21086 Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Rules and Regulations

the applicable fits and clearances section of

the engine manual.

(2) An HPT overhaul is defined as

restoration of the HPT module stage 1 and 2

blade tip clearances to the limits specified in

the applicable fits and clearances section of

the engine manual.

Alternative Methods of Compliance

(k) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Engine

Certification Office (ECO). Operators shall

submit their requests through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

ECO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the ECO.

Special Flight Permits

(l) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

Effective Date

(m) This amendment becomes effective

May 14, 2001.

Issued in Burlington, Massachusetts on

April 20, 2001.

Francis A. Favara,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 01–10463 Filed 4–26–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 24

[T.D. 01–34]

RIN 1515–AC82

Amended Procedure for Refunds of

Harbor Maintenance Fees Paid on

Exports of Merchandise

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Interim regulations; correcting

amendment.

SUMMARY: This document contains

corrections to the interim regulations

(T.D. 01–25), which were published in

the Federal Register on March 28, 2001.

The interim regulations provide a new

procedure for requesting refunds of

harbor maintenance fees that were paid

on exports. The correction involves the

address to which refund requests for all

quarterly paid harbor maintenance fees

must be sent.

DATES: Effective on March 28, 2001.

FOR FURTHER INFORMATION CONTACT:

Deborah Thompson, Accounts

Receivable Branch, Accounting Services

Division, (317) 298–1200 (ext. 4003).

SUPPLEMENTARY INFORMATION:

Background

Interim regulations providing a new

procedure for requesting refunds of

harbor maintenance fees that were paid

on exports were published as T.D. 01–

25 in the Federal Register (66 FR 16854)

on Wednesday, March 28, 2001. The

interim regulation amended

§ 24.24(e)(4), Customs Regulations (19

CFR 24.24(e)(4)). An error was

contained in paragraphs (e)(4)(i) and

(e)(4)(ii)(A) of § 24.24 regarding the zip

code in the address to send requests for

refunds for harbor maintenance fees

paid on both export and non-export

movements. This document corrects

that error. The correct address to send

requests for quarterly paid harbor

maintenance fee refunds is: U.S.

Customs Service, HMT Refunds, 6026

Lakeside Blvd., Indianapolis, IN 46278.

List of Subjects in 19 CFR Part 24

Accounting, Claims, Customs duties

and inspection, Fees, Financial and

accounting procedures, Imports, Taxes,

User Fees.

Amendment to the Regulations

For the reasons stated in the

preamble, part 24 of the Customs

Regulations (19 CFR part 24) is

corrected as follows:

PART 24—CUSTOMS FINANCIAL AND

ACCOUNTING PROCEDURE

1. The authority citation for part 24

continues to read in part as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 58a—

58c, 66,1202 (General Note 22, Harmonized

Tariff Schedule of the United States), 1505,

1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 9701.

* * * * *

2. Section 24.24 is amended by

revising the third sentence of paragraph

(e)(4)(i) and the first sentence of

paragraph (e)(4)(ii)(A) to read as follows:

§ 24.24 Harbor maintenance fee.

(e) * * *

(4) * * *

(i) A refund request should be mailed

to: U.S. Customs Service, HMT Refunds,

6026 Lakeside Blvd., Indianapolis,

Indiana 46278. * * *

(ii) * * *

(A) For export fee payments made

prior to July 1, 1990, the exporter (the

name that appears on the SED or

equivalent documentation authorized

under 15 CFR 30.39(b)) or its agent must

submit a letter of request for a refund to

the U.S. Customs Service, HMT

Refunds, 6026 Lakeside Blvd.,

Indianapolis, IN 46278, specifying the

grounds for the refund and identifying

the specific payments made. * * *

* * * * *

Dated: April 23, 2001.

Stuart P. Seidel,

Assistant Commissioner, Office of

Regulations and Rulings.

[FR Doc. 01–10484 Filed 4–26–01; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 183

RIN: 1076–AE10

Use and Distribution of the San Carlos

Apache Tribe Development Trust Fund

and San Carlos Apache Tribe Lease

Fund

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) is amending its regulations by

adding a new part in response to the

San Carlos Apache Tribe Water Rights

Settlement Act. The Act sets up two

funds for the benefit of the San Carlos

Apache Tribe, namely, the San Carlos

Apache Tribe Development Trust Fund

and the San Carlos Apache Tribe Lease

Fund. This regulation sets out the

criteria and processes involved in the

distribution of principal and income for

the Trust Fund and the distribution of

income accrued for the Lease Fund, as

administered by the BIA. The Act

required the Secretary to promulgate

rules no later than 30 days after

December 31, 1999. The Secretary

consulted extensively with the Tribe on

the content of the rule from January

through July 2000. Since the rule is

more than one year late in being

promulgated, the Secretary is issuing

this rule as a Final Rule that will

become effective upon publication.

DATES: This rule is effective on April 27,

2001. Comments must be received on or

before June 26, 2001.

ADDRESSES: Send comments to: Terry

Virden, Director, Office of Trust

Responsibilities, Bureau of Indian

Affairs, Attn: Branch of Irrigation and

Power, MS 3061–MIB, Code 210, 1849

C Street, NW., Washington, DC 20240;

Telephone (202) 208–5480.

FOR FURTHER INFORMATION CONTACT:

Wayne Nordwall, Regional Director,

Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Rules and Regulations 21087

Bureau of Indian Affairs, Western

Regional Office, Attn: Branch of Water

and Land Resources, P.O. Box 10,

Phoenix, Arizona 85001; Telephone

(602) 379–6789.

SUPPLEMENTARY INFORMATION: The

authority to issue this document is

vested in the Secretary of the Interior by

5 U.S.C. 301; the Act of August 14, 1914

(38 Stat. 583; 25 U.S.C. 385). The

Secretary has delegated this authority to

the Assistant Secretary—Indian Affairs

under part 209 Departmental Manual,

Chapter 8.1A and Memorandum dated

January 25, 1994, from Chief of Staff,

Department of the Interior, to Assistant

Secretaries, and Heads of Bureaus and

Offices.

Background

The San Carlos Apache Tribe Water

Rights Settlement Act (the Act), Public

Law 102–575, 106 Stat. 4740 et seq., set

up two funds for the benefit of the San

Carlos Apache Tribe (Tribe), namely,

the San Carlos Apache Tribe

Development Trust Fund (Trust Fund)

and the San Carlos Apache Tribe Lease

Fund (Lease Fund). The Act required

the Secretary of the Interior (Secretary)

to promulgate regulations to properly

administer and provide for the

distribution of principal and income

accrued to the Trust Fund. For the sake

of consistency, we are issuing

regulations that will provide, also, for

the distribution of income accrued to

the Lease Fund—though the Act did not

require this action. These regulations

were developed in consultation between

the Bureau of Indian Affairs (BIA) and

the Tribe over the time from January

through July, 2000. These consultations

were in keeping with the

Administration’s policy on governmentto-government consultations, as first

iterated by the President’s memorandum

of April 29, 1994. While this has

resulted in a longer regulation

development period—a period beyond

the statutory requirements of the Act—

the result of a cohesive, consensus

agreement as presented in the proposed

regulations significantly mitigates

against any delay in their promulgation.

A new part 183 is, therefore, being

added to title 25 of the Code of Federal

Regulations to allow for the

administration of the Trust Fund and

the Lease Fund for the benefit of the

Tribe.

Public Comments

Comments should be submitted to the

address indicated in the ADDRESSES

section of this document, where they

will be available for public inspection.

All written comments received by the

BIA, by the date indicated in the DATES

section of this document, and all other

relevant information in the record will

be carefully assessed and fully

considered.

Our practice is to make comments,

including names and home addresses of

respondents, available for public review

during regular business hours.

Individual respondents may request that

we withhold their home address from

the rulemaking record, that we will

honor to the extent allowed by law.

There also may be circumstances in that

we would withhold a respondent’s

identity from the rulemaking record, as

allowable by law. If you wish us to

withhold your name and/or address,

you must state this prominently at the

beginning of your comment. However,

we will not consider anonymous

comments. We will make all

submissions from organizations or

businesses, and from individuals

identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

Regulatory Planning and Review

(Executive Order 12866)

In accordance with the criteria in

Executive Order 12866, this rule is not

a significant regulatory action. This rule

will not have an annual economic effect

of $100 million or adversely effect an

economic sector, productivity, jobs, the

environment or other units of

government. The rule applies only to

one small Tribal community in Arizona

and is required to be promulgated by the

Secretary as a pre-requisite to the Tribe

being able to use trust funds provided

to the Tribe in its water rights

settlement act. A cost-benefit and

economic analysis was not prepared

because such analysis is irrelevant to

the right of the Tribe to have access to

this trust fund under its water rights

settlement act. This rule will not create

inconsistencies with other agencies’

actions because no other agency has any

program responsibility over the

distribution of the Tribe’s trust fund.

This rule will not materially affect

entitlements, grants, user fees, loan

programs, or the rights and obligations

of their recipients because the rule only

applies to the distribution of money

belonging to one Tribe and is required

to permit the Tribe to use its money.

This rule will not raise novel legal or

policy issues because the Secretary’s

legal and policy authority to administer

and distribute Indian trust funds is wellestablished.

Regulatory Flexibility Act

The Department of the Interior, BIA,

certifies that this rule will not have a

significant economic effect on a

substantial number of small entities as

defined under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). An initial

Regulatory Flexibility Analysis is not

required because Indian tribes are not

considered to be small entities for

purposes of this act.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule does not have an annual effect

on the economy of $100 million or more

because it applies only to one small

Tribe in Arizona. This rule will not

cause a major increase in costs or prices

for consumers, individual industries,

Federal, state or local government

agencies, or geographic regions because

it applies only to one small Tribe in

Arizona. This rule does not have

significant adverse effects on

competition, employment, investment,

productivity, innovation, or the ability

of the U.S.-based enterprises to compete

with foreign-based enterprises because

it applies only to one small Tribe in

Arizona.

Unfunded Mandates Reform Act

In accordance with the Unfunded

Mandates Reform Act (2 U.S.C. 1501, et

seq.), this rule will not produce a

Federal mandate of $100 million or

greater in any year, i.e., it is not a

‘‘significant regulatory action’’ under

the Unfunded Mandates Reform Act

because the rule applies only to one

small Tribe in Arizona. This rule will

not ‘‘significantly or uniquely’’ affect

small governments and a Small

Government Agency Plan is not

required because the rule applies only

to one small Tribe in Arizona, concerns

trust funds owned by this one small

Tribe, and is required by the Tribe’s

water rights settlement act in order for

the Tribe to use the trust funds provided

under the settlement act. Further, the

Secretary consulted extensively with the

Tribe on the proposed rule from January

through July 2000.

Takings Implication Assessment

(Executive Order 12630)

In accordance with Executive Order

12630, the rule does not have significant

takings implications. A takings

implication assessment is not required.

Nothing is taken by the Federal

Government; the rule merely provides a

process for administering this program.

Federalism (Executive Order 13132)

This rule does not have significant

Federalism effects to warrant the

21088 Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Rules and Regulations

preparation of a Federalism Assessment

under Executive Order 13132. This rule

will not have substantial direct effects

on the states, in their relationship

between the Federal Government and

the states, or on the distribution of

power and responsibilities among the

various levels of government.

Civil Justice Reform (Executive Order

12988)

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that the rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

and 3(b)(2) of the Order.

Paperwork Reduction Act

This rule contains information

collection requirements. However, this

collection comes from only one

respondent in one Tribe. The Tribal

Council of the San Carlos Apache Tribe

has sole access to the money through

submission of a spending plan and

request for funds. Therefore, it does not

meet the requirements of ‘‘ten or more

persons annually’’ as defined in the

Paperwork Reduction Act (5 CFR

1320.3(c)(4)) and need not be cleared by

the Office of Management and Budget.

National Environmental Policy Act

We have analyzed this rule in

accordance with the criteria of the

National Environmental Policy Act and

318 DM 2.2(g) and 6.3(D). This rule does

not constitute a major Federal action

significantly affecting the quality of the

human environment. An environmental

impact statement/assessment is not

required. The promulgation of this rule

is mandated by Section 3703(d) of

Public Law 102–575 and the Secretary

has no discretion that could be informed

by an environmental impact statement

or environmental statement.

Clarity of This regulation

Executive Order 12866 requires each

agency to write regulations that are easy

to understand. We invite your

comments on how to make this rule

easier to understand, including answers

to questions such as the following:

(1) Are the requirements in the rule

clearly stated?

(2) Does the rule contain technical

language or jargon that interferes with

its clarity?

(3) Does the format of the rule

(grouping and order of sections, use of

headings, paragraphing, etc.) aid or

reduce its clarity?

(4) Would the rule be easier to

understand if it were divided into more

(but shorter) sections? (A ‘‘section’’

appears in bold type and is preceded by

the symbol ‘‘§ ’’ and a numbered

heading; for example, § 183.2 What

terms do I need to know?).

(5) Is the description of the rule in the

SUPPLEMENTARY INFORMATION section of

the preamble helpful in understanding

the proposed rule? What else could we

do to make the rule easier to

understand?

Send a copy of any comments that

concern how we could make this rule

easier to understand to: Office of

Regulatory Affairs, Department of the

Interior, Room 7229, 1849 C Street NW,

Washington, DC 20240. You may also email the comments to this address:

Exsec@ios.doi.gov

Administrative Procedure Act

We are publishing this rule as a final

rule without first publishing a proposed

rule, as allowed under the good cause

exception in 5 U.S.C. section

553(b)(3)(B). Seeking public comment is

impractical, unnecessary and contrary

to the public interest for the following

reasons:

• The San Carlos Apache Tribe Water

Rights Settlement Act required us to

promulgate rules no later than 30 days

after December 31, 1999; and

• Further delaying publication of this

rule could cause financial harm to the

San Carlos Tribe.

We are also making the rule effective

as of the date of publication as allowed

under the good cause exception in 5

U.S.C. section 553(d)(3). Delaying the

effective date of this rule is unnecessary

and contrary to the public interest

because this could cause financial harm

to the San Carlos Apache Tribe.

We invite comments on any aspect of

this rule and we will revise the rule if

comments warrant. Send comments on

this rule to the address in the ADDRESSES

section.

List of Subjects in 25 CFR Part 183

Accounting, Indians—business and

finance.

For the reasons stated in the

preamble, the Department of the

Interior, Bureau of Indian Affairs, is

adding a new Part 183 in subchapter H,

chapter I of Title 25 of the Code of

Federal Regulations as follows:

PART 183—USE AND DISTRIBUTION

OF THE SAN CARLOS APACHE TRIBE

DEVELOPMENT TRUST FUND AND

SAN CARLOS APACHE TRIBE LEASE

FUND

Subpart A—Introduction

Sec.

183.1 What is the purpose of this part?

183.2 What terms do I need to know?

183.3 Does the American Indian Trust Fund

Management Reform Act of 1994 apply

to this part?

Subpart B—Trust Fund Disposition

Use of Principal and Income

183.4 How can the Tribe use the principal

and income from the Trust Fund?

Clearance Requirements

183.5 What documents must the Tribe

submit to request money from the Trust

Fund?

183.6 How long will it take to get a

decision?

183.7 What would cause the Secretary to

disapprove a request?

Limitations

183.8 How can the Tribe spend funds?

Subpart C—Lease Fund Disposition

Use of Principal and Income

183.9 Can the Tribe request the principal of

the Lease Fund?

183.10 How can the Tribe use income from

the Lease Fund?

Clearance Requirements

183.11 What documents must the Tribe

submit to request money from the Lease

Fund?

183.12 How long will it take to receive a

decision?

183.13 What would cause the Secretary to

disapprove a request?

Limitations

183.14 What limits are there on how the

Tribe can spend funds?

Subpart D—Reports

183.15 Must the Tribe submit any reports?

183.16 What information must be included

in the Tribe’s annual report?

Subpart E—Liability

183.17 If expenditures under this part lead

to a claim or cause of action, who is

liable?

183.18 Information collection requirements

Authority: Pub. L. 102–575, 106 Stat. 4740

et seq.

Subpart A—Introduction

§ 183.1 What is the purpose of this part?

This part implements section 3707(e)

of the San Carlos Apache Tribe Water

Settlement Act (the Act), Public Law

102–575, 106 Stat. 4748, that requires

regulations to administer the Trust

Fund, and the Lease Fund established

by the Act.

§ 183.2 What terms do I need to know?

In this part:

Administrative costs means any cost,

including indirect costs, incurred by the

Tribe reasonably related to an allowed

use of funds under the Settlement Act,

including indirect costs.

Beneficial use means any use to

which the Tribe’s water entitlement is

Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Rules and Regulations 21089

put that is authorized by the Settlement

Act, the Settlement Agreement, or by

the Tribal Council under the Settlement

Act, the Settlement Agreement or

otherwise permitted by law.

CAP means the Central Arizona

Project, a reclamation project authorized

under title III of the Colorado River

Basin Project Act of 1968 (43 U.S.C.

1521 et seq.).

Community development project or

purpose means any business,

recreational, social, health, education,

environment, or general welfare project

approved by the Tribal Council for the

benefit of any community within the

reservation.

Economic development project or

purpose means any commercial,

industrial, agricultural, or business

project approved by the Tribal Council

for the purpose of profit to the Tribe.

Income means interest or income

earned or accrued on the principal of

the Trust Fund or the Lease Fund and

is available for distribution to the Tribe

in accordance with the Settlement Act

and this part. Beginning with calendar

year 2001, any income that has been

earned or has accrued on the principal

of the Trust Fund or the Lease Fund and

that has not been requested for

distribution by the Tribe by December

31, shall become part of the principal of

the Trust Fund or the Lease Fund on

January 1 of the next calendar year.

Lease Fund means the San Carlos

Apache Tribe Lease Fund established in

the Treasury of the United States under

section 3711(d)(3)(E)(iv) of the

Settlement Act.

Principal means:

(1) The amount of funds in the Trust

Fund or the Lease Fund as of January 1,

2002; and

(2) Any income thereon that is not

distributed, and has been added to the

principal, in accordance with the

Settlement Act and this part.

Pro forma budget means a budget, and

operating statement, showing the

estimated results for operating the

economic development project for two

years after injection of the principal or

income into the operation.

Secretary means the Secretary of the

Interior or an authorized representative

acting under delegated authority. The

term ‘‘Secretary’:

(1) Includes the Regional Director for

the Western Regional Office of the

Bureau of Indian Affairs; and

(2) Does not include the

Superintendent of the San Carlos

Agency of the Bureau of Indian Affairs.

Settlement Act means the San Carlos

Apache Tribe Water Settlement Act of

1992, Title XXXVII of Public Law 102–

575, 106 Stat. 4740, and any

amendments thereto.

Settlement Agreement means the

agreement and any amendments

executed and approved in accordance

with the Settlement Act.

Tribe means the San Carlos Apache

Tribe, a Tribe of Apache Indians, under

the Apache Treaty, July 1, 1852, 10 Stat.

970, organized under section 16 of the

Indian Reorganization Act of June 18,

1934 (48 Stat. 987; 25 U.S.C. 476), and

duly recognized by the Secretary of the

Interior.

Trust Fund means the San Carlos

Apache Tribe Development Trust Fund

established in the Treasury of the

United States under section 3707(b) of

the Settlement Act.

We and us mean the Secretary of the

Interior as defined in this section.

§ 183.3 Does the American Indian Trust

Fund Management Reform Act of 1994

apply to this part?

Yes. We will manage and make

distributions from the Trust Fund in

accordance with the American Indian

Trust Funds Management Act of 1994

(Management Act), except where the

Management Act conflicts with the

Settlement Act or this part. If there is a

conflict, we will follow the provisions

of the Settlement Act or this part.

Subpart B—Trust Fund Disposition

Use of Principal and Income

§ 183.4 How can the Tribe use the

principal and income from the Trust Fund?

The Tribe may use the principal and

income from the Trust Fund in the

following ways:

(a) To put to beneficial use the water

entitlement provided to the Tribe in the

Settlement Act;

(b) To defray the cost to the Tribe of

CAP operation, maintenance, and

replacement charges;

(c) For economic development

purposes; provided, however, that

principal may only be used for longterm economic development projects

and income may be used for other

economic and community development

purposes; and

(d) For Administrative Costs

reasonably related to the above uses.

Clearance Requirements

§ 183.5 What documents must the Tribe

submit to request money from the Trust

Fund?

To request a distribution of principal

or income from the Trust Fund, the

Tribe must submit to us all of the

following documents.

(a) A certified copy of a duly enacted

resolution of the Tribal Council

requesting a distribution from the Trust

Fund;

(b) A written budget and supporting

documentation, approved by the Tribal

Council, showing precisely how the

tribe will spend the money, including

what amounts should come from

principal and what amounts should

come from income;

(c) A pro forma budget for each

identified economic development

project, and a program budget for each

identified community development

project; and

(d) A certification stating that the

Tribe will use the funds in accordance

with budgets submitted under this

section.

§ 183.6 How long will it take to get a

decision?

Within 30 days of receiving the

information required by § 183.5 we will

approve your request if it complies with

the Settlement Act and this part. If we

disapprove your request we will do so

in writing and will provide you with the

reasons for disapproval.

§ 183.7 What would cause the Secretary to

disapprove a request?

We will only disapprove a request for

the distribution of principal or income

from the Trust Fund if the request does

any of the following:

(a) Fails to provide the documents

identified in § 183.5;

(b) Fails to provide reports required

under §§ 183.15 and 183.16; or

(c) Includes a use requested or written

budget that does not comply with a

specific provision of the Settlement Act,

or this part.

Limitations

§ 183.8 How can the Tribe spend funds?

(a) The Tribe must spend principal or

income distributed from the Trust Fund

only in accordance with a written

budget submitted under § 183.5.

(b) The Tribe must not spend the

principal or income from the Trust

Fund to make per capita payments to

members of the Tribe.

Subpart C—Lease Fund Disposition

Use of Principal and Income

§ 183.9 Can the Tribe request the principal

of the Lease Fund?

No. We cannot distribute the

principal from the Lease Fund to the

Tribe.

§ 183.10 How can the Tribe use income

from the Lease Fund?

The Tribe may use income from the

Lease Fund for the following purposes:

(a) For economic development

purposes;

21090 Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Rules and Regulations

(b) For community development

purposes; and

(c) For administrative costs

reasonably related to the above.

Clearance Requirements

§ 183.11 What documents must the Tribe

submit to request money from the Lease

Fund?

To request a distribution of income

from the Lease Fund, the Tribe must

submit to us all of the following

documents:

(a) A certified copy of a duly enacted

resolution of the Tribal Council

requesting a distribution from the Lease

Fund;

(b) A pro forma budget for each

identified economic development

project and a program budget for each

identified community development

project, approved by the Tribal Council,

showing precisely how the Tribe will

spend the money;

(c) Supporting documentation for the

budgets required by paragraph (b) of this

section, and

(d) A certification stating that the

Tribe will use the funds in accordance

with budgets submitted under this

section.

§ 183.12 How long will it take to receive a

decision?

Within 30 days of receiving the

information required by § 183.11 we

will approve your request if it complies

with the Settlement Act and this part. If

we disapprove your request we will do

so in writing and will provide you with

the reasons for disapproval.

§ 183.13 What would cause the Secretary

to disapprove a request?

We will only disapprove a request for

distribution of income from the Lease

Fund if the request does any of the

following:

(a) Fails to provide the documents

identified in § 183.5;

(b) Fails to provide reports required

under §§ 183.15 and 183.16; or

(c) Includes a use requested or written

budget that does not comply with a

specific provision of the Settlement Act

or this part.

Limitations

§ 183.14 What limits are there on how the

Tribe can spend funds?

(a) The Tribe must spend income

distributed from the Lease Fund only in

accordance with a written budget

submitted under § 183.5.

(b) The Tribe must not spend the

income from the Lease Fund to make

per capita payments to members of the

Tribe.

Subpart D—Reports

§ 183.15 Must the Tribe submit any

reports?

Yes. The Tribe must submit the

following reports after receiving funds

under this part:

(a) An Annual Report, that must be

submitted no later than December 31 of

each year; and

(b) A Financial Audit, that must be

submitted no later than March 1 of each

year.

§ 183.16 What information must be

included in the Tribe’s annual report?

The Tribe’s annual report must

contain the following information:

(a) An accounting of the expenditures

of funds distributed to the Tribe from

the Trust Fund or the Lease Fund for the

preceding 12 months;

(b) A description, in detail, of how the

Tribe has used the funds distributed

from the Trust Fund or the Lease Fund

consistently with the requirements in

the Settlement Act, this part, and the

budget approved by the Tribal Council

and the Secretary; and

(c) Sufficient documentation for us to

determine that the Tribe has satisfied

the requirements of paragraph (b) of this

section.

Subpart E—Liability

§ 183.17 If expenditures under this part

lead to a claim or cause of action, who is

liable?

The Tribe may be liable. The United

States must not be liable for any claim

or cause of action arising from the

Tribe’s use or expenditure of monies

distributed from the Trust Fund or the

Lease Fund.

§ 183.18 Information Collection

Requirements

The information collection

requirements contained in this part do

not meet the requirements of ‘‘ten or

more persons’’ annually; therefore, the

Office of Management and Budget does

not need to clear the collection. You

may direct comments concerning this

information collection to the Bureau of

Indian Affairs, Information Collection

Control Officer, 1849 C Street, NW,

Washington, DC 20240.

Dated: April 19, 2001.

James H. McDivitt,

Deputy Assistant Secretary—Indian Affairs

(Management).

[FR Doc. 01–10250 Filed 4–26–01; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF COMMERCE

United States Patent and Trademark

Office

37 CFR Part 1

[Docket No. 010208033–1033–01]

RIN 0651–AB33

Changes to the Time Period for Making

Any Necessary Deposit of Biological

Material

AGENCY: United States Patent and

Trademark Office, Commerce.

ACTION: Final rule.

SUMMARY: In a rulemaking to implement

the Patent Business Goals, the United

States Patent and Trademark Office

(Office) proposed a change to the time

period within which a deposit of

biological material (if needed) must be

made. The Office held this proposed

change in abeyance pending

consideration of a study by the

Comptroller General of the potential

risks to the United States biotechnology

industry relating to biological deposits

as required by the American Inventors

Protection Act of 1999. The Office is

now, after consideration of this study,

adopting a change to the time period

within which a deposit of biological

material (if needed) must be made and

the depository information added to the

specification.

EFFECTIVE DATE: May 29, 2001. This

change is effective for any application in

which a Notice of Allowability is mailed

on or after May 29, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert W. Bahr, Karin L. Tyson, or

Robert A. Clarke by telephone at (703)

308–6906, or by mail addressed to: Box

Comments—Patents, Commissioner for

Patents, Washington, DC 20231, or by

facsimile to (703) 872–9411, marked to

the attention of Robert W. Bahr.

SUPPLEMENTARY INFORMATION: In October

of 1999, the Office proposed a number

of changes to the rules of practice in

title 37 of the Code of Federal

Regulations to implement the Patent

Business Goals. See Changes to

Implement the Patent Business Goals,

64 FR 53771 (Oct. 4, 1999), 1228 Off.

Gaz. Pat. Office 15 (Nov. 2, 1999)

(Proposed Rule). Among the proposed

changes was a proposal to amend

§ 1.809 to revise the time period within

which a deposit of biological material (if

needed) must be made and the

depository information added to the

specification. See Changes to Implement

the Patent Business Goals, 64 FR 53814,

53842, 1228 Off. Gaz. Pat. Office 52, 78–

79.