SUPPLEMENTARY INFORMATION:

The regulations promulgated by the Department of the Interior in 25 CFR part 1200 describe, among other things, the processes by which Indian tribes can manage tribal funds currently held in trust by the United States under the American Indian Trust Fund Management Reform Act. The regulations contain references to organizations, positions, and addresses that changed in 2003. We are updating these regulations to correct the references and to make other minor editorial changes to improve clarity.

Determination To Issue a Final Rule

The Department 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. Because this amendment makes only minor editorial changes, no public comment is necessary.

Determination To Make Rule Effective Immediately

Because this amendment makes only minor editorial changes, the Department ( printed page 15339) has determined it appropriate to make the rule effective immediately by waiving the requirement of publication 30 days in advance of the effective date found at 5 U.S.C. 553(d). It is in the public interest and in the interest of the Indian tribes not to delay implementation of this amendment. Accordingly, this amendment is issued as a final rule effective immediately.

Compliance With Laws and Executive Orders

The Department has determined that this rule complies with all requirements of the following laws and Executive Orders:

(1) Executive Order 12866 (Regulatory Planning and Review);

(2) Regulatory Flexibility Act (5 U.S.C. 601, et seq.);

(3) Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2));

(4) Unfunded Mandates Reform Act (2 U.S.C. 1531, et seq.);

(5) Executive Order 12630 (Takings);

(6) Executive Order 13132 (Federalism);

(7) Executive Order 12988 (Civil Justice Reform);

(8) Executive Order 13175 (Consultation with Indian tribes);

(9) Paperwork Reduction Act (44 U.S.C. 3501, et seq.); and

(10) National Environmental Policy Act (42 U.S.C. 4321-4347).

For the reasons set forth in the preamble, part 1200 of title 25 of the Code of Federal Regulations is amended as follows:

1. The authority for part 1200 continues to read as follows:

Authority: 25 U.S.C. 4001.

2. Section 1200.2 is amended by:

A. Removing the definition of “Area Director”;

B. Removing the definition of “OTFM”; and

C. Adding in alphabetical order a definition of “Fiduciary Trust Officer” and “Regional Director” to read as follows:

3. Revise § 1200.6 to read as follows:

4. Section 1200.7 is amended by:

A. Redesignating the three sentences in the section as paragraphs (a), (b), and (c); and

B. Revising redesignated paragraph (a) to read as follows:

5. In § 1200.13, the first and third sentences are revised to read as follows:

6. Section 1200.14 is amended by removing paragraphs (j)(1) and (j)(2) and revising paragraph (j) to read as follows:

7. Amend 1200.15(b) by removing the word “area” and adding the word “regional” in its place.