Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30559

or by easement, as appropriate. The

acquisition of ‘‘mitigation credits’’ in

wetland mitigation banks should be

accomplished through a legally

recognized instrument, such as

permanent easement or deed restriction,

which provides for protection and

permanent continuation of the wetland

nature of the mitigation.

(d) A State Highway Agency (SHA)

may acquire privately owned lands in

cooperation with another public agency

or third party. Such an arrangement may

accomplish greater benefits than would

otherwise be accomplished by the

individual agency acting alone.

(e) An SHA may either transfer the

title of lands acquired outside the rightof-way, without credit to Federal funds,

to an appropriate public agency (e.g.,

U.S. Fish and Wildlife Service or State

natural resource agency) or enter into an

agreement with such agency to manage

such lands. When such transfer occurs,

there shall be an explicit agreement that

the lands or interests therein transferred

shall remain in the grantee agency’s

ownership or control so long as the

lands continue to serve the purpose of

the original acquisition. In the event the

area transferred no longer serves the

purpose of the original acquisition, the

lands or interests therein transferred

shall revert to the SHA for proper

disposition.

(f) The reasonable costs of acquiring

lands or interests therein to provide

replacement lands with equivalent

wetlands functional capacity are eligible

for Federal participation.

(g) The objective in mitigating impacts

to all wetlands in the Federal-aid

highway program is to implement the

policy of no-net-loss in area or

functional capacity. Certain activities to

ensure the viability of compensatory

mitigation wetlands during the period of

establishment are eligible for Federalaid participation. These include, but are

not limited to, such activities as repair

or adjustment of water control

structures, pest control, irrigation,

fencing modifications, and replacement

of plantings. The establishment period

should be specifically determined by

the mitigation agreement among the

mitigation bank managers prior to

beginning any mitigation activities.

[FR Doc. 96–15297 Filed 6–14–96; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 154

RIN 1076–AD41

Osage Roll; Certificate of Competency

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Indian Affairs

is proposing to amend its regulations on

the Osage competency roll as required

by the National Performance Review

regulatory reform effort.

DATES: Comments must be received on

or before August 16, 1996.

ADDRESSES: Mail or hand carry your

comments to Terrance L. Virden, Acting

Director, Office of Trust

Responsibilities, Bureau of Indian

Affairs, Department of the Interior, 1849

C Street, NW, MS 4513 MIB,

Washington, DC 20240. Comments may

be hand delivered from 9:00 a.m. to 4:00

p.m., Monday through Friday or sent by

facsimile to Facsimile No. (202) 219–

1065.

FOR FURTHER INFORMATION CONTACT:

Alice Harwood, Acting Chief, Division

of Real Estate Services, Office of Trust

Responsibilities, Bureau of Indian

Affairs, Department of the Interior, 1849

C Street, NW, MS 4513 MIB,

Washington, DC 20240, Telephone No.

(202) 208–7737.

SUPPLEMENTARY INFORMATION: The

proposed rule has been rewritten to

facilitate its use by the general public

and the individual Indians affected by

the rule. Sections that no longer apply

have been deleted and sections added

for clarification. No substantive

revisions are proposed in this rule.

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, and delegated to the

Assistant Secretary-Indian Affairs by

209 DM 8.

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.

This rule is not a major rule under

Executive Order 12866 and will not

require a review by the Office of

Management and Budget.

The Department has determined that

this rule:

• Does not have significant federalism

effects.

• 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.) because this rule applies only

to Osage Indian applicants.

• Does not have significant takings

implications under E.O. 12630.

• Does not have significant effects on

the economy, nor will it result in

increases in costs or prices for

consumers, individual industries,

Federal, State, or local governments,

agencies, or geographical regions.

• Does not have any adverse effects

on competition, employment,

investment, productivity, innovation, or

the export/import market.

• Is categorically excluded from the

National Environmental Policy Act of

1969 because it is of an administrative,

technical, and procedural nature.

Therefore, neither an environmental

assessment nor an environmental

impact statement is warranted.

• Does not impose any unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Act of 1995.

• Has been found to contain no

information collection requirements

under the Paperwork Reduction Act of

1995. By memorandum January 11,

1984, then Deputy Administrator for the

Office of Information and Regulatory

Affairs, Office of Management and

Budget (OMB), determined that

information collections related to Indian

land records and title documents did

not require OMB clearance.

Drafting Information

The primary author of this document

is Pearl Kennedy, Realty Specialist,

Division of Real Estate Services, Bureau

of Indian Affairs, Department of the

Interior, 1849 C Street, NW, MS 4522

MIB, Washington, DC, 20240.

List of Subjects in 25 CFR Part 154

Indians, Indians—lands.

For the reasons given in the preamble,

Part 154 of Title 25, Chapter I of the

Code of Federal Regulations is proposed

to be revised as set forth below.

PART 154—OSAGE ROLL,

CERTIFICATE OF COMPETENCY

Sec.

154.1 What are the definitions of the terms

used in this part?

154.2 Why do I need a certificate of

competency?

154.3 How do I apply for a certificate of

competency?

154.4 How do I qualify for a certificate of

competency?
30560 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

154.5 What is a competency eligibility roll?

154.6 How is age determined?

154.7 Who pays for the recording of

certificates of competency?

154.8 When will I get delivery of my funds,

if any?

Authority: 62 Stat. 18; 25 U.S.C. 331 note.

§ 154.1 What are the definitions of the

terms used in this part?

Certificate of competency is a

certificate issued by the Superintendent

of the Osage Agency declaring a certain

Osage Indian to be competent to handle

his or her allotted or inherited Osage

Indian lands or Osage headright

interest(s).

Commissioner includes the Deputy

Commissioner of Indian Affairs or

authorized representative acting under

delegated authority.

Person means an unallotted member

of the Osage Tribe of Oklahoma of less

than one-half Osage Indian blood who

has not received a certificate of

competency.

Secretary means the Secretary of the

Interior or authorized representative

acting under delegated authority.

Superintendent means the

Superintendent of the Osage Agency,

Bureau of Indian Affairs, Department of

the Interior.

§ 154.2 Why do I need a certificate of

competency?

If you do not wish to be under the

supervision of the Bureau of Indian

Affairs and feel that you are competent

to handle your own allotted or inherited

Osage Indian lands or Osage headright

interests, you may apply for a certificate

of competency which will remove the

restrictions from your land as well as

make any income deriving from your

Osage headright interests fully taxable

by both Federal and State. In addition,

a certificate of competency will make

any Osage lands or headright subject to

creditors’ claims.

§ 154.3 How do I apply for a certificate of

competency?

You must complete and file with the

agency superintendent a written

application in the form approved by the

Secretary.

§ 154.4 How do I qualify for a certificate of

competency?

You must be at least 21 years old and

be determined by the Osage Agency

Superintendent to be competent to

handle your own land and financial

affairs.

§ 154.5 What is a competency eligibility

roll?

It is a listing, prepared for the Osage

Agency Superintendent, of persons 21

years or older who have not received a

certificate of competency. It contains the

following information for each

individual:

(a) Name;

(b) Last known address;

(c) Date of birth; and

(d) Total quantity of Osage Indian

blood of each person listed.

§ 154.6 How is age determined?

The date of birth as shown on a

standard or delayed birth certificate or

census records maintained by the Osage

Indian Agency is accepted as prima

facie evidence in determining the age of

a person.

§ 154.7 Who pays for the recording of

certificates of competency?

The Superintendent may disburse IIM

funds of the persons to whom a

certificate of competency is issued in

order to provide for the direct payment

of costs of recording the certificate of

competency into the official land

records of the Osage County Clerk.

§ 154.8 When will I get delivery of my

funds, if any?

After a certificate of competency is

issued and recorded, the

Superintendent will deliver to the

individual or legal guardian named, the

original copy of the certificate and a

check for all funds on deposit in the IIM

account of the individual at the Osage

Indian Agency. At the request of the

Superintendent, you will be required to

sign a receipt.

Dated: May 31, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–14641 Filed 6–14–96; 8:45 am]

BILLING CODE 4310–02–M

25 CFR Part 162

RIN 1076–AA29

Leasing and Permitting

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: This rulemaking action will

revise the leasing and permitting

regulations in 25 CFR Part 162, and

incorporate the general grazing permit

regulations now found in 25 CFR Part

166. The rule will also implement the

relevant provisions in a number of

statutes of general application,

including the American Indian

Agricultural Resource Management Act

(AIARMA). Finally, the rule will

implement many policy decisions, legal

opinions, and administrative actions

which have been issued or implemented

by the Bureau of Indian Affairs (BIA)

since the last publication of these

regulations in the 1960’s.

DATE: Comments must be submitted on

or before October 15, 1996.

ADDRESSES: Mail comments to: 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: Stan

Webb, Branch of Real Estate Services,

Phoenix Area Office, Bureau of Indian

Affairs, at 602–379–6781, or Virgil

Dupuis, Lands Division, Confederated

Salish and Kootenai Tribes of the

Flathead Nation, at 406–675–2700.

SUPPLEMENTARY INFORMATION: Section

301 of the AIARMA requires that the act

be implemented through the

promulgation of final regulations within

24 months, and that such regulations be

‘‘developed by the Secretary with the

participation of the affected Indian

tribes.’’ Four work groups (including a

leasing and permitting group) were

established by a steering committee,

with the work groups and the steering

committee each being comprised of BIA

and tribal representatives. The work

groups met in March 1994, and a first

set of draft regulations was distributed

for comment to some 3000 addressees

on April 29, 1994. The first draft did not

provide for a consolidation of the

permitting provisions in 25 CFR Parts

162 and 166, although such a

consolidation had been planned by the

BIA since 1988; it did, however, include

a number of proposed revisions

(unrelated to the AIARMA) intended to

address questions raised during the past

25 years by other statutory enactments

and various administrative actions and

judicial decisions.

After five formal hearings were

conducted throughout the nation, a

second mailing was distributed for

comment on June 28, 1994. The second

mailing included a cross-references

summary sheet which indicated how

most of the permitting provisions in the

existing 25 CFR Part 166 would be

incorporated in Subpart D of the

proposed 25 CFR Part 162, but it did not

include the text of the proposed Subpart

D. The text of a revised Subpart D—and

all of the other proposed regulations

drafted to implement the AIARMA—

were distributed for a final round of

comments on November 30, 1994. The

leasing and permitting work group met

in September 1994 and March 1995,

respectively, to review the written

comments and public testimony

received in response to the mass

mailings.