[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70122-70124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28947]
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DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 0
[AG Order No. 3229-2010]
Office of Tribal Justice
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule will amend part 0 of title 28 of the Code of Federal
Regulations to reflect the establishment of the Office of Tribal
Justice as a distinct component of the Department of Justice. The
Office of Tribal Justice was created by the Attorney General to provide
a channel for Tribes to communicate their concerns to the Department,
to help coordinate policy on Indian affairs both within the Department
and with other Federal agencies, and to ensure that the Department and
its components work with Tribes on a government-to-government basis.
This rule, which sets forth the Office's organization, mission and
functions, amends the Code of Federal Regulations in order to reflect
accurately the Department's internal management structure.
DATES: Effective Date: November 17, 2010.
FOR FURTHER INFORMATION CONTACT: Tracy Toulou, Director, Office of
Tribal Justice, U.S. Department of Justice, RFK Main Justice Building,
Room 2318, 950 Pennsylvania Avenue, NW., Washington, DC 20530.
Telephone: (202) 514-8812.
SUPPLEMENTARY INFORMATION:
Background
In 1995 the Attorney General established the Office of Tribal
Justice (OTJ) to provide a principal point of contact within the
Department of Justice to listen to the concerns of Indian tribes and
other parties interested in Indian affairs and to communicate the
Department's policies to the Tribes and the public; to promote internal
uniformity of Department of Justice policies and litigation positions
relating to Indian country; and to coordinate with other Federal
agencies and with State and local governments on their initiatives in
Indian country. On November 5, 2009, the President directed all Federal
agencies to develop a consultation and coordination policy that ensures
effective communication with Tribes. The Director of OTJ, in
consultation with Tribes and with other Department components,
developed the Department's comprehensive plan in response to the
President's directive, and is designated as the Department official
responsible for following through on the plan and reporting
requirements associated with the President's directive. The Director of
OTJ also is the Department official responsible for certifying to the
Office of Management and Budget that the requirements of Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, have been met with regard to any regulation or legislation
proposed by the Department.
On July 29, 2010, President Obama signed into law the Tribal Law
and Order Act of 2010, Public Law 111-211. Section 214 of the Tribal
Law and Order Act amends title I of the Indian Tribal Justice Technical
and Legal Assistance Act of 2000, to provide that ``[n]ot later than 90
days after the date of enactment of the Tribal Law and Order Act of
2010, the Attorney General shall establish the Office of Tribal Justice
as a component of the Department.'' This rule implements fully that
statutory directive.
Administrative Procedure Act 5 U.S.C. 553
This rule is a rule of agency organization and procedure, and
relates to the internal management of the Department of Justice. It is
therefore exempt from the requirements of notice and comment and a
delayed effective date. 5 U.S.C. 553(b), (d).
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this rule and by approving it
certifies that this rule will not have a significant economic impact on
a substantial number of small entities because it pertains to personnel
and administrative matters affecting the Department. Further, a
Regulatory Flexibility Analysis was not required to be prepared for
this final rule since the Department was not required to publish a
general notice of proposed rulemaking for this matter.
Executive Order 12866
This action has been drafted and reviewed in accordance with
Executive
[[Page 70123]]
Order 12866, Regulatory Planning and Review, Sec. 1(b), Principles of
Regulation. This rule is limited to agency organization, management,
and personnel as described by Executive Order 12866 Sec. 3(d)(3) and,
therefore, is not a ``regulation'' or ``rule'' as defined by that
Executive Order. Accordingly, this action has not been reviewed by the
Office of Management and Budget.
Federalism
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with Executive Order
12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 13175--Tribal Consultation
Congress actively sought the input of Indian Tribes and Tribal
organizations in developing the Tribal Law and Order Act of 2010,
Public Law 111-211. As a result of that Congressional consultation, the
Act includes a requirement that the Office of Tribal Justice be
established as a component of the Department of Justice. This action
merely amends title 28 of the Code of Federal Regulations to reflect
the establishment of the Office of Tribal Justice as a Department
component consistent with Tribal input to Congress. Therefore, no
consultation with Tribes is required under Executive Order 13175.
Executive Order 12988--Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1955
This rule will not result in the expenditure by State, local and
Tribal governments, in the aggregate, or by the private sector of
$100,000,000 or more in any one year, and it does not create
requirements that might significantly or uniquely affect small
governments. Therefore, no actions were deemed necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of non-agency parties and, accordingly, is not a ``rule''
as that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)).
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
Plain Language Instructions
We try to write clearly. Suggestions about how to improve the
clarity of this rule may be submitted in writing to Tracy Toulou,
Director, Office of Tribal Justice.
List of Subjects in 28 CFR Part 0
Authority delegation (Government agencies), Government employees,
Organization and functions (Government agencies), Privacy, Reporting
and recordkeeping requirements, Whistleblowing.
0
Accordingly, by virtue of the authority vested in me as Attorney
General, including 5 U.S.C. 301 and 28 U.S.C. 509, 510, part 0 of title
28 of the Code of Federal Regulations is amended as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
0
1. The authority citation for part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
0
2. Revise Sec. 0.1 by adding at the end of the list under ``Offices''
the title ``Office of Tribal Justice''.
Subpart W-1--[Redesignated as Subpart W-2]
0
3. Redesignate subpart W-1 as subpart W-2.
0
4. Add a new subpart W-1 to read as follows:
Subpart W-1--Office of Tribal Justice
Sec. 0.134 Office of Tribal Justice.
(a) Organization. The Office of Tribal Justice is headed by a
Director appointed by the Attorney General. The Director shall be
responsible to, and report directly to, the Deputy Attorney General and
the Associate Attorney General and shall be a member of the Senior
Executive Service.
(b) Mission. The mission of the Office of Tribal Justice shall be
to provide a principal point of contact within the Department of
Justice to listen to the concerns of Indian Tribes and other parties
interested in Indian affairs and to communicate the Department's
policies to the Tribes and the public; to promote internal uniformity
of Department of Justice policies and litigation positions relating to
Indian country; and to coordinate with other Federal agencies and with
State and local governments on their initiatives in Indian country.
(c) Function. Subject to the general supervision and direction of
the Deputy Attorney General and the Associate Attorney General, the
Office of Tribal Justice shall:
(1) Serve as the program and legal policy advisor to the Attorney
General with respect to the treaty and trust relationship between the
United States and Indian Tribes;
(2) Serve as the Department's initial and ongoing point of contact,
and as the Department's principal liaison, for Federally recognized
Tribal governments and Tribal organizations;
(3) Coordinate the Department's activities, policies, and positions
relating to Indian Tribes, including the treaty and trust relationship
between the United States and Indian Tribes;
(4) Ensure that the Department and its components work with Indian
Tribes on a government-to-government basis;
(5) Collaborate with Federal and other government agencies to
promote consistent, informed government-wide policies, operations, and
initiatives related to Indian Tribes;
(6) Serve as a clearinghouse for coordination among the various
components of the Department on Federal Indian law issues, and with
other Federal agencies on the development of policy or Federal
litigation positions involving Indians and Indian Tribes;
(7) Coordinate with each component of the Department to ensure that
each component of the Department has an accountable process to ensure
meaningful and timely consultation with Tribal leaders in the
development of regulatory policies and other actions that affect the
trust responsibility of the United States to Indian Tribes, any Tribal
treaty provision, the status of Indian Tribes as sovereign governments,
or any other Tribal interest.
(8) Ensure that the consultation process of each component of the
Department is consistent with Executive Order 13175 and with the
Department's consultation policy;
(9) Serve, through its Director, as the official responsible for
implementing the Department's Tribal consultation policy and for
certifying compliance with Executive Order 13175 to the Office of
Management and Budget; and
(10) Perform such other duties and assignments as deemed necessary
from time to time by the Attorney General,
[[Page 70124]]
the Deputy Attorney General, or the Associate Attorney General.
Dated: November 10, 2010.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2010-28947 Filed 11-16-10; 8:45 am]
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