View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOI/BIA RIN: 1076-AF24 Publication ID: Fall 2018 
Title: Education Contracts Under the Johnson-O'Malley Act 
Abstract:

This rule would correct section 273.12 of the regulations regarding when students are eligible for benefits of education contracts under the Johnson-O’Malley Act (JOM), by deleting the requirement for Indian students to have 1/4 or more degree of Indian blood.  The JOM authorizes the Secretary of the Interior to enter into contracts with States, schools, and private organizations and to expend appropriated funds in support of Indian students under those contracts.  Currently, the regulations state that Indian students are eligible for benefits of a JOM contract if they are of 1/4 or more degree Indian blood and are recognized by the Secretary as being eligible for Bureau services.  In 1990, a U.S. District Court stated that this regulatory requirement was too restrictive.  Since that Court ruling, the Department has required only membership in a federally recognized Tribe; the Department does not require a certain degree of Indian blood.  As such, this rule would delete the requirement for a blood degree quantum to make the regulations consistent with past practice and court order.

 
Agency: Department of the Interior(DOI)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 25 CFR 273   
Legal Authority: 25 U.S.C. 455 to 457   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  03/21/2018  83 FR 12301   
NPRM Comment Period End  05/21/2018 
Final Action  02/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Elizabeth Appel
Director, Office of Regulatory Affairs
Department of the Interior
Bureau of Indian Affairs
1849 C Street NW,
Washington, DC 20240
Phone:202 273-4680
Email: elizabeth.appel@bia.gov