[Federal Register Volume 67, Number 58 (Tuesday, March 26, 2002)]
[Proposed Rules]
[Pages 13732-13734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7208]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 21

RIN 1076-AD98


Arrangement With States, Territories, or Other Agencies for 
Relief of Distress and Social Welfare of Indians

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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[[Page 13733]]

SUMMARY: The Bureau of Indian Affairs (BIA) proposes to remove 
regulations on Arrangement with States, Territories, or other agencies 
for relief of distress and social welfare of Indians. The program 
governed by this rule is now administered under regulations in 
Contracts under the Indian Self-Determination and Education Assistance 
Act. Eliminating this rule will remove any confusion regarding the 
process for providing certain social services to the tribes.

DATES: Written comments must be submitted on or before May 28, 2002.

ADDRESSES: You may submit your comments on the proposed rule by mail or 
by hand-delivery to Larry Blair, Chief, Human Services Division, Office 
of Tribal Services, Bureau of Indian Affairs, Department of the 
Interior, 1849 C Street, NW, MS-4660-MIB, Washington, DC 20240.

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

SUPPLEMENTARY INFORMATION: The authority to issue this document is 
vested in the Secretary of the Interior by 5 U.S.C. 301 and 25 U.S.C. 2 
and 9. The Secretary has delegated this authority to the Assistant 
Secretary--Indian Affairs under Part 209 Departmental Manual, Chapter 
8.1A, and by memorandum dated January 25, 1994, from Chief of Staff, 
Department of Interior, to Assistant Secretaries and Heads of Bureaus 
and Offices.

Background

    A proposed rule was published in the Federal Register on July 1, 
1996 (61 FR 33876), to revise the existing regulation in order to 
improve its clarity and understanding to the public through the use of 
Plain English. No comments were received on the July 1, 1996, 
publication. Due to questions raised by the Solicitor's Office on the 
impact that this proposed rule could have on the Office of Indian 
Education Programs, the rule was not finalized. Also, 25 CFR part 21 is 
no longer necessary because this program now falls under the 
regulations in 25 CFR part 900, which implement the Indian Self-
Determination and Education Assistance Act (Pub. L. 93-638, 88 Stat. 
2203, 25 U.S.C. 450 et seq., as amended). We therefore propose the 
removal of this part to clarify that tribal governments have total 
responsibility for operating social service programs.
    Finally, this rule has never been used by the Office of Tribal 
Services, and used only once by the Office of Indian Education 
Programs. It has never been funded as a viable program.

Regulatory Planning and Review (Executive Order 12866)

    This rule was reviewed by the Office of Management and Budget, and 
determined not to be a significant regulatory action under Executive 
Order 12866. This rule has not had an effect of $100 million or more on 
the economy, nor has it adversely or materially affected the economy, 
productivity, competition, jobs, the environment, public health or 
safety, of State, local, or tribal governments or communities. The 
removal of this rule will also not create any serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
The removal of this rule removes the apparent inconsistency with the 
Self-Determination and Education Assistance Act, as amended. This rule 
does not alter the budgetary effects or entitlements, grants, user 
fees, or loan programs or rights or obligations of their recipients. 25 
CFR part 21 deals with the negotiation, execution and planning of 
social service contracts yet, it has never been funded or used by the 
social services programs. This rule does not raise novel legal or 
policy issues because it has been replaced by a law more responsive to 
the needs of the tribes.

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.) This rule involves the negotiation, 
execution and planning of social service contracts, between the Federal 
Government and State or local governments, and does not have an effect 
upon the regulation of small business, organizations or grant 
jurisdiction over small governments. State and local governments will 
not be negatively impacted with the elimination of this rule because it 
has never been funded. They also are free to apply for grants under the 
Johnson-O'Malley Act providing no tribe or tribal entities are 
interested in applying.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804 (2), the Small 
Business Regulatory Enforcement Fairness Act. This rule provides 
guidance for social services contracting and has no effect on the costs 
or prices in local communities. This rule does not have significant 
adverse effect on competition, employment, investments, productivity, 
innovation, or the ability of the U.S.-based enterprises to compete 
with foreign-based enterprises. This rule does not affect local 
enterprises and has never been used for operation of social service 
programs under this part.

Unfunded Mandates Act of 1995

    This rule imposes no unfunded mandates on any State, local, or 
tribal government or private entities and is in compliance with the 
provisions of the Unfunded Mandates Act of 1995. This rule, if funded 
and used, would provide the funds needed in the contract to perform the 
services.

Takings (Executive Order 12630)

    The Department has determined that this rule does not have 
significant ``takings'' implications, or pertain to ``taking'' of 
private property interests, nor does it affect private property.
    This rule involves the negotiation, execution and planning of 
social service contracts, and does not deal with private property, or 
trusts. This rule does not affect property rights protected by the 
Constitution and does not pose a risk of compensable taking.

Federalism (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.

Civil Justice Reform (Executive Order 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 does not meet the requirements of section 3(a) and 
3(b)(2) of the Order.

Paperwork Reduction Act of 1995

    This rule has been examined under the Paper Reduction Act of 1995. 
Information collection was necessary for 25 CFR part 21 to identify how 
contract funds were to be used, and to measure contractors' performance 
and plans for future performance. Since its inception, 25 CFR part 21 
has never been used by the social service program, and thus the 
information collections approved for contract funding or performances 
were allowed to expire, unused.

National Environment Policy Act

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

[[Page 13734]]

Consultation and Coordination with Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Public Comment Solicitation

    If you wish to comment on this rule, you may send your comments by 
mail or hand-deliver them to the person listed in the ADDRESSES section 
of this document. Our practice is to make comments, including names and 
home addresses of respondents available for public review during 
regular business hours, Monday through Friday, 9:00 a.m. to 4:00 p.m. 
EST, excluding Federal holidays. Individual respondents may request 
that we withhold their home address from the rulemaking record. We will 
honor the request to the extent allowable by law. There also may be 
circumstances in which we would withhold from the rulemaking record a 
respondent's identity, as allowable by law. If you wish us to withhold 
your name and/or address, you must state this prominently at the 
beginning of your comment. However, we will not consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or business, available 
for public inspection in their entirety.

List of Subjects in 25 CFR Part 21

    Indians, Indian-welfare contracts.
    For the reasons stated in the preamble and under the authority of 
25 U.S.C. 9, the Bureau of Indian Affairs proposes to remove 25 CFR 
part 21 from Chapter I of Title 25 of the Code of Federal Regulations.

    Dated: March 14, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 02-7208 Filed 3-25-02; 8:45 am]
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