[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Proposed Rules]
[Pages 33876-33878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16038]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 21
RIN 1076-AD 61
Social Welfare Arrangements With States or Other Agencies
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
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Summary: The Bureau of Indian Affairs (BIA) is proposing to revise the
regulations in this part to improve the clarity of the regulations and
understanding by the public.
Dates: Comments must be received on or before August 30, 1996.
Addresses: Mail comments to Larry Blair, Chief, Division of Social
Services,
[[Page 33877]]
Office of Tribal Services, Bureau of Indian Affairs, Department of the
Interior, 1849 C St. NW., Mail Stop 4603-MIB, Washington, DC 20240; or,
hand deliver them to Room 4603 at the above address. Comments will be
available for inspection at this address from 9:00 a.m. to 4:00 p.m.,
Monday through Friday beginning approximately July 15, 1996.
For Further Information Contact: Larry Blair, Chief of the Division of
Social Services, Bureau of Indian Affairs at telephone number (202)
208-2721.
Supplementary Information: 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.
Publication of the proposed rule by the Department of the Interior
(Department) provides the public an opportunity to participate in the
rulemaking process. Interested persons may submit written comments
regarding the proposed rule to the location identified in the Addresses
section of this document.
Executive Order 12778
The Department has certified to the Office of Management and Budget
(OMB) that this rule meets the applicable standards provided in
sections 2(a) and 2(b)(2) of Executive Order 12778.
Executive Order 12866
This rule is not a significant regulatory action under Executive
Order 12866 and does not require review 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. This rule does not pertain to
``taking'' of private property interests, nor does it impact 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 pursuant to 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
Sections 21.3 and 21.4 contain information collection requirements.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)),
the Department of the Interior has submitted a copy of these sections
to the Office of Management and Budget (OMB) for its review.
The Bureau of Indian Affairs may enter into agreements with state,
county, or other Federal agencies to provide welfare services for
Indians. The information collected will be used to determine the amount
of funds necessary to provide services for Indians within specified
service areas. It will detail the services to be rendered and a plan
for the expenditure of funds by the contractor. The information
collected will also be used to measure performance of the contractor
and plan future services.
No similar agreement specific information pertaining to welfare
services for Indians is collected by the Bureau of Indian Affairs or
any other Federal agency. Since tribal circumstances vary from one
location to another, no information is available which can be used to
contract this service.
The information to be collected from third parties is the same
information that a state, county, or other Federal agency would
otherwise collect in the provision of welfare services.
The estimate of total burden hours is based upon staff expertise in
the program area responsible for the management of welfare services
budgets.
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Total Burden Annual
CFR section Number of Frequency annual hours per burden Cost to
respondents of response responses response hours respondents
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21.3.............................. 50 1 1 16 16 $400
21.4.............................. 50 5 1 32 32 800
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Organizations and individuals desiring to submit comments on the
information collection requirement should direct them to the Office of
Information and Regulatory Affairs, OMB, Room 10202, New Executive
Office Building, Washington, DC 20503; Attention: Desk Officer for the
U.S. Department of the Interior.
The Department considers comments by the public on this proposed
collection of information in:
Evaluating whether the proposed collection of information is
necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
Evaluating the accuracy of the Department's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
Enhancing the quality, usefulness, and clarity of the information
to be collected; and
Minimizing the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other collection techniques or other forms
of information technology.
OMB is required to make a decision concerning the collection of
information contained in these proposed regulations between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to the OMB is best assured of having its full
effect if OMB receives it within 30 days of publication. This does not
affect the deadline for the public to comment to the Bureau of Indian
Affairs on the proposed regulations.
Drafting Information: The primary author of this document was
Larry Blair, Division of Social Services, Bureau of Indian Affairs,
Department of the Interior.
[[Page 33878]]
List of Subjects in 25 CFR Part 21
Indians, Indians--welfare contracts.
For the reasons given in the preamble, part 21 of title 25, chapter
I of the Code of Federal Regulations is proposed to be revised as set
forth below.
PART 21--SOCIAL WELFARE ARRANGEMENTS WITH STATES OR OTHER AGENCIES
Sec.
21.1 Who may negotiate agreements with States, Counties, and other
Federal agencies?
21.2 Who may sign agreements for the relief of distress and social
welfare of Indians?
21.3 What must the State, County, or other Federal welfare agency
provide?
21.4 What standards must welfare service providers meet?
21.5 What will the Bureau provide?
21.6 What information is collected?
21.7 Definitions.
Authority: 25 U.S.C. 454.
Sec. 21.1 Who may negotiate agreements with States, Counties, and
other Federal agencies?
The Secretary may negotiate with State, county, or other Federal
welfare agencies to provide welfare services for Indians within a
particular State and within the exterior boundaries of Indian
reservations or on trust or restricted lands that are under the
jurisdiction of the Bureau of Indian Affairs.
Sec. 21.2 Who may sign agreements for the relief of distress and
social welfare of Indians?
The proper officer of the State, county, or other Federal welfare
agency must sign agreements to provide welfare services. Evidence of
the officer's authority must accompany the agreement. Agreements to
provide welfare services are not effective until the Secretary approves
and signs them.
Sec. 21.3 What must the State, County, or other Federal welfare agency
provide?
(a) Plan of operation. A plan of operation describing the services
and assistance to be rendered and a budget showing the plan of
expenditures of funds must be submitted with the agreement. No change
in the plan of operation may be made without the Secretary's prior
approval.
(b) Financial statements. Thirty days after the close of each
fiscal year, a detailed financial statement showing all expenditures
must be submitted to the Secretary. Any deviations from the approved
plan of operation must be explained and the records of the contractor
must remain available for inspection by representatives of the Bureau
of Indian Affairs.
Sec. 21.4 What standards must welfare service providers meet?
(a) Service. The standards of aid, care, and service for Indians
can be no less than the standards for other clients requiring similar
aid, care, and services.
(b) Personnel. Unless the Secretary has agreed otherwise, the
personnel employed for provision of public welfare services to Indians
are subject to the contractor's merit system and the approval of the
Secretary and local welfare authorities.
Sec. 21.5 What will the Bureau of Indian Affairs provide?
(a) Cooperative services. The Bureau will maintain cooperative
services at the local level.
(b) Government property and facilities. The agreement must specify
the terms under which the contractor may use Federal property,
facilities and equipment. Agreements that allow use of Federal
automobiles must require the contractor be responsible for damage or
injury to property or persons and to return the equipment in good
condition. The contractor must carry sufficient insurance and expressly
relieve the Federal Government of any and all liability for any
personal injury or property damages.
Sec. 21.6 What information is collected?
The information collection requirements contained in Sec. 21.3 will
be approved by the Office of Management and Budget as required by 44
U.S.C. 1320 et seq. The information collected in the plan of operation
will be used to determine how contract funds are utilized and to
measure performance of the contractor and plan for future agreements .
The information collected in the financial statement will be used to
determine the adequacy of services and utilization of the budget
provided to the contractor. A response is required to obtain a benefit.
Sec. 21.7 Definitions.
Must means a mandatory or imperative act or requirement.
Secretary means the Secretary of the Interior.
Dated: June 6, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-16038 Filed 6-28-96; 8:45 am]
BILLING CODE 4310-02-P
