[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Rules and Regulations]
[Pages 33825-33826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15334]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/A0A501010.999900 253G]
25 CFR Part 83
RIN 1076-AF41
Change of Address; Office of Federal Acknowledgment
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule; technical amendment.
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SUMMARY: The Bureau of Indian Affairs (BIA) is amending its regulations
to reflect a change of address for the Office of Federal
Acknowledgment. This rule is a technical amendment that corrects the
address for filing petitions for Federal acknowledgment as an Indian
Tribe.
DATES: Effective July 18, 2018.
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of
Regulatory Affairs & Collaborative Action, (202) 273-4680;
[email protected].
SUPPLEMENTARY INFORMATION: This rule updates the address for the Office
of Federal Acknowledgment to reflect the office's change in location.
Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) at the Office of Management
and Budget (OMB) will review all significant rules. OIRA has determined
that this rule is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The E.O. directs agencies to consider regulatory approaches that reduce
burdens and maintain flexibility and freedom of choice for the public
where these approaches are relevant, feasible, and consistent with
regulatory objectives. E.O. 13563 emphasizes further that regulations
must be based on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. The Department has developed this rule in a manner consistent
with these requirements.
B. Regulatory Flexibility Act
This rule will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.). The rule is administrative in nature
and affects only a mailing address.
C. 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. It will not result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year. The
rule's requirements will not result in a major increase in costs or
prices for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions. Nor will this rule 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.
D. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
Under the criteria in Executive Order 12630, this rule does not
affect individual property rights protected by the Fifth Amendment nor
does it involve a compensable ``taking.'' A takings implication
assessment is therefore not required.
F. Federalism (E.O. 13132)
Under the criteria in Executive Order 13132, this rule has no
substantial direct effect 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. This rule
corrects a mailing address.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule meets the criteria of section 3(a) requiring
all regulations be reviewed to eliminate errors and ambiguity and be
written to minimize
[[Page 33826]]
litigation and meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
H. Consultation With Indian Tribes (E.O. 13175)
The Department strives to strengthen its government-to-government
relationship with Indian Tribes through a commitment to consultation
with Indian Tribes and recognition of their right to self-governance
and Tribal sovereignty. We have evaluated this rule under the
Department's consultation policy and under the criteria in Executive
Order 13175 and have determined there are no potential effects on
federally recognized Indian Tribes and Indian trust assets.
I. Paperwork Reduction Act
This rule does not contain any information collections requiring
approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq.
J. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment because it is of an
administrative, technical, and procedural nature. See, 43 CFR
46.210(i). No extraordinary circumstances exist that would require
greater review under the National Environmental Policy Act.
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
L. Determination To Issue Final Rule Without the Opportunity for Public
Comment and With Immediate Effective Date
BIA is taking this action under its authority, at 5 U.S.C. 552, to
publish regulations in the Federal Register. Under the Administrative
Procedure Act, statutory procedures for agency rulemaking do not apply
``when the agency for good cause finds . . . that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest.'' 5 U.S.C. 553(b)(3)(B). BIA finds that the notice and
comment procedure are impracticable, unnecessary, or contrary to the
public interest, because: (1) These amendments are non-substantive; and
(2) the public benefits for timely notification of a change in the
official agency address, and further delay is unnecessary and contrary
to the public interest. Similarly because this final rule makes no
substantive changes and merely reflects a change of address and updates
to titles in the existing regulations, this final rule is not subject
to the effective date limitation of 5 U.S.C. 553(d).
List of Subjects in 25 CFR Part 83
Administrative practice and procedures, Indians-tribal government.
For the reasons stated in the preamble, the Department of the
Interior, Bureau of Indian Affairs, amends part 83 in Title 25 of the
Code of Federal Regulations as follows:
PART 83--PROCEDURES FOR FEDERAL ACKNOWLEDGMENT OF INDIAN TRIBES
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1. The authority citation for part 83 continues to read as follows:
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1; Pub. L. 103-
454 Sec. 103 (Nov. 2, 1994); and 43 U.S.C. 1457.
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2. Revise Sec. 83.20 to read as follows:
Sec. 83.20 How does an entity request Federal acknowledgment?
Any entity that believes it can satisfy the criteria in this part
may submit a documented petition under this part to: Department of the
Interior, Office of the Assistant Secretary--Indian Affairs, Attention:
Office of Federal Acknowledgment, Mail Stop 4071 MIB, 1849 C Street NW,
Washington, DC 20240.
Dated: June 14, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the
Authority of Assistant Secretary--Indian Affairs.
[FR Doc. 2018-15334 Filed 7-17-18; 8:45 am]
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