[Federal Register Volume 70, Number 134 (Thursday, July 14, 2005)]
[Rules and Regulations]
[Pages 40660-40661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13891]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 124

RIN 1076-AE74


Deposit of Proceeds From Lands Withdrawn for Native Selection

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: This rule implements provisions of the American Indian Trust 
Fund Management Reform Act of 1994 by revising the regulations 
governing proceeds from public lands withdrawn for Native selection 
under the Alaska Native Claims Settlement Act.

DATES: This rule is effective on July 14, 2005.

FOR FURTHER INFORMATION CONTACT: Assistant Director, Office of Trust 
Regulations, Policies and Procedures, by telephone at (505) 816-1086, 
or by facsimile transmission at (505) 816-1377.

SUPPLEMENTARY INFORMATION: This rule is published by the authority of 
the Secretary, granted under 43 U.S.C. 1601 et seq. and 25 U.S.C. 4001 
et seq., and delegated to the Assistant Secretary--Indian Affairs 209 
DM 8.1.

Background

    The Alaska Native Claims Settlement Act (ANCSA) was created to 
address the need for a fair and just settlement of all claims by 
Natives and Native groups of Alaska, based upon aboriginal land claims. 
It allows certain Alaskan Natives and Native Corporations to select 
lands to be withdrawn from public lands. Until proper title can be 
conveyed, the proceeds derived from contracts, leases, permits, and 
rights of way or easements pertaining to the affected lands will be 
escrowed. This regulation provides contact information to be used by 
all Departments and Agencies, the State of Alaska, and any other 
interested parties for deposit information. This regulation is 
published by the Assistant Secretary--Indian Affairs in consultation 
with the Special Trustee for American Indians under the provisions of 
the American Indian Trust Fund Management Reform Act of 1994.

Determination To Issue a Final Rule

    The Department of the Interior 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 rule updates references to Department of the Interior 
offices and simplifies and clarifies language; it makes no substantive 
changes. For these reasons public comments are unnecessary and good 
cause exists for publishing this change as a final rule effective 
immediately.

Procedural Requirements

Regulatory Planning and Review (Executive Order 12866)

    In accordance with the criteria in Executive Order 12866, this rule 
is not a significant regulatory action because:
    (a) This rule will not have an annual economic effect of $100 
million or adversely affect an economic sector, productivity, jobs, the 
environment, or other units of government. A cost-benefit and economic 
analysis is not required. This regulation merely provides contact 
information to be used by all Departments and Agencies and the State of 
Alaska for deposit information.
    (b) This rule will not create inconsistencies with other Agencies' 
actions. This regulation merely provides contact information to be used 
by all Departments and Agencies and the State of Alaska for deposit 
information.
    (c) This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
This regulation merely provides contact information to be used by all 
Departments and Agencies and the State of Alaska for deposit 
information.
    (d) This rule will not raise novel legal or policy issues. This 
regulation merely provides contact information to be used by all 
Departments and Agencies and the State of Alaska for deposit 
information.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.). This regulation provides contact information to be used by 
all Departments and Agencies and the State of Alaska for deposit 
information. Accordingly, a Small Entity Compliance Guide is not 
required.

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:
    (a) Does not have an annual effect on the economy of $100 million 
or more. The deposit of proceeds for a one year period do not add up to 
$100 million.
    (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 regulation provides contact 
information to be used by all Departments and Agencies and the State of 
Alaska for deposit information.
    (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.

[[Page 40661]]

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    (a) This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. This 
regulation provides contact information to be used by all Departments 
and Agencies and the State of Alaska for deposit information.
    (b) This rule will not produce a Federal mandate of $100 million or 
greater in any year, i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. The deposit of 
proceeds for a one year period do not add up to $100 million.

Takings (Executive Order 12630)

    This rule does not have significant takings implications. A takings 
implication assessment is not required. The purpose of this regulation 
is to provide contact information to be used by all Departments and 
Agencies and the State of Alaska for deposit information.

Federalism (Executive Order 13132)

    This rule does not have significant Federalism effects. A 
Federalism assessment is not required. This regulation does not contain 
federalism implications sufficient to warrant preparation of a 
Federalism Assessment under Executive Order 13132 (Aug. 4, 1999). The 
proposed regulations do not change any aspect of Federal-State 
relations already provided for in the current version of the rule.

Civil Justice Reform (Executive Order 12988)

    The Office of the Solicitor has determined that the rule does not 
unduly burden the judicial system and does not meet the requirements of 
sections 3(a) and 3(b)(2) of the Order. The proposed regulation does 
not involve court action, nor does it provide significant use of 
enforcement or judicial action.

Paperwork Reduction Act

    This rule contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). Notwithstanding any other provision of law, no person is 
required to respond to nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid Office of Management and Budget 
(OMB) control number.

National Environmental Policy Act

    The Office has analyzed this rule in accordance with the criteria 
of the National Environmental Policy Act and 516 DM. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment. An environmental impact statement is not 
required. This regulation provides contact information to be used by 
all Departments and Agencies and the State of Alaska for deposit 
information.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments,'' Executive Order 13175, and 512 DM 2, we have evaluated 
potential effects on Federally recognized Indian tribes and have 
determined that there are no potential effects. The purpose of this 
regulation is to provide contact information to be used by all 
Departments and Agencies and the State of Alaska for deposit 
information. The regulation pertains to funds that may belong to 
specific Native groups. No other Indian tribes or Native groups are 
affected by this regulation.

Effects on the Nation's Energy Supply

    In accordance with Executive Order 13211, this regulation does not 
have a significant effect on the nation's energy supply, distribution, 
or use. This regulation provides contact information to be used by all 
Departments and Agencies and the State of Alaska for deposit 
information. There are no energy issues involved.

List of Subjects in 25 CFR Part 124

    Alaska Natives, Indians, Trust.

    Dated: July 11, 2005.
James E. Cason,
Associate Deputy Secretary, Department of the Interior.

0
For the reasons stated in the preamble, part 124 of title 25 of the 
Code of Federal Regulations is amended as set forth below.

PART 124--DEPOSITS OF PROCEEDS FROM LANDS WITHDRAWN FOR NATIVE 
SELECTION

Sec.
124.1 What is the purpose of this part?
124.2 Who should an agency or the State of Alaska contact for 
information?

    Authority: 43 U.S.C. 1601 et seq.; Pub. L. 92-203, 85 Stat. 688; 
25 U.S.C. 4001 et seq.; Pub L. 103-402, 108 Stat. 4239.


Sec.  124.1  What is the purpose of this part?

    This part provides contact information on depositing proceeds from 
contracts, leases, permits, rights-of-way, or easements pertaining to 
lands withdrawn for Native selection under the Alaska Native Claims 
Settlement Act. All Federal agencies and the State of Alaska must use 
this part when making deposits of this type.


Sec.  124.2  Who should an agency or the State of Alaska contact for 
information?

    When a Federal agency or the State of Alaska receives proceeds 
covered by this part, it must deposit the proceeds to the credit of the 
United States Department of the Interior, Office of the Special Trustee 
for American Indians. For further information including depositing 
instructions, contact: Office of the Special Trustee for American 
Indians, Attention: Division of Trust Funds Accounting, 4400 Masthead 
Street NE., Albuquerque, New Mexico 87109.

[FR Doc. 05-13891 Filed 7-13-05; 8:45 am]
BILLING CODE 4310-2W-P