Requests for Administrative Acknowledgment of Federal Indian Tribes, 37538-37539 [2015-16194]

Download as PDF 37538 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations thereunder, including Form SDR (17 CFR 249.1500) and reports filed pursuant to Rules 13n–11(d) and (f) (17 CFR 240.13n–11(d) and (f)) under the Exchange Act; and (xviii) Filings made pursuant to Regulation A (§§ 230.251 through 230.262 of this chapter). * * * * * Dated: June 25, 2015. Brent J. Fields, Secretary. [FR Doc. 2015–16045 Filed 6–30–15; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 275 [Release No. IA–4129; File No. S7–18–09] RIN 3235–AK39 Political Contributions by Certain Investment Advisers: Ban on ThirdParty Solicitation; Notice of Compliance Date Securities and Exchange Commission. ACTION: Notice of compliance date. AGENCY: The Securities and Exchange Commission (‘‘Commission’’ or ‘‘SEC’’) previously set and extended the compliance date for the ban on thirdparty solicitation until nine months after the compliance date of a final rule adopted by the Commission by which municipal advisors must register under the Securities Exchange Act of 1934 (‘‘final municipal advisor registration rule’’) and indicated that notice with respect thereto would be provided in the Federal Register. This notice of compliance date is being published to provide the notice of the compliance date. SUMMARY: The compliance date for the ban on third-party solicitation under 17 CFR 275.206(4)–5 [rule 206(4)–5] is July 31, 2015. FOR FURTHER INFORMATION CONTACT: Sirimal R. Mukerjee, Senior Counsel, or Sarah A. Buescher, Branch Chief, at (202) 551–6787 or IArules@sec.gov, Investment Adviser Regulation Office, Division of Investment Management, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–8549. SUPPLEMENTARY INFORMATION: The Commission adopted rule 206(4)–5 [17 CFR 275.206(4)–5] (‘‘Pay to Play Rule’’) under the Investment Advisers Act of 1940 [15 U.S.C. 80b] to prohibit an investment adviser from providing tkelley on DSK3SPTVN1PROD with RULES DATES: VerDate Sep<11>2014 17:34 Jun 30, 2015 Jkt 235001 advisory services for compensation to a government client for two years after the adviser or certain of its executives or employees (‘‘covered associates’’) make a contribution to certain elected officials or candidates.1 Rule 206(4)–5 also prohibits an adviser and its covered associates from providing or agreeing to provide, directly or indirectly, payment to any third-party for a solicitation of advisory business from any government entity on behalf of such adviser, unless such third-party is a ‘‘regulated person’’ (‘‘third-party solicitor ban’’).2 Rule 206(4)–5 defines a ‘‘regulated person’’ as an SEC-registered investment adviser,3 a registered broker or dealer subject to pay to play restrictions adopted by a registered national securities association,4 or a registered municipal advisor subject to pay to play restrictions adopted by the Municipal Securities Rulemaking Board (‘‘MSRB’’).5 In addition, the Commission must find, by order, that these pay to play rules: (i) Impose substantially equivalent or more stringent restrictions on broker-dealers or municipal advisors than the Pay to Play Rule imposes on investment advisers; and (ii) are consistent with the objectives of the Pay to Play Rule.6 Rule 206(4)–5 became effective on September 13, 2010 and the compliance date for the third-party solicitor ban was set to September 13, 2011.7 When the Commission added municipal advisors to the definition of regulated person, the Commission also extended the thirdparty solicitor ban’s compliance date to 1 Political Contributions by Certain Investment Advisers, Investment Advisers Act Rel. No. 3043 (July 1, 2010) [75 FR 41018 (July 14, 2010)] (‘‘Pay to Play Release’’). 2 See id. at Section II.B.2.(b). See also 17 CFR 275.206(4)–5(a)(2)(i)(A). 3 See 17 CFR 275.206(4)–5(f)(9)(i). 4 See 17 CFR 275.206(4)–5(f)(9)(ii). While rule 206(4)–5 applies to any registered national securities association, the Financial Industry Regulatory Authority (‘‘FINRA’’) is currently the only registered national securities association under section 19(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78s(b)]. As such, for convenience, we will refer directly to FINRA in this notice of compliance date when describing the exception for certain broker-dealers from the third-party solicitor ban. 5 See 17 CFR 275.206(4)–5(f)(9)(iii). On June 22, 2011, the Commission amended the Pay to Play Rule to add municipal advisors to the definition of ‘‘regulated persons.’’ See Rules Implementing Amendments to the Investment Advisers Act of 1940, Investment Advisers Act Rel. No. 3221 (June 22, 2011) [76 FR 42950 (July 19, 2011)] (‘‘Municipal Advisor Addition Release’’). The Commission adopted final rules with respect to the registration of municipal advisors on September 20, 2013. See Registration of Municipal Advisors, Exchange Act Release No. 70462 (Sept. 20, 2013) [78 FR 67468 (Nov. 12, 2013)] (‘‘Municipal Advisor Registration Release’’). 6 See 17 CFR 275.206(4)–5(f)(9). 7 See Pay to Play Release at section III. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 June 13, 2012.8 In the absence of a final municipal advisor registration rule, the Commission extended the third-party solicitor ban’s compliance date from June 13, 2012 to nine months after the compliance date of the final rule,9 which is July 31, 2015.10 This notice of compliance date is technical in nature and serves solely to fulfill the Commission’s commitment to provide the notice for the compliance date it previously set.11 Dated: June 25, 2015. Brent J. Fields, Secretary. [FR Doc. 2015–16048 Filed 6–30–15; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 83 [156A2100DD/AAKC001030/ A0A501010.999900 253G] Requests for Administrative Acknowledgment of Federal Indian Tribes Bureau of Indian Affairs, Interior. ACTION: Policy guidance. AGENCY: This policy guidance establishes the Department’s intent to make determinations to acknowledge Federal Indian tribes within the contiguous 48 states only in accordance with the regulations established for that purpose at 25 CFR part 83. This notice directs any unrecognized group requesting that the Department acknowledge it as an Indian tribe, through reaffirmation or any other alternative basis, to petition under 25 CFR part 83 unless an alternate process is established by rulemaking following the effective date of this policy guidance. DATES: This policy guidance is effective July 1, 2015. FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative SUMMARY: 8 See Municipal Advisor Addition Release at section II.D.1. 9 See Political Contributions by Certain Investment Advisers: Ban on Third-Party Solicitation; Extension of Compliance Date, Investment Advisers Act Rel. No. 3418 (June 8, 2012) [77 FR 35263 (June 13, 2012)] (‘‘Extension Release’’). 10 The final date on which a municipal advisor must file a complete application for registration was October 31, 2014. See Municipal Advisor Registration Release at section V. 11 See the Extension Release. E:\FR\FM\01JYR1.SGM 01JYR1 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations Action—Indian Affairs, (202) 273–4680; elizabeth.appel@bia.gov. SUPPLEMENTARY INFORMATION: Prior to the establishment of the regulatory process for establishing that an American Indian group exists as an Indian tribe in 1978 (‘‘the Part 83 process’’), the Department used an informal process for the Federal acknowledgment of Indian tribes. The Part 83 regulations formalized the process by which the Department reviewed requests and the criteria required of groups to obtain Federal acknowledgment. The Department has resolved over 50 petitions using the Part 83 process. However, even after the promulgation of the Part 83 regulations in 1978, there have been a range of requests by unrecognized groups to use other administrative processes to obtain Federal acknowledgment. The Department has utilized those processes in limited circumstances. For example, the Department has ‘‘reaffirmed’’ some tribes and reorganized some half-blood communities as tribes under the Indian Reorganization Act (IRA). Over the past couple of years, the Department has undertaken a comprehensive review and evaluation of the process and criteria by which it federally acknowledges Indian tribes under 25 CFR part 83. As part of that review of the proposed revisions to Part 83, we also received comments related to the other administrative processes that have occasionally been used by the Department for acknowledgment. For example, the Eastern Band of Cherokee Indians and Stand Up for California requested that the Department utilize only the Part 83 process to acknowledge tribes. We recognize the concerns expressed in comments about the use of administrative approaches for acknowledgment other than Part 83. Having worked hard to make the Part 83 process more transparent, timely and efficient, while maintaining Part 83’s fairness, rigor, and integrity, the Department has decided that, in light of these reforms to improve the Part 83 process, that process should be the only method utilized by the Department to acknowledge an Indian tribe in the contiguous 48 states.1 The Department has determined that it will no longer accept requests for acknowledgement outside the Part 83 process. Rather, the Department intends to rely on the newly reformed Part 83 process as the sole administrative avenue for acknowledgment as a tribe. Of course, the basis for the policy shift being announced today is the Department’s reform and improvement of the Part 83 process. The recently revised Part 83 regulations promote fairness, integrity, efficiency and flexibility. No group should be denied access to other mechanisms if the only administrative avenue available to them is widely considered ‘‘broken.’’ Thus, this policy guidance is contingent on the Department’s ability to implement Part 83, as reformed. If in the future the newly reformed Part 83 process is not in effect and being implemented, this policy guidance is deemed rescinded. To conclude, any group within the contiguous 48 states seeking Federal acknowledgment as an Indian tribe administratively must petition under 25 CFR part 83 from this date forward. The decision to use only the recently reformed Part 83 process from this point forward does not affect the validity of any determination made prior to the institution of this policy guidance; while the Department exercised its discretionary authority to use those methods of acknowledgment in the past, it no longer will. Dated: June 26, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs. tkelley on DSK3SPTVN1PROD with RULES regard to Alaska, under 473a, Congress has specifically provided: ‘‘that groups of Indians in Alaska not recognized prior to May 1, 1936, as bands or tribes, but having a common bond of occupation, or association, or residence within a well-defined neighborhood, community, or rural district, may organize to adopt constitutions and bylaws and to receive charters of incorporation and Federal loans under sections 470, 476, and 477 of this title.’’ VerDate Sep<11>2014 17:34 Jun 30, 2015 Jkt 235001 FOR FURTHER INFORMATION CONTACT: Todd Smyth at the U.S. Department of Labor, Office of Administrative Law Judges, 800 K Street NW., Suite 400North, Washington, DC 20001–8002; telephone (202) 693–7300. SUPPLEMENTARY INFORMATION: Background The final regulations that are the subject of these corrections became effective on June 18, 2015. The regulations constitute the rules of practice and procedure for administrative hearings before the Office of Administrative Law Judges. Need for Correction As published, the final regulations contain four internal cross-reference errors, and a typographical error in the title of 29 CFR 18.33(e). List of Subjects in 29 CFR Part 18 Administrative practice and procedure, Labor. Accordingly, 29 CFR part 18 is corrected by making the following correcting amendments: PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES 1. The authority citation for part 18 continues to read as follows: ■ Authority: 5 U.S.C. 301; 5 U.S.C. 551–553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292. [FR Doc. 2015–16194 Filed 6–30–15; 8:45 am] 2. Revise paragraph (c) of § 18.32 to read as follows: BILLING CODE 4337–15–P § 18.32 ■ Computing and extending time. * * * * * (c) Additional time after certain kinds of service. When a party may or must act within a specified time after service and service is made under § 18.30(a)(2)(ii)(C) or (D), 3 days are added after the period would otherwise expire under paragraph (a) of this section. DEPARTMENT OF LABOR Office of the Secretary 29 CFR Part 18 RIN 1290–AA26 Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges; Corrections Office of the Secretary, Labor. Correcting amendments. AGENCY: ACTION: This document contains corrections to the final regulations which were published in the Federal Register of May 19, 2015 (80 FR 28768). Those regulations relate to rules of practice and procedure for administrative hearings before the Office of Administrative Law Judges. DATES: Effective on July 1, 2015. SUMMARY: 1 With 37539 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 3. Revise paragraph (e) of § 18.33 to read as follows: ■ § 18.33 Motions and other papers. * * * * * (e) Motions made at hearing. A motion made at a hearing may be stated orally unless the judge determines that a written motion or response would best serve the ends of justice. * * * * * ■ 4. Revise paragraph (d)(1) and the introductory text of paragraph (d)(3) of § 18.51 to read as follows: § 18.51 * E:\FR\FM\01JYR1.SGM * Discovery scope and limits. * 01JYR1 * *

Agencies

[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37538-37539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16194]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 83

[156A2100DD/AAKC001030/A0A501010.999900 253G]


Requests for Administrative Acknowledgment of Federal Indian 
Tribes

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Policy guidance.

-----------------------------------------------------------------------

SUMMARY: This policy guidance establishes the Department's intent to 
make determinations to acknowledge Federal Indian tribes within the 
contiguous 48 states only in accordance with the regulations 
established for that purpose at 25 CFR part 83. This notice directs any 
unrecognized group requesting that the Department acknowledge it as an 
Indian tribe, through reaffirmation or any other alternative basis, to 
petition under 25 CFR part 83 unless an alternate process is 
established by rulemaking following the effective date of this policy 
guidance.

DATES: This policy guidance is effective July 1, 2015.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of 
Regulatory Affairs & Collaborative

[[Page 37539]]

Action--Indian Affairs, (202) 273-4680; elizabeth.appel@bia.gov.

SUPPLEMENTARY INFORMATION: 
    Prior to the establishment of the regulatory process for 
establishing that an American Indian group exists as an Indian tribe in 
1978 (``the Part 83 process''), the Department used an informal process 
for the Federal acknowledgment of Indian tribes. The Part 83 
regulations formalized the process by which the Department reviewed 
requests and the criteria required of groups to obtain Federal 
acknowledgment. The Department has resolved over 50 petitions using the 
Part 83 process.
    However, even after the promulgation of the Part 83 regulations in 
1978, there have been a range of requests by unrecognized groups to use 
other administrative processes to obtain Federal acknowledgment. The 
Department has utilized those processes in limited circumstances. For 
example, the Department has ``reaffirmed'' some tribes and reorganized 
some half-blood communities as tribes under the Indian Reorganization 
Act (IRA).
    Over the past couple of years, the Department has undertaken a 
comprehensive review and evaluation of the process and criteria by 
which it federally acknowledges Indian tribes under 25 CFR part 83. As 
part of that review of the proposed revisions to Part 83, we also 
received comments related to the other administrative processes that 
have occasionally been used by the Department for acknowledgment. For 
example, the Eastern Band of Cherokee Indians and Stand Up for 
California requested that the Department utilize only the Part 83 
process to acknowledge tribes.
    We recognize the concerns expressed in comments about the use of 
administrative approaches for acknowledgment other than Part 83. Having 
worked hard to make the Part 83 process more transparent, timely and 
efficient, while maintaining Part 83's fairness, rigor, and integrity, 
the Department has decided that, in light of these reforms to improve 
the Part 83 process, that process should be the only method utilized by 
the Department to acknowledge an Indian tribe in the contiguous 48 
states.\1\ The Department has determined that it will no longer accept 
requests for acknowledgement outside the Part 83 process. Rather, the 
Department intends to rely on the newly reformed Part 83 process as the 
sole administrative avenue for acknowledgment as a tribe.
---------------------------------------------------------------------------

    \1\ With regard to Alaska, under 473a, Congress has specifically 
provided: ``that groups of Indians in Alaska not recognized prior to 
May 1, 1936, as bands or tribes, but having a common bond of 
occupation, or association, or residence within a well-defined 
neighborhood, community, or rural district, may organize to adopt 
constitutions and bylaws and to receive charters of incorporation 
and Federal loans under sections 470, 476, and 477 of this title.''
---------------------------------------------------------------------------

    Of course, the basis for the policy shift being announced today is 
the Department's reform and improvement of the Part 83 process. The 
recently revised Part 83 regulations promote fairness, integrity, 
efficiency and flexibility. No group should be denied access to other 
mechanisms if the only administrative avenue available to them is 
widely considered ``broken.'' Thus, this policy guidance is contingent 
on the Department's ability to implement Part 83, as reformed. If in 
the future the newly reformed Part 83 process is not in effect and 
being implemented, this policy guidance is deemed rescinded.
    To conclude, any group within the contiguous 48 states seeking 
Federal acknowledgment as an Indian tribe administratively must 
petition under 25 CFR part 83 from this date forward. The decision to 
use only the recently reformed Part 83 process from this point forward 
does not affect the validity of any determination made prior to the 
institution of this policy guidance; while the Department exercised its 
discretionary authority to use those methods of acknowledgment in the 
past, it no longer will.

    Dated: June 26, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2015-16194 Filed 6-30-15; 8:45 am]
 BILLING CODE 4337-15-P