[Federal Register Volume 85, Number 222 (Tuesday, November 17, 2020)]
[Rules and Regulations]
[Pages 73192-73193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24729]
[[Page 73192]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 248
[201A2100DD/AAKC001030/A0A501010.999900253G]
RIN 1076-AF61
Columbia River In Lieu Fishing Sites
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This rule replaces references to outdated position titles and
office names with references to current positions and offices and
corrects two typographical errors. These corrections will clarify the
regulation, including clarifying that appeals of decisions of the
Bureau of Indian Affairs (BIA) Regional Director made regarding
Columbia River In-Lieu Fishing Sites go to the Assistant Secretary.
DATES: Effective November 17, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Director, Office
of Regulatory Affairs & Collaborative Action, Office of the Assistant
Secretary--Indian Affairs, (202) 273-4680, [email protected].
SUPPLEMENTARY INFORMATION: The current regulation at 25 CFR part 248
addresses rights of persons to use ``in lieu fishing sites,'' which are
lands acquired by the Secretary of War and transferred to the Secretary
of the Interior in 1945, to replace Indian fishing grounds submerged or
destroyed as a result of the construction of the Bonneville Dam. See 59
Stat. 22. The regulations refer to outdated positions and offices. This
rule updates those outdated terms as shown in the table below:
------------------------------------------------------------------------
Outdated term Updated term Sections affected
------------------------------------------------------------------------
Area Director............... Regional Director... 248.1, 248.3, 248.4,
248.6, 248.8, 248.9,
248.10
Portland Area Office........ Northwest Regional 248.1
Office.
Commissioner of Indian Assistant Secretary-- 248.10
Affairs. Indian Affairs.
------------------------------------------------------------------------
These changes are necessary to clarify who is responsible for the
actions listed in these sections and to clarify in Sec. 248.10 that
decisions of the Regional Director go to the Assistant Secretary--
Indian Affairs, rather than any other official.
This rule also corrects two typographical errors. The first, in
Sec. 248.2, uses the term ``is accordance'' instead of ``in
accordance.'' The second, in Sec. 248.10, refers to a decision ``on''
the official, rather than ``of'' the official.
A. Regulatory Planning and Review (E.O. 12866)
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. We have developed this rule in a manner consistent with these
requirements.
B. Reducing Regulation and Controlling Regulatory Costs (E.O. 13771)
This action is not an E.O. 13771 regulatory action because this
rule is not significant under Executive Order 12866.
C. Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
It does not change current funding requirements and would not impose
any economic effects on small governmental entities.
D. 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, because this rule only
replaces outdated references to position titles. This rule:
(a) Will not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Will 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.
E. 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.
F. Takings (E.O. 12630)
This rule does not effect a taking of private property or otherwise
have taking implications under E.O. 12630. A takings implication
assessment is not required.
G. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O. 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. A federalism summary impact
statement is not required.
H. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule: (a) Meets the criteria of section 3(a)
requiring that all regulations be reviewed to eliminate errors and
ambiguity and be written to minimize litigation; and (b) meets the
criteria of section 3(b)(2) requiring that all regulations be written
in clear language and contain clear legal standards.
[[Page 73193]]
I. Consultation With Indian Tribes (E.O. 13175)
The Department of the Interior 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 E.O. 13175 and have determined there are no substantial direct
effects on federally recognized Indian Tribes that will result from
this rulemaking because the rule is limited to updating outdated terms.
J. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not
required. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
K. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because this is an administrative and procedural regulation.
(For further information see 43 CFR 46.210(i)). We have also determined
that the rule does not involve any of the extraordinary circumstances
listed in 43 CFR 46.215 that would require further analysis under NEPA.
L. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. A Statement of Energy Effects is not required.
M. 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 accurate identification of agency
officials, and further delay is unnecessary and contrary to the public
interest. Similarly because this final rule makes no substantive
changes and merely reflects 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 248
Fishing, Indians.
For the reasons stated in the preamble, the Department of the
Interior, Bureau of Indian Affairs, amends part 248 in title 25 of the
Code of Federal Regulations as follows:
PART 248--USE OF COLUMBIA RIVER INDIAN IN-LIEU FISHING SITES
0
1. The authority for part 248 continues to read as follows:
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9.
Sec. 248.1 [Amended]
0
2. In Sec. 248.1, remove the words ``following rules and regulations''
and ``Portland Area Office'' and add, in their place, the words ``rules
and regulations in this part'' and ``Northwest Regional Office,''
respectively.
Sec. 248.2 [Amended]
0
3. In Sec. 248.2, remove the words ``is accordance'' and add, in their
place, the words ``in accordance.''
Sec. 248.10 [Amended]
0
4. In Sec. 248.10:
0
a. Remove the reference ``this part 248'' and add, in its place, the
reference ``this part.''
0
b. Remove the words ``to the Commissioner of Indian Affairs'' and add,
in their place, the words ``to the Assistant Secretary--Indian
Affairs''; and
0
c. Remove the words ``on the Commissioner of Indian Affairs'' and add,
in their place, ``of the Assistant Secretary--Indian Affairs''.
Sec. Sec. 248.1, 248.3, 248.4, 248.6, 248.8, 248.9, and
248.10 [Amended]
0
5. In 25 CFR part 248, remove the words ``Area Director'' and add, in
their place, the words ``Regional Director'' wherever they appear in
the following places:
0
a. Section 248.1;
0
b. Section 248.3;
0
c. Section 248.4;
0
d. Section 248.6;
0
e. Section 248.8;
0
f. Section 248.9; and
0
g. Section 248.10.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-24729 Filed 11-16-20; 8:45 am]
BILLING CODE 4337-15-P