[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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