[Federal Register Volume 64, Number 52 (Thursday, March 18, 1999)]
[Rules and Regulations]
[Pages 13362-13363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6545]
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DEPARTMENT OF THE INTERIOR
Office of Hearings and Appeals
43 CFR Part 4
RIN 1090-AA69
Rules Applicable in Indian Affairs Hearings and Appeals
AGENCY: Office of Hearings and Appeals (OHA), Interior.
ACTION: Final rule.
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SUMMARY: OHA is amending its regulations on the authority of
administrative judges to make heirship determinations in accordance
with the White Earth Reservation Land Settlement Act of 1985, as
amended (WELSA). This action will amend the definitions of the terms
``Project Director'' and ``administrative judge'' and correct the
address provided for the ``Minnesota Agency, Bureau of Indian Affairs''
in the existing regulations. The amendment to the definition of
``administrative judge'' will allow the Director of OHA to redelegate
his authority, as designee of the Secretary, for making heirship
determinations as otherwise provided for in these regulations, to other
appropriate Agency officials in accordance with the WELSA. Amending the
definition of the term administrative judge will increase efficiency
and allow the Director of OHA to ensure timely and prompt
determinations under the WELSA.
The amendment to the definition of ``Project Director'' and the
correction of the address shown for the ``Minnesota Agency, Bureau of
Indian Affairs,'' will clarify the existing regulations to accurately
reflect the current practice and organization of the BIA.
DATES: Final rule effective on March 18, 1999.
ADDRESSES: Director, Office of Hearings and Appeals, U.S. Department of
the Interior, 4015 Wilson Boulevard, 11th Floor, Arlington, Virginia
22203.
FOR FURTHER INFORMATION CONTACT: Charles E. Breece, Deputy Director,
Office of Hearings and Appeals, U.S. Department of the Interior, 4015
Wilson Boulevard, Arlington, VA 22203. Telephone: (703) 235-3810.
SUPPLEMENTARY INFORMATION:
Background
The Department of the Interior is amending the regulations found at
43 CFR 4.350-4.357, setting forth the rules and procedures applicable
to determinations of the heirs of persons who died entitled to
compensation under the White Earth Reservation Land Settlement Act of
1985 as amended (WELSA) (Pub. L. 99-264, 100 Stat. 61). The regulations
now provide that the heirship determinations shall be made by an
administrative judge of the OHA to whom the Director of the OHA has
redelegated his authority, as designee of the Secretary. In the
interest of promoting administrative efficiency, OHA is amending the
regulations to allow the Director greater flexibility to redelegate his
authority to any OHA official deemed qualified to perform this function
consistent with the WELSA. The definition of the term ``administrative
judge'' is accordingly amended to include administrative judges,
administrative law judges, attorney-advisors, and other appropriate
officials in OHA deemed qualified by the Director of the OHA.
In addition, the definition of the term ``Project Director'' is
amended to accurately reflect BIA practice. Whereas previously the term
was defined as ``the officer in charge of the White Earth Land
Settlement Branch of the Minneapolis Area Office,'' it is amended to
specifically include the ``Superintendent of the Minnesota Agency,
Bureau of Indian Affairs, or other Bureau of Indian Affairs official
with delegated authority from the Minneapolis Area Director to serve as
the federal officer in charge of the White Earth Reservation Land
Settlement Project.'' Finally, the list of sites is amended to show the
correct address for the Minnesota Agency.
Determination To Issue as a Final Rule
OHA has determined that this amendment is exempt from prior notice
and other public procedures pursuant to 5 U.S.C. 553(b)(A) as this is a
matter of internal agency management, concerning rules of agency
organization, procedure and practice. By this action, the Department is
only clarifying who can make heirship determinations and who can act as
the Project Director for the BIA. The public is advised of the manner
in which the Department proposes to assign cases for future
determinations. This amendment does not make any substantive changes to
the rules issued to implement the WELSA and therefore, will have no
substantive impact on heirship determinations. Accordingly, OHA has not
published a notice of proposed rulemaking on the discretionary decision
of the Director to delegate his authority to make WELSA heirship
determinations to other Agency officials.
Determination To Make Rule Effective Immediately
Because these amendments do not impact the substance of these
regulations or heirship determinations under the WELSA, and in the
interest of avoiding delays in the processing of the cases at issue,
OHA has determined it appropriate to waive the requirement of
publication thirty days in advance of the effective date found at 5
U.S.C. 553(d). Accordingly, this amendment is issued as a final rule
effective on the date of publication in the Federal Register for good
cause shown under 5 U.S.C. 553(d)(3).
Executive Order 12866
This rule is not a significant rule as defined in Executive Order
12866, and therefore, is not subject to review by the Office of
Management and Budget (OMB).
Regulatory Flexibility Act
This rule does not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act because the rule relates to agency procedure. 5 U.S.C. 601, et seq.
Paperwork Reduction Act
This rule contains no information collection or recordkeeping
requirements subject to approval by the OMB under 44 U.S.C. 3501, et
seq.
Unfunded Mandates Reform Act of 1995
This rule will not impose an unfunded mandate of $100 million or
more in any given year on local, tribal, and State governments in the
aggregate, or on the private sector in accordance with the Unfunded
Mandates Reform Act. 2 U.S.C. 1501, et seq.
Drafting Information: The primary author of this rule is Charles E.
Breece, Deputy Director, Office of Hearings and Appeals, U.S.
Department of the Interior.
List of Subjects in 43 CFR Part 4
Administrative practice and procedure.
For the reasons set forth in the preamble, the Department amends
subpart D, part 4 of title 43 of the Code of Federal Regulations as
follows:
[[Page 13363]]
1. The authority citation for part 4 continues to read as follows:
Authority: R.S. 2478, as amended, 43 U.S.C. sec. 1201, unless
otherwise noted.
2. Section 4.350 is amended by revising paragraphs (b), (c)(3) and
(c)(6) to read as follows:
Sec. 4.350 Authority and scope.
* * * * *
(b) Whenever requested to do so by the Project Director, an
administrative judge shall determine such heirs by applying inheritance
laws in accordance with the White Earth Reservation Settlement Act of
1985 as amended, notwithstanding the decedent may have died testate.
(c) * * *
The term Project Director means the Superintendent of the Minnesota
Agency, Bureau of Indian Affairs, or other Bureau of Indian Affairs
official with delegated authority from the Minneapolis Area Director to
serve as the federal officer in charge of the White Earth Reservation
Land Settlement Project.
* * * * *
(6) The term adminstrative judge means an administrative judge or
an administrative law judge, attorney-advisor, or other appropriate
official of the Office of Hearings and Appeals to whom the Director of
the Office of Hearings and Appeals has redelegated his authority, as
designee of the Secretary, for making heirship determinations as
provided for in these regulations.
* * * * *
3. Section 4.352 is amended by revising the address provided for
the ``Minnesota Agency, Bureau of Indian Affairs'' in paragraph (b)(2)
to read as follows:
Sec. 4.352 Determination of administrative judge and notice thereof.
* * * * *
(b) * * *
(2) * * * Minnesota Agency, Bureau of Indian Affairs, Room 418,
Federal Building, 522 Minnesota Avenue, NW, Bemidji, Minnesota 56601-
3062.
* * * * *
Dated: February 19, 1999.
John Berry,
Assistant Secretary--Policy, Management and Budget.
[FR Doc. 99-6545 Filed 3-17-99; 8:45 am]
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