Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27821

§ 250.12 [Amended]

12. In § 250.11(e), remove ‘‘notices’’

and add in its place ‘‘notice’’ and

remove the phrase ‘‘paragraph (a) of this

subsection’’ and add in its place

‘‘paragraph (b) of this section.’’

Issued this 1st day of April, 1996 at

Washington, D.C.

Charles A. Hunnicutt,

Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 96–13815 Filed 5–31–96; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 1

RIN 1076–AD64

Applicability of the Rules of the Bureau

of Indian Affairs

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) is proposing to amend the

applicability of rules to make them more

readable and comprehensive by

rewriting them in plain English.

DATES: Comments must be received on

or before August 2, 1996.

ADDRESSES: Mail or hand carry

comments to James McDivitt, Acting

Director, Office of Management and

Administration, Bureau of Indian

Affairs, Department of the Interior, 1849

C St. NW, Mail Stop 4657–MIB,

Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT:

Dave Etheridge, Office of Secretary at

telephone (202) 208–4361.

SUPPLEMENTARY INFORMATION: We are

publishing this proposed rule by the

authority delegated by the Secretary of

the Interior to the Assistant Secretary—

Indian Affairs by 209 DM 8.

Public Participation Statement

Our policy is to give the public an

opportunity to participate in the

rulemaking process by submitting

written comments regarding the

proposed rules. We will consider all

comments received during the public

comment period. We will determine

necessary revisions and issue the final

rule. Please refer to this preamble’s

ADDRESSES section for where you must

submit your written comments on this

proposed rule.

Executive Order 12778

The Department has certified 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.

Executive Order 12866

This proposed rule is not a significant

regulatory action under Executive Order

12866 and has not been reviewed by the

Office of Management and Budget.

Regulatory Flexibility Act

This proposed 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.). This proposed rule

will determine the funding levels to be

awarded to tribes for the purposes of

creating new or enhancing and

improving existing tribal court systems.

In the event a tribe elects to receive

funding, there are likely to be

improvements in the exercise of civil

jurisdiction by tribes. This improvement

may increase the rate of civil collections

by private economic enterprises

operating on or near Indian reservations.

In addition, there may be an increase in

the number of civil claims made against

private economic enterprises.

Executive Order 12630

The Department has determined that

this proposed rule does not have

significant ‘‘takings’’ implications. The

proposed 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 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.

NEPA Statement

The Department 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.

Unfunded Mandates

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

As required by the Paperwork

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

3507(d)), the Department of the Interior

has submitted a copy of these sections

to the Office of Management and Budget

(OMB) for its review.

Drafting Information

The primary author of this document

was Kimberly Toyekoyah, Bureau of

Indian Affairs, Department of the

Interior.

List of Subjects in 25 CFR Part 1

Indians—land.

For the reasons given in the preamble,

Part 1 of Title 25, Chapter I of the Code

of Federal Regulations is proposed to be

revised as set forth below.

PART 1—APPLICABILITY OF RULES

OF THE BUREAU OF INDIAN AFFAIRS

Sec.

1.1 Waiver of regulations.

1.2 State and local regulation of the use of

Indian property.

Authority: 5 U.S.C. 301; RS 463 25 U.S.C.

2.

§ 1.1 Waiver of regulations.

The Secretary of the Interior may

waive or make exception to any

provision in Chapter I of Title 25 of the

Code of Federal Regulations if the

Secretary finds that it:

(a) Is in the best interest of the

Indians; and

(b) Would not violate any federal

statute or the United States

Constitution.

§ 1.2 State and local regulation of the use

of Indian property.

(a) Except as provided in paragraph

(b) of this section or in a federal statute,

no restriction based on the law of any

state or any subdivision of a state

applies to the use of any property

(including water rights) that is either:

(1) Held by the United States in trust

for an Indian or Indian tribe; or

(2) Owned by an Indian or Indian

tribe subject to a restriction against

alienation imposed by the United States.

(b) When the Secretary of the Interior

finds that it is in the best interest of the

Indian owner in achieving the highest

and best use of the property, the

Secretary may make a restriction based

on the law of a state or a subdivision of

a state applicable to specific property

that is:

(1) Held by the United States in trust

for an Indian or Indian tribe;

(2) Owned by an Indian or Indian

tribe subject to a restriction against

alienation imposed by the United States.
27822 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

Dated: May 24, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–13727 Filed 5–31–96; 8:45 am]

BILLING CODE 4310–02–P

25 CFR Part 150

RIN 1076–AD43

Land Records and Title Documents

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The purpose of this

rulemaking action is to revise the Land

Records and Title Documents

regulations. 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 for Indian

landowners and Bureau realty staff.

DATES: Comments by interested parties

must be in writing and we must receive

them before August 2, 1996.

ADDRESSES: You must mail or hand

carry your comments to Terrance

Virden, Acting Director, Office of Trust

Responsibilities, Bureau of Indian

Affairs, Department of the Interior, 1849

C Street, N.W., MS 4513 MIB,

Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT:

Alice Harwood, Acting Chief, Division

of Real Estate Services, Bureau of Indian

Affairs, Department of the Interior, 1849

C Street, N.W., MS 4510 MIB,

Washington, D.C. 20240.

SUPPLEMENTARY INFORMATION: We are

publishing this proposed rule by the

authority delegated by the Secretary of

the Interior to the Assistant Secretary—

Indian Affairs by 209 DM 8.

Our policy is to give the public an

opportunity to participate in the rule

making process by submitting written

comments regarding proposed rules. We

will consider all comments received

during the public comment period. We

will determine necessary revisions and

issue the final rule. Please refer to this

preamble’s ADDRESSES section for where

you must submit your written

comments on this proposed rule.

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 governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates 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

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

et seq.);

(b) Does not constitute a major

Federal action significantly affecting the

human environment, and no detailed

statement is needed under the

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 Quentin M.

Jones, Division of Real Estate Services.

List of Subjects in 25 CFR Part 150

Indians-lands.

For the reasons set out in the

preamble, we propose to revise Part 150

of Title 25 of the Code of Federal

Regulations, as follows:

PART 150—LAND RECORDS AND

TITLE DOCUMENTS

Sec.

150.1 Definitions.

150.2 Purpose.

150.3 Why do we keep land title records?

150.4 What documents must be submitted

for recording and who can submit them?

150.5 What are the responsibilities of the

Land Titles and Records Offices?

150.6 Where are the Land Titles and

Records Offices?

150.7 What other offices have title service

responsibilities?

150.8 What if errors are discovered during

the recording process?

150.9 When do I need a record of a land

title?

150.10 How do I get a copy of a certified

land title record, title status map, or a

copy of a title document?

150.11 What are the restrictions for access

to land records, title documents, and title

reports?

150.12 What is a land status map and who

prepares it?

Authority: Act of June 30, 1834 (4 Stat.

738; 25 U.S.C. 9). Act of July 26, 1892 (27

Stat. 272; 25 U.S.C. 5). Reorganization Plan

No. 3 of 1950 approved June 20, 1949 (64

Stat. 1262). (The Act of April 26, 1906 (34

Stat. 137); the Act of May 27, 1908 (35 Stat.

312); and the Act of August 1, 1914 (38 Stat.

582, 598) deal specifically with land records

of the Five Civilized Tribes.)

§ 150.1 Definitions.

Administrative Law Judge means an

employee of the Office of Hearings and

Appeals, Department of the Interior,

who has authority to probate the trust or

restricted estates of deceased Indians.

Agency means an Indian Agency or

other field unit of the Bureau of Indian

Affairs having Indian land under its

immediate jurisdiction.

Bureau means the Bureau of Indian

Affairs.

Commissioner means the

Commissioner of Indian Affairs or

authorized representative.

Indian land means all lands held in

trust by the United States for individual

Indians or tribes, or all lands, titles to

which are held by individual Indians or

tribes, subject to Federal restrictions

against alienation or encumbrance, or

all lands which are subject to the rights

of use, occupancy and/or benefit of

certain tribes. For purposes of this part,

the term Indian land also includes land

for which the title is held in fee status

by Indian tribes, and U.S. Governmentowned land under Bureau jurisdiction.

Land means real property or any

interests therein.

Land Titles and Records Office means

offices within the Bureau of Indian

Affairs with the Federal responsibility

to record, provide custody, and

maintain records that affect titles to

Indian lands, to examine and evaluate

titles, and to provide title status reports.

Manager means the officer in charge

of a Land Titles and Records Office.

Recordation or recording means the

acceptance of a title document by the

appropriate Land Titles and Records

Office. The purpose of recording is to

provide evidence of a transaction, event,

or happening that affects land titles to

preserve a record of the title, to give

constructive notice of the ownership,

change of ownership, and the existence

of encumbrances to the land.

Secretary means the Secretary of the

Interior or authorized representative.

Superintendent means the designated

officer in charge of an Agency.

Title document means any document

that affects the title to or encumbers

Indian land and is required to be

recorded by regulation or Bureau policy.

Title examination means an

examination and evaluation by a

qualified title examiner for the

completeness and accuracy of title

documents.

Title status report means a report

issued after a title examination which

shows the proper legal description of a

tract of Indian land; current ownership,

including any applicable conditions,

exceptions, restrictions, or

encumbrances on record; and whether