[Federal Register Volume 64, Number 55 (Tuesday, March 23, 1999)]
[Rules and Regulations]
[Pages 13894-13897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6695]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Parts 31, 39, 111, 112, 115, 140, 151, 152, 160, 162, 226, 
256, 273, 275 and 276

RIN 1076-AD88


Correction of Codification Errors in 25 CFR

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Technical correction.

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SUMMARY: The Bureau of Indian Affairs is publishing this rule at the 
request of the Office of the Federal Register to correct several 
technical errors at various locations in 25 CFR. The errors include 
incorrect cross references and incorrect paragraph designations. None 
of the corrections will affect the substance of any provision in 25 
CFR.

EFFECTIVE DATE: This rule is effective on March 23, 1999.

ADDRESSES: Mail comments to Laura Cloud, Bureau of Indian Affairs, 1849 
C Street NW, MS 4657-MIB, Washington, D.C. 20240. Comments may be hand 
delivered to the same address from 9:00 a.m. to 4:00 p.m. Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: John Strylowski, Office of Regulatory 
Affairs, at 202-208-3071 or e-mail [email protected].

SUPPLEMENTARY INFORMATION: The Office of the Federal Register has asked 
the Department of the Interior to correct technical errors at various 
locations in 25 CFR. These errors are of three kinds. First, there are 
errors in designating paragraphs (for example, a section may have more 
than one paragraph designated as ``(g)''). Second, there are erroneous 
cross references. For example, there are currently several citations in 
25 CFR to parts 174 and 261, both of which have been removed from 25 
CFR. Finally, two previous corrections to part 226 were incorrectly 
worded, resulting in changes not being made. The affected sections are 
Secs. 226.21(f) and 226.25(b). BIA published corrections to these 
sections in a final rule on August 14, 1990, at 55 FR 33112. The Office 
of the Federal Register has inserted editorial notes into 25 CFR to 
explain the corrections that BIA requested and the reasons that they 
could not be made. The document we are publishing today will ensure 
that the corrections are made properly so that the Office of the 
Federal Register can remove the editorial notes.
    In order to make some of the changes, we have had to rewrite small 
portions of the text. An example of this is the definition of the term 
``standard housing'' in Sec. 256.2. The rewrite was necessary in this 
case because in order to change the designations within the definition 
we had to change the original wording. We have carefully reworded each 
rewrite to preserve the original meaning.
    Because these changes are technical and do not affect the substance 
of 25 CFR, we are publishing this rule as a final rule with no 
opportunity for public comment. We are doing this in accordance with 
the provisions of 5 U.S.C. 553(b)(3)(B), which provides that an agency 
need not publish a proposed rule if it finds that doing so would be 
``impracticable, unnecessary, and contrary to the public interest.'' 
Since delaying the effective date of these corrections through use of 
the normal rulemaking process would be contrary to the public interest, 
we are publishing these changes as a final rule.

Regulatory Planning and Review (E.O. 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    (4) This rule does not raise novel legal or policy issues.

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.). 
Because it makes technical changes that do not affect the substance of 
the rules there is no economic effect at all, other than to improve the 
utility of the rules for users.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does 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. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This 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 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 
(1 U.S.C. 1531, et seq.) is not required.

Takings (E.O. 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications.

Federalism (E.O. 12612)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications.

Civil Justice Reform (E.O. 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

[[Page 13895]]

Paperwork Reduction Act

    This regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act is 
not required. An OMB form 83-I is not required.

National Environmental Policy Act

    This 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 is not required.

List of Subjects

25 CFR Parts 31, 39, 273, 275, and 276

    Indians, Indians--education.

25 CFR Parts 111, 112, and 115

    Indians, Indians--claims.

25 CFR Part 140

    Indians, Indians--business and finance.

25 CFR Parts 151, 152, 162, and 226

    Indians, Indians--lands.

25 CFR Part 160

    Indians, Indians--law.

25 CFR Part 256

    Indians, Housing, Home improvement, Low and moderate income 
housing.

    Dated: March 9, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.

    For the reasons set out in the preamble, 25 CFR parts 31, 39, 111, 
112, 115, 140, 151, 152, 160, 162, 226, 256, 273, 275 and 276 are 
amended as follows:

PART 31--FEDERAL SCHOOLS FOR INDIANS

    1. The authority for part 31 continues to read as follows:

    Authority: Sec. 1, 41 Stat. 410; 25 U.S.C. 282, unless otherwise 
noted.


Sec. 31.4  [Amended]

    2. In the cross references at the end of Sec. 31.4, ``Secs. 11.65 
and 11.66'' is revised to read ``Sec. 11.424.''

PART 39--THE INDIAN SCHOOL EQUALIZATION PROGRAM

    3. The authority for part 39 continues to read as follows:

    Authority: 25 U.S.C. 13; 25 U.S.C. 2008.


Sec. 39.22  [Amended]

    4. In Sec. 39.22(b), the words ``part 271'' are revised to read 
``part 900.''


Sec. 39.31  [Amended]

    5. In Sec. 39.31(b), the words ``part 271'' are revised to read 
``part 900'' both places they appear.


Sec. 39.53  [Amended]

    6. In Sec. 39.53(b), the words ``part 271'' are revised to read 
``part 900.''


Sec. 39.54  [Amended]

    7. In Sec. 39.54(b), the words ``part 271'' are revised to read 
``part 900.''

PART 111--ANNUITY AND OTHER PER CAPITA PAYMENTS

    8. The authority for part 111 continues to read as follows:

    Authority: 5 U.S.C. 301.


Sec. 111.1  [Amended]

    9. In the cross references at the end of Sec. 111.1, ``Secs. 11.30 
through 11.32(c)'' is revised to read ``subpart G of part 11.''

PART 112--REGULATIONS FOR PRO RATA SHARES OF TRIBAL FUNDS

    10. The authority for part 112 continues to read as follows:

    Authority: Sec. 2, 34 Stat. 1221, as amended; 25 U.S.C. 121.
    11. In the cross references following the table of contents to part 
112, ``Secs. 11.30 through 11.32'' is revised to read ``subpart G of 
part 11.''

PART 115--INDIVIDUAL INDIAN MONEY ACCOUNTS

    12. The authority for part 115 continues to read as follows:

    Authority: R.S. 441, as amended, R.S. 463, R.S. 465; 5 U.S.C. 
301; 25 U.S.C. 2, 9; 43 U.S.C. 1457.


Sec. 115.9  [Amended]

    13. In the cross references at the end of Sec. 115.9, 
``Secs. 11.26'' is revised to read ``Sec. 11.208.''

PART 140--LICENSED INDIAN TRADERS

    14. The authority for part 140 continues to read as follows:

    Authority: Sec. 5, 19 Stat. 200, Sec. 1, 31 Stat. 1066 as 
amended; 25 U.S.C. 261, 262; 94 Stat. 544, 18 U.S.C. 437; 25 U.S.C. 
2 and 9, and 5 U.S.C. 301, unless otherwise noted.

    15. The cross reference following Sec. 140.25 is revised to read as 
follows:


Sec. 140.25  Trade in antiquities prohibited.

* * * * *
    CROSS REFERENCES: For regulations pertaining to archaeological 
resources, see part 262 of this chapter. For regulations of the Bureau 
of Land Management regarding antiquities, see 43 CFR part 3.

PART 151--LAND ACQUISITIONS

    16. The authority for part 151 continues to read as follows:

    Authority: R.S. 161: 5 U.S.C. 301. Interpret or apply 46 Stat. 
1106, as amended; 46 Stat. 1471, as amended; 48 Stat. 985, as 
amended; 49 Stat. 1967 as amended, 53 Stat. 1129; 63 Stat. 605; 69 
Stat. 392, as amended; 70 Stat. 290, as amended; 70 Stat. 626; 75 
Stat. 505; 77 Stat. 349; 78 Stat. 389; 78 Stat. 747; 82 Stat. 174, 
as amended, 82 Stat. 884; 84 Stat. 120; 84 Stat. 1874; 86 Stat. 216; 
86 Stat. 530; 86 Stat. 744; 88 Stat. 78; 88 Stat. 81; 88 Stat. 1716; 
88 Stat. 2203; 88 Stat. 2207; 25 U.S.C. 2, 9, 409a, 450h, 451, 464, 
465, 487, 488, 489, 501, 502, 573, 574, 576, 608, 608a, 610, 610a, 
622, 624, 640d-10, 1466, 1495, and other authorizing acts.


Sec. 151  [Amended]

    17. In the cross references following the table of contents for 
part 151, the words ``part 272'' are revised to read ``part 900.''


Sec. 151.15  [Amended]

    18. In Sec. 151.15(a) ``Sec. 151.11(2)(c)'' is revised to read 
``Sec. 151.11(c).''

PART 152--ISSUANCE OF PATENTS IN FEE, CERTIFICATES OF COMPETENCY, 
REMOVAL OF RESTRICTIONS, AND SALE OF CERTAIN INDIAN LANDS

    19. The authority for part 152 continues to read as follows:

    Authority: R.S. 161: 5 U.S.C. 301. Interpret or apply Sec. 7, 32 
Stat. 275, 34 Stat. 1018, Sec. 1, 35 Stat. 444, Sec. 1 and 2, 36 
Stat. 855, as amended, 856, as amended, Sec. 17, 39 Stat. 127, 40 
Stat. 579, 62 Stat. 236, Sec. 2, 40 stat. 606, 68 Stat. 358, 69 
Stat. 666: 25 U.S.C. 378, 379, 405, 404, 372, 373, 483, 355, unless 
otherwise noted.


Sec. 152  [Amended]

    20. In the cross references following the table of contents for 
part 152, ``Secs. 11.30 through 11.32C'' is revised to read ``subpart G 
of part 11.''

PART 160--INCLUSION OF LIENS IN ALL PATENTS AND INSTRUMENTS 
EXECUTED

    21. The authority for part 160 continues to read as follows:

    Authority: Secs. 1, 3, 36 Stat. 270, 272, as amended; 25 U.S.C. 
385.


Sec. 160.1  [Amended]

    22. In the cross references at the end of Sec. 160.1, ``parts 174, 
134, and 137'' is revised to read ``parts 134 and 137.''

[[Page 13896]]

PART 162--LEASING AND PERMITTING

    23. The authority for part 162 continues to read as follows:

    Authority: 5 U.S.C. 301, R.S. 463 and 465; 25 U.S.C. 2 and 9. 
Interpret or apply Sec. 3, 26 Stat. 795, Sec. 1, 28 Stat. 305, secs. 
1, 2, 31 Stat. 229, 246, secs. 7, 12, 34 Stat. 545, 34 Stat. 1015, 
1034, 35 Stat. 70, 95, 97, Sec. 4, 36 Stat. 856, Sec. 1, 39 Stat. 
128, 41 Stat. 415, as amended, 751, 1232, Sec. 17, 43 Stat. 636, 
641, 44 Stat. 658, as amended, 894, 1365, as amended, 47 Stat. 1417, 
Sec. 17, 48 Stat. 984, 988, 49 Stat. 115, 1135, Sec. 55, 49 Stat. 
781, Sec. 3, 49 Stat. 1967, 54 Stat. 745, 1057, 60 Stat. 308, secs. 
1, 2, 6, 64 Stat. 470, 69 Stat. 539, 540, 72 Stat. 968; 25 U.S.C. 
380, 393, 393a, 394, 395, 397, 402, 402a, 403, 403a, 403b, 403c, 
413, 415, 415a, 415b, 415c, 415d, 477, 635.


Sec. 162.13  [Amended]

    24. In Sec. 162.13(a), ``Except as provided in part 174 of this 
chapter, any lease covering'' is revised to read ``Any lease 
covering.''

PART 226--LEASING OF OSAGE RESERVATION LANDS FOR OIL AND GAS MINING

    25. The authority for part 226 continues to read as follows:

    Authority: Sec. 3, 34 Stat. 543; secs. 1, 2, 45 Stat. 1478; sec. 
2(a), 92 Stat. 1660.


Sec. 226.21  [Amended]

    26. In Sec. 226.21, the second sentence of paragraph (f) is revised 
to read as follows:


Sec. 226.21  Procedure for settlement of damages claimed.

* * * * *
    (f) * * * The decision shall be in writing and shall be served 
forthwith upon the parties in interest.* * *
* * * * *


Sec. 226.25  [Amended]

    27. In Sec. 226.25, paragraph (b) is revised to read as follows:


Sec. 226.25  Gas well drilled by oil lessees and vice versa.

* * * * *
    (b) Oil well to be turned over to oil lessee. If the gas lessee 
drills an oil well, he/she must immediately, without removing from the 
well any of the casing or other equipment, notify the oil lessee and 
the superintendent.
    (1) If the oil lessee does not, within 45 days after receipt of 
notice and cost of drilling, elect to take over the well, he/she must 
immediately notify the gas lessee. From that point, the superintendent 
must approve the disposition of the well, and any gas produced from it.
    (2) If the oil lessee chooses to take over the well, he/she must 
pay to the gas lessee:
    (i) The cost of drilling the well, including all damages paid; and
    (ii) The cost in place of casing and other equipment.
    (3) If the oil lessee and the gas lessee cannot agree on the cost 
of the well, the superintendent will apportion the cost between the oil 
and gas lessees. If the lessees do not accept the apportionment, the 
oil or gas lessee who drilled the well must plug the well.
* * * * *

PART 256--HOUSING IMPROVEMENT PROGRAM

    28. The authority for part 256 continues to read as follows:

    Authority: 42 Stat. 208. (25 U.S.C. 13).


Sec. 256.2  [Amended]

    29. In Sec. 256.2, the definition of ``Service housing office is 
removed,'' the definition of ``Servicing housing office'' is added, and 
the definition of ``Standard Housing'' is revised to read as follows:


Sec. 256.2  Definitions.

* * * * *
    Servicing housing office means the tribal housing office or bureau 
housing assistance office administering the Housing Improvement Program 
in the service area in which the applicant resides.
    Standard Housing means a dwelling that is decent, safe, and 
sanitary.
    (1) Except as provided in paragraph (2) of this definition, 
standard housing must meet each of the following conditions:
    (i) General construction must conform to applicable tribal, county, 
State, or national codes and to appropriate building standards for the 
region;
    (ii) The heating system must have the capacity to maintain a 
minimum temperature of 70 degrees in the dwelling during the coldest 
weather in the area;
    (iii) The heating system must be safe to operate and maintain and 
deliver a uniform heat distribution;
    (iv) The plumbing system must include a properly installed system 
of piping and fixtures;
    (v) The electrical system must include wiring and equipment 
properly installed to safely supply electrical energy for lighting and 
appliance operation;
    (vi) Occupants per dwelling must not exceed these limits:
    (A) Two bedroom dwelling: Up to four persons;
    (B) Three-bedroom dwelling: Up to seven persons;
    (C) Four-bedroom dwelling: Adequate for all but the very largest 
families;
    (vii) The first bedroom must have at least 120 sq. ft. of floor 
space and additional bedrooms have at least 100 sq. ft. of floor space 
each;
    (viii) The house site must provide economical access to utilities 
and must be easy to enter and leave; and
    (ix) Aesthetics and access to school bus routes must be considered.
    (2) The following exceptions apply to the standards in paragraph 
(1) of this definition:
    (i) If access to a particular utility is not available and there is 
no prospect of access becoming available, then the standard relating to 
that utility does not apply; and
    (ii) In regions of severe climate, the size of the house may be 
reduced to meet the region's applicable building standards.
* * * * *
    30. In Sec. 256.6, paragraph (e) is revised to read as follows:


Sec. 256.6  Am I eligible for the Housing Improvement Program?

* * * * *
    (e) You meet the ownership requirements for the assistance needed, 
as defined in Sec. 256.8, Sec. 256.9, or Sec. 256.10;
* * * * *

PART 273--EDUCATION CONTRACTS UNDER JOHNSON-O'MALLEY ACT

    31. The authority for part 273 continues to read as follows:

    Authority: Secs. 201-203, Pub. L. 93-638, 88 Stat. 2203, 2213-
2214 (25 U.S.C. 455-457), unless otherwise noted.


Sec. 273.1  [Amended]

    32. In Sec. 273.1(c), the words ``part 271'' are revised to read 
``part 900.''

PART 275--STAFFING

    33. The authority for part 275 continues to read as follows:

    Authority: Sec. 502, Pub. L. 91-648, 84 Stat. 1909, 1925 (42 
U.S.C. 4762); Sec. 105, Pub. L. 93-638, 88 Stat. 2203, 2208-2210 (25 
U.S.C. 450i); 26 U.S.C. 48.


Sec. 275.3  [Amended]

    34. In Sec. 275.3(b), the words ``part 271'' are revised to read 
``part 900.''

PART 276--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS

    35. The authority for part 276 continues to read as follows:


[[Page 13897]]


    Authority: 34 CFR 256; sec. 104, Pub. L. 93-638, 88 Stat. 2203, 
2207 (25 U.S.C. 450h).


Sec. 276.11  [Amended]

    36. In Sec. 276.11, in paragraphs (b) introductory text, (b)(1), 
and (c) introductory text, the words ``part 272'' are revised to read 
``part 900.''

[FR Doc. 99-6695 Filed 3-22-99; 8:45 am]
BILLING CODE 4310-02-P