[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Proposed Rules]
[Pages 34399-34400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16041]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 45

RIN 1076-AD16


Special Education

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs is proposing the elimination of 
regulations governing special education to streamline the regulatory 
process and enhance the planning and coordination of existing 
regulations.

DATES: Comments must be received on or before September 3, 1996.

ADDRESSES: Mail comments to Ken Whitehorn, Office of Indian Education 
Programs, Bureau of Indian Affairs, Department of the Interior, 1849 C 
Street, NW., MS-MIB 3512, Washington, DC 20240. Comments may be hand 
delivered to the same address from 9:00 a.m. to 4:00 p.m. Comments will 
be available for inspection at this address from 9:00 a.m. to 4:00 
p.m., Monday through Friday beginning approximately July 16, 1996.

FOR FURTHER INFORMATION CONTACT: Ken Whitehorn, Office of Indian 
Education Programs, Bureau of Indian Affairs, (202) 208-6675.

SUPPLEMENTARY INFORMATION:

Background

    The Office of Indian Education programs is proposing to eliminate 
25 CFR Part 45, Special Education, because the information contained in 
this part is already included in Chapter III of 34 CFR, Parts 300-399, 
Office of Special Education and Rehabilitative Services, Department of 
Education. The Office of Indian Education programs has entered into an 
agreement with the Department of Education to use 34 CFR Parts 300-399, 
as the standards for its special education programs.

Supplementary Information

    The authority to issue rules and regulations is vested in the 
Secretary of the Interior by 5 U.S.C. 301 and sections 463 and 465 of 
the Revised Statutes, 25 U.S.C. 2 and 9.
    Publication of the proposed rule by the Department of the Interior 
(Department) provides the public an opportunity to participate in the 
rulemaking process. Interested persons may submit written comments 
regarding the proposed rule to the location identified in the 
``addresses'' section of this document.

Executive Order 12988

    The Department has determined that this rule meets the applicable 
standards provided in sections 3(a) and 3(b)(2) of Executive Order 
12988.

Executive Order 12866

    This rule is not a significant regulatory action under Executive 
Order 12866 and does not require review by the Office of Management and 
Budget.

Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).

Executive Order 12630

    The Department has determined that this rule does not have 
``significant takings'' implications. This rule does not pertain to 
``taking'' of private property interests, nor does it impact private 
property.

Executive Order 12612

    The Department has determined that this rule does not have 
significant federalism effects because it pertains solely to Federal-
tribal relations and will not interfere with the roles, rights and 
responsibilities of states.

NEPA Statement

    The Department has determined that this rule does not constitute a 
major Federal action significantly affecting the quality of the human 
environment and that no detailed statement is required pursuant to the 
National Environmental Policy Act of 1969.

Unfunded Mandates Act of 1995

    This rule imposes no unfunded mandates on any governmental or 
private entity and is in compliance with the provisions of the Unfunded 
Mandates Act of 1995.

Paperwork Reduction Act of 1995

    This rule contains no information collection requirement the 
elimination of which would require notification to the Office of 
Management and Budget.

Drafting Information

    The primary author of this document is Glenn Allison, Office of 
Indian Education Programs, Bureau of Indian Affairs.

List of Subjects in 25 CFR Part 45

    Indians--education.
    Under the authority of Executive Order 12866 and for the reasons 
stated above, Part 45 is proposed to be removed.


[[Page 34400]]


    Dated: June 6, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-16041 Filed 7-1-96; 8:45 am]
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