Contracts and Grants; School Construction; Special Grants to Small Tribes; Removal of Regulations

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Parts 271, 272, 274, 277, and 278

RIN 1076-AD53

Contracts and Grants; School Construction; Special Grants to

Small Tribes; Removal of Regulations

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Indian Affairs is eliminating of 25 CFR Parts

271, 272, 274, 277 and 278 as mandated by Executive Order 12866 to

streamline the regulatory process and enhance the planning and

coordination of new and existing regulations.

EFFECTIVE DATE: September 18, 1996.

FOR FURTHER INFORMATION CONTACT: James Thomas, Division of Self-

Determination Services, Bureau of Indian Affairs, Department of the

Interior, Room 4627, 1849 C Street NW, Washington, DC 20240, Telephone

(202) 208-3708.

SUPPLEMENTARY INFORMATION: On June 3, 1996, at 61 FR 27833, the Bureau

published a proposed rule to eliminate 25 CFR Part 274, School

Construction Contracts or Services for Tribally Operated Previously

Private Schools; Part 277, School Construction Contracts for Public

Schools; and Part 278, Special

[[Page 49060]]

Grants for Economic Development and Core Management Grants to Small

Tribes. These rules are no longer necessary, as they are being replaced

by the new 25 CFR part 900, which implements the Indian Self-

Determination and Education Assistance Act. We received no comments in

response to the proposed rule.

The authority to issue rules and regulations is vested in the

Secretary of the Interior by 5 U.S.C. 301 and sections 463 and 465 of

the Revised Statutes, 25 U.S.C. 2 and 9.

This final rule has an effective date of less than 30 days after

publication so that it may become effective as close as possible to the

effective date of the new rule at 25 CFR part 900. Since part 900

replaces the parts eliminated by this rule, an earlier effective date

will minimize the period during which two conflicting rules are in

effect at the same time. This will minimize potential confusion among

the users of the rules.

Executive Order 12988

The Department has certified to the Office of Management and Budget

(OMB) that these proposed regulations meet the applicable standards

provided in sections 3(a) and 3(b)(2) of Executive Order 12988.

Executive Order 12866

This rule is not a significant regulatory action under Executive

Order 12866 and has not been reviewed by the Office of Management and

Budget.

Regulatory Flexibility Act

This rule will not have a significant economic impact on a

substantial number of small entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.).

Executive Order 12630

The Department has determined that this rule does not have

significant ``takings'' implications. The rule does not pertain to

``taking'' of private property interests, nor does it affect private

property.

Executive Order 12612

The Department has determined that this rule does not have

significant Federalism effects because it pertains solely to Federal-

tribal relations and will not interfere with the roles, rights and

responsibilities of states.

NEPA Statement

The Department has determined that this rule does not constitute a

major Federal action significantly affecting the quality of the human

environment and that no detailed statement is required under the

National Environmental Policy Act of 1969.

Unfunded Mandates Act of 1995

This rule imposes no unfunded mandates on any governmental or

private entity and is in compliance with the provisions of the Unfunded

Mandates Act of 1995.

Paperwork Reduction Act of 1995

This rule has been examined under the Paperwork Reduction Act of

1995 and has been found to contain no information collection

requirements.

Drafting Information: The primary author of this document is

Kimberly Toyekoyah, Bureau of Indian Affairs, Department of the

Interior.

List of Subjects in

25 CFR Part 271

Indians--tribal government, Indians--contracting.

25 CFR Part 272

Indians--tribal government, Indians--grants.

25 CFR Parts 274 and 277

Indians--school construction.

25 CFR Part 278

Indians--special grants for economic development--core management

grants.

Under the authority of Executive Order 12866, and for the reasons

stated above, the Parts 271, 272, 274, 277 and 278 are removed from 25

CFR Chapter I.

Dated: August 21, 1996.

Ada E. Deer,

Assistant Secretary, Indian Affairs.

[FR Doc. 96-23902 Filed 9-17-96; 8:45 am]

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