[Federal Register: November 15, 2006 (Volume 71, Number 220)]
[Rules and Regulations]
[Page 66432-66434]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no06-2]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1400
RIN 0560-AH67
Definition of Indian Tribe for Payment Eligibility and Payment
Limitation
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Final rule.
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SUMMARY: This rule amends the regulations of the Commodity Credit
Corporation (CCC) governing payment limitation and payment eligibility
and the limitation on the maximum allowable adjusted gross income (AGI)
for program participants. Currently, 7 CFR part 1400, subpart G,
exempts Indian tribes from all requirements of the AGI limitation for
payment eligibility without providing a definition of Indian tribe.
This rule defines ``Indian tribe'' consistent with the definition used
by the United States Department of the Interior, Bureau of Indian
Affairs (BIA), and other rules utilized by CCC, FSA and the Natural
Resources Conservation Service (NRCS) in their programs.
DATES: This rule is effective on November 15, 2006.
FOR FURTHER INFORMATION CONTACT: James Baxa, Production, Emergencies
and Compliance Division, United States Department of Agriculture
(USDA), Stop 0517, 1400 Independence Ave., SW., Washington, DC 20250-
0517. Telephone: (202) 720-7641. Electronic mail:
James.Baxa@wdc.usda.gov.
Persons with disabilities who require alternative means for
communication (Braille, large print, audio tape, etc.) should contact
the USDA Target Center at (202) 720-2600 (voice and TDD).
SUPPLEMENTARY INFORMATION:
Notice and Comment
Section 1601(c) of the Farm Security and Rural Investment Act of
2002 (the 2002 Act) provides that the regulations needed to implement
Title I of the 2002 Act, including those involved here, are to be
promulgated without regard to the notice and comment provisions of 5
U.S.C. 553 or the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971, (36 FR 13804) relating to
[[Page 66433]]
notices of proposed rulemaking and public participation in rulemaking.
Background
Subpart G of 7 CFR part 1400 was promulgated to implement the
requirements of 7 U.S.C. 1308-3a (68 FR 33341). This statute and the
rule prohibit CCC or FSA program payments from being paid to any
program participant if their income exceeds a certain level--
established in the law at an ``adjusted gross income'' of $2.5 million.
Since the statute, continually and throughout, refers explicitly to
``individual or entity'' CCC provided an exception to the maximum AGI
requirement in 7 CFR 1400.600(g) by expressly excluding from the rule's
coverage, ``Payments to States, counties, political subdivisions and
agencies thereof, and Indian tribes.'' However, while these regulations
refer to ``American Indian'' and ``Indian tribal venture'' at 7 CFR
1400.100, part 1400 contains no definition of ``Indian tribe'' nor a
cross-reference to an applicable definition in another regulation.
Indian tribes have been developing the agricultural lands that they
own as a source of economic and social benefits for the tribes and
their members. The United States, under its trust responsibilities and
the unique government to government relationship with Indian tribes,
provides various forms of assistance to Indian tribes and its members.
One means of economic assistance from the United States government on
agricultural lands is use of farm programs established by Congress and
implemented by various agencies of USDA. An Indian tribe and its
members, as holders of agricultural lands, may participate in such
programs the same as any other producer and owner of domestic
agricultural lands.
This rule adds a definition of ``Indian tribe'' to 7 CFR 1400.3
consistent with that used by other government agencies. See, for
example, the definition at 25 U.S.C. 3703(10). The change will reduce
confusion as to types of organizations that qualify for the exemption
in 7 CFR 1400.600(g) that was intended only for Indian tribes. Also,
this rule will reduce the likelihood that this exemption will be
applied to a group that was not intended to be exempt from the AGI
requirements.
Executive Order 12866
This final rule has been determined to be not significant under
Executive Order 12866 and has been reviewed by the Office of Management
and Budget (OMB).
Federal Assistance Programs
This final rule has a potential impact on all programs listed in
the Catalog of Federal Domestic Assistance in the Agency Program Index
under the Department of Agriculture, Farm Service Agency and Natural
Resources Conservation Service. Other assistance programs are also
impacted.
Regulatory Flexibility Act
The Regulatory Flexibility Act is not applicable to this rule
because the Commodity Credit Corporation (CCC) is not required by 5
U.S.C. 553 or any other law to publish a notice of proposed rulemaking
for the subject matter of this rule.
Environmental Assessment
The environmental impacts of this rule have been considered
consistent with the National Environmental Policy Act of 1969 (NEPA),
42 U.S.C. 4321 et seq., the regulations of the Council on Environmental
Quality (40 CFR parts 1500-1508), and regulations of the Farm Service
Agency (FSA) of the Department of Agriculture (USDA) for compliance
with NEPA, 7 CFR part 799. An Environmental Evaluation was completed
and the proposed action has been determined not to have the potential
to significantly impact the quality of the human environment and no
environmental assessment or environmental impact statement is
necessary. A copy of the environmental evaluation is available for
inspection and review upon request.
Executive Order 12778
This rule has been reviewed under Executive Order 12778. This rule
preempts State laws that are inconsistent with it; however, this rule
is not retroactive. Before judicial action may be brought concerning
this rule, all administrative remedies must be exhausted.
Executive Order 12372
This program is not subject to Executive Order 12372, which
requires intergovernmental consultation with State and local officials.
See the notice related to 7 CFR part 3015, subpart V, published at 48
FR 29115 (June 24, 1983).
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) does
not apply to this rule because CCC was not required by 5 U.S.C. 553 or
any other law to publish a notice of proposed rulemaking for the
subject matter of this rule. Also, this rule contains no mandates as
defined in sections 202 and 205 of UMRA.
Paperwork Reduction Act
Section 1601(c) of the 2002 Act provides that the promulgation of
regulations and the administration of Title I of the 2002 Act shall be
done without regard to chapter 5 of title 44 of the United States Code
(the Paperwork Reduction Act). Accordingly, these regulations and the
forms and other information collection activities needed to administer
the program authorized by these regulations are not subject to review
by the Office of Management and Budget under the Paperwork Reduction
Act.
Government Paperwork Elimination Act
FSA is committed to compliance with the Government Paperwork
Elimination Act (GPEA) and the Freedom to E-File Act, which require
Government agencies in general and FSA in particular to provide the
public the option of submitting information or transacting business
electronically to the maximum extent possible. The form that applicants
will use to certify their payment eligibility has been developed for
on-line use.
E-Government Act Compliance
CCC is committed to complying with the E-Government Act to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes. For information pertinent to E-
GOV compliance related to this rule, please contact the person named
above under the information contact section.
List of Subjects in 7 CFR Part 1400
Agriculture, Price support programs, Reporting and recordkeeping
requirements.
0
For the reasons stated in the preamble, 7 CFR part 1400 is amended as
follows:
PART 1400--PAYMENT LIMITATION AND PAYMENT ELIGIBILITY
0
1. The authority section for part 1400 continues to read as follows:
Authority: 7 U.S.C. 1308 et seq.
0
2. Section 1400.3 (b) is amended by adding a definition of ``Indian
tribe'' in alphabetical order to read as follows:
Sec. 1400.3 Definitions.
* * * * *
(b) * * *
Indian tribe means any Indian tribe, band, nation, pueblo, or other
organized
[[Page 66434]]
group or community, including any Alaska Native village or regional
corporation as defined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
* * * * *
Signed in Washington, DC, on October 25, 2006.
Thomas B. Hofeller,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. E6-19245 Filed 11-14-06; 8:45 am]
BILLING CODE 3410-05-P