81 FR 65319 - Appraisals and Valuations of Indian Property

DEPARTMENT OF THE INTERIOR
Office of the Secretary

Federal Register Volume 81, Issue 184 (September 22, 2016)

Congress recently passed the Indian Trust Asset Reform Act (ITARA), which requires the Secretary of the Interior to establish and publish in the Federal Register minimum qualifications for individuals to prepare appraisals and valuations of Indian trust property. This proposed rule would establish the minimum qualifications and would also implement provisions of ITARA that require the Secretary to accept appraisals and valuations without additional review or approval under certain circumstances.

[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Proposed Rules]
[Pages 65319-65324]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22650]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 100

[167A2100DD/AAKC001030/A0A501010.999900]
RIN 1093-AA20


Appraisals and Valuations of Indian Property

AGENCY: Office of the Secretary, Interior.

ACTION: Proposed rule.

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SUMMARY: Congress recently passed the Indian Trust Asset Reform Act 
(ITARA), which requires the Secretary of the Interior to establish and 
publish in the Federal Register minimum qualifications for individuals 
to prepare appraisals and valuations of Indian trust property. This 
proposed rule would establish the minimum qualifications and would also 
implement provisions of ITARA that require the Secretary to accept 
appraisals and valuations without additional review or approval under 
certain circumstances.

DATES: Please submit written comments by November 21, 2016.

[[Page 65320]]


ADDRESSES: You may submit comments on the proposed rule by any of the 
following methods:

--Federal rulemaking portal: http://www.regulations.gov. The proposed 
rule is listed under the agency name ``Office of the Secretary'' and 
has been assigned Docket ID: DOI-2016-0005. If you would like to submit 
comments through the Federal e-Rulemaking Portal, go to 
www.regulations.gov and follow the instructions.
--Email: [email protected]. Include the number ``1093-AA20'' in 
the subject line of the message.
--Mail or hand-delivery: Ms. Elizabeth Appel, Office of Regulatory 
Affairs & Collaborative Action, U.S. Department of the Interior, 1849 C 
Street NW., MS 3642, Washington, DC 20240. Include the number ``1093-
AA20'' on the envelope. Please note, email or www.regulations.gov are 
the preferred methods for submitting comments; there is no need to 
submit a hard copy if you have submitted the comments through either of 
these electronic methods.

    Comments on the Paperwork Reduction Act information collections 
contained in this rule are separate from comments on the substance of 
the rule. Submit comments on the information collection requirements in 
this rule to the Desk Officer for the Department of the Interior by 
email at [email protected] or by facsimile at (202) 395-5806. 
Please also send a copy of your comments to [email protected].
    We cannot ensure that comments received after the close of the 
comment period (see DATES) will be included in the docket for this 
rulemaking and considered. Comments sent to an address other than those 
listed above will not be included in the docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Office of 
Regulatory Affairs and Collaborative Action--Indian Affairs at 
[email protected] or (202) 273-4680.

SUPPLEMENTARY INFORMATION: 

I. Background
II. Summary of Proposed Rule
III. Tribal Consultation
IV. Specific Questions on Which the Department Seeks Comment
V. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866)
    B. Regulatory Flexibility Act
    C. Small Business Regulatory Enforcement Fairness Act
    D. Unfunded Mandates Reform Act
    E. Takings (E.O. 12630)
    F. Federalism (E.O. 13132)
    G. Civil Justice Reform (E.O. 12988)
    H. Consultation With Indian Tribes (E.O. 13175)
    I. Paperwork Reduction Act
    J. National Environmental Policy Act
    K. Effects on the Energy Supply (E.O. 13211)
    L. Clarity of This Regulation
    M. Public Availability of Comments

I. Background

    On June 22, 2016, President Obama signed into law the Indian Trust 
Asset Reform Act, Public Law 114-178. Title III of this Act. In 
relevance to this rulemaking, the Act requires Interior to establish 
minimum qualifications for individuals to prepare appraisals and 
valuations of Indian trust property and allow an appraisal or valuation 
by a qualified person to be considered final without being reviewed or 
approved by Interior.
    This proposed rule would establish the minimum qualifications for 
individuals to prepare appraisals and valuations of Indian trust 
property and allow an appraisal or valuation by a qualified person to 
be considered final without being reviewed or approved by Interior.
    The Act also requires appraisals and valuations of Indian trust 
property to be administered by a single administrative entity within 
Interior. This rule is proposed under the Office of the Secretary for 
Department of the Interior, but may be finalized by another entity or 
agency within Interior depending on what single entity ultimately 
administers appraisals and valuations of Indian trust property.

II. Summary of Proposed Rule

    This rule would establish a new Code of Federal Regulations (CFR) 
part to establish the minimum qualifications for appraisers, employed 
by or under contract with an Indian tribe or individual Indian, to 
become qualified appraisers who may prepare an appraisal or valuation 
of Indian property that will, in certain circumstances, be accepted by 
the Department without further review or approval. We note that, 
because the Department is not reviewing and approving the appraisal or 
valuation, it is not liable for any deficiency or inaccuracy in the 
appraisal or valuation.
    Subpart A, General Provisions, would define terms used in the 
regulation, describe the purpose of the regulation, and provide the 
standard Paperwork Reduction Act compliance statement. The terms are 
defined to include, in the context of this regulation, any property 
that the U.S. Government holds in trust or restricted status for an 
Indian tribe or individual Indian, to include not just land, but also 
natural resources or other assets. Other important terms include 
``appraisal,'' ``valuation,'' and ``qualified appraiser.'' Consistent 
with the statutory direction, the purpose of the regulations is written 
broadly, to include appraisals or valuations of any Indian trust 
property, including:

     Appraisals and valuations of real property;
     Appraisals and valuations of timber, minerals, or other 
property to the extent they contribute to the value of the whole 
property (for use in appraisals and valuations of real property); 
and
     Appraisals and valuations of timber, minerals, or other 
property separate from appraisals and valuations of real property.

    Subpart B, Appraiser Qualifications, would establish the minimum 
qualifications an appraiser must meet to be considered a ``qualified 
appraiser'' and would establish that the Secretary must verify that the 
appraiser meets those minimum qualifications. The Department seeks 
comment as to whether these minimum qualifications are appropriate for 
both real property appraisals and valuations and for appraisals and 
valuations of timber, minerals, or other property separate from 
appraisals and valuations of real property.
    This subpart would require that the verification information be 
submitted contemporaneously with the appraisal or valuation so that the 
Secretary can verify that the appraiser is a qualified appraiser at 
that point in time. The Department seeks ideas for allowing for 
verification in a way that would not require submission with each 
appraisal, but would ensure there were no changes in the appraiser's 
qualifications (e.g., the appraiser no longer holds a current Certified 
General Appraiser license) at the time the appraisal is submitted.
    Subpart C, Appraisals and Valuations, would require the submission 
of appraisals and valuations to the Department for transactions 
requiring Secretarial approval under titles 25 and 43 of the Code of 
Federal Regulations (e.g., 25 CFR 162, Leases and Permits; 25 CFR 169, 
Rights-of-Way on Indian Land). This subpart also sets out the 
circumstances in which the Department will forego review and approval 
of the appraisal or valuation. The proposed rule would require 
submission of the appraisal or valuation to the Department regardless 
of whether the Department will be reviewing and approving the appraisal 
or valuation. This requirement is included because the Department must 
use the results of the appraisal or valuation in completing the 
transaction requiring Secretarial approval.
    The proposed rule would require the Department to forego review and

[[Page 65321]]

approval of the appraisal or valuation and consider the appraisal or 
valuation final if three conditions are met: (1) The appraisal or 
valuation was completed by a qualified appraiser; (2) the Indian tribe 
or individual Indian expressed their intent to waive Departmental 
review and approval; and (3) no owner of any interest in the Indian 
property objects to the use of the appraisal or valuation without 
Departmental review and approval. The first condition is clearly 
required by ITARA. The second condition is implied by ITARA. The number 
of individual Indian owners of fractionated tracts that must express 
their intent to waive Departmental review and approval, under the 
second condition, would depend upon the underlying title 43 or title 25 
requirements. For example, if the underlying transaction is a right-of-
way, then the owners of a majority of the interests in the tract must 
express their intent to waive Departmental review and approval, 
consistent with the general consent requirements in 25 CFR part 169. 
The third condition, that no Indian property owner objects, is 
necessary to address situations where one or more owners of the tract 
still want Departmental review and approval of the appraisal or 
valuation, consistent with our trust responsibility to all owners of 
the Indian trust property.
    This subpart proposes to exempt certain transactions, thereby 
requiring Departmental review of the appraisal or valuation. The 
exempted transactions include any legislation expressly requiring the 
Department to review and approve an appraisal or valuation, such as the 
Land Buy Back Program under Claims Resolution Act of 2010 (Pub. L. 111-
291), and purchase at probate under 43 CFR part 30, because the judge 
will not be in a position to verify an appraiser's qualifications.

III. Tribal Consultation

    The Department is hosting listening sessions and consultation 
sessions with Indian tribes and trust beneficiaries on each of the 
items in Title III of ITARA (see ``I. Background'' for the list of 
items) at the dates and locations announced in 81 FR 47176 (July 20, 
2016), as corrected by 81 FR 51210 (August 3, 2016). The Department 
will also consult on this proposed rule at those listening sessions and 
consultation sessions.

IV. Specific Questions on Which the Department Seeks Comment

    The Department seeks comment on any aspect of this rule that 
commenters wish to comment on, but also specifically poses the 
following questions for your consideration in commenting:
    1. Do any tribes grant Certified General Appraiser licenses similar 
to those granted by States? If so, are the prerequisite requirements of 
individuals receiving this license consistent with the requirements 
established by the Appraisal Qualifications Board for State 
certification?
    2. Are the minimum qualifications in this regulation appropriate 
for appraisals and valuations of timber, minerals, or other property 
separate from appraisals and valuations of real property? If not, what 
qualifications would be better suited to those appraisals and 
valuations?
    3. Is there a way to allow for the Department to verify an 
appraiser's qualifications, without requiring the qualifications to be 
submitted with each appraisal, that would ensure the appraiser is 
qualified at the time the appraisal is submitted (and that there have 
been no changes in the appraiser's qualifications)?

V. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) at the Office of Management 
and Budget (OMB) will review all significant rules. OIRA has determined 
that this rule is not significant.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to 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 rulemaking 
process must allow for public participation and an open exchange of 
ideas. We have developed this rule in a manner consistent with these 
requirements.

B. Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
It does not change current funding requirements and any economic 
effects on small entities (e.g., the cost to obtain an appraiser 
license) would be incurred as part of their normal cost of doing 
business.

C. Small Business Regulatory Enforcement Fairness Act

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This proposed rule:
    (a) Will not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of the 
U.S.-based enterprises to compete with foreign-based enterprises.

D. Unfunded Mandates Reform Act

    This proposed rule does not impose an unfunded mandate on State, 
local, or Tribal governments or the private sector of more than $100 
million per year. The proposed 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.

E. Takings (E.O. 12630)

    This proposed rule does not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630. A 
takings implication assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of Executive Order 13132, this 
proposed rule does not have sufficient federalism implications to 
warrant the preparation of a federalism summary impact statement. A 
federalism summary impact statement is not required.

G. Civil Justice Reform (E.O. 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

[[Page 65322]]

H. Consultation With Indian Tribes (E.O. 13175)

    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. We have evaluated this 
proposed rule under the Department's consultation policy and under the 
criteria in Executive Order 13175 and have identified substantial 
direct effects on federally recognized Indian tribes that will result 
from this rulemaking. Tribes may be substantially and directly affected 
by this rulemaking because it allows for the submission of appraisals 
for transactions involving Indian property without Departmental review 
and approval. As such, the Department is consulting with tribes on this 
proposed rule as part of the consultation sessions addressing ITARA.

I. Paperwork Reduction Act

    This proposed rule contains an information collection that requires 
approval by OMB. The Department is seeking approval of a new 
information collection and a revision to an existing regulation, as 
follows.
    OMB Control Number: 1076--NEW.
    Title: Appraisals & Valuations of Indian Property, 43 CFR 100.
    Brief Description of Collection: The Department is proposing to 
establish minimum qualifications for appraisers of Indian property that 
require the submission of the appraiser's qualifications to the 
Department for verification. Submission of the appraisal or valuation 
itself is already authorized by other OMB Control Numbers under the 
associated 43 CFR or 25 CFR part (for example, the submission of 
appraisals for leasing of Indian land is included in the lease 
information collection authorized by OMB Control Number 1076-0181).
    Type of Review: New collection.
    Respondents: Individuals and Private Sector.
    Obligation to Respond: To Obtain or Retain a Benefit
    Number of Respondents: 155.
    Number of Responses: 465.
    Frequency of Response: 3 per year, on average.
    Estimated Time per Response: One hour.
    Estimated Total Annual Hour Burden: 465 hours.
    Estimated Total Annual Non-Hour Cost Burden: $0.
    A Federal agency may not conduct or sponsor, and you are not 
required to respond to, a collection of information unless the form or 
regulation requesting the information displays a currently valid OMB 
Control Number.

J. National Environmental Policy Act

    This proposed rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the National Environmental Policy Act of 1969 
(NEPA) is not required because this is an administrative and procedural 
regulation. (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.

K. Effects on the Energy Supply (E.O. 13211)

    This proposed rule is not a significant energy action under the 
definition in Executive Order 13211. A Statement of Energy Effects is 
not required.

L. Clarity of This Regulation

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    a. Be logically organized;
    b. Use the active voice to address readers directly;
    c. Use clear language rather than jargon;
    d. Be divided into short sections and sentences; and
    e. Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you believe lists or tables would be 
useful, etc.

M. Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 43 CFR Part 100

    Indians, Indians--claims, Indians--lands, Mineral resources.


0
For the reasons given in the preamble, the Department of the Interior 
proposes to amend 43 CFR subtitle A, to add part 100 to read as 
follows:

Title 43--Public Lands; Interior

Subtitle A--Office of the Secretary of the Interior

Department of the Interior

PART 100--APPRAISALS AND VALUATIONS OF INDIAN PROPERTY

Subpart A--General Provisions

Sec.
100.100 What terms should I know for this part?
100.101 What is the purpose of this part?
100.102 Does this part apply to me?
100.103 How does the Paperwork Reduction Act affect this part?

Subpart B--Appraiser Qualifications

100.200 What are the minimum qualifications for qualified 
appraisers?
100.201 Does a qualified appraiser have authority to conduct 
appraisals or valuations of any type of Indian property?
100.202 Will the Secretary verify the appraiser's qualifications?
100.203 What must the tribe or individual Indian submit to the 
Secretary for verification of the appraiser's qualifications?
100.204 When must the tribe or individual Indian submit a package 
for Secretarial verification of appraiser qualifications?

Subpart C--Appraisals and Valuations

100.300 Must I submit an appraisal or valuation to the Department?
100.301 Will the Department review and approve by appraisal or 
valuation?
100.302 May I request Departmental review of an appraisal even if a 
qualified appraiser completed the appraisal or valuation?
100.303 What happens if the Indian tribe or individual Indian does 
not agree with the submitted appraisal or valuation?

    Authority: 5 U.S.C. 301; Pub. L. 114-178.

Subpart A--General Provisions


Sec.  100.100   What terms I should know for this part?

    Appraisal means a written statement independently and impartially 
prepared by a qualified appraiser setting forth an opinion of defined 
value of an adequately described property as of a specific date, 
supported by the presentation and analysis of relevant market 
information.

[[Page 65323]]

    Appraiser means one who is expected to perform an appraisal or 
valuation competently and in a manner that is independent, impartial, 
and objective.
    Indian means:
    (1) Any person who is a member of any Indian tribe, is eligible to 
become a member of any Indian tribe, or is an owner as of October 27, 
2004, of a trust or restricted interest in land;
    (2) Any person meeting the definition of Indian under the Indian 
Reorganization Act (25 U.S.C. 479) and the regulations promulgated 
thereunder; or
    (3) With respect to the inheritance and ownership of trust or 
restricted land in the State of California under 25 U.S.C. 2206, any 
person described in paragraph (1) or (2) of this definition or any 
person who owns a trust or restricted interest in a parcel of such land 
in that State.
    Indian property means trust property or restricted property.
    Indian tribe means an Indian tribe under section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
    Land Buy-Back Program for Tribal Nations means the program 
implementing the land consolidation provisions of the settlement 
agreement in Cobell v. Salazar, No. 1:96CV01285-JR (D.D.C.), as 
confirmed by Congress in the Claims Resolution Act of 2010 (Pub. L. 
111-291).
    Qualified appraiser means an appraiser that is authorized to 
prepare an appraisal or valuation of Indian property because he or she 
meets the minimum qualifications of this part.
    Qualifications statement means a written overview of an appraiser's 
education, professional history and job qualifications, providing an 
indication of an appraiser's competency to perform specific types of 
assignments. The qualifications may include information regarding 
education (degrees and educational institutions or programs); 
professional affiliations, designations, certifications, and licenses; 
work experience (including companies or organizations, the dates of 
employment, job titles and duties, and any service as an expert 
witness); awards and publications; types of properties appraised; types 
of appraisal and valuation assignments; and clients.
    Restricted property means lands, natural resources, or other assets 
owned by Indian tribes or individual Indians that can only be alienated 
or encumbered with the approval of the United States because of 
limitations contained in the conveyance instrument, or limitations in 
Federal law.
    Secretary means the Secretary of the Interior or an authorized 
representative.
    Trust property means lands, natural resources, or other assets held 
by the United States in trust for Indian tribes or individual Indians.
    Us/we/our means the single bureau, agency, or entity within the 
Department of the Interior that administers appraisals and valuations 
of Indian property.
    Valuation means all other valuation methods or a market analysis, 
such as a general description of market trends, values, or benchmarks, 
prepared by a qualified appraiser.


Sec.  100.101  What is the purpose of this part?

    This part describes the minimum qualifications for appraisers, 
employed by or under contract with an Indian tribe or individual 
Indian, to become qualified appraisers who may prepare an appraisal or 
valuation of Indian property that will be accepted by the Department 
without further review or approval.


Sec.  100.102   Does this part apply to me?

    This part applies to anyone preparing or relying upon an appraisal 
or valuation of Indian property.


Sec.  100.103  How does the Paperwork Reduction Act affect this part?

    The collections of information contained in this part have been 
approved by the Office of Management and Budget under 44 U.S.C. 3501 et 
seq. and assigned OMB Control Number 1076--NEW. Response is required to 
obtain a benefit.

Subpart B--Appraiser Qualifications


Sec.  100.200  What are the minimum qualifications for qualified 
appraisers?

    (a) An appraiser must meet the following minimum qualifications to 
be a qualified appraiser under this part:
    (1) The appraiser must hold a current Certified General Appraiser 
license in the State in which the property appraised or valued is 
located;
    (2) The appraiser must be in good standing with the appraiser 
regulatory agency of the State in which the property appraised or 
valued is located; and
    (3) The appraiser must comply with the Uniform Standards of 
Professional Appraisal Practice (USPAP) rules and provisions applicable 
to appraisers (including but not limited to Competency requirements 
applicable to the type of property being appraised or valued and Ethics 
requirements). This includes competency in timber and mineral 
valuations if applicable to the subject property.


Sec.  100.201  Does a qualified appraiser have the authority to conduct 
appraisals or valuations of any type of Indian property?

    All qualified appraisers of Indian property must meet the 
Competency requirements of USPAP for the type of property being 
appraised or valued. Competency can be demonstrated by previous 
completed assignments on the type of properties being appraised, 
additional education or training in specific property types, or 
membership and/or professional designation by a related professional 
appraisal association or group.


Sec.  100.202  Will the Secretary verify the appraiser's 
qualifications?

    The Secretary will verify the appraiser's qualifications to 
determine whether the appraiser meets the requirements of Sec.  
100.200.


Sec.  100.203  What must the tribe or individual Indian submit to the 
Secretary for a verification of the appraiser's qualifications?

    The tribe or individual Indian must submit the following with the 
appraisal or valuation:
    (a) A copy of the appraiser's current Certified General Appraiser 
license;
    (b) A copy of the appraiser's qualifications statement;
    (c) The appraiser's self-certification that the appraiser meets the 
criteria in Sec.  100.200; and
    (d) If the property contains natural resource elements that 
contribute to the value of the property, such as timber or minerals, a 
list of the appraiser's additional qualifications for the specific type 
of property being valued in the appraisal report.


Sec.  100.204   When must the tribe or individual Indian submit a 
package for Secretarial verification of appraiser qualifications?

    The tribe or individual Indian must submit the package of appraiser 
qualifications to the Secretary with the appraisal or valuation.

Subpart C--Appraisals and Valuations


Sec.  100.300  Must I submit an appraisal or valuation to the 
Department?

    Appraisals and valuations must be submitted to us for transactions 
requiring Secretarial approval under titles 25 and 43 of the CFR.


Sec.  100.301   Will the Department review and approve my appraisal or 
valuation?

    (a) The Department will not review the appraisal or valuation of 
Indian property and the appraisal or valuation will be considered final 
as long as:
    (1) The submission acknowledges the intent of the Indian tribe or 
individual

[[Page 65324]]

Indian to waive Departmental review and approval;
    (2) The appraisal or valuation was completed by a qualified 
appraiser meeting the requirements of this part; and
    (3) No owner of any interest in the Indian property objects to use 
of the appraisal or valuation without Departmental review and approval.
    (b) The Department must review and approve the appraisal or 
valuation if:
    (1) Any of the criteria in paragraph (a) of this section are not 
met; or
    (2) The appraisal or valuation was submitted for:
    (i) Purchase at probate under 43 CFR 30;
    (ii) The Land Buy-Back Program for Tribal Nations; or
    (iii) Specific legislation requiring the Department to review and 
approve an appraisal or valuation.


Sec.  100.302   May I request Departmental review of an appraisal even 
if a qualified appraiser completed the appraisal or valuation?

    If you do not specifically request waiver of Departmental review 
and approval under Sec.  100.300(a)(1), the Department will review the 
appraisal or valuation.


Sec.  100.303  What happens if the Indian tribe or individual Indian 
does not agree with the submitted appraisal or valuation?

    If the Indian tribe or individual Indian does not agree with the 
submitted appraisal or valuation, the Indian tribe or individual Indian 
may request that the Department perform an appraisal or valuation 
instead of relying on the submitted appraisal or valuation.

    Dated: September 7, 2016.
Michael L. Connor,
Deputy Secretary.
[FR Doc. 2016-22650 Filed 9-21-16; 8:45 am]
 BILLING CODE 4337-15-P