[Federal Register Volume 71, Number 23 (Friday, February 3, 2006)]
[Rules and Regulations]
[Pages 5794-5795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-997]


=======================================================================
-----------------------------------------------------------------------

LEGAL SERVICES CORPORATION

45 CFR Part 1631


Expenditure of Grant Funds

AGENCY: Legal Services Corporation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule deletes in its entirety the Legal Services 
Corporation's regulation at 45 CFR part 1631, Expenditure of Grant 
Funds. The deletion is warranted because the statutory authority for 
part 1631 is no longer the prevailing rule of law.

DATES: This final rule becomes effective March 6, 2006.

FOR FURTHER INFORMATION CONTACT: Mattie C. Condray, Senior Assistant 
General Counsel, Office of Legal Affairs, Legal Services Corporation, 
3333 K Street, NW., Washington, DC 20007; 202-295-1624 (ph); 202-337-
6519 (fax); [email protected].

SUPPLEMENTARY INFORMATION: Part 1631 provides that LSC grant recipients 
may not expend LSC funds except as in accordance with the restrictions 
and provisions contained in the Corporation's Fiscal Year 1986 
appropriations measure (Pub. L. 99-180, 99 Stat. 1136), unless such 
funds are expended pursuant to a waiver from the Corporation. Part 1631 
was promulgated in 1986 in response to Congressional concerns that some 
pre-1982 funds were being held by recipients and spent on activities 
which were not prohibited at the time the funds were appropriated, but 
which were later prohibited (and on which recipients could not spend 
currently appropriated funds). 51 FR 24826 (July 9, 1986).
    In 2005, there is no longer any concern that recipients have any 
pre-1982 funds to spend. In addition, in 1996, Congress adopted new 
restrictions and provisions applicable to recipients of LSC funds which 
supersede the restrictions in Public Law 99-180. Public Law 104-134, 
110 Stat. 1321. These restrictions have been incorporated by reference 
in each subsequent appropriation, including the current appropriation. 
Public Law 108-447, 118 Stat. 2809. These restrictions have been 
separately incorporated into LSC's regulations and removal of part 1631 
will have no effect on the later

[[Page 5795]]

restrictions and provisions imposed by Public Law 104-134. See, e.g., 
45 CFR part 1610.
    In light of the above, LSC published a Notice of Proposed 
Rulemaking (``NPRM'') on November 3, 2005 (70 FR 66814), proposing to 
remove and reserve part 1631 from Chapter XVI of Title 45 of the Code 
of Federal Regulations. LSC received no comments on the NPRM. 
Accordingly, as part 1631 is now obsolete, LSC is deleting part 1631 in 
its entirety. LSC believes this action will streamline LSC's 
regulations and avoid any potential confusion the continued existence 
of part 1631 might create.

PART 1631--[REMOVED AND RESERVED]

0
For reasons set forth above, and under the authority of 42 U.S.C. 
2996g(e), LSC removes and reserves 45 CFR part 1631.

Victor M. Fortuno,
Vice President & General Counsel.
[FR Doc. 06-997 Filed 2-2-06; 8:45 am]
BILLING CODE 7050-01-P