[Federal Register: March 11, 2004 (Volume 69, Number 48)]
[Proposed Rules]
[Page 11783-11788]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr04-35]
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Part VI
Department of the Interior
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Bureau of Indian Affairs
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25 CFR Part 243
Reindeer in Alaska; Proposed Rule
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 243
RIN 1076-AE37
Reindeer in Alaska
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Indian Affairs is promulgating these regulations
relating to the Alaska Native reindeer industry to meet the needs of
Alaska Native Reindeer owners. These regulations would also apply to
non-Natives who own, or want to own, reindeer in Alaska. They will
provide Alaska Native reindeer owners, government officials, and those
doing business with them, with procedures and policies for
administration of the reindeer industry in Alaska.
This proposed rule also contains Paperwork Reduction Act
information, which we are submitting to the Desk Officer for the
Department of the Interior, OIRA/OMB for review and approval.
DATES: Comments on the proposed rule must be received on or before June
9, 2004. Comments on the information collection activities should be
received close to April 12, 2004, in order to receive maximum
consideration.
ADDRESSES: Public comments on this proposed rule should be addressed
to: Alaska Regional Director, Attn: Warren Eastland, Bureau of Indian
Affairs, P.O. Box 25520 (3rd floor, Federal Building), Juneau, Alaska
99802-5520.
You may submit comments concerning the information collection to
the Desk Officer for the Department of the Interior, OIRA/OMB, by
telefacsimile at (202) 395-6566 or by e-mail to:
OIRA_DOCKET@omb.eop.gov.
Please send a copy of your comments on the information collection
to the Bureau of Indian Affairs at the location specified in the
ADDRESSES section. Note that requests for comments on the rule and the
information collection are separate.
FOR FURTHER INFORMATION CONTACT: Warren Eastland, Wildlife Biologist,
907-586-7321.
SUPPLEMENTARY INFORMATION: These proposed regulations will have no
impact on the reindeer grazing regulations administered by the Bureau
of Land Management, which are found at 43 CFR part 4300.
This proposed rule is published by authority of the Secretary of
the Interior granted under 25 U.S.C. 500k and delegated to the
Assistant Secretary--Indian Affairs by 209 DM 8.1.
Background
The Reindeer Act of September 1, 1937, 50 Stat. 900 (25 U.S.C. 500-
500n) authorizes and directs the Secretary of the Interior to organize
and manage the reindeer industry or business in Alaska in such a manner
as to establish and maintain a complete and self-sustaining economy for
the Natives of Alaska, and to encourage and develop Alaska Native
activity and responsibility in all branches of the industry or business
(25 U.S.C. 500 and 500f). To preserve the Native character of the
reindeer industry in Alaska, the sale or transfer of Native or
government-owned reindeer or reindeer products is allowed only under
regulations to be developed by the Secretary (25 U.S.C. 500i).
For many years the Bureau of Indian Affairs (BIA) used an informal
permit system in conjunction with the infrequent sale of live reindeer.
Contracts for the sale of meat (and more recently velvet antler) were
seldom reviewed. A May 23, 1979, opinion by the Assistant Regional
Solicitor, Alaska, concluded that 25 U.S.C. 500i prohibited transfer of
ownership of reindeer or reindeer products to anyone not an Alaska
Native, unless such transfers were carried out in accordance with
regulations adopted by the Secretary. A subsequent opinion concluded
that, in the absence of such regulations, BIA officials had no legal
authority to permit such sales. A primary purpose of the regulations
being proposed is to prescribe the procedures by which valid transfers
can be carried out. A secondary purpose is to ratify or validate past
transfers that have occurred without benefit of authorizing
regulations.
For better than five decades after enactment of the 1937 Reindeer
Act, it was presumed that it established a government and Native
monopoly on the ownership of live reindeer in Alaska. However,
litigation more recently arose over the right of a non-Native to import
into Alaska reindeer obtained from external sources. The Reindeer
Herders Association challenged the Bureau of Indian Affairs' 1989
interpretation of the Act, which had found that non-Native importation
of non-Alaska reindeer was not prohibited. Although that BIA
interpretation was initially disfavored, in decisions by the Interior
Board of Indian Appeals and the Federal District Court, it was
eventually approved and reinstated by Circuit Court of Appeals in
Williams v. Babbitt, 115 F.3d 657 (9th Cir. 1997), cert. denied, 523
U.S. 1117 (1998). Accordingly, it is necessary in these regulations to
draw a distinction between Alaskan reindeer, owned by Alaska Natives or
the United States Government, and imported reindeer, which are not
descended from those present in Alaska at the time of the passage of
the Reindeer Act. The former are subject to the restrictions on
alienation imposed by 25 U.S.C. 500i, whereas the latter are not.
Although the BIA has for many years under the authority of 25
U.S.C. 500(g) administered a program under which government-owned
reindeer were loaned to individual Native herders to help them
establish or increase the size of their private herds, it has been
determined that more formal guidelines for the operation of such loan
program need not be provided for in these regulations. As a result of
animals running off to join wild caribou herds that have invaded the
grazing range of the domesticated herds, the substantial majority of
the government-owned reindeer in the hands of Native borrowers have
been lost. Because the BIA has no means to rebuild its stock of
reindeer available for loan, it has been determined that it is not
feasible to continue the reindeer loan program.
Procedural Requirements
Regulatory Planning and Review (Executive Order 12866)
In accordance with the criteria in Executive Order 12866, this rule
is not a significant regulatory action. OMB makes the final
determination under Executive Order 12866.
(a) This rule will not have an annual economic effect of $100
million or adversely affect an economic sector, productivity, jobs, the
environment, or other units of government. A cost-benefit and economic
analysis is not required. The scale of reindeer herding in Alaska is
such that the value of the entire industry, including animals and
infrastructure, is less than $100 million.
(b) This rule will not create inconsistencies with other agencies'
actions. The Bureau of Indian Affairs is the sole agency tasked with
administration of the Reindeer Act of 1937.
(c) This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
There are no entitlements, grants, fees, loan programs or other
obligations associated with the administration of the Reindeer Act of
1937.
(d) This rule will not raise novel, legal or policy issues. This
rule merely
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formalizes commonly accepted practice for the administration of the
Bureau of Indian Affairs' responsibility under the Reindeer Act of
1937.
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic effect on a substantial number of small
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.). The proposed regulations do not require any permitting or
data gathering from Native reindeer owners, and only a very few non-
Natives who wish to acquire Alaska reindeer will be affected, and then
only by limited data gathering and not in an economic way.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more. The entire reindeer industry in Alaska, including the value of
all the animals and the supporting infrastructure, does not add up to
$100 million.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. These regulations only affect the
administration of the Reindeer Act of 1937 and do not affect the value
of, or prices received for Alaska reindeer.
(c) Does 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
administration of the Reindeer Act allows Alaska Natives to compete,
should they wish, with other nations' reindeer industries, and protects
the industry from illegal competition from non-Natives.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.):
(a) This rule will not ``significantly or uniquely'' affect small
governments. A Small Government Agency Plan is not required. The
administration of the Reindeer Act does not affect any governmental
agency, but clarifies for Indian Reorganization Act councils the
regulatory requirements for Alaska reindeer sales to Natives and non-
Natives.
(b) This rule will not produce a Federal mandate of $100 million or
greater in any year; i.e., it is not a ``significant regulatory
action'' under the Unfunded Mandates Reform Act. The entire reindeer
industry in Alaska, including the value of all the animals and the
supporting infrastructure, does not add up to $100 million.
Takings Implications (Executive Order 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. A takings implication assessment is
not required. The proposed regulations do not involve taking issues.
They do clarify under what conditions non-Natives may acquire Alaska
reindeer, do not affect the ownership of Alaska reindeer by Natives,
and are not expected to affect Alaska reindeer currently owned by non-
Natives.
Federalism (Executive Order 13132)
In accordance with Executive Order 13132, the rule does not have
significant Federalism effects. A Federalism assessment is not
required. The proposed regulations do not involve any aspect of
Federal-State relations.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that the rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order. The proposed regulations do not involve court action, nor
do they provide significant use of enforcement and judicial action.
Paperwork Reduction Act
The previous OMB Control Number, 1076-0047, covered the loan of
reindeer to Alaska Natives who wished to start their own herd of
reindeer or to improve their existing herd. The collection was allowed
to expire because many reindeer ran off to join the caribou herds that
traveled into the area where the federal reindeer were located.
Therefore, a sufficient number of reindeer could not be maintained in
the reindeer loan program to meet the minimum PRA transactions per
year. This proposed regulation does require an information collection
under the Paperwork Reduction Act. The information will be used to
monitor the use and sale of Alaskan reindeer. The information we now
require under the proposed regulations is limited to names and
addresses of non-Natives who wish to possess Alaska reindeer and to
reports of reindeer disposition and yearly reports. The reporting or
application hourly burden varies from 5 minutes to 20 minutes,
depending upon the kind of report or application used. The special use
and sale reports are submitted annually to BIA staff. Researchers at
the University of Alaska, who study the Alaska Native reindeer, submit
their findings to BIA staff in lieu of a generic report. The table
below explains the collection activity.
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Federal
Form form Time x number of users cost per form x no $32.75/
(minutes) form of users hour
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Special use permit display.............. 10 2 x 10 = 20 minutes....... $1.67 $3.34 $10.92
Reindeer sale permit.................... 10 8 x 10 = 80 minutes....... 1.67 13.36 43.68
Annual report form...................... 10 2 x 10 = 20 minutes....... 1.67 3.34 10.92
8 x 5 = 40 minutes........ 0.84 6.72 21.84
Generic report.......................... 15-20 1 x 20 =20 minutes........ 3.34 3.34 10.92
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Subtotals
Permit.............................. ......... 100 min................... ......... 16.70 54.60
Report.............................. ......... 80 min.................... ......... 13.40 43.68
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Totals.......................... ......... 180 = 3 hours............. ......... 30.10 98.28
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We invite your comments on the necessity of the information
collection to perform agency functions adequately; whether the estimate
of the public burden is accurate; whether the agency can improve the
quality, utility, and
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clarity of the information requested; if the use of automated,
electronic, mechanical or other technological collection techniques
would reduce the time needed for public response; and if our
methodology and assumptions are valid.
Documentation has been prepared and submitted to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
for review and approval of the information request.
Please note that we will not require nor sponsor a request for
information, and you need not respond to a request that does not have a
valid OMB Control Number.
We request comments on the information collection request. You may
submit them to the location in the ADDRESSES section. Please note that
these comments are separate from any comments on the rule. Your
comments will be available for public review at the location in the
ADDRESSES section. If you wish your name or address withheld, you must
state this prominently at the beginning of your comment. We will honor
your request to the extent allowed by law.
National Environmental Policy Act
We have analyzed this rule in accordance with the criteria of the
National Environmental Policy Act and 516 DM. This rule does not
constitute a major Federal action significantly affecting the quality
of the human environment. An environmental assessment is not required.
The proposed regulations do not constitute any irretrievable commitment
of resources, nor will they permit environmental activities that are
not otherwise regulated. The proposed regulations are merely
administrative matters pertaining to the Reindeer Act of 1937.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
have evaluated potential effects on federally recognized Indian tribes
and have determined that there are no potential effects. The proposed
regulations affect only individuals or groups of individuals outside of
tribal governments, and the restrictive measures contained affect only
non-Natives.
Effects on the Nation's Energy Supply (Executive Order 13211)
In accordance with Executive Order 13211, this regulation does not
have a significant effect on the nation's energy supply, distribution,
or use. The proposed regulations pertain only to who and under what
conditions may own Alaska reindeer. There are no energy issues
involved.
Clarity of This Regulation
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following:
(1) Are the requirements in the rule clearly stated?
(2) Does the rule contain technical language or jargon that
interferes with its clarity?
(3) Does the format of the rule (grouping and order of sections,
use of headings, paragraphing, etc.) aid or reduce its clarity?
(4) Would the rule be easier to understand if it were divided into
more (but shorter) sections? (A ``section'' appears in bold type and is
preceded by the symbol ``Sec. '' and a numbered heading; for example,
Sec. 243.2 What terms do I need to know?)
(5) Is the description of the rule in the SUPPLEMENTARY INFORMATION
section of the preamble helpful in understanding the proposed rule?
(6) What else could we do to make the rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240.
You may also e-mail the comments to this address: Exsec@ios.doi.gov
Public Comment Solicitation
If you wish to comment on this proposed rule, you may mail or hand-
deliver your written comments to the person listed in the ADDRESSES
section of this document. Submissions by facsimile should be sent to
(907) 586-7120. We cannot accept electronic submissions at this time.
All written comments received by the date indicated in the DATES
section of this document will be carefully assessed and fully
considered prior to publication of a final rule.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the rulemaking record. We will honor the
request to the extent allowable by law. There also may be circumstances
in which we would withhold from the rulemaking record a respondent's
identity, as allowable by law.
If you wish us to withhold your name and/or address, you must state
this prominently at the beginning of your comment. However, we will not
consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
List of Subjects in 25 CFR Part 243
Indians--Alaska natives, Livestock--Reindeer.
Dated: February 27, 2004.
David W. Anderson,
Assistant Secretary--Indian Affairs.
For the reasons discussed in the preamble, the Bureau of Indian
Affairs proposes to add 25 CFR part 243 to read as follows:
PART 243--REINDEER IN ALASKA
Sec.
243.1 What is the purpose of this part?
243.2 What terms do I need to know?
243.3 Delegation of authority.
243.4 Who can own or possess Alaskan reindeer?
243.5 Who can own or possess imported reindeer, and what limitations
apply?
243.6 Which sales or transfers do not require a permit?
243.7 How can a non-Native acquire live reindeer?
243.8 What penalties apply to violations of this part?
243.9 Who may inherit live Alaskan reindeer and by what means?
243.10 Information collection.
243.11 Are transfers of Alaskan reindeer that occurred before
issuance of this part valid?
243.12 Are Alaskan reindeer trust property owned by the U.S.
Government for the benefit of Alaska Natives?
243.13 Who may appeal an action under this part?
Authority: Sec. 12, 50 Stat. 902; 48 U.S.C. 250k. Interpret or
apply sec. 3, 50 Stat. 900.
Sec. 243.1 What is the purpose of this part?
The Department's policy is to encourage and develop the activity
and responsibility of Alaska Natives in all branches of the reindeer
industry or business in Alaska, and to preserve the Native character of
that industry or business. This part contains requirements governing
acquiring and
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transferring reindeer and reindeer products in Alaska.
Sec. 243.2 What terms do I need to know?
Act means the Reindeer Industry Act of September 1, 1937, 50 Stat.
900 (25 U.S.C. 500 et seq.), as amended.
Alaska Native means:
(1) Eskimos, Indians, and Aleuts inhabiting Alaska at the time of
the Treaty of Cession of Alaska to the United States and their
descendants; and
(2) Indians and Eskimos who, since the year 1867 and before
September 1, 1937, migrated into Alaska from the Dominion of Canada,
and their descendants currently living in Alaska.
Alaskan Reindeer means:
(1) All reindeer descended from those present in Alaska at the time
of passage of the Act; and
(2) Any caribou introduced into animal husbandry or that have
joined reindeer herds.
BIA means the Bureau of Indian Affairs.
Designee means the person assigned by the Alaska Regional Director
to administer the reindeer program.
Imported reindeer means reindeer brought into Alaska from any
region outside of Alaska by non-Native persons since passage of the
Act. It does not include ``Alaskan'' reindeer sold live and shipped out
of Alaska, or their descendants, that have been returned to Alaska.
Native reindeer organization means any corporation, association, or
other organization, whether incorporated or not, composed solely of
Alaska Natives, for the purpose of engaging in or promoting the
reindeer industry.
Non-Native means a person who is not an Alaska Native.
Regional Director means the officer in charge of the Alaska
Regional Office of the Bureau of Indian Affairs.
Reindeer products mean the meat, hide, antlers, or any other
products derived from reindeer.
Transfer means the conveyance of ownership of reindeer or reindeer
products, or any interest in them or interest in an Alaska Native
reindeer organization, by any method.
We, us and our mean the Regional Director or the Director's
designee.
Sec. 243.3 Delegation of authority.
The Secretary of the Interior has delegated authority under the Act
through the Assistant Secretary `` Indian Affairs to the Alaska
Regional Director of the Bureau of Indian Affairs. All claims of
ownership of reindeer in Alaska, as required by the Act (section 500b),
must be filed with the Regional Director or the Director's designee.
Sec. 243.4 Who can own or possess Alaskan reindeer?
(a) Only Alaska Natives, organizations of Alaska Natives, or the
United States for the benefit of these Natives, can own Alaskan
reindeer in Alaska.
(1) Any transfer not allowed by this part is not legal, and does
not confer ownership or the right to keep Alaskan reindeer, reindeer
products, or any interest in them.
(2) Anyone violating this part will forfeit their reindeer or
reindeer products to the Federal Government.
(b) An Alaska Native or a Native reindeer organization may transfer
reindeer that they own to other Alaska Natives or Native reindeer
organizations without restriction, except as provided in this part.
(c) We may maintain reindeer for research projects, so long as the
purpose of the research benefits the Native reindeer industry. We
retain title to these reindeer and will determine their eventual
disposition.
(d) A non-Native manager of Alaskan reindeer must, by the last day
of September each year:
(1) Provide us a copy of the contract with the Native reindeer
owner; and
(2) Provide us a written report of all Alaskan reindeer kept, born,
died or transferred.
(e) We may permit possession of a limited number of Alaskan
reindeer by a non-Native applicant under a Special Use Permit for
Public Display.
(1) We can revoke this permit for cause.
(2) The permit will not allow the permit-holder to keep a breeding
herd (i.e., a herd that is capable of reproduction).
(3) The permit holder must report to us in writing by the last day
of September each year on all reindeer held under this permit.
Sec. 243.5 Who can own or possess imported reindeer, and what
limitations apply?
(a) Anyone, including non-Natives, may own imported reindeer in
Alaska for any legitimate purpose, subject to State and Federal animal
health laws and regulations.
(b) Imported reindeer must not be intermingled with, or be bred to,
Alaskan reindeer without our written consent. Any offspring resulting
from a mating with Alaskan reindeer are considered Alaskan reindeer and
a non-Native owner may not maintain these reindeer alive in Alaska.
(c) This paragraph applies if a non-Native owner of imported
reindeer in Alaska contracts with a Native reindeer owner to keep and
manage the imported reindeer. The owner must:
(1) Distinguish the imported reindeer from the Alaskan reindeer by
applying a distinctly different permanent earmark or tattoo on all
imported reindeer; and
(2) Register the earmark or tattoo with the State Division of
Agriculture book of livestock brand marks.
Sec. 243.6 Which sales or transfers do not require a permit?
The following transfers do not require a permit:
(a) Sale by Alaska Natives of dead reindeer or reindeer products to
non-Natives; and
(b) Transfer of live reindeer between unrelated Alaska Natives.
Sec. 243.7 How can a non-Native acquire live reindeer?
If you are a non-Native who wants to acquire live Alaskan reindeer,
you must apply to us in writing. We will either grant the request and
issue a written permit valid for 90 days or reject the request and give
our reasons in writing. Any transfer that we authorize is subject to
the following conditions.
(a) The transfer must meet the requirements of the Act and this
part.
(b) Within 30 days of transfer, you must either butcher the
reindeer in Alaska or ship them out of Alaska. If you ship the reindeer
out alive:
(1) You must comply with all Federal and State animal health
regulations governing transfers and shipments; and
(2) The reindeer and their descendants must never be brought back
to Alaska alive.
(c) Within 30 days of the transfer, you must report to us the
actual number of reindeer transferred or slaughtered.
Sec. 243.8 What penalties apply to violations of this part?
If you are a non-Native transferee of live Alaskan reindeer who
violates the provisions of this part, you are subject to the penalties
in this section.
(a) Under 25 U.S.C. 500i, you can be fined up to $5,000 if you:
(1) Take possession of reindeer without a permit issued under Sec.
243.7; or
(2) Do not abide by the terms of a permit issued under Sec. 243.7
(including the requirement you slaughter or export the reindeer within
30 days and not bring them back alive into Alaska).
(b) Under 25 U.S.C. 500b, you are barred from asserting your title
to the reindeer if you:
(1) Do not obtain from us a transfer permit and fully comply with
its terms; or
(2) Fail to file with us a claim of title to reindeer within 30
days of acquiring them.
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Sec. 243.9 Who may inherit live Alaskan reindeer and by what means?
(a) Privately owned live Alaskan reindeer may pass to the deceased
owner's Native heirs by descent or devise.
(b) This paragraph applies if the final probate decree of the
Department of the Interior, or the decision of any reviewing Federal
court, identifies a non-Native as inheriting Alaskan reindeer. The non-
Native may inherit, but must be allowed no more than 30 days from
receiving the final determination of heirship to:
(1) Slaughter the reindeer;
(2) Apply for a permit to transfer the reindeer to an out-of-state
transferee; or
(3) Apply for a permit to transfer ownership of the reindeer to one
or more Alaska Native family members or other Alaska Native(s).
Sec. 243.10 Information collection.
The Department of the Interior collects information for the
Reindeer Act to ensure compliance with its terms, to monitor the
industry in Alaska, and to maintain a complete and self-sustaining
economy for Alaska Natives (25 U.S.C. 500f). The collection of
information as required in Sec. Sec. 243.4, 243.5, 243.6, 243.7 and
243.8 has not been approved by the Office of Management and Budget
under 44 U.S.C. 3507; a previously assigned clearance number 1076-0047
was allowed to expire. A request has been submitted to the Office of
Management and Budget for review and reinstatement of this control
number.
Sec. 243.11 Are transfers of Alaskan reindeer that occurred before
issuance of this part valid?
All transfers of live Alaskan reindeer or reindeer products that
were completed before the effective date of this part are hereby
ratified and confirmed. This ratification does not extend to transfers
that:
(a) Were fraudulent;
(b) Were made under duress;
(c) Did not result in payment of fair compensation to the Native
transferer; or
(d) Would have been prohibited under Sec. Sec. 243.6 or 243.8 of
this part.
Sec. 243.12 Are Alaskan reindeer trust property owned by the U.S.
Government for the benefit of Alaska Natives?
Except for reindeer maintained by BIA for research purposes or
under other special use permits, all Alaskan reindeer are the private
property of their Native owners subject only to:
(a) The restrictions of the Reindeer Act; and
(b) BIA's responsibility to ensure that any transfers of ownership
are in accordance with this part.
Sec. 243.13 Who may appeal an action under this part?
Any interested party adversely affected by a decision under this
part has the right of appeal as provided in 25 CFR part 2, and 43 CFR
part 4, subpart D.
[FR Doc. 04-5467 Filed 3-10-04; 8:45 am]