15674 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations

were inadvertently omitted from the

Text of Amendments.

Correction of Publication

Accordingly, the publication on

March 20, 1995 of the final rule [Release

No. 34–35483], which was the subject of

FR Doc. 95–6696, is corrected as

follows:

§ 200.30–5 [Amended]

1. On Page 14628, in the third

column, amendatory instruction 31a is

added to read as follows: ‘‘31a. Section

200.30–5 is amended by removing

paragraph (f)(5) and redesignating

paragraphs (f)(6), (f)(7), (f)(8) and (f)(9)

as paragraphs (f)(5), (f)(6), (f)(7) and

(f)(8).’’

Dated: March 21, 1995.

Margaret H. McFarland,

Deputy Secretary.

FR Doc. 95–7394 Filed 3–24–95; 8:45 am]

BILLING CODE 8010–01–M

DEPARTMENT OF JUSTICE

28 CFR Part 0

[AG Order No. 1958–95]

Authority of United States Attorneys

To Compromise and Close Civil Claims

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: This rule increases the United

States Attorneys’ settlement authority in

civil matters. It also inserts appropriate

references to the Associate Attorney

General as an official with certain

decisionmaking authority and to whom

certain reports are to be made. This rule

is being promulgated to increase

Department efficiency.

EFFECTIVE DATE: March 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Juliet A. Eurich, Legal Counsel,

Executive Office for U.S. Attorneys,

Department of Justice, Main Building,

Room 1643, 10th & Pennsylvania

Avenue NW., Washington, DC 20530;

telephone (202) 514–4024.

SUPPLEMENTARY INFORMATION: In subpart

Y of 28 CFR part 0, the Attorney General

has delegated to the various Assistant

Attorneys General certain of her

authority to compromise and close civil

claims. Section 0.168(d) authorizes the

various Assistant Attorneys General to

redelegate certain of that authority to

United States Attorneys. They have

done so in various directives reprinted

as appendices to subpart Y.

This rule increases the dollar value of

claims that may be settled by United

States Attorneys. This change is

occasioned in part by the increase in the

value of the claims brought by and

against the United States.

This rule also inserts appropriate

references to the Associate Attorney

General as an official with certain

decisionmaking authority in this area

and to whom certain reports are to be

made.

This rule furthers the efficient

operation of the Department of Justice

and advances the goals of civil justice

reform and alternative dispute

resolution.

As a regulation related to internal

Department of Justice management, this

rule may become effective without

provision for public comment pursuant

to 5 U.S.C. 553(b)(A). This rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866

and, accordingly, it has not been

reviewed by the Office of Management

and Budget. Pursuant to 5 U.S.C. 605(b),

the Attorney General certifies that this

rule will not have a significant adverse

economic impact on a substantial

number of small business entities.

List of Subjects in 28 CFR Part 0

Authority delegations (government

agencies), Government employees,

Organization and functions (government

agencies), Whistleblowing.

For the reasons set forth in the

preamble, subpart Y of part 0 of chapter

I of Title 28 of the Code of Federal

Regulations is amended as follows:

PART 0—ORGANIZATION OF THE

DEPARTMENT OF JUSTICE

Subpart Y—Authority To Compromise

and Close Civil Claims and

Responsibility for Judgments, Fines,

Penalties, and Forfeitures

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.

2. Section 0.160 is revised to read as

follows:

§ 0.160 Offers that may be accepted by

Assistant Attorneys General.

(a) Subject to the limitations set forth

in paragraph (c) of this section,

Assistant Attorneys General are

authorized, with respect to matters

assigned to their respective divisions,

to:

(1) Accept offers in compromise of

claims asserted by the United States in

all cases in which the difference

between the gross amount of the original

claim and the proposed settlement does

not exceed $2,000,000 or 15 percent of

the original claim, whichever is greater;

(2) Accept offers in compromise of, or

settle administratively, claims against

the United States in all cases in which

the principal amount of the proposed

settlement does not exceed $2,000,000;

and

(3) Accept offers in compromise in all

nonmonetary cases.

(b) Subject to the limitations set forth

in paragraph (c) of this section, the

Assistant Attorney General, Tax

Division, is further authorized to accept

offers in compromise of, or settle

administratively, claims against the

United States, regardless of the amount

of the proposed settlement, in all cases

in which the Joint Committee on

Taxation has indicated that it has no

adverse criticism of the proposed

settlement.

(c) Any proposed settlement,

regardless of amount or circumstances,

must be referred to the Deputy Attorney

General or the Associate Attorney

General, as appropriate:

(1) When, for any reason, the

compromise of a particular claim

would, as a practical matter, control or

adversely influence the disposition of

other claims and the compromise of all

the claims taken together would exceed

the authority delegated by paragraph (a)

of this section; or

(2) When the Assistant Attorney

General concerned is of the opinion that

because of a question of law or policy

presented, or because of opposition to

the proposed settlement by a

department or agency involved, or for

any other reason, the proposed

settlement should receive the personal

attention of the Deputy Attorney

General or the Associate Attorney

General, as appropriate;

(3) When the proposed settlement

converts into a mandatory duty the

otherwise discretionary authority of a

department or agency to promulgate,

revise, or rescind regulations;

(4) When the proposed settlement

commits a department or agency to

expend funds that Congress has not

appropriated and that have not been

budgeted for the action in question, or

commits a department or agency to seek

particular appropriation or budget

authorization; or

(5) When the proposed settlement

otherwise limits the discretion of a

department or agency to make policy or

managerial decisions committed to the

department or agency by Congress or by

the Constitution.

3. Section 0.161 is revised to read as

follows:
Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations 15675

§ 0.161 Acceptance of certain offers by the

Deputy Attorney General or Associate

Attorney General, as appropriate.

(a) In all cases in which the

acceptance of a proposed offer in

compromise would exceed the authority

delegated by § 0.160, the Assistant

Attorney General concerned shall, when

he is of the opinion that the proposed

offer should be accepted, transmit his

recommendation to that effect to the

Deputy Attorney General or the

Associate Attorney General, as

appropriate.

(b) The Deputy Attorney General or

the Associate Attorney General, as

appropriate, is authorized to exercise

the settlement authority of the Attorney

General as to all claims asserted by or

against the United States.

4. Section 0.164 is revised to read as

follows:

§ 0.164 Civil claims that may be closed by

Assistant Attorneys General.

Assistant Attorneys General are

authorized, with respect to matters

assigned to their respective divisions, to

close (other than by compromise or by

entry of judgment) claims asserted by

the United States in all cases in which

they would have authority to accept

offers in compromise of such claims

under § 0.160(a), except:

(a) When for any reason, the closing

of a particular claim would, as a

practical matter, control or adversely

influence the disposition of other claims

and the closing of all the claims taken

together would exceed the authority

delegated by this section; or

(b) When the Assistant Attorney

General concerned is of the opinion that

because of a question of law or policy

presented, or because of opposition to

the proposed closing by the department

or agency involved, or for any other

reason, the proposed closing should

receive the personal attention of the

Attorney General, the Deputy Attorney

General or the Associate Attorney

General, as appropriate.

5. Section 0.165 is revised to read as

follows:

§ 0.165 Recommendations to the Deputy

Attorney General or Associate Attorney

General, as appropriate, that certain claims

be closed.

In all cases in which the closing of a

claim asserted by the United States

would exceed the authority delegated by

§§ 0.160(a) and 0.164, the Assistant

Attorney General concerned shall, when

he is of the opinion that the claim

should be closed, transmit his

recommendation to that effect, together

with a report on the matter, to the

Deputy Attorney General or the

Associate Attorney General, as

appropriate, for review and final action.

Such report shall be in such form as the

Deputy Attorney General or the

Associate Attorney General may require.

6. Section 0.168 is revised to read as

follows:

§ 0.168 Redelegation by Assistant

Attorneys General.

(a) Assistant Attorneys General are

authorized, with respect to matters

assigned to their respective divisions, to

redelegate to subordinate division

officials and United States Attorneys

any of the authority delegated by

§§ 0.160 (a) and (b), 0.162, 0.164, and

0.172(b), except that any disagreement

between a United States Attorney or

other Department attorney and a client

agency over a proposed settlement that

cannot be resolved below the Assistant

Attorney General level must be

presented to the Assistant Attorney

General for resolution.

(b) Redelegations of authority under

this section shall be in writing and shall

be approved by the Deputy Attorney

General or the Associate Attorney

General, as appropriate, before taking

effect.

(c) Existing delegations and

redelegations of authority to subordinate

division officials and United States

Attorneys to compromise or close civil

claims shall continue in effect until

modified or revoked by the respective

Assistant Attorneys General.

(d) Subject to the limitations set forth

in § 0.160(c) and paragraph (a) of this

section, redelegations by the Assistant

Attorneys General to United States

Attorneys may include the authority to:

(1) Accept offers in compromise of

claims asserted by the United States in

all cases in which the gross amount of

the original claim does not exceed

$5,000,000 and in which the difference

between the original claim and the

proposed settlement does not exceed

$1,000,000; and

(2) Accept offers in compromise of, or

settle administratively, claims against

the United States in all cases in which

the principal amount of the proposed

settlement does not exceed $1,000,000.

Dated: March 21, 1995.

Janet Reno,

Attorney General.

[FR Doc. 95–07460 Filed 3–24–95; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 943

Texas Permanent Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of proposed

amendment.

SUMMARY: OSM is announcing its

decision to approve, with certain

additional requirements, a proposed

amendment to the Texas permanent

regulatory program (hereinafter, the

Texas program) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consisted of changes to

Texas’ existing rules pertaining to

identification of interests and

compliance information, review of

permit applications, criteria for permit

approval or denial, and Railroad

Commission of Texas (Commission)

review of outstanding permits. The

amendment was intended to revise the

Texas program to be consistent with the

corresponding Federal regulations.

EFFECTIVE DATE: March 27, 1995.

FOR FURTHER INFORMATION CONTACT:

James H. Moncrief, telephone: (918)

581–6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Program.

II. Proposed Amendment.

III. Director’s Findings.

IV. Summary and Disposition of Comments.

V. Director’s Decision.

VI. Procedural Determinations.

I. Background on the Texas Program

On February 16, 1980, the Secretary of

the Interior conditionally approved the

Texas program. General background

information on the Texas program

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Texas

program can be found in the February

27, 1980, Federal Register (45 FR

12998). Subsequent actions concerning

the Texas program and program

amendments are codified at 30 CFR

943.15 and 943.16.

II. Proposed Amendment

By letter dated May 24, 1994

(Administrative Record No. TX–576),

Texas submitted to OSM a proposed

amendment to its program pursuant to

SMCRA. Texas submitted the proposed

amendment in response to the required

amendments codified at 30 CFR 943.16