Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
4Activity
0 of .
Results for:
No results containing your search query
P. 1
Proposed Rule: Indian trust management reform

Proposed Rule: Indian trust management reform

Ratings: (0)|Views: 89|Likes:
Published by Justia.com
Proposed Rule: Indian trust management reform, 45174-45244 [06-6622] Indian Affairs Bureau
Proposed Rule: Indian trust management reform, 45174-45244 [06-6622] Indian Affairs Bureau

More info:

Published by: Justia.com on May 02, 2008
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

10/14/2013

pdf

text

original

 
 Tuesday, August 8, 2006
Part IV 
Department of theInterior 
Bureau of Indian Affairs25 CFR Parts 15, 18, 150, et al.43 CFR Parts 4 and 30Indian Trust Management Reform;Proposed Rule
VerDate Aug<31>2005 21:07 Aug 07, 2006Jkt 208001PO 00000Frm 00001Fmt 4717Sfmt 4717E:\FR\FM\08AUP2.SGM08AUP2
  r  w   i   l   k   i  n  s  o  n   P   R   O   D   1   P   C   6   3  w   i   t   h   P   R   O   P   O   S   A   L   S
 
45174
Federal Register
/Vol. 71, No. 152/Tuesday, August 8, 2006/Proposed Rules
DEPARTMENT OF THE INTERIORBureau of Indian Affairs25 CFR Parts 15, 18, 150, 152, and 179Office of the Secretary43 CFR Parts 4 and 30
RIN 1076–AE59
Indian Trust Management Reform
AGENCY
:
Bureau of Indian Affairs, Officeof the Secretary, Interior.
ACTION
:
Proposed rule.
SUMMARY
:
The Bureau of Indian Affairs(BIA) and the Office of the Secretarypropose to amend several of theirregulations related to Indian trustmanagement to further fulfill theSecretary’s fiduciary responsibilities tofederally recognized tribes andindividual Indians and to meet theIndian trust management policiesarticulated by Congress in the IndianLand Consolidation Act (ILCA), asamended by the American IndianProbate Reform Act of 2004 (AIPRA).These amendments address Indian trustmanagement issues in the areas of probate, probate hearings and appeals,tribal probate codes, life estates andfuture interests in Indian land, theIndian land title of record; andconveyances of trust or restricted land.There is also an ‘‘Application forConsolidation by Sale’’ form that isassociated with one of theseamendments.
DATES
:
Please submit your comments byOctober 10, 2006.
ADDRESSES
:
You may submit comments,identified by the number 1076–AE59, byany of the following methods:—Federal rulemaking portal:
Follow theinstructions for submitting comments.—Web site at
—E-mail: 
Include the number 1076–AE59 in thesubject line of the message.—Fax: (202) 208–5320. Include thenumber 1076–AE59 in the subject lineof the message.—Mail: U.S. Department of the Interior,1849 C Street, NW., Mail Stop 4141,Washington, DC 20240—Hand delivery: Michele Singer, U.S.Department of the Interior, 1849 CStreet, NW., Washington, DC 20240.Comments on the informationcollection burdens, including commentson or requests for copies of the‘‘Application for Consolidation by Sale’’form, are separate from those on thesubstance of the rule. Send commentson the information collection burdensto: Interior Desk Officer 1076–AE59,Office of Management and Budget, e-mail:
or 202/395–6566 (fax). Please also send a copy of your comments to BIA at the locationspecified under the heading
ADDRESSES
.
FOR FURTHER INFORMATION CONTACT
:
Michele Singer, Counselor to theAssistant Secretary—Indian Affairs,Department of the Interior, Bureau of Indian Affairs, 1849 C Street NW., MailStop 4141, Washington, DC 20240,telephone (202) 273–4680.
SUPPLEMENTARY INFORMATION
:
I. Statutory AuthorityII. BackgroundA. History of the RuleB. The Need for this Proposed RulemakingC. Development of Proposed ReguatoryLanguageD. Status of Other Indian TrustManagement Reform RegulationsIII. Overview of Proposed RuleIV. Part-by-Part AnalysisA. 25 CFR Part 15B. 25 CFR Part 18C. 25 CFR Part 150D. 25 CFR Part 152E. 25 CFR Part 179F. 43 CFR Part 4G. 43 CFR Part 30V. Public CommentsA. Comments Received Prior to ThisPublicationB. Directions for Submitting CommentsVI. Procedural RequirementsA. Regulatory Planning and Review(Executive Order 12866)B. Regulatory Flexibility ActC. Small Business Regulatory Enforcementand Fairness ActD. Unfunded Mandates Reform Act of 1995E. Governmental Actions and Interferencewith Constitutionally Protected PropertyRights (Executive Order 12630)F. Federalism (Executive Order 13132)G. Civil Justice Reform (Executive Order12988)H. Paperwork Reduction ActI. National Environmental Policy Act(NEPA) J. Government-to-GovernmentRelationships with Tribes (ExecutiveOrder 13175)K. Energy Effects (Executive Order 13211)
I. Statutory Authority
Regulatory amendments to these parts areproposed under the general authority of theTrust Fund Management Reform Act of 1994,25 U.S.C. 4021
et seq.
, and the Indian LandConsolidation Act of 2000 (ILCA) asamended by the American Indian ProbateReform Act of 2004 (AIPRA), 25 U.S.C. 2201
et seq.
The following table providesadditional statutory authority specific to eachCFR part.25 CFR part 15...............................5 U.S.C. 301; 25 U.S.C. 2, 9, 372–74, 410; 44 U.S.C. 3101
et seq.
25 CFR part 18...............................NEW-Tribal Probate Codes............5 U.S.C. 301; 25 U.S.C. 2, 9, 372–74, 410; 44 U.S.C. 3101
et seq.
; Pub. L. 108–374 (American IndianProbate Reform Act of 2004).25 CFR part 150.............................Act of June 30, 1834 (4 Stat. 738; 25 U.S.C. 9). Act of July 26, 1892 (27 Stat. 272; 25 U.S.C. 5). Reorga-nization Plan No. 3 of 1950 approved June 20, 1949 (64 Stat. 1262). (Act of April 26, 1906 (34 Stat.137); Act of May 27, 1908 (35 Stat. 312); Act of August 1, 1914 (38 Stat. 582, 598) deals specificallywith land records of the Five Civilized Tribes. Act of February 14, 1920 (41 Stat. 415) amendedMarch 1, 1933 (47 Stat. 1417; 25 U.S.C. 413); 5 U.S.C. 552a; and 31 U.S.C. 9701.25 CFR part 152.............................R.S. 161; 5 U.S.C. 301. Interpret or apply sec. 7, 32 Stat. 275, 34 Stat. 1018, sec. 1, 35 Stat. 444, sec. 1and 2, 36 Stat. 855, as amended, 856, as amended, sec. 17, 39 Stat. 127, 40 Stat. 579, 62 Stat. 236,sec. 2, 40 Stat. 606, 68 Stat. 358, 69 Stat. 666: 25 U.S.C. 378, 379, 405, 404, 372, 373, 483, 355, un-less otherwise noted.25 CFR part 179.............................86 Stat. 530; 86 Stat. 744; 94 Stat. 537; 96 Stat. 2515; 25 U.S.C. 2, 9, 372, 373, 487, 607, and 2201–11;Pub. L. 108–374 (American Indian Probate Reform Act of 2004).43 CFR part 4.................................5 U.S.C. 301; 43 U.S.C. 1201.43 CFR part 30...............................NEW—Probate Hearing Proce-dures.5 U.S.C. 301; 43 U.S.C. 1201.
VerDate Aug<31>2005 21:07 Aug 07, 2006Jkt 208001PO 00000Frm 00002Fmt 4701Sfmt 4702E:\FR\FM\08AUP2.SGM08AUP2
  r  w   i   l   k   i  n  s  o  n   P   R   O   D   1   P   C   6   3  w   i   t   h   P   R   O   P   O   S   A   L   S
 
45175
Federal Register
/Vol. 71, No. 152/Tuesday, August 8, 2006/Proposed Rules
II. Background
This rulemaking is a result of acollaborative, multi-year undertaking toidentify a comprehensive strategy forimproving Indian trust management.The Department of the Interior managesIndian trust assets in accordance withits fiduciary trust relationship withtribes and individual Indians. The term
‘‘
tribes
’’
is used in this preamble to referto Federally recognized tribes. Thepurpose of today
s proposed rulemakingis to allow the Department of theInterior to better meet its fiduciary trustresponsibilities and to carry out thepolicies established by Congress tostrengthen tribal sovereignty. Thisrulemaking will provide the Departmentwith the tools to more effectively andconsistently manage trust assets and better serve its trust beneficiaries (
i.e.
,Indian tribes and individual Indians).
A. History of the Rule
The Department of the Interior has been examining ways to better meet itsfiduciary trust responsibilities since1994, when Congress passed the TrustFund Management Reform Act.Throughout this time, the Departmenthas sought the participation and inputof tribal leaders and individual Indian beneficiaries to identify ways in whichthe Department can better serve its beneficiaries.In July 2001, the Secretary of theInterior (Secretary) issued SecretarialOrders 3231 and 3232. These orderscreated the Office of Historical TrustAccounting (OHTA) to performhistorical accounting of trust assets andcreated a temporary Office of the IndianTrust Transition (OITT), which wascharged with reorganizing the agency to better meet beneficiaries
’’
needs. TheseSecretarial Orders also stated theSecretary
s policy to take a morecoordinated approach to ensure theoverall success of trust reform.In accordance with this policy, theDepartment reevaluated its approach totrust reform and, in January 2002,embarked on an examination andreengineering of its Indian trustmanagement processes. This effortdiffered from prior trust reform efforts because it took a comprehensiveapproach to trust reform, linkingindividual trust reform issues to anoverall strategy. To ensure that thestrategy fully considered tribalconcerns, the Department assembled a Joint Task Force of tribal representativesand representatives from theDepartment.From members of this Joint TaskForce, a subcommittee of both tribalrepresentatives and Departmentrepresentatives was formed. Thesubcommittee met regularly to reviewthe
‘‘
As-Is
’’
processes of the way majortrust functions were performed at thattime. From this
‘‘
As-Is
’’
model, thesubcommittee identified business goalsand objectives the Department shouldmeet in fulfilling its trustresponsibilities and providing improvedservices to trust beneficiaries. It thendeveloped the overall strategy to meetthose goals and objectives, documentedas the Comprehensive TrustManagement (CTM) plan.The CTM laid the groundwork fortrust reform by providing strategicdirection for development of the
‘‘
To-Be
’’
model, known as the FiduciaryTrust Model (FTM). The FTM redesignstrust processes into more efficient,consistent, integrated, and fiscallyresponsible business processes. Indeveloping the FTM, the teamincorporated years of Departmentalconsultation with tribes. TheDepartment adopted the FTM inDecember 2004 to guide trust reform.Together with Indian affairs policies,the FTM forms the basis of today
srulemaking.
B. The Need for This Proposed Rulemaking 
Since adopting the FTM, theDepartment has formed an FTMImplementation Team with tribalrepresentatives. The FTMImplementation Team is leadinginternal organizational changes forimproving performance andaccountability in management of thetrust. At the beginning of thereengineering process, the Joint TaskForce had anticipated that regulatorychanges would be necessary to fullyimplement trust reform. The Team hassince determined, and the Secretary hasconfirmed, that certain regulatorychanges are indeed needed to enable theDepartment to fully implement theFTM. Today
s proposed rule includesmany of these necessary regulatorychanges.Additionally, Congress enacted theAmerican Indian Probate Reform Act of 2004. AIPRA amends ILCA to bettermeet the trust reform goals for landconsolidation articulated in ILCA.Regulatory changes authorized byAIPRA are included in this proposedrule.
C. Development of Proposed Regulatory Language
This proposed rulemakingencompasses tribal and Departmentalrepresentatives
efforts on the Joint TaskForce, as well as the efforts of tribalrepresentatives who have providedcomments throughout the trust reformprocess. These efforts guided in-houseteams in drafting the specific regulatorylanguage included in this proposedrulemaking. The in-house teamsconsisted of Federal personnel fromDepartment headquarters and the field,and included program officers andDepartment attorneys possessingextensive expertise in probate, landtitles and records, acquisition andconveyance, leasing and grazing, andadministrative appeals. On December27, 2005, the Department sharedadvance copies of the proposedregulatory language (identified as
‘‘
preliminary drafts
’’
throughout thispreamble) with leaders of eachFederally recognized tribal government,as well as additional contacts in Indiancountry, for their input andrecommendations. The Department hasalso presented the preliminary draftsand obtained the input of tribes at twoformal consultation meetings: one inAlbuquerque, New Mexico on February14
15, 2006, and one in Portland,Oregon on March 29, 2006. Commentsreceived during these consultations andin the time leading up to thispublication have identified severalissues that the Department consideredin revising the preliminary drafts forpublication as a proposed rule. Inaccordance with the government-to-government relationship with tribes,formal consultations are also beingscheduled to take place during thecomment period that follows thispublication in the
Federal Register
tofacilitate an informed final rule. SeeSection IV, Public Comments, for detailson upcoming consultations.
D. Status of Other Indian Trust Management Reform Regulations
The Department is also developingregulatory amendments to landacquisitions (25 CFR part 151), leasing(25 CFR part 162), and grazing (25 CFRpart 166), and developing draftregulatory language addressing trustfund accounting and appeals (new CFRpart), unclaimed moneys/whereaboutsunknown (new CFR part), and fees forservice (new CFR part). Based on inputreceived during the February 14
15,2006, Albuquerque tribal consultationsession, the Department has determinedthat these regulations require additionalwork before publication as a proposedrule. The Department plans topromulgate these additional regulationsat some point in the future. Together,these regulatory changes will providethe Department with the tools it needsto better serve beneficiaries and willstandardize procedures for consistent
VerDate Aug<31>2005 21:07 Aug 07, 2006Jkt 208001PO 00000Frm 00003Fmt 4701Sfmt 4702E:\FR\FM\08AUP2.SGM08AUP2
  r  w   i   l   k   i  n  s  o  n   P   R   O   D   1   P   C   6   3  w   i   t   h   P   R   O   P   O   S   A   L   S

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->