what situations could a CSU

manager likely find an allotment to be

consistent with the CSU?

2568.106 In what situations could a CSU

manager generally find an allotment to

be inconsistent with the purposes of a

CSU?

Alternative Allotments

2568.110 If I qualify for Federal land in one

of the categories BLM cannot convey, is

there any other way for me to receive an

allotment?

2568.111 What if BLM decides that I qualify

for land that is in the category of Federal

land that BLM cannot convey?

2568.112 What do I do if BLM notifies me

that I am eligible to choose an alternative

allotment?

2568.113 How do I apply for an alternative

allotment if the CSU manager determines

my application is inconsistent with a

CSU?

2568.114 When must I apply for an

alternative allotment if the CSU manager

determines my application is

inconsistent with a CSU?

Appeals

2568.120 What can I do if I disagree with

any of the decisions that are made about

my allotment application?

2568.121 If an agency determines my

allotment is inconsistent with the

purposes of a CSU, what can I do if I

disagree?

2568.122 What then does the CSU manager

do with my request for reconsideration?

2568.123 Can I appeal the CSU Manager’s

reconsidered decision if I disagree with

it?

Subpart 2568-Alaska Native Allotments for

Certain Veterans

Purpose

§ 2568.10 What Alaska Native allotment

benefits are available to certain Alaska

Native veterans?

Eligible Alaska Native veterans may

receive an allotment of one or two

parcels of Federal land in Alaska

totaling no more than 160 acres.

Regulatory Authority

§ 2568.20 What is the legal authority for

these allotments?

(a) The Alaska Native Claims

Settlement Act, 43 U.S.C. 1601 et seq.

(ANCSA), as amended.

(b) Section 432 of Public Law 105–

276, the Appropriations Act for the

Departments of Veterans Affairs and

Housing and Urban Development for

fiscal year 1999, which amended

ANCSA by adding section 41.

(c) The Native Allotment Act of 1906,

34 Stat. 197, as amended, 42 Stat. 415

and 70 Stat. 954, 43 U.S.C. 270–1

through 270–3 (1970).

§ 2568.21 Do other regulations directly

apply to these regulations?

Yes. The regulations implementing

the Native Allotment Act of 1906, 43

CFR Subpart 2561, also apply to Alaska

Native Veteran Allotments to the extent

they are not inconsistent with section 41

of ANCSA or any provisions in this

Subpart.

Definitions

§ 2568.30 What terms do I need to know to

understand these regulations?

Alaska Native is defined in the Native

Allotment Act of 1906 as amended by

the Act of August 2, 1956, 70 Stat. 954.

Allotment has the same meaning as in

43 CFR 2561.0–5(b).

Conservation System Unit (CSU) has

the same meaning as under Sec. 102(4)

of the Alaska National Interest Lands

Conservation Act of December 2, 1980

(ANILCA), 16 U.S.C. 3102(4).

Veteran has the same meaning as in

38 U.S.C. 101, paragraph 2.

Information Collection

§ 2568.40 Does BLM have the authority to

ask me for the information required in these

regulations?

(a) Yes. The Office of Management

and Budget has approved, under 44

U.S.C. 3507, the information collection

requirements contained in this subpart

2568 and has assigned them clearance

number xxxx-xxxx for Form AK–2561–

10. BLM uses this information to

determine if using the public lands is

appropriate. You must respond to obtain

a benefit.

(b) BLM estimates that the public

reporting burden for this information is

as follows: 28 hours per response to fill

out form AK–2561–10. These estimates

include the time for reviewing

instruction, searching existing data

sources, gathering and maintaining the

data needed and completing the

collection of information.

(c) Send comments regarding this

burden estimate or any other aspect of

this collection to the Information

Collection Clearance Officer, Bureau of

Land Management, 1849 C St. N.W.,

Mail Stop 401 LS, Washington, D.C.

20240.

Who Is Qualified for an Allotment

§ 2568.50 What qualifications do I need to

be eligible for an allotment?

To qualify for an allotment you must:

(a) Have been eligible for an allotment

under the Native Allotment Act as it

was in effect before December 18, 1971;

and

(b) Be a veteran who served at least

six months between January 1, 1969,

and June 2, 1971, or enlisted or was

drafted after June 2, 1971, but before

December 3, 1971; and

(c) Not have already received

conveyance or approval of an allotment.

Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules 6267

(However, if you received an allotment

interest by inheritance, devise, gift, or

purchase you are not disqualified from

applying); and

(d) Not have a Native allotment

application pending on October 21,

1998.

Personal Representatives

§ 2568.60 May the personal

representatives of eligible deceased

veterans apply on their behalf?

Yes. The personal representative may

apply for an allotment, for the benefit of

the deceased veteran’s heirs, if between

January 1, 1969, and December 31, 1971,

the deceased veteran:

(a) Was killed in action, or

(b) Was wounded in action and later

died as a direct consequence of that

wound, as determined and certified by

the Department of Veterans Affairs, or

(c) Died while a prisoner of war.

§ 2568.61 What are the requirements for a

personal representative?

The person filing the application must

present proof of a current appointment

as personal representative of the estate

of the deceased veteran by the proper

court, or proof that this appointment

process has begun.

§ 2568.62 Under what circumstances does

BLM accept the appointment of a personal

representative?

BLM will accept an appointment of

personal representative made any time

after an eligible person dies, even if that

appointment came before enactment of

the Alaska Native Veterans Law.

§ 2568.63 Under what circumstances does

BLM reject the appointment of a personal

representative?

If the appointment process is

incomplete at the time of allotment

application filing, the prospective

personal representative must file the

proof of appointment with BLM within

18 months after the application filing

deadline or BLM will reject the

application.

§ 2568.64 Are there different requirements

for giving an allotment to the estate of a

deceased veteran?

No. The estate of the deceased veteran

eligible under section 2568.60 must

meet the same requirements for a Native

allotment as other living Alaska Native

veterans.

Applying for an Allotment

§ 2568.70 If I am qualified for an allotment,

when can I apply?

If you are qualified, you can apply

between (insert the effective date of

rule) and (insert the date which is 18

months after the effective date of the

rule).

§ 2568.71 Where do I file my application?

You must file your application in

person or by mail with the BLM Alaska

State Office.

§ 2568.72 When does BLM consider my

application to be filed too late?

BLM will consider applications to be

filed too late if they are:

(a) Submitted in person after the

deadline in 43 CFR 2568.70, or

(b) Postmarked after the deadline

indicated at 43 CFR 2568.70.

§ 2568.73 Do I need to fill out a special

application form?

Yes. You must complete form no. AK–

2561–10, ‘‘Alaska Native Veteran

Allotment Application.’’

§ 2568.74 What else must I file with my

application?

You must also file:

(a) A Certificate of Indian Blood,

which is a Bureau of Indian Affairs

form,

(b) A DD Form 214 ‘‘Certificate of

Release or Discharge from Active Duty’’

or other documentation from the

Department of Defense to verify military

service, as well as any information on

cause of death supplied by the

Department of Veterans Affairs,

(c) A map at a scale of 1:63,360 or

larger, sufficient to locate on the ground

the land for which you are applying,

and

(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

BLM to locate the parcel on the ground.

You must also estimate the number of

acres in each parcel.

§ 2568.75 Must I include a Certificate of

Indian Blood as well as Department of

Defense verification of qualifying military

service when I file my application with

BLM? Also, if I am a personal

representative filing on behalf of the estate

of a deceased veteran, must I also file the

Department of Veterans Affairs verification

of cause of death at this time?

Yes. If any of these documents is

missing when you file the application,

BLM will ask you to provide the

information within the time specified in

a notice. BLM will not process the

application until you file the necessary

documents but will consider the

application as having been timely filed.

§ 2568.76 Do I need to pay any fees when

I file my application?

No. You do not need to pay a fee to

file an application.

§ 2568.77 Do I have to post the land in my

application on the ground?

(a) Yes. Before you file your

application you must post the land by

marking all corners on the ground with

your name and address.

(b) On land within a CSU, you must

get a free special use permit from the

CSU manager before you erect any signs

or markers. The CSU manager may

establish in the permit a maximum size

of any signs or markers. If the CSU

manager later decides under § 2568.104

that your allotment is not consistent

with the CSU, you must promptly

remove the signs or markers unless the

CSU manager waives this requirement

in the special use permit.

§ 2568.78 Will my application segregate

the land for which I am applying from other

applications or land actions?

The filing of an application with a

sufficient description to identify the

lands will segregate those lands.

‘‘Segregation’’ has the same meaning as

in 43 CFR 2091.0–5(b).

§ 2568.79 Are there any rules about the

number and size of parcels?

Yes. You may apply for one or two

parcels, but if you apply for two parcels

the two combined cannot total more

than 160 acres. You may apply for less

than 160 acres. Each parcel must be

reasonably compact.

§ 2568.80 Does the parcel have to be

surveyed before I can receive title to it?

Yes. The land in your application

must be surveyed before BLM can

convey it to you. BLM will survey your

allotment at no charge to you, or you

may obtain a private survey. BLM must

approve the survey if it is done by a

private surveyor.

§ 2568.81 If BLM finds errors in my

application, will BLM give me a chance to

correct them?

Yes. If you file your application

during the 18-month filing period and

BLM finds correctable errors, it will

consider the application to be timely

filed once you correct them. BLM will

send you a notice advising you of any

correctable errors and give you at least

60 days to correct them. You must make

corrections within the specified time or

BLM will reject your application.

§ 2568.82 If BLM decides that I have not

submitted enough information to show

qualifying use and occupancy, will it reject

my application or give me a chance to

submit more information?

(a) BLM will not reject your

application without giving you an

opportunity for a hearing to establish

the facts of your use.

6268 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules

(b) If BLM cannot determine from the

information you submit that you met the

use and occupancy requirements of the

1906 Act, it will send you a notice

saying that you have not submitted

enough evidence and will give you at

least 60 days to file additional

information.

(c) If you do not submit additional

evidence by the end of the time BLM

gives you or if you submit additional

evidence but BLM still cannot

determine that you meet the use and

occupancy requirements, the following

process will occur:

(1) BLM will issue a formal contest

complaint telling you why it believes it

should reject your application.

(2) If you answer the complaint and

tell BLM you want a hearing, BLM will

ask an Administrative Law Judge (ALJ)

of the Interior Department, Office of

Hearings and Appeals, to preside over a

hearing to establish the facts of your use

and occupancy.

(3) The ALJ will evaluate all the

written evidence and oral testimony and

issue a decision.

(4) You can appeal this decision to the

Interior Board of Land Appeals

according to 43 CFR part 4.

Available Lands—General

§ 2568.90 If I qualify for an allotment, what

land may BLM convey to me?

You may receive title only to:

(a) Land that:

(1) Is currently owned by the Federal

government,

(2) Was vacant, unappropriated, and

unreserved when you first began to use

and occupy it,

(3) Has not been continuously

withdrawn since before your 5th

birthday,

(4) You started using before December

13, 1968, and

(5) You prove by a preponderance of

the evidence that you used and

occupied in a substantially continuous,

and independent manner, at least

potentially exclusive of others, for five

or more years. This possession of the

land must not be merely intermittent.

‘‘Preponderance of evidence’’ means

evidence which is more convincing than

the evidence offered in opposition to it;

that is, evidence which as a whole

shows that the fact you are trying to

prove is more likely a fact than not.

(b) Substitute land explained in 43

CFR 2568.110.

§ 2568.91 Is there land owned by the

Federal government that BLM cannot

convey to me even if I qualify?

You cannot receive an allotment

containing any of the following:

(a) A regularly used and recognized

campsite that is primarily used by

someone other than yourself. The

campsite area that you cannot receive is

that which is actually used as a

campsite.

(b) Land selected by, but not

conveyed to, the State of Alaska;

(c) Land presently selected by, but not

conveyed to, a Village Corporation as

defined in section 3(j) of ANCSA (43

U.S.C. 1602(j)); a Regional Corporation

as defined in section 3(g) of ANCSA (43

U.S.C. 1602(g)); a Native group as

defined in section 3(d) of ANCSA (43

U.S.C. 1602(d)); or an urban Native

corporation to which conveyance is

authorized by section 14(h)(3) of

ANCSA (43 U.S.C. 1613(h)(3)). A Native

corporation may relinquish up to 160

acres of its selection to allow an eligible

Native veteran to receive an allotment,

as long as the remaining ANCSA

selection comports with the appropriate

selection rules in 43 CFR part 2650. Any

such relinquishment must not cause the

corporation to become underselected.

See 43 U.S.C. 1621(j)(2) for a definition

of underselection;

(d) Land designated as wilderness by

statute;

(e) Land acquired by the Federal

government through gift, purchase, or

exchange;

(f) Land containing any development

owned or controlled by a unit of

government, or a person other than

yourself;

(g) Land withdrawn or reserved for

national defense, other than the

National Petroleum Reserve-Alaska;

(h) National Forest land; or

(i) Land selected or claimed, but not

yet conveyed, under a public land law,

including but not limited to the

following:

(1) Land within a recorded mining

claim;

(2) Home sites;

(3) Trade and manufacturing sites;

(4) Reindeer sites and headquarters

sites;

(5) Cemetery sites.

§ 2568.92 Is there a limit to how much

water frontage my allotment can include?

Yes, in some cases. You will normally

be limited to a half-mile (referred to

as160 rods in the regulations at 43 CFR

part 2094) along the shore of a navigable

water body. If you apply for land that

extends more than a half-mile, BLM will

treat your application as a request to

waive this limitation. As explained in

43 CFR 2094.2, BLM can waive the halfmile limitation if it determines the land

is not needed for a harborage, wharf, or

boat landing area, and that a waiver

would not harm the public interest.

§ 2568.93 Can I receive an allotment of

land that is valuable for minerals?

BLM can convey an allotment that is

known to be or believed to be valuable,

for coal, oil, or gas, but the ownership

of these minerals remains with the

Federal government. BLM cannot

convey to you land valuable for other

kinds of minerals such as gold, silver,

sand or gravel. If BLM conveys an

allotment that is valuable for coal, oil,

or gas, the allottee owns all minerals in

the land except those expressly reserved

to the United States in the conveyance.

Available Lands-Conservation System

Units (CSU)

§ 2568.100 What is a Conservation System

Unit?

A Conservation System Unit (CSU) is

an Alaska unit of the National Park

System, National Wildlife Refuge

System, National Wild and Scenic

Rivers System, National Trails System,

National Wilderness Preservation

System, or a National Forest Monument.

§ 2568.101 If the land I used and occupied

is within a Conservation System Unit (CSU)

other than a National Wilderness or any part

of a National Forest, can I receive title to it?

You may receive title if you qualify

for that allotment and the managing

agency of the CSU agrees that

conveyance of that allotment is not

inconsistent with the purposes of the

CSU.

§ 2568.102 Is the process by which the

managing agency decides whether my

allotment is not inconsistent with the CSU

the same as other such determination

processes?

No. This process is unique to this

regulation. It should not be confused

with any similar process under any

other act, including the incompatibility

process under the National Wildlife

Refuge System Improvement Act of

1998.

§ 2568.103 By what process does the

managing agency of a CSU decide if my

allotment would be consistent with the

CSU?

(a) BLM conducts a field exam, with

you or your representative, to check the

boundaries of the land for which you

are applying and to look for signs of use

and occupancy. The CSU manager or a

designated representative may also

attend the field exam.

(b) The CSU manager or

representative assesses the resources to

determine if the allotment would be

consistent with CSU purposes at that

location. You may submit any other

information for the CSU manager to

consider. You or your representative

may also accompany, at your expense,

Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules 6269

the CSU representative on any field

exam.

(c) The CSU manager submits a

written decision and resource

assessment to BLM within 18 months of

the BLM field exam. The CSU manager

will send you a copy of the decision.

You may request a copy of the resource

assessment.

§ 2568.104 How will a CSU manager

determine if my allotment is consistent with

the CSU?

The CSU manager will decide this on

a case-by-case basis by considering the

law or withdrawal order which created

the CSU. The law or withdrawal order

explains the purposes for which the

CSU was created. The manager would

also consider the mission of the CSU

managing agency as established in law

and policy. The manager will also

consider how the cumulative impacts of

the various activities that would take

place on the allotment might affect the

CSU.

§ 2568.105 In what situations could a CSU

manager likely find an allotment to be

consistent with the CSU?

An allotment could generally be

consistent with the purposes of the CSU

if:

(a) You locate an allotment near land

that BLM has conveyed to a Native

corporation under ANCSA, or

(b) A Native corporation has selected

the land under ANCSA and has said it

would relinquish such selection, as long

as the remaining ANCSA selection

comports with the appropriate selection

rules in 43 CFR part 2650. Any

relinquishment must not cause the

corporation to become underselected.

See 43 U.S.C. 1621(j)(2) for a definition

of underselection.

§ 2568.106 In what situations could a CSU

manager generally find an allotment to be

inconsistent with the purposes of a CSU?

An allotment could generally be

inconsistent in situations including, but

not limited to, the following:

(a) If, by itself or as part of a group

of allotments, it could significantly

interfere with biological, physical,

cultural, scenic, recreational, natural

quiet or subsistence values of the CSU.

(b) If, by itself or as part of a group

of allotments, it obstructs access by the

public or managing agency to the

resource values of surrounding CSU

lands.

(c) If, by itself or as part of a group

of allotments, it could trigger

development or future uses in an area

that would adversely affect resource

values of surrounding CSU lands.

(d) If it is isolated from existing

private properties and opens an area of

a CSU to new access and uses that

adversely affect resource values of the

surrounding CSU lands.

(e) If it interferes with the

implementation of the CSU management

plan.

Alternative Allotments

§ 2568.110 If I qualify for Federal land in

one of the categories BLM cannot convey,

is there any other way for me to receive an

allotment?

Yes. In this case, you may choose an

alternative allotment from the following

types of land within the same ANCSA

Region as the land for which you

originally qualified:

(a) Land within an original

withdrawal under section 11(a)(1) of

ANCSA for selection by a Village

Corporation which was:

(1) Not selected,

(2) Selected and later relinquished, or

(3) Selected and later rejected by

BLM;

(b) Land outside of, but touching a

boundary of a Village withdrawal, not

including land described in 43 CFR

2568.91 or land within a National Park;

or

(c) Vacant, unappropriated, and

unreserved land.

§ 2568.111 What if BLM decides that I

qualify for land that is in the category of

Federal land that BLM cannot convey?

BLM will notify you in writing that

you are eligible to choose an alternative

allotment from lands described in 43

CFR 2568.110.

§ 2568.112 What do I do if BLM notifies me

that I am eligible to choose an alternative

allotment?

You must file a request for an

alternative allotment in the Alaska State

Office as stated in 43 CFR 2568.71 and

follow all the requirements you did for

your original allotment application.

§ 2568.113 How do I apply for an

alternative allotment if the CSU manager

determines my application is inconsistent

with a CSU?

You should contact the appropriate

CSU manager as quickly as possible to

discuss resource concerns, potential

constraints, and impacts on existing

management plans. After you do this

you must file a request for an alternative

allotment with the BLM Alaska State

Office as stated in 43 CFR 2568.71 and

follow all the requirements of the

original allotment application.

§ 2568.114 When must I apply for an

alternative allotment if the CSU manager

determines my application is inconsistent

with a CSU?

Your application for an alternative

allotment must be filed:

(a) Within 12 months of when you

receive a decision from a CSU manager

that says your original allotment is

inconsistent with the purposes of the

CSU or,

(b) Within six months of when you

receive a decision from the CSU

manager on your request for

reconsideration of the original decision

affirming that your original allotment is

inconsistent with the purposes of the

CSU, or

(c) Within three months of the date an

appellate decision from the National

Park Service (NPS) Regional Director,

U.S. Fish and Wildlife Service (USFWS)

Regional Director, or BLM Alaska State

Director becomes final.

Appeals

§ 2568.120 What can I do if I disagree with

any of the decisions that are made about

my allotment application?

You may appeal all decisions, except

for the CSU consistency decisions or

determinations by the Department of

Veterans Affairs, to the Interior Board of

Land Appeals under 43 CFR part 4.

§ 2568.121 If an agency determines my

allotment is inconsistent with the purposes

of a CSU, what can I do if I disagree?

(a) You or your legal representative

may request reconsideration of a CSU

manager’s decision by sending a signed

request to that manager.

(b) The request for reconsideration

must be submitted in person or

postmarked to the CSU manager no later

than 90 calendar days of when you

received the decision.

(c) The request for reconsideration

must include:

(1) The BLM case file number of the

application and parcel, and

(2) Your reason(s) for filing the

reconsideration, and any new pertinent

information.

§ 2568.122 What then does the CSU

manager do with my request for

reconsideration?

(a) The CSU manager will reconsider

the original compatibility decision and

send you a written decision within 45

calendar days after they receive your

request. The 45 days may be extended

for a good reason in which case you

would be notified of the extension in

writing. The reconsideration decision

will give the CSU Manager’s reasons for

this new decision and it will summarize

the evidence that was used.

(b) The reconsideration decision will

provide information on how to appeal if

you disagree with it.

6270 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules

§ 2568.123 Can I appeal the CSU

Manager’s reconsidered decision if I

disagree with it?

(a) Yes. If you or your legal

representative disagree with the

decision you may appeal to the NPS

Regional Director, the USFWS Regional

Director, or BLM Alaska State Director

responsible for the CSU where your

proposed allotment is located.

(b) Your appeal must:

(1) Be in writing,

(2) Be submitted in person to the CSU

manager or postmarked no later than 45

calendar days of when you received the

reconsidered decision.

(3) State any legal or factual reason(s)

why you believe the decision is wrong.

You may include any additional

evidence or arguments to support your

appeal.

(c) You may present oral testimony to

the NPS Regional Director, USFWS

Regional Director, or BLM Alaska State

Director to clarify issues raised in the

written record.

(d) The NPS Regional Director,

USFWS Regional Director, or BLM

Alaska State Director will send you their

written decision within 45 calendar

days of when they receive your appeal.

This period can be extended for a good

reason. You will be notified.

(e) The decision of the NPS Regional

Director, USFWS Regional Director, or

BLM Alaska State Director is the final

administrative decision of the

Department of the Interior.

[FR Doc. 00–2642 Filed 2–7–00; 8:45 am]

BILLING CODE 4310–84–P