Rights-of-Way on Indian Land, 19877-19878 [2016-07868]
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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
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SUMMARY:
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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.
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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?
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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: https://
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 &
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SUMMARY:
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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
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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
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]]>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: https://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
