[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Rules and Regulations]
[Pages 75874-75892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24954]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 2560
[LLAK940000 L14100000.HM0000 20X]
RIN 1004-AE66
Alaska Native Vietnam-Era Veterans Allotments
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: The Bureau of Land Management (BLM) is issuing final
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 action will enable
certain Alaska Native Vietnam-era veterans to apply for an allotment
who, because of their military service, were not able to do so during
the late 1960s and early 1970s.
DATES: The final rule is effective on December 28, 2020.
FOR FURTHER INFORMATION CONTACT: Paul Krabacher, Division of Lands and
Cadastral, Bureau of Land Management, (907) 271-5681. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal Relay
Service (FRS) at 1-800-877-8339, 24 hours a day, 7 days a week, to
leave a message or question with the previously mentioned point of
contact. You will receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of the Final Rule, Section-by-Section Analysis, and
Response to Comments on the Proposed Rule
III. Procedural Matters
I. 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Settlement Act (ANCSA; 43 U.S.C. 1601, et seq.), which repealed the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 Section 1119 of the Dingell Act
(codified at 43 U.S.C. 1629g-1) to
[[Page 75875]]
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 as it pertains to land allotments for
Alaska Native veterans. This rule will carry out that congressional
mandate.
II. Discussion of the Final Rule, Section-by-Section Analysis, and
Response to Comments on the Proposed Rule
The BLM developed this rule based on the proposed rule published in
the Federal Register on July 10, 2020 (85 FR 41495). The BLM invited
public comment for 30 days and received written comments from 28
individuals and groups. In addition, the agency in collaboration with
the Bureau of Indian Affairs (BIA) held public meetings in Anchorage
and Fairbanks prior to the drafting of the proposed rules to give
participants an opportunity to provide early input into the proposed
rule. The primary purpose of these meetings was to gather input from
Alaska Native entities and the State, in keeping with the requirement
in the Dingell Act for consulting with State, Native corporations on
available lands for selection. Oral comments were recorded in writing
at each of the meetings prior to the drafting of the proposed rules.
Additionally, four virtual public meetings were held during the 30-day
comment period. All the meetings were open to the public and were
advertised in local media. Participants included both Alaska Native and
non-Native individuals. Transcripts and recordings were captured for
three of the virtual meetings and are included in the administrative
record for this rule.
Most of the written comments we received during the 30-day comment
period addressed more than one section of the proposed rule. Comments
are addressed on a section-by-section basis.
This preamble discusses the proposed rule and the comments the BLM
received from the public about the rule. It explains the changes the
BLM incorporated into this final rule and why the BLM made them. It
also explains why the BLM did not adopt all of the changes recommended
by the public.
The final rule is adopted with the changes to the proposed rule
discussed in this section. In summary, the final rule establishes the
requirements for participating in the Alaska Native Vietnam Veterans
Land Allotment Program (Program). It contains the requirements an
applicant must meet in order to qualify to apply for and receive an
allotment.
The final rule establishes:
1. The types of Federal land that the BLM can and cannot convey to
an allotment applicant;
2. When and how an applicant may apply for a substitute selection
if the original application describes land that cannot be conveyed;
3. How a personal representative may apply for an allotment on
behalf of eligible veterans or the heirs of eligible veterans; and
4. The processing of applications for allotments.
Responses to Comments
In preparing the final rule, the BLM considered each of the 171
comments received from 28 individuals and groups during the 30-day
public comment period. A discussion of those comments follows. The
discussion deals with changes made to the final rule resulting from
comments the BLM received, as well as through internal review. The
discussion also covers changes urged by the public that the BLM is not
adopting. In both cases we explain the reason(s) for the decisions.
Many of the comments the BLM received were about the applicant's
inability to select lands because they are currently unavailable.
Section 1119(b) of the Dingell Act identifies certain Federal lands
that are excluded from being allotted under this Program, including but
not limited to lands within the boundary of a National Forest System
Unit, a U.S. Fish and Wildlife Service (USFWS) refuge, a National Park
System Unit, or a congressionally designated wilderness area. The
statute also excludes lands that are subject to a withdrawal under
section 17(d)(1) of the Alaska Native Claims Settlement Act, or other
authority. Commenters noted that a majority of Alaska Native veterans
(or heirs) who are eligible for this Program reside in the Southeast
portion of Alaska where lands are not available for selection because
Congress excluded the National Forest System Units, including the
Tongass National Forest. As a result of these statutory exclusions,
allottees and their heirs will not be able to receive ancestral lands
or lands near their homes. The Dingell Act makes only vacant,
unappropriated, and unreserved lands available for selection. The BLM
has no authority to make lands available except pursuant to the Dingell
Act, and the regulations cannot open any new lands.
Another category of comments pertained to the 60-day time periods
in the proposed rule for applicants to respond to certain actions, such
as notifications for correcting errors and responding to BLM decisions.
Commenters were concerned that these 60-day deadlines are not long
enough. We address these comments--which were directed to many
different sections of the proposed rule--in the discussion of Sec.
2569.414 that follows.
The BLM added language to some sections where commenters said the
language was not clear. We are making other changes to ensure that the
rule is consistent from one section to another and that the meaning of
certain terms is clear.
The following is a section-by-section discussion of the comments
the BLM received, and which suggestions we adopted and which
suggestions we rejected and our reasons for doing each.
Section 2569.201 What terms do I need to know to understand this
subpart?
Section 2569.201 contains definitions that are used in the
regulations. The BLM is adding new definitions that clarify the meaning
of ``error'' as it relates to the application process. Based on
comments received, the BLM agrees that it should not reject an
application with very minor errors and should consider it to be
``received.'' This change requires the BLM to differentiate in the
regulations between errors that are very minor, major errors that are
correctable, and major errors that cannot be corrected; the BLM
determined it would use the terms ``technical error,'' ``substantive
error,'' and ``uncorrectable defect'' respectively to define each
category of errors. The discussion of how these new definitions will be
applied during the application process is addressed later in this
preamble (see discussion under Sec. Sec. 2569.410 and 2569.411).
Specific terms addressing comments or additions for clarity
include:
Allotment. Several commenters requested that the definition include
language from the previous 1998 Act stating that proof of prior use and
occupancy of selected lands is not required. Although the BLM agrees
that such proof is not required, since the regulations only provide for
what is required (and not what is not), we are not changing the text in
the final rule in response to these comments.
Available Federal Lands. This term in the final rule incorporates
the definition from the Dingell Act. In general, ``available Federal
land'' is defined as vacant, unappropriated, and unreserved public
land. One commenter requested that available lands include lands
withdrawn pursuant to section 17(d)(1)
[[Page 75876]]
of the Alaska Native Claims Settlement Act. These lands are only
available when the withdrawal is revoked. We are not changing the
definition in the final rule in response to this comment.
Eligible Individual. This term is used throughout the regulations
to refer to an Alaska Native veteran who is eligible to receive an
allotment under the Dingell Act, or another person who is eligible to
apply for an allotment on the behalf of such a veteran. One commenter
requested clarity on whether a person who previously applied for, but
did not receive, an allotment is eligible. An individual who previously
applied for, but did not receive, an allotment does qualify for this
Program. We are not changing the definition in the final rule because
the definition already states that a Native Veteran who ``has not
already received'' an allotment is an eligible individual.
Another commenter asked whether a pending application under the
1998 Act would disqualify an individual for this Program. The BLM found
that this is a very rare situation and in the final rule has deleted a
reference to ``pending applications'' from the proposed definition. If
the BLM receives an application from a pending applicant, it will
contact the individual and explain the options for going forward. The
pending application will need to be relinquished or denied before the
BLM can process an application under this Program. Therefore, the BLM
removed the phrase ``and does not have a pending application'' from the
definition. In so doing, there is no longer a reason to refer to prior
allotment programs cited in the Dingell Act, and that reference has
been removed. The BLM will change the definition in the regulation to
solely refer to the Dingell Act since it is no longer modifying when an
applicant is deemed to have received an allotment under the other
allotment acts.
Another commenter recommended spelling out the definition as
written in the Dingell Act instead of referring readers to the Act. The
BLM decided to retain the reference to the Act instead of reciting the
definition in the Act to ensure that the language stays consistent with
the Act.
Mineral. A commenter requested that the BLM add a definition for
``minerals.'' In the proposed and final rules, the United States will
reserve to itself all minerals associated with lands allotted under
this Program. The commenter requested this new definition in order to
limit the U.S. mineral reservation to coal, oil, and gas. The BLM
agrees that providing a definition of mineral will be beneficial
because the term ``mineral'' is vague. However, the commenter's
requested definition is too limited considering the legislative intent
behind the Dingell Act. Congress's intent 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 of 1906. Congress also intended
to eliminate historic delays related to agency review of the mineral
potential for requested allotments by allowing applicants to select any
available lands while reserving the mineral estate to the United
States. Under the Alaska Native Allotment Act of 1906, allotments could
be made only on vacant, unappropriated, and unreserved ``nonmineral''
land, which is generally defined as lands that are not known to contain
any leasable, saleable, or locatable minerals, in such quantities and
of such qualities as would, with reasonable prospects of success in
developing a paying mine thereon, induce a person of ordinary prudence
to expend the time and money necessary to such development. In 1980,
however, section 905(a)(3) of the Alaska National Interest Lands
Conservation Act (43 U.S.C. 1634(a)(3)) expanded the definition of
``nonmineral'' lands under the Alaska Native Allotment Act of 1906 to
include lands with valuable deposits of sand or gravel. Based on this
revised definition of ``nonmineral'' lands under the Alaska Native
Allotment Act of 1906, ``mineral'' is properly defined for this rule as
including coal, oil, natural gas, other leasable minerals, locatable
minerals, and saleable minerals, other than sand and gravel.
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 BIA. Although Sec.
2569.412(a) lists the website the public can use to determine which
Service Provider serves a particular area for assistance with an
application, one commenter recommended that the link be added to the
definition as well. The BLM believes that the location of the website
URL is more appropriate in Sec. 2569.412 and did not change this
definition in the final rule.
Receipt date. This term is used in the 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 will receive
preference if two or more applications contain conflicting selections.
A commenter suggested that a postmark be the determining factor for
preference versus the date an application arrives at the BLM Alaska
State Office. This situation is addressed later in this preamble in the
discussion of Sec. 2569.502. The BLM did not change this definition in
the final rule as a result of this comment.
Substantive error. As discussed later in this preamble (see
Sec. Sec. 2569.410 and 2569.411), this new definition is added to the
final rule to describe one category of errors or omissions that the BLM
may find on applications and supporting documents submitted as required
under Sec. 2569.402. Substantive errors include, but are not limited
to: Missing land descriptions and missing forms required under Sec.
2569.404, if applicable. When an applicant corrects this type of error,
the correction could show that the application has an uncorrectable
defect, for instance, the applicant is not an Alaska Native.
Technical error. As discussed later in this preamble (see
Sec. Sec. 2569.410 and 2569.411), this new definition is added to the
final rule to describe one category of errors or omissions that the BLM
may find on applications and supporting documents submitted as required
under Sec. 2569.402. A ``technical error'' is defined as a type of
error that does not rise to the level of a substantive error or
uncorrectable defect. For example, not signing your application is a
technical error that can easily be corrected and does not raise any new
issues that would cause an application to be rejected.
Uncorrectable defect. As discussed later in this preamble (see
Sec. Sec. 2569.410 and 2569.411), this new definition is added to the
final rule to describe one category of errors or omissions that the BLM
may find on applications and supporting documents submitted as required
under Sec. 2569.402. An uncorrectable defect in an application is
evidence that shows you are not qualified for an allotment. That
evidence includes a lack of qualifying military service or proof of
Alaska Native descent, or shows that the applicant has already received
an allotment under a previous allotment program.
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.'' A commenter requested that the BLM clarify
that for the relinquishment to be valid, the voluntary relinquishment
must be signed by a person authorized by a board resolution of the
Native corporation or a delegated official of the State. The BLM
already included this
[[Page 75877]]
requirement in the definition and it will not make any changes.
The BLM has added the new definitions in alphabetic order, which
requires us to redesignate the individual definitions as paragraphs (a)
through (q) in the final rule. We did not receive comments on the
following definitions and they have not changed in the final rule:
``Allotment,'' ``Native,'' ``Native corporation,'' ``Segregate,''
``Selection,'' ``State,'' ``State or Native corporation selected
lands,'' and ``Veteran.''
Section 2569.301 How will the BLM let me know if I am an Eligible
Individual; and
Section 2569.302 What if I believe I am an Eligible Individual, but I
was not notified by the BLM?
The Department of Defense (DOD) and the Department of Veterans
Affairs (VA) identified and delivered to the BIA the names of veterans
who served during the Vietnam Era as specified in the Act. The BIA,
after subsequent review, delivered the names of Native veterans to the
BLM. The BLM further reviewed the names to determine whether the Native
veterans previously received an allotment of land pursuant to previous
allotment Acts. As a result, the BLM has notified approximately 2,000
individuals that it believes to be eligible for the Program. There are
still individuals with pending determinations.
Comments were received from several Alaska Native organizations
that suggested the BLM or the BIA share the list of Eligible
Individuals publicly or directly to enhance outreach. The list cannot
be shared publicly due to the Privacy Act. However, when the BLM sends
notification letters to Eligible Individuals, the Realty Service
Provider and/or the BIA will be copied for their likely assistance with
future applications. One commenter requested that the BLM notify the
specific Native corporation when an application is received for lands
within their specific region. When an application is considered
received by the BLM, the location of the selection gets entered onto
the Master Title Plat, which the public, including Native corporations,
can monitor. The Privacy Act prevents the BLM from publishing or
otherwise releasing the names of Eligible Individuals without their
consent.
Eligible Individuals who were not identified through the process
described earlier will need to provide documentation to demonstrate
that they are eligible. In addition to the application, those
individuals will 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.
One commenter asked the BLM to allow an affidavit in place of the DOD
or VA documentation for Veteran status. The BLM has a responsibility to
ensure public lands are only granted to a private individual when the
person qualifies under the Dingell Act. The BLM would be unable to
ensure it was meeting its responsibility if it accepted an affidavit
alone and will not incorporate this suggestion into the final rule.
Section 2569.303 Who may apply for an allotment under this subpart on
behalf of another person?
Section 2569.303 sets out who can apply on behalf of an Eligible
Individual. The BLM received many comments addressing how a personal
representative is appointed. Several commenters suggest the BLM
interpret the requirements of the Dingell Act at 43 U.S.C. 1629g-
1(a)(2)(B) that a ``personal representative . . . has been duly
appointed in the appropriate Alaska State court or a registrar has
qualified'' broadly, with one specifically pointing to the phrase, ``a
registrar has qualified'' as a basis for a broad interpretation. When
interpreting a statute, the language of the statute is the first
consideration. The BLM believes that the Dingell Act is clear. The
first portion addresses a formal probate which is done by a judge for
the Alaska State Court System. The second portion, regarding the
registrar, addresses informal probates. The position of registrar is
set out in the Alaska State statutes as the position that makes the
determination on informal probates within the Alaska State Court System
(AS 13.16.085). As such, the Dingell Act requires that a personal
representative be appointed by an Alaska State Court System, whether by
a judge in the formal probate process or by the registrar in the
informal process. The BLM cannot add an alternative method for personal
representatives to be appointed.
Commenters variously suggested that the BLM expand the ways a
personal representative can be appointed to include those appointed by
other state courts, tribal courts, affidavits from the family, and by
the wills of the deceased. The BLM does not have the authority or the
expertise to determine the heirs of a deceased veteran. It also does
not have the authority to choose or appoint personal representatives.
Often there will be multiple heirs or persons claiming to be heirs. The
BLM cannot know which allotment application to process or which parcel
of land to convey without a formal determination of the estate
representative and the heirs who will benefit. Likewise, allowing the
appointment of personal representatives from multiple jurisdictions
could put the BLM in the position of deciding among competing
appointments and the BLM is ill-equipped to make that determination.
The lack of a formal representative would cause considerable chaos and
dramatically slow down the processing of all allotment applications.
Lastly, the Dingell Act is clear that only personal representatives
appointed by the Alaska State Court System can apply on behalf a
deceased Eligible Individual. Therefore, the BLM declines to make any
of the requested changes in the regulations.
One commenter suggested a clarification be added to Sec.
2659.303(b) that would indicate that an attorney-in-fact would not need
to be appointed by a court. We are responding to the comment by
changing the order of the sentence to clarify that an attorney-in-fact
does not need to be court-appointed. However, we are not adopting a
recommendation that the attorney-in-fact must be appointed according to
Alaska State law since this restriction is not required by the Dingell
Act and could cause confusion for applicants living in other states.
Section 2569.401 When can I apply for an allotment under this subpart?
As mandated under the Dingell Act, the application period begins on
the effective date of this final rule and will run for a period of 5
years (43 U.S.C. 1629g-1(b)(3)(B)). Several commenters mistakenly
referred to the 5 years as the period for the BLM to process an
application.
Several commenters requested the five-year window be extended. The
statute directs the period that the Program will be in effect, and the
BLM lacks authority to extend the application period beyond the
statutory deadline. Any extension of the period will require additional
legislation from Congress. Therefore, no change was made to the final
rule as a result of these comments.
One commenter requested an extension of the 5 years because the
State of Alaska is so over-selected under the Statehood Act that there
are currently limited lands available. As stated previously, the
Dingell Act sets out the application period, and the BLM lacks the
authority to change it. Again,
[[Page 75878]]
no change was made to the final rule as a result of this comment. Also,
the BLM notes that State-selected lands are available for selection
under this Program if the State is willing to relinquish portions of
its selection.
Another commenter states it would be unfair if an application is
submitted during the 5-year period and considered late because the BLM
does not adjudicate it quickly enough, and then considers it to be too
late to process. The amount of time it takes the BLM to adjudicate an
application does not change the date for when the BLM deems an
application to be received for the purposes of the 5-year application
period. An application submitted prior to the end of the 5-year window
will be considered timely filed.
Upon reviewing the comments received on this section as a whole,
the BLM recognizes that there is a need to address the situation where
an application is received in the BLM State office after the 5-year
period is over, but the application is post-marked prior to the end of
the application period. Under final Sec. 2569.502, the BLM will use
the receipt date for the purposes of adjudicating the application
preference rights under the Dingell Act. However, in determining
whether an application is timely filed, the BLM will use the post-mark
date for applications that were sent by mail, as provided for under new
paragraph (a)(2) of Sec. 2569.401 of the final rule. Additionally, new
paragraph (a)(1) has been added to clarify that BLM will consider
applications timely filed that an applicant submits prior to the
beginning of the application period, but BLM will not adjudicate the
application until the application period begins on December 28, 2020.
Section 2569.404 What must I file with my application form?
One commenter proposed that proof of an applicant's valid
enrollment as a citizen of a federally recognized tribe be added to the
list of supporting documents that applicants must provide to the BLM to
prove they are Eligible Individuals. This section already requires
applicants to provide a Certificate of Degree of Indian Blood or other
documentation from the BIA to prove they are eligible. The BIA has the
sole authority to make a determination of whether a person is an Alaska
Native. In the absence of a Certificate of Degree of Indian Blood, an
individual or a tribe can work with the BIA to make sure the
determination meets the definition under ANCSA (43 U.S.C. 1602) for
``Native.'' The BLM did not change the final rule in response to this
comment.
Section 2569.405 What are the special provisions that apply to
selections that include State or Native corporation selected land?
This section covers the special provisions that apply when an
applicant applies for Federal lands within State or Native corporation
selected lands. One commenter recommended that the BLM make it clear in
the final rule that applicants may need to request up to three
relinquishments in order to obtain an allotment. Such a situation could
arise, the commenter said, when a village Native corporation has
selected the surface estate and the regional Native corporation has
automatically selected the subsurface estate, and the State has top-
filed some of the same lands. The proposed and final rule only require
one relinquishment, because when a village corporation relinquishes the
surface, the subsurface selection by the Regional corporation is
automatically relinquished. Paragraph (c) establishes that the
applicant's selection takes precedent over the State's top-filing, and
thus a relinquishment from the State is unnecessary. We did not change
the final rule in response to this comment.
One commenter requested that the BLM consider an application
complete even if the applicant has not received a valid relinquishment.
The BLM added a new sentence to paragraph (a) that clarifies that an
applicant is not required to provide the relinquishment with the
application. The BLM will request a relinquishment from the State or
Native corporation on behalf of the applicant if an applicant applies
for selected lands and does not include a relinquishment. If the State
or Native corporation is unwilling to provide a relinquishment within
60 days, the application will still be considered complete, but the
applicant will need to submit a substitute selection pursuant to Sec.
2569. 411(c).
One commenter requested that the regulations require the BLM to
notify the ``appropriate Native regional and/or village corporation so
that those corporations can pro-actively assist the applicant to obtain
the necessary relinquishments or select alternate lands.'' The change
discussed previously also addresses this comment.
Another commenter stated the regulations incentivize applicants to
apply for currently available lands rather than apply for State or
Native corporation selected lands because available land the applicant
would otherwise select may no longer be available by the time the
applicant learns the State or Native corporation will not relinquish
their selected land. The Dingell Act established a first come, first
served basis for the BLM to award an allotment of land. The regulations
follow the same structure, which we agree does create a situation where
applicants who are risk averse may choose to apply for land they know
is open rather than take a chance on land that is State or Native
corporation selected. This is an unavoidable trade-off that the
regulations cannot change. We did not change the final rule in response
to this comment.
Section 2569.406 What are the rules about the number of parcels and
size of the parcel for my selection?
Several commenters had a misunderstanding that the size of the land
allotment has to be less than 160 acres. This section clearly states
that an allotment cannot be more than 160 acres or less than 2.50
acres. We did not change the final rule in response to this comment.
Section 2569.409 Where do I file my application?
Several commenters recommended that the BLM allow applications to
be submitted online or electronically. This option was considered but
found to be impracticable within the statutory timeframe for
promulgating the final rules. Congress required the BLM to issue
regulations implementing section 1119 of the Dingell Act no later than
18 months after March 12, 2019. The BLM's current System of Records
Notice (SORN), which is a requirement under the Privacy Act of 1974 and
covers the BLM's collection of information from the public for this new
regulation, was established without a means to collect information
electronically and would require an amendment. The process related to a
SORN amendment or renewal takes a length of time which could not be
completed prior to accepting applications for this Program. We did not
change the final rule in response to this comment.
Section 2569.410 What will the BLM do if it finds an error in my
application?
Several commenters requested additional clarification regarding the
types of errors that would or would not warrant a rejection of an
application. The BLM agrees with the need to ensure that minor errors
do not lead to applicants losing their preferred parcels. However, some
errors could lead to an applicant being unqualified, and those errors
need to be addressed differently. In response to the comments, the BLM
has developed a new system for the
[[Page 75879]]
final rule that addresses how the different types of errors will be
handled.
In response to commenters' requests, this section will now explain
how the BLM will review an application for errors when it is submitted.
This initial review will determine whether an application can be deemed
received and is not the final adjudication of whether an applicant
qualifies under the Dingell Act. The BLM will review the applications
to determine if there are uncorrectable defects or correctable errors
in the application. An uncorrectable defect is where the application or
the attached materials demonstrate that the applicant is not qualified.
For instance, if a person has previously received an allotment under
another allotment Act, they are not eligible under the Dingell Act. If
the person indicates on their application that they have previously
received an allotment, and the BLM finds that this is correct, the BLM
will find that the application has an uncorrectable defect. In the case
of an uncorrectable defect, the BLM will issue a decision rejecting the
application and the applicant will have the right to appeal.
If the BLM finds a correctable error in an application, it will
characterize the error or omission as either a technical error or a
substantive error. In both cases, the BLM will send a notice to the
applicant identifying the error and provide the applicant 60 days after
receiving the notice to correct the error. The applicant will need to
correct the error or omission by mailing the correction to the BLM
postmarked by the end of the 60-day period. If the BLM does not receive
a timely correction of the error, it will reject the application.
The BLM will characterize the type of error because a technical
error will be treated differently than a substantive error for the
purposes of the conflict provisions in Sec. 2569.411. As defined in
Sec. 2569.201, a ``technical error'' is a minor error in the
information provided on the application that will assist the BLM in
adjudicating the claim. Typically, the error will be an omission such
as failing to sign the application. The BLM needs the information, but
this omitted information is not likely to result in the BLM rejecting
the application for not meeting the statutory requirements once the
missing information is provided. As such, the BLM finds it likely that
such an application will be approved once the information is submitted.
The BLM will treat the application as received on its original receipt
date once the technical error has been corrected.
Conversely, a ``substantive error'' in the application is the type
of error or omission that goes to the very substance of the
requirements of the Dingell Act. The BLM needs to ensure that
allotments are only awarded to those individuals qualified to receive
an allotment. A substantive error would include not providing the
documents required by Sec. 2569.404 that show proof that the applicant
is an Alaska Native or a veteran, if the applicant is not on the list
of Eligible Individuals. This type of error is much more likely to
result in the application being rejected due to the BLM finding the
person does not meet the qualifications of the Act. Due to the
increased likelihood of the application not meeting the requirements,
the BLM will not consider an application with a substantive error as
received for the purposes of the conflict provision at Sec. 2569.411
until the corrections are submitted. Leaving out the land description
or providing a description that fails to provide sufficient detail for
the BLM to determine the applicant's intended selection will also be
considered a substantive error because the BLM has no way to determine
what land it should segregate and make unavailable for future
selections.
These changes were addressed by adding paragraphs (b), (c), and (d)
to this section.
Section 2569.411 When is my application considered received by the BLM?
One comment, which was also addressed in Sec. 2569.410, requested
that the BLM consider an application to be ``received'' when it has
technical errors. Following the changes to Sec. 2569.410 discussed
earlier, the BLM clarifies in the final rule that an application that
is free of substantive errors will be considered received on the
original receipt date--that is, the date on which the application is
physically received by the BLM Alaska State Office (see Sec.
2569.201(h)). Thus, if the receipt date of an application was on Day 1,
the BLM would use Day 1 as the received date even if it took the BLM
until Day 15 to review the application and determine that the
application is free of substantive errors. This application would have
preference over any application submitted after Day 1.
If an application contains a technical or substantive error, the
BLM will provide notice as set forth in Sec. 2569.410 and require the
applicant to correct the error. Once an application with only technical
errors is corrected, the application will receive the preference
corresponding to the date on which the BLM physically received the
original application at the BLM State Office. An application with
substantive errors will receive the preference corresponding to the
date upon which the BLM physically receives all corrections to the
substantive errors at the BLM State Office.
Changes made in Sec. 2569.504 to the final regulations to allow
applicants to amend their selections requires a change in this section
as well. If the applicant chooses to file an amended selection pursuant
to Sec. 2569.504, the applicant would receive the preference
corresponding to the date on which the amended selection was physically
received at the BLM Alaska State Office, assuming that the amended
selection is free from technical errors or conflicts. Similar to the
way a substitute selection will be handled, in terms of its application
date, the BLM finds that an amended selection should not retain its the
original application date in order to ensure fairness to all
applicants. The BLM revised paragraph (c) in this section to reflect
this change by adding the phrase ``or an amended selection under Sec.
2569.504.''
Section 2569.412 Where can I go for help with filling out an
application?
The BLM received comments pertaining to Eligible Individuals
getting help with filling out their applications. The proposed rule
highlighted the Realty Service Provider's role as being crucial.
Several commenters raised concerns regarding limited internet access
and how this could affect applicants' ability to print maps from the
Available Lands Map website (https://arcg.is/1HTrrO). Several
commenters specifically requested that the BLM provide maps to the
public showing lands that are available lands for selection. It would
be logistically difficult for the BLM to supply maps of all the
available lands for selection at a scale that would enable an
individual to confidently select a parcel. Realty Service Providers
will assist applicants with viewing, selecting, and printing selections
from the Available Lands Map website, which includes zoom capabilities,
background changes to topography or satellite views. However, the BLM
will fulfill map requests from the public for a specific area or
location. The BLM's contact information for requesting maps for those
without internet capability is found at Sec. 2569.412 of the
regulatory text. We did not change the final rule in response to these
comments.
One commenter requested that we clarify the roles for the VA and
the Department of Interior (DOI) regarding proposed Sec. 2569.412(d)
which included the VA in a list of places that applicants could seek
assistance in filling out their
[[Page 75880]]
applications. The VA does not have a role in providing assistance to
applicants in completing applications; that role belongs to the BLM.
The VA's role is to effectively direct inquiries about the Program that
are made to the VA to the BLM or the BIA Alaska. The VA's statutory
obligations to provide outreach to veterans and make referrals to the
DOI regarding this Program will continue, along with its support in
determining veteran eligibility. In response to this comment, in the
final rule we removed proposed Sec. 2569.412(d) to eliminate any
confusion and redesignated paragraph (e) as new paragraph (d).
One commenter requested that the specific contact information for
the BIA and the BLM, such as direct phone numbers or website addresses
be included in the rule. The regulatory text includes the requested
contact information, and no further information needs to be added to
the final rule. We did not change the final rule in response to this
comment.
Section 2569.413 How will I receive Notices and Decisions?
The BLM received a number of comments pertaining to how the BLM
would issue Notices and Decisions, how applicants would reply to them,
how applicants could update their contact information, and who the BLM
should contact when it issues Notices and Decisions.
One commenter requested that the BLM clarify how applicants could
update their contact information. Paragraph (c) in the proposed and
final rules provides the information on how applicants can update their
address of record and has been updated for the final rule to include
information on how to contact the BLM via fax and email.
One commenter asked the BLM to clarify when it considers a response
to be received by the BLM, especially when the response is mailed. In
response, the BLM added paragraph (d) to the final rule to clarify that
a response will be deemed received either on the date it is physically
received at the BLM Alaska State Office; if the response is mailed, on
the date it was post-marked; or, if emailed, the date the email was
sent.
One commenter requested that the BLM provide additional means in
the final regulations for applicants to respond to notices and
decisions. Rather than making this change in the final rule, the BLM
will state within the individual notices and decisions that it sends to
applicants how they may respond. Generally, a response can be submitted
by email or fax, but not in every case. To avoid any confusion, the
methods of response will be addressed in the notice or decision. We did
not change the final rule in response to this comment.
Another commenter requested that the BLM clarify the substitute
method referenced in Sec. 2569.413(b)(2) for re-delivering Notices or
Decisions if they are returned to the BLM as undelivered, or if the
recipient refused to sign the Return Receipt. Generally, the BLM will
use first-class mail to deliver Notices and Decisions, but it may use
other methods such as personal delivery or any method that the BLM
determines has the highest chance of success at the time. No change was
made to the rule in response to this comment.
One commenter requested that the BLM notify the Realty Service
Provider and the village and regional corporation if the first delivery
of a Notice or Decision is unsuccessful. By policy, the BLM will send
the Realty Service Provider and/or the BIA a courtesy copy of all
documents sent to an applicant. The BLM will also send the Realty
Service Provider and/or the BIA a notice when a document is returned
for any reason, and the BLM requests a current address from the Realty
Service Provider and/or the BIA at that time. Likewise, if the land
selected by an applicant is also selected by a Native corporation, the
appropriate village and regional corporation will receive a courtesy
copy of all documents sent to the applicant.
In preparing the final rule, the BLM found paragraphs (b)(i)
through (iii) were incorrectly numbered in the proposed rule. We
redesignated those paragraphs as (b)(1) through (3) for the final rule
to conform with U.S. Government Publishing Office style requirements.
Section 2569.414 May I request an extension of time to respond to
Notices?
In response to comments requesting that the BLM extend various
deadlines for things such as responding to notifications for correcting
errors on applications and responding to BLM Notices, the BLM added
Sec. 2569.414 to the final rule which expressly allows extensions of
time for good cause. Several commenters recommended a longer time, up
to 1 year, for applicants to respond to Notices. During the
consultation process that the Department conducted in 2019 with
potentially affected tribes, the proposed response time for correcting
errors on applications at that time was 30 days, which participants
said was too short. The BLM doubled the response time, to 60 days, for
nearly all clarification issues related to the application process. For
correcting technical issues, the DOI determined that it creates an
unfair situation for other applicants to keep the land segregated and
unavailable from other applicants to select while the original
applicant makes corrections. Likewise, to extend a response time for
substantive errors beyond 60 days could create an undue hardship on the
applicant in that the application will not be considered received until
the corrections are received, and the applicant may unwittingly lose
the preference for their favored parcel.
Overall, the BLM finds that using a consistent period of 60 days to
respond takes into consideration the myriad of communication
difficulties that can occur in Alaska, while providing consistency
throughout the regulation to avoid confusion. The time period the BLM
has adopted in the rule is also fair because the 60-day response time
starts when the applicant receives the Notice, and responses are
considered received when postmarked. Hence, any delay in the mail would
not affect the length of time the applicant has to reply. Permitting
extensions to the 60-day deadline for ``good cause'' when fixing some
types of errors or responding to Notices provides an additional
safeguard to ensure fairness.
Section 2569.501 What will the BLM do with my application after it is
received?
We received numerous comments on the steps the BLM will take to
process applications after they are received. One commenter requested
that the BLM send a copy of all Notices of Survey to the Realty Service
Providers. As discussed earlier, the Realty Service Provider and/or the
BIA will receive copies of all documents, including the Notice to
Survey, that the BLM sends to applicants. We did not change the final
rule in response to this comment.
Another commenter expressed confusion about what it means that the
BLM will note the selection to the Master Title Plat and asked whether
this is a public process that is open to public comments. The Master
Title Plat is a BLM-managed, publicly available record of actions that
have taken place on Federal lands. Notations to the Master Title Plat
are administrative functions that do not warrant public participation
or comment. The BLM did not change the final rule in response to this
comment.
Several commenters requested that the BLM provide a timeline for
completing each of the steps outlined in paragraphs (a) through (j) in
Sec. 2569.501. Some of the commenters suggested that
[[Page 75881]]
the BLM should issue an Interim Conveyance within one year of receiving
an application, and then complete the survey and issue the Certificate
of Allotment within two years. The Dingell Act states that it is the
intent of Congress that once the application period begins the BLM will
issue Certificates of Allotments within one year of receiving the
applications of Eligible Individuals. While the BLM will strive to meet
the intent of Congress, unforeseen complications with surveying parcels
or adjudicating applications, for example, may cause delays. The
expression of intent by Congress did not impose a statutory deadline.
Also, unlike the ANCSA, the Dingell Act does not give the BLM authority
to issue an interim conveyance. The BLM did not change the final rule
in response to this comment.
One commenter requested that the BLM provide a notice to the
applicant when an application is submitted. The BLM finds this is a
matter better addressed by policy rather than in the regulations. The
BLM will issue a notification to the applicant with a courtesy copy to
the Realty Service Provider and/or the BIA when an application is
submitted. If the selection involves State- or Native corporation-
selected lands, that entity will also receive notification that an
application has been filed. The notification will provide the results
of the BLM's review for errors under Sec. 2569.410 and specify whether
the application has been deemed received. If the BLM finds errors, the
notification will alert the applicant and identify exactly what
information is needed and why. If the BLM finds errors in the
application, the applicant will have 60 days to submit a correction. We
did not change the final rule in response to this comment.
One commenter requested that paragraph (c) clearly state whether an
allotment adjustment could affect the acreage. The BLM will attempt to
retain the acreage requested in the selection, but the adjustment may
cause a reduction or addition in the acreage by straightening the
boundaries or otherwise making it easier to survey. This clarification
was added to the section.
Section 2569.502 What if more than one Eligible Individual applies for
the same lands?
This section addresses what happens when two applicants apply for
the same land. The BLM will consider an application ``received'' even
if it has technical errors. An applicant can wait for the BLM to issue
a final decision pursuant to paragraph (b) before selecting a
substitute selection. However, an applicant may want to select a
substitute parcel if the original selection conflicts with another
application that has technical errors. As such, the BLM added paragraph
(c) to give applicants the option to select a substitute parcel prior
to a final decision on the conflict. This fully optional provision
alleviates the need for applicants to wait 60 days for parcels they are
unlikely to receive. This responds to several comments received that
stated that the application with minor errors should not be at a
disadvantage in the conflict provision. The benefit to applicants is
that they can obtain a preference right to the substitute selection
earlier. The risk is being unable to choose the originally desired land
later if technical errors in the conflicting application are not
corrected and the original selection re-opens.
One commenter wanted confirmation that Eligible Individuals can
still apply for an allotment within the five-year timeframe if their
applications are rejected. This was part of the proposed rule in
paragraph (c) and it is retained in the final rule. Because we are
adding a new paragraph between two existing paragraphs in Sec.
2569.502, we are renumbering the remaining paragraphs of this section
in the final rule. Paragraph (c) in the proposed Sec. 2569.502 will be
paragraph (d) in the final rule.
One commenter requested that the BLM make the preference on a
substitute selection based on the receipt date of their original
application. While the BLM recognizes the justification for this
recommendation, the logistical challenges of doing so would cause
disruption throughout the adjudication process. Later applicants who
had no conflict with their selection when it was made could lose out to
a substitute selection made in the future. This could create a chain
reaction where the applicant that is now conflicted files a substitute
selection over a previous applicant as well. The delays this would
cause to adjudication and the uncertainty it would cause for applicants
outweigh the equitable considerations for the single applicant whose
substitute selection cannot relate back to his original application
receipt date. No change was made to the final rule as a result of this
comment.
One commenter recommended that the first tiebreaker for determining
an application's preference should be the postmark date on the
application. This suggestion could cause delays as the BLM would have
to wait to process any of the applications until enough time had passed
for potentially conflicting applications to be received in the mail
that may have an earlier postmark date. In paragraph (a)(1), the BLM
chose to make the first tiebreaker the date for when the BLM receives
the application in order to speed up the processing time for
applications. Under paragraph (a)(2), postmarks or shipping dates would
be used to break a tie if the receipt dates on multiple applications
are the same. No change was made to the final rule based on this
comment.
One commenter recommended that the BLM allow an applicant to
include an alternative selection with their application as a backup in
case there is a conflict. The BLM has considered how this
recommendation would work logistically. The BLM does not believe it is
sound policy to segregate the alternative selection when the
application is deemed received because that would block other
applicants from requesting the land, and without segregating the land,
there is no guarantee that the alternative selection would remain open.
As such, asking for an alternative selection would tie up lands that
other Eligible Individuals could select and add complexity to an
application that is of little benefit. No change was made to the final
rule as a result of this comment.
Another commenter asked whether a person determined by the VA and
the BIA to be an Eligible Individual pursuant to Sec. 2569.301 would
receive preference over an applicant who was not predetermined to be
eligible. The conflict provision in this section rests solely on when
the BLM receives a complete application, and no consideration is given
to applicants who are predetermined to be Eligible Individuals. No
change was made to the final rule based on this comment.
Section 2569.503 What if my application includes lands that are not
available Federal lands?
One commenter requested that an application submitted on
unavailable lands should be considered as received on the receipt date.
The BLM will consider the date submitted for applications, even if the
applicant selected unavailable lands, in determining whether an
application is timely filed for purposes of the 5-year window under the
Dingell Act. However, the BLM will issue the applicant a decision
informing the applicant that the lands selected are not available. The
applicant will then have the same choices he or she would have under
Sec. 2569.503(a). The applicant could make a substitute selection that
[[Page 75882]]
consists of an adjustment to his or her original selection that
excludes the lands that are not available or make a new selection in a
different area. For purposes of determining preference under the
conflict provision, a substitute selection which describes new lands
will be deemed received when the substitute selection is submitted. No
change was made to the final rule as a result of this comment.
Section 2569.504 Once I file, can I change my land selection?
The BLM received several comments recommending that the BLM allow
applicants to amend their selections when new lands become available.
In response to these comments, the BLM re-analyzed the fairness of
allowing applicants to amend their selection. Currently, the available
lands are geographically restricted, primarily due to withdrawals of
lands under section 17(d)(1) of the ANCSA or other authority, or
because the land is within a National Wildlife Refuge or a National
Forest. Actions by either the Secretary or Congress may make these
lands available during the selection period. The BLM recognizes the
applicants' desire to amend their application in the event land closer
to their homes or places of subsistence activities become available. On
the other hand, the applicant's original selection segregates the land
from all other applicants and taxpayer dollars would be expended to
perform surveys that would have to be redone if applicants changed
their selection.
One commenter recommended that the BLM ``should allow for changes
to selections up until the BLM schedules the surveys of the selected
lands.'' The BLM believes that this recommendation balances the
concerns of both the applicants and the BLM and has changed Sec.
2569.504 in the final rule accordingly. Under new paragraph (a), the
applicant would be able to amend their application up until their
response to the Notice of Survey under Sec. 2569.501(e) is due. This
will limit the time in which a selection can block future applicants
from selecting the land and ensure that the BLM does not waste
resources on surveys which will not be needed. Likewise, it will give
applicants a period of time to see if new lands have become available.
In making this change, the BLM recognized a similar issue may arise
where an applicant has relinquished their application after BLM has
already undergone the expense of the survey and decides to apply again.
Therefore, the BLM added new paragraph (c) to only allow an application
for new land if the original application is relinquished before the
applicant responds to the Notice of Survey or where the original
selection is no longer available.
Section 2569.505 Does the selection need to be surveyed before I can
receive title to it?
Several comments were received related to the requirement that a
selection must be surveyed before the BLM can convey it to the
applicant and the timeliness of the survey. One commenter said the
survey should be an immediate priority for the BLM. To the best of its
ability, the BLM will follow the intent of the legislation to issue a
Certificate of Allotment within one year of an application, including
the survey. No change was made to the final rule as a result of these
comments.
Section 2569.506 How will the BLM convey the land?
Several comments were received pertaining to the Certificate of
Allotment. The Certificate of Allotment issued under the Dingell Act
will have the same benefits as a Certificate of Allotment issued under
the Alaska Native Allotment Act of 1906 as to being inalienable and
nontaxable until otherwise provided by Congress, or until the Secretary
of the Interior or the Secretary's delegate approves a deed of
conveyance vesting in the purchaser a complete title to the land. No
change was made to the final rule as a result of this comment.
One commenter requested that the lands not be encumbered or impeded
by any Federal designation, including, but not limited to, Wild and
Scenic River or Areas of Critical Environmental Concern. A Certificate
of Allotment is a grant of a private title which means that the land is
no longer federally managed land subject to such federal designations.
No change was made to the final rule as a result of this comment.
One commenter requested clarification about how the Certificate of
Allotment will be issued if there are multiple heirs, devisees, and/or
assigns. They suggested that the BLM issue multiple Certificates of
Allotment in the names of each heir. The BLM does not determine who the
heirs, devisees and/or assigns are. There will be one Certificate of
Allotment, just like the other allotment programs, which will state it
is for the Heirs, Devisees and/or Assigns of (name of the Eligible
Individual). The BLM added paragraph (d) to Sec. 2569.506 to clarify
how the Certificate of Allotment will be issued when the Eligible
Individual is deceased.
Section 2569.507 What should I do if the Eligible Individual dies or
becomes incapacitated during the application process?
In reviewing the proposed rules, the BLM found that the end of the
last sentence of paragraph (d) could create confusion about how a
Certificate of Allotment is issued when the Eligible Individual is
deceased. To correct this, the BLM has removed the phrase: ``and will
issue the Certificate of Allotment in the name of the deceased Eligible
Individual'' from the final rule.
Section 2569.601 What lands are available for selection?
Many comments identified additional lands they believed should be
included as available lands for selection. Lands that they identified
included lands in the Tongass National Forest, non-navigable lands
within the Tongass, land within State or municipal boundaries, areas
around ports, and the USFWS refuge lands. As stated earlier, the
Dingell Act identified the lands that are available, and the BLM lacks
the authority to make any lands available for selection that are not
vacant, unappropriated, or unreserved.
Additionally, several commenters identified un-patented mining
claims and State or Native selections in the Southeast as lands they
believed should be available for selection. These lands would not
become available for selection when the mining claim is forfeited or
relinquished, or after the State or Native selections are denied or
relinquished, unless the underlying land is vacant, unappropriated, or
unreserved and certified as free of known contaminants.
Several commenters noted that currently available lands are
isolated. Some commenters cited costs related to visiting the currently
available remote sites prior to making a commitment to a selection. One
of the commenters questioned applicants' ability to access their newly
acquired allotments. ANILCA section 1323(b) guarantees access across
all the BLM land and, again, the Act defines the lands that are
available to be conveyed. These rules cannot open any lands not
identified by the Dingell Act.
One commenter requested that the Alaska Native Veterans Allotment
Program of 2019 map show ``potentially available lands.'' The current
map does show ``potentially available lands.'' The commenter also
proposed subsequent legislation to release ANCSA withdrawals on
individually selected
[[Page 75883]]
parcels. Legislative action is within the purview of Congress, not the
BLM.
There were several comments suggesting that maps be printed and
sent to applicants, and that applicants should be able to comment on
them. The BLM is not printing maps Program-wide because of the vast
area of available lands, the fact that available lands will change over
time, and the significant resources required to print maps of suitable
size for selections. Eligible Individuals are directed instead to use
the online Available Lands Map to review and print land selections. For
those without access to the internet, a physical copy of the map of
available Federal lands can be requested from the agencies and offices
listed in Sec. 2569.412. Members of the public are always encouraged
to provide comments on available products, such as maps, to the BLM to
ensure the map is as user friendly as possible.
A commenter asked what the process is for the BLM to add additional
lands as they become available. The BLM continually updates its land
records with conveyances and other actions. When new lands become
available, the BLM will do a contamination review and, if the lands
have no known contaminants, the newly available lands will be reflected
on the Available Lands Map. However, the BLM does not have the
authority to add additional lands by request as the available lands are
defined in the Act.
No changes were made to the final rule as a result of these
comments.
Section 2569.602 How will the BLM certify that the land is free of
known contamination?
One commenter requested a ``more rigorous level of effort'' to
determine whether or not a land selection is free of known
contaminants, to include a site visit to complete an environmental
assessment. The BLM will perform a contaminated site review by
reviewing the databases listed in Sec. 2569.602 for contamination
reports. The land would not be available for selection if any of the
databases indicated that the land is potentially contaminated. The BLM
finds that the approach outlined in Sec. 2569.602 adheres to the
statutory requirement to certify that the land is free of known
contamination. The BLM will be cautious in its review, and any land
found to have possible contamination based on these searches will not
be available for selection. Throughout the Program, new land databases
may become available to review for contamination, and the BLM will
continue to seek out the most up-to-date information. The public is
encouraged to suggest any other sources the BLM should review before it
certifies the lands as free from contamination. No change was made to
the final rule as a result of this comment.
Section 2569.603 (previously numbered 2569.604) Are lands that contain
minerals available?
The proposed rules did not include a Sec. 2569.603. In the final
rule, proposed rule Sec. 2569.604 is now designated Sec. 2569.603.
The BLM also revised the title and the regulation to provide additional
clarification.
One commenter requested that the BLM clarify in the rule whether
the allottee would receive royalties for minerals removed from the
land. Minerals are reserved to the United States, so the allottee will
not hold any interest in the minerals to acquire a royalty interest.
Another commenter stated, ``The word `you' should be replaced with
`Eligible Individuals or to the devisees and/or assigns of Eligible
Individuals.' '' The BLM implemented this change to add clarity to the
regulations.
Section 2569.604 (previously numbered 2569.605) What happens if new
lands become available?
The proposed rules did not include a Sec. 2569.603. Section
2569.605 in the proposed rule was changed to Sec. 2569.604 in the
final rules following the removal of the missing section.
One commenter asked how new lands would become available and
suggested that the rule should include a timeframe for the BLM to
review new additions and make them available. New lands may become
available for selection through the revocation of ANCSA section
17(d)(1) withdrawals which have been recommended by the BLM in Resource
Management Plans, or through new legislation. In both scenarios, the
BLM cannot estimate a timeline because the ability to open these lands
is outside of the agency's control. If new land becomes available, the
BLM must certify that it is free of known contamination before making
it available for selection. The BLM will then update the Available
Lands Map and its records to show those additional lands as available
for selection. The BLM will work quickly to complete these steps if
land becomes available. No change was made to the final rule as a
result of these comments.
Section 2569.701 If Congress makes lands available within a National
Wildlife Refuge, what additional rules apply?
Several commenters requested the ability to change their selection
if national wildlife refuge lands become available. These comments were
addressed in Sec. 2569.504, which explains the opportunity for
changing a land selection. Another commenter requested that lands be
made available within the Yukon Delta National Wildlife Refuge. While
national wildlife refuge lands are not available for selection under
this Program, the Dingell Act directs the USFWS to submit a report to
Congress with its determination of which lands within the National
Wildlife Refuge System should be made available for allotment
selection. Such refuge lands could be made available for selection
through subsequent legislation. No changes were made to the final rule
as a result of these comments.
Comments on Subjects Not Included in the Proposed Rule
Some of the comments the BLM received were general in nature but
did not pertain to any language that appeared in the proposed rule
itself. Several commenters were appreciative of the Program, one
commenter requested outreach on specific media outlets, a comment from
a Native corporation stated that they will require a cultural tie to
any selection before the corporation will relinquish its selection for
an Eligible Individual. No changes were made to the final rule as a
result of these comments.
Comments Related to Funding
Several comments requested assurance that the Realty Service
Providers are funded to assist applicants. The Dingell Act did not
provide funding to the BIA or the BLM for implementing the Program. The
BIA has taken measures to provide one-time funding to help offset these
costs, and it intends to continue assisting the Realty Service
Providers to ensure the success of the Program. Another commenter
suggested that funding be made available to potential applicants to
perform site visits. Any costs to visit a site are the responsibility
of the Eligible Individual.
The BLM received one comment suggesting that monetary compensation
be offered instead of an allotment of land, especially since 43 U.S.C.
1629g-1(b) limited the types of Federal land that can be conveyed. 43
U.S.C. 1629g-1(b) does not contain any provision for monetary
compensation in lieu of an
[[Page 75884]]
allotment of land. The BLM has no authority to include such a provision
in its regulations.
No change was made to the final rule as a result of these comments.
II. 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 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 regulations will 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 regulations will 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 the BLM staff to implement the Dingell Act.
For more detailed information, see the Regulatory Impact Analysis
(RIA) prepared for this rule. The RIA has been posted in the docket for
the rule on the Federal eRulemaking Portal: 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 will have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. This 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 will 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:
1. Will not have an annual effect on the economy of $100 million or
more.
2. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
3. 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 promulgating regulations to implement section 1119 of
the Dingell Act, which provides an additional opportunity for Alaska
Native veterans who have 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 final rule will 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 final rule will 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 final 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 rule will 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 will 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 final rule complies with the requirements of Executive Order
12988. Specifically, this rule:
1. 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
2. Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards
[[Page 75885]]
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 final rule
complies with the requirements of Executive Order 13175 and Department
of the Interior Secretarial Order 3317. Specifically, while preparing
this rule, the BLM initiated consultation with potentially affected
tribes. Examples of consultation 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 rule contains new information collections. All information
collections require approval under the Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501 et seq.). The BLM 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 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); and
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, Sec. 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 Sec. Sec. 2569.401(b) and
2569.507(c) reg text. The preamble in the 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 Sec. 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, the 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 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 an Alaska Native corporation, the applicant, or the BLM
acting on behalf of the applicant, could request that the State or
Alaska 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 Alaska 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 Alaska 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
[[Page 75886]]
the application. Following existing Alaska Conveyance Program policy,
the relinquishment would be in the form of a letter from the State or
Alaska 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
Alaska Native corporation relinquishment, a relinquishment letter and
an Alaska 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 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 (43
CFR 2569.502 and 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 43 CFR 2569.502, the losing applicant could
select a substitute selection under Sec. 2569.502(b).
Title of Collection: Alaska Native Vietnam Era Veterans Land
Allotment.
OMB Control Number: 1004-0216.
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 (43
CFR 2569.502 and 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.
[[Page 75887]]
On July 10, 2020, we published a proposed regulation (RIN 1004-
AE66, ``Alaska Native Vietnam-Era Veterans Allotments'' 85 FR 41495).
The proposed rule solicited comments on the information collections for
a period of 30 days, ending on August 10, 2020. We received the
following comment related to information collection in response to the
proposed rule:
Comment: Department of Veterans Affairs--Veterans Benefits
Administration (VA-VBA), received August 10, 2020:
The VA-VBA commented on both the proposed rule, which is addressed
earlier in the preamble, and on the application form. VA requested BLM
clarify question 8 on the Alaska Native Vietnam-Era Veterans Allotment
application as to the specific service requirement or whether BLM will
consider character of discharge as part of qualifying service.
Agency Response to Comment: In response to this comment, the BLM
has added the language, ``(e.g. Form DD214 or other official
documentation),'' to the end of question 8 to clarify the proof an
applicant should submit to demonstrate they meet the definition of
veteran. Similarly, the BLM has added, ``(e.g. Certificate of Degree of
Indian Blood or other official documentation),'' to the end of question
9 to clarify the proof an applicant should submit to demonstrate they
meet the definition of Native. In accordance with the PRA, the
information collection requirements included in this final rule have
been submitted to OMB for approval under control number 1004-0216.
National Environmental Policy Act
A detailed statement under the National Environmental Policy Act
(NEPA) is not required because the rule is categorically excluded from
NEPA review. This final rule is excluded from the requirement to
prepare a detailed statement because it is a regulation entirely
procedural in nature. (For further information see 43 CFR 46.210(i)).
We have also determined that the rule does not involve any of the
extraordinary circumstances listed in 43 CFR 46.215 that would require
further analysis under NEPA. Therefore, the BLM has issued a
categorical exclusion for this final rule. Documentation of the
reliance upon a categorical exclusion has been prepared and is
available for public review with the other supporting documents for
this 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.
Author
The principal authors of this final rule are: Paul Krabacher and
Candy Grimes, Division of Lands and Cadastral Survey; assisted by the
Office of the Solicitor.
Dated: November 4, 2020.
David L. Bernhardt,
Secretary of the Interior.
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 amends 43 CFR part
2560 as follows:
PART 2560--ALASKA OCCUPANCY AND USE
0
1. The authority citation for part 2560 continues 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
General Provisions
Sec.
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?
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?
2569.303 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 an 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?
2569.414 May I request an extension of time to respond to Notices?
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?
2569.603 Are lands that contain minerals available?
2569.604 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?
SUBPART 2569--ALASKA NATIVE VIETNAM-ERA VETERANS LAND ALLOTMENTS
Authority: 43 U.S.C. 1629g-1(b)(2).
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?
The legal authority for this subpart is 43 U.S.C. 1629g-1(b)(2).
[[Page 75888]]
Sec. 2569.201 What terms do I need to know to understand this
subpart?
(a) 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 Congress;
(b) 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.
(c) Eligible Individual means a Native Veteran who meets the
qualifications listed in 43 U.S.C. 1629g-1(a)(2) 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);
(d) Mineral means coal, oil, natural gas, other leasable minerals,
locatable minerals, and saleable minerals other than sand and gravel.
(e) 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));
(f) 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);
(g) 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;
(h) 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;
(i) Segregate has the same meaning as in 43 CFR 2091.0-5(b);
(j) Selection means an area of land that has been identified in an
application for an allotment under this part;
(k) State means the State of Alaska;
(l) 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;
(m) Substantive error means an error or omission in an application
of information that is immediately necessary to determine if you are
eligible to apply for an allotment. Substantive errors include, but are
not limited to, missing land descriptions, missing name or inability to
contact the applicant, and missing forms required under Sec. 2569.404,
if applicable. When a person corrects this type of error, the
correction could show the applicant has an uncorrectable defect like
not being an Alaska Native.
(n) Technical error means types of errors that do not rise to the
level of substantive error or uncorrectable defect. For instance, not
signing your application is an easily correctable error and correcting
the error by signing the application cannot raise any new issues which
could cause an application to be rejected.
(o) Uncorrectable defect means information provided with an
application which provides obvious evidence that you are not qualified
to receive an allotment. That evidence includes a lack of qualifying
military service or proof of Alaska Native decent.
(p) 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
(q) 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) An attorney-in-fact, a court-appointed guardian, or a court-
appointed conservator 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 December 28, 2020 and December 29, 2025.
(1) If an application is submitted prior to the beginning of the
application period, it will be held until the application period begins
and considered timely filed.
(2) If an application is submitted by mail after the application
period, the BLM will use the post-mark date to determine if the
application was timely filed.
(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
[[Page 75889]]
land selection, you can submit a corrected, completed, or substitute
application within 60 days of receiving the notice described in Sec.
2569.410, Sec. 2569.502(b), or Sec. 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 paragraphs (a) and (b) of this section,
the BLM will issue a decision rejecting any application received after
December 29, 2025.
Sec. 2569.402 Do I need to fill out a special application form?
Yes. You must complete and sign the BLM Form No. AK-2569-1004-0216,
``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
Realty Service Provider's office, the BLM Public Room, or on the
internet at https://www.blm.gov/alaska/2019AKNativeVetsLand.
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:
(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 https://www.blm.gov/alaska/2019AKNativeVetsLand.
(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 paragraphs (b)(1) through (4) of this
section:
(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.
(d)
Sec. 2569.405 What are the special provisions that apply to
selections that include State or Native corporation selected land?
(e)
(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. If
the application does not include a valid relinquishment, the BLM will
contact the State or Native corporation to request a relinquishment.
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
https://www.blm.gov/alaska/2019AKNativeVetsLand.
(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) (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 part 2090, 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
[[Page 75890]]
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 an error in my
application?
(a) If an error is found, the BLM will send you a notice
identifying any correctable errors or omissions and whether the error
is substantive or technical.
(1) You will have 60 days from the date you received the notice to
correct the errors or provide the omitted materials.
(2) If you do not submit the corrections to the BLM within the 60-
day period, the BLM will issue a decision rejecting your application
and require you to submit a new application.
(b) If the error is a substantive error, your application will not
be deemed received until the corrections are made.
(c) If the error is a technical error, your application will be
deemed received as of the receipt date. However, the application may
still be rejected if the BLM does not receive the corrections within 60
days from the date you received the notice to correct the errors.
(d) If you have uncorrectable defect, then the BLM will issue a
decision rejecting your application.
Sec. 2569.411 When is my application considered received by the BLM?
(a) An application that is free from substantive errors, as
described in Sec. 2569.410, will be deemed received on the receipt
date, except that if such an application is received before December
28, 2020, the application will be deemed received on December 28, 2020.
(b) An application that contains substantive errors will be deemed
received on the receipt date of the last required correction.
(c) (c) In the case of a substitute selection for conflict
resolution under Sec. 2569.502, for correction of an unavailable lands
selection under Sec. 2569.503, or an amended selection under Sec.
2569.504, 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 Realty Service Provider for your home area or
where you plan to apply. To find the list of the 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 Public Rooms:
(1) 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 a.m. to 4
p.m. excluding Federal Holidays.
(2) 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:
(1) 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 p.m. excluding
Federal Holidays.
(2) 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 a.m. to 4:30 p.m. excluding Federal
Holidays.
(3) Nome Field Station located at the U.S. Post Office Building, by
phone 907-443-2177, Monday through Friday excluding Federal holidays.
(d) (d) 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: https://www.blm.gov/alaska/2019AKNativeVetsLand.
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:
(1) 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.
(2) 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.
(3) 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, by fax
at 907-271-3334, or by the email address provided in the received
notice or decision. If you notify the BLM by mail, fax, or email,
please prominently include the words ``Change of Contact Information''
in your correspondence.
(d) Any responses to Notices or Decisions will be deemed received
when it is physically received at the BLM Alaska State Office; if the
response is mailed, on the date it was post-marked; or, if emailed, the
date the email was sent.
Sec. 2569.414 May I request an extension of time to respond to
Notices?
The BLM will allow reasonable extensions of deadlines in Notices
for good cause. The request for the extension must be received from the
Eligible Individual prior to the end of the 60-day period and provide
the reason an extension is needed.
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. The BLM will attempt to retain the acreage requested
in the selection, but the adjustment may
[[Page 75891]]
cause a reduction or addition in the acreage (not to exceed 160 acres).
(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) (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 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 December 28, 2020
will be deemed to have been received, postmarked, or shipped on
December 28, 2020.
(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 allowed only one selection of land under this act and will
not be allowed to apply for more acreage later.
(c) If the BLM finds your application conflicts with an application
which has technical errors, the BLM will provide you the option of
selecting a substitute parcel prior to that application being corrected
under the procedures of paragraph (b)(1) of this section.
(d) 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?
(a) Once your application is received in accordance with Sec.
2569.411, you will only be allowed to amend your selection until 60
days after you receive the Notice of Survey as set forth in Sec.
2569.501(e). Your amended 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.
(b) Otherwise, you will not be allowed to change your selection
except as set forth in Sec. 2569.502 or Sec. 2569.503.
(c) If an applicant relinquishes their application more than 60
days after they receive the Notice of Survey as set forth in Sec.
2569.501(e), the applicant will only be able to submit a new
application for a new selection if their original selection is no
longer available.
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
[[Page 75892]]
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.
(c) If the Eligible Individual is deceased, the Certificate of
Allotment will be issued in the name of the heirs, devisees, and/or
assigns of the deceased Eligible Individual.
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, Sec. 2569.501(e), Sec. 2569.501(h)(3),
Sec. 2569.502(b), or Sec. 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.
(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 https://www.blm.gov/alaska/2019AKNativeVetsLand. 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 Realty 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 paragraph (a) of 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. 2569.603 Are lands that contain minerals available?
Yes the lands are available for selection, however, the minerals
will be reserved to the United States and will not be conveyed to
Eligible Individuals or to the devisees and/or assigns of Eligible
Individuals.
Sec. 2569.604 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. 2020-24954 Filed 11-25-20; 8:45 am]
BILLING CODE 4310-HC-P