[Federal Register Volume 70, Number 134 (Thursday, July 14, 2005)]
[Rules and Regulations]
[Pages 40660-40661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13891]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 124
RIN 1076-AE74
Deposit of Proceeds From Lands Withdrawn for Native Selection
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule.
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SUMMARY: This rule implements provisions of the American Indian Trust
Fund Management Reform Act of 1994 by revising the regulations
governing proceeds from public lands withdrawn for Native selection
under the Alaska Native Claims Settlement Act.
DATES: This rule is effective on July 14, 2005.
FOR FURTHER INFORMATION CONTACT: Assistant Director, Office of Trust
Regulations, Policies and Procedures, by telephone at (505) 816-1086,
or by facsimile transmission at (505) 816-1377.
SUPPLEMENTARY INFORMATION: This rule is published by the authority of
the Secretary, granted under 43 U.S.C. 1601 et seq. and 25 U.S.C. 4001
et seq., and delegated to the Assistant Secretary--Indian Affairs 209
DM 8.1.
Background
The Alaska Native Claims Settlement Act (ANCSA) was created to
address the need for a fair and just settlement of all claims by
Natives and Native groups of Alaska, based upon aboriginal land claims.
It allows certain Alaskan Natives and Native Corporations to select
lands to be withdrawn from public lands. Until proper title can be
conveyed, the proceeds derived from contracts, leases, permits, and
rights of way or easements pertaining to the affected lands will be
escrowed. This regulation provides contact information to be used by
all Departments and Agencies, the State of Alaska, and any other
interested parties for deposit information. This regulation is
published by the Assistant Secretary--Indian Affairs in consultation
with the Special Trustee for American Indians under the provisions of
the American Indian Trust Fund Management Reform Act of 1994.
Determination To Issue a Final Rule
The Department of the Interior 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. This rule updates references to Department of the Interior
offices and simplifies and clarifies language; it makes no substantive
changes. For these reasons public comments are unnecessary and good
cause exists for publishing this change as a final rule effective
immediately.
Procedural Requirements
Regulatory Planning and Review (Executive Order 12866)
In accordance with the criteria in Executive Order 12866, this rule
is not a significant regulatory action because:
(a) This rule will not have an annual economic effect of $100
million or adversely affect an economic sector, productivity, jobs, the
environment, or other units of government. A cost-benefit and economic
analysis is not required. This regulation merely provides contact
information to be used by all Departments and Agencies and the State of
Alaska for deposit information.
(b) This rule will not create inconsistencies with other Agencies'
actions. This regulation merely provides contact information to be used
by all Departments and Agencies and the State of Alaska for deposit
information.
(c) This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
This regulation merely provides contact information to be used by all
Departments and Agencies and the State of Alaska for deposit
information.
(d) This rule will not raise novel legal or policy issues. This
regulation merely provides contact information to be used by all
Departments and Agencies and the State of Alaska for deposit
information.
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic effect on a substantial number of small
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.). This regulation provides contact information to be used by
all Departments and Agencies and the State of Alaska for deposit
information. Accordingly, a Small Entity Compliance Guide is not
required.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more. The deposit of proceeds for a one year period do not add up to
$100 million.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. This regulation provides contact
information to be used by all Departments and Agencies and the State of
Alaska for deposit information.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
[[Page 40661]]
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.):
(a) This rule will not ``significantly or uniquely'' affect small
governments. A Small Government Agency Plan is not required. This
regulation provides contact information to be used by all Departments
and Agencies and the State of Alaska for deposit information.
(b) This rule will not produce a Federal mandate of $100 million or
greater in any year, i.e., it is not a ``significant regulatory
action'' under the Unfunded Mandates Reform Act. The deposit of
proceeds for a one year period do not add up to $100 million.
Takings (Executive Order 12630)
This rule does not have significant takings implications. A takings
implication assessment is not required. The purpose of this regulation
is to provide contact information to be used by all Departments and
Agencies and the State of Alaska for deposit information.
Federalism (Executive Order 13132)
This rule does not have significant Federalism effects. A
Federalism assessment is not required. This regulation does not contain
federalism implications sufficient to warrant preparation of a
Federalism Assessment under Executive Order 13132 (Aug. 4, 1999). The
proposed regulations do not change any aspect of Federal-State
relations already provided for in the current version of the rule.
Civil Justice Reform (Executive Order 12988)
The Office of the Solicitor has determined that the rule does not
unduly burden the judicial system and does not meet the requirements of
sections 3(a) and 3(b)(2) of the Order. The proposed regulation does
not involve court action, nor does it provide significant use of
enforcement or judicial action.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Notwithstanding any other provision of law, no person is
required to respond to nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid Office of Management and Budget
(OMB) control number.
National Environmental Policy Act
The Office has analyzed this rule in accordance with the criteria
of the National Environmental Policy Act and 516 DM. This rule does not
constitute a major Federal action significantly affecting the quality
of the human environment. An environmental impact statement is not
required. This regulation provides contact information to be used by
all Departments and Agencies and the State of Alaska for deposit
information.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments,'' Executive Order 13175, and 512 DM 2, we have evaluated
potential effects on Federally recognized Indian tribes and have
determined that there are no potential effects. The purpose of this
regulation is to provide contact information to be used by all
Departments and Agencies and the State of Alaska for deposit
information. The regulation pertains to funds that may belong to
specific Native groups. No other Indian tribes or Native groups are
affected by this regulation.
Effects on the Nation's Energy Supply
In accordance with Executive Order 13211, this regulation does not
have a significant effect on the nation's energy supply, distribution,
or use. This regulation provides contact information to be used by all
Departments and Agencies and the State of Alaska for deposit
information. There are no energy issues involved.
List of Subjects in 25 CFR Part 124
Alaska Natives, Indians, Trust.
Dated: July 11, 2005.
James E. Cason,
Associate Deputy Secretary, Department of the Interior.
0
For the reasons stated in the preamble, part 124 of title 25 of the
Code of Federal Regulations is amended as set forth below.
PART 124--DEPOSITS OF PROCEEDS FROM LANDS WITHDRAWN FOR NATIVE
SELECTION
Sec.
124.1 What is the purpose of this part?
124.2 Who should an agency or the State of Alaska contact for
information?
Authority: 43 U.S.C. 1601 et seq.; Pub. L. 92-203, 85 Stat. 688;
25 U.S.C. 4001 et seq.; Pub L. 103-402, 108 Stat. 4239.
Sec. 124.1 What is the purpose of this part?
This part provides contact information on depositing proceeds from
contracts, leases, permits, rights-of-way, or easements pertaining to
lands withdrawn for Native selection under the Alaska Native Claims
Settlement Act. All Federal agencies and the State of Alaska must use
this part when making deposits of this type.
Sec. 124.2 Who should an agency or the State of Alaska contact for
information?
When a Federal agency or the State of Alaska receives proceeds
covered by this part, it must deposit the proceeds to the credit of the
United States Department of the Interior, Office of the Special Trustee
for American Indians. For further information including depositing
instructions, contact: Office of the Special Trustee for American
Indians, Attention: Division of Trust Funds Accounting, 4400 Masthead
Street NE., Albuquerque, New Mexico 87109.
[FR Doc. 05-13891 Filed 7-13-05; 8:45 am]
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