34400 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules

Dated: June 6, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–16041 Filed 7–1–96; 8:45 am]

BILLING CODE 4310–02–P

25 CFR Part 152

RIN 1076–AD42

Issuance of Patents in Fee, Certificates

of Competency, Removal of

Restrictions, and Sale of Certain Indian

Lands

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The purpose of this proposed

rule making action is to revise the

Issuance of Patents in Fee, Certificates

of Competency, Removal of Restrictions,

and Sale of Certain Indian Lands

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 must be received on

or before September 3, 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, N.W., MS 4513 MIB,

Washington, D.C. 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 Estates Services, Office of Trust

Responsibilities, Bureau of Indian

Affairs, Department of the Interior, 1849

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

Washington, D.C. 20240, Telephone No.

(202) 208–7737.

SUPPLEMENTARY 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. 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.

The Department has determined that

this rule:

• does not have significant federalism

effects.

• is not a major rule under E.O. 12866

and will not require a review by the

Office of Management and Budget.

• 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 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.

• is exempt by OMB from the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3507(d)) and does

not require a review by the Office of

Management and Budget.

List of Subjects in Part 152

Indians—lands.

For the reasons given in the preamble,

we propose to revise Part 152 to Title 25

Chapter 1 of the Code of Federal

Regulations, as set forth below.

PART 152—ISSUANCE OF PATENTS

IN FEE, CERTIFICATES OF

COMPETENCY, REMOVAL OF

RESTRICTIONS, AND SALE OF

CERTAIN INDIAN LANDS

Sec.

152.1 What are the definitions of the terms

used in this part?

Issuing Patents in Fee, Certificates of

Competency, or Orders Removing

Restrictions

152.2 Who can apply for a patent in fee?

152.3 How do I apply for a patent in fee?

152.4 What happens when I apply for a

patent in fee?

152.5 Will patents in fee be issued to nonIndians and Indians with whom a special

relationship does not exist?

152.6 Who can apply for a certificate of

competency?

152.7 What happens when I apply for a

certificate of competency?

152.8 Can certain Osage Indian adults apply

for a certificate of competency?

152.9 Who can apply for an order removing

restrictions?

152.10 How do I apply for an order

removing restrictions?

152.11 What happens when I apply for an

order removing restrictions?

Order Removing Restrictions for Members

of the Five Civilized Tribes

152.12 If I am a member of the Five

Civilized Tribes, how do I apply for

removal of restrictions under authority

other than section 2(a) of the Act of

August 11, 1955?

152.13 If I am a member of the Five

Civilized Tribes, what happens when I

apply for removal of restrictions under

section 2(a) of the Act of August 11,

1955?

152.14 If I am a member of the Five

Civilized Tribes, can the restrictions be

removed from my land without an

application?

152.15 If I am a member of the Five

Civilized Tribes, what happens when a

removal of restrictions is issued to me

without an application?

152.16 If I am a member of the Five

Civilized Tribes, what is the effect of an

order removing restrictions from my land

under the Act of August 11, 1955 (69

Stat. 666)?

Sales, Exchanges, and Conveyances of

Trust or Restricted Lands

152.17 Can I sell, exchange, or otherwise

convey my Indian land?

152.18 Can a natural guardian or person

designated by the Secretary sell my

Indian land?

152.19 Can fiduciaries sell my Indian land?

152.20 Can the Secretary sell land owned

by more than one person?

152.21 Can a tribe sell or exchange tribal

land?

152.22 Is the Secretary’s approval necessary

to convey individual-owned trust or

restricted lands or lands owned by a

tribe?
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34401

152.23 Where do I file an application for

sale, exchange, or gift?

152.24 Is an appraisal necessary?

152.25 Can I negotiate a sale, gift, or

exchange of my trust or restricted lands?

152.26 How is my land advertised for sale?

152.27 What procedures are followed for an

advertised sale?

152.28 What happens after the bid closing?

152.29 Can the Secretary reject bids or

disapprove a sale?

152.30 Can employees of Indian Affairs

bid?

152.31 Who pays for the cost of conveyance

and fees?

152.32 Who pays irrigation fees and

payments?

Partitions in Kind of Inherited Allotments

152.33 Can I partition my Indian lands?

Mortgages and Deeds of Trust To Secure

Loans to Indians

152.34 Can I mortgage my land?

152.35 Can I make a sale on a deferred

payment plan?

Denials Of Applications

152.36 When does the Secretary deny

approval of my application?

152.37 Am I notified of a denial?

Receiving Information

152.38 Who can receive information

regarding status of applications for

patents in fee, certificates of competency,

or orders removing restrictions of trust or

restricted Indians lands?

Authority: 5 U.S.C. 301. Interpret or apply

sec. 7, 32 Stat. 275; 34 Stat. 1018; sec. 1, 35

Stat. 444; sec. 1 and 2, 36 Stat. 855, as

amended, 856, as amended; sec. 17, 39 Stat.

127; 40 Stat. 579; 62 Stat. 236; sec. 2, 40 Stat.

606; 68 Stat. 358; 69 Stat. 666; 25 U.S.C. 355,

372, 373, 378, 379, 404, 405, 483, unless

otherwise noted.

Cross-Reference: See part 159 and part 160

in this chapter for further regulations

regarding sale of irrigable lands.

§ 152.1 What are the definitions of the

terms used in this part?

Agency means an Indian agency or

other field unit of the Bureau of Indian

Affairs having trust or restricted Indian

land under its immediate jurisdiction.

Competent means that you posses

sufficient ability, knowledge,

experience, and judgment to manage

your business affairs, including the

administration,use, investment, and

disposition of any property you own

and the income or proceeds derived

from the property, with a reasonable

degree of prudence and wisdom to

prevent the loss of such property or

benefits. (Act of August 11, 1955 (69

Stat. 666)).

Fiduciary means a person acting

primarily for another’s benefit such as a

trustee, guardian, or conservator.

I and my mean the Indian applicant.

Patent in fee means an instrument of

conveyance issued by the government to

transfer the title of trust, or any interest

in trust land, to a non-Indian or Indian

determined to be competent. A patent in

fee removes all restrictions against

alienation of all restriction property and

terminates the trust responsibility of the

Secretary of the Interior for the land.

Restricted land means land or any

interest therein, the title to which is

held by an individual Indian, subject to

Federal restrictions against alienation or

encumbrance.

Secretary means the Secretary of the

Interior or authorized representative

acting under delegated authority.

Tribe means any Indian tribe, band,

nation, pueblo, community, corporation,

rancheria, colony, or other group of

Indians.

Trust land means land or any interest

therein held in trust by the United

States for an individual Indian or tribe.

We means the Secretary of the Interior

or authorized representative acting

under delegated authority.

You means the Indian applicant.

Your refers to the Indian applicant.

Issuing Patents in Fee, Certificates of

Competency, or Orders Removing

Restrictions

§ 152.2 Who can apply for a patent in fee?

Indians 21 years of age or over. The

written application must be in a form

approved by the Secretary and filed

with the agency having immediate

jurisdiction over the land.

§ 152.3 How do I apply for a patent in fee?

You must complete and submit a

written application in the form

approved by the Secretary and file it

with the agency superintendent having

immediate jurisdiction over the land.

§ 152.4 What happens when I apply for a

patent in fee?

(a) If we determine that your are

competent, we will issue you a fee

patent and give you an inventory of

your estate. (Acts of Feb. 8, 1887 (24

Stat. 388), as amended (25 U.S.C. 349);

June 25, 1910 (36 Stat. 855), as amended

(25 U.S.C. 372); and May 14, 1948 (62

Stat. 236; 25 U.S.C. 483); and other

authorizing acts.)

(b) If we deny your application, we

will tell you why in a letter. You have

the right to appeal the decision under 25

CFR part 2.

(c) White Earth Reservation: We will

issue a patent in fee to any adult Indian

of mixed-blood owning land within the

White Earth Reservation in the State of

Minnesota. When you apply, we do not

consider your competency (Act of

March 1, 1907 (34 Stat. 1015)).

(d) Fort Peck Reservation: Interests in

oil and gas underlying certain

allotments on the Fort Peck Reservation

were granted to certain Indians to be

held in trust for them. Provisions were

made to issue patents in fee for such oil

and gas or patents in fee for land in

certain circumstances (Act of June 30,

1954 (68 Stat. 358)).

(1) Title to the entire interest in the oil

and gas, underlying a parcel of land

within the Fort Peck Reservation, was

conveyed by the act in fee simple status

to Indian grantees who received a patent

or patent in fee before June 30, 1954.

(2) We will convey by patent, without

application, unrestricted fee simple title

to the entire interest in oil and gas

granted by this act to Indians to whom

a fee patent has been issued at any time

for any land within the Fort Peck

Reservation or who have been

determined to be competent.

(3) When we determine that the entire

interest in a tract of land on the Fort

Peck Reservation is owned by a

competent Indian grantee of oil and gas

under the act, we will issue fee patents

to them, covering all interests in the

land, without application.

§ 152.5 Will patents in fee be issued to

non-Indians and Indians with whom a

special relationship does not exist?

We will issue a patent in fee to any

non-Indian, or Indian to whom the

United States owes no trust

responsibility, without application,

whenever we determine that trust land,

or any interest in trust land, has been

acquired through inheritance or devise.

§ 152.6 Who can apply for a certificate of

competency?

Indians 21 years old or over, except

certain adult members of the Osage

Indian Tribe as provided in § 152.8, who

hold land or an interest in land under

a restricted fee patent. The written

application must be in a form approved

by the Secretary and filed with the

agency having immediate jurisdiction

over the land.

§ 152.7 What happens when I apply for a

certificate of competency?

(a) If we determine that you are

competent, we will approve your

application, and a certificate of

competency will be issued. The delivery

of the certificate will have the effect of

removing the restrictions from the

described land. (Act of June 25, 1910 (36

Stat. 855), as amended (25 U.S.C. 372)).

(b) If we deny your request, we will

tell you why in a letter. You have the

right to appeal this action under part 2

of this chapter.
34402 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules

§ 152.8 Can certain Osage Indian adults

apply for a certificate of competency?

Adult members of the Osage Indian

Tribe of one-half or more Indian blood

may apply for a certificate of

competency. Applications must be in

the form approved by the Secretary. If

the Secretary determines that you are

competent, a certificate of competency

will be issued removing restrictions

against alienation on all restricted

property and terminating the United

States trust responsibility on all

restricted property. Your Osage

headright interest remains under the

trust responsibility of the United States.

For regulations pertaining to the

issuance of certificates of competency to

adult Osage Indians of less than one-half

Indian blood, see part 154 of this

chapter.

§ 152.9 Who can apply for an order

removing restrictions?

(a) You can apply for an order

removing restrictions if you are:

(1) An Indian not under legal

disability under the laws of the State

where you reside or where the land is

located; or

(2) A court-appointed guardian or

conservator of any Indian.

(b) If you are a member of the Five

Civilized Tribes, see § 152.13.

§ 152.10 How do I apply for an order

removing restrictions?

(a) You must send a written

application, in the form approved by the

Secretary, telling why you need the

removal of restrictions, to the agency

having immediate jurisdiction over the

lands.

(b) If you are a member of the Five

Civilized Tribes, see § 152.12

§ 152.11 What happens when I apply for an

order removing restrictions?

(a) If we determines that you are

competent or that a removal of

restrictions is in your best interest, we

will approve your application and issue

an order removing restrictions from the

described lands.

(b) If you are a member of the Five

Civilized Tribes, see § 152.13.

(c) If we deny the application, we will

tell you why in a letter. You have the

right to appeal this action under part 2

of this chapter.

Order Removing Restrictions for

Members of the Five Civilized Tribes

§ 152.12 If I am a member of the Five

Civilized Tribes, how do I apply for removal

of restrictions under authority other than

section 2(a) of the Act of August 11, 1955?

When you ask us to remove

restrictions on your restricted lands

under authority other than section 2(a)

of the Act of August 11, 1955 (69 Stat.

666), you may not include lands, or

interest in lands, acquired by

inheritance or devise. You can apply in

either of the two following ways:

(a) If you apply for an unconditional

removal, we will grant the removal if we

determine that you are competent.

(b) If you apply for a conditional

removal, we will grant the removal. The

conditional order will be effective only

and simultaneously with the execution

of a deed by you and upon completion

of an advertised or negotiated sale

acceptable to us.

§ 152.13 If I am a member of the Five

Civilized Tribes, what happens when I apply

for removal of restrictions under section

2(a) of the Act of August 11, 1955?

(a) If we determine that you are

competent, we will issue an order

removing restrictions having the effect

stated in § 152.16.

(b) If your application is rejected, this

action is not subject to administrative

appeal.

(c) If the Secretary rejects, or takes no

action within 90 days of the application

date, you may apply to the State district

court in the county in which you reside.

If that State district court issues an

order, it will have the effect stated in

§ 152.16.

§ 152.14 If I am a member of the Five

Civilized Tribes, can the restrictions be

removed from my land without an

application?

(a) Yes. When you are determined to

be competent, section 2(b) of the Act of

August 11, 1955 (69 Stat. 666),

authorizes the removal of restrictions on

property belonging to members of the

Five Civilized Tribes. The Secretary will

issue an order removing restrictions

without an application. We will tell you

in a letter that we intend to issue an

order removing restrictions 30 days after

the date of the letter.

(b) This decision may be appealed

under part 2 of this chapter within the

30 days.

(c) All administrative appeals will

postpone the issuance of this order.

(d) An order removing restrictions

will be issued when:

(1) The decision is not appealed

within 30 days after the date of the

notice;

(2) Any dismissal of an appeal is not

appealed within the prescribed time

limit; or

(3) The final appeal is dismissed.

§ 152.15 If I am a member of the Five

Civilized Tribes, what happens when a

removal of restrictions is issued to me

without an application?

When an order removing restrictions

is issued, under § 152.14:

(a) A copy of the order will be

delivered to you, or any person acting

on your behalf, and the Board of County

Commissioners for the county in which

you reside.

(b) Under the terms the Act of August

11,1955 (69 Stat. 66), the Secretary will

tell you and the Board of County

Commissioners in a letter that you and/

or the Board have the right to appeal

within six months of the date of this

letter. The appeal must be to the State

district court for the district in which

you reside. The appeal will stay the

effective date of the order until such

proceedings are concluded. If the State

district court dismisses the appeal, the

order will become effective six months

after the date of the letter. The effect of

the order is described in § 152.16.

§ 152.16 IfI am a member of the Five

Civilized Tribes, what is the effect of an

order removing restrictions from my land

under the Act of August 11, 1955 (69 Stat.

666)?

(a) The effective date will remove all

jurisdiction and supervision of the

Bureau of Indian Affairs.

(b) Full ownership and control of

money and property will be given to

you, and the Secretary will issue title

documents if necessary.

(c) The Secretary may make

provisions to insure repayment of

money lent to you by the Federal

Government or by an Indian tribe.

(d) The interest of any lessee or

permittee in any lease, contract, or

permit that is outstanding when an

order becomes effective will be

preserved.

Sales, Exchanges, and Conveyances

of Trust or Restricted Lands

§ 152.17 Can I sell, exchange, or otherwise

convey my Indian land?

Trust or restricted lands acquired by

allotment, devise, inheritance, purchase,

exchange, or gift may be sold,

exchanged, and conveyed by you with

the approval of the Secretary or by the

Secretary with your consent under the

Acts of May 27, 1902 (32 Stat. 275; 25

U.S.C. 379); May 17, 1906 (34 Stat. 197),

as amended August 2, 1956 (70 Stat.

954; 48 U.S.C. 357); March 1, 1907 (34

Stat. 1018; 25 U.S.C. 405); May 29, 1908

(35 Stat. 444; 25 U.S.C. 404); June 25,

1910 (36 Stat. 855; 25 U.S.C. 372), as

amended May 25, 1926 (44 Stat. 629; 48

U.S.C. 355a-355d); June 18, 1934 (48

Stat. 984; U.S.C. 464); and May 14, 1948
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34403

(62 Stat. 236; 25 U.S.C. 483); and other

authorizing acts.

§ 152.18 Can a natural guardian or person

designated by the Secretary sell my Indian

land?

(a) Under the Act of May 29, 1908 (35

Stat. 444; 25 U.S.C. 404), we may sell

trust or restricted land belonging to:

(1) A minor, with the consent of the

natural guardian of the minor;

(2) Indian orphans without a natural

guardian; and

(3) Indians who are non compos

mentis or otherwise under legal

disability.

(b) The authority contained in the Act

of May 29, 1908 is not applicable to

lands in Oklahoma, Minnesota, and

South Dakota, nor to lands authorized to

be sold by the Act of May 14, 1948 (62

Stat. 236; 25 U.S.C. 483).

§ 152.19 Can fiduciaries sell my Indian

land?

With our approval or consent,

guardians, conservators, or other

fiduciaries appointed by State courts, or

by tribal courts operating under

approved constitutions or law and order

codes, may convey trust or restricted

land belonging to Indians who are

minors, no compos mentis, or otherwise

under legal disability. This section is

subject to the exceptions contained in

25 U.S.C. 954(b).

§ 152.20 Can the Secretary sell land owned

by more than one person?

Under the Act of June 25, 1910 (36

Stat. 855), as amended (25 U.S.C. 372),

lands or all interests in land may be sold

if the Secretary determines that one or

more of the heirs who have inherited

trust land are incapable of managing

their own affairs. This authority does

not apply to lands authorized to be sold

under the Act of May 14, 1948 (62 Stat.

236; 25 U.S.C. 483).

§ 152.21 Can a tribe sell or exchange tribal

land?

Certain tribal land may be sold or

exchanged under the Acts of February

14, 1920 (41 Stat. 415; 25 U.S.C. 294);

June 18, 1934 (48 Stat. 984; 25 U.S.C.

464); August 10, 1939 (53 Stat. 1351; 25

U.S.C. 463(e)); July 1, 1948 (62 Stat.

1214); June 4, 1953 (67 Stat 41; 25

U.S.C. 293(a)); July 28, 1955 (69 Stat.

392), as amended August 31, 1964 (78

Stat. 747; 25 U.S.C. 608–608c); June 18,

1956 (70 Stat. 290; 25 U.S.C. 403a–2);

July 24, 1956 (70 Stat. 626); May 19,

1958 (72 Stat. 121; 25 U.S.C. 463, Note);

September 2, 1958 (72 Stat. 1762); April

4, 1960 (74 Stat. 13); April 29, 1960) 74

Stat. 85); December 11, 1963 (77 Stat.

349); August 11, 1964 (78 Stat. 389);

January 12, 1983 (96 Stat. 2517, 25

U.S.C. 2201), and under other

authorizing acts. Except as otherwise

provided by law, the regulations in this

part 152 apply to sale or exchanges of

tribal land.

§ 152.22 Is the Secretary’s approval

necessary to convey individual-owned trust

or restricted lands or lands owned by a

tribe?

(a) Individual lands. Yes, except

inherited lands of the Five Civilized

Tribes, see § 152.12. Influencing an

Indian to execute an instrument

purporting to convey any interest in

trust land, or the offering of any

instrument for record is prohibited, and

criminal penalties may be incurred. (See

25 U.S.C. 202 and 348.)

(b) Tribal lands. Yes, except where

acts of Congress authorize sales without

approval. (See 25 U.S.C. 177.)

§ 152.23 Where do I file an application for

sale, exchange, or gift?

Applications must be filed in a form

approved by the Secretary with the

agency having immediate jurisdiction

over the land. Applications may be

approved if the transaction appears to

be in the long-range best interest of the

owner or owners, or under conditions in

§ 152.25(d).

§ 152.24 Is an appraisal necessary?

Yes. Except as otherwise provided by

the Secretary, we must do an appraisal

to determine the fair market value

before making or approving a sale,

exchange, or other transfer of title of

trust or restricted land.

§ 152.25 Can I negotiate a sale, gift, or

exchange of my trust or restricted lands?

Sales, exchanges, and gifts

specifically described in paragraphs (a),

(b), (c), and (d) of this section may be

negotiated; all other sales must be by

advertised sale, or as determined by the

Secretary. With the approval of the

Secretary:

(a) Consideration not less than the

appraised fair market value. You may

negotiate and sell trust or restricted land

for not less than the appraised fair

market value when:

(1) The sale is to the United States,

States, or political subdivisions, or sale

for a public purpose.

(2) The sale is to the tribe or another

Indian; or

(3) The Secretary determines it is

impractical to advertise.

(b) Exchange at appraised fair market

value. You may exchange trust or

restricted land in combination with

other things of value. The value you

receive in the exchange must be

substantially equal to the appraised fair

market value of the consideration given

by you.

(c) Sale to co-owners. You may

negotiate and sell trust or restricted land

to a co-owner. The consideration may be

less than the appraised fair market

value, if we determine there is a special

relationship between the co-owners or

special circumstances exist.

(d) Gifts and conveyances for less

than the appraised fair market value.

You may convey trust or restricted land

for less than the appraised fair market

value or for no consideration, when:

(1) The prospective grantee is your

spouse, brother, sister, lineal ancestor of

Indian blood, or lineal descendant;

(2) Some other special relationship

exists between you and grantee; or

(3) The Secretary determines that

special circumstances exist that warrant

the approval of the conveyance.

§ 152.26 How is my land advertised for

sale?

(a) Once your application is approved,

a notice of sale will be published not

less than 30 days prior to the date fixed

for the sale. A shorter period may be

authorized by the Secretary.

(b) The notice of sale will include:

(1) Terms, conditions, place, date,

hour, and methods of sale, including

explanation of auction procedures set

out in § 152.27(b)(2);

(2) Where and how bids must be

submitted;

(3) A warning to all bidders against

violation of 18 U.S.C. 1860 prohibiting

unlawful combination or intimidation of

bidders or potential bidders; and

(4) Description of tracts, all

reservations to which title will be

subject, any restrictions and

encumbrances of record with the Bureau

of Indian Affairs, and any other

information that may improve sale

prospects.

§ 152.27 What procedures are followed for

an advertised sale?

(a) Advertised sales are by sealed bids

except as provided in this paragraph:

(1) Bids, along with a certified check,

cashier’s check, money order, or U.S.

Treasury check, payable to the Bureau

of Indian Affairs, for not less than 10

percent of the amount of the bid, must

be enclosed in a sealed envelope

marked as prescribed in the notice of

sale. A cash deposit may be submitted

in lieu of these negotiable instruments

at the bidder’s risk. Tribes submitting

bids under this paragraph may

guarantee the required 10 percent

deposit by an appropriate resolution.

(2) The sealed envelopes containing

the bids will be publicly opened at
34404 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules

the time fixed for sale. The bids will be

announced and appropriately recorded.

(b) when the Secretary recognizes that

a tribe or a tribal member has a valid

interest in acquiring the trust or

restricted lands offered for sale, the

following apply:

(1) With the consent of the owner and

when the notice of sale so states, the

tribe or tribal members have the right to

meet the high bid.

(2) An oral auction may be held

following the bid opening if:

(i) The tribe is not the highest bidder;

(ii) One or more acceptable sealed

bids are received; or

(iii) When so stated in the notice of

sale.

(c) Bidding in the auction will be

limited to the tribe and to those who

submitted sealed bids at 75 percent or

more of the appraised value of the land

being auctioned. At the conclusion of

the auction, the highest bidder must

increase his deposit to not less than 10

percent of his auction bid.

§ 152.28 What happens after the bid

closing?

(a) The apparent highest acceptable

bid will be publicly announced. The

deposits submitted by unsuccessful

bidders will be returned immediately.

The apparent successful bidder’s

deposit will be held in a special

account.

(b) If the highest bid received is less

than the appraised fair market value of

the land, the Secretary, with the consent

of the owner, may accept that bid if:

(1) The amount approximates said

appraised fair market value; and

(2) The amount is the highest price

that may be realized.

(c) The Secretary will notify the

apparent successful bidder that the

remainder of the purchase price must be

submitted within 30 days.

(1) The Secretary may extend the time

for payment of the balance due upon

showing of cause.

(2) If the balance due is not paid

within the time allowed, the bid will be

rejected, and the apparent successful

bidder’s 10 percent deposit will be

forfeited to the landowner.

(d) The issuance of the patent or

delivery of a deed to the purchaser will

not be authorized until the balance of

the purchase price has been paid. The

fee patent may be ordered in cases

where the purchaser is obtaining a loan

from an agency of the Federal

Government, and that agency has given

the Secretary a commitment that the

balance due will be paid when the fee

patent is issued.

§ 152.29 Can the Secretary reject bids or

disapprove a sale?

Yes. The Secretary reserves the right

to reject any and all bids before or after

the award or prior to the issuance of a

patent or delivery of a deed, when it has

been determined the rejection is in the

best interests of the Indian owner.

§ 152.30 Can employees of Indian Affairs

bid?

No. No person employed in Indian

Affairs will directly or indirectly bid,

make, or prepare any bid, or assist any

bidder in preparing his bid. Sales

between Indians, either of whom is an

employee of the U.S. Government, are

governed by the provisions of part 140

of this chapter (see 25 U.S.C. 68 and

441).

§ 152.31 Who pays for the cost of

conveyance and fees?

(a) Under the Act of February 14, 1920

(41 Stat. 415), as amended by the Act of

March 1, 1933 (47 Stat. 1417; 25 U.S.C.

413), the Secretary may collect from a

purchaser reasonable fees for work

performed or expense incurred in the

transaction. The amount collected will

be deposited to the credit of the United

States as general fund receipts, except as

stated in paragraph (b) of the section.

(1) The amount of the fee will be

$22.50 for each transaction.

(2) We may waive or reduce the fee to

a lesser amount if justified.

(b) Subject to our approval, an

alternate schedule of fees may be

established if the cost of the work

performed or expenses incurred are to

be paid with tribal funds. Part of the

fees may be credited to the tribe if

appropriate.

(c) The collection of cost from the

tribe may be waived if the tribe is the

purchaser.

§ 152.32 Who pays irrigation fees and

payments?

Under the Act of July 1, 1932 (47 Stat.

564; 25 U.S.C. 386a), collection of all

construction costs against any Indianowned lands within Indian irrigation

projects is deferred as long as Indian

title has not been extinguished. This

statute applies only where the land is

owned by Indians either in trust or

restricted status.

(a) Any person, whether Indian or

non-Indian, acquiring Indian lands that

are a part of an Indian Irrigation project

must enter into an agreement to:

(1) Pay the pro rata share of the

construction of the project chargeable to

the land;

(2) Pay all construction costs that

accrue in the future; and

(3) Pay all future charges assessable to

the land which are based on the annual

cost of operation and maintenance of

the irrigation system.

(b) Any operation and maintenance

charges that are delinquent when Indian

land is sold will be deducted from the

proceeds of sale unless other acceptable

arrangements are made to provide for

the payment prior to the approval of the

sale.

(c) A lien clause covering all unpaid

irrigation construction costs, past and

future, will be inserted in the patent or

other instrument of conveyance issued

to all purchasers of restricted or trust

lands that are under an Indian irrigation

project.

Partitions in Kind of Inherited

Allotments

§ 152.33 Can I partition my Indian lands?

(a) Land may be partitioned without

an application if we find that any one

or more inherited trust allotments are

capable of partition in kind to the

advantage of the heirs regardless of their

competency. Patents in fee will be

issued to the competent heirs for the

lands set apart to them. The trust period

will terminate in accordance with the

terms of the original patent or order of

extension of the trust period set out in

the patent. (Act of May 18, 1916, (39

Stat. 127; 25 U.S.C. 378)). The authority

contained in the Act of May 18, 1916,

does not apply to lands authorized to be

sold by the Act of May 14, 1948, nor to

land held in restricted fee status.

(b) Heirs of a deceased allottee may

submit a written application on an

approved form for a partition of their

trust or restricted land. If we approve

the partition, new patents or deeds will

be issued to the heirs for the portions set

aside to them. If title to the allotment is

held as restricted fee, a partition may be

accomplished by the heirs executing

approved deeds to the other heirs for

their respective portions.

Mortgages and Deeds of Trust To

Secure Loans to Indians

§ 152.34 Can I mortgage my land?

Yes. With the Secretary’s approval,

you may execute a mortgage or deed of

trust to your land. The Secretary will

secure appraisal information prior to

approval of the mortgage or deed of

trust. Such lands will be subject to

foreclosure or sale, according to the

terms of the mortgage or deed of trust,

and in accordance with the laws of the

State in which the lands are located. For

the purpose of foreclosure or sale

proceedings under this section, you will

be regarded as vested with unrestricted

fee simple title to the lands (Act of

March 29, 1956) (70 Stat. 62; 25 U.S.C.

483a).
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34405

§ 152.35 Can I make a sale on a deferred

payment plan?

Yes, when you and purchaser desire.

The terms will be set out in a

memorandum of sale which constitutes

a contract for payment in full and

delivery of title. The executed deed will

be held by the superintendent to be

delivered only upon full compliance

with the terms of sale. Request for fee

patent will be made only upon full

compliance with the terms of the sale.

As required by the Act of June 25, 1910

(36 Stat. 855), as amended (25 U.S.C.

372); the terms of the sale will require

the purchaser to pay not less than 10

percent of the purchase price in

advance. Terms for the payment of the

remaining installment, plus interest,

must be acceptable to the Secretary and

the Indian owner. If the purchaser

defaults on any deferred payment plan

in the first or subsequent payments, all

payments, including interest, previously

made will be forfeited to the Indian

owner.

Denials of Applications

§ 152.36 When does the Secretary deny

approval of my application?

The Secretary denies any request

under this part if a determination shows

that it will adversely affect the best

interest of other Indians, or the tribe.

§ 152.37 Am I notified of a denial?

Yes, the Secretary makes denials in a

written letter. You have the right to

appeal the decision under part 2 of this

chapter.

Receiving Information

§ 152.38 Who receives information

regarding status of applications for patents

in fee, certificates of competency, or orders

removing restrictions of trust or restricted

Indian lands?

(a) The status of applications by

Indians for patents in fee, certificates of

competency, or orders removing

restrictions must be disclosed to:

(1) Employees of the Department of

the Interior whose duties require that

the information be disclosed to them;

(2) The applicant or his attorney,

upon request;

(3) Members of Congress on behalf of

the applicant; and

(4) Owners of trust or restricted land

whose property would be affected by

the termination of trust or restricted

status of the land covered by the

application.

(b) All other persons, upon request

and only after a patent in fee, certificate

of competency, or an order removing

restrictions has been issued, according

to the following timeframes:

(1) 15 days after the fee patent has

been issued by the Bureau of Land

Management;

(2) 15 days after issuance of a

certificate of competency or order

removing restrictions; or

(3) After the application has been

rejected, and you have been notified.

Dated: June 10, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–16037 Filed 7–1–96; 8:45 am]

BILLING CODE 4310–02–M

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

29 CFR Chapter XIV

Older Workers Benefit Protection Act

of 1990 (OWBPA)

AGENCY: Equal Employment

Opportunity Commission (EEOC).

ACTION: Sixth Meeting of Negotiated

Rulemaking Advisory Committee.

SUMMARY: EEOC announces the dates of

the sixth meeting of the ‘‘Negotiated

Rulemaking Advisory Committee for

Regulatory Guidance on Unsupervised

Waivers of Rights and Claims under the

Age Discrimination in Employment

Act’’ (the Committee). A Notice of Intent

to form the Committee was published in

the Federal Register on August 31,

1995, 60 FR 45388, and a Notice of

Establishment of the Committee was

published in the Federal Register on

October 20, 1995, 60 FR 54207.

DATES: The sixth meeting will be held

on July 23–24, 1996, beginning at 10:00

a.m. on July 23. It is anticipated that the

meeting will last for two days. The

session of July 24, 1996 will commence

at 9:00 a.m.

ADDRESSES: The meeting will be held at

the EEOC Headquarters, 1801 L Street,

N.W., Washington, D.C. 20507.

FOR FURTHER INFORMATION CONTACT:

Joseph N. Cleary, Paul E. Boymel, or

John K. Light, ADEA Division, Office of

Legal Counsel, EEOC, 1801 L Street,

N.W., Washington, D.C. 20507, (202)

663–4692.

SUPPLEMENTARY INFORMATION: All

Committee meetings, including the

meeting of July 23–24, will be open to

the public. Any member of the public

may submit written comments for the

Committee’s consideration, and may be

permitted to speak at the meeting if time

permits. In addition, all Committee

documents and minutes will be

available for public inspection in

EEOC’s Library (6th floor of the EEOC

Headquarters).

Persons who need assistance to

review the comments will be provided

with appropriate aids such as readers or

print magnifiers. To schedule an

appointment call (202) 663–4630

(voice), (202) 663–4630 (TDD). Copies of

this notice are available in the following

alternate formats: large print, braille,

electronic file on computer disk, and

audio tape. Copies may be obtained

from the Office of Equal Employment

Opportunity by calling (202) 663–4395

(voice), (202) 663–4399 (TDD).

Purpose of Meeting/Summary of

Agenda

At the meeting, the Committee will

continue to discuss the unsupervised

waiver legal issues that will be

considered by the Committee in drafting

a recommended notice of proposed

rulemaking for EEOC approval.

Dated: June 25, 1996

Frances M. Hart,

Executive Officer.

[FR Doc. 96–16758 Filed 7–1–96; 8:45 am]

BILLING CODE 6570–06–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Chapter I

Implementation of the Local

Competition Provisions of 1996

Telecommunications Act

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; extension of

comment date.

SUMMARY: The Public Notice extends an

additional Comment opportunity in CC

Docket 96–98 in order to allow parties

to that proceeding to comment on a

staff-prepared working copy of an

industry demand and supply simulation

model. The model, using publiclyavailable, industry-wide information,

allows users to simulate the relative

impact of particular changes in the

industry.

DATES: Comments are due on or before

July 8, 1996. (No reply comments

allowed).

ADDRESSES: Federal Communications

Commission, 1919 M Street, N.W.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Thomas J. Beers at (202) 418–0952.

SUPPLEMENTARY INFORMATION:

[DA 96–1030; IAD 96–176]