[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. ---------------------------------------------------------------------------------------------------------------- Total Burden Annual CFR section Number of Frequency annual hours per burden Cost to respondents of response responses response hours respondents ---------------------------------------------------------------------------------------------------------------- 21.3.............................. 50 1 1 16 16 $400 21.4.............................. 50 5 1 32 32 800 ---------------------------------------------------------------------------------------------------------------- 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