[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Rules and Regulations]
[Pages 66432-66434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19245]


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

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1400

RIN 0560-AH67


Definition of Indian Tribe for Payment Eligibility and Payment 
Limitation

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule.

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

SUMMARY: This rule amends the regulations of the Commodity Credit 
Corporation (CCC) governing payment limitation and payment eligibility 
and the limitation on the maximum allowable adjusted gross income (AGI) 
for program participants. Currently, 7 CFR part 1400, subpart G, 
exempts Indian tribes from all requirements of the AGI limitation for 
payment eligibility without providing a definition of Indian tribe. 
This rule defines ``Indian tribe'' consistent with the definition used 
by the United States Department of the Interior, Bureau of Indian 
Affairs (BIA), and other rules utilized by CCC, FSA and the Natural 
Resources Conservation Service (NRCS) in their programs.

DATES: This rule is effective on November 15, 2006.

FOR FURTHER INFORMATION CONTACT: James Baxa, Production, Emergencies 
and Compliance Division, United States Department of Agriculture 
(USDA), Stop 0517, 1400 Independence Ave., SW., Washington, DC 20250-
0517. Telephone: (202) 720-7641. Electronic mail: 
[email protected].
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audio tape, etc.) should contact 
the USDA Target Center at (202) 720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: 

Notice and Comment

    Section 1601(c) of the Farm Security and Rural Investment Act of 
2002 (the 2002 Act) provides that the regulations needed to implement 
Title I of the 2002 Act, including those involved here, are to be 
promulgated without regard to the notice and comment provisions of 5 
U.S.C. 553 or the Statement of Policy of the Secretary of Agriculture 
effective July 24, 1971, (36 FR 13804) relating to

[[Page 66433]]

notices of proposed rulemaking and public participation in rulemaking.

Background

    Subpart G of 7 CFR part 1400 was promulgated to implement the 
requirements of 7 U.S.C. 1308-3a (68 FR 33341). This statute and the 
rule prohibit CCC or FSA program payments from being paid to any 
program participant if their income exceeds a certain level--
established in the law at an ``adjusted gross income'' of $2.5 million. 
Since the statute, continually and throughout, refers explicitly to 
``individual or entity'' CCC provided an exception to the maximum AGI 
requirement in 7 CFR 1400.600(g) by expressly excluding from the rule's 
coverage, ``Payments to States, counties, political subdivisions and 
agencies thereof, and Indian tribes.'' However, while these regulations 
refer to ``American Indian'' and ``Indian tribal venture'' at 7 CFR 
1400.100, part 1400 contains no definition of ``Indian tribe'' nor a 
cross-reference to an applicable definition in another regulation.
    Indian tribes have been developing the agricultural lands that they 
own as a source of economic and social benefits for the tribes and 
their members. The United States, under its trust responsibilities and 
the unique government to government relationship with Indian tribes, 
provides various forms of assistance to Indian tribes and its members. 
One means of economic assistance from the United States government on 
agricultural lands is use of farm programs established by Congress and 
implemented by various agencies of USDA. An Indian tribe and its 
members, as holders of agricultural lands, may participate in such 
programs the same as any other producer and owner of domestic 
agricultural lands.
    This rule adds a definition of ``Indian tribe'' to 7 CFR 1400.3 
consistent with that used by other government agencies. See, for 
example, the definition at 25 U.S.C. 3703(10). The change will reduce 
confusion as to types of organizations that qualify for the exemption 
in 7 CFR 1400.600(g) that was intended only for Indian tribes. Also, 
this rule will reduce the likelihood that this exemption will be 
applied to a group that was not intended to be exempt from the AGI 
requirements.

Executive Order 12866

    This final rule has been determined to be not significant under 
Executive Order 12866 and has been reviewed by the Office of Management 
and Budget (OMB).

Federal Assistance Programs

    This final rule has a potential impact on all programs listed in 
the Catalog of Federal Domestic Assistance in the Agency Program Index 
under the Department of Agriculture, Farm Service Agency and Natural 
Resources Conservation Service. Other assistance programs are also 
impacted.

Regulatory Flexibility Act

    The Regulatory Flexibility Act is not applicable to this rule 
because the Commodity Credit Corporation (CCC) is not required by 5 
U.S.C. 553 or any other law to publish a notice of proposed rulemaking 
for the subject matter of this rule.

Environmental Assessment

    The environmental impacts of this rule have been considered 
consistent with the National Environmental Policy Act of 1969 (NEPA), 
42 U.S.C. 4321 et seq., the regulations of the Council on Environmental 
Quality (40 CFR parts 1500-1508), and regulations of the Farm Service 
Agency (FSA) of the Department of Agriculture (USDA) for compliance 
with NEPA, 7 CFR part 799. An Environmental Evaluation was completed 
and the proposed action has been determined not to have the potential 
to significantly impact the quality of the human environment and no 
environmental assessment or environmental impact statement is 
necessary. A copy of the environmental evaluation is available for 
inspection and review upon request.

Executive Order 12778

    This rule has been reviewed under Executive Order 12778. This rule 
preempts State laws that are inconsistent with it; however, this rule 
is not retroactive. Before judicial action may be brought concerning 
this rule, all administrative remedies must be exhausted.

Executive Order 12372

    This program is not subject to Executive Order 12372, which 
requires intergovernmental consultation with State and local officials. 
See the notice related to 7 CFR part 3015, subpart V, published at 48 
FR 29115 (June 24, 1983).

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) does 
not apply to this rule because CCC was not required by 5 U.S.C. 553 or 
any other law to publish a notice of proposed rulemaking for the 
subject matter of this rule. Also, this rule contains no mandates as 
defined in sections 202 and 205 of UMRA.

Paperwork Reduction Act

    Section 1601(c) of the 2002 Act provides that the promulgation of 
regulations and the administration of Title I of the 2002 Act shall be 
done without regard to chapter 5 of title 44 of the United States Code 
(the Paperwork Reduction Act). Accordingly, these regulations and the 
forms and other information collection activities needed to administer 
the program authorized by these regulations are not subject to review 
by the Office of Management and Budget under the Paperwork Reduction 
Act.

Government Paperwork Elimination Act

    FSA is committed to compliance with the Government Paperwork 
Elimination Act (GPEA) and the Freedom to E-File Act, which require 
Government agencies in general and FSA in particular to provide the 
public the option of submitting information or transacting business 
electronically to the maximum extent possible. The form that applicants 
will use to certify their payment eligibility has been developed for 
on-line use.

E-Government Act Compliance

    CCC is committed to complying with the E-Government Act to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes. For information pertinent to E-
GOV compliance related to this rule, please contact the person named 
above under the information contact section.

List of Subjects in 7 CFR Part 1400

    Agriculture, Price support programs, Reporting and recordkeeping 
requirements.

0
For the reasons stated in the preamble, 7 CFR part 1400 is amended as 
follows:

PART 1400--PAYMENT LIMITATION AND PAYMENT ELIGIBILITY

0
1. The authority section for part 1400 continues to read as follows:

    Authority: 7 U.S.C. 1308 et seq.


0
2. Section 1400.3 (b) is amended by adding a definition of ``Indian 
tribe'' in alphabetical order to read as follows:


Sec.  1400.3  Definitions.

* * * * *
    (b) * * *
    Indian tribe means any Indian tribe, band, nation, pueblo, or other 
organized

[[Page 66434]]

group or community, including any Alaska Native village or regional 
corporation as defined in or established pursuant to the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as 
eligible for the special programs and services provided by the United 
States to Indians because of their status as Indians.
* * * * *

    Signed in Washington, DC, on October 25, 2006.
Thomas B. Hofeller,
Acting Executive Vice President, Commodity Credit Corporation.
 [FR Doc. E6-19245 Filed 11-14-06; 8:45 am]
BILLING CODE 3410-05-P