Office of Tribal Justice, 70122-70124 [2010-28947]
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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations
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example, a plan enters into a contract
with a new issuer or a new policy is
issued with an existing issuer). For
purposes of this section, a plan or health
insurance coverage that provides
grandfathered health plan coverage is
referred to as a grandfathered health
plan. The rules of this section apply
separately to each benefit package made
available under a group health plan or
health insurance coverage.
(ii) Changes in group health insurance
coverage. Subject to paragraphs (f) and
(g)(2) of this section, if a group health
plan (including a group health plan that
was self-insured on March 23, 2010) or
its sponsor enters into a new policy,
certificate, or contract of insurance after
March 23, 2010 that is effective before
November 15, 2010, then the plan
ceases to be a grandfathered health plan.
*
*
*
*
*
(3)(i) * * *
(ii) Change in group health insurance
coverage. To maintain status as a
grandfathered health plan, a group
health plan that enters into a new
policy, certificate, or contract of
insurance must provide to the new
health insurance issuer (and the new
health insurance issuer must require)
documentation of plan terms (including
benefits, cost sharing, employer
contributions, and annual limits) under
the prior health coverage sufficient to
determine whether a change causing a
cessation of grandfathered health plan
status under paragraph (g)(1) of this
section has occurred.
*
*
*
*
*
(f) * * * After the date on which the
last of the collective bargaining
agreements relating to the coverage that
was in effect on March 23, 2010
terminates, the determination of
whether health insurance coverage
maintained pursuant to a collective
bargaining agreement is grandfathered
health plan coverage is made under the
rules of this section other than this
paragraph (f) (comparing the terms of
the health insurance coverage after the
date the last collective bargaining
agreement terminates with the terms of
the health insurance coverage that were
in effect on March 23, 2010).
(g) * * *
(4) * * *
Example 9. (i) Facts. A group health plan
not maintained pursuant to a collective
bargaining agreement offers three benefit
packages on March 23, 2010. Option F is a
self-insured option. Options G and H are
insured options. Beginning July 1, 2013, the
plan increases coinsurance under Option H
from 10% to 15%.
(ii) Conclusion. In this Example 9, the
coverage under Option H is not
grandfathered health plan coverage as of July
VerDate Mar<15>2010
15:17 Nov 16, 2010
Jkt 223001
1, 2013, consistent with the rule in paragraph
(g)(1)(ii) of this section. Whether the coverage
under Options F and G is grandfathered
health plan coverage is determined
separately under the rules of this paragraph
(g).
[FR Doc. 2010–28861 Filed 11–15–10; 4:15 pm]
BILLING CODE 4830–01–4510–29–4120–01–P
DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 0
[AG Order No. 3229–2010]
Office of Tribal Justice
Department of Justice.
Final rule.
AGENCY:
ACTION:
This rule will amend part 0 of
title 28 of the Code of Federal
Regulations to reflect the establishment
of the Office of Tribal Justice as a
distinct component of the Department of
Justice. The Office of Tribal Justice was
created by the Attorney General to
provide a channel for Tribes to
communicate their concerns to the
Department, to help coordinate policy
on Indian affairs both within the
Department and with other Federal
agencies, and to ensure that the
Department and its components work
with Tribes on a government-togovernment basis. This rule, which sets
forth the Office’s organization, mission
and functions, amends the Code of
Federal Regulations in order to reflect
accurately the Department’s internal
management structure.
DATES: Effective Date: November 17,
2010.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Tracy Toulou, Director, Office of Tribal
Justice, U.S. Department of Justice, RFK
Main Justice Building, Room 2318, 950
Pennsylvania Avenue, NW.,
Washington, DC 20530. Telephone:
(202) 514–8812.
SUPPLEMENTARY INFORMATION:
Background
In 1995 the Attorney General
established the Office of Tribal Justice
(OTJ) to provide a principal point of
contact within the Department of Justice
to listen to the concerns of Indian tribes
and other parties interested in Indian
affairs and to communicate the
Department’s policies to the Tribes and
the public; to promote internal
uniformity of Department of Justice
policies and litigation positions relating
to Indian country; and to coordinate
with other Federal agencies and with
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Fmt 4700
Sfmt 4700
State and local governments on their
initiatives in Indian country. On
November 5, 2009, the President
directed all Federal agencies to develop
a consultation and coordination policy
that ensures effective communication
with Tribes. The Director of OTJ, in
consultation with Tribes and with other
Department components, developed the
Department’s comprehensive plan in
response to the President’s directive,
and is designated as the Department
official responsible for following
through on the plan and reporting
requirements associated with the
President’s directive. The Director of
OTJ also is the Department official
responsible for certifying to the Office of
Management and Budget that the
requirements of Executive Order 13175,
Consultation and Coordination with
Indian Tribal Governments, have been
met with regard to any regulation or
legislation proposed by the Department.
On July 29, 2010, President Obama
signed into law the Tribal Law and
Order Act of 2010, Public Law 111–211.
Section 214 of the Tribal Law and Order
Act amends title I of the Indian Tribal
Justice Technical and Legal Assistance
Act of 2000, to provide that ‘‘[n]ot later
than 90 days after the date of enactment
of the Tribal Law and Order Act of 2010,
the Attorney General shall establish the
Office of Tribal Justice as a component
of the Department.’’ This rule
implements fully that statutory
directive.
Administrative Procedure Act 5 U.S.C.
553
This rule is a rule of agency
organization and procedure, and relates
to the internal management of the
Department of Justice. It is therefore
exempt from the requirements of notice
and comment and a delayed effective
date. 5 U.S.C. 553(b), (d).
Regulatory Flexibility Act
The Attorney General, in accordance
with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this rule
and by approving it certifies that this
rule will not have a significant
economic impact on a substantial
number of small entities because it
pertains to personnel and administrative
matters affecting the Department.
Further, a Regulatory Flexibility
Analysis was not required to be
prepared for this final rule since the
Department was not required to publish
a general notice of proposed rulemaking
for this matter.
Executive Order 12866
This action has been drafted and
reviewed in accordance with Executive
E:\FR\FM\17NOR1.SGM
17NOR1
Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations
Order 12866, Regulatory Planning and
Review, § 1(b), Principles of Regulation.
This rule is limited to agency
organization, management, and
personnel as described by Executive
Order 12866 § 3(d)(3) and, therefore, is
not a ‘‘regulation’’ or ‘‘rule’’ as defined by
that Executive Order. Accordingly, this
action has not been reviewed by the
Office of Management and Budget.
Federalism
This rule will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 12612,
it is determined that this rule does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Assessment.
Executive Order 13175—Tribal
Consultation
Congress actively sought the input of
Indian Tribes and Tribal organizations
in developing the Tribal Law and Order
Act of 2010, Public Law 111–211. As a
result of that Congressional
consultation, the Act includes a
requirement that the Office of Tribal
Justice be established as a component of
the Department of Justice. This action
merely amends title 28 of the Code of
Federal Regulations to reflect the
establishment of the Office of Tribal
Justice as a Department component
consistent with Tribal input to
Congress. Therefore, no consultation
with Tribes is required under Executive
Order 13175.
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Executive Order 12988—Civil Justice
Reform
This rule meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of
1955
This rule will not result in the
expenditure by State, local and Tribal
governments, in the aggregate, or by the
private sector of $100,000,000 or more
in any one year, and it does not create
requirements that might significantly or
uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Congressional Review Act
This action pertains to agency
management, personnel, and
organization and does not substantially
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15:17 Nov 16, 2010
Jkt 223001
affect the rights or obligations of nonagency parties and, accordingly, is not
a ‘‘rule’’ as that term is used by the
Congressional Review Act (Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA)). Therefore, the reporting
requirement of 5 U.S.C. 801 does not
apply.
Plain Language Instructions
We try to write clearly. Suggestions
about how to improve the clarity of this
rule may be submitted in writing to
Tracy Toulou, Director, Office of Tribal
Justice.
List of Subjects in 28 CFR Part 0
Authority delegation (Government
agencies), Government employees,
Organization and functions
(Government agencies), Privacy,
Reporting and recordkeeping
requirements, Whistleblowing.
■ Accordingly, by virtue of the authority
vested in me as Attorney General,
including 5 U.S.C. 301 and 28 U.S.C.
509, 510, part 0 of title 28 of the Code
of Federal Regulations is amended as
follows:
PART 0—ORGANIZATION OF THE
DEPARTMENT OF JUSTICE
1. The authority citation for part 0
continues to read as follows:
■
Authority: 5 U.S.C. 301; 28 U.S.C. 509,
510, 515–519.
2. Revise § 0.1 by adding at the end of
the list under ‘‘Offices’’ the title ‘‘Office
of Tribal Justice’’.
■
Subpart W–1—[Redesignated as
Subpart W–2]
3. Redesignate subpart W–1 as subpart
W–2.
■ 4. Add a new subpart W–1 to read as
follows:
■
Subpart W–1—Office of Tribal Justice
§ 0.134
Office of Tribal Justice.
(a) Organization. The Office of Tribal
Justice is headed by a Director
appointed by the Attorney General. The
Director shall be responsible to, and
report directly to, the Deputy Attorney
General and the Associate Attorney
General and shall be a member of the
Senior Executive Service.
(b) Mission. The mission of the Office
of Tribal Justice shall be to provide a
principal point of contact within the
Department of Justice to listen to the
concerns of Indian Tribes and other
parties interested in Indian affairs and
to communicate the Department’s
policies to the Tribes and the public; to
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70123
promote internal uniformity of
Department of Justice policies and
litigation positions relating to Indian
country; and to coordinate with other
Federal agencies and with State and
local governments on their initiatives in
Indian country.
(c) Function. Subject to the general
supervision and direction of the Deputy
Attorney General and the Associate
Attorney General, the Office of Tribal
Justice shall:
(1) Serve as the program and legal
policy advisor to the Attorney General
with respect to the treaty and trust
relationship between the United States
and Indian Tribes;
(2) Serve as the Department’s initial
and ongoing point of contact, and as the
Department’s principal liaison, for
Federally recognized Tribal
governments and Tribal organizations;
(3) Coordinate the Department’s
activities, policies, and positions
relating to Indian Tribes, including the
treaty and trust relationship between the
United States and Indian Tribes;
(4) Ensure that the Department and its
components work with Indian Tribes on
a government-to-government basis;
(5) Collaborate with Federal and other
government agencies to promote
consistent, informed government-wide
policies, operations, and initiatives
related to Indian Tribes;
(6) Serve as a clearinghouse for
coordination among the various
components of the Department on
Federal Indian law issues, and with
other Federal agencies on the
development of policy or Federal
litigation positions involving Indians
and Indian Tribes;
(7) Coordinate with each component
of the Department to ensure that each
component of the Department has an
accountable process to ensure
meaningful and timely consultation
with Tribal leaders in the development
of regulatory policies and other actions
that affect the trust responsibility of the
United States to Indian Tribes, any
Tribal treaty provision, the status of
Indian Tribes as sovereign governments,
or any other Tribal interest.
(8) Ensure that the consultation
process of each component of the
Department is consistent with Executive
Order 13175 and with the Department’s
consultation policy;
(9) Serve, through its Director, as the
official responsible for implementing
the Department’s Tribal consultation
policy and for certifying compliance
with Executive Order 13175 to the
Office of Management and Budget; and
(10) Perform such other duties and
assignments as deemed necessary from
time to time by the Attorney General,
E:\FR\FM\17NOR1.SGM
17NOR1
70124
Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations
3. Priority Mail Contract 29, added
October 29, 2010 (Order No. 574); and
4. Inbound International Expedited
Services 4 (MC2010–37 and CP2010–
126), added November 5, 2010 (Order
No. 579).
Updated product lists. The referenced
changes to the competitive product list
are included in the product lists
following the Secretary’s signature.
the Deputy Attorney General, or the
Associate Attorney General.
Dated: November 10, 2010.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2010–28947 Filed 11–16–10; 8:45 am]
BILLING CODE 4410–07–P
POSTAL REGULATORY COMMISSION
30 CFR Part 3020
[Docket Nos. MC2011–1, et al.]
List of Subjects in 39 CFR Part 3020
Administrative practice and
procedure; Postal Service.
AGENCY:
By the Commission.
Shoshana M. Grove,
Secretary.
ACTION:
■
Product List Update
Postal Regulatory Commission.
Final rule.
The Commission is updating
the postal product lists. This action
reflects the disposition of recent
dockets, as reflected in Commission
orders, and a publication policy adopted
in a recent Commission order. The
referenced policy assumes periodic
updates. The updates are identified in
the body of this document. The product
lists, which are re-published in their
entirety, include these updates.
DATES: Effective Date: November 17,
2010.
Applicability Dates: October 20, 2010
(Express Mail Contract 9); October 29,
2010 (Priority Mail Contract 28, and
Priority Mail Contract 29); November 5,
2010 (Inbound International Expedited
Services 4 (MC2010–37 and CP2010–
126).
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at stephen.sharfman@prc.gov or 202–
789–6820.
SUPPLEMENTARY INFORMATION: This
document identifies recent updates to
the product lists, which appear as 39
CFR Appendix A to Subpart A of Part
3020—Mail Classification Schedule.1
Publication of updated product lists in
the Federal Register is consistent with
the Postal Accountability and
Enhancement Act (PAEA) of 2006.
Authorization. The Commission
process for periodic publication of
updates was established in Order No.
445, April 22, 2010.
Changes. Since publication of the
product lists in the Federal Register on
August 31, 2010 (75 FR 53216), the
following additions to the competitive
product list have been made:
1. Express Mail Contract 9, added
October 20, 2010 (Order No. 563);
2. Priority Mail Contract 28, added
October 29, 2010 (Order No. 573);
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SUMMARY:
1 Docket Nos. MC2011–1, CP2011–2, MC2011–2,
CP2011–3, MC2011–3 and CP2011–4.
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15:17 Nov 16, 2010
Jkt 223001
For the reasons discussed in the
preamble, the Postal Regulatory
Commission amends chapter III of title
39 of the Code of Federal Regulations as
follows:
PART 3020—PRODUCT LISTS
1. The authority citation for part 3020
continues to read as follows:
■
Authority: 39 U.S.C. 503; 3622; 3631;
3642; 3682.
2. Revise Appendix A to Subpart A of
Part 3020—Mail Classification Schedule
to read as follows:
■
Appendix A to Subpart A of Part
3020—Mail Classification Schedule
Part A—Market Dominant Products
1000 Market Dominant Product List
First-Class Mail
Single-Piece Letters/Postcards
Bulk Letters/Postcards
Flats
Parcels
Outbound Single-Piece First-Class Mail
International
Inbound Single-Piece First-Class Mail
International
Standard Mail (Regular and Nonprofit)
High Density and Saturation Letters
High Density and Saturation Flats/Parcels
Carrier Route
Letters
Flats
Not Flat-Machinables (NFMs)/Parcels
Periodicals
Within County Periodicals
Outside County Periodicals
Package Services
Single-Piece Parcel Post
Inbound Surface Parcel Post (at UPU rates)
Bound Printed Matter Flats
Bound Printed Matter Parcels
Media Mail/Library Mail
Special Services
Ancillary Services
International Ancillary Services
Address Management Services
Caller Service
Change-of-Address Credit Card
Authentication
Confirm
Customized Postage
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Frm 00042
Fmt 4700
Sfmt 4700
International Reply Coupon Service
International Business Reply Mail Service
Money Orders
Post Office Box Service
Stamp Fulfillment Services
Negotiated Service Agreements
HSBC North America Holdings Inc.
Negotiated Service Agreement
Bookspan Negotiated Service Agreement
Bank of America Corporation Negotiated
Service Agreement
The Bradford Group Negotiated Service
Agreement
Inbound International
Canada Post—United States Postal Service
Contractual Bilateral Agreement for
Inbound Market Dominant Services
(MC2010–12 and R2010–2)
The Strategic Bilateral Agreement Between
United States Postal Service and
Koninklijke TNT Post BV and TNT Postl
pakketservice Benelux BV, collectively
‘‘TNT Post’’ and China Post Group–
United States Postal Service Letter Post
Bilateral Agreement (MC2010–35,
R2010–5 and R2010–6)
Market Dominant Product Descriptions
First-Class Mail
Single-Piece Letters/Postcards
Bulk Letters/Postcards
Flats
Parcels
Outbound Single-Piece First-Class Mail
International
Inbound Single-Piece First-Class Mail
International
Standard Mail (Regular and Nonprofit)
High Density and Saturation Letters
High Density and Saturation Flats/Parcels
Carrier Route
Letters
[Reserved for Product Description]
Flats
Not Flat-Machinables (NFMs)/Parcels
Periodicals
Within County Periodicals
Outside County Periodicals
Package Services
Single-Piece Parcel Post
Inbound Surface Parcel Post (at UPU rates)
Bound Printed Matter Flats
Bound Printed Matter Parcels
Media Mail/Library Mail
Special Services
Ancillary Services
Address Correction Service
Applications and Mailing Permits
Business Reply Mail
Bulk Parcel Return Service
Certified Mail
Certificate of Mailing
Collect on Delivery
Delivery Confirmation
Insurance
Merchandise Return Service
Parcel Airlift (PAL)
Registered Mail
Return Receipt
Return Receipt for Merchandise
Restricted Delivery
Shipper-Paid Forwarding
Signature Confirmation
Special Handling
Stamped Envelopes
Stamped Cards
Premium Stamped Stationery
E:\FR\FM\17NOR1.SGM
17NOR1
]]>Agencies
[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70122-70124]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28947]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 0
[AG Order No. 3229-2010]
Office of Tribal Justice
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule will amend part 0 of title 28 of the Code of Federal
Regulations to reflect the establishment of the Office of Tribal
Justice as a distinct component of the Department of Justice. The
Office of Tribal Justice was created by the Attorney General to provide
a channel for Tribes to communicate their concerns to the Department,
to help coordinate policy on Indian affairs both within the Department
and with other Federal agencies, and to ensure that the Department and
its components work with Tribes on a government-to-government basis.
This rule, which sets forth the Office's organization, mission and
functions, amends the Code of Federal Regulations in order to reflect
accurately the Department's internal management structure.
DATES: Effective Date: November 17, 2010.
FOR FURTHER INFORMATION CONTACT: Tracy Toulou, Director, Office of
Tribal Justice, U.S. Department of Justice, RFK Main Justice Building,
Room 2318, 950 Pennsylvania Avenue, NW., Washington, DC 20530.
Telephone: (202) 514-8812.
SUPPLEMENTARY INFORMATION:
Background
In 1995 the Attorney General established the Office of Tribal
Justice (OTJ) to provide a principal point of contact within the
Department of Justice to listen to the concerns of Indian tribes and
other parties interested in Indian affairs and to communicate the
Department's policies to the Tribes and the public; to promote internal
uniformity of Department of Justice policies and litigation positions
relating to Indian country; and to coordinate with other Federal
agencies and with State and local governments on their initiatives in
Indian country. On November 5, 2009, the President directed all Federal
agencies to develop a consultation and coordination policy that ensures
effective communication with Tribes. The Director of OTJ, in
consultation with Tribes and with other Department components,
developed the Department's comprehensive plan in response to the
President's directive, and is designated as the Department official
responsible for following through on the plan and reporting
requirements associated with the President's directive. The Director of
OTJ also is the Department official responsible for certifying to the
Office of Management and Budget that the requirements of Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, have been met with regard to any regulation or legislation
proposed by the Department.
On July 29, 2010, President Obama signed into law the Tribal Law
and Order Act of 2010, Public Law 111-211. Section 214 of the Tribal
Law and Order Act amends title I of the Indian Tribal Justice Technical
and Legal Assistance Act of 2000, to provide that ``[n]ot later than 90
days after the date of enactment of the Tribal Law and Order Act of
2010, the Attorney General shall establish the Office of Tribal Justice
as a component of the Department.'' This rule implements fully that
statutory directive.
Administrative Procedure Act 5 U.S.C. 553
This rule is a rule of agency organization and procedure, and
relates to the internal management of the Department of Justice. It is
therefore exempt from the requirements of notice and comment and a
delayed effective date. 5 U.S.C. 553(b), (d).
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this rule and by approving it
certifies that this rule will not have a significant economic impact on
a substantial number of small entities because it pertains to personnel
and administrative matters affecting the Department. Further, a
Regulatory Flexibility Analysis was not required to be prepared for
this final rule since the Department was not required to publish a
general notice of proposed rulemaking for this matter.
Executive Order 12866
This action has been drafted and reviewed in accordance with
Executive
[[Page 70123]]
Order 12866, Regulatory Planning and Review, Sec. 1(b), Principles of
Regulation. This rule is limited to agency organization, management,
and personnel as described by Executive Order 12866 Sec. 3(d)(3) and,
therefore, is not a ``regulation'' or ``rule'' as defined by that
Executive Order. Accordingly, this action has not been reviewed by the
Office of Management and Budget.
Federalism
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with Executive Order
12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 13175--Tribal Consultation
Congress actively sought the input of Indian Tribes and Tribal
organizations in developing the Tribal Law and Order Act of 2010,
Public Law 111-211. As a result of that Congressional consultation, the
Act includes a requirement that the Office of Tribal Justice be
established as a component of the Department of Justice. This action
merely amends title 28 of the Code of Federal Regulations to reflect
the establishment of the Office of Tribal Justice as a Department
component consistent with Tribal input to Congress. Therefore, no
consultation with Tribes is required under Executive Order 13175.
Executive Order 12988--Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1955
This rule will not result in the expenditure by State, local and
Tribal governments, in the aggregate, or by the private sector of
$100,000,000 or more in any one year, and it does not create
requirements that might significantly or uniquely affect small
governments. Therefore, no actions were deemed necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of non-agency parties and, accordingly, is not a ``rule''
as that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)).
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
Plain Language Instructions
We try to write clearly. Suggestions about how to improve the
clarity of this rule may be submitted in writing to Tracy Toulou,
Director, Office of Tribal Justice.
List of Subjects in 28 CFR Part 0
Authority delegation (Government agencies), Government employees,
Organization and functions (Government agencies), Privacy, Reporting
and recordkeeping requirements, Whistleblowing.
0
Accordingly, by virtue of the authority vested in me as Attorney
General, including 5 U.S.C. 301 and 28 U.S.C. 509, 510, part 0 of title
28 of the Code of Federal Regulations is amended as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
0
1. The authority citation for part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
0
2. Revise Sec. 0.1 by adding at the end of the list under ``Offices''
the title ``Office of Tribal Justice''.
Subpart W-1--[Redesignated as Subpart W-2]
0
3. Redesignate subpart W-1 as subpart W-2.
0
4. Add a new subpart W-1 to read as follows:
Subpart W-1--Office of Tribal Justice
Sec. 0.134 Office of Tribal Justice.
(a) Organization. The Office of Tribal Justice is headed by a
Director appointed by the Attorney General. The Director shall be
responsible to, and report directly to, the Deputy Attorney General and
the Associate Attorney General and shall be a member of the Senior
Executive Service.
(b) Mission. The mission of the Office of Tribal Justice shall be
to provide a principal point of contact within the Department of
Justice to listen to the concerns of Indian Tribes and other parties
interested in Indian affairs and to communicate the Department's
policies to the Tribes and the public; to promote internal uniformity
of Department of Justice policies and litigation positions relating to
Indian country; and to coordinate with other Federal agencies and with
State and local governments on their initiatives in Indian country.
(c) Function. Subject to the general supervision and direction of
the Deputy Attorney General and the Associate Attorney General, the
Office of Tribal Justice shall:
(1) Serve as the program and legal policy advisor to the Attorney
General with respect to the treaty and trust relationship between the
United States and Indian Tribes;
(2) Serve as the Department's initial and ongoing point of contact,
and as the Department's principal liaison, for Federally recognized
Tribal governments and Tribal organizations;
(3) Coordinate the Department's activities, policies, and positions
relating to Indian Tribes, including the treaty and trust relationship
between the United States and Indian Tribes;
(4) Ensure that the Department and its components work with Indian
Tribes on a government-to-government basis;
(5) Collaborate with Federal and other government agencies to
promote consistent, informed government-wide policies, operations, and
initiatives related to Indian Tribes;
(6) Serve as a clearinghouse for coordination among the various
components of the Department on Federal Indian law issues, and with
other Federal agencies on the development of policy or Federal
litigation positions involving Indians and Indian Tribes;
(7) Coordinate with each component of the Department to ensure that
each component of the Department has an accountable process to ensure
meaningful and timely consultation with Tribal leaders in the
development of regulatory policies and other actions that affect the
trust responsibility of the United States to Indian Tribes, any Tribal
treaty provision, the status of Indian Tribes as sovereign governments,
or any other Tribal interest.
(8) Ensure that the consultation process of each component of the
Department is consistent with Executive Order 13175 and with the
Department's consultation policy;
(9) Serve, through its Director, as the official responsible for
implementing the Department's Tribal consultation policy and for
certifying compliance with Executive Order 13175 to the Office of
Management and Budget; and
(10) Perform such other duties and assignments as deemed necessary
from time to time by the Attorney General,
[[Page 70124]]
the Deputy Attorney General, or the Associate Attorney General.
Dated: November 10, 2010.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2010-28947 Filed 11-16-10; 8:45 am]
BILLING CODE 4410-07-P
