27824 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

Dated: May 22, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–13732 Filed 5–31–96; 8:45 am]

BILLING CODE 4310–02–P

25 CFR Part 166

RIN 1076–AD04

General Agriculture and Range

Regulations

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The purpose of this rule

making action is to revise and rename

the General Grazing Regulations to

include provisions of the American

Indian Agricultural Resource

Management Act (AIARMA) enacted

December 3, 1993. The American Indian

Agricultural Resource Management Act

reaffirmed many aspects of the existing

Indian agriculture program and

established new program direction for

agriculture trespass, management

planning, and agriculture education

assistance.

DATES: Comments must be submitted on

or before October 1, 1996.

ADDRESSES: Mail comments to: Mr.

Mark Bradford, Bureau of Indian Affairs,

Division of Land and Water, 1849 C

Street, N.W., Mail Stop 4559 MIB,

Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Mr.

Mark Bradford, Bureau of Indian Affairs,

Division of Land and Water, telephone

(202) 208–3598.

SUPPLEMENTARY INFORMATION: The

proposed rule was developed with the

participation of the affected Indian and

Alaska Native public. Bureau of Indian

Affairs (BIA) and tribal representatives

formed four work groups (Leasing,

Trespass, Education and, Management

Plans) and a steering committee. The

work groups first met in March 1994.

We distributed three thousand copies of

the first draft of the regulations for

comment on April 29, 1994. The first

draft did not provide for a consolidation

of the permitting provisions in 25 CFR

Parts 162 and 166.

We conducted five formal hearings

throughout the nation. The second draft

was distributed for comment on June 28,

1994. The second draft included a crossreferences summary sheet which

showed how most of the permitting

provisions in the existing Part 166

would be incorporated in Subpart D of

the proposed Part 162, but it did not

include the text of the proposed Subpart

D. Input from these meetings and

feedback from initial drafts were

considered and addressed in this

proposed rule.

The AIARMA was enacted on

December 3, 1993 (107 Stat. 2011, 25

U.S.C. 3701 et seq.), and amended on

November 2, 1994 (108 Stat. 4572).

Section 102(a) of the AIARMA requires

that all ‘‘land management activities’’—

defined in Section 4(12)(D) to include

the ‘‘administration and supervision of

agricultural leasing and permitting

activities, including a determination of

proper land use, * * * appraisal,

advertisement, negotiation, contract

preparation, collecting, recording, and

distributing lease rental receipts’’—

conform to agricultural resource

management plans, integrated resource

management plans, and all tribal laws

and ordinances. Section 102(b) requires

that we recognize and enforce all tribal

laws and ordinances which regulate

land use or pertain to Indian

agricultural land, and provide notice of

such laws and ordinances to individuals

or groups ‘‘undertaking activities’’ on

any affected land. Section 102(c)

authorizes—but does not require—

waivers of federal regulations or

administrative policies which conflict

with an agricultural resource

management plan or a tribal law. Please

note, Sections 102 (a)–(c) expressly

provide for the recognition of only those

tribal laws which do not conflict with

federal law or our trust responsibility.

Sections 105(b) (1)–(4) allows tribes to

supersede our rules and regulations on

preferences, bonding, and the leasing or

permitting of heirship land, but Section

105(c)(3) allows individual landowners

to exempt their land from these specific

types of tribal actions where the owners

of at least a 50% interest in such land

object in writing.

This proposed rule is published in

exercise of authority delegated by the

Secretary of the Interior to the Assistant

Secretary-Indian Affairs by 208 DM 8.

The policy of the Department of the

Interior is, whenever practical, to afford

the public an opportunity to participate

in the rule making process. Accordingly,

interested persons may submit written

comments on the proposed rule to the

location identified in the addresses

section of this document.

This document has been reviewed

under Executive Order 12866 and is not

a significant rule requiring Office of

Management and Budget review. It will

not have a significant economic impact

on a substantial number of small entities

under the Regulatory Flexibility Act (5

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

The Department of the Interior has

determined that this proposed rule does

not constitute a major Federal action

significantly affecting the quality of the

human environment and that no

detailed statement is required pursuant

to the National Environmental Policy

Act of 1969. This proposed rule was

compiled by four workgroups

comprised of BIA and tribal

representatives.

The information collection

requirements contained in this part do

not require approval by the Office of

Management and Budget under 44

U.S.C. 3501 et seq.

List of Subjects in 25 CFR Part 166

Agriculture, Agricultural products,

Education, Grazing lands, and Indian

lands.

For the reasons set out in the

preamble, part 166 of title 25 of the

Code of Federal Regulations is proposed

to be revised as follows.

PART 166—GENERAL AGRICULTURE

AND RANGE REGULATIONS

Subpart A—General Provisions

Sec.

166.1 Definitions.

166.2 Information collection.

166.3 What activities are regulated by this

part?

166.4 What is BIA’s Indian agriculture

policy?

166.5 When will the BIA recognize tribal

laws?

166.6 How is Indian agricultural land

managed?

Subpart B—Indian Agricultural Land

Trespass

166.20 What is our trespass policy?

166.21 How do tribes get concurrent civil

jurisdiction?

166.22 What is agricultural trespass?

166.23 How are trespassers notified?

166.24 What actions are taken against

trespassers?

166.25 What are the penalties, damages,

and costs payable by trespassers?

166.26 How are the proceeds from trespass

distributed?

166.27 What happens if you do not settle a

civil trespass case?

166.28 How can you appeal our decisions?

Subpart C—Agriculture Education,

Education Assistance, Recruitment and

Training

166.30 How are the Indian agriculture

education programs operated?

166.31 How can you become an agriculture

intern?

166.32 How can you become an agriculture

cooperative education student?

166.33 How can you get an agriculture

scholarship?

166.34 What is agriculture education

outreach?

166.35 Who can get assistance for

postgraduate studies?

166.36 What can happen if we recruit you

after graduation?
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27825

166.37 Who can be an intergovernmental

intern?

166.38 Who can participate in continuing

education and training?

166.39 What are your obligations to us after

you participate in an agriculture

education program?

166.40 What happens if you do not fulfill

your obligation to us?

Authority: 5 U.S.C.301; R.S. 463, 25 U.S.C.

2; R.S. 465, 25 U.S.C. 9; and by sec. 6, 69

Stat. 986, 25 U.S.C. 466. Interpret or apply

R.S. 2078, 25 U.S.C. 68; R.S. 2117, 25 U.S.C.

179; sec. 3, 26 Stat. 795, 25 U.S.C. 397; sec.

1, 28 Stat. 305, 25 U.S.C. 402; sec. 4, 36 Stat.

856, 25 U.S.C. 403; sec. 1, 39 Stat. 128, 25

U.S.C. 394; sec. 1, 41 Stat. 1232, 25 U.S.C.

393; C. 158, 47 Stat. 1417, 25 U.S.C. 413;

secs. 16, 17, 48 Stat. 987, 988, 25 U.S.C. 476,

477; C. 210, 53 Stat. 840, 25 U.S.C. 68a, 87a;

C. 554, 54 Stat. 745, 25 U.S.C. 380; secs. 1,

2, 4, 5, 6, 69 Stat. 539, 540, 25 U.S.C. 415,

415a, 415b, 415c, 415d,25 U.S.C. 3701, 3702,

3703, 3711, 3712, 3713, 3714, 3731, 3732,

3733, 3734, 3741, 3742, 3743, 3744, 3745,

107 Stat. 2011.

Subpart A—General Provisions

§ 166.1 Definitions.

Agricultural product means:

(a) Crops grown under cultivated

conditions whether used for personal

consumption, subsistence, or sold for

commercial benefit, excluding any crop

that is defined as illegal by tribal or

Federal statute;

(b) Domestic livestock, including

cattle, sheep, goats, horses, buffalo,

swine, reindeer, fowl, or other animals

specifically raised and used for food or

fiber or as a beast of burden;

(c) Forage, hay, fodder, food grains,

crop residues and other items grown or

harvested for the feeding and care of

livestock, sold for commercial profit, or

used for other purposes; and

(d) Other marketable or traditionally

used materials authorized for removal

from Indian agricultural lands.

Approved organization means the

Bureau of Indian Affairs, a tribe, tribal

agricultural enterprise, Alaska Native

Claims Settlement Act Corporation, or

other Federal agencies providing

agricultural services on Indian

reservations.

Authorized officer means any tribal or

Bureau person authorized to detect and

investigate Indian agricultural lands

trespass of Public Law 103–177.

Beneficial owner means the

individual or entity who holds an

ownership or contractual or permitted

interest in Indian land.

Bureau means the Bureau of Indian

Affairs of the Department of the Interior.

Fair market value means the value of

an agricultural product if sold, bartered,

or traded within a competitive market,

including appropriate seasonal or

replacement values.

Farmland means Indian land,

excluding Indian forest land, that is

used for production of food, feed, fiber,

forage and seed oil crops or other

agricultural products, and may be either

dryland, irrigated, or irrigated pasture.

Indian agricultural lands means

Indian land, including farmland and

rangeland, excluding Indian forest land

(except where authorized grazing

occurs) that is used for the production

of agricultural products, and Indian

lands occupied by industries that

support the agricultural community,

regardless of whether a formal

inspection and land classification has

been conducted.

Indian land means land that is:

(a) Held in trust by the United States

for an Indian tribe; or

(b) Owned by an Indian or Indian

tribe and is subject to restrictions

against alienation.

Indian tribe means any Indian tribe,

band, nation, pueblo, or other organized

group or community, including any

Alaska Native village or regional

corporation as defined in or established

pursuant to the Alaska Native Claims

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

which is recognized as eligible for the

special programs and services provided

by the United States to Indians because

of their status as Indians.

Individual Indian means any person

for whom the United States holds title

to property in trust status, or holds title

subject to federal restrictions against

alienation or encumbrance.

Land use authorization means a

permit, lease, plan of operation, or

instrument issued or approved by the

authorized officer for the legitimate

utilization of Indian agricultural lands

or removal of resources from them.

Lawful authority means a tribal or

Bureau land use authorization or a right

granted by tribal or Federal law or

statute.

Rangeland means Indian land,

excluding Indian forest land, on which

the native vegetation is predominantly

grasses, grass-like plants, forbs, halfshrubs or shrubs suitable for grazing or

browsing use, and includes lands

revegetated naturally or artificially to

provide a forage cover that is managed

as native vegetation.

Trespass means any use, occupancy,

or development of Indian agricultural

lands, without either a prior tribal or

Bureau land use authorization or a right

granted by tribal or Federal law or

statute.

§ 166.2 Information collection.

The information collection

requirements contained in this part do

not require the approval of the Office of

Management and Budget under 44

U.S.C. 3504(h) et seq.

§ 166.3 What activities are regulated by

this part?

The regulations in this part apply to

all Indian agriculture and range land

except when this part is superseded by

legislation.

§ 166.4 What is BIA’s Indian agriculture

policy?

(a)We must:

(1) Carry out the trust responsibility of

the United States and facilitate the selfdetermination of Indian tribes by

providing for the management of Indian

agricultural lands and related renewable

resources in a manner consistent with

identified tribal goals and priorities for

conservation, multiple use, and

sustained yield;

(2) Take part in the management of

Indian agricultural lands, with the full

and active participation of the beneficial

owners of the land, in a manner

consistent with our trust responsibility

and with the objectives of the beneficial

owners;

(3) Develop and manage agricultural

resources consistent with integrated

resource management plans in order to

protect and maintain other values such

as wildlife, fisheries, cultural resources,

and recreation.

(4) Increase the educational and

training opportunities available to

Indian people and communities in the

practical, technical and professional

aspects of agriculture and land

management to improve the expertise

and technical abilities of Indian tribes

and their members.

(b) Any Indian agricultural land

management activity we undertake

must:

(1) Protect, conserve, and maintain or

improve the productivity of Indian

agricultural and range lands through the

use of sound conservation practices and

techniques including best management

practices, applicable tribal codes, and

state of the art soil and range

conservation management techniques in

planning, development, inventorying,

classification, and management of the

agricultural resources.

(2) Manage Indian agricultural lands

to increase production and expand the

diversity and availability of agricultural

products for subsistence, income, and

employment of Indians and Alaska

Natives.

(3) Manage Indian agricultural

resources consistent with integrated

resource management plans in order to

protect and maintain other values such

as wildlife, fisheries, cultural resources,

and recreation.
27826 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

(4) Manage Indian agricultural lands

to enable Indian farmers and ranchers to

maximize the available benefits by

providing technical assistance, training

in conservation practices, management

and economics of agribusiness, sources

and use of credit and marketing of

agricultural products and other

applicable subject areas.

(5) Develop Indian agricultural lands

and associated value-added industries

of Indians and Indian tribes to promote

self-sustaining communities.

(6) Assist trust and restricted

landowners in leasing their agricultural

lands for a reasonable annual return,

consistent with prudent management

and conservation practices, and

community goals as expressed in the

tribal management plans and

appropriate tribal ordinances.

§ 166.5 When will the BIA recognize tribal

laws?

We must comply with tribal laws

pertaining to Indian agricultural land,

and cooperate with the enforcement of

these laws on Indian agricultural land,

unless doing this would violate Federal

law or our trust responsibility. This

cooperation does not constitute a waiver

of United States sovereign immunity

and includes:

(a) Assisting in the enforcement of

these laws;

(b) Notifying persons or entities

undertaking activities on Indian

agricultural lands;

(c) Appearing in tribal forums when

requested by a tribe; and

(d) Waiving sections of this part that

conflict with tribal law or the objectives

of an agricultural resource management

plan. We must inform the tribes of any

refusal to waive regulations.

§ 166.6 How is Indian agricultural land

managed?

(a) We will manage Indian

agricultural land either directly or

through contracts, compacts,

cooperative agreements, or grants under

the Indian Self-Determination and

Education Assistance Act (Public Law

93–638, as amended).

(b) In close consultation with the

affected tribes, we must prepare and

revise as necessary an agricultural

resource management plan for all Indian

agricultural lands unless a tribe notifies

us that a plan is not needed. We will

follow the tribe’s current public hearing

and notice policies. In the absence of a

tribal policy, we will develop a public

hearing and notification plan within 90

days of beginning to write the plan for

tribal approval.

Subpart B—Indian Agricultural Land

Trespass

§ 166.20 What is our trespass policy?

We will:

(a) Ensure that all uses, occupancies,

or developments of Indian agricultural

land are properly authorized and that

these authorizations do not cause undue

or unnecessary damage to Indian

agricultural land or the improvements

on it;

(b) Investigate and determine

accidental, willful, or incidental

trespass;

(c) Resolve all alleged trespass, either

administratively or civilly, in a prompt,

efficient manner;

(d) Recover the value of products,

damage costs, and enforcement costs as

a consequence of the trespass;

(e) Ensure that unnecessary or undue

damage to Indian lands by trespass

activities is rehabilitated and/or

stabilized at the expense of the

trespasser; and

(f) Determine if there are contractual

or permit violations by lessees and

permittees as well as other violations of

other Federal or tribal laws separate

from the regulations in this part.

§ 166.21 How do tribes get concurrent civil

jurisdiction?

Tribes that adopt the regulations in

this section, conformed as necessary to

tribal law, have concurrent civil

jurisdiction to enforce 25 U.S.C. 3713

and this section against any person.

(a) We will acknowledge concurrent

civil jurisdiction over trespass, when we

receive:

(1) A formal tribal resolution

documenting the tribe(s)’ adoption of

this part; and

(2) Notification from the tribe that its

court system is able to properly

adjudicate agricultural trespasses,

including:

(i) A statement that the tribal court

will enforce the Indian Civil Rights Act;

or

(ii) A tribal civil rights law that

contains provisions for due process and

equal protection that are similar to or

stronger than those contained in the

Indian Civil Rights Act.

(b) Where an Indian tribe acquires

concurrent civil jurisdiction over

trespass cases under paragraph (a) of

this section, we and the authorized

tribal representatives are jointly

responsible for coordinating prosecution

of trespass actions.

(1) When a tribe makes a timely

request, we will defer prosecution of

agricultural trespasses to the tribe.

(2) When a deferral is not requested,

we will determine with the authorized

tribal representatives how concurrent

tribal and Federal trespass jurisdiction

will apply to each trespass.

(3) When an Indian tribe acquires

concurrent jurisdiction but does not

request deferral of prosecution, we will

file and prosecute an action in the tribal

court or forum.

(c) We will rescind an Indian tribe’s

concurrent civil jurisdiction over

trespass cases under this part if we or

a court of competent jurisdiction

determine that the tribal court has not

adhered to the due process or equal

protection requirements of the Indian

Civil Rights Act. If a rescission is

justified, we will notify in writing. The

notice will include the findings that

justify the rescission and the steps

needed to remedy the violations causing

the rescission. We will notify the chief

judge of the tribal judiciary. If there is

no chief judge, we will notify the other

authorized tribal official. If the tribe

does not take the steps we specify

within 60 days, the rescission of

concurrent civil jurisdiction will

become final. The affected tribe can

appeal a Notice of Rescission under Part

2 of Title 25.

(d) Nothing in this part prohibits or

diminishes the authority of a tribe to

prosecute individuals under its criminal

or civil trespass laws where it has

jurisdiction over those individuals.

§ 166.22 What is agricultural trespass?

The following uses or actions are acts

of agricultural land trespass if

unauthorized on land where a tribe has

jurisdiction to enforce its laws:

(a) Cultivating of irrigated or nonirrigated crops or the harvesting of

native hay, forage, or seed;

(b) Fencing or gates;

(c) Developing water sources reserved

to or administered by us;

(d) Commercial filming or

photography;

(e) Sale or barter of goods or services;

(f) Placing or storing of beehives;

(g) Commercial use of Indian or

tribally owned and controlled road or

motorized vehicle use off road where

prohibited;

(h) Grazing;

(i) Cutting, damaging, taking,

harvesting, or removing of special

agricultural products, including but not

limited to: berries, nuts, flowers, seeds,

moss, cones, leaves, mushrooms, cactus,

yucca, and greenery for commercial

purposes. (Non-commercial use of

special agricultural products for

religious and cultural traditions by

tribal members are exempt);

(j) Recreation, hunting, trapping,

fishing, use of special areas, and

developed recreation facilities;
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27827

(k) Damaging or removing

archaeological or paleontological

resources;

(l) Littering or disposing of agriculture

related products, hazardous waste,

household or business waste, or garbage.

(m) Applying pesticides without

tribal/Federal certification, misusing

pesticides for purposes other than

authorized by pesticide label, or appling

pesticides at rates or solutions greater

than label directions.

(n) Aquaculture or the harvesting of

fish raised for commercial sale or

consumption; and

(o) Other items designated by tribes as

acts of Indian agricultural land trespass.

§ 166.23 How are trespassers notified?

Unless otherwise provided under

tribal law:

(a) When there is reason to believe

that Indian agricultural land or products

are involved in trespass, we or the

authorized tribal representative must

immediately provide the following

notice to the alleged trespasser, the

possessor of trespass products, and any

known lien holder:

(1) Basis for the trespass

determination;

(2) Legal description of where trespass

occurred;

(3) Time frames for resolving the

trespass; and

(4) Actions that must be taken.

(b) The actions may be:

(1) Removal of the trespasser’s

property to prevent further loss,

damage, or destruction to the Indian

agricultural land; or,

(2) Prohibition of removal of the

agricultural products from the Indian

agricultural land.

§ 166.24 What actions are taken against

trespassers?

(a) We will immediately take

corrective action to protect Indian

agricultural lands or products. If we

seize agricultural products we may sell

or dispose of them, if appropriate. We

will keep equipment that we seize for

use as evidence unless a court of

competent jurisdiction orders otherwise.

(b) Trespassers will be liable for fair

market value of products illegally used

or removed, and penalties and damages.

(c) When there is reason to believe

that Indian agricultural products are

involved in trespass and the products

have been removed to land not under

our supervision, we must immediately

notify the owner of the land or the party

in possession of the trespass products

that such products could be Indian trust

property involved in a trespass and that

no action to remove or otherwise

dispose of the products may be taken

unless authorized.

(d) If we determine that the trespasser

or possessor is unknown or refuses

delivery of the trespass notice, the

trespass notice will be posted at the

tribal community building and the U.S.

Post Office, and published in the local

newspaper nearest to the Indian

agricultural lands where the trespass is

occurring.

§ 166.25 What are the penalties, damages,

and costs payable by trespassers?

(a) Trespassers may be assessed civil

penalties such as the ones in the

following table. Other penalties may

also be assessed.

Penalty Comments

Double Damages .................................. 1. Must be based upon the highest value obtainable for the raw materials involved in the trespass.

2. Must be assessed when a person without lawful authority injures, severs, or carries off from a reservation any agricultural product.

3. Proof of Indian ownership of the premises and commission of the acts by the trespasser are prima

facie evidence sufficient to support liability. There is no requirement to show willfulness of intent.

Costs associated with damage to Indian land.Includes rehabilitation, revegetation, lost future revenue, lost profits, loss of productivity, damage to

other resources, and other damages.

Reasonable enforcement costs ............ Includes detection, and all processes through prosecution and collection of damages. This covers field

examination and survey, damage appraisal, investigation assistance and report preparation, witness

expenses, demand letters, court costs, attorney fees, and other costs.

Interest .................................................. 1. Must be based upon double the highest value obtainable for the raw materials involved in the trespass.

2. Must be calculated at the highest rate prescribed by tribal law. If there is no tribal law, calculation

must be based upon Federal law. Where there is no Federal law, calculation must be based upon

judgments as prescribed by the law of the State where the trespass occurred.

3. Must be calculated from the date of the trespass until payment is made.

(b) When the trespass actions have

been resolved, but the trespasser has not

settled civil penalties, damages, and

costs, we will send a certified letter,

return receipt requested, to the

trespasser demanding immediate

settlement. If settlement is not made

within 5 working days after date of

receipt, we may refer the case to the

appropriate prosecuting authority.

§ 166.26 How are the proceeds from

trespass distributed?

Unless otherwise provided under

tribal law:

(a) We will treat civil penalties and

other damages collected under the

regulations in this part, except for those

related to land damage and enforcement

costs, as proceeds from the sale of

agricultural products from the Indian

agricultural land upon which the

trespass occurred.

(b) If we confiscate and dispose of

equipment, goods, or agricultural

products from the trespasser, we will

apply any cash or other proceeds to

satisfy the civil penalties. If any money

is left, we will return it to the trespasser.

If we do not collect enough money from

the trespasser, we will distribute civil

penalties in accordance with the

following table:

If we collect We will distribute the

money

Damages up to the

highest value of the

trespass products.

pro rata between the

beneficial share

and the cost of restoring the land

If we collect We will distribute the

money

Damages over the

highest value of the

trespass product,

but less than

enough for full recovery.

pro rata between the

beneficial share,

the law enforcement agency, and

the cost of restoring the land

(c) If beneficial owners trespass or are

involved in trespass on their own land

or undivided land in which they have

a partial interest, they must not receive

their beneficial share of any civil

penalties and damages collected. If we

collect civil penalties and damages as a

result of a trespass, we will distribute

them as follows:

(1) Toward restoration of the land

where the trespass occurred; and
27828 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

(2) Toward the enforcement agency’s

costs for rectifying the trespass.

(d) We may accept payment of

damages in the settlement of civil

trespass cases. In the absence of a court

order, we will determine the procedure

and approve acceptance of any

settlements negotiated by a tribe

exercising its concurrent jurisdiction.

§ 166.27 What happens if you do not settle

a civil trespass case?

Unless otherwise provided by tribal

law:

(a) We will refuse to issue you a lease,

permit, or license for use, development

or occupancy, if you fail to make full

payment of damages in the settlement of

a civil trespass case.

(b) If we determine that continuance

of any use, occupancy, or development

presents a risk to health, safety, or the

environment, we will order an

immediate, temporary suspension of the

use, occupancy, or development before

or during the pendency of an appeal. A

person whose own direct economic

interest is harmed by an action or

decision may bring or participate in an

appeal.

§ 166.28 How can you appeal our

decisions?

You may challenge an action we take

under this part only through

administrative appeal or under the

Indian Self-Determination and

Education Assistance Act only. The

appeal must be filed in accordance with

25 CFR part 2, Appeal from

administrative actions, except that an

appeal of any action under this part

must not stay any action unless we

direct.

Subpart C—Agriculture Education,

Education Assistance, Recruitment

and Training

§ 166.30 How are the Indian agriculture

education programs operated?

(a) The purpose of the cooperative

education program is to recruit and

develop promising Indian and Alaska

Natives who are enrolled in secondary

schools, tribal or Alaska Native

community colleges, and other postsecondary schools for employment as

professional resource manager and other

agriculture-related professionals by

approved organizations.

(b) We will operate the program in

accordance with the provisions of 5 CFR

213.3202 (a) and (b).

(c) We will establish an education

committee to coordinate and carry out

the agriculture education assistance

programs and to select participants for

all agriculture education assistance

programs except the cooperative

education program. The committee will

include at least an American Indian

professional educator in the field of

natural resources or agriculture, a

personnel specialist, a representative of

the Intertribal Agriculture Council, and

a natural resources or agriculture

professional from the Bureau of Indian

Affairs and a representative from

American Indian Higher Education

Consortium. The committee’s duties

will include the writing of a manual for

the Indian and Alaska Native

Agriculture Education and Assistance

Programs.

(d) We will monitor and evaluate the

agriculture education assistance

programs to ensure that there are

adequate Indian and Alaska Native

natural resources and agriculture-related

professionals to manage Indian natural

resources and agriculture programs by

or for tribes and Alaska Native

Corporations. Monitoring and

evaluating will identify the number of

participants in the intern, cooperative

education, scholarship, and outreach

programs; the number of participants

who completed the requirements to

become a natural resources or

agriculture-related professional; and the

number of participants completing

advanced degree requirements.

§ 166.31 How can you become an

agriculture intern?

(a) The purpose of the agriculture

intern program is to ensure the future

participation of trained, professional

Indians and Alaska Natives in the

management of Indian and Alaska

Native agricultural land. In keeping

with this purpose, we will work with

tribes and Alaska Natives:

(1) To obtain the maximum degree of

participation from Indians and Alaska

Natives in the agriculture intern

program;

(2) To encourage agriculture interns to

complete an undergraduate degree

program in natural resources or

agriculture-related field; and

(3) To create an opportunity for the

advancement of natural resources and

agriculture-related technicians to

professional resource management

positions with the Bureau of Indian

Affairs, other Federal agencies

providing an agriculture service to their

respective tribe, a tribe, or tribal

agriculture enterprise.

(b) Subject to restrictions imposed by

agency budgets, we will establish and

maintain in the BIA at least 20 positions

for the agriculture intern program. All

Indians and Alaska Natives who satisfy

the qualification criteria may compete

for positions.

(c) Applicants for intern positions

must meet the following criteria:

(1) Be eligible for Indian preference as

defined in 25 CFR part 5;

(2) Possess a high school diploma or

its recognized equivalent;

(3) Be able to successfully complete

the intern program within a 3-year

period; and

(4) Possess a letter of acceptance to an

accredited post-secondary school or

demonstrate that one will be sent within

90 days.

(d) We will advertise vacancies for

agriculture intern positions semi

annually, no later than the first day of

April and October, to accommodate

entry into school.

(e) In selecting agriculture interns, we

will seek to identify candidates who:

(1) Have the greatest potential for

success in the program;

(2) Will take the shortest time period

to complete the intern program; and

(3) Provide the letter of acceptance

required by paragraph (c)(4) of this

section.

(f) Agriculture interns must:

(1) Maintain full-time status in an

agriculture-related curriculum at an

accredited post secondary school;

(2) Maintain good academic standing;

(3) Enter into an obligated service

agreement to serve as a professional

resource manager or agriculture-related

professional with an approved

organization for 2 years in exchange for

each year in the program; and

(4) Report for service with the

approved organization during any break

in attendance at school of more than 3

weeks. We will count this service

toward satisfaction of the intern’s

obligated service.

(g) The education committee will

evaluate annually the performance of

the agriculture intern program

participants against requirements to

ensure that they are satisfactorily

progressing toward completion of

program requirements.

(h) We will pay all costs for tuition,

books, fees and living expenses incurred

by an agriculture intern while attending

an accredited post secondary school.

§ 166.32 How can you become an

agriculture cooperative education student?

(a) To be considered for selection,

applicants for the cooperative program

must:

(1) Meet the eligibility requirements

and be subject to status requirements in

5 CFR Part 308; and

(2) Be accepted into or enrolled in a

course of study at an accredited post

secondary institution which grants

degrees in natural resources or

agriculture-related curricula.
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27829

(b) Cooperative education steering

committees established at the field level

will select program participants based

on eligibility requirements without

regard to applicants’ financial needs.

(c) A recipient of assistance under the

cooperative education program will be

required to enter into an obligated

service agreement to serve as a natural

resources or agriculture-related

professional with an approved

organization for one year in exchange

for each year in the program.

(d) We will pay all costs of tuition,

books, fees, and transportation to and

from the job site to school, for an Indian

or Alaska Native student who is selected

for the cooperative education program.

§ 166.33 How can you get an agriculture

scholarship?

(a) We may grant agriculture

scholarships to Indians and Alaska

Natives enrolled as full time students in

accredited post-secondary and graduate

programs of study in natural resources

and agriculture-related curricula.

(b) The education committee

established in § 166.30(a) will select

program participants based on eligibility

requirements stipulated in paragraphs

(e) through (g) of this section without

regard to applicants’ financial needs or

past scholastic achievements.

(c) Recipients of scholarships must

reapply annually to continue to receive

funding beyond the initial award

period. Students who have received

scholarships in past years, are in good

academic standing, and have been

recommended for continuation by their

academic institution will be given

priority over new applicants for

scholarship assistance.

(d) The amount of scholarship funds

an individual is awarded each year will

be contingent upon the availability of

funds appropriated each fiscal year and

is subject to yearly change.

(e) Preparatory scholarships are

available for a maximum of 3 academic

years of general, undergraduate course

work leading to a degree in natural

resources or agriculture-related

curricula and may be awarded to

individuals who:

(1) Possess a high school diploma or

its recognized equivalent; and

(2) Are enrolled and in good academic

standing at an acceptable post

secondary school.

(f) Undergraduate scholarships are

available for a maximum of three

academic years and may be awarded to

individuals who:

(1) Have completed a minimum of 55

semester hours toward a bachelor’s

degree in a natural resources or

agriculture-related curriculum; and

(2) Have been accepted into a natural

resource or agriculture-related degreegranting program at an accredited

college or university.

(g) Graduate scholarships are

available for a maximum of 5 academic

years for individuals selected into the

graduate program of an accredited

college or university that grants

advanced degrees in natural resources

or agriculture-related fields.

(h) A recipient of assistance under the

scholarship program must enter into an

obligated service agreement to serve as

a natural resources or agriculture-related

professional with the Bureau of Indian

Affairs, other Federal agency providing

assistance to their respective tribe, a

tribe, tribal agriculture enterprise or

ANCSA Corporation for one year for

each year in the program.

(i) We will pay all scholarships

approved by the education committee

established in § 166.30(a) for which

funding is available.

§ 166.34 What is agriculture education

outreach?

(a) We will establish and maintain an

agriculture education outreach program

for Indian and Alaska Native youth that

will:

(1) Encourage students to acquire

academic skills needed to succeed in

post secondary mathematics and science

courses;

(2) Promote agriculture career

awareness;

(3) Involve students in projects and

activities oriented to agriculture related

professions early so students realize the

need to complete required pre college

courses; and

(4) Integrate Indian and Alaska Native

agriculture program activities into the

education of Indian and Alaska Native

students.

(b) We will develop and carry out the

program in consultation with

appropriate community education

organizations, tribes, ANCSA

Corporations, Alaska Native

organizations and other federal agencies

providing agriculture services to

Indians.

(c) The education committee

established under § 166.30(a) will

coordinate and implement the program

nationally.

§ 166.35 Who can get assistance for

postgraduate studies?

(a) The purpose of the postgraduate

studies program is to enhance the

professional and technical knowledge of

Indian and Alaska Native natural

resource and agriculture-related

professionals working for an approved

organization so that the best possible

service is provided to Indian and Alaska

Natives.

(b) We may pay the cost of tuition,

fees, books, and salary of Alaska Natives

and Indians who are employed by an

approved organization and who wish to

pursue advanced levels of education in

natural resource or agriculture-related

fields.

(c) The goal of the advanced study

program is to encourage participants to

obtain additional academic credentials

such as a degree or diploma in a natural

resources or agriculture-related field.

Requirements of the postgraduate study

program are:

(1) the duration of course work cannot

be less than one semester or more than

three years; and

(2) Students in the postgraduate

studies program must meet performance

standards as required by the graduate

school offering the study program.

(d) Program applicants must submit

application packages to the education

committee established under § 166.30.

At a minimum, such packages must

contain a resume and an endorsement

signed by the applicant’s supervisor

clearly stating the need for and benefits

of the desired training.

(e) The education committee must use

the following criteria to select

participants:

(1) Need for the expertise sought at

both the local and national levels;

(2) Expected benefits, both locally and

nationally; and

(3) Years of experience and the

service record of the employee.

(f) Program participants will enter

into an obligated service agreement to

serve as a natural resources or

agriculture-related professional with an

approved organization for two years for

each year in the program. We may

reduce the obligated service

requirement if the employee receives

supplemental funding such as research

grants, scholarships or graduate

stipends and, as a result, reduces the

need for financial assistance under this

part. If the obligated service agreement

is breached, we will collect the amount

owed us in accordance with § 166.37.

§ 166.36 What can happen if we recruit you

after graduation?

(a) The purpose of the postgraduation

recruitment program is to recruit Indian

and Alaska Native natural resource and

trained agriculture technicians into the

agriculture programs of approved

organizations.

(b) We may assume outstanding

student loans from established lending

institutions of Indian and Alaska Native

natural resources and agriculture

technicians who have successfully
27830 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

completed a post-secondary natural

resources or agriculture-related

curriculum at an accredited institution.

(c) Indian and Alaska Natives

receiving benefits under this program

will enter into an obligated service

agreement in accordance with § 166.38.

Obligated service required under this

program will be one year for every

$5,000 of student loan debt repaid.

(d) If the obligated service agreement

is breached, we will collect student

loan(s)in accordance with § 166.39.

§ 166.37 Who can be an intergovernmental

intern?

(a) Natural resources or agriculture

personnel working for an approved

organization may apply for an

internship within agriculture-related

programs of agencies of the Department

of the Interior or other federal agencies

providing an agriculture service to their

respective reservations.

(b) Natural resources or agriculturerelated personnel from other

Department of the Interior agencies may

apply through proper channels for

internships within Bureau of Indian

Affairs agriculture programs and, with

the consent of a tribe or Alaska Native

organization, within tribal or Alaska

Native agriculture programs.

(c) Natural resources and agriculture

personnel from agencies not within the

Department of the Interior may apply,

through proper agency channels and

pursuant to an interagency agreement,

for an internship within the Bureau of

Indian Affairs and, with the consent of

a tribe or Alaska Native organization,

within a tribe, tribal agriculture

enterprise or Alaska Native Corporation.

(d) Natural resources or agriculture

personnel from a tribe, tribal agriculture

enterprise or Alaska Native Corporation

may apply, through proper channels

and pursuant to a cooperative

agreement, for an internship within

another tribe, tribal forest enterprise or

ANCSA Corporation agriculture

program.

(e) The employing agency of

participating Federal employees will

provide for the continuation of salary

and benefits.

(f) The host agency for participating

tribal, tribal agriculture enterprise or

Alaska Native Corporation agriculture

employees will provide for salaries and

benefits.

(g) A bonus pay incentive, up to 25

percent of the intern’s base salary, may

be provided to intergovernmental

interns at the conclusion of the

internship period. Bonus pay incentives

will be at the discretion of and funded

by the host organization and must be

conditioned upon the host agency’s

documentation of the intern’s superior

performance, in accordance with the

agency’s performance standards, during

the internship period.

§ 166.38 Who can participate in continuing

education and training?

(a) The purpose of continuing

education and training is to establish a

program to provide for the ongoing

education and training of natural

resources and agriculture personnel

employed by approved organizations.

This program will emphasize

continuing education and training in

three areas:

(1) Orientation training including

tribal-Federal relations and

responsibilities;

(2) Technical agriculture education;

and

(3) Developmental training in

agriculture-based enterprises and

marketing.

(b) We will maintain an orientation

program to increase awareness and

understanding of Indian culture and its

effect on natural resources management

and agriculture practices and on Federal

laws that effect natural resources

management and agriculture operations

and administration in the Indian

agriculture program.

(c) We will maintain a continuing

technical natural resources and

agriculture education program to assist

natural resources managers and

agriculture-related professionals to

perform natural resources and

agriculture management on Indian land.

(d) We will maintain an agriculture

land-based enterprise and marketing

training program to assist with the

development and use of Indian and

Alaska Native agriculture resources.

§ 166.39 What are your obligations to us

after you participate in an agriculture

education program?

(a) Individuals completing agriculture

education programs with an obligated

service requirement may be offered full

time permanent employment with an

approved organization to fulfill their

obligated service within 90 days of the

date all program education requirements

have been completed. If employment is

not offered within the 90-day period,

the student will be relieved of obligated

service requirements. Not less than 30

days before to the start of employment,

the employer must notify the participant

of the work assignment, its location and

the date work must begin. If the

employer is other than the Bureau of

Indian Affairs, the employer must also

notify us.

(b) Employment time that can be

credited toward obligated service

requirement will begin the day after all

program education requirements have

been completed, with the exception of

the agriculture intern program which

includes the special provisions outlined

in § 166.31(f)(4). The minimum service

obligation period will be one year of full

time employment.

(c) The employer has the right to

designate the location of employment

for fulfilling the service obligation.

(d) A participant in any of the

agriculture education programs with an

obligated service requirement may,

within 30 days of completing all

program education requirements,

request a deferment of obligated service

to pursue postgraduate or post-doctoral

studies. In such cases, we will issue a

decision within 30 days of receipt of the

request for deferral. We may grant such

a request; however, deferments granted

in no way waive or otherwise affect

obligated service requirements.

(e) A participant in any of the

agriculture education programs with an

obligated service requirement may,

within 30 days of completing all

program education requirements,

request a waiver of obligated service

based on personal or family hardship.

We may grant a full or partial waiver or

deny the request for wavier. In such

cases, we will issue a decision within 30

days of receiving the request for waiver.

§ 166.40 What happens if you do not fulfill

your obligation to us?

(a) Any individual who accepts

financial support under agriculture

education programs with an obligated

service requirement, and who does not

accept employment or unreasonably

terminates employment must repay us

in accordance with the following table:

Program

Costs that

must be repaid

Costs that do

not need to

be repaid

Agriculture intern.Salary, tuition, books,

and fees

received

while occupying position plus interest.

Salary paid

during

school

breaks or

when recipient was

employed

by an approved organization.

Cooperative

education.

Tuition,

books, and

fees plus

interest.

Scholarship Costs of

scholarship

plus interest.
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27831

Program

Costs that

must be repaid

Costs that do

not need to

be repaid

Postgradu- ....

ation re- ....

cruitment.

All student

loans assumed by

us under

the program plus

interest.

Postgraduate

studies.

Salary, tuition, books,

and fees

received

while in the

program

plus interest.

Salary paid

during

school

breaks or

when recipient was

employed

by an approved organization.

(b) For agriculture education

programs with an obligated service

requirement, we will adjust the amount

required for repayment by crediting

toward the final amount of debt any

obligated service performed before

breach of contract.

Dated: May 24, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–13729 Filed 5–31–96; 8:45 am]

BILLING CODE 4310–02–P

25 CFR Part 217

RIN 1076–AD37

Management by the Tribe and the Ute

Distribution Corporation of the Ute

Indian Tribe’s Undivided Tribal Assets

on the Uintah and Ouray Reservations,

Utah

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) is proposing to amend the

regulations governing the procedures,

under the Secretary of the Interior’s

supervision, for jointly managing the

undivided assets of the Ute Indian

Tribe. This rule was identified for

reinvention under the National

Performance Review. It is written in

plain English to make the rule easier to

read and understand.

DATES: Comments must be received on

or before August 2, 1996.

ADDRESSES: Mail or hand carry

comments to Terrance Virden, Acting

Director, Office of Trust

Responsibilities, Bureau of Indian

Affairs, Department of the Interior, 1849

C St. NW, Mail Stop 4513–MIB,

Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Kim

Synder, Division of Energy and

Minerals, Bureau of Indian Affairs at

telephone (202) 208–3607.

SUPPLEMENTARY INFORMATION:

Publication of the proposed rule by the

Department of the Interior (Department)

provides the public an opportunity to

participate in the rulemaking process.

Interested persons may submit written

comments regarding the proposed rule

to the location identified in the

‘‘addresses’’ section of this document.

We certify to the Office of

Management and Budget (OMB) that

these proposed regulations meet the

applicable standards provided in

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

Order 12778.

This is not a significant rule under

Executive Order 12866 and does not

require review by the Office of

Management and Budget.

This rule imposes no unfunded

mandates on any government or private

entity and is in compliance with the

provisions of the Unfunded Mandates

Act of 1995.

The information collection

requirements in this part do not require

approval by OMB under 44 U.S.C. 3501

et seq.

We determined this proposed rule:

(a) Will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.);

(b) Does not constitute a major

Federal action significantly affecting the

quality of the human environment and

no detailed statement is required under

the National Environmental Policy Act

of 1969;

(c) Does not have significant takings

implications in accordance with

Executive Order 12630; and

(d) Does not have significant

federalism effects.

This rule was written by the Bureau

of Indian Affairs’ Regulatory Review

Action Team.

List of Subjects in 25 CFR Part 217

Indians-claims, Indians-land, mineral

resources.

For the reasons set out in the

preamble, we propose to revise Part 217

of Title 25 of the Code of Federal

Regulations as follows:

PART 217—MANAGEMENT BY THE

TRIBE AND THE UTE DISTRIBUTION

CORPORATION OF THE UTE INDIAN

TRIBE’S UNDIVIDED TRIBAL ASSETS

ON THE UINTAH AND OURAY

RESERVATION, UTAH

Sec.

217.1 What do certain terms mean?

217.2 What is the authority for this part?

217.3 What is the purpose of this part?

217.4 How do proceeds divide between the

two groups?

217.5 What is the Secretary’s role under

this part?

217.6 How is wildlife managed?

217.7 What is the Joint Advisory Board and

what do they do?

217.8 Must joint managers document

decisions and file reports?

217.9 Who collects payments from mineral

interests?

217.10 How are errors in paying mineral

interests corrected?

Authority: 25 U.S.C. 677z.

§ 217.1 What do certain terms mean?

Act means the Act of August 27, 1954,

68 Stat. 868, 25 U.S.C. 677–677aa,

commonly referred to as the ‘‘Ute

Partition Act’’ or the ‘‘Ute Termination

Act,’’ as amended by the Act of August

2, 1956, 70 Stat. 936, and the Act of

September 25, 1962, 76 Stat. 597.

Affiliated Ute Citizens of Utah (AUC)

means the organization that represented

the mixed-blood members of the Ute

Indian Tribe to help partition and

distribute divisible tribal assets and

carry out other purposes under the Act

before August 27, 1961, 12 midnight.

Asset means any real, personal, or

mixed property of the tribe, whether

held by the tribe or by the United States

in trust for them, or restricted from

division by the United States.

Full-blood means a member of the

tribe who is on the final roll of fullbloods published April 5, 1956, 21 FR

2208, and also anyone enrolled later as

a tribal member under the tribe’s

constitution, by-laws, and ordinances.

Indian mineral interest means any

interest in minerals United States holds

in trust to benefit the full-bloods and

mixed-bloods, individually or as a tribe.

Mixed-blood means a person who is

on the final roll of mixed-bloods

published April 5, 1956, 21 FR 2208.

The mixed-blood roll is closed.

Secretary means the Secretary of the

Interior or other person acting under the

Secretary’s authority.

Tribal Business Committee means the

governing body of the Ute Indian Tribe,

created under the tribe’s constitution

and by-laws.

Tribe means the Ute Indian Tribe of

the Uintah and Ouray Reservation,

Utah. Starting April 5, 1956, when the