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
27832 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

final rolls were published, the tribe has

consisted exclusively of full-blood

members, as determined by the tribe’s

constitution, by-laws, and ordinances.

Undivided assets means those which

are unadjudicated or unliquidated

claims against the United States and

rights in gas, oil, and minerals. They

also consist of other assets existing on

April 5, 1956, which can’t be distributed

equitably and practically, including

wildlife and the right to hunt and fish.

Ute Distribution Corporation (UDC)

means the corporation organized by the

Affiliated Ute Citizens of Utah (AUC),

under the Act and the laws of the State

of Utah. The AUC irrevocably delegated

authority to the UDC to represent the

mixed-blood members of the tribe in

joint management of undivided assets

and to receive and distribute their net

proceeds to stockholders of the UDC.

§ 217.2 What is the authority for this part?

The basic authority for this part is the

Act itself, 25 U.S.C. 677z, but we have

also tried to follow the decrees and

directions of the federal courts in the

following cases: Affiliated Ute Citizens

v. United States, 406 U.S. 128 (1972);

Reyos v. United States, 431 F.2d 1337

(10th Cir. 1970); Affiliated Ute Citizens

of Utah v. United States, 431 F.2d 1349

(10th Cir. 1970); United States v. Felter,

546 F. Supp. 1002 (D. Utah 1982);

United States v. Felter, 752 F.2d 1505

(10th Cir. 1985); Murdock v. Ute Indian

Tribe, et al., No. 91–4112, Slip. Op.

(10th Cir. Sept. 9, 1992); and Affiliated

Ute Citizens v. Ute Indian Tribe, Donald

Hodel, et al., Federal District Court for

Utah, 85–C–0569J, Memorandum

Opinion and Order, February 3, 1987,

and Memorandum Opinion and Order,

November 16, 1992.

§ 217.3 What is the purpose of this part?

This part provides procedures for

jointly managing undivided assets of the

Ute Indian tribe, under the Secretary’s

supervision. In managing these assets,

Tribal Business Committee represents

the full-blood group, and the Ute

Distribution Corporation (UDC)

represents the mixed-blood group.

§ 217.4 How do proceeds divide between

the two groups?

(a) The proceeds divide between the

two groups in proportion to the number

of persons on final membership rolls

published April 5, 1956, in 21 FR 2208.

Based on these rolls, they received a

certain percentage of all divisible assets;

they have also received, and will

continue to receive, the same

percentages of net proceeds from

undivided assets:

(1) Full-bloods: 72.83814 percent;

(2) Mixed-bloods: 27.16186 percent.

(b) These percentages don’t change,

even though tribal membership has

changed, and the type and number of

UDC stockholders varies as they transfer

stock. Originally, UDC’s stockholders

were all the people listed on the final

roll of mixed-bloods.

(c) The tribe and the UDC pay their

own costs for managing undivided

assets.

§ 217.5 What is the Secretary’s role under

this part?

(a) Under this part, the Secretary’s

standard responsibilities include—

(1) Supervising how the Tribal

Business Committee and the UDC

manage the Ute tribe’s undivided assets;

(2) Receiving the proceeds from

undivided assets and, after deducting

internal costs, dividing the net proceeds

between the UDC and the tribe

according to the established

percentages;

(3) Signing patents, deeds,

assignments, releases, certificates,

contracts, or other instruments needed

to carry out the Act or to establish a

marketable and recordable title to

property disposed of under the Act (25

U.S.C. 677y).

(b) If the Tribal Business Committee

or the UDC’s Board of Directors notifies

the Secretary that they disagree on how

to handle undivided assets, he or she—

(1) Partitions the tribe’s assets

lawfully, equitably, and fairly to both

groups (25 U.S.C. 677i);

(2) Issues a written decision resolving

the disagreement within 30 days of

receiving the notice; and

(3) States this decision in letters to all

interested parties.

(c) The Secretary also handles other

responsibilities stated in the Act or

elsewhere in federal law.

§ 217.6 How is wildlife managed?

Based on decisions in federal courts,

wildlife on the Uintah and Ouray

Reservation, Utah is an undivided asset

because no one can equitably divide the

tribe’s or individual Indian’s right to

hunt and fish on it. Specifically, the

rights of mixed-bloods to hunt and fish

on the reservation will end whenever

the last mixed-blood listed on the final

roll dies. Thus, the Tribal Business

Committee and the UDC must jointly

manage the regulation of wildlife and

hunting and fishing by tribal members

and by mixed-bloods on the final roll.

§ 217.7 What is the Joint Advisory Board

and what do they do?

(a) The Joint Advisory Board is a

group the Secretary may establish

permanently or to consider a particular

issue. It includes representatives of—

(1) The Tribe;

(2) The UDC; and

(3) The Secretary.

(b) The Joint Advisory Board:

(1) Considers anything that concerns

managing undivided assets;

(2) If organized to consider a specific

task, investigates and recommends

actions on that task to the Secretary;

(3) Transmits its decisions in writing

to the Tribal Business Committee, the

UDC’s Board of Directors, and the

Secretary.

§ 217.8 Must joint managers document

decisions and file reports?

Yes. The Tribal Business Committee

and UDC’s Board of Directors must:

(a) Write out and place an authorized

member’s signature on all decisions or

legal documents;

(b) Accompany each decision or

document with a resolution authorizing

it to be signed;

(c) Send all decisions or documents to

the Secretary for approval or

disapproval; and

(d) File annual reports to the

Secretary:

(1) From the Tribal Business

Committee on management of

undivided assets to the tribal

membership;

(2) From UDC’s Board of Directors on

management of hunting and fishing to

the mixed-bloods and of all other

undivided assets to UDC stockholders.

§ 217.9 Who collects payments from

mineral interests?

The Minerals Management Service

collects payments from mineral interests

and sends them to the Bureau of Indian

Affairs’ Office of Trust Fund

Management. Trust Fund Management

deposits the money in a joint

management account or Individual

Indian Money account in the United

States Treasury.

§ 217.10 How are errors in paying mineral

interests corrected?

(a) An error that results in

underpaying or overpaying the tribe,

UDC, or an allottee usually gets

corrected within six months. The period

may be longer if the amount is too large.

The BIA’s Office of Trust Fund

Management takes money from the joint

management account or diverts money

that would otherwise go to an

Individual Indian Money account and

places it in the account of the

appropriate joint manager or allottee.

The amount includes principal and

interest earned, as well as penalties, if

any.

(b) Reporting of an error depends on

its source. If the error results from—
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27833

(1) An action by BIA, the joint

managers, or an allottee, the Secretary

must immediately notify the BIA’s

Office of Trust Fund Management and

the Minerals Management Service

(MMS) of the error and how to correct

it;

(2) An action or inaction by MMS, a

lessee, payee, or a person or company

legally associated with a lessee, MMS

must immediately notify the BIA’s

Office of Trust Fund Management of the

error and how to correct it.

Dated: May 22, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–13731 Filed 5–31–96; 8:45 am]

BILLING CODE 4310–02–P

25 CFR Parts 271, 272, 274, 277 and

278

RIN 1076 AD 53

Contracts and Grants; School

Construction; Special Grants to Small

Tribes; Removal of Regulations

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed Rule.

SUMMARY: The Bureau of Indian Affairs

(Bureau) is proposing the elimination of

25 CFR Parts 271, 272, 274, 277 and 278

as mandated by Executive Order 12866

to streamline the regulatory process and

enhance the planning and coordination

of new and existing regulations.

DATES: Comments must be received on

or before August 2, 1996.

ADDRESSES: Mail comments to James

Thomas, Division of Self-Determination

Services, Office of Tribal Services,

Bureau of Indian Affairs, Department of

the Interior, 1849 C St. NW, Mail Stop

4603–MIB, Washington, DC 20240; OR,

hand deliver them to Room 4603 at the

above address. Comments will be

available for inspection at this address

from 9:00 a.m. to 4:00 p.m., Monday

through Friday beginning approximately

2 weeks after publication of this

document in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

James Thomas, Office of Tribal Services,

Bureau of Indian Affairs at telephone

(202) 208–3463.

SUPPLEMENTARY INFORMATION:

Background

The Bureau is promulgating new rules

to implement the Indian SelfDetermination and Education

Assistance Act, 25 CFR Part 900, which

will replace Part 271, Contracts under

Indian Self-Determination Act and Part

272, Grants under Indian SelfDetermination Act. The Bureau is

proposing the elimination of 25 CFR

Part 274, School Construction Contracts

or Services for Tribally Operated

Previously Private Schools, Part 277,

School Construction Contracts for

Public Schools and Part 278, Special

Grants for Economic Development and

Core Management Grants to Small

Tribes because they are no longer

necessary for the administration of

Bureau programs.

Supplementary Information

The authority to issue rules and

regulations is vested in the Secretary of

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

463 and 465 of the Revised Statutes, 25

U.S.C. 2 and 9.

Publication of this 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

this proposed rule to the location

identified in the ‘‘addresses’’ section of

this document.

Executive Order 12778

The Department has certified to the

Office of Management and Budget

(OMB) that this rule meets the

applicable standards provided in

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

Order 12778.

Executive Order 12866

This rule is not a significant

regulatory action under Executive Order

12866 and does not require review by

the Office of Management and Budget.

Regulatory Flexibility Act

This rule will not have a significant

economic impact on a substantial

number of small entities under the

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

et seq.).

Executive Order 12630

The Department has determined that

this 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 12612

The Department has determined that

this rule does not have significant

federalism effects because it pertains

solely to Federal-tribal relations and

will not interfere with the roles, rights

and responsibilities of states.

NEPA Statement

The Department has determined that

this rule does not constitute a major

Federal action significantly affecting the

quality of the human environment and

that no detailed statement is required

pursuant to the National Environmental

Policy Act of 1969.

Unfunded Mandates Act of 1995

This rule imposes no unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Act of 1995.

Paperwork Reduction Act of 1995

This rule contains no information

collection requirement that would

require notification to the Office of

Management and Budget.

Drafting Information

The primary author of this document

is Harriet Brown, Bureau of Indian

Affairs.

List of Subjects

25 CFR Part 271

Indians—tribal government, Indians—

contracting.

25 CFR Part 272

Indians—tribal government, Indians—

grants.

25 CFR Parts 274 and 277

Indians—school construction.

25 CFR Part 278

Indians—special grants for economic

development—core management grants.

Under the authority of Executive

Order 12866, and for the reasons stated

above, 25 CFR parts 271, 272, 274, 277

and 278 are proposed to be removed.

Dated: May 24, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–13728 Filed 5–31–96; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[INTL–0054–95]

RIN 1545–AT96

Proposed Amendments to the

Regulations on the Determination of

Interest Expense Deduction of Foreign

Corporations and Branch Profits Tax;

Hearing

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Change of location of public

hearing.