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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations information to the Osage Minerals Council Election Board. The alternative to these amendments would deprive the Osage Nation of the information it needs to accurately identify Osage voters.
Amendments to this part focus on the BIAs procedures in compiling a complete annuitant list with addresses and headright interests to the Osage Minerals Council Election Board for purposes of identifying Osage voters.
This rule deletes most provisions of part 90 in their entirety because of the enactment of the Public Law 108431, 118 Stat. 2609, and subsequent adoption
of the Constitution of the Osage Nation.
Thus, the remaining purpose of this part is the authority for BIA to provide a list to the Osage Minerals Council Election Board of eligible headright interest owners in the manner requested by the Osage Nation. The Department may not generally release this information but this part provides authority for the release solely to the Osage Minerals Council Election Board for purposes of conducting elections for the Osage Minerals Council. The Privacy Act does not prohibit disclosure of the headright interests of eligible Osage voters for this
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purpose. The Department may provide the list of eligible headright interest owners as a routine use under the Privacy Act.
In response to the Constitution of the Osage Nation, the BIA significantly reduced its role in the elections of the Osage Nation as of June 2006. The only remaining portion in part 90 describes the current role of the BIA in the Osage Minerals Council election process.
The following distribution table indicates where each of the current regulatory sections in 25 CFR part 90 is located in the new 25 CFR part 90.

Current 25 CFR

New 25 CFR

Title
Description of change
N/A

90.100

90.1
90.2
90.21

N/A
N/A
N/A

What role does BIA play in the Osage Minerals Council elections?
General, Definitions
General, Statutory provisions
Eligibility, General

90.30

N/A

Consolidated current 90.21 and 90.35 into one new section.
Deleted.
Deleted.
Revised and incorporated into the new 90.100.
Deleted.

90.31
90.32
90.33
90.34
90.35

N/A
N/A
N/A
N/A
N/A

90.36
90.37
90.38
90.39

N/A
N/A
N/A
N/A

90.40
90.41
90.42
90.43
90.44
90.46

N/A
N/A
N/A
N/A
N/A
N/A

90.47
90.48
90.49

N/A
N/A
N/A

IV. Changes From Proposed Rule to Final Rule On December 4, 2020 85 FR 78300, the BIA published a proposed rule to update Federal regulations related specifically to the Osage Nation so that the regulations align with the Osage Nations new form of government and address outdated regulations. The proposed rule was developed through a consensus-oriented process conducted between the BIA and the Osage Nation.
During the public comment period on the proposed rule, the BIA received two comments: One from an individual in support of the rule, the other from the Osage Minerals Council expressing general support for the proposed rule but requesting a change in the nomenclature of the titles and entities that conduct the elections to reflect the sovereign authority of the Osage Nation
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Elections, Nominating conventions and petitions.
Elections, Applicability
Elections, Election Board
Elections, Watchers and challengers
None Apparently omitted.
Elections, List of voters
Elections, Elections, Elections, Elections, dence.
Elections, Elections, Elections, Elections, Elections, Elections, cers.
Elections, Elections, Elections,
Disputes on eligibility of voters
Election Notices
Opening and closing of poll
Voters to announce name and resi-

Revised and redesignated as 90.100 see first row.
Deleted.
Deleted.
Deleted.
Deleted.

Ballots
Absentee voting
Absentee ballots
Canvass of election returns
Statement of supervisor
Notification of election of tribal offi-

Deleted.
Deleted.
Deleted.
Deleted.
Deleted.
Deleted.

Contesting elections
Notice of Contest
Expenses of elections

Deleted.
Deleted.
Deleted.

and the Osage Minerals Council to change that nomenclature. Specifically, the Osage Minerals Council requested that supervisor of the Osage Minerals Council Election Board be changed to the Osage Minerals Councils designee charged with carrying out Osage Minerals Council elections. The final rule makes this change.
The Osage Nation also requested clarification that the list of names the Osage Agency Superintendent provides be based on the quarterly annuity roll at the Osage Agency as of the last quarterly payment of the last full quarter immediately preceding the date of the election. To clarify which quarterly annuity roll is intended as the basis for the list, the final rule specifies that it will be the March quarterly annuity payment. Elections are held in June so the voters list would reflect the March
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Deleted.
Deleted.
Deleted.

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annuity payment. This revision avoids the potential for misinterpretation of which quarters annuity roll is intended.
V. Procedural Requirements A. Regulatory Planning and Review E.O. 12866, 13563, and 13771
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 Nations 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
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