[Federal Register Volume 67, Number 244 (Thursday, December 19, 2002)]
[Rules and Regulations]
[Pages 77677-77678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31984]


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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: Final rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) is removing existing 
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 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.

EFFECTIVE DATE: This action is effective January 21, 2003.

FOR FURTHER INFORMATION CONTACT: 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. Telephone No. (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 redelegated this authority to the Assistant 
Secretary--Indian Affairs under part 209, Chapter 8.1, of the 
Departmental Manual.

Background

    On March 26, 2002, at 67 FR 13732, the BIA published a proposed 
rule to remove 25 CFR part 21, Arrangement with States, Territories, or 
Other Agencies for Relief of Distress and Social Welfare of Indians. We 
received no comments in response to the proposed rule.
    This part is no longer necessary because this program now falls 
under the regulations in 25 CFR part 900 and 25 CFR 273, which carry 
out the Indian Self-Determination and Education Assistance Act (Pub. L. 
93-638, 88 Stat. 2203, 25 U.S.C. 450 et seq., as amended). Therefore, 
we are removing this part to clarify that tribal governments have total 
responsibility for managing social service programs.
    This rule has never been used by the Office of Tribal Services, and 
used only once by the Office of Indian Education Programs. The Office 
of Indian Education staff has ensured that their programs will not be 
negatively impacted by the removal of this rule.

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 had 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. 
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 meets 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, part 21 has 
never been used by the social service program, and thus the

[[Page 77678]]

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.

Consultation and Coordination with Indian Tribal Governments

    This 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.

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, amend 25 CFR chapter I by removing part 21.

    Dated: October 25, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 02-31984 Filed 12-18-02; 8:45 am]
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