[Federal Register: March 28, 2006 (Volume 71, Number 59)]
[Rules and Regulations]
[Page 15338-15339]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr06-5]
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DEPARTMENT OF THE INTERIOR
Office of the Special Trustee for American Indians
25 CFR Part 1200
RIN 1035-AA05
American Indian Trust Fund Management Reform Act; Technical
Amendments
AGENCY: Office of the Special Trustee for American Indians, Interior.
ACTION: Final Rule.
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SUMMARY: The Office of the Special Trustee for American Indians (OST)
is revising its regulations to update references to agency names,
addresses, and position titles. This action is editorial in nature and
is intended to improve the accuracy and clarity of the OST's
regulations.
DATES: Effective Date: March 28, 2006.
FOR FURTHER INFORMATION CONTACT: Lorie Curtis, Office of Trust
Regulations, Policies and Procedures, Office of the Special Trustee for
American Indians, 4400 Masthead Street NE., Albuquerque, New Mexico
87109; phone 505-816-1086; facsimile 505-816-1377.
SUPPLEMENTARY INFORMATION: The regulations promulgated by the
Department of the Interior in 25 CFR part 1200 describe, among other
things, the processes by which Indian tribes can manage tribal funds
currently held in trust by the United States under the American Indian
Trust Fund Management Reform Act. The regulations contain references to
organizations, positions, and addresses that changed in 2003. We are
updating these regulations to correct the references and to make other
minor editorial changes to improve clarity.
Determination To Issue a 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 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. Because
this amendment makes only minor editorial changes, no public comment is
necessary.
Determination To Make Rule Effective Immediately
Because this amendment makes only minor editorial changes, the
Department
[[Page 15339]]
has determined it appropriate to make the rule effective immediately by
waiving the requirement of publication 30 days in advance of the
effective date found at 5 U.S.C. 553(d). It is in the public interest
and in the interest of the Indian tribes not to delay implementation of
this amendment. Accordingly, this amendment is issued as a final rule
effective immediately.
Compliance With Laws and Executive Orders
The Department has determined that this rule complies with all
requirements of the following laws and Executive Orders:
(1) Executive Order 12866 (Regulatory Planning and Review);
(2) Regulatory Flexibility Act (5 U.S.C. 601, et seq.);
(3) Small Business Regulatory Enforcement Fairness Act (5 U.S.C.
804(2));
(4) Unfunded Mandates Reform Act (2 U.S.C. 1531, et seq.);
(5) Executive Order 12630 (Takings);
(6) Executive Order 13132 (Federalism);
(7) Executive Order 12988 (Civil Justice Reform);
(8) Executive Order 13175 (Consultation with Indian tribes);
(9) Paperwork Reduction Act (44 U.S.C. 3501, et seq.); and
(10) National Environmental Policy Act (42 U.S.C. 4321-4347).
List of Subjects in 25 CFR Part 1200
Indians, Trusts and trustees, Trust funds.
Dated: February 27, 2006.
Ross O. Swimmer,
Special Trustee for American Indians.
0
For the reasons set forth in the preamble, part 1200 of title 25 of the
Code of Federal Regulations is amended as follows:
PART 1200--AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT
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1. The authority for part 1200 continues to read as follows:
Authority: 25 U.S.C. 4001.
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2. Section 1200.2 is amended by:
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A. Removing the definition of ``Area Director'';
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B. Removing the definition of ``OTFM''; and
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C. Adding in alphabetical order a definition of ``Fiduciary Trust
Officer'' and ``Regional Director'' to read as follows:
Sec. 1200.2 Definitions.
* * * * *
Fiduciary Trust Officer means the designated OST official at the
agency or regional office.
* * * * *
Regional Director means the Bureau of Indian Affairs official in
charge of a Regional Office.
* * * * *
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3. Revise Sec. 1200.6 to read as follows:
Sec. 1200.6 How could a tribe receive future income directly rather
than have the government continue to collect it?
If a tribe wishes to receive future income directly, the tribe may
contact a Fiduciary Trust Officer located at the agency or regional
office.
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4. Section 1200.7 is amended by:
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A. Redesignating the three sentences in the section as paragraphs (a),
(b), and (c); and
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B. Revising redesignated paragraph (a) to read as follows:
Sec. 1200.7 Information collection.
(a) The information collection requirements contained in subpart B
of this part have been approved by the Office of Management and Budget
under 44 U.S.C. 3507 et seq., and assigned OMB Control Number 1035-
0003. Information is also collected in subpart D through the use of the
following standard forms:
(1) SF 424, Application for Federal Assistance, OMB Control Number
0348-0043; and
(2) SF 424A, Budget Information, OMB Control Number 0348-0044.
* * * * *
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5. In Sec. 1200.13, the first and third sentences are revised to read
as follows:
Sec. 1200.13 How does a tribe apply to withdraw funds?
To withdraw funds, a tribe must submit four copies of its
application and the attachments listed in this section to: Director,
Office of External Affairs, Office of the Special Trustee for American
Indians, Department of the Interior, MS-5140, 1849 C Street NW.,
Washington, DC 20240. * * * When we determine that the application is
complete, we will send copies to the appropriate agency superintendent
and regional director, and to the Special Trustee and the Solicitor. *
* *
* * * * *
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6. Section 1200.14 is amended by removing paragraphs (j)(1) and (j)(2)
and revising paragraph (j) to read as follows:
Sec. 1200.14 What must the Tribal Management Plan contain?
* * * * *
(j) A tribal council agreement to provide an annual audit and
report on performance of withdrawn funds to the tribal membership. The
agreement must include a description of the steps (including audit
performance and reporting) the tribe will take to ensure its membership
that the tribe is continuing to comply with the terms of the plan
submitted and approved pursuant to judgment fund limitations (if any)
and/or the terms of the Act.
* * * * *
Sec. 1200.15 [Amended]
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7. Amend 1200.15(b) by removing the word ``area'' and adding the word
``regional'' in its place.
[FR Doc. 06-2976 Filed 3-27-06; 8:45 am]
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