Rights-of-Way on Indian Land, 19877-19878 [2016-07868]

Download as PDF Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 169 [167 A2100DD/AAKC001030/ A0A501010.999900] RIN 1076–AF20 Rights-of-Way on Indian Land AGENCY: Bureau of Indian Affairs, Interior. Final rule; guidance on applicability. ACTION: The Bureau of Indian Affairs (BIA) published a final rule on November 19, 2015, governing rights-ofway on Indian land, which stated that procedural provisions of the final rule would apply (with certain exceptions) to rights-of-way granted or submitted to BIA prior to the effective date of the final rule. This document provides guidance on what provisions the Department considers to be ‘‘procedural provisions’’ that are applicable to rightsof-way granted or submitted prior to the effective date of the final rule. DATES: This guidance is effective on April 6, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action, Office of the Assistant Secretary—Indian Affairs, U.S. Department of the Interior (202) 273– 4680; elizabeth.appel@bia.gov. SUPPLEMENTARY INFORMATION: On November 19, 2015, BIA published a final rule addressing rights-of-way on Indian land and BIA land. See 80 FR 72492. In a document published December 21, 2015, BIA extended the effective date of the rule to March 21, 2016, in response to requests from Tribes and industry. See 80 FR 79258. BIA again extended the effective date of the final rule to April 21, 2016. See 81 FR 14976 (March 21, 2016). In § 169.7(b), the final rule states that its procedural provisions apply to rights-of-way that were granted prior to the final rule’s effective date (with certain exceptions). Likewise, in § 169.7(c)(2), the final rule states that if an application for a right-of-way was pending as of the effective date of the final rule, and the applicant chose not to withdraw and resubmit the application on or after the final rule’s effective date, the procedural provisions of the final rule apply (with certain exceptions) once BIA issues the right-ofway grant. In either situation, if the procedural provisions of the final rule conflict with the explicit provisions of asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 the right-of-way grant or statute authorizing the right-of-way document, then the provisions of the right-of-way grant or authorizing statute will apply. In short, if a right-of-way was granted prior to the effective date of the rule, or an application for a right-of-way was pending as of the effective date of the rule, only the procedural provisions of the final rule apply to those grants and the other provisions do not apply to those grants. If an existing right-of-way is amended, assigned, or mortgaged, on or after the effective date of the rule, the final rule’s procedural provisions apply to that amendment, assignment, or mortgage. An ‘‘existing right-of-way’’ is a grant issued before the effective date of the final rule, or a grant for which the application was pending on the effective date of the final rule is issued after the effective date of the final rule. This document provides guidance regarding which provisions BIA considers procedural (and thus applicable to all right-of-way grants, regardless of when issued, and applicable to all amendments, assignments, and mortgages of existing right-of-way grants, unless the procedural provision conflicts with the explicit provisions of the right-of-way grant or authorizing statute). Procedural Provisions in Final Rightsof-Way on Indian Land Rule Subpart A—Purpose, Definitions, General Provisions • § 169.12 How does BIA provide notice to the parties to a right-of-way? • § 169.13 May decisions under this part be appealed? Subpart B—Service Line Agreements • [No procedural provisions] Note: If you have a service line that is not in compliance with the older version of the regulations, you may be in trespass. Subpart C—Obtaining a Right-of-Way • § 169.107 Must I obtain tribal or individual Indian landowner consent for a right-of-way across Indian land? Note: This provision is procedural only with regard to the grant of an amendment, assignment, or mortgage of an existing right-of-way after the effective date of the final rule; otherwise, it is prospective. • § 169.109 Whose consent do I need for a right-of-way when there is a life estate on the tract? Note: This provision is procedural only with regard to the grant of an amendment, assignment, or mortgage of an existing right-of-way after the effective date of the final rule; otherwise, it is prospective. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 19877 • § 169.119 Will BIA notify a grantee when a payment is due for a right-ofway? • § 169.127 Is a new right-of-way grant required for a new use within or overlapping an existing right-of-way? • § 169.129 What is required if the location described in the original application and grant differs from the construction location? Subpart D—Duration, Renewals, Amendments, Assignments, Mortgages • § 169.202 Under what circumstances will a grant of right-ofway be renewed? • § 169.203 May a right-of-way be renewed multiple times? • § 169.204 May a grantee amend a right-of-way? • § 169.205 What is the approval process for an amendment of a right-ofway? • § 169.206 How will BIA decide whether to approve an amendment of a right-of-way? • § 169.207 May a grantee assign a right-of-way? • § 169.208 What is the approval process for an assignment of a right-ofway? • § 169.209 How will BIA decide whether to approve an assignment of a right-of-way? • § 169.210 May a grantee mortgage a right-of-way? • § 169.211 What is the approval process for a mortgage of a right-of-way? • § 169.212 How will BIA decide whether to approve a mortgage of a right-of-way? Subpart E—Effectiveness • § 169.301 When will a right-of-way document be effective? • § 169.302 Must a right-of-way be recorded? • § 169.303 What happens if BIA denies a right-of-way document? • § 169.304 What happens if BIA does not meet a deadline for issuing a decision on a right-of-way document? • § 169.305 Will BIA require an appeal bond for an appeal of a decision on a right-of-way document? Subpart F—Compliance and Enforcement • § 169.402 Who may investigate compliance with a right-of-way? • § 169.404 What will BIA do about a violation of a right-of-way grant? • § 169.405 What will BIA do if the grantee does not cure a violation of a right-of-way grant on time? • § 169.406 Will late payment charges, penalties, or special fees apply to delinquent payments due under a right-of-way grant? E:\FR\FM\06APR1.SGM 06APR1 19878 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations • § 169.407 How will payment rights relating to a right-of-way grant be allocated? • § 169.408 What is the process for cancelling a right-of-way for non-use or abandonment? • § 169.409 When will a cancellation of a right-of-way grant be effective? • § 169.410 What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled? • § 169.411 Will BIA appeal bond regulations apply to cancellation decisions involving right-of-way grants? • § 169.412 When will BIA issue a decision on an appeal from a right-ofway decision? • § 169.415 How will BIA conduct compliance and enforcement when there is a life estate on the tract? All other provisions of the final rule are general statements or apply prospectively only. A chart providing more information on each provision and how it applies can be viewed at: http:// www.bia.gov/WhoWeAre/AS–IA/ORM/ RightsofWay/index.htm. Dated: March 29, 2016. Lawrence S. Roberts, Acting Assistant Secretary—Indian Affairs. [FR Doc. 2016–07868 Filed 4–5–16; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 554 Burundi Sanctions Regulations Office of Foreign Assets Control, Treasury. ACTION: Final rule. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is issuing regulations to implement Executive Order 13712 of November 22, 2015 (‘‘Blocking Property of Certain Persons Contributing to the Situation in Burundi’’). OFAC intends to supplement this part 554 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance and additional general licenses and statements of licensing policy. DATES: Effective: April 6, 2016. FOR FURTHER INFORMATION CONTACT: The Department of the Treasury’s Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202–622– 2480, Assistant Director for Regulatory Affairs, tel.: 202–622–4855, Assistant Director for Sanctions Compliance & asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 Evaluation, tel.: 202–622–2490; or the Department of the Treasury’s Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202–622–2410. SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s Web site (www.treasury.gov/ofac). Certain general information pertaining to OFAC’s sanctions programs also is available via facsimile through a 24-hour fax-ondemand service, tel.: 202/622–0077. Background On November 22, 2015, the President issued Executive Order 13712 (80 FR 73633, November 25, 2015) (E.O. 13712), invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701– 1706). OFAC is issuing the Burundi Sanctions Regulations, 31 CFR part 554 (the ‘‘Regulations’’), to implement E.O. 13712, pursuant to authorities delegated to the Secretary of the Treasury in E.O. 13712. A copy of E.O. 13712 appears in Appendix A to this part. The Regulations are being published in abbreviated form at this time for the purpose of providing immediate guidance to the public. OFAC intends to supplement this part 554 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, and additional general licenses and statements of licensing policy. The appendix to the Regulations will be removed when OFAC supplements this part with a more comprehensive set of regulations. Public Participation Because the Regulations involve a foreign affairs function, the provisions of Executive Order 12866 and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date are inapplicable. Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601–612) does not apply. Paperwork Reduction Act The collections of information related to the Regulations are contained in 31 CFR part 501 (the ‘‘Reporting, Procedures and Penalties Regulations’’). Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of information have been approved by the Office of Management and Budget under control number 1505– 0164. An agency may not conduct or PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number. List of Subjects in 31 CFR Part 554 Administrative practice and procedure, Banking, Banks, Blocking of assets, Brokers, Burundi, Credit, Foreign Trade, Investments, Loans, Securities, Services. For the reasons set forth in the preamble, the Department of the Treasury’s Office of Foreign Assets Control adds part 554 to 31 CFR chapter V to read as follows: PART 554—BURUNDI SANCTIONS REGULATIONS Subpart A—Relation of This Part to Other Laws and Regulations Sec. 554.101 Relation of this part to other laws and regulations. Subpart B—Prohibitions 554.201 Prohibited transactions. 554.202 Effect of transfers violating the provisions of this part. 554.203 Holding of funds in interestbearing accounts; investment and reinvestment. 554.204 Expenses of maintaining blocked property; liquidation of blocked property. Subpart C—General Definitions 554.300 Applicability of definitions. 554.301 Blocked account; blocked property. 554.302 Effective date. 554.303 Entity. 554.304 Financial, material, or technological support. 554.305 Interest. 554.306 Licenses; general and specific. 554.307 OFAC. 554.308 Person. 554.309 Property; property interest. 554.310 Transfer. 554.311 United States. 554.312 United States person; U.S. person. 554.313 U.S. financial institution. Subpart D—Interpretations 554.401 [Reserved] 554.402 Effect of amendment. 554.403 Termination and acquisition of an interest in blocked property. 554.404 Transactions ordinarily incident to a licensed transaction. 554.405 Setoffs prohibited. 554.406 Entities owned by one or more persons whose property and interests in property are blocked. Subpart E—Licenses, Authorizations, and Statements of Licensing Policy 554.501 General and specific licensing procedures. 554.502 [Reserved] 554.503 Exclusion from licenses. 554.504 Payments and transfers to blocked accounts in U.S. financial institutions. E:\FR\FM\06APR1.SGM 06APR1

Agencies

[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Rules and Regulations]
[Pages 19877-19878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07868]



[[Page 19877]]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 169

[167 A2100DD/AAKC001030/A0A501010.999900]
RIN 1076-AF20


Rights-of-Way on Indian Land

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule; guidance on applicability.

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

SUMMARY: The Bureau of Indian Affairs (BIA) published a final rule on 
November 19, 2015, governing rights-of-way on Indian land, which stated 
that procedural provisions of the final rule would apply (with certain 
exceptions) to rights-of-way granted or submitted to BIA prior to the 
effective date of the final rule. This document provides guidance on 
what provisions the Department considers to be ``procedural 
provisions'' that are applicable to rights-of-way granted or submitted 
prior to the effective date of the final rule.

DATES: This guidance is effective on April 6, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Director, Office 
of Regulatory Affairs & Collaborative Action, Office of the Assistant 
Secretary--Indian Affairs, U.S. Department of the Interior (202) 273-
4680; elizabeth.appel@bia.gov.

SUPPLEMENTARY INFORMATION: On November 19, 2015, BIA published a final 
rule addressing rights-of-way on Indian land and BIA land. See 80 FR 
72492. In a document published December 21, 2015, BIA extended the 
effective date of the rule to March 21, 2016, in response to requests 
from Tribes and industry. See 80 FR 79258. BIA again extended the 
effective date of the final rule to April 21, 2016. See 81 FR 14976 
(March 21, 2016).
    In Sec.  169.7(b), the final rule states that its procedural 
provisions apply to rights-of-way that were granted prior to the final 
rule's effective date (with certain exceptions). Likewise, in Sec.  
169.7(c)(2), the final rule states that if an application for a right-
of-way was pending as of the effective date of the final rule, and the 
applicant chose not to withdraw and resubmit the application on or 
after the final rule's effective date, the procedural provisions of the 
final rule apply (with certain exceptions) once BIA issues the right-
of-way grant. In either situation, if the procedural provisions of the 
final rule conflict with the explicit provisions of the right-of-way 
grant or statute authorizing the right-of-way document, then the 
provisions of the right-of-way grant or authorizing statute will apply. 
In short, if a right-of-way was granted prior to the effective date of 
the rule, or an application for a right-of-way was pending as of the 
effective date of the rule, only the procedural provisions of the final 
rule apply to those grants and the other provisions do not apply to 
those grants. If an existing right-of-way is amended, assigned, or 
mortgaged, on or after the effective date of the rule, the final rule's 
procedural provisions apply to that amendment, assignment, or mortgage. 
An ``existing right-of-way'' is a grant issued before the effective 
date of the final rule, or a grant for which the application was 
pending on the effective date of the final rule is issued after the 
effective date of the final rule.
    This document provides guidance regarding which provisions BIA 
considers procedural (and thus applicable to all right-of-way grants, 
regardless of when issued, and applicable to all amendments, 
assignments, and mortgages of existing right-of-way grants, unless the 
procedural provision conflicts with the explicit provisions of the 
right-of-way grant or authorizing statute).

Procedural Provisions in Final Rights-of-Way on Indian Land Rule

Subpart A--Purpose, Definitions, General Provisions

     Sec.  169.12 How does BIA provide notice to the parties to 
a right-of-way?
     Sec.  169.13 May decisions under this part be appealed?

Subpart B--Service Line Agreements

     [No procedural provisions] Note: If you have a service 
line that is not in compliance with the older version of the 
regulations, you may be in trespass.

Subpart C--Obtaining a Right-of-Way

     Sec.  169.107 Must I obtain tribal or individual Indian 
landowner consent for a right-of-way across Indian land? Note: This 
provision is procedural only with regard to the grant of an amendment, 
assignment, or mortgage of an existing right-of-way after the effective 
date of the final rule; otherwise, it is prospective.
     Sec.  169.109 Whose consent do I need for a right-of-way 
when there is a life estate on the tract? Note: This provision is 
procedural only with regard to the grant of an amendment, assignment, 
or mortgage of an existing right-of-way after the effective date of the 
final rule; otherwise, it is prospective.
     Sec.  169.119 Will BIA notify a grantee when a payment is 
due for a right-of-way?
     Sec.  169.127 Is a new right-of-way grant required for a 
new use within or overlapping an existing right-of-way?
     Sec.  169.129 What is required if the location described 
in the original application and grant differs from the construction 
location?

Subpart D--Duration, Renewals, Amendments, Assignments, Mortgages

     Sec.  169.202 Under what circumstances will a grant of 
right-of-way be renewed?
     Sec.  169.203 May a right-of-way be renewed multiple 
times?
     Sec.  169.204 May a grantee amend a right-of-way?
     Sec.  169.205 What is the approval process for an 
amendment of a right-of-way?
     Sec.  169.206 How will BIA decide whether to approve an 
amendment of a right-of-way?
     Sec.  169.207 May a grantee assign a right-of-way?
     Sec.  169.208 What is the approval process for an 
assignment of a right-of-way?
     Sec.  169.209 How will BIA decide whether to approve an 
assignment of a right-of-way?
     Sec.  169.210 May a grantee mortgage a right-of-way?
     Sec.  169.211 What is the approval process for a mortgage 
of a right-of-way?
     Sec.  169.212 How will BIA decide whether to approve a 
mortgage of a right-of-way?

Subpart E--Effectiveness

     Sec.  169.301 When will a right-of-way document be 
effective?
     Sec.  169.302 Must a right-of-way be recorded?
     Sec.  169.303 What happens if BIA denies a right-of-way 
document?
     Sec.  169.304 What happens if BIA does not meet a deadline 
for issuing a decision on a right-of-way document?
     Sec.  169.305 Will BIA require an appeal bond for an 
appeal of a decision on a right-of-way document?

Subpart F--Compliance and Enforcement

     Sec.  169.402 Who may investigate compliance with a right-
of-way?
     Sec.  169.404 What will BIA do about a violation of a 
right-of-way grant?
     Sec.  169.405 What will BIA do if the grantee does not 
cure a violation of a right-of-way grant on time?
     Sec.  169.406 Will late payment charges, penalties, or 
special fees apply to delinquent payments due under a right-of-way 
grant?

[[Page 19878]]

     Sec.  169.407 How will payment rights relating to a right-
of-way grant be allocated?
     Sec.  169.408 What is the process for cancelling a right-
of-way for non-use or abandonment?
     Sec.  169.409 When will a cancellation of a right-of-way 
grant be effective?
     Sec.  169.410 What will BIA do if a grantee remains in 
possession after a right-of-way expires or is terminated or cancelled?
     Sec.  169.411 Will BIA appeal bond regulations apply to 
cancellation decisions involving right-of-way grants?
     Sec.  169.412 When will BIA issue a decision on an appeal 
from a right-of-way decision?
     Sec.  169.415 How will BIA conduct compliance and 
enforcement when there is a life estate on the tract?
    All other provisions of the final rule are general statements or 
apply prospectively only. A chart providing more information on each 
provision and how it applies can be viewed at: http://www.bia.gov/WhoWeAre/AS-IA/ORM/RightsofWay/index.htm.

    Dated: March 29, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2016-07868 Filed 4-5-16; 8:45 am]
BILLING CODE 4337-15-P