[Federal Register Volume 66, Number 51 (Thursday, March 15, 2001)]
[Rules and Regulations]
[Pages 15029-15031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6485]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 20

RIN 1076-AE11


Technical Amendments to Financial Assistance and Social Service 
Programs

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Interim Final Rule and request for comments.

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SUMMARY: The Bureau of Indian Affairs (BIA) is amending certain 
definitions and amending the qualifications for eligibility for Direct 
Assistance under the Financial Assistance and Social Services Program 
regulations published on October 20, 2000. The amended definitions 
govern who is eligible for services as well as where service will be 
provided under the existing Financial Assistance and Social Services 
Programs. This new rule is intended to clarify who is eligible for 
service in Alaska and to define the service area for the State of 
Alaska.

EFFECTIVE DATE: March 15, 2001. The BIA must receive comments on or 
before April 16, 2001.

ADDRESSES: Submit written comments to Larry Blair, Chief, Division of 
Social Services, Department of the Interior, Bureau of Indian Affairs, 
1849 C Street NW., MS-4660-MIB, Washington, DC, 20240.

FOR FURTHER INFORMATION CONTACT: Larry Blair, (202) 208-2479.

SUPPLEMENTARY INFORMATION: Under 25 U.S.C. 13, the Secretary of the 
Interior has the authority to establish regulations to implement 
financial assistance and social services programs for Indian people. 
Therefore, the BIA published proposed rules in the Federal Register on 
May 6, 1999 (64 FR 24296). The regulations had a public comment period 
and were finalized on October 20, 2000 (65 FR 63144). The BIA October 
20, 2000, final regulations at 25 CFR part 20 set forth, among other 
things, the criteria defining who is eligible for financial assistance 
and social services as well as defining the location of the service 
areas. After the regulations were finalized, the BIA was notified of an 
inconsistency between the preamble and the final definitions published 
in the October 20, 2000, final regulations. This inconsistency could 
support an unintended interpretation that the BIA was denying services 
to persons previously served under the former regulations. The change 
imposed by these rules will not have a negative impact on other tribes, 
as the 2001 budget request provided for services to Alaska Natives.

Determination To Issue a Final Rule

    The Department has determined that the public notice and comment 
provisions of the Administrative Procedure Act, 5 U.S.C. 553(b), do not 
apply because of the good cause exception under 5 U.S.C. 553(b)(3)(B), 
which allows the agency to suspend the notice and public procedure when 
the agency finds for good cause that those requirements are 
impractical, unnecessary and contrary to the public interest. This 
amendment is intended to clarify the eligibility requirement for 
financial assistance and social services and is further intended to 
clearly define the service area for the State of Alaska. Moreover, the 
effect of these amendments will assure the Alaska Natives that 
financial assistance and social services programs will continue without 
interruption.
    In addition, it is in the interest of Alaska Natives and the 
general public not to delay implementation of these changes for notice 
and comment, particularly when there is a strong interest to ensure 
continuity of services during the winter months and because no adverse 
comments are anticipated. However, the BIA invites and will consider 
public comments submitted in response to this final rule. If 
significant adverse comments are received, the BIA will consider the 
comments, and reserves the option of issuing further amendments.

Determination To Make Rule Effective Immediately

    Because the need to avoid delay in clarifying the scope of 
financial assistance and social services is at issue, the BIA has 
determined it appropriate to make the rule effective immediately by 
waiving the requirement of publication on 30 days advance of the 
effective date found at 5 U.S.C. 553(d). It is in the public interest 
and in the interest of the Alaska Natives not to delay implementation 
of these amendments. Accordingly, this amendment is issued as a final 
rule effective immediately.

Regulatory Planning and Review

    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. Tribes have been operating this financial assistance 
program for 30 years and the amount of funding is dependent upon the 
local economy in terms of unemployment and extent of need for funds. 
Approximately 400 tribes receive some form of financial assistance 
yearly and the amount of funds varies according to caseload increases 
and decreases. The Bureau's total expenditure for social service 
programs is $94 million.
    (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 of entitlements, 
grants, user fees, or loan programs or the rights

[[Page 15030]]

or obligations of their recipients. It establishes procedures for 
various social services programs, but does not alter the amounts that 
will be awarded.
    (4) This rule does not raise novel legal or policy issues.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) specifically 
excludes Indian tribes from its coverage.

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. The financial assistance funds available total $94 million and 
are divided up between 400 Indian communities based upon need.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions. This rule provides guidance for a 
welfare benefit program and will not affect payment levels of eligible 
clients nor cause increases or decreases in existing caseloads or total 
expenditures.
    (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. This 
program is a welfare benefit program and does not affect local 
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 Implications

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required. Implementation of this rule does not require the Federal 
Government to take any resources from the Native American tribes or 
individuals.

Federalism

    In accordance with Executive Order 13132 this rule does not have 
significant Federalism effects. Consultation was not conducted with 
state and local officials because the rule does not affect state and 
local entities but does affect tribal communities. Consultation was 
conducted with tribal officials at three separate locations and their 
recommendations were considered in the preparation of the final rule.

Civil Justice Reform

    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.

Paperwork Reduction Act

    This regulation requires an information collection from 10 or more 
parties and a submission under the Paperwork Reduction Act is required. 
An Office of Management and Budget (OMB) Form 83-I and an information 
collection packet were reviewed by the Department and were sent to OMB 
for approval. Subsequently, OMB approved the submission and assigned 
OMB Control number 1076-0017.
    The Bureau has reviewed the information needed and reduced the 
amount of information being collected. The information collection takes 
15 minutes for 200,000 respondents for a burden of 50,000 hours. The 
information collection is used to make decisions within the framework 
of the financial assistance program, such as determining eligibility, 
ensuring uniformity of services, and maintaining current records for 
audit purposes. The information collection is required to obtain or 
retain a benefit. Information covered by the Privacy Act will be kept 
confidential as required by regulation. Please note that an agency may 
not collect or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.

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 in 25 CFR Part 20

    Administrative practice and procedures, Child welfare, Indians--
social welfare, Public assistance programs.

    For reasons set out in the preamble, we are amending 25 CFR part 20 
to read as follows:

PART 20--FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS

    1. The authority citation for part 20 continues to read as follows:

    Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 
102-477; Pub. L. 104-193; Pub. L. 105-83.


    2. In Sec. 20.100, the definitions of ``Indian,'' ``reservation,'' 
and ``service area'' are revised to read as follows:


Sec. 20.100  What definitions clarify the meaning of the provisions of 
this part?

* * * * *
    Indian means:
    (1) Any person who is a member of an Indian tribe; or
    (2) In the Alaska service area only, any person who meets the 
definition of ``Native'' as defined under 43 U.S.C. 1602(b): ``A 
citizen of the United States and one-fourth degree or more Alaska 
Indian (including Tsimshian Indians not enrolled in the Metlakatla 
Indian Community) Eskimo, or Aleut blood, or combination thereof. The 
term includes any Native as so defined either or both of whose adoptive 
parents are not Natives. It also includes, in the absence of proof of a 
minimum blood quantum, any citizen of the United States who is regarded 
as an Alaska Native by the Native village or Native group of which he 
claims to be a member and whose father or mother is (or, if deceased, 
was) regarded as Native by any village or group. Any decision of the 
Secretary regarding eligibility for enrollment shall be final.''
* * * * *
    Reservation means any federally recognized Indian tribe's 
reservation, pueblo, or colony, including Alaska Native regions 
established pursuant to the Alaska Native Claims Settlement Act (85 
Stat. 688).
* * * * *
    Service area means a geographic area designated by the Assistant 
Secretary where financial assistance and social services programs are 
provided. Such a geographic area designation can include a reservation, 
near reservation, or other geographic location. ``The Assistant 
Secretary has designated the entire State of Alaska as a service 
area.''
* * * * *

    3. In Sec. 20.300, paragraph (a) is revised to read as follows:


Sec. 20.300  Who qualifies for Direct Assistance under this subpart?

* * * * *
    (a) Meet the definition of Indian as defined in this part;
* * * * *


[[Page 15031]]


    Dated: February 28, 2001.
James McDivitt,
Deputy Assistant Secretary--Indian Affairs (Management).
[FR Doc. 01-6485 Filed 3-14-01; 8:45 am]
BILLING CODE 4310-02-P