Land Buy-Back Program for Tribal Nations Under Cobell Settlement, 17681-17683 [2017-07417]
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17681
Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices
SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2016—Continued
Housing agency
Address
Units
TN: MEMPHIS HOUSING AUTHORITY ......................
TN: TENNESSEE HOUSING DEV AGENCY ..............
WA: HOUS AUTH OF THE CITY OF YAKIMA ...........
P.O. BOX 3664, MEMPHIS, TN 38103 .......................
502 DEADERICK STREET, 3RD FLOOR, NASHVILLE, TN 37243.
901 CHAMBERLAYNE PARKWAY, P.O. BOX 26887,
RICHMOND, VA 23261.
600 PARK AVENUE, BREMERTON, WA 98337 ........
902 SOUTH ‘‘L’’ STREET, SUITE 2C, TACOMA, WA
98405.
810 N 6TH AVE., YAKIMA, WA 98902 ........................
Total for Termination/Opt-out Vouchers ................
Total for Housing TP ......................................
Award
359
15
2,309,174
79,630
132
1,031,437
30
48
220,381
427,018
32
136,551
.......................................................................................
2,003
14,994,664
.......................................................................................
5,098
48,949,103
1715 W. MOUNTAIN AVE., FORT COLLINS, CO
80521.
8120 KINSMAN ROAD, CLEVELAND, OH 44104 ......
P.O. BOX 7668, ST. THOMAS, VI 00801 ...................
120 SIXTH AVENUE NORTH, P.O. BOX 19028, SEATTLE, WA 98109.
12
97,598
3
7
74
18,674
60,273
497,333
Total for SRO—Replacement ...............................
.......................................................................................
96
673,878
Total for CPD TPV .........................................
.......................................................................................
96
673,878
Grand Total .............................................
.......................................................................................
9,606
86,970,667
VA: RICHMOND REDEVELOPMENT & H/A ...............
WA: HA OF THE CITY OF BREMERTON ..................
WA: HOUS AUTH OF THE CITY OF TACOMA ..........
CPD TPV
SRO—Replacement
CO: FORT COLLINS HSG AUTH ................................
OH: CUYAHOGA MHA ................................................
VQ: VIRGIN ISLANDS HOUSING AUTHORITY .........
WA: SEATTLE HOUSING AUTHORITY ......................
[FR Doc. 2017–07390 Filed 4–11–17; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[133D5670LC DS10100000
DLCAP0000.000000 WBS DX.10120]
Land Buy-Back Program for Tribal
Nations Under Cobell Settlement
Office of the Secretary, Interior.
Notice.
AGENCY:
ACTION:
The Land Buy-Back Program
for Tribal Nations will host its annual
Listening Session on April 25, 2017, at
the Tulalip Resort Casino’s hotel in
Tulalip, Washington. As described
below, the Program hopes to receive
feedback from tribes and individuals on
critical issues related to Program
implementation, future efforts to reduce
land fractionation, and its 2016 Status
Report.
DATES: The Listening Session will take
place from 1 p.m. to 5 p.m. on April 25,
2017, at the Tulalip Resort Casino’s
hotel in Tulalip, WA.
ADDRESSES: The Listening Session will
be held at the Tulalip Resort Casino’s
hotel, 10200 Quil Ceda Blvd., Tulalip,
WA 98271. The 2016 Status Report on
mstockstill on DSK30JT082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:45 Apr 11, 2017
Jkt 241001
the Program is available at https://www.
doi.gov/sites/doi.gov/files/uploads/
2016_buy-back_program_final_0.pdf.
Submit written feedback on the Program
by email to buybackprogram@
ios.doi.gov or by mail to U.S.
Department of the Interior Land BuyBack Program for Tribal Nations, 1849 C
Street NW., MS–3543, Washington, DC
20240.
FOR FURTHER INFORMATION CONTACT:
Tribal staff can contact Michael Estes at
(202) 642–0912 or at buybackprogram@
ios.doi.gov with questions regarding
Program implementation. Landowners
should contact the Trust Beneficiary
Call Center at 1–888–678–6836 with
questions or to express their interest in
Program participation. Persons who use
a telecommunications device for the
deaf (TDD) may call the Federal Relay
Service at 1–800–877–8339 to contact
the above individual during normal
business hours. The Service is available
24 hours a day, seven days a week, to
leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Background
The Land Buy-Back Program for
Tribal Nations (Buy-Back Program) is
the Department of the Interior’s
(Department) collaborative effort with
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
Indian Country to realize the historic
opportunity afforded by the Cobell
Settlement—a $1.9 billion Trust Land
Consolidation Fund—to compensate
individuals who willingly choose to sell
fractional land interests for fair market
value. Consolidated interests are
immediately restored to tribal trust
ownership for uses benefiting the
reservation community and tribal
members.
Since the Program began making
offers in December 2013, more than $1.1
billion has been paid to landowners,
over 680,000 fractional interests have
been consolidated (representing a 23
percent reduction), and the equivalent
of nearly 2.1 million acres of land have
been transferred to tribal governments.
Tribal ownership is now greater than 50
percent in more than 13,500 tracts of
land. The Program recently released its
annual Status Report, which highlights
the steps taken to date to consolidate
fractional interests: (https://
www.doi.gov/sites/doi.gov/files/
uploads/2016_buy-back_program_final_
0.pdf).
The Buy-Back Program’s
implementation schedule currently
includes 105 locations through mid2021, which reflects more than 96
percent of all landowners with
fractional interests and more than 98
percent of both the purchasable
fractional interests and equivalent acres
E:\FR\FM\12APN1.SGM
12APN1
17682
Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices
in Program-eligible areas: (https://
www.doi.gov/buybackprogram/programimplementation-schedule).
Even with the Program’s significant
progress to date—and the results
expected through its congressional
funding authorization in 2022—the
resources created by the Cobell
Settlement will not be sufficient to
purchase all fractional interests across
Indian Country. Sustained
Departmental, congressional, and tribal
attention will be necessary to address
fractionation and maximize the value of
the land base for the benefit of tribal
communities.
mstockstill on DSK30JT082PROD with NOTICES
II. Listening Session Agenda
The participation and engagement of
tribal nations and landowners have been
critical to the success of the Buy-Back
Program, and the significant results to
date stem directly from that
collaboration. The purpose of the
upcoming Listening Session is to gather
input from Indian Country on Program
implementation, and to discuss steps to
continue to address fractionation and
the challenges it poses for tribal
sovereignty and effective land use. The
Listening Session agenda is as follows:
9:00 a.m.–11:00 a.m.—Landowner
Outreach Event (Subject matter
experts will conduct an informational
session to include appraisals,
acquisitions, and financial education)
9:00 a.m.–1:00 p.m.—Resource Tables
open (Staff available to provide
information about the Program,
register willing sellers, and answer
landowner questions)
1:00 p.m.—Listening Session begins;
Opening Remarks; Program
Presentation
1:50 p.m.—Comment Period—Tribal
Leaders; Comment Period—Individual
Landowners & General Public
3:30 p.m.—Presentation on Future of
Consolidation Work
3:50 p.m.—Comment Period—Tribal
Leaders; Comment Period—Individual
Landowners & General Public
5:00 p.m.—Listening Session ends;
Resource Tables re-open
5:30 p.m.—Resource Tables close
III. Seeking Tribal and Individual Input
Tribal input has been critical to
making necessary enhancements to the
Buy-Back Program. Feedback received
from tribes and individuals has led
directly to many of the measures
incorporated since the creation of the
Program. This includes feedback
received from tribal leaders who most
recently testified during the Senate
Committee on Indian Affairs’ oversight
hearing in December 2016 regarding
Program implementation (https://
VerDate Sep<11>2014
18:45 Apr 11, 2017
Jkt 241001
www.doi.gov/sites/doi.gov/files/
uploads/dep_sec_testimony_before_
scia_2016.pdf).
The Program intends to make progress
in a number of areas over the coming
year (further explored in the ‘‘Next
Steps’’ section of the 2016 Status
Report). Tribes, landowners and others
may provide written feedback on the
Buy-Back Program. While the Program
welcomes ongoing feedback, comments
received by May 31, 2017, will be most
helpful. While feedback is welcome
related to any aspect of the Program, the
following areas are of particular interest:
1. Locations Where Implementations
May Occur. Based on tribal feedback,
the Program has used various criteria to
determine the best sequence of
implementation, including: Severity of
fractionation (a location’s number of
fractionated tracts, interests, and acres);
degree of ownership overlap between
locations or geographic proximity;
diversity of geographic locations to
maximize efficiency, resources, and
learning opportunities; appraisal
complexity; overall interest of the tribe
as demonstrated through the fiscal year
(FY) 2014 open solicitation and FY 2016
Planning Initiative periods; number of
owners who have demonstrated an
interest in selling fractional interests;
and cost and time efficiency.
The Buy-Back Program’s
implementation schedule includes 105
locations through mid-2021. However,
the Program continually evaluates its
resources and progress and will
determine whether the schedule should
be updated, to include adding locations
not currently scheduled, removing
locations on the existing schedule, and/
or returning to locations where purchase
offers have already been sent. This
evaluation will consider the potential
for unused funds reserved for
implementation costs and whether and
how such funds could be used to further
address fractionation. The Program will
actively monitor sales and actual or
anticipated costs of implementation at
less fractionated or more complicated
locations (e.g., those that involve
restricted fee interests, unique laws—
such as the Five Tribes in Eastern
Oklahoma, and site-specific appraisals).
The Program seeks feedback on what
factors should be taken into
consideration as it plans for future
implementation with any remaining
resources it may have.
2. Off-Reservation Tracts (e.g., Public
Domain). Under the Settlement,
fractional interests acquired by the
Program will be held in trust for the
tribe with jurisdiction over the land.
However, tribal jurisdiction over offreservation allotments may be unclear
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
or even disputed. In its 2014 Status
Report and Federal Register Notices
dated November 24, 2014, and March 3,
2015, the Program requested feedback
on whether and if so, how, the Program
should incorporate off-reservation
tracts, including any suggested
standards or processes that could be
applied. Tribal feedback encouraged the
Program to consider acquisition of offreservation interests. The Program’s
2016 Status Report states that the
Program would consider inclusion of
off-reservation tracts if tribal
jurisdiction exists, acquisition meets the
Program’s implementation factors, and
resources allow.
As contemplated in its 2016 Status
Report, the Program seeks further input
on implementation of this policy. First,
given the Program’s limited resources,
the Program requests input on the
relative priority of dedicating financial
resources to off-reservation tracts when
there is a significant amount of
fractionated land located within
reservation boundaries. Prioritizing the
Program’s limited resources toward
addressing on-reservation fractional
interests may better facilitate more
efficient administration of the
individual Indian trust and the
longstanding ‘‘policy of the United
States to encourage and assist the
consolidation of land ownership . . . in
a manner consistent with the policy of
maintaining the trust status of allotted
lands. . . .’’ (25 U.S.C. 2216(a)). Second,
the Program also requests input on the
approach the Program will use for
determining if tribal jurisdiction exists,
assuming that resources are available to
pursue off-reservation lands and
consistent with Program priorities. In
order to determine whether there is
tribal jurisdiction, the Program proposes
to consider various factors relative to
the off-reservation tract(s) at issue, such
as:
a. Treaties, statutes, executive orders,
patents, or other legal instruments or
laws applicable to the tract;
b. Whether the tract is held in trust or
restricted status;
c. Whether the tribe seeking to
participate in the Program has an
ownership interest in the tract and how
the interest was acquired;
d. Whether another tribe or tribes own
an interest in the tract and how the
interest was acquired;
e. Tribal membership of the
individuals who own fractional interests
in the tract;
f. Types of governmental services
provided to the tract and by whom
(tribe, federal, state, county, or other
government);
E:\FR\FM\12APN1.SGM
12APN1
Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices
mstockstill on DSK30JT082PROD with NOTICES
g. Whether a local BIA office serves or
performs activities relative to the tract;
h. Whether the tract is located within
an original or other reservation
boundary;
i. Whether the tract is adjacent to a
reservation boundary;
j. The distance of the tract from a
reservation boundary if not within or
adjacent to a reservation boundary;
k. Whether tribal jurisdiction is
recognized by other tribes, counties,
and/or states; and;
l. Whether there are competing claims
of jurisdiction over the tract involving
other tribes, including past or current
litigation.
The above factors are intended to be
applied on a case-by-case basis in an
uncomplicated fashion, recognizing the
unique goals and parameters of the
Cobell Settlement Agreement and the
Claims Resolution Act of 2010.
3. Looking Beyond 2022. The Program
anticipates that more than 4 million
equivalent purchasable fractionated
acres may still exist after it fully
expends the Consolidation Fund, which
is expected to occur by November 24,
2022 (the date by which the Settlement
dictates that any remaining funds be
returned to the U.S. Department of the
Treasury). Even with the Program’s
significant progress to date—and the
results expected through 2022—
fractionation will continue to be an
extremely complicated, ongoing
problem in the long term. The
Department will continue to work with
Indian Country to explore options for
land consolidation and requests tribal
input and ideas on potential solutions
and options for addressing long-term
fractionation.
IV. Additional Resources
The Land Buy-Back Program for
Tribal Nations’ 2016 Status Report and
additional information about the BuyBack Program is available at: https://
www.doi.gov/buybackprogram. In
addition, landowners can contact the
Trust Beneficiary Call Center at 888–
678–6836 or visit their local Office of
the Special Trustee for American
Indians (OST) to ask questions about
their land or purchase offers, and learn
about financial planning resources.
More information and detailed
frequently asked questions are available
at https://www.doi.gov/
buybackprogram/FAQ to help
individuals make informed decisions
about their land.
Authority
This notice is published pursuant to
the Claims Resolution Act of 2010,
Public Law 111–291, 124 Stat. 3064
VerDate Sep<11>2014
18:45 Apr 11, 2017
Jkt 241001
(2010) and the Cobell Settlement
Agreement, Cobell v. Salazar, No.
1:96CV01285–JR (D. DC Dec. 7, 2009).
John H. McClanahan,
Director, Land Buy-Back Program for Tribal
Nations.
[FR Doc. 2017–07417 Filed 4–11–17; 8:45 am]
BILLING CODE 4334–63–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCON06000–L16100000–DR0000–17X]
Notice of Public Meeting for the
Dominguez-Escalante National
Conservation Area Advisory Council,
Colorado
Bureau of Land Management,
Interior.
ACTION: Notice of Meeting.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act of 1976 and the Federal Advisory
Committee Act of 1972, the U.S.
Department of the Interior, Bureau of
Land Management (BLM) DominguezEscalante National Conservation Area
(NCA) Advisory Council will meet as
indicated below.
DATES: The meeting will be held May 3,
2017, from 3:00 p.m. to 6:00 p.m. Public
comments regarding matters on the
agenda will be held at 4:15 p.m. and
5:30 p.m.
Any adjustments to this meeting
schedule will be advertised on the
Dominguez-Escalante NCA RMP Web
site: https://1.usa.gov/1qKkMVi.
ADDRESSES: The meeting will be held at
the Bill Heddles Recreation Center, 530
Gunnison River Drive, Delta, CO 81416.
FOR FURTHER INFORMATION CONTACT:
Collin Ewing, Advisory Council
Designated Federal Official, 2815 H
Road, Grand Junction, CO 81506. Phone:
(970) 244–3049. Email: cewing@blm.gov.
Persons who use a telecommunications
device for the deaf may call the Federal
Relay Service at 1–800–877–8339 to
contact the above individual during
normal business hours. The Service is
available 24 hours a day, seven days a
week, to leave a message or question
with the above individual. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: The tenmember Council advises the Secretary
of the Interior, through the BLM, on a
variety of planning and management
issues associated with the Resource
Management Plan (RMP) process for the
Dominguez-Escalante NCA and
Dominguez Canyon Wilderness.
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
17683
Topics of discussion during the
meeting will include presentations from
BLM staff on implementation of the
approved RMP, the process for
development of new trails, and public
comments.
The meeting is open to the public,
and the agenda allocates time, as
identified above, for public comments.
Depending on the number of persons
wishing to comment and time available,
the time for individual oral comments
may be limited at the discretion of the
chair. The public may also present
written comments to the Council at the
meeting.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Gregory P. Shoop,
BLM Colorado Associate State Director.
[FR Doc. 2017–07372 Filed 4–11–17; 8:45 am]
BILLING CODE 4310–JB–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWO220000.L10200000.PK0000]
Renewal of Approved Information
Collection; OMB Control No. 1004–
0041
Bureau of Land Management,
Interior.
ACTION: 60-Day notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act, the Bureau of
Land Management (BLM) invites public
comments on, and plans to request
approval to continue, the collection of
information from applicants for grazing
permits and leases, and from holders of
grazing permits and leases. The Office of
Management and Budget (OMB) has
assigned control number 1004–0041 to
this information collection.
DATES: Please submit comments on the
proposed information collection by June
12, 2017.
ADDRESSES: Comments may be
submitted by mail, fax, or electronic
mail.
Mail: U.S. Department of the Interior,
Bureau of Land Management, 1849 C
SUMMARY:
E:\FR\FM\12APN1.SGM
12APN1
]]>Agencies
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17681-17683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07417]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[133D5670LC DS10100000 DLCAP0000.000000 WBS DX.10120]
Land Buy-Back Program for Tribal Nations Under Cobell Settlement
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Land Buy-Back Program for Tribal Nations will host its
annual Listening Session on April 25, 2017, at the Tulalip Resort
Casino's hotel in Tulalip, Washington. As described below, the Program
hopes to receive feedback from tribes and individuals on critical
issues related to Program implementation, future efforts to reduce land
fractionation, and its 2016 Status Report.
DATES: The Listening Session will take place from 1 p.m. to 5 p.m. on
April 25, 2017, at the Tulalip Resort Casino's hotel in Tulalip, WA.
ADDRESSES: The Listening Session will be held at the Tulalip Resort
Casino's hotel, 10200 Quil Ceda Blvd., Tulalip, WA 98271. The 2016
Status Report on the Program is available at https://www.doi.gov/sites/doi.gov/files/uploads/2016_buy-back_program_final_0.pdf. Submit written
feedback on the Program by email to buybackprogram@ios.doi.gov or by
mail to U.S. Department of the Interior Land Buy-Back Program for
Tribal Nations, 1849 C Street NW., MS-3543, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Tribal staff can contact Michael Estes
at (202) 642-0912 or at buybackprogram@ios.doi.gov with questions
regarding Program implementation. Landowners should contact the Trust
Beneficiary Call Center at 1-888-678-6836 with questions or to express
their interest in Program participation. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal Relay
Service at 1-800-877-8339 to contact the above individual during normal
business hours. The Service is available 24 hours a day, seven days a
week, to leave a message or question with the above individual. You
will receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Background
The Land Buy-Back Program for Tribal Nations (Buy-Back Program) is
the Department of the Interior's (Department) collaborative effort with
Indian Country to realize the historic opportunity afforded by the
Cobell Settlement--a $1.9 billion Trust Land Consolidation Fund--to
compensate individuals who willingly choose to sell fractional land
interests for fair market value. Consolidated interests are immediately
restored to tribal trust ownership for uses benefiting the reservation
community and tribal members.
Since the Program began making offers in December 2013, more than
$1.1 billion has been paid to landowners, over 680,000 fractional
interests have been consolidated (representing a 23 percent reduction),
and the equivalent of nearly 2.1 million acres of land have been
transferred to tribal governments. Tribal ownership is now greater than
50 percent in more than 13,500 tracts of land. The Program recently
released its annual Status Report, which highlights the steps taken to
date to consolidate fractional interests: (https://www.doi.gov/sites/doi.gov/files/uploads/2016_buy-back_program_final_0.pdf).
The Buy-Back Program's implementation schedule currently includes
105 locations through mid-2021, which reflects more than 96 percent of
all landowners with fractional interests and more than 98 percent of
both the purchasable fractional interests and equivalent acres
[[Page 17682]]
in Program-eligible areas: (https://www.doi.gov/buybackprogram/program-implementation-schedule).
Even with the Program's significant progress to date--and the
results expected through its congressional funding authorization in
2022--the resources created by the Cobell Settlement will not be
sufficient to purchase all fractional interests across Indian Country.
Sustained Departmental, congressional, and tribal attention will be
necessary to address fractionation and maximize the value of the land
base for the benefit of tribal communities.
II. Listening Session Agenda
The participation and engagement of tribal nations and landowners
have been critical to the success of the Buy-Back Program, and the
significant results to date stem directly from that collaboration. The
purpose of the upcoming Listening Session is to gather input from
Indian Country on Program implementation, and to discuss steps to
continue to address fractionation and the challenges it poses for
tribal sovereignty and effective land use. The Listening Session agenda
is as follows:
9:00 a.m.-11:00 a.m.--Landowner Outreach Event (Subject matter experts
will conduct an informational session to include appraisals,
acquisitions, and financial education)
9:00 a.m.-1:00 p.m.--Resource Tables open (Staff available to provide
information about the Program, register willing sellers, and answer
landowner questions)
1:00 p.m.--Listening Session begins; Opening Remarks; Program
Presentation
1:50 p.m.--Comment Period--Tribal Leaders; Comment Period--Individual
Landowners & General Public
3:30 p.m.--Presentation on Future of Consolidation Work
3:50 p.m.--Comment Period--Tribal Leaders; Comment Period--Individual
Landowners & General Public
5:00 p.m.--Listening Session ends; Resource Tables re-open
5:30 p.m.--Resource Tables close
III. Seeking Tribal and Individual Input
Tribal input has been critical to making necessary enhancements to
the Buy-Back Program. Feedback received from tribes and individuals has
led directly to many of the measures incorporated since the creation of
the Program. This includes feedback received from tribal leaders who
most recently testified during the Senate Committee on Indian Affairs'
oversight hearing in December 2016 regarding Program implementation
(https://www.doi.gov/sites/doi.gov/files/uploads/dep_sec_testimony_before_scia_2016.pdf).
The Program intends to make progress in a number of areas over the
coming year (further explored in the ``Next Steps'' section of the 2016
Status Report). Tribes, landowners and others may provide written
feedback on the Buy-Back Program. While the Program welcomes ongoing
feedback, comments received by May 31, 2017, will be most helpful.
While feedback is welcome related to any aspect of the Program, the
following areas are of particular interest:
1. Locations Where Implementations May Occur. Based on tribal
feedback, the Program has used various criteria to determine the best
sequence of implementation, including: Severity of fractionation (a
location's number of fractionated tracts, interests, and acres); degree
of ownership overlap between locations or geographic proximity;
diversity of geographic locations to maximize efficiency, resources,
and learning opportunities; appraisal complexity; overall interest of
the tribe as demonstrated through the fiscal year (FY) 2014 open
solicitation and FY 2016 Planning Initiative periods; number of owners
who have demonstrated an interest in selling fractional interests; and
cost and time efficiency.
The Buy-Back Program's implementation schedule includes 105
locations through mid-2021. However, the Program continually evaluates
its resources and progress and will determine whether the schedule
should be updated, to include adding locations not currently scheduled,
removing locations on the existing schedule, and/or returning to
locations where purchase offers have already been sent. This evaluation
will consider the potential for unused funds reserved for
implementation costs and whether and how such funds could be used to
further address fractionation. The Program will actively monitor sales
and actual or anticipated costs of implementation at less fractionated
or more complicated locations (e.g., those that involve restricted fee
interests, unique laws--such as the Five Tribes in Eastern Oklahoma,
and site-specific appraisals). The Program seeks feedback on what
factors should be taken into consideration as it plans for future
implementation with any remaining resources it may have.
2. Off-Reservation Tracts (e.g., Public Domain). Under the
Settlement, fractional interests acquired by the Program will be held
in trust for the tribe with jurisdiction over the land. However, tribal
jurisdiction over off-reservation allotments may be unclear or even
disputed. In its 2014 Status Report and Federal Register Notices dated
November 24, 2014, and March 3, 2015, the Program requested feedback on
whether and if so, how, the Program should incorporate off-reservation
tracts, including any suggested standards or processes that could be
applied. Tribal feedback encouraged the Program to consider acquisition
of off-reservation interests. The Program's 2016 Status Report states
that the Program would consider inclusion of off-reservation tracts if
tribal jurisdiction exists, acquisition meets the Program's
implementation factors, and resources allow.
As contemplated in its 2016 Status Report, the Program seeks
further input on implementation of this policy. First, given the
Program's limited resources, the Program requests input on the relative
priority of dedicating financial resources to off-reservation tracts
when there is a significant amount of fractionated land located within
reservation boundaries. Prioritizing the Program's limited resources
toward addressing on-reservation fractional interests may better
facilitate more efficient administration of the individual Indian trust
and the longstanding ``policy of the United States to encourage and
assist the consolidation of land ownership . . . in a manner consistent
with the policy of maintaining the trust status of allotted lands. . .
.'' (25 U.S.C. 2216(a)). Second, the Program also requests input on the
approach the Program will use for determining if tribal jurisdiction
exists, assuming that resources are available to pursue off-reservation
lands and consistent with Program priorities. In order to determine
whether there is tribal jurisdiction, the Program proposes to consider
various factors relative to the off-reservation tract(s) at issue, such
as:
a. Treaties, statutes, executive orders, patents, or other legal
instruments or laws applicable to the tract;
b. Whether the tract is held in trust or restricted status;
c. Whether the tribe seeking to participate in the Program has an
ownership interest in the tract and how the interest was acquired;
d. Whether another tribe or tribes own an interest in the tract and
how the interest was acquired;
e. Tribal membership of the individuals who own fractional
interests in the tract;
f. Types of governmental services provided to the tract and by whom
(tribe, federal, state, county, or other government);
[[Page 17683]]
g. Whether a local BIA office serves or performs activities
relative to the tract;
h. Whether the tract is located within an original or other
reservation boundary;
i. Whether the tract is adjacent to a reservation boundary;
j. The distance of the tract from a reservation boundary if not
within or adjacent to a reservation boundary;
k. Whether tribal jurisdiction is recognized by other tribes,
counties, and/or states; and;
l. Whether there are competing claims of jurisdiction over the
tract involving other tribes, including past or current litigation.
The above factors are intended to be applied on a case-by-case
basis in an uncomplicated fashion, recognizing the unique goals and
parameters of the Cobell Settlement Agreement and the Claims Resolution
Act of 2010.
3. Looking Beyond 2022. The Program anticipates that more than 4
million equivalent purchasable fractionated acres may still exist after
it fully expends the Consolidation Fund, which is expected to occur by
November 24, 2022 (the date by which the Settlement dictates that any
remaining funds be returned to the U.S. Department of the Treasury).
Even with the Program's significant progress to date--and the results
expected through 2022--fractionation will continue to be an extremely
complicated, ongoing problem in the long term. The Department will
continue to work with Indian Country to explore options for land
consolidation and requests tribal input and ideas on potential
solutions and options for addressing long-term fractionation.
IV. Additional Resources
The Land Buy-Back Program for Tribal Nations' 2016 Status Report
and additional information about the Buy-Back Program is available at:
https://www.doi.gov/buybackprogram. In addition, landowners can contact
the Trust Beneficiary Call Center at 888-678-6836 or visit their local
Office of the Special Trustee for American Indians (OST) to ask
questions about their land or purchase offers, and learn about
financial planning resources. More information and detailed frequently
asked questions are available at https://www.doi.gov/buybackprogram/FAQ
to help individuals make informed decisions about their land.
Authority
This notice is published pursuant to the Claims Resolution Act of
2010, Public Law 111-291, 124 Stat. 3064 (2010) and the Cobell
Settlement Agreement, Cobell v. Salazar, No. 1:96CV01285-JR (D. DC Dec.
7, 2009).
John H. McClanahan,
Director, Land Buy-Back Program for Tribal Nations.
[FR Doc. 2017-07417 Filed 4-11-17; 8:45 am]
BILLING CODE 4334-63-P
