3452 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

2. Review of a Department of Energy

remedial order:

Amount in controversy

$0–9,999. (18 CFR 381.303(b)): $100.

$10,000–29,999. (18 CFR 381.303(b)): $600.

$30,000 or more. (18 CFR 381.303(a)):

$23,010.

3. Review of a Department of Energy denial

of adjustment:

Amount in controversy

$0–9,999. (18 CFR 381.304(b)): $100.

$10,000–29,999. (18 CFR 381.304(b)): $600.

$30,000 or more. (18 CFR 381.304(a)):

$12,060.

4. Written legal interpretations by the

Office of General Counsel. (18 CFR

381.305(a)): $4,520.

Fees Applicable to Natural Gas Pipelines

1. Pipeline certificate applications

pursuant to 18 CFR 284.22. (18 CFR

381.207(b)): $1,000.

Fees Applicable to Cogenerators and Small

Power Producers

1. Certification of qualifying status as a

small power production facility. (18 CFR

381.505(a)): $13,550.

2. Certification of qualifying status as a

cogeneration facility. (18 CFR 381.505(a)):

$15,340.

3. Applications for exempt wholesale

generator status. (18 CFR 381.801): $1,310.

List of Subjects in 18 CFR Part 381

Electric power plants, Electric

utilities, Natural gas, Reporting and

recordkeeping requirements.

Thomas R. Herlihy,

Executive Director and Chief Financial

Officer.

In consideration of the foregoing, the

Commission amends Part 381, Chapter I,

Title 18, Code of Federal Regulations, as

set forth below.

PART 381—FEES

1. The authority citation for Part 381

continues to read as follows:

Authority: 15 U.S.C. 717–717w; 16 U.S.C.

791–828c, 2601–2645; 31 U.S.C. 9701; 42

U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App.

U.S.C. 1–85.

§ 381.302 [Amended]

2. In § 381.302, paragraph (a) is

amended by removing ‘‘$14,710’’ and

inserting ‘‘$15,760’’ in its place.

§ 381.303 [Amended]

3. In § 381.303, paragraph (a) is

amended by removing ‘‘$21,470’’ and

inserting ‘‘$23,010’’ in its place.

§ 381.304 [Amended]

4. In § 381.304, paragraph (a) is

amended by removing ‘‘$11,260’’ and

inserting ‘‘$12,060’’ in its place.

§ 381.305 [Amended]

5. In § 381.305, paragraph (a) is

amended by removing ‘‘$4,220’’ and

inserting ‘‘$4,520’’ in its place.

§ 381.403 [Amended]

6. Section 381.403 is amended by

removing ‘‘$7,320’’ and inserting

‘‘$7,840’’ in its place.

§ 381.505 [Amended]

7. In § 381.505, paragraph (a) is

amended by removing ‘‘$12,650’’ and

inserting ‘‘$13,550’’ in its place and by

removing ‘‘$14,320’’ and inserting

‘‘$15,340’’ in its place.

§ 381.801 [Amended]

8. Section 381.801 is amended by

removing ‘‘$1,530’’ and inserting

‘‘$1,310’’ in its place.

[FR Doc. 01–1149 Filed 1–12–01; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 151

RIN 1076–AD90

Acquisition of Title to Land in Trust

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Final rule.

SUMMARY: This rule revises and clarifies

the procedures used by Indian tribes

and individuals to request the Secretary

of the Interior to acquire title to land

into trust on their behalf. It describes

the criteria that the Secretary will use in

determining whether to exercise his or

her authority to accept title to land to

be held in trust for the benefit of Indian

tribes and individuals. This rule also

describes the procedure for mandatory

acquisitions of title and establishes a

process to address the difficulties

encountered by Indian tribes which

have no reservation, have no trust land

or have trust land the character of which

renders it incapable of being developed.

DATES: Effective February 15, 2001.

FOR FURTHER INFORMATION CONTACT:

Questions concerning this rule should

be directed to: Terry Virden, Director,

Office of Trust Responsibilities, Mail

Stop: 4513–MIB, 1849 C Street NW.,

Washington, DC 20240; telephone: 202–

208–5831; electronic mail:

TerryVirden@BIA.GOV.

SUPPLEMENTARY INFORMATION: The

regulation makes more clear the process

that is followed by the Secretary in the

exercise of this discretionary authority.

The regulation also makes clear that we

will follow a process which reflects (1)

a presumption in favor of the

acquisition of trust title when an

application involves title to lands

located inside the boundaries of a

reservation (‘‘on-reservation lands’’),

and (2) a more demanding standard for

the acquisition of title when the

application involves title to lands

located outside the boundaries of a

reservation (‘‘off-reservation lands’’).

The delineation of these differing

processes will better enable the

Secretary to carry out the responsibility

for assisting Indian tribes in reestablishing jurisdiction over land

located within their own reservations. It

also creates a framework that more

adequately addresses concerns nonIndian governments may have about the

potential ramifications of placing offreservation lands into trust.

This regulation also describes the

procedure for mandatory acquisitions of

title. The general statutory authority

giving the Secretary discretion to

acquire title to lands in trust is found in

section 5 of the Indian Reorganization

Act (IRA) of 1934, 25 U.S.C. 465.

Occasionally, Congress enacts more

narrow legislation granting the Secretary

discretionary authority to acquire title to

land into trust for some specific

purpose. Acquisitions of trust title

under the IRA and other more narrow

statutes that grant discretionary

authority to the Secretary are referred to

as ‘‘discretionary acquisitions’’ of title.

Mandatory acquisitions of title are those

that Congress has directed the Secretary

to complete by removing any discretion

in the administrative decision making

process. The processing of these

mandated acquisitions has not always

been well-understood. The rule

identifies the types of acquisitions that

we consider mandatory and defines the

process by which we acquire the title.

Finally, this regulation establishes a

process to address the unique

difficulties encountered by Indian tribes

which have no reservations, have no

trust land or have trust land the

character of which renders it incapable

of being developed. The process enables

such tribes to designate a ‘‘Tribal Land

Acquisition Area’’ (TLAA) in which it

plans to acquire land. The TLAA

requires approval of the Secretary and,

when approved, will enable the tribe to

acquire title to the lands within the

TLAA into trust under the onreservation provision of this regulation

for a prescribed period of time.

On April 12, 1999, the proposed rule

for the acquisition of title to land in

trust was published in the Federal

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3453

Register (Vol. 64, No. 69, pages 17574–

17588). The initial deadline for receipt

of comments was July 12, 1999, but

extensions to the comment period were

granted to allow additional time for

comments on the proposed rule. The

comment period expired on December

29, 1999. Comments were received from

a wide variety of Indian tribes and

individuals, tribal groups, local and

state governments and other interested

groups and individuals. The

development of this final rule making

was achieved through formal

consultation on the record with affected

tribal governments. A panel discussion

meeting with federal, state and local

governments, Indian tribes and various

organizations was held in Washington,

DC in May, 1999. Panel members

included persons from California Indian

Lands Office, attorneys representing

various tribal and municipal clients,

Minority Staff Director and Counsel of

House Resources Committee for Indian

Affairs, Majority Staff Director of Senate

Committee on Indian Affairs, two tribal

chairpersons, Deputy Attorney General

of South Dakota and National

Association of Convenience Stores. In

addition, in accordance with the

government-to-government relationship

with Indian tribes, formal consultations

were held throughout the United States

during the comment period to explain

and provide interested parties with an

opportunity to understand and

comment on the final rule. Five

nationwide consultation meetings with

Indian tribes and individuals were

conducted during the comment period.

These meetings were held in

Albuquerque, New Mexico in May 1999;

St. Paul, Minnesota in May 1999;

Sacramento, California in June 1999;

Mesa, Arizona in June 1999 and

Portland, Oregon in August 1999. In

total, comments were received from 342

Indian tribes, 335 individuals, 65 state

and local governments, 9 congressional

offices and 7 federal agencies. Tribal

participation was also achieved by

consultation with the National Congress

of American Indians (NCAI) for its

member tribes. NCAI established a

working group to assist in the

development of the comments on the

proposed regulations.

This notice is published in exercise of

the authority delegated by the Secretary

of the Interior to the Assistant

Secretary—Indian Affairs pursuant to

Part 290, Chapter 8, of the Departmental

Manual.

Summary of Regulations and

Comments Received

The following narrative and

discussion of comments is keyed to

specific subparts of the rule.

Subpart A—Purpose, Definitions,

General

Summary of Subpart

This subpart addresses the purpose

and scope of the regulation and

provides interpretation for the key terms

of the regulation. Subpart A also

addresses the types of transactions

affecting this regulation, how to apply to

have title to land placed in trust, how

requests are processed, what occurs

after a decision is made on a request,

when title to land attains trust status

and the taking of fractional interests of

land into trust.

Comments

Comments were received regarding

the implementation of the proposed

regulation, with some comments

requesting that the rule be withdrawn.

The suggestion was not accepted

because the Secretary must ensure that

his authority over the acquisition of title

to land into trust is implemented in an

orderly and fair manner.

There were several comments

concerning the definition of

‘‘reservation.’’ One suggestion was that

term the ‘‘reservation’’ should be

defined the same as the statutory term

‘‘Indian country.’’ Another suggestion

was that the definition of ‘‘reservation’’

should remain the same as in the

existing regulation. Other comments

suggested that ‘‘reservation’’ include a

provision for Pueblo grant lands, others

suggested that it include hunting and

fishing treaty areas. The comments were

duly considered and accepted to clarify

that Pueblo lands within the exterior

boundaries of lands granted or

confirmed to, or acquired by, the Pueblo

as reported by the Pueblo Lands Board

under section 2 of the Act of June 7,

1924, ch. 331, 43 Stat. 636, plus any

other lands reserved, set aside, or held

in trust by the United States for the use

of the Pueblo or its members are

reservation lands for purposes of this

regulation. Also, the term ‘‘reservation’’

is clarified to include lands created by

federal agreement, Secretarial

proclamation or final judicial

determination. Further, the term

‘‘reservation’’ is clarified to include

lands established by Executive or

Secretarial proclamation in the State of

Oklahoma. These changes to the

definition of reservation appear in

§ 151.2 of the rule.

There were many comments

suggesting that lands contiguous to a

reservation should be treated as onreservation acquisitions. To define

contiguous lands as on-reservation

lands would enable applicants to use

the less burdensome process which

reflects a presumption in favor of the

acquisition of trust title to onreservation lands. The comments were

considered but rejected and the rule

remains as proposed that land(s)

contiguous to reservation land will be

treated as off-reservation acquisitions

for purposes of this regulation, although

because of their proximity to an existing

reservation, the tribe will receive more

favorable consideration than if the lands

were more remote.

There were several comments

regarding the type of acquisition

transactions covered by the regulation.

Comments suggested that only those

acquisitions of title from fee simple to

trust or restricted fee to trust or

exchanges involving fee simple to trust

should be governed by this regulation.

The proposed rule included trust to

trust, restricted fee to restricted fee,

restricted fee to trust and land exchange

acquisitions. The comments have been

accepted and the rule is amended in

§ 151.3 to provide that the requirements

of the rule only apply to conveyances

from fee simple to trust, fee simple to

restricted fee and land exchanges

involving fee simple land. The rationale

for excluding the other types of

acquisitions from the regulation is that

trust to trust and restricted fee to

restricted fee, restricted fee to trust and

land exchanges not involving fee land

do not have an impact on the local

governments because these lands are not

already under their jurisdiction. We

accepted the comments and have

revised § 151.3(b) of the regulation to

exclude these transfers.

There were comments suggesting that

the final rule should establish special

treatment for government-to-government

trust transfers, because these lands

already are exempt from local taxation

and jurisdiction and because the federal

transfer process involves similar criteria

as the Part 151 process, and requiring

another regulatory review would be

duplicative and burdensome. These

comments were accepted and § 151.3(b)

has been amended to exempt federal

agency transfers of title of land from one

federal agency to the BIA or tribe.

There were numerous comments

suggesting that a time frame should be

established for issuance of a decision to

accept title to land in trust. The

comments were accepted and the rule

amended to provide that the applicant

will be notified when an application is

3454 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

complete. Once an applicant is notified

that their application is complete, the

BIA will issue a decision on the request

within 120 working days. Subsection (f)

has been added to § 151.5 to reflect this

change.

There were several comments seeking

clarification regarding the treatment of

applications that are pending when the

regulation becomes final. The comments

were considered and the regulation now

provides a definition of ‘‘Complete

application’’ in § 151.2. A new

subsection (e) is added to § 151.5 that

establishes the standard for a request to

be considered a complete application.

Applications that satisfy the definition

of complete application at the time this

rule becomes final, will be processed

under the previous rule. If it is

determined that an application is not

complete at the time the rule becomes

final, the application will be processed

in accordance with the requirements of

this rule.

There were several comments

concerning the authority to take land

into trust in Alaska. The preamble to the

proposed rule addressed in some detail

the question of whether to continue the

bar in the existing regulations to the

acquisition of trust title in land in

Alaska (other than for the Metlakatla

Indian Community or its members). See

64 FR 17577–78 (1999). As the

discussion there indicated, the

Department had earlier received, and

invited public comment on (See 60 FR

1956(1995)), a petition by Native groups

in Alaska which requested that the

Department initiate a rulemaking to

remove the prohibition in the

regulations on taking Alaska land in

trust. That discussion also noted that

the Associate Solicitor for Indian Affairs

had concluded, in a brief September 15,

1978 Opinion, that the Alaska Native

Claims Settlement Act (ANSCA)

precluded the Secretary from taking

land into trust for Natives in Alaska

(except for Metlakatla).

The Solicitor has considered the

comments and legal arguments

submitted by Alaska Native

governments and groups and by the

State of Alaska and two leaders of the

Alaska State Legislature on whether the

1978 Opinion accurately states the law.

The Solicitor has concluded that there

is substantial doubt about the validity of

the conclusion reached in the 1978

Opinion. Among other things, the

Associate Solicitor found ‘‘significant’’

that in 1976 Congress repealed section

2 of the Indian Reorganization Act

(IRA). That section had extended certain

provisions of the IRA to Alaska, and had

given the Secretary the authority to

designate certain lands in Alaska as

Indian reservations. See 43 U.S.C.

704(a), 90 Stat. 2743, repealing 49 Stat.

1250, 25 U.S.C. 496. The 1978 Opinion

gave little weight to the fact that

Congress has not repealed section 5 of

the IRA, which is the generic authority

by which the Secretary takes Indian

land into trust, and which Congress

expressly extended to Alaska in 1936.

See 25 U.S.C. 473a. The failure of

Congress to repeal that section, when it

was repealing others affecting Indian

status in Alaska, five years after

Congress enacted the Alaska Native

Claims Settlement Act, raises a serious

question as to whether the authority to

take land in trust in Alaska still exists.

Accordingly, the Solicitor has signed a

brief memorandum rescinding the 1978

Opinion.

At the same time, the position of the

Department has long been, as a matter

of law and policy, that Alaska Native

lands ought not to be taken in trust.

Therefore, the Department has

determined that the prohibition in the

existing regulations on taking Alaska

lands into trust (other than Metlakatla)

ought to remain in place for a period of

three years during which time the

Department will consider the legal and

policy issues involved in determining

whether the Department ought to

remove the prohibition on taking Alaska

lands into trust. If the Department

determines that the prohibition on

taking lands into trust in Alaska should

be lifted, notice and comment will be

provided.

Subpart B—Discretionary Acquisitions

of Title On-Reservation

Summary of Subpart

This subpart describes the

information that must be included in a

request involving land located inside a

reservation boundary or an approved

TLAA. This subpart also establishes the

criteria that will be used to evaluate

requests for the acquisition of title to

lands located inside the reservation or

an approved TLAA. Further, this

subpart defines the consent needed of

the recognized governing body when an

Indian tribe or individual acquires land

inside another tribe’s reservation or

approved TLAA.

Comments

One comment suggested that the

regulation require applicants to address

potential impacts to local governments

when the land being acquired is located

on-reservation. The comment was

rejected because state and local

governments already are invited to

submit comments on a proposed

acquisition and may address such

impacts in their comments. One

comment suggested that the final rule

clarify the distinction between onreservation and off-reservation land. We

believe the regulation already clearly

defines the terms of ‘‘reservation’’ and

‘‘TLAA’’ which are used for onreservation acquisitions. There were a

few comments concerning appropriate

land use of a proposed acquisition.

Comments suggested that the rule

should require clarification of

anticipated future uses after acquisition

in trust, describe how appropriate use

will be enforced and propose strict

criteria for future uses of the land. These

comments were rejected because the

IRA allows Indian tribes to manage and

control their lands in accordance with

tribal policy. Therefore, the regulation

provides that anticipated future uses are

those identified that are reasonably

foreseeable and achievable. There were

a few comments suggesting that the

regulation should allow acquisitions for

cultural, religious, or ceremonial uses.

The proposed regulation continues the

existing practice of accepting

applications for the acquisition of title

to lands in trust for these purposes.

There were comments suggesting that

the Secretary more thoroughly consider

the impact on the state and local

governments by the taking of title to

land into trust, loss of tax revenue, and

that he resolve jurisdictional issues and

impact to municipal and local services

prior to deciding to take land into trust.

The regulation provides state and local

governments with the opportunity to

comment on potential impacts of the

proposed acquisition, and the Secretary

may fully consider the potential impacts

prior to making a decision to take title

to land into trust.

There were numerous comments

suggesting that the final rule should

require objective standards for the

Secretary to use in making decisions to

take on-reservation land into trust. The

comments were accepted and the

regulation has been amended to provide

clearer standards to evaluate onreservation requests. Section 151.10 is

amended to provide that once an

application is complete, we will accept

title to land into trust on-reservation or

inside a TLAA if the application

facilitates tribal self-determination,

economic development, Indian housing,

land consolidation or natural resource

protection. We will deny applications to

accept on-reservation lands in trust if

the acquisition will result in severe

negative impact to the environment or

severe harm to the local government.

Evidence of such harm must be clear

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3455

and demonstrable and supported in the

record.

There were several comments

suggesting that the rule should

encourage tribes to make payments in

lieu of taxes. These comments were

rejected. While it is the Department’s

policy to encourage tribes to work with

local communities, the decision to

consider in lieu contributions to the

local governments is a matter for the

tribe, not the United States. A few

comments suggested that applicants not

be required to provide an explanation or

reason for the need for the trust

acquisition. The comments stating that

no documentation need be submitted

were rejected because the information is

needed by the Secretary in order to

make an informed and supportable

decision. Under the final rule, there is

a presumption in favor of accepting land

into trust for on-reservation acquisitions

but the Secretary still requires basic

information in order to make his

determination. One comment suggested

that the regulation should include an

economic analysis of the intended use

of the property. The comment was

rejected because the Secretary must

consider many factors in the decision

making process, and the decision as to

the economics of the tribal use of land

is for the tribe to resolve, not the

Secretary.

Subpart C—Discretionary Acquisitions

Off-Reservation

Summary of Subpart

This subpart describes the

information that must be included in an

off-reservation request, that is, involving

land located outside a reservation or

TLAA. This subpart also sets forth the

criteria that will be used to evaluate an

off-reservation request. Further, this

subpart establishes exceptions to the

prohibition for individual Indians

acquiring land that is located outside an

individual Indian’s reservation.

Comments

One comment suggested that the

Department should recognize the

benefits of off-reservation acquisitions.

We agree. The Department has always,

and continues to recognize such

benefits. There were comments

suggesting that the notification

requirement as well as the public

comment period be expanded. We

believe the regulation provides adequate

notification and comment periods.

There were several comments

suggesting that the regulation limit offreservation acquisitions in a number of

ways, such as treating disputed lands as

off-reservation, limiting off-reservation

acquisitions to former tribal lands, not

allowing off-reservation trust

acquisitions, securing Congressional

approval for off-reservation acquisitions

and creating a presumption against trust

status for off-reservation lands. We

believe these approaches are

inconsistent with the Secretary’s

responsibilities under existing laws and

the IRA. Affected parties are given the

opportunity to comment on these

proposed off-reservation acquisitions

and such comments are thoughtfully

considered in the decision-making

process. There were numerous

comments suggesting that the final rule

should require objective standards for

the Secretary to use in making decisions

to take off-reservation land into trust.

The comments were accepted and

§ 151.14 has been amended to provide

clear standards to evaluate offreservation requests. Once an

application is complete, we will accept

title to land in trust outside a

reservation or outside an approved

TLAA only if the application shows that

the acquisition is necessary to facilitate

tribal self-determination, economic

development, Indian housing, land

consolidation or natural resource

protection and that meaningful benefits

to the tribe outweigh any demonstrable

harm to the local community.

Furthermore, we will not accept title to

land in trust outside a reservation or

outside an approved TLAA if the

acquisition would result in severe

negative impacts to the environment or

significant harm to the local

community. Evidence of the harm must

be clear and demonstrable and

supported in the record.

Subpart D—Mandatory Acquisitions of

Title

Summary of Subpart

This subpart describes the

information that is required to process

a mandatory transfer of title to trust and

how the request will be processed.

Further, this subpart provides for an

appeal of a determination that an

acquisition is mandatory.

Comments

One comment suggested that the

Department should treat an acquisition

as mandatory only if Congress has

mandated the Secretary to accept title to

specific tracts of land. This comment

was rejected because the Department

cannot administratively limit Congress’

authority to direct the Department to

accept land into trust, and there clearly

have been situations in which Congress

has directed the Secretary to acquire

land into trust, but does not specify

clearly the parcel or parcels of land to

be acquired. There were a few

comments suggesting that the Secretary

should view lands acquired under

certain specific statutes as mandatory

acquisitions. These comments were

rejected as each mandatory acquisition

must be reviewed on a case-by-case

basis. Several comments were received

that suggested that the term

‘‘mandatory’’ acquisition should be

broadened to include ‘‘on-reservation’’

acquisitions, permit mandatory

acquisition for the first 150,000 acres of

land and make mandatory the

acquisition of title to land in approved

TLAAs. These suggestions were rejected

since only Congress has the authority to

mandate an acquisition and the

Secretary cannot mandate acquisitions

through these regulations. Each

determination of whether an acquisition

is mandatory or not must be made on a

case-by-case basis, based on specific

statutory direction provided by

Congress.

One comment suggests that applicants

should be permitted to file an appeal of

a determination on whether or not an

acquisition is mandatory. The comment

is accepted and section § 151.16 has

been amended to reflect that denials or

approvals of a determination that an

acquisition is mandatory may be

appealed under the provisions of part 2.

One comment suggested that the appeal

process outlined in 25 CFR part 900 be

used. This comment was rejected as part

900 applies to contracts issued under

the Indian Self-Determination and

Education Assistance Act, 25 U.S.C. 450

et. seq., and, thus, is inapplicable to the

provisions of this rule.

There were a couple of comments

suggesting that the Department of

Justice title evidence standards should

not apply to on-reservation gifts of

lands, nor should the warranty deed

requirement apply when tribes have

purchased land through a quit claim

deed and the title is accompanied by

title insurance. These suggestions were

rejected as the standards imposed by the

Department of Justice must be met for

the United States to acquire land into

trust for a tribe or individual Indian.

Subpart E—Tribal Land Acquisition

Areas

Summary of Subpart

The subpart defines a TLAA,

describes the information that must be

included in a request for approval of a

TLAA, describes how the request will

be processed, identifies the criteria that

will be used to evaluate requests and

describes how to apply to modify an

approved TLAA. This subpart also

3456 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

clarifies under what circumstances an

Indian tribe can include in its TLAA

land located inside another Indian

tribe’s reservation or TLAA. Further,

this subpart establishes that an Indian

tribe is not prohibited from acquiring

land off-reservation if its request for a

TLAA is denied. Lastly, this subpart

clarifies that land acquired within an

approved TLAA does not automatically

attain reservation status.

Federal policy has for many decades

viewed the existence of a tribal land

base as integral to the cultural, political,

and economic well-being of Indian

tribes. Because of the overwhelming

importance of a tribal land base, this

rule facilitates acquisitions by landless

Indian tribes. The process to address

these situations is the use of a TLAA.

Upon approval of a TLAA by the

Secretary, tribes will be able to benefit

from the on-reservation acquisition

provisions to create a homeland, and

strive for tribal self-determination and

economic self-sufficiency.

Comments

Several comments suggested that the

final rule should be expanded to

include not just reservation-less tribes

but also Indian tribes which do not have

trust land or which have a trust land

base of which is incapable of being

developed to create a homeland and

strive for tribal self-determination and

economic self-sufficiency. The

comments were accepted and the

definition of a TLAA at § 151.17 is

amended to include Indian tribes that

have no trust land or have trust land the

character of which renders it incapable

of being developed to take advantage of

the TLAA. A new § 151.18 was added to

make more clear what tribes are eligible

to apply for a TLAA. One comment

suggested that existing tribal

consolidation areas approved pursuant

to the current acquisition regulation

should be grand-fathered and treated as

a TLAA while another comment

suggested that the rule should clarify

whether or not tribes with existing

approved tribal consolidation areas

must reapply under the final rule for a

TLAA. While this final rule eliminates

the ability of tribes to obtain tribal

consolidation areas as provided under

the existing regulation, this rule

provides an alternative mechanism in

the form of a TLAA. Tribal

consolidation areas approved under the

existing regulation will remain in force

and effect for the purposes for which

they were approved, but such tribal

consolidation areas are not deemed to

constitute a TLAA under these

regulations. In the event a tribe wants to

amend or modify an existing approved

tribal consolidation area to include the

provisions of a TLAA, the proposed

amendment or modification must be

reviewed under the requirements of

approval for a TLAA under the final

rule. One comment suggested that

TLAA receive congressional approval.

We believe that the Secretary has the

authority, and indeed the responsibility

to prescribe procedures to fulfill the

purposes of the IRA.

There were comments expressing the

views that tribes should not be required

to submit documentation that was

different from that required for

discretionary acquisitions; information

documenting the history of the tribe,

and information about the tribe; such as

taxes, revenues and services; or other

information that was viewed as

impractical, unwarranted, or imposes a

financial burden or is not readily

available. We believe the information

required under the final rule is

reasonable, necessary, relevant to the

decision making process and not

burdensome upon the applicant as it

may be readily obtained from existing

sources. Further, the information is

consistent with the kinds of information

requested by applicants seeking offreservation acquisitions. One comment

suggested that the rule should clarify

the requirements for notifying other

governmental entities. We believe the

rule provides sufficient notice

requirements. One comment suggested

that the 50-mile radius for notice be reevaluated. The comment was rejected

because the defined radius is considered

a reasonable area that could be impacted

by a trust acquisition and will provide

sufficient notice to others.

There were a few comments

concerning the 10 year term for an

approved TLAA. The comments

suggested that 10 years was an

insufficient amount of time to acquire

lands within the TLAA due the

requirements for completing and

securing approval to an acquisition. The

comments were accepted and § 151.17 is

amended to provide for a 25-year term

for a TLAA.

There were several comments

concerning the establishment of criteria

or standards for evaluating requests for

the approval of a TLAA. We believe that

the regulation provides clear criteria for

the Secretary to use in determining

whether to approve a tribe’s request for

a TLAA. The criteria used for approving

a TLAA is separate and distinct from the

criteria and standards used to evaluate

an on-or off-reservation acquisition

request. Once a TLAA is approved by

the Secretary, the on-reservation criteria

will be used to determine whether to

accept the title to land in trust. One

comment suggested that a formal appeal

process should be established when a

request for a TLAA is denied. Section

151.6(a) sets out the process for the

appeal of a decision under this part.

One comment suggested that tribal trust

land should be equivalent to reservation

status. The comment was rejected

because it was not within the scope of

this rule and is governed by principles

of Indian law. One comment suggested

that the rule should clearly define a

streamlined process for modification of

approved tribal consolidation areas. The

comment was rejected because the final

rule establishes the criteria for the

TLAA and eliminates the process to

obtain a tribal consolidation area.

Approved tribal consolidation areas,

however, may form the basis for the

development of a TLAA.

Subpart F—False Statements, RecordKeeping, Information Collection

Summary of Subpart

This subpart describes the penalties

for making false statements pertaining to

a request. This subpart also describes

the record keeping and reporting

requirements under this part as well as

the information collection requirements.

Comments

One comment received suggested that

Indian tribes should not be penalized

for making false statements and another

comment suggested the penalty for false

statements should also apply to nonIndians. The first comment was rejected,

and the second deemed already

addressed because the False Statements

Accountability Act of 1996 (18 U.S.C.

1001) applies to all statements

submitted in connection with a trust

title acquisition whether such

statements are made by the applicant or

interested parties. Section 151.27 was

amended to clarify who owns the

records associated with this part and a

new § 151.28 was added to clarify how

records associated with this part will be

preserved.

Clarity of This Regulation

Executive Order 12866 requires each

agency to write regulations that are easy

to understand. This regulation has been

written in a question and answer format,

arranged in a manner to make it easier

to follow, with technical language or

jargon eliminated to make it is easier to

understand.

Regulatory Planning and Review

(Executive Order 12866)

In accordance with the criteria in

Executive Order 12866, this rule is not

a significant regulatory action and is not

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3457

subject to review by the Office of

Management and Budget.

(a) The amendments to this rule

basically conform to the policies and

practices that currently guide the

Department’s decision making on land

into trust applications. The rule does

not have an annual effect of $100

million or more on the economy. It does

not adversely affect in a material way

the economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

governments or communities. This rule

simply identifies a ‘‘minimum

standard’’ of criteria and requirements

to be considered in the exercise of the

Secretary’s discretion to place lands in

trust for individual Indians and tribes.

Looking at the overall picture of how

much land we have taken into trust

historically, the annual number of

requests to place lands in trust has been

small. Based on the BIA’s Annual

Report of Indian Lands for 1996, only 35

States have Indian lands, four of which

have fewer than 1,000 acres of Indian

lands. The 1996 report indicated that

there were 6,941 total applications (feeto-trust; trust-to-trust; restricted-torestricted; restricted-to-trust) involving

212,000 acres cumulatively, i.e., the

average amount of land involved in an

application was only about 30 acres.

Based on the annual caseload report for

FY 1996, the total dollar amount Tribes

and individual Indians paid for

acquisitions of land in trust is

$19,420,303.81. The trust-to-trust,

restricted-fee-to-restricted fee, and

restricted fee-to-trust land acquisitions

do not impact local and state

governments because these lands are not

presently subject to state or local

jurisdiction or taxation. Some States and

local governments may have a decrease

in revenues derived from taxes from the

Secretary’s determination to accept title

to land in trust. However, the loss in

annual revenues for State and local

jurisdictions is only be a fraction of the

value of the land involved. Moreover,

some tribes may choose to offset this

loss by making payments in lieu of

taxes, or supplying services to the local

communities. Finally, any losses or

gains to State or local tax rolls would be

spread over several states and many

local governments. Thus, overall, the

net changes in tax revenues due to this

rule are minimal, and do not

significantly affect State or local

governments.

(b) This rule does not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another Federal agency. Actions taken

by this rule affect tribal or individual

Indian land titles. The Department of

the Interior, Bureau of Indian Affairs is

the only governmental agency that

makes the determination whether to

take land into trust.

(c) This rule does not alter the

budgetary effects or entitlement, grants,

user fees, or loan programs or the rights

or obligations of their recipients. This

rule sets out the criteria and procedures

the Secretary uses in determining

whether to accept title of certain Indian

lands to the United States, as trustee, for

the benefit of an individual Indian or a

tribe.

(d) OMB has determined that this rule

does not raise novel legal or policy

issues and is therefore not subject to

review under Executive Order 12866.

Regulatory Flexibility Act

The Department of the Interior

certifies that this regulation does not

have a significant economic effect on a

substantial number of small entities

under the Regulatory Flexibility Act (5

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

Flexibility analysis is not required. See

our initial analysis above item 1(a)

under Regulatory Planning and Review.

The effect on small entities is minimal.

Small Business Regulatory Enforcement

Fairness Act (SBREFA)

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

See the initial analysis above, item 1(a)

under Regulatory Planning and Review.

This rule:

(a) Does not have an annual effect on

the economy of $100 million or more.

An economic analysis is not required.

(b) Does not cause a major increase in

costs or prices for consumers,

individual industries, Federal, State, or

local government agencies, or

geographic regions. Actions under this

rule only affect title to tribal or

individual Indian owned lands.

(c) Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S.-based enterprises to

compete with foreign-based enterprises.

Actions under this rule only affect title

to tribal or individual Indian owned

lands.

Unfunded Mandates Reform Act

In accordance with the Unfunded

Mandates Reform Act (2 U.S.C. 1531 et

seq.):

(a) The rule does not significantly or

uniquely affect small governments, or

the private sector. A Small Government

Agency Plan is not required. Additional

expenses may be incurred by the

requesting tribe or individual Indian to

provide information to the Secretary.

Tribes or an individual Indian provide

information in order to receive a benefit.

(b) This rule does not produce a

federal mandate of a $100 million or

greater in any year. The overall effect of

this rule is likely not to be significant to

the State, local, or tribal governments or

the private sector.

Takings (Executive Order 12630)

With respect to Executive Order

12630, the rule does not have significant

takings implications. A takings

implication assessment is not required

because actions under this rule do not

constitute a taking. Tribes or individual

Indians are voluntarily transferring title

to the United States for their own

benefit.

Federalism (Executive Order 13123)

With respect to Executive Order

13123, the rule does not have significant

federalism implications to warrant the

preparation of a Federalism Assessment.

The local tax base may be affected.

Actions in this rule apply only to a

relatively small amount of land. Due to

the loss of tax revenue, the relationship

between the State and local

governments with tribes and/or the

Federal Government may be affected.

However, the loss of revenue overall is

likely to be minimal and the vast

majority of the land to be acquired will

likely be within the boundaries of

reservations where there is already a

measure of Indian sovereignty.

Therefore, the effects are ‘‘insignificant’’

within the meaning of Executive Order

13123.

Civil Justice Reform (Executive Order

12988)

With respect to Executive Order

12988, the Office of the Solicitor has

determined that this rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

and 3(b)(2) of the order. This rule

contains no drafting errors or ambiguity

and is written to minimize litigation,

provides clear standards, simplifies

procedures, reduces burden, and is

clearly written. These regulations do not

preempt any statute. They do supersede

the current land acquisition regulations

and the current procedure for

establishing Indian Land Consolidation

Areas. They would not be retroactive

with respect to any land already taken

into trust, but would apply to

applications that are determined not be

complete at the time of final publication

of this rule.

Paperwork Reduction Act

This regulation requires an

information collection from ten or more

3458 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

parties and a submission under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.). The information collection

requirements in §§ 151.9, 151.12,

151.15, 151.19, and 151.28 under 44

U.S.C. 3501 et seq. were submitted to

the Office of Management and Budget

(OMB) for approval. We will publish a

notice in the Federal Register when

OMB approves this collection. This

information is required from Indian

tribes and individual Indians who wish

to convey land into trust status.

Information is collected from Indian

tribes and individuals to support their

request to the Secretary to acquire title

to land in trust for their benefit. The

Secretary uses the information to

evaluate the request and forms the basis

of a decision to accept or deny a request

for the taking of title to land in trust.

The total average annual burden

hours for the collection of information

for the above specified sections of the

regulation is broken down as follows.

Citation 25 CFR 151 Information

Average

number

of hours

Average

number

per year

Annual

burden

hours

151.9 for on-reservation ................. Applicant must submit: ...........................................................................

(a) Copy of authority; ..............................................................................

(b) Explanation of need; .........................................................................

(c) Explanation of ownership status (tribe); ...........................................

(d) Explanation of ownership status (individual); ...................................

(e) Title evidence ....................................................................................

16 850 13,600

(f) Documentation for NEPA—tribe and individual ................................. 40 120 4,800

(f) Documentation for NEPA—tiering ..................................................... 20 200 4,000

151.12 for off-reservation acquisitions.Applicant must submit: ...........................................................................

(a) Copy of authority; ..............................................................................

(b) Explanation of need; .........................................................................

(c) Description of proposed use; ............................................................

(d) Description of location of land; .........................................................

(e) Description of effect on state & political subdivisions; .....................

(f) Description of jurisdictional issues; ....................................................

(g) Title evidence ....................................................................................

56 150 8,400

(h) Documentation for NEPA—tribe provides documentation ............... 40 150 6,000

151.15 for Mandatory acquisitions Applicant must submit: (a) Copy of authority; (b) Title evidence; (c)

Additional information upon request.

.5 69 35

151.19 for Tribal Land Acquisition

Areas (TLAA).

Applicant must submit: ...........................................................................

(a) Copy of authority; ..............................................................................

(b) Copy of tribal documents to establish TLAA; ...................................

(c) Summary of purposes and goals; .....................................................

(d) Summary of tribe’s history; ...............................................................

(e) Description of TLAA; .........................................................................

(f) Location of rights of way; ...................................................................

(g) Description of effect on state and political subdivisions; ..................

(h) Description of jurisdictional and land use issues .............................

96 325 31,200

We invite the public to provide any

comments concerning the accuracy of

the burden estimate and any suggestions

for reducing the burden. Submit

comments to the Bureau of Indian

Affairs, Director, Office of Trust

Responsibilities, 1849 C Street, NW.,

MS–4513–MIB, Washington, DC 20240.

The collection of information is

voluntary in order for an Indian tribe or

individual to obtain a benefit, acquiring

title to land in trust. None of the

solicited information is confidential.

However, if the applicant submits an

application that contains financial

information, it is covered by the Privacy

Act.

A Federal agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number.

National Environmental Policy Act

This rule does not constitute a major

Federal action significantly affecting the

quality of the human environment. A

detailed statement under the National

Environmental Policy Act of 1969 is not

required because this rule is of an

administrative, technical, and

procedural nature.

Government-to-Government

Relationship With Tribes

In accordance with the President’s

memorandum of May 14, 1998,

‘‘Consultation and Coordination with

Indian Tribal Governments’’ (FR Vol.

63, No. 96, Pages 27655–27657) and 512

DM 2, we evaluated any potential effects

upon Federally recognized Indian tribes

and have determined that there are no

potential adverse effects. No action is

taken under this rule unless a tribe or

an individual Indian voluntarily

requests that the United States place

land in trust for their benefit. Tribes

were asked for comments prior to

publication as a final regulation of this

rule and their comments were

considered prior to publication.

List of Subjects in 25 CFR Part 151

Indians—lands, Reporting and

recordkeeping requirements.

Accordingly, the Bureau of Indian

Affairs is revising 25 CFR part 151 to

read as follows:

PART 151—ACQUISITION OF TITLE TO

LAND IN TRUST

Subpart A—Purpose, Definitions, General

Sec.

151.1 What is the purpose of this part?

151.2 How are key terms defined in this

part?

151.3 To what types of transactions does

this part apply?

151.4 How does an individual Indian or a

tribe apply to have title to land conveyed

to the United States in trust?

151.5 How does BIA process a request?

151.6 How does BIA proceed after making

a decision on a request?

151.7 When does the land attain trust

status?

151.8 Will BIA accept and hold in trust an

undivided fractional interest in land for

an individual Indian or a tribe?

Subpart B—Discretionary Acquisitions of

Title On-Reservation

151.9 What information must be provided

in a request involving land inside a

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3459

reservation or inside an approved Tribal

Land Acquisition Area?

151.10 What criteria will BIA use to

evaluate a request involving land inside

a reservation or inside an approved

Tribal Land Acquisition Area?

151.11 Can an individual Indian or a tribe

acquire land inside a reservation or

inside an approved Tribal Land

Acquisition Area of another tribe?

Subpart C—Discretionary Acquisitions of

Title Off-Reservation

151.12 What information must be provided

in a request involving land outside a

reservation or outside a Tribal Land

Acquisition Area?

151.13 Can an individual Indian acquire

land outside his or her own reservation?

151.14 What criteria will BIA use to

evaluate a request involving land outside

a reservation or outside an approved

Tribal Land Acquisition Area?

Subpart D—Mandatory Acquisitions of Title

151.15 What information must be provided

in a request to process a mandatory

transfer of title into trust status, and how

will BIA process the request?

151.16 Can our determination that a

transfer of title into trust status is

mandatory be appealed?

Subpart E—Tribal Land Acquisition Areas

151.17 What is a Tribal Land Acquisition

Area?

151.18 What tribes are eligible to apply for

approval of a Tribal Land Acquisition

Area?

151.19 What must be included in a request

for Secretarial approval of a Tribal Land

Acquisition Area?

151.20 How is a tribal request for

Secretarial approval processed?

151.21 What criteria will BIA use to decide

whether to approve a proposed Tribal

Land Acquisition Area?

151.22 Can a tribe include in its Tribal

Land Acquisition Area land inside

another tribe’s reservation or Tribal Land

Acquisition Area?

151.23 If a Tribal Land Acquisition Area is

not approved, is the tribe prohibited

from acquiring land within it?

151.24 If a Tribal Land Acquisition Area is

approved, does the land taken into trust

within it attain reservation status?

151.25 Can a Tribal Land Acquisition Area

be modified after approval?

Subpart F—False Statements,

Recordkeeping, Information Collection

151.26 What is the penalty for making false

statements in connection with a request

that BIA place land in trust?

151.27 Who owns the records associated

with this part?

151.28 How must a record associated with

this part be preserved?

Authority: R.S. 161: 5 U.S.C. 301. Interpret

or apply 46 Stat. 1106, as amended; 46 Stat.

1471, as amended; 48 Stat. 985, as amended;

49 Stat. 1967, as amended, 53 Stat. 1129; 63

Stat. 605; 69 Stat. 392, as amended; 70 Stat.

290, as amended; 70 Stat. 626; 75 Stat. 505;

77 Stat. 349; 78 Stat. 389; 78 Stat. 747; 82

Stat. 174, as amended; 82 Stat. 884; 84 Stat.

120; 84 Stat. 1874; 86 Stat. 216; 86 Stat. 530;

86 Stat. 744; 88 Stat. 78; 88 Stat. 81; 88 Stat.

1716; 88 Stat. 2203; 88 Stat. 2207; 18 U.S.C.

1001; 25 U.S.C. 2, 9, 409a, 450h, 451, 464,

465, 467, 487, 488, 489, 501, 502, 573, 574,

576, 608, 608a, 610, 610a, 622, 624, 640d-10,

1466, 1495, and other authorizing acts.

Subpart A—Purpose, Definitions,

General

§ 151.1 What is the purpose of this part?

The purpose of this part is to describe

the authorities, policies, and procedures

that we use to decide whether to accept

title to land in the name of the United

States to be held in trust for the benefit

of an individual Indian or a tribe.

§ 151.2 How are key terms defined in this

part?

Alienation means a conveyance or

transfer of title to property.

Bureau means the Bureau of Indian

Affairs within the Department of the

Interior.

Complete Application means an

application that contains all the

documentation, analysis and

information required by § 151.5(f).

Discretionary acquisitions of title

means those acquisitions of trust title

which Congress has authorized, but not

required us to accept administratively.

Encumbrance means a limitation on

the title of property, such as a claim,

lien, easement, charge, or restriction of

any kind.

Fee simple land means land held

absolute and clear of any condition or

restriction, and where the owner has

unconditional power of disposition.

Governing tribe means the tribe

having governmental jurisdiction over

the land being acquired.

Individual Indian means a person

who:

(1) Is a member of a federally

recognized tribe; or

(2) Was physically residing on a

federally recognized Indian reservation

as of June 1, 1934, and is a descendant

of an enrolled member of a federally

recognized tribe; or

(3) Possesses a total of one-half degree

or more Indian blood of a federally

recognized tribe.

Land means real property or any title

interest therein, as defined by the

statute that authorizes the land

acquisition.

Legislative transfer of title means the

direct transfer of title to land into trust

status for the benefit of an individual

Indian or Indian tribe by Congress

through legislation. The regulations in

this part do not apply to legislative

transfers of title.

Mandatory acceptance of title means

a conveyance of trust title which

Congress has required the Secretary to

accept if certain specified conditions

over which the Secretary has no control

are met.

Reservation means, for purposes of

this part, that area of land which has

been set aside or which has been

acknowledged as having been set aside

by the United States for the use of the

tribe, the exterior boundaries of which

are more particularly defined in a final

treaty, Federal agreement, Executive or

secretarial order, Executive or

secretarial proclamation, United States

patent, Federal statute, or final judicial

or administrative determination,

provided that:

(1) In the State of Oklahoma,

reservation means that area of land

constituting the former reservation of

the tribe. Former reservation means

lands that are within the jurisdictional

area of an Oklahoma Indian tribe and

are within the boundaries of the last

reservation established by final treaty,

Federal agreement, Executive or

secretarial order, Executive or

secretarial proclamation, United States

patent, Federal statute, or final judicial

or administrative determination; and

(2) For Pueblo Indian tribes in the

State of New Mexico, reservation means

lands within the exterior boundaries of

lands granted or confirmed to or

acquired by the Pueblo as reported by

the Pueblo Lands Board under section 2

of the Act of June 7, 1924, ch. 331, 43

Stat. 636, notwithstanding any finding

of extinguishment of title, plus any

other lands reserved, set aside, or held

in trust by the United States for the use

of the Pueblo or its members.

Restricted fee land means land the

title to which is held by an individual

Indian or a tribe and which can only be

alienated or encumbered by the owner

with the approval of the Secretary

because of limitations in the conveyance

instrument pursuant to federal law.

Secretary means the Secretary of the

Interior or an authorized representative.

Tribal Land Acquisition Area (TLAA)

means an area of land approved by the

Secretary and designated by a tribe that

(1) Does not have a reservation; or

(2) Does not have trust land; or

(3) Has a trust land base which is

incapable of being developed in a

manner that promotes tribal selfdetermination, economic development

and Indian housing, and within which

the tribe plans to acquire land over a

specified period of time.

Tribe means any Indian tribe, nation,

band, pueblo, town, community,

rancheria, colony, or other group of

Indians, which is recognized by the

Secretary as eligible for the special

programs and services provided by the

3460 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

Bureau of Indian Affairs, and listed in

the Federal Register under Public Law

103–454, act of Nov. 2, 1994 (108 Stat.

4791; 25 U.S.C. 479a (1994)).

Trust land means land, or an interest

therein, for which the United States

holds fee title in trust for the benefit of

an individual Indian or a tribe.

Undivided fractional interest means

an interest of co-owners which is in the

entire property, that is not divided out

from the whole parcel. (Example: If you

own 1/4 interest in 160 acres, you do

not own 40 acres. You own 1/4 interest

in the whole 160 acres because your 1/

4 interest has not been divided out from

the whole 160 acres.)

We/Us/Our means the Secretary of the

Interior or an authorized representative.

§ 151.3 To what types of transactions does

this part apply?

(a) Except as provided in paragraphs

(b) and (c) of this section, this part

applies to all fee simple land-to-trust,

fee simple land-to-restricted fee or land

exchanges involving fee simple land.

(b) This part does not apply to the

following transactions:

(1) Trust-to-trust;

(2) Restricted-fee to restricted-fee;

(3) Transfer of title to trust and

restricted land through inheritance,

devise or escheat;

(4) Legislative transfer of title into

trust status; or

(5) Federal agency transfers of title.

(c) We will not accept title to land in

trust in the State of Alaska, except for

the Metlakatla Indian Community of the

Annette Island reserve of Alaska or its

members.

§ 151.4 How does an individual Indian or a

tribe apply to have title to land conveyed to

the United States in trust?

Individual Indians and tribes must

send us a written request asking that we

accept title and place the land into trust.

(a) The request must:

(1) Identify the applicant (including

the applicant’s tribal affiliation);

(2) Include the legal description of the

land to be acquired; and

(3) Include all information which

shows that the proposed acquisition

meets the applicable requirements in

this regulation.

(b) The request does not need to be in

any special form. However, we strongly

urge the applicant to address each

section of this part that is relevant to the

type of acquisition (e.g., on- or offreservation, discretionary or

mandatory), in the order it appears here.

Constructing the request in this way

will enable us to review the request

more efficiently.

(c) We may also ask for additional

information to aid us in reaching a

decision.

§ 151.5 How does BIA process the

request?

(a) After we receive the request, we

will notify the State, county, and

municipal governments having

regulatory jurisdiction over the land. We

will send all notices under this section

by certified mail, return receipt

requested. The notice will contain the

information described in paragraph

(a)(1) or (a)(2) of this section, as

appropriate.

(1) If the request is for on-reservation

lands or lands inside an approved

TLAA, the notice we send under this

section will:

(i) Include the name of the applicant;

(ii) Describe the lands proposed to be

taken in trust;

(iii) State the proposed use of the

land; and

(iv) Invite the State and local

governments from the State in which

the land is located to comment in

writing within 30 days from date of

receipt of the notice on the proposed

acquisition.

(2) If the request is for land outside a

reservation and outside a TLAA, the

notice we send under this section will:

(i) Include the name of the applicant;

(ii) Describe the lands proposed to be

taken in trust;

(iii) Describe the proposed use of the

land; and

(iv) Invite the State and local

governments from the State in which

the land is located to comment in

writing within 60 days from the date of

receipt of notice on the acquisition’s

potential effects on the State and local

governments, including on their

regulatory jurisdiction, real property

taxes, and special assessments.

(b) After the comment period has

ended, we will send to the applicant

copies of any comments made by State

and local governments on the

applicant’s request. We will give the

applicant a reasonable time in which to

reply to the comments.

(c) Subject to restrictions on

disclosure required by the Freedom of

Information Act (5 U.S.C. 552), the

Privacy Act (5 U.S.C. 552a), and the

Trade Secrets Act (18 U.S.C. 1905) the

request will be available for review at

the local BIA agency or area office

having administrative jurisdiction over

the land.

(d) We will consider all the

documentation that the applicant

submits.

(e) A complete application consists of

the following:

(1) The applicant’s request that the

land be taken into trust, as follows:

(i) If the applicant is an Indian tribe,

the written request must be a properly

prepared and executed tribal resolution

requesting trust status, or

(ii) If the applicant is an individual

Indian, the written request must be a

signed letter requesting trust status.

(2) Documentation that the applicant

has addressed all the applicable

information requirements in this

section;

(3) A map depicting the location of

the land to be acquired, and either:

(i) A legal description of the land,

including a statement of the estate being

acquired, e.g. all surface and mineral

rights, surface rights only, surface rights

and a portion of the mineral rights, etc.,

or

(ii) A survey if the land cannot be

described by an aliquot legal

description. The survey must be

completed by a land surveyor registered

in the State in which the land is located

when the land being acquired is fee

simple land,

(4) Hazardous level I survey,

(5) Environmental documentation,

(6) Title evidence,

(7) Impact notification letters,

including all associated responses,

(8) Statement from the applicant that

any existing rights of way, easements or

encumbrances will not interfere with

applicant’s intended use of the land,

and

(9) Any additional information we

have requested, in writing, if warranted

by the specific application.

(f) After BIA is in possession of a

complete application, we will:

(1) Notify the applicant, in writing,

that the application is complete,

(2) Issue a decision on an application

within 120 working days after issuance

of the notice of a complete application.

§ 151.6 How does BIA proceed after

making a decision on a request?

(a) Within 120 days of our having a

complete application package, we will

send the applicant a certified letter

describing our decision to accept or

deny a request. We will also send a copy

of the decision letter to everyone

(including State and local governments)

who sent us written comments on the

request. The notice to interested parties

will explain that they have a right to

appeal our decision under part 2 of this

title.

(b) If our decision is to deny the

request, we will take no further action.

(c) If our decision is to approve the

request, after the exhaustion of

administrative remedies, we will:

(1) Complete a preliminary title

examination. For both discretionary and

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3461

mandatory acquisitions, after we

examine the title evidence, we will

notify the applicant of any liens,

encumbrances, or infirmities. If the

liens, encumbrances, or infirmities

make title to the land unmarketable, we

will require the applicant to eliminate

the liens, encumbrances, or infirmities

before we act on the application.

(2) Publish in the Federal Register, or

in a newspaper of general circulation

serving the affected area, a notice of the

decision to take land into trust under

this part. The notice will state that we

have made a final decision to take land

in trust and that we will accept title in

the name of the United States no sooner

than 30 days after the notice is

published;

(3) Respond to any judicial appeals

that may be filed; and

(4) After sufficient opportunity for

judicial relief has been provided, accept

trust title to the land by issuing or

approving an appropriate instrument of

conveyance. If we determine to accept

trust title to land in a case before all

judicial remedies have been exhausted,

we will give the party/parties opposing

the acquisition at least five days notice

before we take any action.

§ 151.7 When does land attain trust

status?

After the Secretary has published a

notice of intent to take the land into

trust pursuant to § 151.6(c)(2), the time

period for appeal has run, and all title

objections have been cleared, we will

approve or issue the appropriate

instrument of conveyance. Only after

these steps have been completed will

the land attain trust status. The

approved deed will then be recorded in

the county where located, title evidence

will be updated, a final title opinion

will be issued and the deed will be

recorded in the appropriate Bureau of

Indian Affairs Land Titles and Records

Office under part 150 of this chapter.

§ 151.8 Will BIA accept and hold in trust an

undivided fractional interest in land for an

individual Indian or a tribe?

We will not accept and hold in trust

for an individual Indian or a tribe an

undivided fractional interest in land,

except under one of the following

conditions:

(a) The individual Indian or tribe

already owns an undivided fractional

restricted or trust interest in the land,

and is acquiring the additional

interest(s) to consolidate ownership.

(b) The individual Indian or tribe

acquires the undivided fractional

interest as the result of a gift under

§ 152.25(d) of this chapter and the

conveyance does not result in further

fractionation of interest in the land.

(c) The individual Indian or tribe is

acquiring fee simple interest and there

are existing undivided fractional trust or

restricted interests in the same land.

(d) The individual Indian or tribe

offers and agrees to purchase the

remaining undivided fractional trust or

restricted interest in the land, at not less

than fair market value.

(e) A specific statute grants the

individual Indian or tribe the right to

purchase an undivided fractional

interest in trust or restricted land

without offering to purchase all

interests.

(f) The owner(s) of a majority of the

interests of the remaining undivided

trust or restricted fractional interest

agree in writing that the individual

Indian or tribe may acquire the interest.

(g) A tribe acquires an undivided

fractional interest in trust or restricted

land under the Indian Land

Consolidation Act, 25 U.S.C. 2201 et

seq., under one of the following

conditions:

(1) The land is inside the tribe’s

reservation, or inside an approved

Tribal Land Consolidation Area, or is

otherwise subject to the tribe’s

jurisdiction, and

(2) The tribe acquires the land:

(i) At not less than the fair market

value; and

(ii) With the written consent of a

majority of the owners of the remaining

undivided fractional trust or restricted

interest of this land;

(h) The tribe acquires, at not less than

the fair market value, part or all of the

undivided fractional interests in a

parcel of trust or restricted land within

the tribe’s reservation, or subject to the

tribe’s jurisdiction and:

(1) Over 50 percent of the owners of

the undivided fractional interests

consent in writing to the acquisition; or

(2) An individual Indian makes an

offer under paragraph (e) of this section;

(i) An individual Indian:

(1) Already owns an undivided

fractional interest in the land;

(2) Offers to match a tribal offer to

purchase under paragraph (d) of this

section; and

(3) Has used and possessed the land

for at least 3 years preceding the tribe’s

offer to purchase.

Subpart Part B—Discretionary

Acquisitions of Title On-Reservation

§ 151.9 What information must be

provided in a request involving land inside

a reservation or inside an approved Tribal

Land Acquisition Area?

A request from an individual Indian

or a tribe asking that the United States

accept title to land inside a reservation

boundary or to land inside an approved

TLAA must include:

(a) A complete description, or a copy,

of the federal statute that authorizes the

United States to accept the land in trust

and any limitations contained in the

authority.

(b) An explanation of why the

individual Indian or tribe needs land to

be in trust and how the land will be

used.

(c) If the applicant is a tribe, an

explanation of whether the tribe:

(1) Already owns an undivided

fractional trust or restricted interest in

the land; and

(2) Maintains jurisdiction over the

land.

(d) If the applicant is an individual

Indian, an explanation of:

(1) Whether the applicant already

owns an undivided fractional trust or

restricted interest in the land;

(2) The amount of land that the

applicant already owns and the status of

the land (fee, restricted, or trust); and

(3) Whether the applicant needs

assistance in handling real estate affairs.

For example, tell us if the applicant is

a minor or has been declared legally

incompetent.

(e) Title insurance or an abstract of

title that meets the Standards for the

Preparation of Title Evidence in Land

Acquisitions by the United States,

issued by the U. S. Department of

Justice. Copies of the standards are

available from the U.S. Department of

Justice, Environmental and Natural

Resources Division, Land Acquisition

Section, Room 6136, 601 Pennsylvania

Avenue NW., Washington, DC 20004.

(f) Documentation that we need to

comply with 516 DM 6, Appendix 4,

National Environmental Policy Act

(NEPA) Revised Implementing

Procedures, and 602 DM 2, Land

Acquisitions: Hazardous Substances

Determinations. (For copies of these

directives, write to the Department of

the Interior, Bureau of Indian Affairs,

1849 C Street, NW., Mail Stop: 4513–

MIB, Washington, DC 20240). Include a

record of consultation with appropriate

authorities regarding environmental,

endangered species, water quality, fish

and wildlife, wetlands, transportation,

air quality, cultural, historical value,

hazardous waste, and toxic material

issues.

§ 151.10 What criteria will BIA use to

evaluate a request involving land inside a

reservation or inside an approved Tribal

Land Acquisition Area?

Upon receipt of the information

required under § 151.9 and upon a

determination that the application is

complete:

3462 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

(a) We will approve the application

and accept title to land in trust inside

a reservation or inside an approved

TLAA if we determine that the

application facilitates tribal selfdetermination, economic development,

Indian housing, land consolidation or

natural resources protection; except that

(b) Notwithstanding a determination

in paragraph (a) of this section, we may

not approve the application and accept

transfer of title into trust for land inside

a reservation or inside an approved

TLAA if the approval of the acquisition

will result in severe negative impact to

the environment or severe harm to the

local government. Evidence of such

harm must be clear and demonstrable

and supported in the record.

§ 151.11 Can an individual Indian or a tribe

acquire land inside a reservation or inside

an approved Tribal Land Acquisition Area

of another tribe?

An individual Indian or a tribe,

including individual Indians and tribes

in Oklahoma, may acquire land in trust

on another tribe’s reservation, or inside

another tribe’s approved TLAA, if the

recognized tribe’s governing body

consents in writing. No consent is

required if:

(a) An individual Indian or tribe

already owns an undivided fractional

trust or restricted interest in the parcel

of land to be acquired; or

(b) The proposed acquisition is inside

a reservation or an approved TLAA that

is shared by two or more tribes, and the

acquisition is for one of these tribes, or

one of these tribes’ members.

Subpart C—Discretionary Acquisitions

of Title Off-Reservation

§ 151.12 What information must be

provided in a request involving land outside

a reservation or outside a Tribal Land

Acquisition Area?

A request from an individual Indian

or a tribe asking that the United States

accept title to land outside a reservation

boundary and outside an approved

TLAA, must include:

(a) A complete description, or a copy

of, the statutory authority that

authorizes the United States to accept

land in trust and any limitations

contained in the authority;

(b) An explanation of the need of the

individual Indian or tribe for land in

trust and how the land will be used.

This explanation is a crucial factor in

determining if the request should be

approved. The request must explain:

(1) Why the present land base is not

appropriate or adequate for the activity

contemplated in the request;

(2) Why the applicant needs the land

to be in trust for the proposed use; and

(3) How trust status will benefit the

applicant’s economic and/or social

conditions.

(c) A description of how the applicant

will use the land. This description must

include an explanation of:

(1) The past uses of the land;

(2) The present use of the land;

(3) The anticipated future uses of the

land;

(4) The cultural or historical interest

in the land;

(5) The objectives that the individual

Indian or tribe hopes to attain; and

(6) If the acquisition is for housing:

(i) The projected number of units to

be built; and

(ii) The number of members who will

benefit.

(7) If the applicant is acquiring the

land for business purposes, the tribe

must provide a business plan that

specifies the anticipated economic

benefits of the proposed use.

(d) As complete a description as is

possible of the following:

(1) The location of the land relative to

State boundaries;

(2) The distance of the land from the

boundaries of the tribe’s reservation;

(3) The distance of the land from the

Bureau’s nearest agency or area office;

(4) The location of roads and rightsof-way that provide access to the land;

and

(5) The location of land in relation to

the tribe’s other trust lands.

(e) A description of the effect on the

State and its political subdivisions of

removing the land from tax rolls.

Describe any measures the applicant

will take to reduce these effects. The

description of effects must include an

explanation of:

(1) The amount of annual taxes

currently assessed by the local

government(s);

(2) The amount of annual revenue lost

from special assessments to the local

government(s), if any;

(3) The amount of annual revenue lost

from mineral receipts to the local

government(s), if any; and

(4) The local government’s ability to

provide public safety services for the

land.

(f) A description of any jurisdictional

and land use infrastructure issues that

might arise. The description must

address each of the following issues.

(1) Zoning, including:

(i) The current zoning of the land;

(ii) Any proposed use conflicts with

current zoning; and

(iii) Any tribal zoning ordinances.

(2) Law enforcement and crossdeputizing, including:

(i) Who currently provides law

enforcement services for the land;

(ii) If the applicant is a tribe, whether

the tribe already has its own law

enforcement;

(iii) Who will supply law enforcement

if the land is approved for trust status;

and

(iv) Any additional resources required

to provide adequate law enforcement

and how they will be funded.

(3) Safety factors, including:

(i) Who supplies fire protection

service for the land;

(ii) Who supplies emergency medical

service for the land; and

(iii) Whether the land is in a flood

area or flood control area.

(4) Traffic, roads, and streets,

including:

(i) A description of existing access to

the land;

(ii) Description and quantification of

increased traffic in the area anticipated

from the proposed use; and

(iii) A description of whether existing

roads and streets are adequate to handle

any anticipated increase in traffic

caused by the proposed use.

(5) Sanitation, including whether:

(i) The land is served by a city sewage

system;

(ii) The land is served by an some

other type of sewage system that is

adequate to meet applicable standards;

(iii) Trash pickup service or another

method of trash disposal is available for

the land;

(iv) The city or another facility

supplies services to the land;

(v) There is an adequate water supply

for the proposed use and any future

anticipated uses; and

(vi) Whether the applicant tribe has

water rights to the available water

supply.

(6) Utilities, including:

(i) Whether a city or a rural electric

company supplies electricity to the

land; and

(ii) The source of heating for any

structures located on or to be located on

the land, such as: natural gas, propane,

oil, coal, wood, electric, or solar.

(7) Whether there are any cooperative

agreements or voluntary actions

intended to address jurisdictional and

land use conflicts.

(8) Whether the applicant has made

any provisions to compensate the State

or local governments for revenue lost

because of the removal of the land from

the tax rolls. (Include any increases in

Title IX funding from the Indian

Education Act or Impact Aid funding.)

(g) Whether there is title evidence that

meets the Standards for the Preparation

of Title Evidence in Land Acquisitions

by the United States, issued by the U.S.

Department of Justice. The evidence

will be examined to determine if the

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3463

applicant has marketable title. Copies of

the standards are available from the U.S.

Department of Justice, Environmental

and Natural Resources Division, Land

Acquisition Section, Room 6136, 601

Pennsylvania Avenue NW., Washington,

DC 20004.

(h) The documentation that we need

to comply with 516 DM 6, Appendix 4,

National Environmental Policy Act

(NEPA) Revised Implementing

Procedures, and 602 DM 2, Land

Acquisitions: Hazardous Substances

Determinations. (For copies of these

directives, write to the Department of

Interior, Bureau of Indian Affairs, 1849

C Street, NW., Mail Stop: 4513–MIB,

Washington, DC 20240). Include a

record of consultation with appropriate

authorities regarding environmental,

endangered species, water quality, fish

and wildlife, wetlands, transportation,

air quality, cultural, historical value,

hazardous waste, and toxic material

issues.

(i) If the request is for an individual

Indian, documentation demonstrating

that the applicant’s request meets one of

the criteria described in § 151.13.

§ 151.13 Can an individual Indian acquire

land outside his or her own reservation?

Except as provided in paragraphs (a)

and (b) of this section, we will not

accept title to land in trust outside an

individual Indian’s reservation. We may

approve acquisitions of land outside an

individual Indian’s reservation if:

(a) The individual Indian already

owns an undivided fractional trust or

restricted interest in the property being

acquired; or

(b) The individual Indian has sold

trust or restricted interest in land and

the money received from the sale is

reinvested in other land selected and

purchased with these funds, or the

individual Indian is purchasing land

with funds obtained as a result of a sale

of trust or restricted land under 25

U.S.C. 409a.

§ 151.14 What criteria will BIA use to

evaluate a request involving land outside a

reservation or outside an approved Tribal

Land Acquisition Area?

Upon receipt of the information

required under § 151.12 and upon a

determination that the application is

complete:

(a) We will approve the application to

accept land into trust outside a

reservation or outside an approved

TLAA only if the application shows that

the acquisition is necessary to:

(1) Facilitate tribal self-determination,

economic development, Indian housing,

land consolidation or natural resource

protection; and

(2) We determine that the acquisition

provides meaningful benefits to the

Tribe that outweigh any demonstrable

harm to the local community.

(b) Notwithstanding a determination

in paragraph (a) of this section that the

acquisition is necessary to facilitate

tribal self-determination and that the

benefits of the acquisition to the tribe

outweigh any harm to the local

community, we may disapprove an

application to accept land into trust

outside a reservation or outside an

approved TLAA if the acquisition will

result in:

(1) Severe negative impacts to the

environment, or

(2) Significant harm to the local

community. Evidence of such harm

must be clear and demonstrable and

supported in the application record; or

(3) The inability of the Bureau of

Indian Affairs to adequately handle the

additional law enforcement and other

responsibilities that would result from

the acquisition of the land into trust

status.

(c) When making a determination

under paragraph (a) or (b) of this section

to approve or deny an application, we

will consider the location of the land

relative to the state boundaries, and its

distance from the boundaries of the

tribe’s reservation and whether that

distance is reasonable based on the

following:

(1) If the land is in a different state

than the tribe’s reservation, the tribe’s

justification of anticipated benefits from

the acquisition will be subject to greater

scrutiny

(2) As the distance between the tribe’s

reservation or approved TLAA and the

land to be acquired increases, the tribe’s

justification of anticipated benefits from

the acquisition will be subject to greater

scrutiny

(3) As the distance between the tribe’s

reservation or approved TLAA and the

land to be acquired increases, the

concerns raised by the state and local

governments will be given greater

weight.

Subpart D—Mandatory Acceptance of

Title

§ 151.15 What information must be

provided in a request to process a

mandatory transfer of title into trust status,

and how will BIA process the request?

(a) To help us determine whether we

are mandated by legislation to accept

trust title to a specific tract of land, we

require submission of the following

documentation:

(1) A complete description, or a copy

of, the statutory authority that directs

the Secretary to place the land in trust,

and any limitations contained in that

authority;

(2) Title insurance or an abstract of

title that meets the Standards for the

Preparation of Title Evidence in Land

Acquisitions by the United States,

issued by the U. S. Department of

Justice (copies are available from the

U.S. Department of Justice,

Environmental and Natural Resources

Division, Land Acquisition Section,

Room 6136, 601 Pennsylvania Avenue

NW., Washington, DC 20004); and

(3) Any additional information that

we may request.

(b) If we determine that the transfer of

title into trust status is mandatory, we

will publish that determination along

with a notice of intent to take the land

in trust in the Federal Register or in a

newspaper of general circulation serving

the affected area.

§ 151.16 Can our determination that a

transfer of title into trust status is

mandatory be appealed?

The Department’s determination that

a transfer of title into trust status is or

is not mandatory may be appealed

according to requirements set forth in

part 2 of this title.

Subpart E—Tribal Land Acquisition

Areas

§ 151.17 What is a Tribal Land Acquisition

Area?

A TLAA is an area of land approved

by the Secretary and designated by a

tribe within which the tribe plans to

acquire land over a 25-year period of

time. If the Secretary approves the

TLAA under this part, the tribe can

acquire parcels of land within the TLAA

during that 25-year period under the onreservation provisions of this part.

§ 151.18 What tribes are eligible to apply

for approval of a Tribal Land Acquisition

Area?

Tribes which may apply for approval

of a TLAA are those tribes which:

(a) Do not have a reservation,

(b) Do not have trust land, or

(c) Have a trust land base which is

incapable of being developed in a

manner that promotes tribal selfdetermination, economic development

and/or Indian housing.

§ 151.19 What must be included in a

request for Secretarial approval of a Tribal

Land Acquisition Area?

A request for Secretarial approval of

a TLAA must be made in writing,

although we do not require that it take

any special form. However, we strongly

urge the applicant to address each

applicable section of this part in the

order it appears here. Constructing the

3464 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

application in this way will help us

review the request more efficiently. To

be complete, a request for Secretarial

approval of a TLAA must identify the

applicant tribe, and must include:

(a) A complete description, or a copy,

of the federal statute(s) that authorize

the Secretary to accept land in trust on

behalf of the tribe, and any limitations

contained in that authority.

(b) Copies of tribal documents relating

to the establishment of the TLAA and

the acquisition of land within it,

including:

(1) A copy of the tribe’s constitution

and by-laws, corporate charter,

resolution, or excerpts from those

documents that identify and grant tribal

officials the authority to acquire tribal

lands on behalf of the tribe;

(2) A copy of a tribal resolution

designating the TLAA, including a legal

description of the lands located within

it; and (3)

(3) A copy of a tribal resolution

requesting that the Secretary approve

the proposed TLAA.

(c) A narrative summary that

describes the purposes and goals for

acquiring lands in trust within the

TLAA, including general information

about whether the lands are to be used

for residential, governmental,

educational, economic development, or

other purposes.

(d) A narrative of the tribe’s history

that explains:

(1) When the tribe was federally

recognized, and whether it was through

legislation, treaty, or the Bureau of

Indian Affairs’ Federal

Acknowledgment Process; and

(2) If applicable, how the tribe became

dispossessed of its former reservation

lands.

(e) A description of the TLAA,

including:

(1) A legal description of the lands

within the TLAA;

(2) Information about whether the

lands are within the tribe’s former

reservation or aboriginal homelands;

(3) Information about whether the

lands are Federal lands, State lands, or

private lands;

(4) Information about whether the

lands overlap with another tribe’s

jurisdictional area;

(5) Information about the significance

of the land to the tribe, including

whether the land has any particular

historical, cultural, religious, or other

value to the tribe; and

(6) Information about the distance of

the TLAA from the Bureau’s nearest

agency or area office.

(f) A description of the location of

roads and rights-of-way, or of additional

rights-of-way that may be needed to

provide access to lands located within

the TLAA.

(g) A description of the reasonably

anticipated overall effect on the State

and its political subdivisions of

removing lands located within the

TLAA from tax rolls, and a description

of any measures the applicant will take

to reduce these effects. The description

of effects must include an explanation

of:

(1) The amount of annual taxes

currently assessed by the local

governments for lands located within

the TLAA;

(2) The amount of annual revenue

which would be lost from special

assessments to the local governments, if

any;

(3) The amount of annual revenue lost

from mineral receipts to the local

governments, if any; and

(4) The local governments’ ability to

provide public safety services for lands

located within the TLAA.

(h) A description of any overall

jurisdictional and land use

infrastructure issues that might arise if

the lands within the TLAA is taken into

trust. The description must address each

of the following issues.

(1) Zoning, including:

(i) The current zoning of the land;

(ii) Any proposed use conflicts with

current zoning; and

(iii) Applicable tribal zoning

ordinances.

(2) Law enforcement and crossdeputizing, including:

(i) Who currently provides law

enforcement services for the land;

(ii) Whether the tribe already has its

own law enforcement;

(iii) Who will supply law enforcement

if the land is approved for trust status;

and

(iv) Whether additional resources

would be needed to provide adequate

law enforcement.

(3) Safety factors, including:

(i) Who supplies fire protection

service for lands located within the

TLAA;

(ii) Who supplies emergency medical

service for lands located within the

TLAA; and

(iii) Information about whether lands

located within the TLAA are in a flood

area or flood control area.

(4) Traffic, roads, and streets,

including:

(i) A description of current access to

the land;

(ii) Describes and quantifies

anticipated increased traffic in the area

from proposed use; and

(iii) A description of whether existing

roads and streets are adequate to handle

any anticipated increase in traffic

caused by the proposed use.

(5) Sanitation, including whether:

(i) The lands located within the TLAA

are on a city sewage system;

(ii) The lands located within the

TLAA are served by an adequate sewage

system that meets applicable standards;

(iii) Trash pickup service or another

method of trash disposal is available for

lands located within the TLAA;

(iv) The city or another facility

supplies sanitation services to the lands

located within the Tribe Land

Acquisition Area;

(v) There is an adequate water supply

for the proposed use and any future

anticipated uses; and

(vi) Whether the tribe has water rights

to the available water supply.

(6) Utilities, including:

(i) Whether a city or a rural electric

company supplies electricity to lands

located within the TLAA; and

(ii) The source of heating for lands

located within the TLAA, such as:

natural gas, propane, oil, coal, wood,

electric, or solar.

(7) Whether there exist any

cooperative agreements or voluntary

actions intended to address

jurisdictional and land use conflicts.

(8) Whether the tribe has made any

provisions to compensate the State and

local governments for revenue lost

because of the removal of the lands from

the tax rolls. (Include any increases in

Title IX funding from the Indian

Education Act or Impact Aid funding.)

§ 151.20 How is a tribal request for

Secretarial approval processed?

When we receive a request for

Secretarial approval of a TLAA, we will

review the supporting documentation to

determine if the request meets the

requirements of this part. If the request

is complete, we will:

(a) Provide notice of the request for

Secretarial approval to the Governor’s

Office, to appropriate local government

officials, and to appropriate officials of

tribes located within a 50-mile radius of

the boundaries of the proposed TLAA.

Recipients of the notice will be

provided 60 days from the date of

receipt in which to comment on the

proposed TLAA and the request

supporting it. Other interested parties

may also submit comments during the

60-day consultation period.

(b) After the close of the comment

period, based on the criteria described

in § 151.21, we will decide whether to

approve the TLAA. Our decision on

whether to approve the TLAA will be

communicated in the form of a certified

letter to the applicant. We also will

provide notice of our decision to

interested parties by sending a copy of

the decision letter to everyone

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3465

(including State and local governments)

who sent us written comments on the

request for approval.

(c) If we decide not to approve the

TLAA, we will take no further action.

(d) If we decide to approve the TLAA,

we will:

(1) Publish in the Federal Register, or

in a newspaper of general circulation

serving the affected area, a notice of the

decision to approve the TLAA; and

(2) Thereafter, for a period of 25 years,

review requests to accept trust title land

located within the TLAA as ‘‘onreservation’’ acquisitions under the

applicable on-reservation provisions in

this part.

§ 151. 21 What criteria will BIA use to

decide whether to approve a proposed

Tribal Land Acquisition Area?

In general, because tribes without

reservations are significantly

disadvantaged, both in terms of cultural

preservation and in terms of being

ineligible for federal land-based

programmatic funding and technical

assistance, there is a presumption in

favor of the tribe’s need for at least some

trust land. However, in determining

whether to approve establishment of a

TLAA, we will consider the individual

circumstances of each applicant tribe,

surrounding community, and affected

land base. There are some standard

criteria which will help direct our

decision-making process. These

standard criteria include:

(a) The request must be complete and

contain all supporting documents;

(b) The statutory basis upon which

the tribe proposes creation of the TLAA.

If the tribe is the subject of a statute

directing the Secretary to take some

unspecified land into trust for the tribe’s

benefit, the tribe will enjoy a greater

presumption in favor of approval of its

proposed TLAA. (For example, there is

statutory language such as ‘‘the

Secretary shall take land into trust

within the tribe’s service area,’’ or ‘‘the

Secretary shall take land into trust

within X and Y counties.’’)

(c) The size of the proposed TLAA in

relation to the size of the tribe’s

membership: we will look for a

reasonable connection between the

amount of land the tribe wishes to take

into trust, and the basic trust needs

(housing, health, employment

opportunities) of the tribe’s

membership.

(d) The relationship of the tribe to the

lands located within the TLAA: we will

give greater weight to a request for

approval of a TLAA that encompasses

lands to which the tribe has established

a strong cultural, historical, and/or legal

connection.

(e) The ability of the tribe and the

local non-Indian community to adjust to

the jurisdictional changes that will

occur if the lands within the TLAA are

taken into trust, including:

(1) That there are adequate

arrangements for provision of police and

fire protection and other emergency

response for persons living within the

TLAA (whether living on trust or nontrust property);

(2) That there are adequate

arrangements for provision of other

municipal-type services, such as garbage

removal, water, sewage;

(3) That adverse impacts on local

governments and communities are

reasonable compared to the benefits

flowing to the applicant.

§ 151.22 Can a tribe include in its Tribal

Land Acquisition Area land inside another

tribe’s reservation or Tribal Land

Acquisition Area?

A tribe may include land inside the

reservation boundaries or within an

approved TLAA of another tribe, if:

(a) The tribe’s governing body

consents in writing;

(b) The tribe already owns undivided

fractional trust or restricted interests in

the tracts of land identified in its TLAA;

or

(c) The tracts of land to be included

in the TLAA are inside a reservation or

an approved TLAA that is shared by two

or more tribes, and the plan is for one

of these tribes.

§ 151.23 If a Tribal Land Acquisition Area

is not approved, is the tribe prohibited from

acquiring land within it?

No. However, the tribe will have to

apply to have individual parcels taken

into trust under the off-reservation

provisions of this part.

§ 151.24 If a Tribal Land Acquisition Area

is approved, does the land taken into trust

within it attain reservation status?

No. Lands taken into trust within a

TLAA will enjoy ‘‘Indian country’’

status as that term has been defined in

relevant federal statutes and case law.

However, those lands do not attain

‘‘reservation’’ status by virtue of the

TLAA having been approved by the

Secretary. Reservation status can only

be attained if:

(a) The tribe has applied to the

Secretary under 25 U.S.C. 467; or

(b) There is a federal statute

specifically designating the land as a

reservation.

§ 151.25 Can a Tribal Land Acquisition

Area be modified after approval?

Yes. However, the changes must be

submitted with a request for approval in

compliance with the criteria in this part

and must be approved by the Secretary.

Subpart F—False Statements,

Recordkeeping, Information Collection

§ 151.26 What is the penalty for making

false statements in connection with a

request that BIA place land into trust?

Anyone who knowingly and willfully

makes a false statement in connection

with a trust title acquisition request may

be subject to criminal prosecution under

the False Statements Accountability Act

of 1996, 18 U.S.C. 1001.

§ 151.27 Who owns the records associated

with this part?

(a) Records are the property of the

United States if they:

(1) Are made or received by a tribe or

tribal organization in the conduct of a

federal trust function under this part,

including the operation of a trust

program; and

(2) Evidence the organization,

functions, policies, decisions,

procedures, operations, or other

activities undertaken in the performance

of a federal trust function under this

part.

(b) Records not covered by paragraph

(a) of this section that are made or

received by a tribe or tribal organization

in the conduct of business with the

Department of the Interior under this

part are the property of the tribe.

§ 151.28 How must a record associated

with this part be preserved?

(a) Any organization, including tribes

and tribal organizations, that have

records identified in § 151.26(a) must

preserve the records in accordance with

approved Departmental records

retention procedures under the Federal

Records Act, 44 U.S.C. chapters 29, 31,

and 33. These records and related

records management practices and

safeguards required under the Federal

Records Act are subject to inspection by

the Secretary and the Archivist of the

United States.

(b) A tribe or tribal organization

should preserve the records identified

in § 151.26(b) for the period of time

authorized by the Archivist of the

United States for similar Department of

the Interior records in accordance with

44 U.S.C. chapter 33. If a tribe or tribal

organization does not preserve records

associated with its conduct of business

with the Department of the Interior

under this part, it may prevent the tribe

or tribal organization from being able to

adequately document essential

transactions or furnish information

necessary to protect its legal and

financial rights or those of persons

directly affected by its activities.

3466 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

Dated: December 29, 2000.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 01–470 Filed 1–12–01; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05–00–055]

Drawbridge Operation Regulations;

Great Egg Harbor Bay, New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Fifth Coast

Guard District, has approved a

temporary deviation from the

regulations governing the operation of

the Route 9/Beesleys Point Bridge across

Great Egg Harbor Bay, mile 3.5, between

Somers Point and Beesleys Point, in

New Jersey. Beginning at 7 a.m. on

January 22, 2001, through 5 p.m. on

March 22, 2001, the bridge may remain

in the closed position. This closure is

necessary to conduct the installation of

a new deck.

DATES: This deviation is effective from

7 a.m. on January 22, 2001, until 5 p.m.

on March 22, 2001.

FOR FURTHER INFORMATION CONTACT: Ann

B. Deaton, Bridge Administrator, Fifth

Coast Guard District, at (757) 398–6222.

SUPPLEMENTARY INFORMATION: The Coast

Guard received a letter by fax from the

contractor on December 1, 2000,

requesting a temporary deviation from

the current operating schedule of the

Route 9/Beesleys Point Bridge. The

draw currently is required to open on

signal at all times. This requirement is

included in the general operating

regulations at 33 CFR 117.5. The

contractor intends to install a new deck

on the bascule span of the bridge. To

facilitate the installation, the bascule

span will be bolted down in the closed

position so that the old deck can be

removed and a new deck installed. This

work requires completely immobilizing

the operation of the bascule span. In the

event of an emergency, openings of the

span will be provided as quickly as

possible, but may take up to 48 hours

to accomplish. Requests for emergency

openings can be made by calling the

bridge manager at (609) 390–3190 or

(609) 624–0949.

In accordance with 33 CFR 117.35,

the District Commander approved the

contractor’s request for a temporary

deviation from the governing

regulations in a letter dated December

12, 2000.

The Coast Guard has informed the

known commercial users of the

waterway of the bridge closure so that

these vessels can arrange their transits

to minimize any impact caused by the

temporary deviation.

The temporary deviation allows the

Route 9/Beesleys Point Bridge across

Great Egg Harbor, mile 3.5, between

Somers Point and Beesleys Point, New

Jersey to remain closed from 7 a.m. on

January 22, 2001, until 5 p.m. on March

22, 2001.

Dated: December 21, 2000.

John E. Skhor,

U.S. Coast Guard, Commander, Fifth Coast

Guard District.

[FR Doc. 01–1212 Filed 1–12–01; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 136, 141, and 143

[FRL–6918–2]

RIN 2040–AD59

Guidelines Establishing Test

Procedures for the Analysis of

Pollutants Under the Clean Water Act;

National Primary Drinking Water

Regulations; and National Secondary

Drinking Water Regulations; Methods

Update

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct Final Rule.

SUMMARY: EPA is approving the use of

updated versions of test procedures (i.e.,

analytical methods) for the

determination of chemical, radiological,

and microbiological pollutants and

contaminants in wastewater and

drinking water. These updated versions

of analytical methods have been

published by one or more of the

following organizations: American

Society for Testing Materials (ASTM),

United States Geological Survey

(USGS), United States Department of

Energy (DOE), American Public Health

Association (APHA), American Water

Works Association (AWWA), and Water

Environment Federation (WEF).

Previously approved versions of the

methods remain approved. Today’s

action will give the analytical

community a larger selection of

analytical methods. Today’s action also

corrects typographical errors and

updates references where appropriate.

DATES: This final rule is effective on

May 16, 2001 without further notice,

unless EPA receives adverse comment

by March 19, 2001. If EPA receives such

comment, EPA will publish a timely

withdrawal in the Federal Register

informing the public that this rule (or

distinct amendments, paragraphs, or

sections of this rule) will not take effect.

The incorporation by reference of the

publications listed in today’s rule is

approved by the Director of the Federal

Register as of May 16, 2001.

For judicial review purposes, this

final rule is promulgated as of 1:00 p.m.

(Eastern time) on January 30, 2001 as

provided in 40 CFR 23.2 and 23.7.

ADDRESSES: You may submit written

comments either by mail or

electronically. Send comments to the

Methods Update Comment Clerk (W–

99–21), U.S. Environmental Protection

Agency, Water Docket, MC–4101, Ariel

Rios Bldg., 1200 Pennsylvania Ave.,

NW., Washington, DC 20460. Submit

electronic comments to OW-Docket

@epa.gov. Please submit copies of any

references cited in your comments. EPA

would appreciate an original and 3

copies of your comments and enclosures

(including references).

This Federal Register document is

also available on the Internet at:

http://www.epa.gov/fedrgstr. The record

for this rulemaking has been established

under docket number W–99–21.

Supporting documents (including

references and methods cited in this

notice) are available for review at the

U.S. Environmental Protection Agency,

Water Docket, East Tower Basement,

Room EB57, 401 M Street, SW.,

Washington, DC 20460. For access to the

docket materials, call 202/260–3027 on

Monday through Friday, excluding

Federal holidays, between 9:00 a.m. and

3:30 p.m. Eastern Daylight Standard

Time for an appointment.

Copies of final methods published by

ASTM are available for a nominal cost

through American Society for Testing

and Materials, 100 Barr Harbor Drive,

West Conshohocken, PA 19428–2959.

Copies of final methods published by

USGS are available for a nominal cost

through the United States Geological

Survey, U.S. Geological Survey

Information Services, Box 25286,

Federal Center, Denver, CO 80225–0425.

Copies of final methods published by

DOE are available for a nominal cost

through the Environmental

Measurements Laboratory, U.S.

Department of Energy, 376 Hudson

Street, New York, NY 10014–3621.

Copies of Standard Methods are

available for a nominal cost from the

American Public Health Association,