[Federal Register Volume 65, Number 192 (Tuesday, October 3, 2000)]
[Rules and Regulations]
[Pages 58918-58919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25292]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 36


Contracts Under the Indian Self-Determination Act; Removal of 
Regulations

AGENCY: Indian Health Service, HHS.

ACTION: Final rule.

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SUMMARY: The Indian Health Service (IHS) is eliminating regulations on 
contracts under the Indian Self-Determination Act as mandated by 
Executive Order 12866 to streamline the regulatory process and enhance 
the planning and coordination of new and existing regulations.

EFFECTIVE DATE:  October 3, 2000.

FOR FURTHER INFORMATION CONTACT: Leslie M. Morris, Director, Division 
of Regulatory and Legal Affairs, Indian Health Service, Suite 450, 
12300 Twinbrook Parkway, Rockville, MD 20852; telephone (301) 443-1116. 
(This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: On June 24, 1996, The Department of Health 
and Human Services (HHS) and the Department of the Interior (DOI) 
issued joint regulations authorized by section 107 of the Indian Self-
Determination and Education Assistance Act (ISDA), Public Law 93-638, 
as amended, 25 U.S.C. 450k. These joint regulations, published in the 
Federal Register on June 24, 1996, and codified at 25 CFR part 900, 
replaced Department regulations codified at 42 CFR part 36, subpart I, 
``Contracts under the ISDA''; 48 CFR section 352.280-4, ``Contracts 
awarded under the ISDA''; 48 CFR section 352.380-4, ``Contracts awarded 
under the ISDA''; and 48 CFR subpart 380.4, ``Contracts awarded under 
the ISDA''; because they are no longer necessary for the Administration 
of the IHS Program.
    Section 107(b) of the ISDA provides in pertinent part that ``the 
secretary is authorized to repeal any regulation inconsistent with the 
provisions of this act.'' The HHS has proposed at 64 FR 1344 to revise 
48 CFR, Chapter 3, to streamline and simplify its acquisition 
regulations (HHSRA) in accordance with the directions of the National 
Performance Review. In so doing, the sections of 48 CFR liminated by 
the joint rule (25 CFR part 900) issued by the HHS and the DOI would be 
removed. Therefore, the IHS proposed at 65 FR 4797 the elimination of 
only Subpart I of 42 CFR part 36. No comments were received in response 
to the proposed rule. The proposed rule is converted to a final rule 
without change.

[[Page 58919]]

Executive Order 12866

    This rule is not a significant regulatory action under Executive 
Order 12866 and has not been reviewed by the Office of Management and 
Budget. It removes obsolete regulations.

Regulatory Flexibility Act

    The HHS certifies that this document will not have a significant 
economic effect on a substantial number of small entities under the 
Regulatory Flexibility Act since it only removes obsolete regulations.

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.

Paperwork Reduction Act of 1995

    This regulation contains no information collection requirement that 
would require notification of the Office of Management and Budget.
    The authority to eliminate these regulations is 42 U.S.C. 2003 and 
25 U.S.C. 13.

List of Subjects in 42 CFR Part 36

    American Indians, Alaska Natives, Government health care, Indians--
business and finance, property.

    Dated: September 12, 2000.
Michel E. Lincoln,
Deputy Director, Indian Health Service.
    Approved: September 26, 2000.
Donna E. Shalala,
Secretary of Health and Human Services.


    For the reasons set out in the preamble, and under the authority of 
42 U.S.C. 2003 and 25 U.S.C. 13, subpart I of 42 CFR part 36 is removed 
and reserved.

[FR Doc. 00-25292 Filed 10-2-00; 8:45 am]
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