American Indian Trust Fund Management Reform Act; Technical Amendments, 15338-15339 [06-2976]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Special Trustee for American Indians
• Special Trustee for American Indians Office

[Federal Register Volume 71, Number 59 (Tuesday, March 28, 2006)]
[Rules and Regulations]
[Pages 15338-15339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2976]


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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

0
1. The authority for part 1200 continues to read as follows:

    Authority: 25 U.S.C. 4001.


0
2. Section 1200.2 is amended by:
0
A. Removing the definition of ``Area Director'';
0
B. Removing the definition of ``OTFM''; and
0
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.
* * * * *

0
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.

0
4. Section 1200.7 is amended by:
0
A. Redesignating the three sentences in the section as paragraphs (a), 
(b), and (c); and
0
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.
* * * * *

0
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. * 
* *
* * * * *

0
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]

0
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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