[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Proposed Rules]
[Pages 41495-41513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13808]
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DEPARTMENT OF INTERIOR
Bureau of Land Management
43 CFR Part 2569
[LLAK940000 L14100000.HM0000 20X]
RIN 1004-AE66
Alaska Native Vietnam-Era Veterans Allotments
AGENCY: Bureau of Land Management, Interior
ACTION: Proposed rule.
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SUMMARY: The Bureau of Land Management (BLM) proposes to issue
regulations to enable certain Alaska Native Vietnam-era veterans to
apply for land allotments under Section 1119 of the John D. Dingell,
Jr. Conservation, Management, and Recreation Act of March 12, 2019
(Dingell Act). The Dingell Act requires the BLM to issue regulations to
implement the Act's land allotment provisions. This proposed rule would
enable certain Alaska Native Vietnam-era veterans who, because of their
military service, were not able to apply for an allotment during the
late 1960s and early 1970s to do so now.
DATES: Please submit comments on this proposed rule to the BLM on or
before August 10, 2020. The BLM is not obligated to consider any
comments received after this date in making its decision on the final
rule.
The proposed rule includes information collection activities that
must be approved by the Office of Management and Budget (OMB). If you
wish to comment on the information collection requirements in this
proposed rule, please note that the OMB is required to make a decision
concerning the collection of information contained in this proposed
rule between 30 and 60 days after publication of this document in the
Federal Register. Therefore, a comment to the OMB on the proposed
information collection requirements is best assured of being given full
consideration if the OMB receives it by August 10, 2020.
ADDRESSES: You may submit comments on the proposed rule, identified by
the number ``RIN 1004-AE66,'' to the BLM by any of the following
methods:
--Mail/Personal or Messenger Delivery: U.S. Department of the
Interior, Director (630), Bureau of Land Management, Mail Stop 2134 LM,
1849 C St. NW, Washington, DC 20240, Attention: RIN 1004-AE66.
--Federal eRulemaking Portal: http://www.regulations.gov. In the
Searchbox, enter ``RIN 1004-AE66'' and click the ``Search'' button.
Follow the instructions at this website.
For Comments on Information Collection
Written comments and suggestions on the information collection
requirements should be submitted within 30 days of publication of this
document to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
Please indicate ``OMB Control Number 1004-XXXX/RIN 1004-AE66,''
regardless of the method used to submit comments on the information
collection burdens. If you submit comments to the OMB on the
information-collection burdens, you should provide the BLM with a copy,
at the BLM address provided above, so that all written comments can be
summarized and addressed in the final rulemaking. Comments not
pertaining to the proposed rule's information-collection burdens should
not be submitted to OMB. The BLM is not obligated to consider or
include in the Administrative Record for the final rule any comments
that are improperly directed to OMB, rather than the BLM.
FOR FURTHER INFORMATION CONTACT:
Paul Krabacher, Division of Lands and Cadastral, Bureau of Land
Management, 222 West Seventh Avenue, Mail Stop 13, Anchorage, Alaska
99513-7409; telephone (907) 271-5681, for information relating to the
substance of this proposed rule. Persons who use a telecommunication
device for the deaf (TDD) may call the Federal Relay Service at 1-800-
877-8339 to leave a message or question with the above individuals. You
will receive a reply during normal business hours, Alaska time.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of the Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
If you wish to comment on the information collection requirements,
you should send those comments directly to the OMB as outlined under
the ADDRESSES heading; however, we ask that you also provide a copy of
those comments to the BLM. You may submit comments on the proposed rule
itself, marked with the number ``RIN 1004-AE66,'' to the BLM by any of
the methods described in the ADDRESSES section. Please make your
comments on
[[Page 41496]]
the proposed rule as specific as possible, confine them to issues
pertinent to the proposed rule, and explain the reason for any changes
you recommend. Where possible, your comments should reference the
specific section or paragraph of the proposal that you are addressing.
The comments and recommendations that will be most useful and likely to
influence agency decisions are:
1. Those supported by quantitative information or studies; and
2. Those that include citations to, and analyses of, the applicable
laws and regulations. The BLM is not obligated to consider or include
in the Administrative Record for the final rule comments that we
receive after the close of the comment period (see DATES) or comments
delivered to an address other than those listed above (see ADDRESSES).
The BLM has determined that a public comment period of 30 days is
required for this proposed rule, per 318 DM HB 5.4(A). The universe of
parties who will be affected by this proposed rule is relatively
limited, and those parties have received notice that this proposed rule
is being prepared, either through the enactment of the Dingell Act
itself, or through the BLM's extensive pre-publication outreach
efforts, or both. At the same time, Section 1119 of the Dingell Act
requires a final rule to be promulgated by September 12, 2020, which
cannot be accomplished with a longer comment period. Therefore, the BLM
concludes that a public comment period of 30 days is adequate for all
affected parties to provide feedback, and is necessary to comply with
the statutory directive.
Before including your address, telephone number, email address, or
other personal identifying information in your comment, be advised 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.
Comments on the proposed rule, including names and street addresses
of respondents, will be posted as they arrive at the BLM, and will be
available for public review at http://www.regulations.gov. Enter
``1004-AE66'' in the Searchbox to find the proposed rule.
II. Background
On December 18, 1971, Congress enacted the Alaska Native Claims
Settlement Act (ANCSA; 43 U.S.C. 1601, et seq.), which repealed the
Alaska Native Allotment Act (34 Stat. 197, as amended). During the time
leading up to the repeal of the Alaska Native Allotment Act, certain
Alaska Natives who were eligible to apply for allotments were serving
in the U.S. military and may have missed their opportunity to apply
because of their military service.
In 1998, Congress enacted a law allowing certain Alaska Native
veterans a new opportunity to apply for allotments under the Alaska
Native Allotment Act, as it was in effect before its repeal (Alaska
Native Veterans Allotment Act of 1998; 43 U.S.C. 1629g). Those Alaska
Native veterans were able to apply for allotments from July 31, 2000 to
January 31, 2002. Under the Alaska Native Veterans Allotment Act of
1998, about 250 allotments were issued to Alaska Native veterans or
their heirs.
On March 12, 2019, Congress enacted the Dingell Act, in order to
provide an additional opportunity for Alaska Native veterans who have
not applied for or received an allotment under prior laws to apply for
an allotment. Congress required the BLM to issue regulations
implementing the Dingell Act. This proposed rule would carry out that
congressional mandate.
The BLM, in coordination with the Bureau of Indian Affairs (BIA),
consulted with the federally recognized Tribes located in Alaska and
Alaska Native Corporations, and conducted presentations throughout
Alaska. The purpose of these meetings was to share information and
gather input from entities representing Alaska Natives who will be
impacted by these regulations. Participants included both Native and
non-Native individuals. Oral comments were recorded at each meeting;
notes of the meetings, as well as all written comments submitted to the
BLM at the meetings, are included in the administrative record for this
rule.
III. Discussion of the Proposed Rule
Sec. 2569.100 What is the purpose of this subpart?
This section explains why the BLM is promulgating these
regulations. Specifically, promulgating these regulations is required
under 43 U.S.C. 1629g-1(b)(2), and will specify the procedures under
which Alaska Native Vietnam-era Veterans will be able to select and
receive lands.
Sec. 2569.101 What is the legal authority for this subpart?
The legal authority for this subpart is 43 U.S.C. 1629g-1(b)(2).
Sec. 2569.201 What terms do I need to know to understand this subpart?
This section lays out the definitions that will be needed for the
reader to fully understand the proposed regulations.
Allotment. The BLM adopts the definition of allotment from 43 CFR
2561.0-5, which defined ``allotment'' in the regulations for the Alaska
Native Allotment Act. The Dingell Act does not specifically provide for
this definition, but the intent of Congress was to offer Alaska Natives
who served in the military during the Vietnam era a chance to receive
an allotment similar to the one that they otherwise could have received
under the Alaska Native Allotment Act. Additionally, the Dingell Act
uses a Certificate of Allotment as the conveyance instrument. This
conveyance instrument was only used in the past for restricted fee and
trust allotments. As such, the BLM adopts the definition of
``allotment'' as it has been used for the Certificate of Allotment
under the Alaska Native Allotment Act and the Alaska Native Veterans
Allotment Act of 1998. Certificates of Allotment granted under those
acts include the following recitation: ``[T]he land above-described
shall be deemed the homestead of the allottee and his heirs in
perpetuity, and shall be inalienable and nontaxable until otherwise
provided by Congress or until the Secretary of the Interior or his
delegate, pursuant to the provision of the said Act of May 17, 1906, as
amended, approves a deed of conveyance vesting in the purchaser a
complete title to the land.'' A similar recitation should be used in
conveyances under the Dingell Act as well to ensure that Alaska Natives
receiving land under the Dingell Act will receive the same rights as
those granted to Alaska Natives under the Alaska Native Allotment Act
and the Alaska Native Veterans Allotment Act of 1998.
Available Federal Lands. This term incorporates the definition from
the Dingell Act. In general, ``available Federal land'' is defined as
vacant, unappropriated, and unreserved public land. Additionally, land
that has been selected but not conveyed to either the State of Alaska
or to an Alaska Native Corporation is available as long as the
selection is voluntarily relinquished. Land that has already been
conveyed out of Federal ownership is not available. ``Available Federal
land'' further incorporates the requirement that the land is certified
as free of known contaminants, a requirement that is found separately
in the statute.
[[Page 41497]]
Eligible Individual. This term is used throughout the proposed
regulations for a Native veteran who is eligible to receive an
allotment under the Dingell Act, or another person who is eligible to
receive an allotment on the behalf of such a veteran. 43 U.S.C. 1629g-
1(a)(2) defines such an individual as a Native Veteran who served in
the Armed Forces between August 5, 1964, and December 31, 1971, and who
did not receive an allotment under one of the three previous allotment
statutes specified in the Dingell Act. While the Dingell Act only
expressly excludes individuals who have already received an allotment
under one of these three statutes, because the Dingell Act was intended
to benefit individuals who missed their opportunities to apply under
these statutes, the proposed regulations also exclude individuals who
applied under these statutes, but whose applications remain pending.
Native. The proposed regulations restate the definition from the
Dingell Act, which in turn uses the definition of Native from the
ANCSA. As stated in the ANCSA, this definition requires either proof of
a minimum blood quantum, or else proof that one is a citizen of the
United States who is regarded as an Alaska Native by the Native village
or Native group of which one claims to be a member and whose father or
mother is (or, if deceased, was) regarded as Native by any village or
group. Additionally, any decision of the Secretary regarding
eligibility for enrollment is final. As used, this term would include
all Alaska Natives, including enrolled members of the Metlakatla Indian
Community, Annette Island Reserve.
Native Corporation. This term refers to the Alaska Native
Corporations created pursuant to the ANCSA.
Realty Service Provider. This term refers to the tribal and
intertribal organizations that provide Trust Real Estate Services
pursuant to a contract or compact with the Bureau of Indian Affairs
(BIA).
Receipt date. This term is used in the proposed regulations to
refer to the date on which an application arrives at the BLM Alaska
State Office. The Receipt Date is used to determine which application
would receive preference if two or more applications contain
conflicting selections.
Segregate. This term is given the same meaning in the proposed
regulations that it has in the BLM's general land resource management
regulations. By incorporating this widely used definition, the proposed
regulations help the reader understand that once an application is
received, the land selected in that application is removed from the
operation of the public land laws so no other entity can make a claim
on that land.
Selection. This term refers to the lands that an Eligible
Individual chooses to apply for in an application.
State. This term means the political entity of the State of Alaska.
State or Native corporation selected land. This term refers to
lands that have been selected by, but not conveyed to, the State or a
Native corporation. This definition helps readers understand that while
applicants can select from lands that have been selected by the State
and Native corporations, they may not select lands that have already
been conveyed to the State or a Native Corporation.
Valid relinquishment. The Dingell Act allows an Eligible Individual
to select, and receive from the BLM, lands that have been selected by
the State or a Native corporation if that entity ``agrees to
voluntarily relinquish the selection.'' For the relinquishment to be
valid, the voluntary relinquishment must be signed by either a person
authorized by a board resolution of the Native corporation or a
delegated official of the State. A valid relinquishment may be
conditioned upon the application being accepted and the location of the
selection being fully established by survey, and may also be
conditioned upon who receives the land. This provision ensures that
relinquishments go into effect only at such time as there is certainty
regarding the location and that the applicant will receive the land.
Veteran. The proposed regulations incorporate the definition from
38 U.S.C. 101. The BLM found that attempting to restate all the
incorporated parts of that definition within the regulations would
confuse readers. Therefore, the proposed regulations point the reader
to the statute instead. For purposes of implementing the Dingell Act,
this definition includes individuals who died in service and who meet
the other requirements of 38 U.S.C. 101.
Who Is Qualified for an Allotment
Sec. 2569.301 How will the BLM let me know if I am an Eligible
Individual?
The BLM has been working with the BIA, the Department of Defense
(DoD), and the Department of Veterans Affairs (VA) to identify Eligible
Individuals prior to the selection period. Pursuant to the Dingell Act,
the VA and the DoD provided to the BIA a list of all individuals whose
records indicated military service during the time period set forth in
the statute. The BIA compared that list to its list of Alaska Natives
and removed those individuals who are not Alaska Natives. The BLM
refined the list further to remove Native Veterans who received an
allotment or have an application pending under one of the earlier
statutes listed in the Dingell Act. The BLM would use this list to
identify individuals that the BLM believes to be Eligible Individuals.
After the list is created, the BLM would mail letters to all
individuals included on the list at the most recent addresses on file
with the VA and BIA. The purpose of this initial letter would be to
provide additional notice to these individuals of the opportunity to
apply for an allotment. Being included on this list would not guarantee
that a person is an Eligible Individual under the Dingell Act, however,
and therefore, an individual who receives such notice would still be
required to certify that the statements made on his or her application
are complete and correct to the best of his or her knowledge and
belief, including that he or she is an Alaska Native, has not received
an allotment, meets the definition of a Veteran, and served during
relevant time period.
Sec. 2569.302 What if I believe I am an Eligible Individual, but I was
not notified by the BLM?
This section addresses the information that Eligible Individuals
who were not identified through the process described above would need
to provide in order to demonstrate that they are eligible. The BLM
foresees that there may be individuals who would not be included on the
list due to errors or inconsistencies in the records at the DoD, the
VA, or the BIA. This section informs those individuals that in addition
to the application, they would be required to provide a Certificate of
Degree of Indian Blood or other documentation from the BIA
demonstrating that they meet the definition of a Native, and a
Certificate of Release or Discharge from Active Duty (Form DD-214) or
other documentation from the DOD or VA demonstrating that they meet the
definition of a Veteran.
Sec. 2569.303 Who may apply for an allotment under this subpart on
behalf of another person?
This section explains who may apply on behalf of an Eligible
Individual who is unable to apply on his or her own behalf. In
paragraph (a), the BLM addresses how a person could apply on behalf of
a deceased veteran. The Dingell Act allows for a personal
representative, ``appointed in the appropriate Alaska State court or
[[Page 41498]]
registrar has qualified,'' to apply on behalf of the estate of a
deceased Eligible Individual. The BLM understands the term
``registrar,'' as used in the Dingell Act, to refer to an Alaska State
court employee who adjudicates informal probates. The phrase ``Alaska
State court or registrar has qualified'' therefore allows the
appointment of a personal representative only through the Alaska State
court system, through either the informal probate process, which is
adjudicated by the registrar, or the formal process, which is
adjudicated by a judge. The BLM does not understand the Dingell Act, as
enacted, to allow for personal representatives to be appointed by a
Tribal court or an out-of-state court. The apparent intent of the
statutory language is to ensure that the BLM would not have to decide
between competing claims of individuals who assert that they are duly
appointed personal representatives of the same deceased veteran.
In paragraph (b) of this section, the proposed regulations address
the situation in which a veteran is alive, but is unable to apply on
his or her own behalf or chooses to have another person do so. The BLM
has attempted to be as broad as possible in recognizing the legal
mechanisms by which a person could legally apply on behalf of a
veteran. A conservator or guardian is typically appointed by a court
for a person who is no longer capable of managing his or her affairs.
Unlike a personal representative, a conservator or guardian need not be
appointed by an Alaska State court, because the Dingell Act contains no
such restriction for conservators or guardians. An attorney-in-fact,
meanwhile, is appointed by the Eligible Individual him- or herself
before becoming incapacitated. An individual would also be able to
appoint an attorney-in-fact if the individual is not incapacitated but
would like to allow the attorney-in-fact to complete the application on
his or her behalf for some other reason. Commenters are encouraged to
suggest any other legal mechanisms that may not be captured in this
paragraph.
Applying for an Allotment
Sec. 2569.401 When can I apply for an allotment under this subpart?
This section identifies the period during which the BLM would
accept applications. The application period would begin on the
effective date of the final regulations and run for a period of 5
years, as provide in the Dingell Act (43 U.S.C. 1629g-1(b)(3)(B)).
Under the proposed rules, certain circumstances described in Sec.
2569.410, 2569.502(b), or 2569.503(a) may require the BLM to request
more or new information from an applicant who initially filed his or
her application during the period described in paragraph (a). The BLM
would continue to accept this information for up to 60 days after the
information is requested, even after the termination of the 5-year
period in paragraph (a). The BLM further recognizes that a legal
representative may need to be appointed to provide the required
information, and Sec. 2569.507(c) would further extend the time in
which the BLM could receive this information for two years when needed
for the applicant or the applicant's heirs to complete that process.
Sec. 2569.402 Do I need to fill out a special application form?
The proposed regulations would require that applications be
submitted on a BLM form, ``Alaska Native Vietnam-Era Veteran Land
Allotment Application,'' under an OMB form number to be assigned when
OMB approves the collection.
Sec. 2569.403 How do I obtain a copy of the application form?
The BLM is proposing to directly mail a copy of the application
form to those persons who have been preliminarily identified as
Eligible Individuals through the process described in Sec. 2569.301.
The applications would be mailed to the most recent addresses on file
with the VA, BIA, and BLM.
This section also identifies locations where copies of the
application form would be available for applicants who do not receive
an application in the mail. Those locations include the BIA, BIA Realty
Service Provider's offices, BLM Public Rooms located in Anchorage or
Fairbanks, or on the internet at blm.gov/ak-native-vietnam-vet-land-allotment-2019.
Sec. 2569.404 What must I file with my application form?
This section identifies the documents that would be necessary to
file a complete application under various applicant scenarios.
Paragraph (a) applies to every applicant and explains how the
applicant would identify the lands they select for their allotment. The
BLM is attempting to make this process as easy as possible for
applicants. Therefore, applicants would be asked to provide a map with
the selection marked on the map. In previous allotment acts, the BLM
required a legal description. The difficulty of creating the legal
description created uncertainty for the applicant about what land they
would receive, and the BLM has determined that the map approach would
create greater certainty. The BLM intends to provide a mapping tool on
its website to help applicants identify available Federal lands. The
BLM intends to keep this map updated with the identified available
Federal lands throughout the selection period. The applicant would even
be able to draw their desired selection onto a map using the map tool
and know they are keeping their description within available Federal
lands and within the acreage limit.
The only written requirement would be that the applicant identify
the section, township, range, and meridian of the selection so that the
BLM can properly locate the selection. The applicant would be able to
easily find that information on the mapping tool on the BLM's website
or ask a Realty Service Provider or the BLM for assistance. The BLM
would also accept, but not require, any additional information about
the location that the applicant would like to supply. The regulation
clarifies that the BLM would defer to the depiction on the map unless
the applicant specifies that they want the written description to be
the controlling document.
In paragraph (b) of this section, the BLM describes the other
materials that may need to be filed with the application besides the
selection. Under the proposed regulations, applicants whose names
appear on the list of individuals believed by the BLM to be Eligible
Individuals would not have to provide proof of the applicant's military
service or documentation identifying the applicant as an Alaska Native.
This information would already have been collected by the DoD, VA, BIA,
and BLM at the time the list of presumed Eligible Individuals is
created. As noted above, however, these individuals would still need to
certify that they meet the requirements for eligibility by signing the
application form. Those applicants whose names did not appear on the
list of presumed Eligible Individuals, meanwhile, would need to provide
proof of their status as a Native Veteran. The documentation
identifying the applicant as a Native may consist of a Certificate of
Degree of Indian Blood or of other documentation from the BIA verifying
that the applicant meets the definition of Alaska Native, such as a
letter issued by the BIA Alaska Region. The documentation showing
military service, usually a Form DD-214, would need to demonstrate that
the applicant served during the period between August 5, 1964, and
December 31, 1971,
[[Page 41499]]
and was released or discharged in some way other than dishonorably.
For those persons applying on behalf of another individual or his
or her estate, the proposed rules also identify the types of proof that
would be necessary to apply as a personal representative, guardian,
conservator, or attorney-in-fact. An individual applying as a personal
representative of a deceased veteran would need to prove that he or she
had been appointed by an Alaska State Court and that the appointment
was still in effect. An individual applying on behalf of a living
veteran as a guardian or conservator would have to provide proof of his
or her appointment by a court of law. An individual applying as the
attorney-in-fact for a living veteran would be able to do so as long as
the power of attorney documentation is legally valid and current, and
is either a general grant of power-of-attorney, or specifically grants
the individual either the power to conduct real estate transactions on
behalf of the veteran, or the specific power to apply for this
allotment program.
In paragraph (c), the proposed regulations explain that an
applicant would be required to certify that the statements in the
application are true, complete, and correct to the best of their
knowledge. This section is included to make applicants aware that there
are serious ramifications if an applicant were to lie on the
application. A person could be prosecuted pursuant to 18 U.S.C. 1001
for false statements on the application.
Sec. 2569.405 What are the special provisions that apply to selections
that include State or Native corporation selected land?
Under the proposed rules, an applicant could select, in whole or in
part, land that has been selected by the State or a Native corporation
but has not yet been conveyed to that entity.
Lands selected by the State pursuant to the Alaska Statehood Act or
a Native corporation under the provisions of ANCSA are segregated from
operation of the public land laws. The Dingell Act allows Eligible
Individuals to select from these lands even though the lands are
otherwise segregated from the operation of the public land laws.
However, in order for BLM to allow such a selection, the State or
Native corporation would have to choose to make that land available by
relinquishing its selection.
Under the proposed regulations, an applicant could request that the
State or Native corporation relinquish its selection; the proposed
regulations further provide that the relinquishment could be
conditioned on the approval of the applicant's application. Applicants
need to be aware that even if the State or Native corporation could
relinquish their selection, the law does not require them to do so.
The relinquishment would have to be in the form of a letter from
the State or Native corporation, and would have to include either the
legal description of the parcel the entity is willing to relinquish or
a copy of the applicant's application with its land description. The
letter would also have to describe the conditions, if any, for the
relinquishment. If the relinquishment is by a Native corporation, the
letter would have to be accompanied by a board resolution authorizing
the relinquishment and granting the person signing the letter authority
to do so. If the State or ANCSA selection were being relinquished only
on behalf of an individual, the relinquishment would have to name the
individual.
A conditional relinquishment would become effective when the BLM
formally accepts the relinquishment, which would occur after the BLM
has issued a Final Plan of Survey Notice for the application at issue.
In the case of a conditional relinquishment, if the applicant was
determined not to be eligible or if the application was rejected on
other grounds, the relinquishment would be of no effect and the State
or ANCSA selection would remain in place. The State or Native
corporation would be notified in the decision rejecting the
application.
The BLM also proposes to allow the State or a Native corporation to
make a blanket conditional relinquishment of certain of its selections,
which would take effect if any valid application is received for the
lands at issue. Any selections that are conditionally relinquished in
this manner would be identified on a map. Such a blanket conditional
relinquishment would become effective as to a given parcel of land when
the BLM formally accepts the relinquishment, which would occur after
the BLM has issued a Final Plan of Survey Notice for an application
embracing that parcel.
Paragraph (b) of this section describes a scenario in which a
Native corporation may not relinquish a selection. Under ANCSA, each
Native corporation is entitled to receive a certain amount of land. The
regulation specifies that a relinquishment cannot cause a Native
corporation to become under-selected. ``Under-selected'' refers to the
situation where the Native corporation has less land selected than it
needs to receive in order to fulfill its entitlement under ANCSA. For
example, if a Native corporation needs to receive 500 acres from the
BLM to fulfill its entitlement and has 600 acres selected, it cannot
relinquish 160 acres under these proposed regulations.
Paragraph (c) of this section defines when the lands would become
segregated when an applicant applies for State or Native corporation
selected land. In some cases, land that has been selected by the State
or a Native corporation is ``top-filed''--that is, another entity has
expressed its intent to select the same land in the event that the land
is not conveyed to the first entity. The BLM interprets the Dingell Act
as expressing Congress's intent to give Eligible Individuals first
preference to any selections relinquished by the State or Native
corporations, even if another entity has a ``top-filing'' on those
lands. In such a case, the regulations would allow the Eligible
Individual's selection to fall into place as soon as the conditional
relinquishment is accepted, and would segregate those lands immediately
from the operation of the public land laws. This would resolve any
conflict between the applicant and the top-filing entity in favor of
the applicant.
Paragraph (d) defines what would happen if the State or Native
corporation is unable or unwilling to provide a valid relinquishment.
Applicants need to be aware that even if the State or Native
corporation could relinquish its selection, the law does not require it
to do so. In this scenario, the BLM would treat the selection like any
other selection that includes unavailable land by following the
procedures laid out at 43 CFR 2569.503.
Sec. 2569.406 What are the rules about the number of parcels and size
of the parcel for my selection?
The statute provides that an applicant may select only 1 parcel of
land ranging in size from 2.5 to 160 acres.
Sec. 2569.407 Is there a limit to how much water frontage my selection
can include?
Applications made under these regulations would be subject to 43
CFR 2094. That subpart establishes a general limitation of 160 rods
(one half-mile) of water frontage. An application may be submitted for
a selection that exceeds the 160-rod (one half-mile) limitation, but
the application would be subject to a determination that the land is
not needed for a harborage, wharf, or boat landing area, and that a
waiver would not harm the public interest. If the BLM could not waive
the 160-rod (one half-mile) limitation, the BLM would issue a
[[Page 41500]]
decision finding the selection includes lands that are not available
Federal lands, and then follow the procedures set out at Sec.
2569.503.
Sec. 2569.408 Do I need to pay any fees when I file my application?
The BLM does not propose to charge any fees in connection with the
Alaska Native Veterans Allotment Program of 2019.
Sec. 2569.409 Where do I file my application?
Applications would have to be delivered to the BLM Alaska State
Office in Anchorage, in person, by mail, or by delivery service. The
BLM does not propose to accept electronic applications.
Sec. 2569.410 What will the BLM do if it finds a technical error in my
application?
If the BLM finds a technical error in an application, it would send
a notice identifying the error and provide 60 days after receiving the
notice to correct the error. A ``technical error,'' as referred to in
this section, includes such matters as a missing portion of the
application form, a missing signature, or missing materials that would
be required to be provided along with the application under Sec.
2569.404-405. Generally, a ``technical error'' is one that the BLM can
identify relatively easily upon reviewing the application. A
``technical error'' does not include an application that conflicts with
an earlier application or that includes lands that are not available
Federal lands; these scenarios are dealt with separately, in Sec.
2569.502 or 503, respectively.
The purpose of the proposed 60-day correction period is to allow
applicants to correct technical errors without the inconvenience of
submitting a completely new application package. As noted, any
corrected or completed application would be deemed received, for
purposes of preference, on the date that the last correction is
received.
Throughout the proposed regulations, the BLM provides the applicant
60 days to respond to various requests. Because mail delivery can be
unreliable in some Native villages, the BLM proposes to start the 60-
day response time from the point that the applicant receives the
decision or notice. Hence, any delay in the mail being received in the
village would not affect the length of time for his or her reply. The
BLM is not proposing a period of time longer than 60 days because an
application is deemed received when BLM receives the last correction,
so that the benefit to applicants of extending the period beyond 60
days would be limited.
Sec. 2569.411 When is my application considered received by the BLM?
Under the proposed rules, an application that is free from
technical errors and from conflicts with higher-preference applications
or with unavailable lands would be considered received on the receipt
date--that is, the date on which the application is physically received
by the BLM Alaska State Office (see paragraph 2569.02(f)). This means
that even if the BLM took some time to review an application and
determine whether the application is free from technical errors, the
application would not lose preference during that time; once the
application is reviewed and confirmed to be complete and correct, it
would receive the preference corresponding to the date on which it was
physically received.
The proposed rule clarifies that applications received prior to the
effective date of the regulations would be deemed received on the
effective date. This would protect applicants who want to apply on the
first day of the selection period from being penalized if the mail
arrives to the BLM sooner than expected, while preserving the integrity
of the effective date as the start date for the selection process.
If an application contained a technical error, the BLM would
provide notice as set forth in Sec. 2569.410 and require the applicant
to correct the error. The application would then receive the preference
corresponding to the date on which the corrected application was
physically received.
If an application conflicts with higher-preference applications or
with unavailable lands, the BLM would proceed according to Sec.
2569.502 (for conflict with higher-preference applications) or 2569.503
(for conflicts with unavailable lands). In each of those cases, the
applicant would have the choice to continue with adjudication of those
portions of his or her selection that are free from conflict, in which
case the application would receive the preference corresponding to the
date on which the application was physically received (see Sec. Sec.
2569.502(b)(2) and 2569.503(a)(2)). On the other hand, if the applicant
chooses to file a substitute selection in order to adjust the original
selection or replace it with a new selection altogether, the applicant
would receive the preference corresponding to the date on which the
substitute application was physically received (assuming that the
substitute application is free from technical errors or conflicts).
The BLM is not proposing to allow corrected, completed, or
substitute applications to ``relate back'' to the original
application--that is, to receive the preference date corresponding to
the date on which the original application was physically received--for
several reasons. First, the BLM is concerned that if corrected or
completed applications could relate back to earlier applications, the
BLM would receive a large number of incomplete, even skeletal,
``placeholder'' applications at the beginning of the filing period.
This would unfairly prejudice applicants who take the time to submit
complete and accurate applications, because the BLM would be unable to
process those applications until it waits to see whether the applicants
responsible for the placeholder applications eventually file completed
and corrected applications within the correction period, and then
determine whether any of the placeholder applications conflict with the
later-received applications.
A second reason for not allowing corrected, completed, or
substitute applications to relate back to earlier applications is that
doing this would not prevent unfairness from occurring, but rather
would shift the potential unfairness to other situations and other
applicants. Consider, for example, a situation in which Applicant A
files an application containing a technical error, shortly before
Applicant B files a complete and correct application that conflicts
with Applicant A's selection. Under the rules as proposed, Applicant B
would receive his or her selection, while Applicant A would be required
to submit a corrected or completed application, and to change his or
her selection to avoid a conflict with Applicant B's selection. While
this outcome may seem unfair to Applicant A, who filed an earlier
application and may have only made a relatively minor technical error,
the result is that the selection is awarded to the first applicant who
submitted a complete and correct application for that land.
By contrast, if Applicant A's corrected or completed application
were allowed to relate back to the original application, Applicant A
would eventually receive his or her selection, after correcting all
technical errors, and Applicant B would lose out. This outcome may seem
fairer to Applicant A, but it would be arguably unfair to Applicant B,
the first applicant to submit a complete and correct application for
that land. Moreover, this scenario could result in a chain reaction in
which multiple applicants lose out to applications that were submitted
later in time than their own applications. Consider what happens if
Applicant B
[[Page 41501]]
submits a substitute application to avoid the conflict with Applicant
A, which in turn conflicts with the application of Applicant C, who
submitted a complete and correct application in the interim between
Applicant B's original and substitute applications. Under the relate-
back approach, Applicant B's substitute selection would relate back to
his or her original application and would receive preference over
Applicant C's selection. The result would be that Applicant C, like
Applicant B, would lose out to an applicant whose complete and correct
application for the land in question was received after Applicant C's
own complete and correct application. Moreover, Applicant C would then
presumably file a substitute application him- or herself, potentially
continuing the chain reaction.
For these reasons, the BLM believes that the approach set forth in
the proposed regulations, which would not allow any new applications to
relate back to earlier applications, is the fairest and most practical
approach.
Sec. 2569.412 Where can I go for help with filling out an application?
The Department of the Interior and the VA have been tasked in the
Dingell Act with providing assistance in applying for allotments.
Applicants are encouraged to seek help in filing their
applications. Applicants should contact their local VA or BIA office.
In addition, certain tribal and intertribal organizations that are
registered as BIA Realty Service Providers could also provide
assistance and information. To find the list of the BIA Realty Service
Providers, go to https://www.bia.gov/regional-offices/alaska/real-estate-services/tribal-service-providers. The BLM would also have many
locations where an applicant could receive help. You could contact the
BLM in person, by email, or by telephone, Monday through Friday,
excluding Federal holidays. The BLM would not provide legal advice, but
would answer questions and provide assistance regarding the application
process.
An applicant could also get information through the BLM's website
at www.blm.gov/ak-native-vietnam-vet-land-allotment-2019. This website
includes frequently asked questions and a mapping tool depicting
available Federal lands. The mapping tool on the website could be used
to identify and print selections.
Sec. 2569.413 How will I receive notices and decisions?
This section describes how the BLM would provide notices and
decisions and would provide instructions for changing an applicant's
contact information of record with the BLM after the application
process has begun. The BLM would mail all decisions and notices related
to the application to the address of record, and it would be very
important for the applicant to be able to receive every mailing. This
section makes it clear it is the applicant's duty to keep their address
of record up to date.
The BLM would attempt to deliver all notices and decisions by
Certified Mail with Return Receipt. If this first attempt fails, the
BLM would make a second attempt using an alternative method. If the
second attempt fails, the BLM may issue a decision rejecting the
application. Generally, the BLM would only issue a decision rejecting
the application if a second attempt at delivery fails for a notice that
requires action from the applicant, such as a notice of a decision
finding that the application did not have preference under section
Sec. 2569.502.
The BLM may, in its discretion, call the applicant or contact a
representative of the applicant's Tribe or Native corporation in order
to resolve an issue involving undeliverable mail, but would not
guarantee that it would do so in every case. Applicants should ensure
that their address of record is kept up to date, and that arrangements
are made to receive mail at that address at all times. If an applicant
were to be unavoidably unreachable at some point during the application
process, the applicant might consider designating a temporary attorney-
in-fact.
Processing the Application
Sec. 2569.501 What will the BLM do with my application after it is
received?
This section describes the steps that the BLM proposes to take
after an application is deemed received, as set forth in Sec.
2569.411. The full processing of the application would also include a
review of whether an application is complete under Sec. 2569.410 and
should be deemed received.
As stated in paragraph (a), the BLM would enter the land selection
into the BLM's Master Title Plats (MTPs). MTPs are large scale graphic
representations of Federal ownership, agency jurisdictions, and rights
reserved to the Federal Government. MTPs for Alaska are located online
within the Resources section of the BLM's website at: https://www.blm.gov/programs/lands-and-realty/regional-information/alaska/land-transfer.
The purpose of this step is primarily informational, to help later
applicants avoid selecting lands that are subject to an earlier-
received, higher-preference application. Applicants are advised that
because some time may pass between the date when an application is
received and the date when the MTP is updated, the fact that certain
lands are not shown as selected on the MTP would not guarantee that the
lands are not subject to an earlier-received application, and that
selecting those lands would not result in a conflict. Additionally,
inclusion in the MTP would indicate to the general public that the
lands had been segregated from the public land laws for purposes other
than allotment selection under the Dingell Act, such as mining claims.
In paragraph (b) of this section, the BLM would review the
selection for conflicts with other applications, and for inclusion of
any lands that are not available Federal lands. If the selection were
in conflict, or contained unavailable lands, the BLM would proceed as
described in Sec. Sec. 2569.502 and 2569.503, respectively.
During this step, the BLM would also review its records to identify
any valid existing rights within the selection. Any such rights that
were identified by the BLM would be noted in the Notice of Survey, as
described in paragraph (d). Applicants should be aware that there may
be valid existing rights that the BLM does not discover through its
review. Even if the BLM does not discover those valid existing rights
on a selection, the conveyance of an allotment under the Dingell Act
would be made subject to those rights.
Next, in paragraph (c) of this section, the BLM would make minor
adjustments to the selection, if needed, in order to match existing
property boundaries, roads, or meanderable waterbodies, or to reduce
the number of corners or curved boundary segments. For example, if a
selection appeared to stop just short of a waterbody or existing
property boundary, the BLM might adjust the selection to avoid leaving
a narrow strip outside the selection. Similarly, if the selection
contained excessive corners or curved segments that did not correspond
to existing property boundaries or significant natural features, such
as waterbodies, the BLM might adjust the selection to simplify its
boundaries. The BLM intends to use this authority sparingly; however,
such authority is required in order to ensure that the remaining public
lands outside the selection could be managed efficiently. Moreover,
many
[[Page 41502]]
of these issues that would be removed through this step are likely to
be inadvertent, in which case applying this authority would result in
better property boundaries in the interest of the applicant.
Next, under paragraphs (d) and (e) of this section, the BLM would
send the applicant a Notice of Survey, informing the applicant of the
lands that the BLM planned to survey, and provide the applicant an
opportunity to challenge the Draft Plan of Survey. This step would
allow the applicant to notify the BLM of any objections to the BLM's
exercise of its adjustment authority under paragraph (c), or of any
errors in the survey plan. Paragraphs (f) and (g) of this section
specify that the BLM would finalize the Plan of Survey and conduct the
survey based on that plan.
Under paragraph (h), the BLM would inform the applicant of the
survey results by sending him or her a document that shows the land
surveyed and provide the applicant an opportunity to dispute any errors
within 60 days.
Paragraph (i) of this section specifies that the BLM would then
issue a Certificate of Allotment, as described in Sec. 2569.506. This
paragraph makes clear that the applicant would not receive title or any
right to the land until the certificate is issued. This recognizes that
situations may arise that show the BLM missed something in the
adjudication process which would preclude issuing a certificate, even
if it had finished all of the other enumerated steps above, and the
applicant should not receive any right to the land. The BLM cannot
convey land if at any point during the process it learns the conveyance
would not meet the terms of the statute. Therefore, the applicant would
not hold title to the land or have any rights to use it until he or she
receives a Certificate of Allotment.
Finally, under paragraph (j) of this section, the BLM would remove
the land selection from the MTP if an application is rejected. This
would make the public aware that the land would be subject to the
public land laws again.
Sec. 2569.502 What if more than one Eligible Individual applies for
the same lands?
It is likely that two or more Eligible Individuals would select the
same lands, in whole or part, and that the BLM would be required to
decide which application would be accepted. The Dingell Act provides
that if two or more Eligible Individuals submit an application for the
same parcel of available Federal land, the BLM shall ``give preference
to the selection application received on the earliest date; and . . .
provide to each Eligible Individual the selection application of whom
is rejected . . . an opportunity to select a substitute parcel of
available Federal land.''
In keeping with the statute, the BLM is proposing that first
preference would be given to the complete application bearing the
earliest receipt date. If two or more complete applications bear an
identical receipt date, and one or more application bears a legible
postmark or shipping date, then it is proposed that preference would be
given to the application with the earliest postmark or shipping date.
If applications for the same land still were tied after reviewing the
receipt date and postmark or shipping date, the BLM is proposing that a
number in sequence would be issued to those applications that are still
tied. The BLM would then run a random number generator to pick the
application that would receive preference. The BLM would then issue a
decision to all applicants with conflicting selections with the outcome
of the BLM's determination of preference rights. An appeal of this
decision could impact all conflicting applications. The proposed
regulations specifically address an appeal of this decision at Sec.
2569.801(b).
Applicants whose selections were in conflict with another
application and who did not receive preference according to the methods
described above would have to make a choice. Within 60 days of receipt
of the BLM's notice, the applicant could provide the BLM a substitute
selection that consists of either an adjustment to the original
selection that avoids the conflict, or a new selection in another
location. Such a substitute selection would be considered a new
application, which would be assigned a new receipt date. Under this
option the applicant would need to submit the new land description and
a new map but would not need to resubmit any other portions of their
application.
Alternately, if only part of the selection were in conflict, the
applicant could ask the BLM to keep processing the portion of the
selection that is not in conflict. Under this option, the applicant
would retain its original receipt date. However, the legislation only
allows for one parcel of land to be selected and the applicant could
not apply for more acreage later.
The applicant would have 60 days to make a choice after receiving
the BLM's decision. If the applicant did not respond within that time,
the BLM would issue a decision rejecting the application. The applicant
could, however, then file a new application before the end of the
application period.
Sec. 2569.503 What if my application includes lands that are not
available Federal lands?
This section addresses what would happen if an applicant's
selection included lands that were not available Federal lands. While
the BLM is maintaining a mapping tool to help applicants identify
available Federal lands, it recognizes that situations may arise where
the applicant still applies for lands that were not available because
the land status changed or the BLM later found the lands are not
vacant. This situation could also arise where an applicant's selection
is within State or Native corporation selected land and that entity
refuses to relinquish its selection or the applicant applies for over
160 rods (one half-mile) worth of shoreline and the BLM could not issue
a waiver under 43 CFR 2094.2 (see Sec. 2569.407).
If an applicant's selection included lands that are not available
Federal lands, the BLM is proposing that it would issue the applicant a
decision informing the applicant that the lands selected are not
available. The applicant would then have the same choices he or she
would have under Sec. 2569.503(b). The applicant could make a
substitute selection that consists of an adjustment to his or her
original selection that excludes the lands that are not available, or
of a new selection in a different area. In either case, the new
selection would be considered a new application, with a new receipt
date. The applicant would only need to submit a new land description
and a new map, however, and would not need to resubmit any other
portions of his or her application.
In the alternative, if only part of the applicant's selection is
unavailable, the applicant could ask the BLM to continue processing the
part of the selection that was within available Federal lands. The
applicant would retain the original receipt date but would not be
allowed to apply for more acreage later, since the Dingell Act only
allows for one allotment for each Eligible Individual.
The applicant would have 60 days after receiving the BLM's decision
to make a choice between these options. After 60 days, if the BLM did
not receive a response, the application would be rejected. If the
application were rejected, the applicant could file a new application
for different lands before the end of the application period
[[Page 41503]]
or appeal the decision, pursuant to Sec. 2569.801.
Sec. 2569.504 Once I file, can I change my land selection?
Once an application has been received in accordance with Sec.
2569.411, the applicant could only change his or her land selection if
it was in conflict with another selection or if the selected land were
not available Federal land. Allowing an applicant to change his or her
land selection under other circumstances would require the BLM to
expend a lot of resources when processing a selection, and may raise
fairness issues, because the initial selection would segregate the land
from future applicants selecting that land.
Sec. 2569.505 Does the selection need to be surveyed before I can
receive title to it?
Yes. In order to accurately convey selected land, all land would
have to be surveyed before the BLM could convey it to an Eligible
Individual. The survey process is described in Sec. 2569.501(g). The
applicant would not have to pay for the survey.
Sec. 2569.506 How would the BLM convey the land?
The Act requires the BLM to issue a Certificate of Allotment to
convey the land. Once the survey process is completed, a Certificate of
Allotment would be issued to the applicant, or to the heirs of the
estate of a deceased applicant. All Certificates of Allotment would be
made subject to any valid existing rights and would reserve all
minerals to the United States. The Certificate of Allotment is a
specific type of conveyance instrument that includes a recitation
similar to that found in Certificates of Allotment issued under the
Alaska Native Allotment Act, which states: ``The land above-described
shall be deemed the homestead of the allottee and his or her heirs in
perpetuity and shall be inalienable and nontaxable until otherwise
provided by Congress or until the Secretary of the Interior or his or
her delegate, pursuant to the provision of the Act of May 17, 1906, as
amended, approves a deed of conveyance vesting in the purchaser a
complete title to the land.''
Sec. 2569.507 What should I do if the Eligible Individual dies or
becomes incapacitated during the application process?
This section deals with situations in which an Eligible Individual
begins the application process but dies or becomes incapacitated before
completing the process. In most cases, in order to complete the
application process, a personal representative (in the case of a
deceased applicant) or a guardian, conservator, or attorney-in-fact (in
the case of an incapacitated applicant) would be required to be
appointed to continue the application process.
Under paragraphs (a) and (b), the general provisions for an
individual who dies or becomes incapacitated during the application
process would be the same as the provisions for an individual who dies
or becomes incapacitated before the application begins (see Sec.
2569.303). Specifically, a personal representative, guardian,
conservator, or attorney-in-fact would be required to provide the
materials described in Sec. 2569.404(b). Note that an applicant may
choose to appoint an attorney-in-fact for reasons other than
incapacitation. In such a case, the applicant should follow the
instructions in paragraph (b).
Paragraph (c) deals with the situation in which a deceased or
incapacitated applicant has been sent a notice or decision from the BLM
that requires prompt action, but no personal representative, guardian,
or conservator has been appointed, or no attorney-in-fact has been
designated. The BLM would allow any individual who receives the notice,
or an employee of the BIA or a Realty Service Provider, to make a
request for the application to be held in abeyance while a personal
representative, guardian, conservator, or an attorney-in-fact is
appointed. Under these circumstances, after receiving such a request,
the BLM proposes to extend the time for responding to the BLM notice or
decision for up to two years in order to allow for such a person to be
appointed.
Paragraph (d) of this section deals with two situations in which an
applicant would be allowed, but not required, to respond to a notice
from the BLM. If the applicant (or his or her estate) wished to accept
the BLM's determination, then no further action would be required, and
no personal representative, guardian, conservator, or attorney-in-fact
would need to be designated or appointed. Conversely, if the applicant
(or his or her estate) wished to respond and dispute or take other
action on the determination, then a personal representative, guardian,
conservator, or attorney-in-fact would have to be designated or
appointed, as described above. If the applicant were to die and the
estate did not appoint a personal representative, as permitted under
this paragraph, then the Certificate of Allotment would issue in the
name of the applicant, rather than his or her estate. Paragraph (e) of
this section clarifies that outside of the circumstances described in
paragraphs (b), (c), and (d), the BLM would not accept any
correspondence on behalf of an applicant from any person other than the
applicant or a duly appointed personal representative, guardian,
conservator, or attorney-in-fact.
Available Federal Lands--General
Sec. 2569.601 What lands are available for selection?
The Dingell Act defines the lands that are available to be
conveyed, and the BLM has no role in determining the lands available
for selection through these regulations. The BLM is only identifying
the lands that meet the definition of the Dingell Act. The lands must
be federally owned lands in Alaska that are vacant, unappropriated, and
unreserved, and certified as free of known contaminants. Unless
Congress makes new lands available in the future, these lands are only
those managed by the BLM. The Dingell Act also makes lands available
that are selected, but not conveyed to, the State of Alaska or an
Alaska Native Corporation, but only if the State or Native corporation
chooses to relinquish its selection. Lands which the BLM cannot certify
as free of known contaminants under Sec. 2569.602 would also not be
available.
The Dingell Act also states the lands cannot be in the right-of-way
of the Trans Alaska Pipeline; the inner or outer corridor of such a
right-of-way; withdrawn or acquired for purposes of the Armed Forces;
under review for a pending right-of-way for a natural gas corridor;
within the Arctic National Wildlife Refuge; within a unit of the
National Forest System; designated as wilderness by Congress; within a
unit of the National Park System, a National Preserve, or a National
Monument; within a component of the National Trails System; within a
component of the National Wild and Scenic Rivers System; or within the
National Petroleum Reserve in Alaska.
The BLM maintains an online map identifying the available Federal
lands that is accessible at www.blm.gov/ak-native-vietnam-vet-land-allotment-2019 or directly at https://arcg.is/1HTrrO. For those without
access to the internet, a physical copy of the map of available Federal
lands could be requested by either calling the BLM Alaska Public Room,
the BIA Regional Realty Office or Fairbanks Agency Office, or your
local BIA Service Provider, or by requesting a physical copy in person
at any of the offices listed above under Sec. 2569.412.
[[Page 41504]]
Sec. 2569.602 How will the BLM certify that the land is free of known
contaminants?
The BLM would review the databases listed in the regulation for
contamination reports. If there were information indicating that the
land is potentially contaminated in any of the databases, the land
would not be available for selection. The BLM would not be able to
provide warranty that the land is free from contamination beyond what
is discernible from these databases.
Commenters are encouraged to suggest any other sources the BLM
should review before it certifies the lands as free from contamination.
Sec. 2569.604 Are lands that are valuable for minerals available?
The BLM can convey an allotment that is valuable for minerals, but
the ownership of the minerals would remain with the Federal Government.
Sec. 2569.605 What happens if new lands become available?
If new lands were to become available due to action by Congress or
otherwise, such as the BLM rejecting over-selections, or the State or
Native corporations relinquishing over-selections, the BLM would first
review those lands for any known contamination as described in Sec.
2569.602. The BLM would then update the map tool at https://arcg.is/1HTrrO and its records to show those additional lands that would become
available for selection. If an Eligible Individual did not have a
pending selection, the individual could apply for these newly available
Federal lands.
National Wildlife Refuge System
Sec. 2569.701 If Congress makes lands available within a National
Wildlife Refuge, what additional rules apply?
Currently, no lands are available within National Wildlife Refuges.
The Dingell Act, however, requires the U.S. Fish and Wildlife Service
to conduct a study to determine whether any additional Federal lands
within units of the National Wildlife Refuge System in the State should
be made available for allotment selection. If a subsequent act of
Congress were to make lands available within a Refuge, the Dingell Act
requires that lands conveyed within a National Wildlife Refuge include
patent provisions that the land remain subject to the laws and
regulations governing the use and development of the Refuge.
If any such lands were made available by Congress, the BLM would
update the list of available Federal lands as described in Sec.
2569.605.
Appeals
Sec. 2569.801 What can I do if I disagree with any of the decisions
that are made about my allotment application?
If any party is adversely affected by a decision issued by the BLM
under these regulations, that party may appeal the decision to the
Interior Board of Land Appeals by filing a notice of appeal in the
manner set forth in 43 CFR part 4. The appellant would have the burden
of showing that the decision appealed was in error. Failure to file a
notice of appeal with the BLM within the time allowed would result in
dismissal of the appeal. In order to avoid dismissal of the appeal,
strict compliance with the regulations at 43 CFR part 4 and DOI Form
1842-1, ``INFORMATION ON TAKING APPEALS TO THE INTERIOR BOARD OF LAND
APPEALS'' would be required.
Paragraph (b) of this section addresses appeals of decisions made
pursuant to Sec. 2569.502(b), when more than one applicant applies for
the same land. The BLM addresses this topic separately in the
regulations because the applicant that receives preference for the
lands could be harmed by the delay caused while a decision is being
appealed by another applicant. Therefore, unless the BLM's decision
were stayed on appeal pursuant to 43 CFR 4.21, the BLM would continue
to process the application that received preference, and any substitute
selection made by the applicant who did not receive preference. This
approach is consistent with 43 CFR 4.21(a)(2), which states, ``A
decision will become effective on the day after the expiration of the
time during which a person adversely affected may file a notice of
appeal unless a petition for a stay pending appeal is filed together
with a timely notice of appeal.'' A Petition for Stay, which must occur
early in the process, requires the appellant to demonstrate he or she
has a reasonable likelihood to win on the merits. If the appellant
could not show a likelihood to win on the merits, the Board would not
stay the decision and the BLM would continue to process the application
of the applicant with preference, and potentially convey the land
despite the ongoing appeal. This provision also makes it clear that the
losing party would still have the right to select a substitute parcel
following the appeal.
Paragraph (c) of this section similarly informs a potential
appellant that the lands included in his or her selection would become
available for all future entries, such as another allotment application
or a mining claim, if the decision rejecting his or her application
were not stayed. A Petition for Stay, which must occur early in the
process, would require the appellant to demonstrate that he or she has
a reasonable likelihood to win on the merits. If the appellant could
not show a likelihood to win on the merits, the BLM would not continue
to segregate the land from future entries. This paragraph also informs
the applicant that he or she would lose the preference right if he or
she is not granted a stay, even if he or she wins his appeal. This
would ensure that a later applicant who believed the land was open for
entry due to the BLM lifting the segregation did not lose his or her
selection when the appeal was decided. It would be inequitable for a
good faith applicant to lose his or her rights to the land where the
appellant could protect his rights by filing a Petition for Stay.
IV. Procedural Matters
Regulatory Planning and Review Executive Orders 12866 and 13563
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs in the Office of Management and
Budget will review all significant rules. These draft regulations are
not a significant regulatory action and are not subject to review by
the Office of Management and Budget under Executive Order 12866.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability, reduce uncertainty, and use the best, most innovative,
and least burdensome tools for achieving regulatory ends. The E.O.
directs agencies to consider regulatory approaches that reduce burdens
and maintain flexibility and freedom of choice for the public where
these approaches are relevant, feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes further that regulations must be
based on the best available science and that the rule-making process
must allow for public participation and an open exchange of ideas. We
have developed this rule in a manner consistent with these
requirements.
These draft regulations would not have an effect of $100 million or
more on the economy and will not adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities. The effect of these draft regulations
[[Page 41505]]
would be on a limited number of individuals who are qualified to apply
for allotments and on the Interior Department agencies responsible for
administering the allotment program. The allotment application period
is limited by law to 5 years. The regulations create simple
adjudication tasks for BLM staff to implement the Dingell Act.
For more detailed information, see the Regulatory Impact Analysis
(RIA) prepared for this proposed rule. The RIA has been posted in the
docket for the proposed rule on the Federal eRulemaking Portal: https://www.regulations.gov. In the Searchbox, enter ``RIN1004-AE66,'' click
the ``Search'' button, open the Docket Folder, and look under
Supporting Documents.
Reducing Regulation and Controlling Regulatory Costs (E.O. 13771)
This rule is not a significant regulatory action under E.O. 12866,
and therefore is not considered an E.O. 13771 regulatory action.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980, as amended
(5 U.S.C. 601 et seq.), to ensure that Government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. This proposed rule would apply
only to certain Alaska Native veterans eligible to apply for allotments
and applies only to Alaska Native veterans as individuals. Therefore,
the Department of the Interior certifies that this document would not
have any significant impacts on small entities under the Regulatory
Flexibility Act.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 804(2)). This rule:
(a) Will not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
The BLM is proposing regulations to implement Section 1119 of the
Dingell Act, which provides an additional opportunity for Alaska Native
veterans who have not applied for or received allotments under prior
laws to apply for allotments. This rule will have no significant
economic impact. This rule will specify the procedures under which
applications for allotments under Section 1119 of the Dingell Act are
submitted and processed. Processing of these applications by the BLM
will result in the transfer of lands selected by veterans from the
Federal Government to the veterans, as required by Congress. Submitting
and processing these applications will result in minor costs to the
applicants and to the government.
Unfunded Mandates Reform Act
This proposed rule would not impose an unfunded mandate on State,
local, tribal governments, or the private sector of more than $100
million per year. The rule does not have a significant or unique effect
on State, local, or tribal governments, or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings (E.O. 12630)
This proposed rule would not affect a taking of private property or
otherwise have taking implications under E.O. 12630. Section 2(a) of
E.O. 12630 identifies policies that do not have takings implications,
such as those that abolish regulations, discontinue governmental
programs, or modify regulations in a manner that lessens interference
with the use of private property.
Under the proposed rules, lands selected by an applicant must be
federally owned lands in the State of Alaska that are vacant,
unappropriated, and unreserved. An applicant may select, in whole or in
part, land that has been selected by the State or a Native corporation,
but has not yet been conveyed to that entity; however, the State or
Native corporation must choose to make that land available by
relinquishing their selection.
The proposed rule would not affect private property rights. A
takings implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement.
A federalism assessment is not required because the rule would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Civil Justice Reform (Executive Order 12988)
This proposed rule complies with the requirements of Executive
Order 12988. Specifically, this proposed rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (Executive Order 13175 and Departmental
Policy)
The Department of the Interior strives to strengthen its government
to-government relationship with Indian tribes through a commitment to
consultation with Indian tribes and recognition of their right to self-
governance and tribal sovereignty. This proposed rule complies with the
requirements of Executive Order 13175 and Department of the Interior
Secretarial Order 3317. Specifically, while preparing this proposed
rule, the BLM initiated consultation with potentially affected tribes.
Examples of consultation to date include written correspondence, and
meetings and discussions about objectives of this rulemaking effort
with representatives of tribal governments.
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
This proposed rule contains new information collections. All
information collections require approval under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and
you are not required to respond to a collection of information unless
it displays a currently valid Office of Management and Budget (OMB)
control number.
The information collection requirements identified below associated
with the Alaska Native Vietnam Veteran Land Allotment Program require
approval by OMB:
(1) Provide Proof of Eligibility (43 CFR 2569.302)--Section
2569.302 would allow individuals who believe that they are eligible to
participate in the program, but who have not been automatically
notified by the BLM that they are eligible, to apply for an allotment.
Such individuals would be
[[Page 41506]]
required to provide with their application supporting documents to
prove they are eligible, such as a Certificate of Degree of Indian
Blood, and a Certificate of Release or Discharge from Active Duty (Form
DD-214).
(2) Appointment of Personal Representative/Guardian/Attorney-in-
fact (43 CFR 2569.303 and 2569.404)--Section 2569.303 would allow
another person to apply for an allotment on behalf of an Eligible
Individual. A personal representative of the estate of an Eligible
Individual could apply for an allotment for the benefit of the estate.
The personal representative must be appointed in an appropriate Alaska
State court by either a judge in the formal probate process or the
registrar in the informal probate process. A court-appointed guardian
or conservator or an attorney-in-fact of an Eligible Individual could
apply for an allotment for the benefit of the Eligible individual.
Similarly, under Sec. 2569.507 if an applicant dies or becomes
incapacitated before completing the application process, a personal
representative, guardian, conservator, or attorney-in-fact could be
appointed to continue to represent the applicant or the applicant's
estate.
Section 2569.404 identifies the information and documents that
applicants would be required to include on their initial application
form under various applicant scenarios. This form would collect basic
contact information, along with the Eligible Individual's date of
birth, and:
A map showing the location of the requested allotment,
along with a written description of the land requested. The BLM will
provide an internet-based mapping tool with the identified available
Federal lands;
Appropriate documentation proving that the Eligible
Individual is an Alaska Native;
Appropriate documentation proving that the Eligible
Individual is a Veteran who served during the Vietnam Conflict (between
August 5, 1964, and December 31, 1971).
If applicable, documentation from an Alaska State Court
that shows that a personal representative, guardian/conservator, or
attorney-in-fact is authorized to file the application or pursue an
already-filed application on behalf of the Eligible Individual or his/
her estate.
If additional time is needed for the applicant or the applicant's
heirs to arrange for a personal representative, guardian, conservator,
or attorney-in-fact to be appointed, the BLM would allow the applicant,
an employee of the BIA, or a Realty Service Provider to request that
the application be held in abeyance for 2 years.
Note: With regard to the application process, section 2569.407
specifies that if an applicant's selection contains more than 160 rods
(one-half mile) of water frontage, the BLM will automatically request
the Secretary to waive the 160-rod limitation contained in Section 1 of
the Act of May 14, 1898 (48 U.S.C. 371).
(3) Request for 2-year Extension of Application Deadline (43 CFR
2569.401 and 2569.507)--Section 2569.401 would set a 5-year deadline
for Eligible Individuals, their heirs, or representatives to submit
initial applications. In the case of those who submit applications that
are incorrect, incomplete, or conflict with other selections, Eligible
Individuals would have 60 days after the BLM notifies them of these
defects to submit corrected, completed, or substitute applications.
This period may be extended for up to 2 years in order to allow a
personal representative, guardian, conservator, or attorney-in-fact to
be appointed. (see Sec. Sec. 2569.410, 2569.502, and 2569.503) (This
two-year extension language appears in both 2569.401(b) and 2569.507(c)
reg text. The preamble in the proposed rule discusses the two-year
extension under the 2569.401 discussion and includes the .507(c)
citation.)
(4) Allotment Application--Form BLM No. AK-2469 (43 CFR 2569.402
and 2569.404)--Section 2569.402 would require applicants to fill out
and sign an application form (BLM No. AK-2569). The requirements
associated with 2569.404 are specified above.
Section 2569.403 would require the BLM to directly mail a copy of
the application form to those persons who have been preliminarily
identified as Eligible Individuals through the process described in
Sec. 2569.301. The applications would be mailed to the most recent
addresses on file with the VA, BIA, and the BLM. This section also
identifies locations where copies of the application form would be
available for applicants who do not receive an application in the mail.
(5) Multiple App Applications That Include Selected State and
Native Corporation Lands (43 CFR 2569.405)--If an applicant requests
land previously selected by, but not yet conveyed by the Federal
Government to the State or a Native corporation, the applicant, or the
BLM acting on behalf of the applicant, could request that the State or
Native Corporation relinquish the land to the applicant. This
relinquishment would be conditioned upon the applicant successfully
completing the application process. In conjunction with this
rulemaking, the BLM anticipates that the State and Native corporations
would also issue blanket conditional relinquishments of certain
selected unconveyed lands. These blanket relinquishments also would
take effect only if valid applications for these lands are successfully
completed.
Upon receipt of an application requesting State or Native
Corporation selected, unconveyed lands, if the application does not
include a relinquishment request from either the State or Naive
Corporation, the BLM would automatically request such relinquishment on
behalf of the applicant. The BLM must receive a valid relinquishment
from the State or Native Corporation, agreeing to relinquish the land
to the applicant before approving the application. Following existing
Alaska Conveyance Program policy, the relinquishment would be in the
form of a letter from the State or Native Corporation, and must include
the legal description of the parcel the entity is willing to
relinquish. The letter must also describe the conditions, if any, for
the relinquishment. If the relinquishment is by a Native corporation,
the letter must be accompanied by a board resolution authorizing the
relinquishment and granting the person signing the letter authority to
do so.
If an application requests land covered by a blanket State or
Native corporation relinquishment, a relinquishment letter and a Native
corporation board resolution would not be required.
(6) Correcting Technical Errors on Applications (43 CFR 2569.410)--
If the BLM finds a technical error in an application, such as an
incomplete or unsigned application, it would notify the applicant. The
applicant would then have 60 days after receiving notification to
correct the error.
(7) Correcting Errors in Survey-related Documents (43 CFR
2569.501)--After receiving an application, reviewing the legal
description of the land requested, and making minor boundary
adjustments, if needed, the BLM would send the applicant a Notice of
Survey, informing the applicant of the shape and location of the lands
the BLM planned to survey. The applicant would have an opportunity to
challenge, in writing, the draft Plan of Survey within 60 days of
receipt of the BLM's notice.
(8) Substitute Selections--Multiple Applications on Same Lands (43
CFR 2569.502)--If two or more Eligible Individuals select the same
lands, in whole or in part, the BLM would decide which application
would be given preference based on either submission
[[Page 41507]]
dates and times, or a lottery. The non-preferred applicants could,
within 60 days of receipt of the BLM's decision, either provide the BLM
a new substitute selection or request that the BLM continue to
adjudicate the non-conflicting portion of the selection.
If a non-preferred applicant does not respond to the BLM's decision
within 60 days, the BLM would reject the application and the Eligible
Individual could file a new application for different lands before the
end of the five-year program. Upon completion of the survey, the BLM
would mail the applicant a document titled Conformance to Plat of
Survey. If the applicant found an error in the way the BLM surveyed the
land, based on the Plan of Survey, the applicant could dispute the
survey in writing within 60 days of receipt of the Conformance of Plat
of Survey.
(9) Substitute Selections and Requests for Partial Adjudication
(2569.502 and 43 CFR 2569.503)--If an Eligible Individual's selection
includes lands that are not available Federal lands, the BLM would
issue a decision informing the applicant that the land is unavailable.
The applicant could, within 60 days of receipt of the BLM's decision
either provide the BLM a new substitute selection or request that the
BLM continue to adjudicate the portion of the selection that is within
available Federal lands.
If the applicant fails to respond within 60 days of receipt of the
BLM's decision, the BLM will reject the initial application and the
Eligible Individual could file a new application for different lands
before the end of the five-year application period.
(10) Appeals of BLM Decisions (43 CFR 2569.502, 2569.503, and
2569.801)--Applicants would be allowed to appeal any of the BLM's
decisions regarding their applications to the Interior Board of Land
Appeals as provided for under 43 CFR part 4. If the applicant is a non-
preferred applicant under proposed 43 CFR 2569.502, the losing
applicant could select a substitute parcel under proposed Sec.
2569.502(b).
Title of Collection: Alaska Native Vietnam Era Veterans Land
Allotment.
OMB Control Number: 1004-New.
Form Number: None.
Type of Review: New.
Respondents/Affected Public: Individuals and State/Local/Tribal
governments.
Respondent's Obligation: Required to Obtain or Retain a Benefit.
Frequency of Collection: On occasion.
Estimated Annual Nonhour Burden Cost: $55,000 (associated with
court fees and miscellaneous expenses).
----------------------------------------------------------------------------------------------------------------
Estimated Estimated Estimated
Requirement annual number annual hours total annual
of responses per response burden hours *
----------------------------------------------------------------------------------------------------------------
Provide Proof of Eligibility (43 CFR 2569.302)
Individuals/Households...................................... 50 2 100
Appointment of Personal Representative/Guardian/Attorney-in-fact
(43 CFR 2569.303 and .404)
Individuals/Households...................................... 200 2.5 500
Request for 2-year Extension of Application Deadline (43 CFR
2569.401 and 2569.507)
Individuals/Households...................................... 20 .5 10
Allotment Application (43 CFR 2569.402 and 2569.404
Individuals/Households...................................... 500 4.5 2,250
State/Native Corporation Relinquishments (43 CFR 2569.405)
State/Local/Tribal Governments.............................. 75 2 150
Correcting Technical Errors on Applications (43 CFR 2569.410)
Individuals/Households...................................... 175 2 350
Correcting Errors in Survey-related Documents (43 CFR 2569.501)
Individuals/Households...................................... 20 2 40
Substitute Selections--Multiple Applications on Same Lands (43
CFR 2569.502)
Individuals/Households...................................... 150 2 300
Substitute Selections and Requests for Partial Adjudication
(2569.502 and 43 CFR 2569.503)
Individuals/Households...................................... 15 .5 8
Appeals of BLM Decisions (43 CFR 2569.502, 2569.503, 2569.801)
Individuals/Households...................................... 60 2 120
-----------------------------------------------
Totals.................................................. 1,265 .............. 3,828
----------------------------------------------------------------------------------------------------------------
* Rounded.
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies to comment on
any aspect of this information collection, including:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of response.
Send your comments and suggestions on this information collection
by the date indicated in the DATES section to the Desk Officer for the
Department of the Interior at OMB-OIRA at (202) 395-5806 (fax) or
[email protected] (email). Please indicate ``Attention: OMB
Control Number 1004-AE66'' regardless of the method used to submit
comments on the information collection burdens. If you submit comments
on the information-collection burdens, you should provide the BLM with
a copy, at one of the addresses shown earlier in this section, so that
we can summarize all written comments and address them in the final
rulemaking. Comments not pertaining to
[[Page 41508]]
the proposed rule's information-collection burdens should not be
submitted to OMB. The BLM is not obligated to consider or include in
the Administrative Record for the final rule any comments that are
improperly directed to OMB. You may view the information collection
request(s) at http://www.reginfo.gov/public/do/PRAMain.
National Environmental Policy Act
The BLM does not believe this proposed rule would constitute a
major Federal action significantly affecting the quality of the human
environment, and has prepared preliminary documentation to this effect,
explaining that a detailed statement under the National Environmental
Policy Act (NEPA) would not be required because the proposed rule is
categorically excluded from NEPA review. This proposed rule would be
excluded from the requirement to prepare a detailed statement because,
as proposed, it would be a regulation entirely procedural in nature.
(For further information see 43 CFR 46.210(i)). We have also
determined, as a preliminary matter, that the proposed rule does not
involve any of the extraordinary circumstances listed in 43 CFR 46.215
that would require further analysis under NEPA.
Documentation of the proposed reliance upon a categorical exclusion
has been prepared and is available for public review with the other
supporting documents for this proposed rule.
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. Therefore, a Statement of Energy Effects is not
required.
Clarity of This Regulation
We are required by E.O.s 12866 (section 1(b)(12)), 12988 (section
3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential
Memorandum of June 1, 1998, to write all rules in plain language. This
means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use common, everyday words and clear language rather than
jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you believe that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
Author
The principal authors of this proposed rule are: Paul Krabacher and
Candy Grimes, Division of Lands and Cadastral Survey; assisted by the
Office of the Solicitor.
Casey Hammond,
Principal Deputy Assistant Secretary, Exercising the Authority of the
Assistant Secretary, Land and Minerals Management.
List of Subjects in 43 CFR Part 2560
Alaska, Homesteads, Indian-lands, Public lands-sale, and Reporting
and recordkeeping requirements.
For the reasons set out in the preamble, the BLM proposes to amend
43 CFR part 2560 as follows:
0
1. The authority citation for part 2560 is revised to read as follows:
Authority: 43 U.S.C. 1201, 1740.
0
2. Add subpart 2569 to read as follows:
Subpart 2569--Alaska Native Vietnam-Era Veterans Land Allotments
Sec.
General Provisions
2569.100 What is the purpose of this subpart?
2569.101 What is the legal authority for this subpart?
2569.201 What terms do I need to know to understand this subpart?
Who is Qualified for an Allotment
2569.301 How will the BLM let me know if I am an Eligible
Individual?
2569.302 What if I believe I am an Eligible Individual, but I was
not notified by the BLM?
2659.303 Who may apply for an allotment under this subpart on behalf
of another person?
Applying for an Allotment
2569.401 When can I apply for an allotment under this subpart?
2569.402 Do I need to fill out a special application form?
2569.403 How do I obtain a copy of the application form?
2569.404 What must I file with my application form?
2569.405 What are the special provisions that apply to selections
that include State or Native corporation selected land?
2569.406 What are the rules about the number of parcels and size of
the parcel for my selection?
2569.407 Is there a limit to how much water frontage my selection
can include?
2569.408 Do I need to pay any fees when I file my application?
2569.409 Where do I file my application?
2569.410 What will the BLM do if it finds a technical error in my
application?
2569.411 When is my application considered received by the BLM?
2569.412 Where can I go for help with filling out an application?
2569.413 How will I receive notices and decisions?
Processing the Application
2569.501 What will the BLM do with my application after it is
received?
2569.502 What if more than one Eligible Individual applies for the
same lands?
2569.503 What if my application includes lands that are not
available Federal lands?
2569.504 Once I file, can I change my land selection?
2569.505 Does the selection need to be surveyed before I can receive
title to it?
2569.506 How will the BLM convey the land?
2569.507 What should I do if the Eligible Individual has died or
become incapacitated during the application process?
Available Federal Lands--General
2569.601 What lands are available for selection?
2569.602 How will the BLM certify that the land is free of known
contamination?
2569.604 Are lands that are valuable for minerals available?
2569.605 What happens if new lands become available?
National Wildlife Refuge System
2569.701 If Congress makes lands available within a National
Wildlife Refuge, what additional rules apply?
Appeals
2569.801 What can I do if I disagree with any of the decisions that
are made about my allotment application?
Authority: 43 U.S.C. 1629g-1(b)(2).
Subpart 2569--Alaska Native Vietnam-Era Veterans Land Allotments
General Provisions
Sec. 2569.100 What is the purpose of this subpart?
The purpose of this subpart is to implement Section 1119 of the
John D. Dingell, Jr. Conservation, Management, and Recreation Act of
March 12, 2019, Public Law 116-9, codified at 43 U.S.C. 1629g-1, which
allows Eligible Individuals to receive an allotment of a single parcel
of available Federal lands in Alaska containing not less than 2.5 acres
and not more than 160 acres
Sec. 2569.101 What is the legal authority for this subpart?
43 U.S.C. 1629g-1(b)(2).
[[Page 41509]]
Sec. 2569.201 What terms do I need to know to understand this
subpart?
Allotment is an allocation to an Alaska Native of land which shall
be deemed the homestead of the allottee and his or her heirs in
perpetuity, and shall be inalienable and nontaxable except as otherwise
provided by the Congress;
Available Federal lands means land in Alaska that meets the
requirements of 43 U.S.C. 1629g-1(a)(1) and that the BLM has certified
to be free of known contamination;
Eligible Individual means a Native Veteran who meets the
qualifications listed in 43 U.S.C. 1629g-1(a)(2), and does not have a
pending application and has not already received an allotment pursuant
to the Act of May 17, 1906 (34 Stat. 197, chapter 2469) (as in effect
on December 17, 1971); or section 14(h)(5) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(h)(5)); or section 41 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1629g);
Native means a person who meets the qualifications listed in
section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C.
1602(b));
Native corporation means a regional corporation or village
corporation as defined in sections 3(g) and (j) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602);
Realty Service Provider means a Public Law 93-638 ``Contract'' or
Public Law 103-413 ``Compact'' Tribe or Tribal organization that
provides Trust Real Estate Services for the Bureau of Indian Affairs;
Receipt date means the date on which an application for an
allotment is physically received by the BLM Alaska State Office,
whether the application is delivered by hand, by mail, or by delivery
service;
Segregate has the same meaning as in 43 CFR 2091.0-5(b);
Selection means an area of land that has been identified in an
application for an allotment under this part;
State means the State of Alaska;
State or Native corporation selected land means land that is
selected, as of the receipt date of the allotment application, by the
State of Alaska under the Statehood Act of July 7, 1958, Public Law 85-
508, 72 Stat. 339, as amended, or the Alaska National Interest Lands
Conservation Act (ANILCA) of December 2, 1980, 94 Stat. 2371, or by a
Native corporation under the Alaska Native Claims Settlement Act of
December 18, 1971, 43 U.S.C. 1611 and 1613, and that has not been
conveyed to the State or Native corporation;
Valid relinquishment means a signed document from a person
authorized by a board resolution from a Native corporation or the State
that terminates its rights, title and interest in a specific area of
Native corporation or State selected land. A relinquishment may be
conditioned upon conformance of a selection to the Plat of Survey and
the identity of the individual applicant; and
Veteran means a person who meets the qualifications listed in 38
U.S.C. 101(2) and served in the U.S. Army, Navy, Air Force, Marine
Corps, or Coast Guard, including the reserve components thereof, during
the period between August 5, 1964, and December 31, 1971.
Who Is Qualified for an Allotment
Sec. 2569.301 How will the BLM let me know if I am an Eligible
Individual?
The Bureau of Land Management (BLM), in consultation with the
Department of Defense (DoD), the Department of Veterans Affairs (VA),
and the Bureau of Indian Affairs (BIA), has identified individuals whom
it believes to be Eligible Individuals. If the BLM identifies you as a
presumed Eligible Individual, it will inform you by letter at your last
address of record with the BIA or the VA. Even if you are identified as
presumptively eligible, you still must certify in the application that
you do meet the criteria of the Dingell Act.
Sec. 2569.302 What if I believe I am an Eligible Individual, but I
was not notified by the BLM?
If the BLM has not notified you that it believes that you are an
Eligible Individual, you may still apply for an allotment under this
subpart. However, as described in Sec. 2569.404(b), you will need to
provide evidence with your application that you are an Eligible
Individual. Supporting evidence with your application must include:
(a) A Certificate of Degree of Indian Blood or other documentation
from the BIA to verify you meet the definition of Native; and
(b) A Certificate of Release or Discharge from Active Duty (Form
DD-214) or other documentation from DoD to verify your military
service.
Sec. 2569.303 Who may apply for an allotment under this subpart on
behalf of another person?
(a) A personal representative of the estate of an Eligible
Individual may apply for an allotment for the benefit of the estate.
The personal representative must be appointed in an appropriate Alaska
State court by either a judge in the formal probate process or the
registrar in the informal probate process. The Certificate of Allotment
will be issued in the name of the heirs, devisees, and/or assigns of
the deceased Eligible Individual.
(b) A court-appointed guardian or conservator or an attorney-in-
fact of an Eligible Individual may apply for an allotment for the
benefit of the Eligible individual. The Certificate of Allotment will
be issued in the name of the Eligible Individual.
Applying for an Allotment
Sec. 2569.401 When can I apply for an allotment under this subpart?
(a) You can apply between [EFFECTIVE DATE OF THE FINAL RULE] and
[DATE 5 YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].
(b) Notwithstanding paragraph (a) of this section, in the case of a
corrected or completed application or of an application for a
substitute selection for resolution of a conflict or an unavailable
land selection, you can submit a corrected, completed, or substitute
application within 60 days of receiving the notice described in Sec.
2569.410, 2569.502(b), or 2569.503(a), respectively. This period may be
extended for up to two years in order to allow a personal
representative, guardian, conservator, or attorney-in-fact to be
appointed, as provided in Sec. 2569.507(c).
(c) Except as set forth in paragraph (b) of this section, the BLM
will issue a decision rejecting any application received after [DATE 5
YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].
Sec. 2569.402 Do I need to fill out a special application form?
Yes. You must complete and sign BLM Form No. AK-2569-[OMB NUMBER],
``Alaska Native Vietnam-Era Veteran Land Allotment Application.''
Sec. 2569.403 How do I obtain a copy of the application form?
The BLM will mail you an application form if you are determined to
be an Eligible Individual under Sec. 2569.301. If you do not receive
an application in the mail, you can also obtain the form at the BIA, a
BIA Realty Service Provider's office, the BLM Public Room, or on the
internet at www.blm.gov/ak-native-vietnam-vet-land-allotment-2019.
Sec. 2569.404 What must I file with my application form?
(a) You must include the following along with your signed
application form:
(1) A map showing the selection you are applying for:
[[Page 41510]]
(i) Your selection must be drawn on a map in sufficient detail to
locate the selection on the ground.
(ii) You must draw your selection on a map that is either a
topographic map or a printout of a map that shows the section lines
from the BLM mapping tool, available at www.blm.gov/ak-native-vietnam-vet-land-allotment-2019.
(2) A written description of the lands you are applying for,
including:
(i) Section, township, range, and meridian; and
(ii) If desired, additional information about the location. The
submitted map will be given preference if there is a conflict between
the written description and the submitted map, unless you specify
otherwise.
(b) In addition to the materials described in paragraph (a) of this
section, you must also provide the following materials, under the
circumstances described in this paragraph (b):
(1) If you, or the person on whose behalf you are applying, are an
Eligible Individual as described in Sec. 2569.301, and were not
notified by the BLM of your eligibility, you must provide proof that
you, or the person on whose behalf you are applying, are an Eligible
Individual, consisting of:
(i) A Certificate of Degree of Indian Blood or other documentation
from the BIA to verify that you (or the person on whose behalf you are
applying) are an Alaska Native; and
(ii) A Certificate of Release or Discharge from Active Duty (Form
DD-214) or other documentation from DoD to verify that you (or the
person on whose behalf you are applying) are a Veteran and served
between August 5, 1964 and December 31, 1971.
(2) If you are applying on behalf of the estate of an Eligible
Individual who is deceased, you must provide proof that you have been
appointed by an Alaska State court as the personal representative of
the estate, and an affidavit stating that the appointment has not
expired. The appointment may have been made before or after the
enactment of the Act, as long as it has not expired.
(3) If you are applying on behalf of an Eligible Individual as that
individual's guardian or conservator, you must provide proof that you
have been appointed by a court of law, and an affidavit stating that
the appointment has not expired.
(4) If you are applying on behalf of an Eligible Individual as that
individual's attorney-in-fact, you must provide a legally valid and
current power of attorney that either grants a general power-of-
attorney or specifically includes the power to apply for this benefit
or conduct real estate transactions.
(c) You must sign the application, certifying that all the
statements made in the application are true, complete, and correct to
the best of your knowledge and belief and are made in good faith.
Sec. 2569.405 What are the special provisions that apply to
selections that include State or Native corporation selected land?
(a) If the selection you are applying for includes State or Native
corporation selected land, the BLM must receive a valid relinquishment
from the State or Native corporation that covers all of the lands in
your selection that are State or Native corporation selected lands.
This requirement does not apply if all of the State or Native
corporation selected land included within your selection consists of
land for which the State or Native corporation has issued a blanket
conditional relinquishment as shown on the mapping tool available at
http://www.blm.gov/ak-native-vietnam-vet-land-allotment-2019.
(b) No such relinquishment may cause a Native corporation to become
underselected. See 43 U.S.C. 1621(j)(2) for a definition of
underselection.
(c) An application for Native corporation or State selected land
will segregate the land from any future entries on the land once the
BLM receives a valid relinquishment.
(d) If the State or Native corporation is unable or unwilling to
provide a valid relinquishment, the BLM will issue a decision finding
that your selection includes lands that are not available Federal lands
and then follow the procedures set out at Sec. 2569.503.
Sec. 2569.406 What are the rules about the number of parcels and
size of the parcel for my selection?
(a) You may apply for only one parcel.
(b) The parcel cannot be less than 2.5 acres or more than 160
acres.
Sec. 2569.407 Is there a limit to how much water frontage my
selection can include?
Generally, yes. You will normally be limited to a half-mile along
the shore of a navigable water body, referred to as 160 rods (one half-
mile) in the regulations at 43 CFR subpart 2094. If you apply for land
that extends more than 160 rods (one half-mile), the BLM will treat
your application as a request to waive this limitation. As explained in
43 CFR 2094.2, the BLM can waive the half-mile limitation if the BLM
determines the land is not needed for a harborage, wharf, or boat
landing area, and that a waiver will not harm the public interest. If
the BLM determines it cannot waive the 160-rod (one half-mile)
limitation, the BLM will issue a decision finding your selection
includes lands that are not available Federal lands and then follow the
procedures set out at Sec. 2569.503.
Sec. 2569.408 Do I need to pay any fees when I file my application?
No. You do not need to pay a fee to file an application.
Sec. 2569.409 Where do I file my application?
You must file your application with the BLM Alaska State Office in
Anchorage, Alaska, by one of the following methods:
(a) Mail or delivery service: Bureau of Land Management, ATTN:
Alaska Native Vietnam-era Veterans Land Allotment Section, 222 West 7th
Avenue, Mail Stop 13, Anchorage, Alaska 99513-7504; or
(b) In person: Bureau of Land Management Alaska, Public Information
Center, 222 West 7th Avenue, Anchorage, Alaska 99513-7504.
Sec. 2569.410 What will the BLM do if it finds a technical error in
my application?
If the BLM finds a technical error in your application, such as an
incomplete or unsigned application form or missing materials that are
required by Sec. 2569.402, 2569.404 or 2569.405, then the BLM will
send you a notice identifying any correctable errors or omissions. You
will have 60 days from the date you received the notice to correct the
errors or provide the omitted materials. You will be required to submit
the corrections to the BLM within the 60-day period or the BLM will
issue a decision rejecting your application and require you to submit a
new application. Your corrected or completed application will be deemed
received, for purposes of preference, on the date that the last
correction is received, as set forth in Sec. 2569.411.
Sec. 2569.411 When is my application considered received by the BLM?
(a) An application that is free from technical errors, as described
in Sec. 2569.410, will be deemed received on the receipt date, except
that if such an application is received before (EFFECTIVE DATE OF THE
FINAL RULE), the application will be deemed received on (EFFECTIVE DATE
OF THE FINAL RULE).
(b) An application that contains technical errors, as described in
Sec. 2569.410, will be deemed received on the receipt date of the last
required correction.
(c) In the case of a substitute selection for conflict resolution
under Sec. 2569.502, or for correction of an unavailable lands
[[Page 41511]]
selection under Sec. 2569.503, the substitute application will be
deemed received on the receipt date of the substitute selection
application.
Sec. 2569.412 Where can I go for help with filling out an
application?
You can receive help with your application at:
(a) The BIA or a BIA Realty Service Provider for your home area or
where you plan to apply. To find the list of the BIA Realty Service
Providers, go to https://www.bia.gov/regional-offices/alaska/real-estate-services/tribal-service-providers or call 907-271-4104 or 1-800-
645-8465;
(b) The BLM Alaska Public Room:
The Anchorage Public Room located at 222 West 7th Avenue,
Anchorage, Alaska 99513-7504, by email at [email protected],
by telephone at 907-271-5960, Monday through Friday from 8:00 a.m. to
4:00 p.m. excluding Federal Holidays
The Fairbanks Public Room located at 222 University Ave, Fairbanks,
Alaska 99709, by email at [email protected] or by
telephone at 907-474-2252 or 2200, Monday through Friday from 7:45 a.m.
to 4:30 p.m. excluding Federal Holidays;
(c) The following BLM Field Offices:
Anchorage Field Office located at 4700 BLM Road, Anchorage, Alaska, by
email at [email protected], by phone 907-267-1246,
Monday through Friday from 7:30 a.m. to 4:00 p.m. excluding Federal
Holidays
Glennallen Field Office located at Mile Post 186.5 Glenn Highway, by
email at [email protected], by phone 907-822-3217,
Monday through Friday 8:00 a.m. to 4:30 p.m. excluding Federal Holidays
Nome Field Station located at the U.S. Post Office Building, by phone
907-443-2177, Monday through Friday excluding Federal holidays;
(d) Your local VA office; and
(e) Online at the BLM website which gives answers to frequently
asked questions and a mapping tool which will show the available
Federal lands and provide online tools for identifying and printing
your selection: www.blm.gov/ak-native-vietnam-vet-land-allotment-2019.
Sec. 2569.413 How will I receive notices and decisions?
(a) The BLM will provide all notices and decisions by Certified
Mail with Return Receipt to your address of record.
(b) Where these regulations specify that you must take a certain
action within a certain number of days of receiving a notice or
decision, the BLM will determine the date on which you received the
notice or decision as follows:
(i) If you sign the Return Receipt, the date on which you received
the notice or decision will be the date on which you signed the Return
Receipt.
(ii) If the notice or decision is returned as undelivered, or if
you refuse to sign the Return Receipt, the BLM will make a second
attempt by an alternative method. If the second attempt succeeds in
delivering the notice or decision, the BLM will deem the notice or
decision to have been received on the date when the notice or decision
was delivered according to the mail tracking system.
(iii) If the notice or decision is returned as undelivered
following the second attempt, the BLM may issue a decision rejecting
your application.
(c) You have a duty to keep your address up to date. If your
mailing address or other contact information changes during the
application process, please notify the BLM by mail at the address
provided in Sec. 2569.409(a), or by telephone at 907-271-5960. If you
notify the BLM by mail, please prominently include the words ``Change
of Contact Information'' in your letter.
Processing the Application
Sec. 2569.501 What will the BLM do with my application after it is
received?
After your application is deemed received in accordance with Sec.
2569.411, the BLM will take the following steps:
(a) The BLM will enter your selection onto the Master Title Plat
(MTP) to make the public aware that the land has been segregated from
the public land laws.
(b) The BLM will then determine whether the selection includes only
available Federal lands or if the selection conflicts with any other
applicant's selection. The BLM will also review its records and aerial
imagery to identify, to the extent it can, any valid existing rights
that exist within the selection.
(c) The BLM may make minor adjustments to the shape and description
of your selection to match existing property boundaries, roads, or
meanderable waterbodies, or to reduce the number of corners or curved
boundary segments.
(d) After any adjustments have been made, the BLM will send you a
Notice of Survey to inform you of the shape and location of the lands
the BLM plans to survey. The Notice of Survey will include:
(1) Your original land description;
(2) The adjusted land description plotted onto a Topographic Map
and a MTP;
(3) Imagery of your original land description with the adjusted
land description projected onto it;
(4) A Draft Plan of Survey; and
(5) A list of valid existing rights that the BLM has identified
within the selection.
(e) The Notice of Survey will provide you an opportunity to
challenge, in writing, the Draft Plan of Survey of the adjusted land
description within 60 days of receipt of the BLM's notice. If no
challenge is received within 60 days, the BLM will deem the Draft Plan
of Survey to have been accepted.
(f) The BLM will finalize the Plan of Survey based on the Draft
Plan of Survey in the Notice of Survey or the adjustment you provide
pursuant to paragraph (e) of this section.
(g) The BLM will survey the selection based on the Plan of Survey.
(h) After survey, the BLM will mail you a document titled
Conformance to Plat of Survey. That document will:
(1) Show the selection as actually surveyed;
(2) Plot the survey onto imagery; and
(3) If you found an error in the way the BLM surveyed the selection
based on the Plan of Survey, provide an opportunity to dispute the
survey in writing within 60 days of receipt of the Conformance of Plat
of Survey. If no notice of dispute is received within 60 days, the BLM
will deem the survey to have been accepted.
(i) The BLM will issue a Certificate of Allotment. No right or
title of any sort will vest in the selection until the Certificate of
Allotment is issued.
(j) If an application is rejected for any reason, the BLM will
remove the corresponding selection from the MTP to make the public
aware that the land is no longer segregated from the public land laws.
Sec. 2569.502 What if more than one Eligible Individual applies for
the same lands?
(a) If two or more Eligible Individuals select the same lands, in
whole or part, the BLM will:
(1) Give preference to the application bearing the earliest receipt
date;
(2) If two or more applications bear an identical receipt date, and
one or more application bears a legible postmark or shipping date, give
preference to the application with the earliest postmark or shipping
date; or
(3) Assign to any applications for the same land that are still
tied after the criteria in paragraphs (a)(1) and (2) of this section
are applied a number in sequence, and run a random number
[[Page 41512]]
generator to pick the application that will receive preference.
(4) For purposes of paragraphs (a)(1) and (2) of this section, an
application received, postmarked, or shipped before (EFFECTIVE DATE OF
THE FINAL RULE) will be deemed to have been received, postmarked, or
shipped on (EFFECTIVE DATE OF THE FINAL RULE).
(b) The BLM will issue a decision to all applicants with
conflicting selections setting out the BLM's determination of
preference rights. Applicants who do not have preference must make one
of the following choices:
(1) Provide the BLM a substitute selection within 60 days of
receipt of the BLM's decision. The substitute selection may consist of
either an adjustment to the original selection that avoids the
conflict, or a new selection located somewhere else. The substitute
selection will be considered a new application for purposes of
preference, as set forth in Sec. 2569.411(c), but the applicant will
not need to resubmit any portions of the application other than the
land description and map; or,
(2) If only a portion of the selection is in conflict, the
applicant may request that the BLM continue to adjudicate the portion
of the selection that is not in conflict. The BLM must receive the
request within 60 days of your receipt of the BLM's decision. Each
applicant is are allowed only one selection of land under this act, and
will not be allowed to apply for more acreage later.
(c) If you receive a decision finding your application does not
have preference under paragraph (b) of this section and the BLM does
not receive your choice within 60 days of receipt of the notice, the
BLM will issue a decision rejecting your application. If your
application is rejected, you may file a new application for different
lands before the end of the five-year application period.
Sec. 2569.503 What if my application includes lands that are not
available Federal lands?
(a) If your selection includes lands that are not available Federal
lands, the BLM will issue you a decision informing you of the
unavailable land selection and give you the following choices:
(1) Provide the BLM a substitute selection within 60 days of your
receipt of the decision. The substitute selection may consist of either
an adjustment to your original selection that avoids the unavailable
lands, or a new selection located somewhere else. Your substitute
selection will be considered a new application for purposes of
preference, as set forth in Sec. 2569.411(c), but you will not need to
resubmit any portions of your application other than the land
description and map; or,
(2) If only a portion of your selection is unavailable, you may
request that the BLM continue to adjudicate the portion of the
selection that is within available Federal lands. The BLM must receive
your request within 60 days of your receipt of the BLM's decision. You
are allowed only one parcel of land under this act, and you will not be
allowed to apply for more acreage later.
(b) If you receive a decision finding your selection includes
unavailable lands under paragraph (a) of this section and the BLM does
not receive your choice within 60 days of receipt of the notice, the
BLM will issue a decision rejecting your application. If your
application is rejected, you may file a new application for different
lands before the end of the five-year application period.
Sec. 2569.504 Once I file, can I change my land selection?
Once your application is received in accordance with Sec.
2569.411, you will not be allowed to change your selection except as
set forth in Sec. 2569.502 or 2569.503.
Sec. 2569.505 Does the selection need to be surveyed before I can
receive title to it?
Yes. The land in your selection must be surveyed before the BLM can
convey it to you. The BLM will survey your selection at no charge to
you, as set forth in Sec. 2569.501(g).
Sec. 2569.506 How will the BLM convey the land?
(a) The BLM will issue a Certificate of Allotment which includes
language similar to the language found in Certificates of Allotment
issued under the Act of May 17, 1906 (34 Stat. 197, chapter 2469),
providing that the land conveyed will be deemed the homestead of the
allottee and his or her heirs in perpetuity, and will be inalienable
and nontaxable until otherwise provided by Congress or until the
Secretary of the Interior or his or her delegate approves a deed of
conveyance vesting in the purchaser a complete title to the land.
(b) The Certificate of Allotment will be issued subject to valid
existing rights.
(c) The United States will reserve to itself all minerals in the
Certificate of Allotment.
Sec. 2569.507 What should I do if the Eligible Individual dies or
becomes incapacitated during the application process?
(a) If an Eligible Individual dies during the application process,
another individual may continue the application process as a personal
representative of the estate of the deceased Eligible Individual by
providing to the BLM the materials described in Sec. 2569.404(b)(2).
(b) If an Eligible Individual becomes incapacitated during the
application process, another individual may continue the application
process as a court-appointed guardian or conservator or as an attorney-
in-fact for the Eligible Individual by providing to the BLM the
materials described in Sec. 2569.404(b)(3) or (4).
(c) If a deceased or incapacitated Eligible Individual has received
a notice from the BLM that requires a response within 60 days, as
described in Sec. 2569.410, 2569.501(e), 2569.501(h)(3), 2569.502(b),
or 2569.503(a), and no personal representative, guardian, or
conservator has been appointed, or no attorney-in-fact has been
designated, the individual who receives the notice, or an employee of
the BIA or a Realty Service Provider, may respond to the notice in
order to request that the BLM extend the 60-day period to allow for a
personal representative, guardian, or conservator to be appointed. The
BLM will extend a 60-day period under this paragraph (c) for up to two
years.
(d) If the BLM has completed a Draft Plan of Survey as described in
Sec. 2569.501(d) or a survey as described in Sec. 2569.501(g), and
the estate of the deceased Eligible Individual does not wish to dispute
the Draft Plan of Survey as described in Sec. 2569.501(e) or the
results of the survey as described in Sec. 2569.501(h), then the BLM
will not require a personal representative to be appointed. The BLM
will continue to process the application and will issue the Certificate
of Allotment in the name of the deceased Eligible Individual.
(e) Other than as provided in paragraphs (b), (c), and (d) of this
section, the BLM will not accept any correspondence on behalf of a
deceased or incapacitated Eligible Individual from an individual who
has not provided the materials described in Sec. 2569.404(b)(2), (3),
or (4).
Available Federal Lands--General
Sec. 2569.601 What lands are available for selection?
You may receive title only to lands identified as available Federal
land. You can review the available Federal lands on the mapping tool
available at www.blm.gov/ak-native-vietnam-vet-land-allotment-2019. If
you do not have access to the internet, a physical copy of the map of
available Federal lands can be requested by either:
(a) Calling the BLM Alaska Public Room, the BIA Regional Realty
Office or Fairbanks Agency Office, or your local
[[Page 41513]]
BIA Service Provider. The map will be current as of the date it is
printed, and mailed to the mailing address provided at the time of
request; or
(b) Requesting a physical copy in person at any of the offices
listed in this section.
Sec. 2569.602 How will the BLM certify that the land is free of
known contaminants?
The BLM will review land for contamination by using current
contaminated site database information in the Alaska Department of
Environmental Conservation database, the U.S. Army Corps of Engineers
Formerly Used Defense Sites database, the U.S. Air Force database, and
the Federal Aviation Administration database, or any equivalent
databases if any of these databases are no longer available. Any land
found to have possible contamination based on these searches will not
be available for selection.
Sec. 2569.604 Are lands that are valuable for minerals available?
Yes, however, the minerals will be reserved to the United States
and will not belong to you.
Sec. 2569.605 What happens if new lands become available?
(a) New lands may become available during the application period.
As additional lands become available, the BLM will review the lands to
determine whether they are free of known contaminants as described in
Sec. 2569.602.
(b) After review, the BLM will update the online web maps of
available Federal lands to include these additional lands during the
five-year application period.
National Wildlife Refuge System
Sec. 2569.701 If Congress makes lands available within a National
Wildlife Refuge, what additional rules apply?
Any Certificate of Allotment for lands within a National Wildlife
Refuge will contain provisions that the lands remain subject to the
laws and regulations governing the use and development of the Refuge.
Appeals
Sec. 2569.801 What can I do if I disagree with any of the decisions
that are made about my allotment application?
a. You may appeal all decisions to the Interior Board of Land
Appeals under 43 CFR part 4.
b. On appeals of decisions made pursuant to Sec. 2569.502(b):
1. Unless the BLM's decision is stayed on appeal pursuant to 43 CFR
4.21, the BLM will continue to process the conflicting applications
that received preference over your application.
2. Within 60 days of receiving a decision on the appeal, the losing
applicant may exercise one of the two options to select a substitute
parcel pursuant to Sec. 2569.502(b).
c. On appeals of decisions which reject the application or of a
decision made pursuant to Sec. 2569.503(a):
1. Unless the BLM's decision is stayed on appeal pursuant to 43 CFR
4.21, the BLM will lift the segregation of your selection and the land
will be available for all future entries.
2. If you win the appeal and the decision was not stayed, your
selection will be considered received as of the date of the Interior
Board of Land Appeals decision for purposes of preference under Sec.
2569.502(a).
[FR Doc. 2020-13808 Filed 7-9-20; 8:45 am]
BILLING CODE 4310-JA-P