[Federal Register Volume 70, Number 81 (Thursday, April 28, 2005)]
[Rules and Regulations]
[Pages 21950-21951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8257]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Parts 31 and 36

RIN 1076-AE54


Conforming Amendments to Implement the No Child Left Behind Act 
of 2001

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: This final rule deletes provisions of parts 31 and 36 that 
will become obsolete on May 31, 2005, the effective date of the final 
rule implementing the No Child Left Behind Act of 2001.

DATES: Effective Date: May 31, 2005.

FOR FURTHER INFORMATION CONTACT: Catherine Freels, Designated Federal 
Official, P.O. Box 1430, Albuquerque, NM 87103-1430; phone: 505-248-
7240; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Today the Bureau of Indian Affairs is 
publishing elsewhere in the Federal Register the final rule 
implementing the No Child Left Behind Act of 2001. The Bureau developed 
this rule using a negotiated rulemaking process that considered the 
views of all affected tribes and types of schools. This final rule 
implementing the No Child Left Behind Act affects several provisions in 
other areas of 25 CFR. This rule removes these conflicting provisions 
in order to remove potential conflicts from title 25.

Compliance Information

    1. Regulatory Planning and Review (E.O. 12866). This document is 
not a significant rule and the Office of Management and Budget has not 
reviewed this rule 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 of 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. It makes 
only changes necessary to ensure that these sections of 25 CFR conform 
to the changes made by the new rule being published in final today.
    2. 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.).
    3. 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.
    4. 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. The rule makes only changes necessary to ensure 
that these sections of 25 CFR conform to the changes made by the new 
rule being published in final today.
    5. Takings (E.O. 12630). In accordance with Executive Order 12630, 
the rule does not have significant takings implications. No rights, 
property or compensation has been, or will be taken. A takings 
implication assessment is not required.
    6. Federalism (E.O. 13132). In accordance with Executive Order 
13132, this rule does not have federalism implications that warrant the 
preparation of a Federalism Assessment.
    7. 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.
    8. Consultation with Indian tribes (E.O. 13175). In accordance with 
Executive Order 13175, we have evaluated this rule and determined that 
it has no potential negative effects on federally recognized Indian 
tribes. In drafting the No Child Left Behind rule published today, we 
consulted extensively with tribes; tribal members of the negotiated 
rulemaking committee participated in the writing of the rule. These 
conforming amendments make only changes necessary to ensure that the 
remainder of 25 CFR is consistent with the provisions of the No Child 
Left Behind rule.
    9. 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.
    10. National Environmental Policy Act. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment.
    11. Justification for Issuing a Direct 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 to this rule because of the good cause exception under 5 U.S.C. 
553(b)(3)(B). This exception allows the agency to suspend the notice 
and public procedure requirements when the agency finds for good cause 
that those requirements are impractical, unnecessary, and contrary to 
the public interest. This rule deletes provisions made obsolete by 
rules published today by the Department; it makes no other substantive 
changes. Failure to immediately revoke these rules would lead to 
confusion and cause errors in vital educational programs. For these 
reasons, public comments is unnecessary and good cause exists for 
publishing this change as a direct final rule.

List of Subjects in 25 CFR Parts 31 and 36

    Elementary and secondary education programs, Government programs--
education, Indians--education, Schools.

    Dated: April 20, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant, Secretary--Indian Affairs.

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For the reasons given in the preamble, parts 31 and 36 of title 25 of 
the Code of

[[Page 21951]]

Federal Regulations are amended as set forth below.

PART 31--FEDERAL SCHOOLS FOR INDIANS

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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.

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2. Section 31.1 is removed.

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3. Section 31.5 is removed.

PART 36--MINIMUM ACADEMIC STANDARDS FOR THE BASIC EDUCATION OF 
INDIAN CHILDREN AND NATIONAL CRITERIA FOR DORMITORY SITUATIONS

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4. The authority for part 36 continues to read as follows:

    Authority: Section 502, 25 U.S.C. 2001; section 5101, 25 U.S.C. 
2001; Section 1101, 25 U.S.C. 2002; 5 U.S.C. 301; 25 U.S.C. 2 and 9; 
25 S.C. 2901, Title I of P.L. 101-477.
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5. In Sec.  36.1, paragraph (b) is removed and paragraph (c) is 
redesignated as paragraph (b).

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6. In Sec.  36.2, paragraphs (a), (b), (d), and (e) are removed and the 
designation ``(c)'' is removed from the beginning of paragraph (c).
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7. In Sec.  36.11, paragraph (c) is removed and paragraph (d) is 
redesignated as paragraph (c).

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8. In Sec.  36.20, paragraphs (a) and (b) are removed and paragraphs 
(c) through (e) are redesignated as paragraphs (a) through (c).

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9. Subpart G, consisting of Sec. Sec.  36.60 and 36.61, is removed.

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10. Subpart H is redesignated as subpart G.

[FR Doc. 05-8257 Filed 4-27-05; 8:45 am]
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