Alaska Native Veteran Allotments, 54199-54202 [06-7661]
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Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Rules and Regulations
relevant regulations relating to the
customer’s appeal rights. If the customer
appeals, his or her appeal letter is
forwarded to the Judicial Officer
Department. In the event of an appeal,
a Postal ServiceTM attorney must consult
with the postmaster or Post Office box
clerk and prepare an answer to the
customer’s petition. In most cases, the
Postal Service counsel files a summary
judgment motion with the answer. The
summary judgment motion often
includes a declaration from the
postmaster. After the answer summary
judgment motion is filed, the customer
is given a chance to reply. Thereafter,
the administrative law judge (ALJ)
renders a decision on the motion. If the
ALJ decides that summary judgment is
not warranted, a hearing is scheduled.
After the hearing, the ALJ decides the
matter on the merits. If the ALJ grants
summary judgment, the customer is
given the opportunity to appeal to the
judicial officer. In the event of an appeal
to that level, the law department
prepares a written response to the
appeal. Alternatively, if the ALJ decides
in favor of the customer, the law
department may file an appeal.
Considerable resources can be spent
on a single case. Many of these costs can
be avoided if the appeals process is
changed. Also, the appeal process
should move more swiftly if handled by
postal management.
The Postal Service is transferring
responsibility for adjudication of
appeals from the Judicial Officer
Department to a Postal Service
management level official. There is no
statutory requirement that Post Office
box or caller service termination
decisions or application denials be
subject to a formal administrative
hearing before an ALJ. Moreover, past
decisions by the Judicial Officer
Department have held there is no right
to a Post Office box.
The legal basis for changing
procedures is grounded in the Postal
Reorganization Act, which provides that
the Postal Service is authorized to
adopt, amend, and repeal such rules and
regulations as it deems necessary.
Further, the responsibilities of the
judicial officer do not require review of
any particular controversy. Rather, the
act provides that [t]he judicial officer
shall perform such quasi-judicial duties
* * * as the Postmaster General may
designate’’ (39 U.S.C. 204).
In lieu of granting a right of appeal to
the Judicial Officer Department, the vice
president and Consumer Advocate will
be given decision-making power to
review and decide Post Office box and
caller service appeals. This will be more
efficient, give the consumer expeditious
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resolution, and save the Postal Service
considerable professional and labor time
and travel expense. The Consumer
Advocate is a neutral and impartial
arbiter of consumer claims and is
already the final arbiter for appeals of
domestic and international indemnity
claims for loss or damage (Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM)
609.6 and International Mail Manual
931.3) and for appeals of local handling
of complaints and inquiries about postal
products, services or employees (DMM
608.6.1).
Any pending actions filed with the
recorder’s office before the effective date
will be handled under the regulations in
effect on the date the appeal was
received.
List of Subjects in 39 CFR Parts 111 and
958
Administrative practice and
procedure.
For the reasons set out in this
document, the Postal Service removes
39 CFR part 958 and adopts the
following amendments to the DMM,
which is incorporated by reference in
the CFR. See 39 CFR 111.1.
I Accordingly, 39 CFR part 111 is
amended as follows:
I
54199
determination to refuse or terminate
service within 20 calendar days after
notice as specified in the postmaster’s
determination. The filing of a petition
prevents the postmaster’s determination
from taking effect and transfers the case
to the USPS Consumer Advocate. The
Consumer Advocate’s decision
constitutes the final agency decision.
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5.0
Caller Service
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5.7
Service Refusal or Termination
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5.7.3 Customer Appeal
The applicant or caller may file a
petition opposing the postmaster’s
determination to refuse or terminate
service within 20 calendar days after
notice, as specified in the postmaster’s
determination. The filing of a petition
prevents the postmaster’s determination
from taking effect and transfers the case
to the USPS Consumer Advocate. The
Consumer Advocate’s decision
constitutes the final agency decision.
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Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E6–15111 Filed 9–13–06; 8:45 am]
PART 111—[AMENDED]
BILLING CODE 7710–12–P
1. The authority citation for 39 CFR
part 111 continues to read as follows:
DEPARTMENT OF THE INTERIOR
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 5001.
43 CFR Part 2560
PART 958—[REMOVED AND
RESERVED]
[WO–350–1410–00–24 1A]
2. Remove and reserve Part 958.
I 3. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), as follows:
Mailing Standards of the United
States Postal Service, Domestic Mail
Manual
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500
Additional Mailing Services
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508
Recipient Services
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4.0
Post Office Box Service
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4.9
Service Refusal or Termination
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4.9.3 Customer Appeal
The applicant or box customer may
file a petition appealing the postmaster’s
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Bureau of Land Management
RIN 1004–AD60
Alaska Native Veteran Allotments
Bureau of Land Management,
Interior.
ACTION: Final rule.
AGENCY:
SUMMARY: The Bureau of Land
Management (BLM) is amending its
regulations governing Alaska Native
veteran allotments. The existing
regulations allowed certain Alaska
Native veterans another opportunity to
apply for a Native allotment under the
repealed Native Allotment Act of 1906.
This final rule will remove the
requirement that veteran applicants
must have posted the land by marking
all corners on the ground with their
name and address prior to filing an
application with BLM. This change to
the regulations will make the processing
of Alaska Native veteran allotments
more like that of allotments adjudicated
under the 1906 act.
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Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Rules and Regulations
Effective Date: This final rule is
effective October 16, 2003.
FOR FURTHER INFORMATION CONTACT:
Linda Resseguie, Division of
Conveyance Management, Bureau of
Land Management, 222 West 7th
Avenue, #13, Anchorage, Alaska 99513;
telephone (907) 271–5422; or Kelly
Odom, Bureau of Land Management,
Regulatory Affairs Group, Mail Stop
401, 1620 L Street, NW., Washington,
DC 20036; telephone (202) 452–5028.
Persons who use a telecommunications
device for the deaf (TDD) may contact
these persons through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339, 24 hours a day, seven
days a week.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
II. Final Rule as Adopted and Response to
Comment
III. Procedural Matters
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I. Background
BLM published the proposed rule to
remove the posting requirement in the
Federal Register on October 7, 2005 (70
FR 58654), for a 60-day comment period
ending on December 6, 2005. The
Alaska Native Veterans Allotment Act of
1998 (Act), (Section 432 of Pub. L. 105–
276), as amended, authorized allotments
for certain Alaska Native veterans who
served in the U.S. military during the
Vietnam era. The Act provided an
opportunity to file allotment
applications for veterans who may have
missed their chance to file under the
1906 Native Allotment Act as a direct
result of their military service. The Act
provided an 18-month application
period, which began on July 31, 2000,
and ended on January 31, 2002.
Regulations promulgated to implement
the Act included a requirement for
applicants to post the corners of their
claims before filing their applications
with BLM. BLM issued the regulations
requiring posting before filing because
we believed that physical markings on
the land would facilitate the processing
of the veteran applications and help
finalize state and Native conveyance
entitlements.
II. Final Rule as Adopted and Response
to Comment
One set of comments from a private
individual was received during the
comment period. The comments oppose
the removal of the posting requirement
for three primary reasons. First, the
comments assert that the Alaska Native
Veterans Allotment Act made posting a
statutory requirement that could not be
removed from the regulations regardless
of equitable considerations. The Alaska
Native veteran statute allows qualified
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applicants to ‘‘be eligible for an
allotment * * * under the Act of May
17, 1906, as such Act was in effect
before December 18, 1971.’’ The
comments assert that the regulations
implementing the statute on the date of
repeal required posting and that the
emphasized language adopts all existing
rules in effect on December 18, 1971.
We do not believe this comment is
legally correct. The Alaska Native
veteran statute does not say ‘‘as such
Act and its implanting regulations were
in effect before December 18, 1971.’’ It
only says such Act. So Congress did not
wholesale lock those regulations
existing in 1971 into the new law. While
regulations implementing the Act did
indeed include the posting requirement,
the posting requirement itself is entirely
a creature of the regulations and not the
1906 Act. So before December 18, 1971,
BLM could have amended the
regulations through notice and comment
rule making to eliminate the posting
requirement without violating the Act.
This means that BLM may do the same
now. While most of the 1906 regulations
were applied to veteran allotments, the
1906 regulations only apply to the
extent they are not inconsistent with
more specific Alaska veteran allotment
regulations. 43 CFR 2568.21.
Second, the comments also state that
there never was a proper or effective
waiver of the posting requirements in
the regulations implementing the 1906
Act. The only posting requirement in
the 1906 regulations was for the Bureau
of Indian Affairs to certify that the
allotment was posted. In 1972, the
Assistant Secretary, Land and Water
Resources, waived enforcement of the
posting certification, and BLM has
processed allotment applications
without that certification since that
time. The comments reference a June 6,
1973, memorandum from the Assistant
Secretary, Land and Water Resources,
which the comment claims shows that
the posting certification was still
required. However, the June 6, 1973,
instructions were superseded by an
October 18, 1973, directive by the same
Assistant Secretary that made no
reference to the posting requirement and
only required BIA to certify that the
applicant was an Alaska Native. In any
event, the Department is not proposing
to waive a regulation but is properly
removing a regulatory provision
pursuant to the Administrative
Procedures Act.
Third, the comment asserts that
removing the posting requirement will
have adverse practical consequences.
BLM assessed the practical implications
of its policy decision and determined
that no significant practical problems
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will ensue from removing the posting
requirement at this time. The
requirement was to post prior to
application so its initial purpose has
passed. Mapping and technology
development since December 1971
closing of the original 1906 application
period enable applicants and BLM to
plat and locate the claimed allotments
more accurately than was possible
during the original allotment
application period. Removing the
regulatory posting requirement is legal,
and will put Alaska Native veteran
allotment applicants on the same
footing as the rest of Alaska Native
allotment applicants.
Lastly, the comment questions the
constitutionality of the Alaska Native
Veterans Allotment Act. This matter is
beyond the authority of this rule to
determine.
III. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
In accordance with the criteria in
Executive Order 12866, this rule is not
a significant regulatory action. OMB
makes the final determination under
Executive Order 12866.
a. This rule will not have annual
economic effect of $100 million or
adversely affect an economic sector,
productivity, jobs, the environment, or
other units of government. A costbenefit and economic analysis is not
required. This rule does not alter the
budgetary effects of entitlements, grants,
user fees, or loan programs or the rights
or obligations of their recipients; nor
does this rule raise novel legal or policy
issues. Eliminating the posting
requirements would have a positive
effect on the limited number of
individual Alaska Native veteran
applicants, as well as the Interior
bureaus, contractors, and compacters
assisting them, because the applicant’s
failure to meet the posting requirements
would otherwise cause their
applications to be rejected and generate
administrative appeals.
b. This rule will not create
inconsistencies with other agencies’
actions. The effect of this rule will be on
a limited number of individuals who are
qualified to apply for allotments and the
Interior Department agencies
responsible for administering the
allotment program. The allotment
application period was limited by law to
18 months and has passed; the existing
staff of responsible agencies will process
applications following most of the same
rules that are currently in effect for
allotment applications under the 1906
Native Allotment Act.
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Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Rules and Regulations
c. This rule will not materially affect
entitlements, grants, user fees, loan
programs, or the rights and obligations
of their recipients. Eliminating the
posting requirement would affect a
limited number of individual Alaska
Native veteran applicants, Interior
agencies, and tribal offices that are
assisting applicants. It will have not
effect on budgetary entitlements, grants,
user fees, or loan programs.
d. This rule will not raise novel legal
or policy issues. This rule will impose
the same requirements on Alaska Native
veteran applicants as those imposed on
applicants who filed under the initial
1906 Native Allotment Act.
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Regulatory Flexibility Act
This rule will not have a significant
economic effect on a substantial number
of small entities as defined under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). An initial Regulatory Flexibility
Analysis is not required. Accordingly, a
Small Entity Compliance Guide is not
required. This rule will only apply to
certain Alaska Native veterans and
specific classes of heirs of Alaskan
Native veterans who are eligible to
apply for allotments. Therefore, the
Department of the Interior certifies that
this document will not have any
significant impacts on a substantial
number of small entities under the
Regulatory Flexibility Act.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
a. Does not have an annual effect on
the economy of $100 million or more.
This rule would result in some costs
saving to allotment applicants because
under this rule they would no longer be
required to post the corners of the lands
in their applications. The Department of
the Interior will have to implement the
allotment program over the next several
years, but these costs will be far below
$100 million per year. Enforcing the
posting requirement would cost the
Department more than eliminating the
posting requirements, which we have
determined to be unnecessary.
b. Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions. This rule will result
in some costs saving to allotment
applicants.
c. Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
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compete with foreign-based enterprises.
Eliminating the posting requirement
would have a positive impact on a
limited number of individual Alaska
Native veterans, Interior agencies, and
tribal offices who are helping the
applicants. No additional applications
will be filed because of this revised rule.
The original regulations provided for
the filing of applications after all
corners were marked on the ground and
posted with the applicant’s name and
address.
Unfunded Mandates Reform Act
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.):
a. This rule will not ‘‘significantly or
uniquely’’ affect small governments. A
Small Government Agency Plan is not
required. Eliminating the posting
requirement will potentially result in
minimal savings to tribal governments
assisting veteran applicants.
b. This rule will not produce a
Federal mandate of $100 million or
greater in any year because it is not a
‘‘significant regulatory action’’ under
the Unfunded Mandates Reform Act.
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
In accordance with Executive Order
12630, we find that the rule does not
have significant takings implications. A
taking implication assessment is not
required. This rule does not represent a
government action capable of interfering
with constitutionally protected property
rights. Eliminating the posting
requirement will have no effect on the
use or value of protected property
rights. Therefore, the Department of the
Interior determines that this rule will
not cause a taking of private property or
require further discussion of takings
implications under this Executive
Order.
Executive Order 13132, Federalism
In accordance with Executive Order
13132, we find that the rule does not
have significant Federalism effects. A
Federalism assessment is not required.
This rule would not have substantial
direct effect on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Eliminating the
posting requirement would have a
neutral effect on the State of Alaska.
Therefore, in accordance with Executive
Order 13132, the BLM has determined
that this proposed rule does not have
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54201
sufficient Federalism implications to
warrant preparation of a Federalism
Assessment.
Executive Order 12988, Civil Justice
Reform
Under Executive Order 12988, the
Office of the Solicitor has determined
that the final rule would not unduly
burden the judicial system and that
these regulations meet the requirements
of sections (3)(a) and 3(b)(2) of the
Order. We have reviewed these
regulations to eliminate drafting errors
and ambiguity. They have been written
to minimize litigation, provide clear
legal standards for affected conduct
rather than general standards, and
promote simplification. Drafting the
regulations in clear language and
working closely with legal counsel
assisted in all of these areas.
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
In accordance with Executive Order
13211, this regulation does not have a
significant effect on the nation’s energy
supply, distribution, or use, or cause a
shortfall in supply or price increase.
This rule is not a significant energy
action. It will not have an adverse effect
on energy supplies. This rule will apply
only to Alaska Native veterans and to a
specific class of Alaskan Native
veterans’ heirs who are eligible to apply
for allotments.
Paperwork Reduction Act
The BLM has determined this rule
does not contain any new information
collection requirements that the Office
of Management and Budget must
approve under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et. seq.).
National Environmental Policy Act
We have analyzed this rule in
accordance with the criteria of the
National Environmental Policy Act and
516 DM. An environmental assessment
is not required. Section 910 of the
Alaska National Interest Lands
Conservation Act (ANILCA) of
December 2, 1980, 43 U.S.C. 1638, made
conveyances, regulations, and other
actions which lead to the issuance of
conveyances to Natives under Alaska
Native Claims Settlement Act of 1971
(43 U.S.C. 1601 et seq.) exempt from
NEPA compliance requirements. Since
the Alaska Veterans Allotment Act is
part of ANCSA, NEPA does not apply.
Author
The principal author of this rule is
Linda Resseguie, Division of
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Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Rules and Regulations
Conveyance Management, Bureau of
Land Management, Alaska State Office,
Anchorage, Alaska; assisted by Kelly
Odom of the Regulatory Affairs Group,
Bureau of Land Management,
Washington, DC.
List of Subjects in 43 CFR Part 2560
Alaska, Homesteads, Indian lands,
Public lands, Public lands—sale, and
Reporting and recordkeeping
requirements, Alaska Native allotments
for certain veterans.
Dated: August 31, 2006.
Julie Jacobson,
Deputy Assistant Secretary, Land and
Minerals Management.
For the reasons set forth in the
preamble and under the authority of the
Alaska Native Veterans Allotment Act of
1998 (Section 432, Pub. L. 105–276),
part 2560 of Title 43 of the Code of
Federal Regulations is amended as set
forth below:
I
PART 2560—ALASKA OCCUPANCY
AND USE
1. Revise the authority citation for part
2560 to read as follows:
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*
I
Authority: 43 U.S.C. 1629g(e).
2. Revise paragraph (d) of § 2568.74 to
read as follows:
I
§ 2568.74 What else must I file with my
application?
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(d) A legal description of the land for
which you are applying. If there is a
discrepancy between the map and the
legal description, the map will control.
The map must be sufficient to allow
BLM to locate the parcel on the ground.
You must also estimate the number of
acres in each parcel.
§ 2568.77
I
[Reserved]
3. Remove and reserve § 2568.77.
[FR Doc. 06–7661 Filed 9–13–06; 8:45 am]
BILLING CODE 4310–84–M
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
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[Docket No. FEMA–7943]
Suspension of Community Eligibility
Mitigation Division, Federal
Emergency Management Agency
(FEMA), Department of Homeland
Security.
AGENCY:
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ACTION:
Final rule.
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If FEMA receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
ADDRESSES: If you want to determine
whether a particular community was
suspended on the suspension date,
contact the appropriate FEMA Regional
Office or the NFIP servicing contractor.
FOR FURTHER INFORMATION CONTACT:
David Stearrett, Mitigation Division, 500
C Street, SW., Washington, DC 20472,
(202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59 et seq. Accordingly, the communities
will be suspended on the effective date
in the third column. As of that date,
flood insurance will no longer be
available in the community. However,
some of these communities may adopt
and submit the required documentation
of legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
their eligibility for the sale of insurance.
A notice withdrawing the suspension of
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the communities will be published in
the Federal Register.
In addition, FEMA has identified the
Special Flood Hazard Areas (SFHAs) in
these communities by publishing a
Flood Insurance Rate Map (FIRM). The
date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may legally be provided for
construction or acquisition of buildings
in identified SFHAs for communities
not participating in the NFIP and
identified for more than a year, on
FEMA’s initial flood insurance map of
the community as having flood-prone
areas (section 202(a) of the Flood
Disaster Protection Act of 1973, 42
U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment under 5 U.S.C. 553(b)
are impracticable and unnecessary
because communities listed in this final
rule have been adequately notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act
This rule is categorically excluded
from the requirements of 44 CFR Part
10, Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act
The Administrator has determined
that this rule is exempt from the
requirements of the Regulatory
Flexibility Act because the National
Flood Insurance Act of 1968, as
amended, 42 U.S.C. 4022, prohibits
flood insurance coverage unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed no
longer comply with the statutory
requirements, and after the effective
date, flood insurance will no longer be
available in the communities unless
remedial action takes place.
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]]>Agencies
[Federal Register Volume 71, Number 178 (Thursday, September 14, 2006)]
[Rules and Regulations]
[Pages 54199-54202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7661]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 2560
[WO-350-1410-00-24 1A]
RIN 1004-AD60
Alaska Native Veteran Allotments
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is amending its
regulations governing Alaska Native veteran allotments. The existing
regulations allowed certain Alaska Native veterans another opportunity
to apply for a Native allotment under the repealed Native Allotment Act
of 1906. This final rule will remove the requirement that veteran
applicants must have posted the land by marking all corners on the
ground with their name and address prior to filing an application with
BLM. This change to the regulations will make the processing of Alaska
Native veteran allotments more like that of allotments adjudicated
under the 1906 act.
[[Page 54200]]
DATES: Effective Date: This final rule is effective October 16, 2003.
FOR FURTHER INFORMATION CONTACT: Linda Resseguie, Division of
Conveyance Management, Bureau of Land Management, 222 West 7th Avenue,
13, Anchorage, Alaska 99513; telephone (907) 271-5422; or
Kelly Odom, Bureau of Land Management, Regulatory Affairs Group, Mail
Stop 401, 1620 L Street, NW., Washington, DC 20036; telephone (202)
452-5028. Persons who use a telecommunications device for the deaf
(TDD) may contact these persons through the Federal Information Relay
Service (FIRS) at 1-800-877-8339, 24 hours a day, seven days a week.
SUPPLEMENTARY INFORMATION:
I. Background
II. Final Rule as Adopted and Response to Comment
III. Procedural Matters
I. Background
BLM published the proposed rule to remove the posting requirement
in the Federal Register on October 7, 2005 (70 FR 58654), for a 60-day
comment period ending on December 6, 2005. The Alaska Native Veterans
Allotment Act of 1998 (Act), (Section 432 of Pub. L. 105-276), as
amended, authorized allotments for certain Alaska Native veterans who
served in the U.S. military during the Vietnam era. The Act provided an
opportunity to file allotment applications for veterans who may have
missed their chance to file under the 1906 Native Allotment Act as a
direct result of their military service. The Act provided an 18-month
application period, which began on July 31, 2000, and ended on January
31, 2002. Regulations promulgated to implement the Act included a
requirement for applicants to post the corners of their claims before
filing their applications with BLM. BLM issued the regulations
requiring posting before filing because we believed that physical
markings on the land would facilitate the processing of the veteran
applications and help finalize state and Native conveyance
entitlements.
II. Final Rule as Adopted and Response to Comment
One set of comments from a private individual was received during
the comment period. The comments oppose the removal of the posting
requirement for three primary reasons. First, the comments assert that
the Alaska Native Veterans Allotment Act made posting a statutory
requirement that could not be removed from the regulations regardless
of equitable considerations. The Alaska Native veteran statute allows
qualified applicants to ``be eligible for an allotment * * * under the
Act of May 17, 1906, as such Act was in effect before December 18,
1971.'' The comments assert that the regulations implementing the
statute on the date of repeal required posting and that the emphasized
language adopts all existing rules in effect on December 18, 1971.
We do not believe this comment is legally correct. The Alaska
Native veteran statute does not say ``as such Act and its implanting
regulations were in effect before December 18, 1971.'' It only says
such Act. So Congress did not wholesale lock those regulations existing
in 1971 into the new law. While regulations implementing the Act did
indeed include the posting requirement, the posting requirement itself
is entirely a creature of the regulations and not the 1906 Act. So
before December 18, 1971, BLM could have amended the regulations
through notice and comment rule making to eliminate the posting
requirement without violating the Act. This means that BLM may do the
same now. While most of the 1906 regulations were applied to veteran
allotments, the 1906 regulations only apply to the extent they are not
inconsistent with more specific Alaska veteran allotment regulations.
43 CFR 2568.21.
Second, the comments also state that there never was a proper or
effective waiver of the posting requirements in the regulations
implementing the 1906 Act. The only posting requirement in the 1906
regulations was for the Bureau of Indian Affairs to certify that the
allotment was posted. In 1972, the Assistant Secretary, Land and Water
Resources, waived enforcement of the posting certification, and BLM has
processed allotment applications without that certification since that
time. The comments reference a June 6, 1973, memorandum from the
Assistant Secretary, Land and Water Resources, which the comment claims
shows that the posting certification was still required. However, the
June 6, 1973, instructions were superseded by an October 18, 1973,
directive by the same Assistant Secretary that made no reference to the
posting requirement and only required BIA to certify that the applicant
was an Alaska Native. In any event, the Department is not proposing to
waive a regulation but is properly removing a regulatory provision
pursuant to the Administrative Procedures Act.
Third, the comment asserts that removing the posting requirement
will have adverse practical consequences. BLM assessed the practical
implications of its policy decision and determined that no significant
practical problems will ensue from removing the posting requirement at
this time. The requirement was to post prior to application so its
initial purpose has passed. Mapping and technology development since
December 1971 closing of the original 1906 application period enable
applicants and BLM to plat and locate the claimed allotments more
accurately than was possible during the original allotment application
period. Removing the regulatory posting requirement is legal, and will
put Alaska Native veteran allotment applicants on the same footing as
the rest of Alaska Native allotment applicants.
Lastly, the comment questions the constitutionality of the Alaska
Native Veterans Allotment Act. This matter is beyond the authority of
this rule to determine.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
In accordance with the criteria in Executive Order 12866, this rule
is not a significant regulatory action. OMB makes the final
determination under Executive Order 12866.
a. This rule will not have annual economic effect of $100 million
or adversely affect an economic sector, productivity, jobs, the
environment, or other units of government. A cost-benefit and economic
analysis is not required. This rule does not alter the budgetary
effects of entitlements, grants, user fees, or loan programs or the
rights or obligations of their recipients; nor does this rule raise
novel legal or policy issues. Eliminating the posting requirements
would have a positive effect on the limited number of individual Alaska
Native veteran applicants, as well as the Interior bureaus,
contractors, and compacters assisting them, because the applicant's
failure to meet the posting requirements would otherwise cause their
applications to be rejected and generate administrative appeals.
b. This rule will not create inconsistencies with other agencies'
actions. The effect of this rule will be on a limited number of
individuals who are qualified to apply for allotments and the Interior
Department agencies responsible for administering the allotment
program. The allotment application period was limited by law to 18
months and has passed; the existing staff of responsible agencies will
process applications following most of the same rules that are
currently in effect for allotment applications under the 1906 Native
Allotment Act.
[[Page 54201]]
c. This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
Eliminating the posting requirement would affect a limited number of
individual Alaska Native veteran applicants, Interior agencies, and
tribal offices that are assisting applicants. It will have not effect
on budgetary entitlements, grants, user fees, or loan programs.
d. This rule will not raise novel legal or policy issues. This rule
will impose the same requirements on Alaska Native veteran applicants
as those imposed on applicants who filed under the initial 1906 Native
Allotment Act.
Regulatory Flexibility Act
This rule will not have a significant economic effect on a
substantial number of small entities as defined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). An initial Regulatory
Flexibility Analysis is not required. Accordingly, a Small Entity
Compliance Guide is not required. This rule will only apply to certain
Alaska Native veterans and specific classes of heirs of Alaskan Native
veterans who are eligible to apply for allotments. Therefore, the
Department of the Interior certifies that this document will not have
any significant impacts on a substantial number of small entities under
the Regulatory Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act.
This rule:
a. Does not have an annual effect on the economy of $100 million or
more. This rule would result in some costs saving to allotment
applicants because under this rule they would no longer be required to
post the corners of the lands in their applications. The Department of
the Interior will have to implement the allotment program over the next
several years, but these costs will be far below $100 million per year.
Enforcing the posting requirement would cost the Department more than
eliminating the posting requirements, which we have determined to be
unnecessary.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. This rule will result in some costs
saving to allotment applicants.
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.
Eliminating the posting requirement would have a positive impact on a
limited number of individual Alaska Native veterans, Interior agencies,
and tribal offices who are helping the applicants. No additional
applications will be filed because of this revised rule. The original
regulations provided for the filing of applications after all corners
were marked on the ground and posted with the applicant's name and
address.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.):
a. This rule will not ``significantly or uniquely'' affect small
governments. A Small Government Agency Plan is not required.
Eliminating the posting requirement will potentially result in minimal
savings to tribal governments assisting veteran applicants.
b. This rule will not produce a Federal mandate of $100 million or
greater in any year because it is not a ``significant regulatory
action'' under the Unfunded Mandates Reform Act.
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
In accordance with Executive Order 12630, we find that the rule
does not have significant takings implications. A taking implication
assessment is not required. This rule does not represent a government
action capable of interfering with constitutionally protected property
rights. Eliminating the posting requirement will have no effect on the
use or value of protected property rights. Therefore, the Department of
the Interior determines that this rule will not cause a taking of
private property or require further discussion of takings implications
under this Executive Order.
Executive Order 13132, Federalism
In accordance with Executive Order 13132, we find that the rule
does not have significant Federalism effects. A Federalism assessment
is not required. This rule would not have substantial direct effect on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Eliminating the posting requirement would
have a neutral effect on the State of Alaska. Therefore, in accordance
with Executive Order 13132, the BLM has determined that this proposed
rule does not have sufficient Federalism implications to warrant
preparation of a Federalism Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the Office of the Solicitor has
determined that the final rule would not unduly burden the judicial
system and that these regulations meet the requirements of sections
(3)(a) and 3(b)(2) of the Order. We have reviewed these regulations to
eliminate drafting errors and ambiguity. They have been written to
minimize litigation, provide clear legal standards for affected conduct
rather than general standards, and promote simplification. Drafting the
regulations in clear language and working closely with legal counsel
assisted in all of these areas.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
In accordance with Executive Order 13211, this regulation does not
have a significant effect on the nation's energy supply, distribution,
or use, or cause a shortfall in supply or price increase. This rule is
not a significant energy action. It will not have an adverse effect on
energy supplies. This rule will apply only to Alaska Native veterans
and to a specific class of Alaskan Native veterans' heirs who are
eligible to apply for allotments.
Paperwork Reduction Act
The BLM has determined this rule does not contain any new
information collection requirements that the Office of Management and
Budget must approve under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et. seq.).
National Environmental Policy Act
We have analyzed this rule in accordance with the criteria of the
National Environmental Policy Act and 516 DM. An environmental
assessment is not required. Section 910 of the Alaska National Interest
Lands Conservation Act (ANILCA) of December 2, 1980, 43 U.S.C. 1638,
made conveyances, regulations, and other actions which lead to the
issuance of conveyances to Natives under Alaska Native Claims
Settlement Act of 1971 (43 U.S.C. 1601 et seq.) exempt from NEPA
compliance requirements. Since the Alaska Veterans Allotment Act is
part of ANCSA, NEPA does not apply.
Author
The principal author of this rule is Linda Resseguie, Division of
[[Page 54202]]
Conveyance Management, Bureau of Land Management, Alaska State Office,
Anchorage, Alaska; assisted by Kelly Odom of the Regulatory Affairs
Group, Bureau of Land Management, Washington, DC.
List of Subjects in 43 CFR Part 2560
Alaska, Homesteads, Indian lands, Public lands, Public lands--sale,
and Reporting and recordkeeping requirements, Alaska Native allotments
for certain veterans.
Dated: August 31, 2006.
Julie Jacobson,
Deputy Assistant Secretary, Land and Minerals Management.
0
For the reasons set forth in the preamble and under the authority of
the Alaska Native Veterans Allotment Act of 1998 (Section 432, Pub. L.
105-276), part 2560 of Title 43 of the Code of Federal Regulations is
amended as set forth below:
PART 2560--ALASKA OCCUPANCY AND USE
0
1. Revise the authority citation for part 2560 to read as follows:
* * * * *
Authority: 43 U.S.C. 1629g(e).
0
2. Revise paragraph (d) of Sec. 2568.74 to read as follows:
Sec. 2568.74 What else must I file with my application?
* * * * *
(d) A legal description of the land for which you are applying. If
there is a discrepancy between the map and the legal description, the
map will control. The map must be sufficient to allow BLM to locate the
parcel on the ground. You must also estimate the number of acres in
each parcel.
Sec. 2568.77 [Reserved]
0
3. Remove and reserve Sec. 2568.77.
[FR Doc. 06-7661 Filed 9-13-06; 8:45 am]
BILLING CODE 4310-84-M
