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HomeMy WebLinkAboutUS Dept. of the Interior - Bureau of Indina Affairs - Notice of Decision BUTTE COUNTY ADMINISTRATION fxT °F 4 'y DEC 0 7 2017 F y United States Department of the Interior �&'a 3 Q BUREAU OF INDIAN AFFAIRS Pacific Regional Office IN REPLY arrear TO: 2800 Cottage Way rec to Trust canaortium (548)Mechoopdn Sacramento, California 95825 "Rickard"property NOV 3 D 2017 NOTICE OF DECISION CERTIFIED MAIL-RETURN RECEIPT REQUESTED—7017 1070 0000 8979 5410 Honorable Dennis Ramirez Chairperson, Chico Rancheria Mechoopda Indian Tribe of Chico Rancheria 125 Mission Ranch Boulevard Chico, CA 95926 Dear Chairman Ramirez: This is our Notice of Decision for the application of the Mechoopda Indian Tribe of Chico Rancheria to have the below described property accepted by the United States of America in trust for the Mechoopda Indian Tribe of Chico Rancheria, California. The following described real property in the County of Butte, State of California, more particularly described as: LOT THIRTY-NINE(39),AS SHOWN ON THAT CERTAIN MAP ENTITLED, "ME-CHOOP-DA INDIAN RANCHERIA SUBDIVISION," WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON APRIL 25, 1961, IN BOOK 25 OF MAPS, AT PAGE(S)40 AND 41. The subject property consists of one parcel encompassing .21 acres more or less, commonly referred to as the"Rickard"property and Assessor's Parcel Number 043-180-039. The subject property is an original parcel of the Chico Rancheria. The Chico Rancheria's goal is to ensure that the subject property is maintained and protected well into the future and that the Tribe continues to be the beneficial owner of the property. In 1909 and 1918, Mrs. Bidwell deeded two parcels of land to the Board of Home Missions of the Presbyterian Church in trust for the Mechoopda Indians. In 1939, both parcels were I conveyed to the United States in trust for the Mechoopda Indians under the authority of the appropriation for Homeless California Indians of 1925, appropriated in 1939, 50 Stat. 564. Id. Pursuant to the California Rancheria Act (Act ofAugust 18, 1958, P.L. 85-671, 72 Stat. 619, as amended) the United States terminated the federally recognized status of the Mechoopda Indian Tribe and the status of the Rancheria as "Indian lands." Subsequently, a majority of the Chico Rancheria lands were sold pursuant to a distribution plan. Other trust lands were sold to satisfy tax liens as a result of the termination. In 1986, the Tribe, along with three other Indian Rancheria communities and several individuals, filed suit in Federal Court challenging the Federal Government's termination of the Mechoopda Indian Tribe and the Chico Rancheria. Scotts Valley Band of Pomo Indians, et al. v. United States, Case No. C-86-3660-VRW. Federal Law authorizes the Secretary of the Interior, or his authorized representative,to acquire title on behalf of the United States of America for the benefit of tribes when such acquisition is authorized by an Act of Congress and (1) when such lands are within the exterior boundaries of the tribe's reservation, or adjacent thereto, or within a tribal consolidation area, or (2) when the tribe already owns an interest in the land, or (3) when the Secretary determines that the land is necessary to facilitate tribal self-determination, economic development, or tribal housing. The applicable regulations are set forth in the Code of Federal Regulations (CFR), Title 25, INDIANS, Part 151, as amended. In this particular instance, the authorizing Act of Congress is the Indian Reorganization Act of 1934 (48 Stat. 984; 25 U.S.C. 5108). Additionally,the lands that are the subject of this decision notice are located within the boundaries of the Mechoopda Indian Tribe and the Chico Rancheria, as reestablished in Scotts Valley Band of Pomo Indians, et al. v. United States, Case No. C-86-3660-VRW, said lands being defined as Indian country within the meaning of 18 U.S.C, §1151. On June 15, 2017, by certified mail, return receipt requested, we issued notice of and sought comments regarding the proposed fee-to-trust application from the California State Clearinghouse, Office of Planning and Research; Mr. Joe Dhillon, Senior Advisor for Tribal Negotiations, Office of the Governor; Sara Drake, Deputy Attorney General, State of California; Office of the Honorable Senator Diane Feinstein; U.S. House of Representatives, 52 d District; City of Chico; Chico Police Department; Chico Fire Department; City Manager's Office; Community Development Department; County of Butte, Board of Supervisors; Butte County Assessor Office; Butte County Treasurer and Tax Collector Office; County of Butte,Public Works; Butte County Sheriff Department; Enterprise Rancheria; Mooretown Rancheria; Berry Creek Rancheria and Superintendent, Central California Agency. In response to our Notice of Application dated lune 15, 2017, we received the following comment(s): 1. Letter dated June 21, 2417 from the SCI Consulting Group on behalf of the Butte County Mosquito, Vector and Disease Control District,which states: 2 • Information not available. • The Butte County Mosquito, Vector, and Disease Control District currently has one special assessment in the amount of$2.42, that is levied on an annual basis. • The District provides mosquito control; surveillance of ticks,yellow jackets and other vectors; and disease control services within its boundaries. The District services are available to all properties in the Service Area. The mission of the District is primarily to suppress mosquito-transmitted disease and to reduce the annoyance levels of mosquitoes and diseases associated with ticks,fleas and other vectors through environmentally sound control practices and public education. 2. Letter dated June 23, 2017 from the State of California, Department of Transportation,which states: • If any changes in land use or construction projects are proposed,we request to be notified in order to assess the potential traffic impacts. 3. Email dated August 8,201.7 from Joe Dhillon, Senior Advisor for Tribal Negotiations, Office of Governor,which states: • The State notes that the Stipulated Judgement contemplates, that the land may be taken into trust but provides that"acceptance of any such land in trust status shall be subject to the condition that its use be and remain consistent with the use element of the General Plan of the City of Chico or the County of Butte,whichever may apply." • We believe this is consistent with the application and intended use by the Tribe but note the limitation as one which should be referenced for clarity in your decision. By letter dated November 13, 2017, the Chico Rancheria's responses for each of the concerns listed above are: • The Tribe's response to the Butte County Mosquito, Vector and Disease Control District loss to the annually assessment of$2.42 dollars,will not impact local government. • The Tribe's response to the Department of Transportation's and Office of the Governor's (Joe Dhillon) comments are general comments and do not raise any specific issues with the application. Pursuant to 25 CFR 151.10, the following factors were considered in formulating our decision: (1)the need of the tribe for additional land; (2)the purposes for which the land will be used; (3) impact on the State and its political subdivisions resulting from the removal of the land from the tax rolls; (4)jurisdictional problems and potential conflicts of land use which may arise; (5) whether the Bureau of Indian Affairs is equipped to discharge the additional responsibilities resulting from the acquisition of land in trust status; (6)the extent to which the applicant has provided information that allows the Secretary to comply with 516 DM 6, appendix 4,National 3 Environmental Policy Act Revised Implementing; Procedures, and 602 DM 2, Land !Acquisitions; Hazardous Substances Determinations. Accordingly, the following analysis of the application is provided. Factor I -Need for Additional Land This acquisition of the "Rickard" property in trust for the Tribe is part of the Tribe's comprehensive plan for restoration of its original Rancheria land base. The Tribe must ensure that the Rickard property is maintained and protected well into the future and that the Tribe continues to be the beneficial owner of the property. It is important to the Tribe to re-establish jurisdiction over a portion of its original/traditional land base, thereby allowing the Tribe to protect and preserve the historical and cultural significance for the Tribe. The Rickard property is located approximately 600 square feet to the west of the Mechoopda Indian Cemetery. The Rickard property and the Cemetery are the only two parcels of land within the boundaries of the Tribe's former Rancheria, remaining in Indian ownership. The lands are located in the area, where the Tribe used to gathering traditionally materials, meet for spiritual and traditional activities. Therefore,by placing the land into trust it will allow the Tribe to exercise its jurisdiction as a tribal government to maintain and protect the property for future generations. It is our determination that the Mechoopda Indian Tribe of Chico Rancheria has established a need for additional lands to protect the environment and preserve the reservation. Factor 2 -Proposed Land Use The subject property is located in Chico, California, within the boundaries of the Tribe's original Rancheria. The subject property is currently open space that is surrounded on two sides by paved streets and on two side's residential development. The subject property consists of undeveloped land. The Tribe has no plans to develop or change the land use for subject property. The subject property consists of land, encompassing approximately .21 acres, more or less, and is commonly referred to as Assessor's Parcel No. 043-180-039. Mr. Dhillon's comment dated August 8,2017, regarding the limitations referenced in the Stipulated Judgement for the Chico Rancheria,which states, that the land may be taken into trust but provides that "acceptance of any such land in trust status shall be subject to the condition that its use be and remain consistent with the use element of the General Plan of the City of Chico or the County of Butte,whichever may apply." Since the Tribe has no plans for the vacant (undeveloped) property, there will be no issue or concern to the use being consistent with the City and County's General Plan. 4 Factor 3 —Impact on State and Local Government's Tax Base In the 2017-2018 tax years, the total tax assessed on the subject parcels was $540.62. During the comment period, none of the solicited agencies indicated that any adverse impacts-would result from the removal of the subject parcel from the tax rolls. Transferring the subject property into trust will not have a significant impact on the State of California or Butte County's tax revenue because the amount of property taxes assessed on this parcel is small in comparison to the County's annual property tax revenue. Parcels accepted into federal trust status are exempt from taxation and would be removed from the County's taxing jurisdiction. It is our determination that no significant impact will result from the removal of this property from the county tax rolls given the relatively small amount of tax revenue assessed on the subject parcel. Factor 4 -Jurisdictional Problems and Potential Conflicts of Land Use Which May Arise The Tribe does not anticipate that any significant jurisdictional conflicts will occur as a result of transfer of the Rickard property into trust. The property lies wholly within the exterior boundaries of the original Chico Rancheria and, as such, constitutes an area over which the Tribe exercises a significant degree of jurisdiction. Currently,the property is vacant, open space. The Tribe has no plans to change the use of the property; therefore it is unlikely that any jurisdictional conflicts will arise. The land presently is subject to the full civil/regulatory and criminal/prohibitory jurisdiction of the State of California and Butte County. Once the land is accepted into trust and becomes part of the Rancheria, the State of California will have the same territorial and adjudicatory jurisdiction over the land, persons and transactions on the land as the State has over other Indian counties within the State. Under 18 U.S.C. § 1162 and 28 U.S.C. § 1360 (P.L. 83-280), except as otherwise expressly provided in those statutes,the State of California would retain jurisdiction to enforce its criminal/prohibitory law against all persons and conduct occurring on the land. Transfer of the Rickard property into trust will not have an effect on Butte's regulatory jurisdiction or zoning over the subject property as the property is subject to tribal, not County regulatory jurisdiction and zoning regulations. Factor 5 - Whether the Bureau of Indian Affairs is equipped to discharge the,additional res onsibilities resulting from the acquisition of the land in trust status Acceptance of the Rickard property into Federal trust status should not impose any additional responsibilities or burdens on the BIA. The Tribe will ensure that all essential services, security, fire protection,natural resources protections, etc. are provided to the property using existing federal allocations. This acquisition anticipates no change in land use on the Rickard property; and therefore, any additional responsibilities resulting from this transaction will be minimal. 5 Factor 6—The extent to which the applicant has rovided information that allows the Secretary to coml2ly with 516 DM 1-7,National Environmental Policy Act Revised Im Iementin r Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances Determination In accordance with Interior Department Policy(602 DM 2), we are charged with the responsibility of conducting a site assessment for the purposes of determining the potential of, and extent of liability from hazardous substances or other environmental remediation or injury. The record includes a negative Phase 1 "Contaminant Survey Checklist" dated July 25, 2013, reflecting that there were no hazardous materials or contaminants. National Environmental Policy Act Compliance An additional requirement that has to be met when considering land acquisition proposals is the impact upon the human environment pursuant to the criteria of the National Environmental Policy Act of 1969 (NEPA). The BIA's guidelines for NEPA compliance are set forth in the Bureau of Indian Affairs Manual (59 IAM). The proposed action herein has been determined not to require the preparation of either an Environmental Assessment(EA) or an Environ rental Impact Statement (EIS). A Categorical Exclusion requires a qualifying action in this case, 516 DM 10.51, Land Conveyance and Other Transfers,where no immediate change in land use is planned. A Categorical Exclusion for the acquisition for the subject property was approved by this Agency on March 7, 2016, and compliance with NEPA has been completed. Conclusion Based on the foregoing, we at this time issue notice of our intent to accept the subject real property into trust. The subject acquisition will vest title in the United States of America in trust for the Mechoopda Indian Tribe of Chico Rancheria in accordance with the Indian Reorganization Act of 1934 (25 U.S.C. § 5108). Should any of the below-listed known interested parties feel adversely affected by this decision, an appeal may be filed within thirty(30) days of receipt of this notice with the Interior Board of Indian Appeals, U.S. Department of the Interior, 801 N. Quincy St., Suite 300, Arlington, Virginia 22203, in accordance with the regulations in 43 CFR 4.310-4.340 (copy enclosed). Any notice of appeal to the Board must be signed by the appellant or the appellant's legal counsel, and the notice of the appeal must be mailed within thirty(30) days of the date of receipt of this notice. The notice of appeal should clearly identify the decision being appealed. If possible, a copy of this decision should be attached. Any appellant must send copies of the notice of appeal to: (1) the Assistant Secretary of Indian Affairs, U.S. Department of Interior 1849 C Street,N.W., MS-3071-MIB, Washington, D.C. 20240; (2) each interested party known to the appellant; and (3) this office. Any notice of appeal sent to the Board of Indian Appeals must certify that copies have been sent to interested parties. If a notice of appeal is filed, the Board of Indian Appeals will notify appellant of further appeal procedures. If no appeal is timely filed, further notice of a final agency action will be issued by the undersigned pursuant to 25 CFR 151.12(b). No extension of time may be granted for filing a notice of appeal. 6 If any party receiving this notice is aware of additional governmental entities that may be affected by the SLI[Iject acquisition, please forward a copy of this notice to said party or timely provide our office with the name and address of said party, Sincerely, Regio ral Director Enclosure: 43 CFR 4.31 0, et seq. cc: Distribution List 7 DISTRIBUTION LIST cc: BY CERTIFIED MAIL—RETURN RECEIPTS REQUESTED TO: California State Clearinghouse (ten copies) --70I7 1070 0000 8979 5403 Office of Planning and Research P.O. Box 3044 Sacramento, CA 92220 SaraJ.Drake,Deputy Attorney General-7017 1070 0000 8979 5397 State of California Department of Justice P.O. Box 944255 Sacramento, CA 94244-2550 JoeDhillon,Sr. Advisor for Tribal Negotiations —7017 1070 0000 8979 5380 Deputy Legal Affairs Secretary Office of the Governor California State Capitol Building, Ste. 1173 Sacramento, CA 95814 Office of the Honorable Dianne Feinstein —7017 1070 0000 8979 5373 331 Hart Senate Office Building Washington, DC 20510 City of Chico —7017 1070 0000 8979 5366 411 Main Street Chico, CA 95928 Chico Police Department —7017 1070 0000 8979 5359 1460 Humboldt Road Chico, CA 95928 Chico Fire Department —7017 1070 0000 8979 5342 842 Salem Street Chico, CA 95928 City Manager's Office —7017 1070 0000 8979 5335 411 Main Street Chico, CA 95928 Community Development Department —7017 1070 0000 8979 5328 411 Main Street, 2° Floor Chico, CA 95928 8 Board of Supervisors —7017 1070 0000 8979 5311 County of Butte 25 County Center Drive, Suite 200 Oroville, CA 95965 Butte County Assessor =7017 1070 0000 8979 5298 25 County Center Dr. Suite 100 Oroville, CA 95965 Butte County Treasurer and Tax Collector —7017 1070 0000 8979 5304 25 County Center Drive, Suite 125 Oroville, CA 95965 Butte Public Works —7017 1070 0000 8979 5281 7 County Center Drive Oroville, CA 95965 Butte County Sheriff—7017 1070 0000 8979 5274 33 County Center Drive Oroville, CA 95965 Chairperson —7017 1070 0000 8979 5267 Enterprise Rancheria 2133 Monte Vista Ave. Oroville, CA 95966 Chairperson —7017 1070 0000 8979 5250 Mooretown Rancheria 1 Alverda Drive Oroville, CA 95966 Chairperson —7017 1070 0000 8979 5243 Berry Creek Rancheria 5 Tyme Way Oroville, California 95966 Regular Mail: Superintendent, Central California Agency, BIA 650 Capitol Mall, Suite 8-500 Sacramento, California 95814 9 'Ilia /I:I o d 1" 4)I V d e I I office of the Socrefor y, Interior maw qWWAMIly and concisely Lhv :mpport Llrtorawtrf arss the 011A dev1ding of- grounds upon whidi it Is bamwl. 1"f00 inny nNoW 'Me IMA detAdMg, "" Xwkig hwWn of proof, The 011A offhAid will thein issue an on Wvtt, deciding offl(Aal will, ullmi ritawla of a the (Wed SLOMS holds 14% Im such domand I& limmin, set a thiriv and intvreqUi Its trust for the tribo, 11)134p'(f plave therefor and must. innAl ooticl! the complete record. inch3ding the de- thereof to all parLiez bI illterost, not Cision, with tile title. pilor.urt wprovided less than 30 days it) advance. provided, ill §4,Wl0(bi, furnish a duplicate. record however, 1,11DA., such date Inust lm tiot to the Superintendent' and after tile nxpiration of the 60-day po- Inall a notice of such aer.Lloln Loretber Hod fixed for the filing or the demand with it copv of the decision W) cilvll for hearing its provided in §4,3051a1, At party in jntcregf,. the hearing,each )laity eba,11ollginv,the trtbe'% claim to purchase tile Interests §4-Iffill MSPOSWOnOfincowO. ill question or tile Valuation of tile ill- Durix.K the pLatlency of the probakA: twoms AS met forth in the valuation IV- and up to the date of transfor of title port will have the burden or yosvi ng hi to the United States in trust for the or leer position. 1xibe in accordance with §4.307, all in- (c) Decision offer hearinp: appeal. eoine received or acerned from the IpLud UP011 conclusion Of I Jraa� the interests pwonmil by the Ulm will bp OHA deciding official will issue it (feet-- credited to the estate, cion which determines all of the Issues Cizoss '4;ee 25 CIOR txwt 9. f(if. Including, but, nol. hintited to. a JWW- procadures fur ztj�pvuls lis Aj'VkL Djl-N7t1)Mivrirr me))L establishing um NW mWN. to thv VnillinIHMOner K LK HUM11 0 IMINH value of the interwAs Pumbaw4l by the t-ribe. Moluding all,,, adjusLintint.thereof inade necessary by tile surviving spousel decision to rmemv a life vs- taw in orae;-half of OR imwwts. "le decision must, specify the Wt, of ap- po,%] t() tile Board of INWAn Anwals SOVA(1,*�. 111; Ffi 6765fl. DITV, N1, 21MM 1111JUJiS wit.wri fA)days froni the data: of the dti- tithemi..nr laikill. cWlav in ac-cordauce walla N40110 through 4323. The OHA deoidinK offi- =0 gAzl rnuat Jodiye Se coniqAeLe muord re- !At IMUM The alWhIve dativ for Ming JaUng to the demand for liehW W-h at, notice of appettl or of dociamvnt. the titte piant as provided 0 1413INK With the BMLnl during 6he course of an furnish a duplicate record thereof to appeal is the date of Inalling or the the Superfintandenk and In'VII a notice date 01,persona1 delivery, exec-pt,that it of such action together with a atopy of motion for the Board to assume jurih- the deWWan to each pwty in intene i.it. diction over an appeal under 25 CPR 2.20ite)will tie effc�tive the date it is re- §4,3" 'rime for payment. Cei"Ved by 1,11C Board. A tribe must, pay Ididt full Iafr marRel dij Service. Notices of allpe'll and ,,,flue of tjic� iiitvrests Imirhasel as spi Pleadinirs Must Im se'rVi."d oll all paxtje,� forth in the vnWNMm rqml or as de- in inti rest in any pvcmiling before the LepmIned after hvaOng in avowdance Interjol,i3oitrd j)f Indfuji Appeals by the with §INT whowhever is applivable, party Filing 111v i1of;ive or pleading wfi.11 wHMn 2 ymws Awm I he We ig d4vii- Ov B(mi-d. Serviev ipug( be Purom- dent"Is death or withJu I ymr AVM file plished upon personal (Jelivery nr mmil- (late of notiLiv of plirchaue, WvQwT My VMmw m party is raruvwwwlin an Comes ALM% 11ppeal by an attorney or o1her rep- 1'est:11taVive au"vorized undt"). -V cleft h4.307 '.ntle. Ll se idw of any domm= an Me at- Upon payment, Ily the tribe of they in- borney or representaLivL IS Borvice oil wrests purchased, the Superintenderit the laity, Wine a party is represented must issue a certificate to the ORA de- by more than one atterney, swrtrice tali ,Viding official tjjo.'t VWs, Ims beivii done any one attormvy is Sufficiplit."'I'lle CLV- nnd file tJiervwiLb -meh documents in or %ervioe 0,11 ull 11-13orney or 99 I Offlee of the Secretary.Interior §4.320 (b)Motions to Intervene.to appear as 14,517 Standards of conduct. amicus curiae, to join additional Pending before the Board must be par- {a} Enquiries about cases. All inquiries ties, to obtain an order in an appeal with respect to any matter pending be- served in the same manner as appeal fore the Board must be made to theChief Administrative Judge of the briefs. I Board or the administrative judge as- algned the matter. 14.514 dilaarzation of administrative (b) Dis(rualt{icatfon. An administra- rea»etlies. � ' tive judge may withdraw from a casa in (a) No decision of,an OHA deciding accordance with standards found In the official or a BIA official, which at.the recognized canons of ,judicial ethics if Mine of its rendition Is subject to ap- the judge deems such action appro- peal to the Board, will be considered priate. If. prior to a decision of the final ao As to constitute agency action Board,a party files an affidavit of per- subject to judicial� review under & sonal blas or disqualification with sub- U.S.C. 704, unless shade effective pend- stantiating facts, and the administra- ing decision on appeal by order of the tive Judge concerned does not with- goard. t draw, the Director of the office of (b) No further appeal will lie within Hearings and Appeals will determine . the Department from a decision of the the matter of disqualification. Board. (c)The filing of a petition for recon- 14.318 Seope of review, sideration is not required to exhaust An appeal will be limited to those administrative remedies. Issues which were before the 011A, do- ' I ciding official upon the petition for re- 14,515 Reconsideration. hearing, reopening, or regarding tribal (a) Reconsideration of it decision of purchase of interests,or before the BIA the Board will be granted only, In ex- official on review. However, except as traordinary circumstances. Any party specifically limited. In this part or in to the decision may petition for recon- title 25 of the Code of Federal Regula- elderation. The petition must be filed tions. the Board will not be Iimited in with the Board within 30 days from the its scope of review and may exercise date of the decision and must contain a the inherent authority of the Secretary detailed!statement of the reasons why to correct A manifest injustice or error reconaMeration should he granted. where appropriate. (b)A party may file only one petition ApPe asp Bo.►ttn OF INDIAN for reconsideration,n. •f APPEALS IN PROBATE MATTERS (e) Tlae filing of a•patltl8n will not stay the effect of any decision or order SOUR : gs PR 87860. Dec. 31, 2001, unless and will not affect the finality of any otherwise noted. decision or order for purposes of Judi- cial review, unless so ordered by the 14" Who may appeal, Board' (a)A party In Interest has a right to 14.318 Remands!'rem counts, appeal to the Board from an Order of an ORA deciding official on a petition for Whenever any, matter Is remanded --rehearing. a petition for reopening, or from any federal court to the Bosrd for regarding tribal purchase of interests farther proceedings. the Board will el- in a deceased Indian's trust estate, ther remand the matter to an Olu de- (b) Notice at appeal. Within oo days tiding official or to the BIA,or to the from the date of the decision,An appel- extent the court's directive and time lent must file a written notice of ap- limitations will permit, the parties peat signed by Appellant, appellant's will be allowed an opportunity to cab- attorney,or other qualified repreeenta- mit to the Board a report recon!- Live as provided in 43 CFR 1.3, with the mending procedures for it to follow to Board of Indian Appeals, Office of comply with the court's order. The hearings and Appeals,V.S.Department Board will enter special orders go'v- of the Interior. $01 North Quincy ernipg matters on rennand, Street, Arlington, Virginia 22203. A 101 i 1 4fltce of the Secretary,Interior 54.333 (2)Matters decided by the Bureau of (1)A full ldentification of the case; Indian. Affairs through exercise of its (2)A Statement of the reasons for the discretionary authority;or appeal and of the relief sought;and (3)Appeals from decisions pertaining (3)The names and addresses of all&d- to final recommendations ar actions by dttional interested parties. Indian officials of the'Mineralis Management tribes, tribal corporations, or groups Service,unless the decision is based on ]saving rights or privileges which may an Interpretation of Federal Indian law be affected by a change In the decision, (decisions not so based which arise whether or not they participated as in- from, determinations of the Minerals tereated parties in the earlier pro- Management Service, are appealable to ceedings. the Interior Hoard of Land Appeals in (b)In accordance with 25 CFR 2.20(c) accordance with 43 CFR 4.410). a notice of appeal shall not be effective 14431 Wha may appeal. for 20 days from receipt by the Board, daring which time the Assistant See- Any Interested party affected by a, retarp Indian Affairs may decide to final administrative action or decision review the appeal.If the Assistant Sec_ Of an afifcial of the Bureau of Indian retnry—Indlan Affairs properly notifies Affairs issued under regulations in title the Board that he has decided to review 25 of the Code of Federal Regulations the appeal, any documents concerning may appeal to the Board of Indian,Ap- the Cass tiled with the Hoard shall be peals,except— ; transmitted to the Assistaut See- a) To the extent that decisions reta y Lndian Affairs. which are subject to appeal to a.higher (c)When the appellant Is an Indian or Official within the Bureau of Indian A.f- Indian tribe not represented by coan- fairs must first be appealed to that of- eel,the official who issued the decision fiefal; appealed shall, upon request of the ap- (b) Where the decision has been ap- reliant,render such assistance as is ap- proved In writing by the Secretary or proprlats in the preparation of the ap- Assistant 5ecratary--Indian Affairs peal. prior to promulgation;or (d) At any time during the pendency or regulation.Where therwtse provfded by Iaw of an appeal. a»appropriate bond may - be required to protect the interest of 64M2 Appeal to the Board; how any Indian,Indian tribe, or other par- taken; mandatory time for filing, ties Involved. �preparation�arsiatance; requ(re,. 164 PR 8467. Feb. ie, 1889, ae ameaded M 67 ITR 4369,,Fan.30,2=1 (a) A notice of appeal.shall be in writing, Signed by the Rgpelimnt or by 1*.333 80nd a of not!"of appeal. his attorney of record or other qualf- (a) On or before the data of filing of tied repreaeatative ON Provided by 43 the notice of appeal the appellant shall i CFR 24,And filed with the Board.of In- serve a copy of the notice upon each diaa Appeals, Office of hearings and known interested party,upon the offi- 'Appeals, U.B. Department of the Into- Cial of the Bureau of Indian Affairs rfor, 801 North Quincy Street. ArIing from whose decision the appeal is ton,Virglala 22203,within ao days after taken, and upon the Assistant sec- receipt by the appellant of the decision retary—Indian Affairs. The notice of from which the aApeal is taken.A copy, appeal filed with the Board shall cer of the notice of appeal shall aimulta- tity that service was made as required neously be filed with the Assistant Sec- by this section and ahall show the rotary—Indfan Affairs. As required by names and addresses of all parties 14.333 of this part, the notice of appeal served. If the appellant is au Indian or sent to the Board shall certify that a an Indian tribe not represented by copy has been sent to the Aselstant counsal, the appellant may request the Beoretary Indian Affairs. A notice of official of the Bureau whose decision is appeal not timely filed shall be dis- appealed to assist in service of copies misled for lack of Jurisdiction. A no- of the notice of appeal andany p- au tics of appeal shalt include: porting documents. l 103 f I Ofto of the Secretary,Interor 64.351 I comments regarding the recommended (2) The term,Board means the Board decision with the Board in accordance of Indian Appeals in the Office of Hear- with 14.335 of this part. Ings and Appeals, Office of the See-• ' retary. 14339 Exgardinceptions re ons n comments re• (3) The term Project Director means administrative recoranawjudded decision by the Superintendent of the Minnesota administrative Iaw Judge. Within 30 days after receipt of the Agency. Bureau of Indian Affairs, or recommended decision of the adminis- other Bureau of Indian Affatrs official trative law judge, any party may file with delegated authority from the Min- erceptions to or other comments on neapoIia Area Director to serve as the the decision with the Board. federal officer In charge of the White Earth Reservation Land Settlement 14.340 Disposition of the record. Project. Subsequent to'a' decision by the (4)The term party(parties)in interest Board, the record filed with the Board means the Project Director and any and all documents added during the ap- presumptive or actual heirs of the de- peal proceedings,Including the Board`a cadent, or of any Issue of any subee- decision,shall be forwarded to the offl- quently deceased presumptive or ac- etal of the Bureau of Indian Affairs tual heir of the decedent. whose decision was appealed for proper (5) The term compensation means a disposition la accordance with rules monetary sum, as determined by the and regulations concerning treatment Project Director, pursuant to section of Federal records. 8(c)of the Act. WInTE AItT11 REeERva 1nN LANs Sir- (6) The term admimtrative fudge TLEMENT AcT OF 1985: AUTHORITY OF means as tiva laadminjit4 a, judge y an ADMIMSTRAT1YE JUDGES; DETERMINA- TIONS OF THE HEMS OF PERSONS WHO visor, or other appropriate official of DIsD ENTITLED To CompEN'6ATION the Office of Hearlugs and Appeals to I whom the Director of the Office of Bounce: Be Flt 81383, No. 3. 1951. unless Hearings and Appeals has redelegated otherwise noted. his authority, as designee of the See- 1 retary,for making heirship determina- 3E 4.350 Aut&Wtiy and seems• tions as provided for in these regula- (a)'The rules and procedures set forth tions. in 114.350 through 4.357 apply only to (7)The term appellant°Means a party the determination .through intestate aggrieved by a final order or final order succession of the heirs of persona who upon reconsideration issued by an ad- dled entitled to receive compensation nsinistrative judge who files an dppea.I ander the White Earth Reservation with the Board. Land Settlement Act of 1985, Public LM PR 61M,Dec.S.1991,bR IFR Bsrea Dec.1f, Publicc La Late Law I64 stat.04-153 (101Stat. 888) and 1y, amended by 2891.as umeuded at d4 FR 13383,Mar.Is.1899] Public Law 100-212(101 Stat.1433). 44,33E Ck mrsencement of the deter (b) Whenever requested to do so by mination process. the Project Director,an administrative (a)Unless an heirship determination Judge shall determine such heirs by sap- (a) is Unless recognized b plyitsg inheritance laws w In accordance which Act orn with the White Earth Reservation last- , the Project set Dir Acta,c tlement Act of 1585 as amended, not- Mence the determination of the heirs withstanding the decedent may have of those persona who died entitled to died testate, 1 receive compensation by filing with (4) As used herein, the following the administrative Judge all data,Men- terms shall have the following mean- tifying the purpose for Which they are lags: being submitted, shown In the records (1) The term Ace means the White relative to the family of the decedent. Ruth Reservation i Land Settlement (b)The data shalt include but are not Act of 1985 04 amended. limited to: # 105