Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules 20775

through human cellular and tissuebased products, (2) the scope of such

proposed national requirements and

their impact upon State laws, (3) FDA’s

proposal not to preempt State laws on

legislative consent for cornea

transplants, and (4) any issues raised by

this proposed rule possibly affecting

State laws and authorities. To allow

sufficient time for this to occur, as well

as to allow all interested persons

additional time to evaluate information

and submit meaningful comments, the

agency is reopening the comment period

for 90 days.

Interested persons may submit to the

Dockets Management Branch (address

above) written comments regarding the

proposed rule by July 17, 2000. Two

copies of any comments are to be

submitted, except that individuals may

submit one copy. Comments are to be

identified with the docket number

found in brackets in the heading of this

document. The proposed rule and

received comments may be seen in the

Dockets Management Branch between 9

a.m. and 4 p.m., Monday through

Friday.

Dated: April 10, 2000.

Margaret M. Dotzel,

Acting Associate Commissioner for Policy.

[FR Doc. 00–9581 Filed 4–17–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 70

RIN 1076–AD98

Certificate of Degree of Indian or

Alaska Native Blood

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: This rule will establish

documentation requirements and

standards for filing, processing, and

issuing a Certificate of Degree of Indian

or Alaska Native Blood (CDIB) by the

Bureau of Indian Affairs (Bureau). This

rule will provide the policies and

standards that will allow the Bureau to

issue, amend, or invalidate CDIBs. The

Bureau issues CDIBs to assist

individuals in establishing their

eligibility for programs and services

based upon their status as American

Indians and/or Alaska Natives.

DATES: Send your comments to reach us

on or before July 17, 2000.

We plan to hold consultations on this

proposed rule. The dates of the

consultations are:

April 14, 2000, in Anchorage, Alaska;

May 10, 2000, in Rapid City, South

Dakota; and

May 24, 2000, in Albuquerque, New

Mexico.

See SUPPLEMENTARY INFORMATION for

the addresses of the consultations. Each

meeting will begin at 9:00 a.m. and end

at 4:00 p.m (local time).

ADDRESSES: You may mail comments to

Karen Ketcher, Branch of Tribal

Operations, Eastern Oklahoma Region,

Department of the Interior, Bureau of

Indian Affairs, 101 North 5th Street,

Muskogee, OK 74401. You may also

hand-deliver comments to us at Room

426, at the same address. For

information about filing comments

electronically, see the SUPPLEMENTARY

INFORMATION section under ‘‘Electronic

access and filing address.’’ Comments

will be available for inspection at this

electronic address from 9:00 a.m. to 3:00

p.m. Central Standard time, Monday

through Friday beginning approximately

two weeks after publication of this

proposed rule in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Karen Ketcher, Tribal Operations,

Eastern Oklahoma Region, Bureau of

Indian Affairs, 918–687–2313.

Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service at 1–800–877–8339

between 8:00 a.m. and 4:00 p.m. Central

Standard time, Monday through Friday,

excluding Federal holidays.

SUPPLEMENTARY INFORMATION

I. Public Comment Procedures

Electronic Access and Filing Address

You may access an electronic version

of this proposed rule through our home

page (www.doi.gov/bia/otshome.html).

You may also comment via the Internet

to: Karen Ketcher@bia.gov. Please also

include ‘‘Attention: 1076–AD98’’ 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 918–687–2313.

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 change you recommend.

Where possible, you should reference

the specific section or paragraph of the

proposal you are addressing. We may

not consider or include in the

Administrative Record for the final rule

comments which we receive 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. Central Standard

time), Monday through Friday, except

Federal holidays. We will also post all

comments on the regulation’s Internet

page at the end of the comment period.

Individual respondents may request

confidentiality. If you wish to request

that we 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. We 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.

Consultations

We will hold consultations at the

following locations on the dates and

times specified:

April 14, 2000, in Anchorage, Alaska,

at the Holiday Inn, 239 W. 4th Avenue,

Anchorage, Alaska 99501;

May 10, 2000, in Rapid City, South

Dakota at the Best Western Ramkota

Hotel, 2111 North LaCrosse Street,

Rapid City, South Dakota 57701; and,

May 24, 2000, in Albuquerque, New

Mexico at the Best Western Winrock

Inn, 18 Winrock Center, Albuquerque,

New Mexico 87110.

Any person who wants to participate

in a particular consultation should

notify Karen Ketcher, the person

identified under FOR FURTHER

INFORMATION CONTACT at least one week

before the consultation. If no one

expresses an interest in participating in

a consultation at a given location by that

date, we will not hold that consultation.

If only one person expresses an interest,

we may hold a public meeting rather

than a consultation, and we will include

the results in the Administrative

Record. If we hold a consultation, we

will continue the consultation until

everyone who wants to testify has done

so. In order to assist the transcriber and

to ensure an accurate record, we request

that you give the transcriber a copy of

your testimony. In order to assist us in

preparing appropriate responses/

answers to your questions, we also ask

that if you plan to testify, please submit

20776 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

an advance copy of your testimony to us

at the address previously specified (See

ADDRESSES). However, this submission

of the advance copy of your testimony

is not required.

The meeting sites are accessible to

individuals with disabilities. An

individual with a disability who will

need an auxiliary aid or service to

participate in the consultation, such as

interpreting service, assistive listening

device, or materials in an alternate

format, must notify Karen Ketcher, the

person listed under FOR FURTHER

INFORMATION CONTACT two weeks before

the scheduled consultation date.

Although we will attempt to meet a

request received after that date, the

requested auxiliary aid or service may

not be available because of insufficient

time to arrange it.

II. Background

A Certificate of Degree of Indian or

Alaska Native Blood (CDIB) certifies

that an individual possesses a specific

degree of Indian blood of a federally

recognized Indian tribe(s). A deciding

Bureau official issues the CDIB. We

issue CDIBs so that individuals may

establish their eligibility for those

programs and services based upon their

status as American Indians and/or

Alaska Natives. A CDIB does not

establish membership in a federally

recognized Indian tribe, and does not

prevent an Indian tribe from making a

separate and independent determination

of blood degree for tribal purposes.

In reviewing the Bureau’s practices,

the Interior Board of Indian Appeals

(IBIA) ruled that the degree of Indian

blood of an individual Indian cannot be

changed by the Bureau on the basis of

‘‘the evidentiary standards set forth in

unwritten policy statements’’ and

advised the Bureau to develop and issue

regulations, Underwood v. Deputy

Assistant Secretary-Indian Affairs, 93

I.D. 13, 14 IBIA 3, January 31, 1986. In

the absence of regulations, the Bureau

has been without the authority to

invalidate or amend CDIBs issued in

error. As a result, there are individuals

who do not receive services for which

they may qualify and individuals who

receive services for which they do not

qualify.

Some early Bureau and tribal records

do not indicate degrees of Indian blood

or are inconsistent. Changes and

corrections have been made to these

records without an indication of who

made the change or the basis upon

which they were made. Errors occurred

when individuals submitted delayed or

amended birth certificates and delayed

death certificates as documentation for

Indian blood certification. Amended

birth documents often contain

unreliable birth data, or data that was

received long after the original birth

certification had been issued. For

example, some birth fathers do not

recognize their children until later in

life or when ordered to do so by a court

having jurisdiction, long after a birth

certification may have first been issued.

Adoption records often contain limited

birth data. Only extensive research

provides additional birth data.

Corrections are required when birth

certificates and death certificates are

amended, adoption and paternity

records become available, or complete

family history information and/or

documents not initially submitted are

received.

The rolls of federally recognized

Indian tribes may be used as the basis

for issuing CDIBs. The base rolls of

some tribes are deemed to be correct by

statute, even if errors exist. For example,

the 1906 Federal rolls for the Cherokee,

Chickasaw, Choctaw, Creek, and

Seminole were prepared for purposes of

allotment of tribal lands, and persons of

two or more of these tribes were

enrolled only with the tribe of the

territory of his/her residence and only

with that tribe’s blood degree listed.

Subsequently, the Act of August 4,

1947, 61 Stat. 731, declared that the

base rolls of these tribes are conclusive

as to blood degree when determining

the restricted status of inherited,

allotted lands.

Existing federal laws and regulations

require some form of proof of Indian

blood for various purposes. Some of

these regulations even expressly refer to

Certifications of Degree of Indian Blood.

Unless these laws and regulations are

amended to eliminate the need for a

method of proving Indian blood or

Indian blood degree, uniform standards

for issuance, amendments and denials

of Certificates of Degree of Indian Blood

are essential for compliance with the

law.

The authority to issue rules and

regulations is vested in the Secretary of

the Interior by 5 U.S.C. 301 sections 463

and 465 of the Revised Statutes, and 25

U.S.C. 2 and 9. Publication of the

proposed rule by the Department

provides the public an opportunity to

participate in the rule making process.

Interested persons may submit written

comments regarding the proposed rule

to the location identified in the

ADDRESSES section of this document.

III. Procedural Matters

Executive Order 12866

In accordance with the criteria in

Executive Order 12866, this proposed

rule is not a significant regulatory

action. This proposed rule will not have

an annual economic effect of $100

million or adversely affect an economic

sector, productivity, jobs, the

environment, or other units of

government. Nor does this proposed

rule create inconsistencies with other

agencies’ actions; affect entitlements,

grants user fees, loan programs, or their

recipients; or raise novel legal or policy

issues.

Regulatory Flexibility Act

This proposed rule will not have a

significant economic impact on a

substantial number of small entities as

defined by the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Neither a

Regulatory Flexibility Analysis or a

Small Entity Compliance Guide is

required.

Unfunded Mandates Reform Act

In accordance with the Unfunded

Mandates Reform Act, this proposed

rule will not ‘‘significantly or uniquely’’

affect small governments nor does it

produce a Federal mandate of $100

million or more in any year.

Executive Order 12630

In accordance with Executive Order

12630, this proposed rule does not have

‘‘significant takings’’ implications. This

rule does not pertain to ‘‘taking’’ of

private property interests, nor does it

impact private property.

Executive Order 13132

In accordance with Executive Order

13132, 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.

Executive Order 12988

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that this proposed rule does

not unduly burden the judicial system.

National Environmental Protection Act

In accordance with the National

Environmental Protection Act and 318

DM 2.2(G) and 6.3(D), this proposed

rule does not constitute a major Federal

action significantly affecting the quality

of the human environment.

Paperwork Reduction Act

Sections 70.11, 70.22, 70.23, 70.24,

70.30, and 70.34 contain information

collection and submission requirements.

As required by the Paperwork

Reduction Act of 1995 (44 U.S.C.

3507(d)), we have submitted a copy of

the proposed regulations to the Office of

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules 20777

Management and Budget (OMB) for

review. The agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. We will not require

collection of this information until OMB

has given its approval.

1. Information Collection Request

Type of Review: New.

Title: Request for Certificate of Degree

of Indian or Alaska Native Blood.

Affected Entities: Individual Indians

who may be eligible to receive program

services based upon their status and/or

degree of Indian or Alaska Native blood.

Abstract: The purpose of this

collection is to assist in determining the

eligibility of individuals for various

programs and services available to

American Indians and Alaska Natives.

Disclosure of information may be given

to the Department of the Interior and the

Department of Justice when required for

litigation or anticipated litigation.

Notification of inquiries or access must

be addressed to the appropriate

Regional Director, Bureau of Indian

Affairs.

Submission of this information is

voluntary. However, not providing

information may result in a

determination that an individual is not

eligible to receive program services

based upon his/her status as an

American Indian or Alaska Native. The

information to be collected includes:

certificates of birth and death, probate

determinations, court orders, affidavits,

Federal or tribal census records, and

Social Security records.

All information and documentation is

to be collected once from each

Requester. The reporting and record

keeping burden for this collection of

information is estimated to average 1.5

hours for each response for an estimated

285,000 requests per year or 427,000

hours, including the time for reviewing

instructions, searching existing data

sources and gathering needed data.

Collection of information and

documentation for the appeals

procedures is expected to involve 12

regions receiving 2,400 appeals. The

reporting and record keeping burden for

this collection of information is

estimated to average 2.5 hours for each

appeal for an estimated 6,000 hours per

year, including the time for reviewing

instructions, searching existing data

sources and gathering needed data.

Thus, the estimated total annual

reporting and record keeping burden for

this entire collection is estimated to be

433,000 hours.

Individuals will be required to sign,

under penalty of perjury, a statement

verifying the truth of all of the

information provided in the CDIB

packet.

2. We consider comments by the public

on this proposed collection of

information in:

(a) Evaluating whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility.

(b) Evaluating the accuracy of the

agency’s estimates of burden of the

proposed collection of information,

including the methodology and

assumptions used.

(c) Enhancing the quality, utility, and

clarity of the information to be

collected.

(d) 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.

Tribes, organizations and individuals

desiring to submit comments on the

information collection requirement

should direct them to Attention: Desk

Officer for the Department of the

Interior, Office of Information &

Regulatory Affairs, Office of

Management and Budget, 725 17th

Street NW, Room 10102, Washington,

DC 20503. A copy should be sent to

Karen Ketcher, Branch of Tribal

Operations, Eastern Oklahoma Region,

Department of the Interior, Bureau of

Indian Affairs, 101 North 5th Street,

Muskogee, OK 74401, or hand deliver

them to Room 426, at the same address.

Comments will be available for

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

to 3:00 p.m., Central Standard Time,

Monday through Friday beginning

approximately two weeks after

publication of this proposed rule in the

Federal Register. Please note, these

comments on the proposed form are in

addition to comments you may have on

the proposed regulation itself.

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 on

the proposed regulations.

Small Business Regulatory Enforcement

Fairness Act

This proposed rule is not a major rule

under the Small Business Regulatory

Enforcement Fairness Act, 5 U.S.C.

804(2). This proposed rule does not

have an annual effect on the economy

of $100 million or more nor will it cause

a major increase in costs or prices for

consumers, individual industries,

Federal, State, or local government

agencies, or geographic regions. This

proposed rule does not have significant

adverse effects on competition,

employment, investment, productivity,

innovation, or the ability of U.S.-based

enterprises to compete with foreignbased enterprises.

Executive Order 13084

Executive Order 13084 requires each

agency to have an effective process to

permit elected officials and other

representatives of Indian tribal

governments to provide meaningful and

timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities. On January 31, 1986, the

Interior Board of Indian Appeals (IBIA)

ruled that the degree of Indian blood of

an individual Indian cannot be changed

by the Bureau on the basis of ‘‘the

evidentiary standards set forth in

unwritten policy statements’’ and

advised the Bureau to develop and issue

regulations, Underwood v. Deputy

Assistant Secretary-Indian Affairs, IBIA

93 I.D. 13, 14, IBIA 3. This IBIA

decision affected tribes in eastern

Oklahoma.

As a result, representatives from the

Bureau Central Office, the Eastern

Oklahoma Region, the Tulsa Office of

the Field Solicitor, and the tribes which

contracted the CDIB function under the

Self-Determination and Education

Assistance Act, P.L.93–638, met on

August 11–13, 1987, at the Chickasaw

Motor Inn, Sulphur, Oklahoma, to

develop CDIB regulations for eastern

Oklahoma. Ten of the twenty-seven

individuals attending this meeting

represented various tribes in eastern

Oklahoma. On September 13–14, 1988,

this same work group met again for a

second meeting in Muskogee,

Oklahoma, to continue the work on

these CDIB regulations. A Central Office

Enrollment staff member attended this

meeting and recommended that the

CDIB regulations be written as nationwide regulations for the Bureau. The

work group accepted this

recommendation and held nine

additional meetings beginning May 10,

1989, through June 15, 1992, when a

draft was forwarded to Central Office,

20778 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

Division of Tribal Government Services,

Washington, D.C. On September 13–16,

1994, two members of the work group

(one tribal and one Bureau) traveled to

Washington, D.C. to prepare the draft for

publishing in the Federal Register.

In the mean time, the Inter-Tribal

Council for the Five Civilized Tribes

(Cherokee, Chickasaw, Choctaw, Creek,

and Seminole) passed Resolution No.

97–13, on April 11, 1997, requesting

that the proposed regulations drafted by

the Bureau and Tribal personnel be

published. A second request, Resolution

No. 97–18, enacted on July 11, 1997,

urged publication of the proposed CDIB

regulation. On December 2–3, 1999, the

Eastern Oklahoma Region conducted a

CDIB technical assistance workshop to

train approximately 45 individuals (30

being tribal enrollment staff), who are

involved with the CDIB function. They

fully supported the publication of the

proposed CDIB regulations.

OMB Control #1076–01ll

Expiration Date: ll

Bureau of Indian Affairs Certificate of

Degree of Indian or Alaska Native

Blood Instructions

All portions of the Request for

Certificate of Degree of Indian or Alaska

Native Blood (CDIB) must be completed.

You must show your relationship to an

enrolled member(s) of a federally

recognized Indian tribe, whether it is

through your birth mother or birth

father, or both. A federally recognized

Indian tribe means an Indian or Alaska

Native tribe, band, nation, pueblo,

village, or community which appears on

the list of recognized tribes published in

the Federal Register by the Secretary of

the Interior (25 U.S.C. § 479a–1(a)).

• Your degree of Indian blood is

computed from lineal ancestors of

Indian blood who were enrolled with a

federally recognized Indian tribe or

whose names appear on the designated

base rolls of a federally recognized

Indian tribe.

• You must give the maiden names of

all women listed on the Request for

CDIB, unless they were enrolled by their

married names.

• A Certified Copy of a Birth

Certificate is required to establish your

relationship to a parent(s) enrolled with

a federally recognized Indian tribe(s).

• If your parent is not enrolled with

a federally recognized Indian tribe, a

Certified Copy of your parent’s Birth or

Death Certificate is required to establish

your parent’s relationship to an enrolled

member of a federally recognized Indian

tribe(s). If your grandparent(s) were not

enrolled members of a federally

recognized Indian tribe(s), a Certified

Copy of the Birth or Death Certificate for

each grandparent who was the child of

an enrolled member of a federally

recognized Indian tribe is required.

• Certified copies of Birth

Certificates, Delayed Birth Certificates,

and Death Certificates may be obtained

from the State Department of Health or

Bureau of Vital Statistics in the State

where the person was born or died.

• In cases of adoption, the degree of

Indian blood of the natural (birth)

parent must be proven.

• Refer to 25 CFR Part 70, CDIB to

determine what documents are

acceptable.

1. Your request and supporting

documents should be returned to the

Agency from whom you receive

services.

2. Incomplete requests will be

returned with a request for further

information. No action will be taken

until the request is complete.

BILLING CODE 4310–02–P

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules 20779

20780 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules 20781

Drafting Information

The primary authors of this document

are Karen Ketcher, Tribal Operations

Specialist, Eastern Oklahoma Region;

Suzanne Chaney, Tribal Government

Specialist, Southern Plains Region;

Timothy DeAsis, Tribal Government

Officer, Alaska Region; Donna Peterson,

Tribal Government Specialist, Western

Region; De Springer, Tribal Government

Officer, Midwest Region; James Vallie,

Tribal Government Specialist, Southern

Pueblos Agency; Susan Work, Attorney,

Tulsa Field Solicitor’s Office; Dorson

Zunie, Tribal Government Officer,

Pacific Region; Duane Bird Bear, Chief,

Division of Tribal Government Services,

Central Office; R. Lee Fleming, Chief,

Branch of Acknowledgment and

Research, Central Office; Carolyn

Newman, Tribal Enrollment Specialist,

Central Office.

List of Subjects in 25 CFR Part 70

Alaska Natives, Indians, IndiansFederal certification.

For the reasons given in the preamble,

the Bureau of Indian Affairs proposes to

add a new Part 70 to Title 25, Chapter

I, Subchapter F—Tribal Government, of

the Code of Federal Regulations as set

forth below.

PART 70—CERTIFICATE OF DEGREE

OF INDIAN OR ALASKA NATIVE

BLOOD

Subpart A—General Information

Sec.

70.1 What is the purpose of this part?

70.2 What terms do I need to know?

70.3 What is a Certificate of Degree of

Indian or Alaska Native Blood?

70.4 Who issues, amends, invalidates a

Certificate of Degree of Indian or Alaska

Native Blood; or denies issuance of a

Certificate of Degree of Indian or Alaska

Native Blood?

70.5 Is the information and documentation

I submit with my Certificate of Degree of

Indian or Alaska Native Blood request

available to the public?

70.6 Information collection.

Subpart B—Determining Eligibility

70.10 How do I know if I am eligible to

receive a Certificate of Degree of Indian

or Alaska Native Blood?

70.11 How do I establish my eligibility to

receive a Certificate of Degree of Indian

or Alaska Native Blood?

70.12 How does the Bureau compute my

degree of Indian blood and does the

Bureau compute Indian or Alaska Native

blood of an adoptive parent?

70.13 How can I prove my descent if I or

an ancestor was born out of wedlock?

Subpart C—Obtaining a Certificate of

Degree of Indian or Alaska Native Blood

70.20 What steps do I need to follow to

obtain a Certificate of Degree of Indian or

Alaska Native Blood?

70.21 Are there penalties for filing false

information?

70.22 What documents must I submit with

my request?

70.23 What primary documents can I

submit to establish my relationship to a

lineal ancestor who is listed on a base

roll?

70.24 What supporting documents must I

submit to establish my relationship to a

lineal ancestor listed on a base roll?

Subpart D—Information on Bureau Actions

on Certificate of Degree of Indian or Alaska

Native Blood Requests

70.25 How will I know what information

the deciding Bureau official will rely

upon to determine whether I receive a

Certificate of Degree of Indian or Alaska

Native Blood?

70.26 What steps do I follow if I possess

Indian or Alaska Native blood from more

than one federally recognized Indian

tribe?

70.27 What information is shown on the

Certificate of Degree of Indian or Alaska

Native Blood which the Bureau issued to

me?

70.28 Do I become a member of an Indian

Tribe when the Bureau issues me a

Certificate of Degree of Indian or Alaska

Native Blood?

70.29 What response can I expect from the

Bureau when I make a request for a

Certificate of Degree of Indian or Alaska

Native Blood?

Subpart E—Appeal Procedures

70.30 What can I do if I do not agree with

the deciding Bureau official who issued

the degree of Indian blood or other

information contained on my Certificate

of Degree of Indian or Alaska Native

Blood?

70.31 What can I do if my request for a

Certificate of Degree of Indian or Alaska

Native Blood is denied?

70.32 What is the deadline for filing my

appeal, and what will happen if I do not

meet the deadline?

70.33 What are the steps for filing an appeal

when I disagree with the information on

the Certificate of Degree of Indian or

Alaska Native Blood which the deciding

Bureau official provided?

70.34 Can I submit additional information if

I choose to file an appeal and what is the

burden of proof?

70.35 What action can I expect from the

Bureau’s Regional Director if I file an

appeal?

70.36 What action can I expect if I appeal

the Regional Director’s decision?

Subpart F—Other

70.37 Can my Certificate of Degree of Indian

or Alaska Native Blood be invalidated or

amended to change my degree of Indian

blood? If so, under what circumstances?

70.38 Can my Certificate of Degree of Indian

or Alaska Native Blood be sent to an

authorized third party?

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

Subpart A—General Information

§ 70.1 What is the purpose of this part?

This part specifies the requirements

for the documentation of degree of

Indian blood and uniform standards by

which we may issue, amend, or

invalidate a Certificate of Degree of

Indian or Alaska Native Blood. The

Bureau issues CDIBs to assist

individuals in establishing their

eligibility for programs and services

based upon their status as American

Indians and/or Alaska Natives.

(a) CDIBs do not establish

membership in federally recognized

Indian tribes.

(b) CDIBs may not be used for

purposes of determining restricted or

trust status of Indian lands if the blood

degree on the CDIB is inconsistent with

a determination of blood degree based

on any federal law containing special

standards for determination of the

landowner’s Indian blood degree or for

probate purposes.

§ 70.2 What terms do I need to know?

As used in this part:

Adopted person means a person who

has been permanently placed for

adoption with a substitute parent(s)

pursuant to tribal or state law.

Authorized representative means any

properly designated person, including

the parent of a child (under 18 years),

the legal guardian, lawyer, and/or the

parent who has legal custody, who files

a request or an appeal on behalf of the

person.

Base roll means the specified

allotment, annuity, census, or other roll

upon which membership in a federally

recognized Indian tribe is based, as

designated by a federal statute, by the

Secretary, or by the tribe’s written

governing document, such as a

constitution, enrollment ordinance, or

resolution; or the Alaska Native Claims

Settlement Act roll established pursuant

to 43 U.S.C. 1604.

Bureau means Bureau of Indian

Affairs, Department of the Interior.

CDIB means Certificate of Degree of

Indian (or Alaska Native) Blood.

Commissioner means the

Commissioner of Indian Affairs or the

Deputy Commissioner of Indian Affairs.

Deciding Bureau Official means the

Regional Director, Superintendent/Field

Representative or the Secretary’s

designee with delegated administrative

jurisdiction for the federally recognized

Indian tribe(s) from which your Indian

blood is derived.

Department means the Department of

the Interior.

Indian means any person of Indian or

Alaska Native blood who is a member

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of those tribes listed or eligible to be

listed in the Federal Register pursuant

to 25 U.S.C. 479a–1(a); or any

descendant of such person who was

residing within its boundaries of any

Indian reservation on June 1, 1934; or

any person not a member of one of the

listed or eligible to be listed tribes who

possesses at least one-half degree of

Indian blood. For purposes of these

regulations, Eskimos and other

aboriginal peoples of Alaska shall be

considered Indians.

Indian blood means Indian or Alaska

Native blood of a Federally recognized

Indian tribe.

Indian tribe means an Indian or

Alaska Native tribe, band, nation,

pueblo, village, or community which

appears on the list of recognized tribes

published in the Federal Register by the

Secretary of the Interior (25 U.S.C.

479a–1(a)).

Lineal ancestor means a direct

ancestor, such as a parent, grandparent

or great-grandparent. Collateral relatives

such as aunts, uncles, brothers, and

sisters, are not considered lineal

ancestors.

Maternal refers to the mother’s side.

Paternal refers to the father’s side.

Regional Director means the director

of a specific Bureau region, or his/her

designee, who has delegated

administrative jurisdiction over the

local field office(s) responsible for

administering the affairs of a federally

recognized Indian tribe(s).

Requester means the individual or the

authorized representative making the

formal request for a CDIB.

Secretary means the Secretary of the

Department of the Interior, or his/her

designee.

Superintendent/Field Representative

means the Bureau official in charge of

the agency/field office, or his/her

designee, who has immediate delegated

administrative responsibility for the

affairs of a federally recognized Indian

tribe.

§ 70.3 What is a Certificate of Degree of

Indian or Alaska Native Blood?

A CDIB is an official document that

certifies an individual possesses a

specific degree of Indian blood of a

federally recognized Indian tribe.

§ 70.4 Who issues, amends, invalidates a

Certificate of Degree of Indian or Alaska

Native Blood; or denies issuance of a

Certificate of Degree of Indian or Alaska

Native Blood?

Only one of the following deciding

Bureau officials with delegated

administrative jurisdiction for the

federally recognized Indian tribe(s) from

which your Indian blood is derived may

sign, issue, amend, or invalidate the

CDIB, or deny issuance of the CDIB:

(a) The Regional Director;

(b) The Superintendent/Field

Representative; or

(c) The Secretary’s designee.

§ 70.5 Is the information and

documentation I submit with my Certificate

of Degree of Indian or Alaska Native Blood

request available to the public?

(a) CDIB records are protected from

disclosure under the Privacy Act, 5

U.S.C. 552a. Personal information

contained in the CDIB file will not be

available to the public.

(b) A statement may be provided to a

Federal, State, or local agency that your

CDIB has been amended or that your

CDIB has been invalidated, if a request

is made by a Federal, State, or local

agency where necessary to obtain

information relevant to the hiring or

retention of an employee, or the

issuance of a security clearance,

contract, license, grant or other benefit.

§ 70.6 Information collection.

The information collection

requirement contained in § 70.11 has

been approved by the Office of

Management and Budget under the

Paperwork Reduction Act of 1995, 44

U.S.C. 3507(d), and assigned clearance

number llll. Information is

collected when individuals seek

certification that they possess Indian

blood to receive Federal program

services based upon their status as

American Indians.

Subpart B—Determining Eligibility

§ 70.10 How do I know if I am eligible to

receive a Certificate of Degree of Indian or

Alaska Native Blood?

You are eligible to receive a CDIB if

your name or the name of your lineal

ancestor appears as an Indian by blood

on a base roll of a federally recognized

Indian tribe.

§ 70.11 How do I establish my eligibility to

receive a Certificate of Degree of Indian or

Alaska Native Blood?

You have the burden of proving you

are eligible to receive a CDIB. To

establish your eligibility, you must do

one of the following:

(a) You must be listed as an Indian by

blood on a designated base roll.

(b) You must furnish proof of your

relationship to your closest lineal

ancestor who has received a CDIB. Your

proof must meet the requirements of

§§ 70.22 and 70.23. We will presume

that your ancestor’s CDIB contains an

accurate statement of degree of Indian

blood unless we find that the blood

degree in the CDIB is inaccurate or

unless you challenge the accuracy of the

blood degree as stated on that CDIB.

(c) You must furnish proof of your

relationship with a lineal ancestor listed

as an Indian by blood on the base roll(s).

This proof must meet the requirements

of §§ 70.22 and 70.23. This paragraph

applies only if:

(1) We or you challenge the accuracy

of the blood degree contained in the

CDIB of your closest lineal ancestor; or

(2) There is no CDIB for your closest

lineal ancestor.

§ 70.12 How does the Bureau compute my

degree of Indian blood and does the Bureau

compute Indian or Alaska Native blood of

an adoptive parent?

Your degree of Indian blood is

computed from the Indian blood degree

of your lineal ancestors. Lineal ancestry

and blood degree are based on birth

parentage as explained in this section.

(a) You obtain one-half of the Indian

blood of each of your birth parents.

(1) You obtain one-half of the Indian

blood of your birth mother. For

example, if your grandmother was full

blood, your mother obtained one-half

Indian blood from your grandmother.

Using that example, if your mother

obtained no Indian blood through her

father, then you obtained one-fourth

Indian blood from your mother.

(2) You obtain one-half of the Indian

blood from your birth father. If you were

born out of wedlock, then you will

obtain one-half of the Indian blood from

your birth father only if his identity is

proven under § 70.13.

(3) To calculate your total Indian

blood degree, add together your blood

degree obtained from your birth mother

and your blood degree obtained from

your proven birth father. As an example,

if you obtain one-fourth degree Indian

blood from your mother and one-fourth

degree of Indian blood from your father,

your degree of Indian blood is one-half

(1⁄4+1⁄4=1⁄2).

(b) An adoptive parent is not a lineal

ancestor and blood degree cannot be

derived from an adoptive parent.

§ 70.13 How can I prove my descent if I or

an ancestor was born out of wedlock?

This section applies to you if you or

one of your ancestors was born out of

wedlock. For purposes of blood degree

computation, you can prove the identity

of your or your ancestor’s birth father if

you can provide any one of the

following for each person born out of

wedlock:

(a) The person’s certified birth

certificate listing the name of the father;

(b) A written document in which the

birth father acknowledged paternity of

the person born out of wedlock. The

document must have been:

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules 20783

(1) Filed in a state court child custody

proceeding as defined by the Indian

Child Welfare Act, 25 U.S.C. 1903; or

(2) Recorded with an Office of Vital

Statistics or other state agency

authorized by law to receive paternity

acknowledgments in the state where the

person was born;

(c) A final court order that contains a

finding establishing paternity. The court

issuing the order must have jurisdiction

in a paternity determination, child

support case, parental rights

termination, adoption, determination of

heirship as described in § 70.23, or other

judicial proceeding in which paternity

is an essential element; or

(d) A final decision of an

administrative law judge in an Indian

probate proceeding filed under 43 CFR

part 4 that establishes paternity.

Subpart C—Obtaining a Certificate of

Degree of Indian or Alaska Native

Blood

§ 70.20 What steps do I need to follow to

obtain a Certificate of Degree of Indian or

Alaska Native Blood?

To obtain a CDIB you must follow the

procedures in this section.

(a) You must request a CDIB form

from the local Bureau office.

(b) You must complete the request,

including verification that you have

read the summary describing your rights

if you disagree with any decisions

concerning your request.

(c) You must sign the request unless

you meet one of the following

exceptions:

(1) If you are a minor under the age

of 18, only your custodial parent may

complete and sign the request for you.

A custodial parent includes:

(i) An adoptive parent;

(ii) A court-appointed legal guardian;

or

(iii) An Indian custodian as defined

by the Indian Child Welfare Act, 25

U.S.C. 1903.

(2) If you are physically incapacitated,

one of the following may complete the

request for you:

(i) A court-appointed legal guardian;

(ii) A court-appointed conservator; or

(iii) A person to whom you have given

a written power of attorney.

(3) Only a court-appointed legal

guardian may complete the request for

an adult who has been declared

mentally incompetent by a court having

jurisdiction.

(d) After completing and signing the

request, you must submit it and any

required documents to the Bureau

official who has delegated

administrative jurisdiction over the

federally recognized Indian tribe(s) from

which your Indian blood is derived.

§ 70.21 Are there penalties for filing false

information?

Yes. Under 18 U.S.C. 1001, Bureau

personnel are required to report any

person who knowingly files false or

fraudulent information. Persons

convicted of this offense may be fined

and/or imprisoned not more than five

(5) years.

§ 70.22 What documents must I submit

with my request?

When you submit your request for a

CDIB, you must also submit the

documents required by this section.

(a) If you are listed on an officially

approved base roll, the only thing you

must submit is a request with an

original signature.

(b) If you are not on a base roll, you

must submit at least one of the primary

records required by § 70.23. The record

that you submit must establish your

relationship to your closest lineal

ancestor who either:

(1) Has received a CDIB which

contains an accurate statement of degree

of Indian blood, or

(2) Is listed on a base roll.

(c) Depending upon which of the

documents listed in § 70.23 you submit,

you may also have to submit additional

documents required by § 70.24.

§ 70.23 What primary documents can I

submit to establish my relationship to a

lineal ancestor who is listed on a base roll?

To meet the requirement in § 70.22(b)

for establishing your relationship to an

ancestor, you must submit at least one

of the documents listed in the following

table. Each document that you submit

must meet the conditions shown in the

table.

If you submit a primary document

such as... It must . . . And . . . And . . .

(a) Birth certificate ........................... Be certified by the state where

you and/or your lineal ancestor

were born.

You must submit the original reproduction of the birth certificate that contains the person’s

parentage, the state seal, the

state registrar’s signature, and

the state file number.1

(b) Delayed certificate of birth ......... Be certified by the state where

you and/or your lineal ancestor

were born.

You must submit the original reproduction of the delayed birth

certificate that contains the person’s parentage, the state seal,

the state registrar’s signature,

and the state file number.

You must verify the birth parent

information by submitting at

least one of the supporting documents listed in § 70.24.1

(c) Record showing that you or your

ancestor were born outside the

United States.

Be a certified copy of the official

U.S. Department of State

record of birth or a certified

copy or translation of the

record of birth on file with the

foreign agency responsible for

recording vital records.

If the Department of State record

is not available, you may submit the Department of State’s

Notice of No Record on File

and a certified copy or translation of the record on file with

the foreign agency responsible

for recording vital records.

(d) A replacement birth certificate

due to adoption.

Show your new name and the

name(s) of your adoptive parent(s).

You must also submit one of the

documents identified in

§ 70.24(b).

(e) A certificate of death or a delayed certificate of death for your

lineal ancestor.

Show the ancestor’s parentage ... You must submit the original reproduction of the death record,

showing parentage, the state

seal, the state registrar’s signature, and the state file number.

You must also verify the ‘‘parent’s

names’’ by submitting at least

one of the documents listed in

§ 70.24.

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If you submit a primary document

such as... It must . . . And . . . And . . .

(f) A determination of heirship ........ Be issued by order of a court

having jurisdiction in a determination of heirship proceeding.

Filed under Federal statute, an

administration of estate or probate proceeding; or issued by

order of an administrative law

judge in an Indian probate proceeding filed under 43 CFR

part 4.2

You must submit at least one of

the supporting documents listed

in § 70.24(a)(2)–(5).

1 If state law prohibits the release of a full photocopy of the birth certificate or delayed birth certificate without a court order, you may submit a

computer generated or transcriptional record. The record must be verified by the sworn statement or affidavit of your Indian parent, family member (if Indian parent(s) is deceased), or other person familiar with your family ancestry (if Indian parent(s) or other family member(s) are deceased). A sworn statement or affidavit must follow the requirements of § 70.24(a)(4). 2The order must identify the heirs of the decedent who is the subject of the proceeding. The order will only be used to prove family relationships; no specific recitation or finding of blood degree contained in the order may be used as evidence of blood degree. An order determining

heirs in a quiet title, partition or other civil action may not be used as a primary document.

§ 70.24 What supporting documents must

I submit to establish my relationship to a

lineal ancestor listed on a base roll?

(a) If you submit one of the primary

documents listed in § 70.23(b), (e), or (f),

you must also submit at least one of the

supporting documents specified in the

following table.

You can submit a supporting document such as . . . But . . .

(1) A determination of heirship court order or administrative law judge

order as described in § 70.23(f) as a supporting document.

If you use a determination of heirship or administrative law judge order

as a primary document, you cannot use another determination of

heirship or administrative law judge order as a supporting document.

(2) The hospital birth certificate as a record of birth to support a primary document.It does not necessarily establish parentage.

(3) A certified transcription issued by the Bureau of Census, proof of

death and heirship records and per capita payment records, Federal

and tribal census records, and Social Security records..

(4) An affidavit or an original written declaration made under oath before a notary public may be used to support a primary document to

identify or clarify discrepancies in names and to verify facts.

You must follow the rules in § 70.24(c).1

1 If identification is not questioned, minor variations, such as in spelling of names, may not require further proof.

(b) If you or one of your lineal

ancestors was adopted and you

submitted a replacement birth certificate

as a primary document under § 70.23(d),

you must submit one of the documents

specified in the following table.

If . . . And . . . Then . . .

(1) The adoption occurred after November 8,

1978.

We received adequate documents from the

adoption court or attorney of record under

the Indian Child Welfare Act (25 U.S.C.

1951).

Ask us to use all of the documents that identify the adoptee’s birth parents.1

(2) The adoption occurred after November 8,

1978.

We received documents under the Indian

Child Welfare Act but they are not sufficient

to establish the identity of the adoptee’s

birth parents.

You must submit one of the documents specified in paragraph (d) of this section.

(3) The adoption occurred after November 8,

1978.

We received no documents on the adoption

under the Indian Child Welfare Act.

You must either ask us to request this information from the court which entered the

final decree, or submit one of the documents specified in paragraph (d) of this

section.

(4) The adoption occurred before November 8,

1978.

You must submit one of the documents specified in paragraph (d) of this section.

1We will keep this information in a restricted file that is not accessible to the adopted person or anyone not involved in the certification

process.

(c) If you submit an affidavit as a

supporting document under

§ 70.24(a)(4), it must meet all of the

following criteria:

(1) The affidavit must be executed by

someone who has personal knowledge

of facts or events, such as a relative;

(2) You cannot execute the affidavit;

(3) The affidavit must include a

statement advising the individual

signing the affidavit that he or she is

subject to criminal penalties for

knowingly filing false or fraudulent

information to an agency of the United

States Government; and

(4) The affidavit must be notarized.

(d) To meet the requirements of

paragraphs (b)(2) through (b)(4) of this

section, you must submit all of the

documents specified in any one of the

following paragraphs.

(1) A certified copy of a document or

documents which identify the adoptee

and the adoptee’s birth parents, filed

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with the court in the adoption case,

such as a consent to adoption, a consent

to termination of parental rights, an

order terminating parental rights, or an

adoption decree;

(2) Any statement, letter or other

document provided and executed by a

judge of the court which entered the

final decree, upon request of the

adoptee, which identifies the adoptee

and the adoptee’s birth parents and

tribal affiliation, as authorized by the

Indian Child Welfare Act (25 U.S.C.

1917); or

(3) A certified copy of a document

which identifies the adoptee by his or

her original name, which was filed with

the court in the adoption case, together

with one of the following:

(i) An original birth certificate

established at the adoptee’s birth; or

(ii) A hospital birth certificate listing

the name(s) of the adoptee’s birth

parent(s).

Subpart D—Information on Bureau

Actions on Certificate of Degree of

Indian or Alaska Native Blood

Requests

§ 70.25 How will I know what information

the deciding Bureau official will rely upon

to determine whether I receive a Certificate

of Degree of Indian or Alaska Native Blood?

We will base the decision to issue a

CDIB on the standard in § 70.11, using

information contained in Bureau and

tribal records and additional

information that you provide under

§§ 70.23 and 70.24.

§ 70.26 What steps do I follow if I possess

Indian or Alaska Native blood from more

than one federally recognized Indian tribe?

If you possess Indian blood derived

from more than one federally recognized

Indian tribe, you may ask the Bureau

official to issue a CDIB that confirms

your total degree of Indian blood.

(a) If you make this request, you must

send a certified copy of any previously

issued CDIB documenting blood degree

of other federally recognized Indian

tribes to the address of the Bureau

official.

(b) If you do not have a CDIB showing

the tribal blood you possess, you must:

(1) Request a CDIB from the Bureau

Office with administrative jurisdiction

over the tribe from which your Indian

blood is derived; and

(2) If more than one Bureau office is

involved, you must submit the CDIBs

that you received under this paragraph

to the Bureau office under paragraph (a)

of this section that you designated to

issue the CDIB showing your total blood

degree.

§ 70.27 What information is shown on the

Certificate of Degree of Indian or Alaska

Native Blood which the Bureau issued to

me?

The CDIB that we issue under this

part contains all of the information

shown in this section.

(a) Your full name as it appears on the

state certified reproduction of your birth

record or replacement birth record;

(b) Your date of birth;

(c) The date the CDIB is issued;

(d) Your documented blood degree;

(e) The names of the federally

recognized Indian tribe(s) from which

your blood degree is derived;

(f) The base roll is identified;

(g) The deciding Bureau officer’s

signature and title;

(h) The issuing office and address;

and

(i) The following statement: This

CDIB is the property of the U.S.

Government. It may not be used to

determine restricted or trust status of

lands owned by a CDIB holder who is

subject to any Federal law containing

special standards for determining blood

degree for purposes of identifying

restricted or trust land status. This

document does not constitute

membership in the referenced tribe(s).

The tribe is the sole determiner of tribal

membership and should be contacted

for further information. Counterfeiting,

altering, or misusing this CDIB is a

violation of 18 U.S.C. 499 and 701. The

Bureau of Indian Affairs may recall this

CDIB upon issuing a final decision to

recall after exhaustion of appeal rights.

§ 70.28 Do I become a member of an

Indian Tribe when the Bureau issues me a

Certificate of Degree of Indian or Alaska

Native Blood?

No.

(a) A CDIB issued by the Bureau does

not establish membership in a federally

recognized Indian tribe. Only a tribe

may determine membership.

(b) The issuance of a CDIB is not an

enrollment action and 25 CFR 62.4 is

not applicable to actions related to

CDIBs.

§ 70.29 What response can I expect from

the Bureau when I make a request for a

Certificate of Degree of Indian or Alaska

Native Blood?

(a) The deciding Bureau official may

determine your degree of Indian blood

and issue a CDIB within 45 to 60 days.

The deciding Bureau official will notify

the requester if more time is needed to

process the request.

(1) We will either:

(i) Send you the CDIB by regular mail

at the address on your request or change

of address received by the deciding

Bureau official, or

(ii) Give you the CDIB in person with

the letter under § 70.20(a)(2). You will

be required to sign and date an

acknowledgment that you received both

the CDIB and this letter. You will be

provided a copy of this

acknowledgment as a receipt.

(2) We will include a letter with the

CDIB that:

(i) Tells you to carefully review the

information on the CDIB to be sure that

it is accurate;

(ii) States that if you disagree with

any of the information on the CDIB, you

should take the steps described in the

letter; and

(iii) Describes the steps in § 70.30 of

these regulations.

(b) The deciding Bureau official may

deny your CDIB request, if you fail to

establish that you have Indian blood

under the eligibility requirements of

§ 70.10.

(1) We will either:

(i) Send you the denial in writing by

certified mail at the address appearing

on your request or change of address

received by the deciding Bureau official,

or

(ii) Give you the denial in person with

the letter under § 70.20(b)(2). You will

be required to sign and date an

acknowledgment that you received both

the denial and this letter. You will be

provided a copy of this

acknowledgment as a receipt.

(2) The denial letter will:

(i) Explain the reason(s) for the denial;

and

(ii) Contain a statement of your appeal

rights and enclose a copy of subpart E

of this part.

Subpart E—Appeal Procedures

§ 70.30 What can I do if I do not agree with

the deciding Bureau official who issued the

degree of Indian blood or other information

contained on my Certificate of Degree of

Indian or Alaska Native Blood?

(a) If you do not agree with the degree

of Indian blood or other information on

the CDIB, you must notify the deciding

Bureau official in writing within 45

days of the date of the letter (60 days for

Alaska tribes) that transmitted the CDIB.

Your notification must:

(1) State that you believe there has

been a mistake;

(2) Describe the mistake which you

believe has been made; and

(3) Include any additional

documentation to show why you believe

a correction is needed.

(b) The deciding Bureau official will:

(1) Review your letter and make

corrections on the CDIB, if he or she

determines that a mistake was made.

(2) Send you a letter containing:

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(i) His or her response decision,

including a corrected or new CDIB, or

an explanation about why his or her

decision has not been changed; and

(ii) A statement of your appeal rights

and an enclosed copy of this subpart E.

(c) The deciding Bureau official’s

response decision must be delivered to

you either:

(1) By certified mail, return receipt

requested, at the address appearing on

your request or change of address

received by the deciding Bureau official;

or

(2) In person, by giving you the

response decision and having you sign

and date an acknowledgment that you

received the response decision and also

the corrected or new CDIB, if a corrected

or new CDIB is given to you.

(d) If you disagree with the deciding

Bureau official’s response decision, you

may file an appeal if you are the person

named in the CDIB. You may also have

your authorized representative or an

attorney file an appeal on your behalf.

§ 70.31 What can I do if my request for a

Certificate of Degree of Indian or Alaska

Native Blood is denied?

If your request for a CDIB is denied,

you may file an appeal if you are the

person named in the denial. You may

also have your authorized representative

or an attorney file an appeal on your

behalf.

§ 70.32 What is the deadline for filing my

appeal, and what will happen if I do not

meet the deadline?

(a) You must appeal any decision

made under this part within 45 days of

receiving the decision (60 days for

Alaska tribes). (Decisions made under

this part are: a denial decision described

in § 70.29(b), a response decision

described in § 70.30 or a decision to

invalidate or amend your CDIB as

described in § 70.37.)

(1) The 45-day appeal period begins

on the day of delivery indicated on the

return receipt of certified mail, or on the

date our records indicate you personally

received the letter.

(2) The date of filing your notice of

appeal is the date it is postmarked or the

date it is personally delivered to the

Regional Director’s office.

(3) If the 45th day (60th day for

Alaska tribes) falls on a Saturday,

Sunday, legal holiday, or other

nonbusiness day, the appeal period will

end on the following working day.

(b) If you do not appeal the decision

within the 45-day appeal period (60-day

for Alaska tribes), the decision becomes

final for the Department and is not

subject to reconsideration. No extension

of time will be granted for filing a notice

of appeal.

§ 70.33 What are the steps for filing an

appeal when I disagree with the information

on the Certificate of Degree of Indian or

Alaska Native Blood which the deciding

Bureau official provided?

You must file your appeal, by mail or

by personal delivery, with the Regional

Director named in the decision you are

appealing.

(a) You may file an appeal on behalf

of more than one person. Each

appealing party must meet the

requirements for appeals and must be

listed in the appeal.

(b) Your address and the address of

each appealing party must appear in the

appeal. You must promptly notify the

Regional Director of any change of

address, otherwise the address you

furnish in the appeal shall be the

address of record.

(c) You may request additional time to

submit supporting evidence. The

Regional Director may grant you a

reasonable period to submit your

evidence. However, you will not be

granted additional time to file your

appeal.

(d) If you allow an authorized

representative to file your appeal, we

will recognize the authorized

representative as fully controlling the

appeal on your behalf.

(1) We will serve any document

relating to the appeal on the authorized

representative and consider the

document to be served on you.

(2) If you have more than one

authorized representative, service upon

one of your authorized representatives

is sufficient.

§ 70.34 Can I submit additional information

if I choose to file an appeal and what is the

burden of proof?

You should include any supporting

evidence not previously furnished and

you may include a copy or reference to

any Bureau or tribal records having a

direct bearing on the action. The burden

of proof is on you or your authorized

representative.

§ 70.35 What action can I expect from the

Bureau’s Regional Director if I file an

appeal?

(a) The Regional Director must

acknowledge in writing the receipt of

your appeal.

(b) The Regional Director will

consider the material that you submit

together with whatever additional

information he/she considers pertinent.

If the Regional Director relies upon any

additional information, he/she must

identify it in the decision.

(c) The Regional Director may issue

special instructions to facilitate his/her

work. These instructions must not

conflict with this part.

(d) The Regional Director must issue

a written decision on your appeal

within 60 days after:

(1) Receipt of the appeal; or

(2) Timely submission of any

additional documents, if you were given

an extension to submit additional

documents.

(e) If you are appealing the action of

the Regional Director or the Regional

Director recuses for cause his/her

authority to make a final decision, he/

she must forward the appeal to the

Commissioner for final action together

with any relevant information or records

and his/her recommendations.

§ 70.36 What action can I expect if I appeal

the Regional Director’s decision?

If you appeal the Regional Director’s

decision, the Commissioner must issue

a written decision on your appeal

within 60 days after:

(a) Receiving your appeal; or

(b) Timely submission of any

additional documents, if you were given

an extension to submit additional

documents.

Subpart F—Other

§ 70.37 Can my Certificate of Degree of

Indian or Alaska Native Blood be

invalidated or amended to change my

degree of Indian blood? If so, under what

circumstances?

(a) Under some circumstances, we can

invalidate or amend your CDIB without

you asking.

(1) The deciding Bureau official may

amend your CDIB if there was a

mathematical error in computing degree

of Indian blood. For example, if your

mother’s CDIB shows her degree of

Indian blood as 4/4, your father’s shows

his degree of Indian blood as 3/4, and

your CDIB shows your degree of Indian

blood as 5/8, the deciding Bureau

official will issue a decision that your

degree of Indian blood will be increased

to 7/8.

(2) The deciding Bureau official may

invalidate or amend your CDIB if it

contains a substantial error in your

degree of Indian blood that results in a

manifest injustice to you or to the public

interest. For example, if someone

obtains a CDIB based on fraudulent

proof of descendancy from someone on

the base rolls or based on a substantial

mistake of fact, the CDIB may be

invalidated or amended.

(b) At your request, the deciding

Bureau official may amend the degree of

Indian blood on your CDIB.

(1) Your request should cite a

mathematical error on the base roll or a

substantial error related to the

determination of your degree of Indian

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules 20787

blood accompanied by any necessary

supporting documentation.

(2) If your request does not meet these

requirements, the deciding Bureau

official may deny the request without

further review. If your request meets

these requirements, the deciding Bureau

official will examine the Bureau records

and any other information that you

provide, and will make a decision.

(c) The deciding Bureau official must

notify you in writing of a decision

issued under this section. The

notification must:

(1) Include a statement that the

decision may be appealed under 25 CFR

part 70;

(2) Identify the official to whom you

may appeal; and

(3) Enclose a copy of subpart E of this

part.

(d) The deciding Bureau official’s

decision must be delivered to you by

certified mail, return receipt requested,

at the address appearing on your request

or change of address received by the

deciding Bureau official, or in person. If

the notification of the decision is

delivered in person, you will be

required to sign and date an

acknowledgment that you received both

the notification and a copy of subpart E.

You will be provided a copy of this

acknowledgment as a receipt.

(e) If you disagree with a decision

made under this section, you may file

an appeal if you are named in the CDIB

or the amendment or invalidation of the

CDIB. You may authorize a

representative, including an attorney, to

file an appeal in your behalf.

§ 70.38 Can my Certificate of Degree of

Indian or Alaska Native Blood be sent to an

authorized third party?

Yes. Upon your request, the CDIB may

be sent or released to an authorized

representative or other designated third

party.

Dated: April 7, 2000.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 00–9421 Filed 4–17–00; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AJ49

Outer Burial Receptacles

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: By statute the Department of

Veterans Affairs (VA) is authorized to

provide a monetary allowance for each

new burial in a VA national cemetery

where a privately-purchased outer

burial receptacle is used in lieu of a

government-furnished graveliner. This

document proposes to establish a

mechanism for implementing these

provisions.

DATES: Comments must be received on

or before June 19, 2000.

ADDRESSES: Mail or hand-deliver

written comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Ave., NW, Room 1154,

Washington, DC 20420; or fax comments

to (202) 273–9289; or e-mail comments

to ‘‘OGCRegulations@mail.va.gov’’.

Comments should indicate that they are

submitted in response to ‘‘RIN 2900–

AJ49.’’ All comments received will be

available for public inspection in the

Office of Regulations Management,

Room 1158, between the hours of 8 a.m.

and 4:30 p.m., Monday through Friday

(except holidays).

FOR FURTHER INFORMATION CONTACT: Ken

Greenberg, Staff Assistant, Office of

Operations Support (402), National

Cemetery Administration, Department

of Veterans Affairs, 810 Vermont

Avenue, NW, Washington, DC 20420.

Telephone: 202–273–5179 (this is not a

toll-free number).

SUPPLEMENTARY INFORMATION: Public

Law 100–322 authorizes VA to provide

a graveliner at no cost to the family for

the casketed remains of individuals

buried in open national cemeteries.

Typically, a graveliner is pre-cast

concrete or thermoplastic in the form of

a box with a removable lid. The casket

is placed inside the graveliner which

assist in maintaining the integrity of the

soil around the grave by reducing the

likelihood of a sunken grave.

Public Law 104–275 was enacted on

October 9, 1996. The Public Law

allowed VA to provide a monetary

allowance for each new burial in a VA

national cemetery where a privatelypurchased outer burial receptacle is

used in lieu of a government-furnished

graveliner.

Under the Public Law, the monetary

allowance is equal to the average cost of

the government-furnished graveliner

which would have been furnished,

minus any administrative costs incurred

by VA. As an example, if it costs VA an

average of $125 to purchase a graveliner

and the administrative cost to process

an allowance for a privately-purchased

outer burial receptacle is $10, VA would

pay a monetary allowance of $115

toward the cost of the privatelypurchased outer burial receptacle. VA

would update the allowance annually

by notice in the Federal Register to

reflect the current average cost of

purchasing graveliners by VA minus the

administrative cost for VA to process

the allowance. Under the proposed rule,

the next allowance payable for

interments occurring during the period

from October 9, 1996, through December

31, 1999, would be the rate determined

for fiscal year 1999. This would reduce

the administrative burden required to

calculate allowances, and would

expedite payment to recipients. Further,

this is warranted since the average cost

to the government to purchase

graveliners has not varied significant

since 1996.

The average cost of graveliners would

not include graveliners procured and

pre-placed in gravesites as part of

cemetery gravesite development projects

or double depth graveliners. The costs

of these two types of graveliners

purchased are not representative of the

cost of a single-depth graveliner

purchased for installation at the time of

interment. The double depth liners hold

two caskets, whereas the single depth

liners hold one casket. Pre-placed liners

are procured as part of a larger gravesite

development construction project.

The proposed rule provides that an

application for payment of the monetary

allowance would not be required.

Currently, all information necessary for

identifying the individual entitled to

payment of the monetary allowance is

included in information already being

collected under the National Cemetery

Administration’s Burial Operation

Support System (BOSS).

Further, we have a method for

determining in almost all cases those

individuals entitled to the allowance for

purchasing outer burial receptacles

prior to January 1, 2000. In almost all

cases when an outer burial receptacle

was purchased, the person listed as the

next of kin paid for it. Accordingly, we

believe there is a basis for a

presumption that such person paid for

the outer burial receptacle. Accordingly,

for burials during the period October 9,

1996, through December 31, 1999, the

allowance would be paid to the person

identified as the next of kin in records

contained in the BOSS. However, if a

person who is not listed as the next of

kin provides evidence that he or she

paid for the outer burial receptacle, the

allowance would be paid instead to that

person.

In burials where a casket already

exists in a grave with or without a

graveliner, placement of a second casket

in an outer burial receptacle would not

be permitted in the same grave unless

the national cemetery director