[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Proposed Rules]
[Pages 55767-55768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28493]



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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 248

RIN 1076-AD86


Use of Columbia River Indian In-Lieu Fishing Sites

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Bureau of Indian Affairs (BIA) is writing into plain 
English the existing regulations governing the use of Columbia River 
Indian In-Lieu Fishing Sites. We are doing this as part of the 
President's regulatory reinvention initiative.

DATES: Comments must be submitted on or before December 29, 1997.

ADDRESSES: Submit comments on this rule to: Chuck James, Area 
Archeologist, Portland Area Office, Bureau of Indian Affairs, 911 NE. 
11 Ave., Portland, OR 97232, (503) 231-6229.

FOR FURTHER INFORMATION CONTACT: Chuck James (Area Archeologist), (503) 
231-6229.

SUPPLEMENTARY INFORMATION: The purpose of this rulemaking is to revise 
the regulations governing the use of Columbia River Indian In-Lieu 
Fishing Sites. We have written these regulations in plain English to 
make them easier for users to read and understand.

Executive Order 12988

    The Department has certified to the Office of Management and Budget 
(OMB) that these proposed regulations meet the applicable standards 
provided in sections 3(a) and 3(b)(2) of Executive Order 12988.

Executive Order 12866

    This proposed rule is not a significant regulatory action and does 
not require Office of Management and Budget review under Executive 
Order 12866.

Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).

Executive Order 12630

    The Department has determined that this rule does not have 
significant ``takings'' implications. The rule does not pertain to 
``taking'' of private property interests, nor does it impact private 
property.

Executive Order 12612

    The Department has determined that this rule does not have 
significant Federalism effects because it pertains solely to Federal-
tribal relations and will not interfere with the roles, rights, and 
responsibilities of states.

NEPA Statement

    The Department has determined that this rule does not constitute a 
major Federal action significantly affecting the quality of the human 
environment and that no detailed statement is required under the 
National Environmental Policy Act of 1969.

Paperwork Reduction Act of 1995

    This rule does not contain any collection of information requiring 
approval under the Paperwork Reduction Act of 1995.

Unfunded Mandates Reform Act of 1995

    This rule imposes no unfunded mandates on any governmental or 
private entity and is in compliance with the provisions of the Unfunded 
Mandates Reform Act of 1995.

Drafting Information

    The primary author of this document is Chuck James, Area 
Archaeologist, Bureau of Indian Affairs, Department of the Interior.

List of Subjects in 25 CFR Part 248

    Fisheries, Fishing, Indians, Indians--claims, Indians--law.

    For the reasons set out in the preamble, Bureau of Indian Affairs 
proposes to revise part 248 as follows:

PART 248--USE OF COLUMBIA RIVER INDIAN IN-LIEU FISHING SITES

Sec.

248.1  What definitions apply to this part?
248.2  What lands are subject to these regulations in this part?
248.3  Who is eligible to use Columbia River in-lieu fishing sites?
248.4  How may I use the sites?
248.5  What identification do I need in order to use a site?
248.6  What requirements must I obey in order to be able to use a 
site?
248.7  How does this part affect tribal treaty rights?
248.8  What will happen if I damage government-owned property?
248.9  Can I build a structure on a site?
248.10  What sanitation requirements must I meet?
248.11  What am I responsible for if I use the facilities?
248.12  What will happen if I abandon property?
248.13  What other restrictions apply to use of the sites?
248.14  Will I have to pay to use a site?
248.15  Can I appeal an administrative action?

    Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9.


Sec. 248.1  What definitions apply to this part?

    Abandoned property means property left at a site while the owner of 
the property is not actively engaged in fishing or drying or processing 
fish. Abandoned property may include:

(1) Vehicles;
(2) Mobile trailers;
(3) Campers;
(4) Tents;
(5) Tepees;
(6) Boats; or
(7) Other personal property.

    Area Director means the position responsible for administration of 
the Portland Area of the Bureau of Indian Affairs.
    Campfire means fire, not within any building, motor home or 
trailer, that is used for cooking, personal warmth, lighting, 
ceremonial or aesthetic purposes.
    Damage means to injure, mutilate, deface, destroy, cut, chop, 
girdle, dig, excavate, kill, or in any way harm or disturb.
    In-lieu fishing sites means any lands acquired by the Secretary of 
War and transferred to the Secretary of the Interior pursuant to the 
Act of March 2, 1945 (59 Stat. 22) as amended to replace Indian fishing 
grounds submerged or destroyed as a result of the construction of the 
Bonneville Dam.
    Secretary means the Secretary of the Interior or his/her designee.
    Site means an in-lieu fishing site as defined in this section.
    Vehicle means any device in, upon, or by which any person or 
property is or may be transported, and including any motor, frame, 
chassis, or body of any motor vehicle, or camper shell, except devices 
used exclusively upon stationary rails or tracks.


Sec. 248.2  What lands are subject to the regulations in this part?

    This part applies to in-lieu fishing sites as defined in 
Sec. 248.1.


Sec. 248.3  Who is eligible to use Columbia River in-lieu fishing 
sites?

    Members of the general public may not use Columbia River in-lieu 
fishing sites. You may use a site only if:
    (a) You are a member of any of the following tribes:
    (1) Yakama;
    (2) Umatilla;
    (3) Warms Springs; or
    (4) Any other tribe that had treaty fishing rights that were 
inundated or destroyed by the Bonneville Dam; and

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    (b) You comply with the requirements of this part and of any 
additional guidance that the Area Director may issue to implement this 
part.


Sec. 248.4  How may I use the sites?

    If you meet the criteria in Sec. 248.3, you may use a site:
    (a) For access to usual and accustomed fishing areas and ancillary 
facilities; and
    (b) For camping with your family (while you are fishing?).


Sec. 248.5  What identification do I need in order to use a site?

    (a) When you use a site you must have with you either:
    (1) Your tribal identification card; or
    (2) If you belong to a tribe specified in Sec. 248.3(a)(4), a 
special identification issued by the Area Director.
    (b) You must show the identification required in paragraph (a) of 
this section to any authorized Federal, State, or local official who 
asks to see it.


Sec. 248.6  What requirements must I obey in order to be able to use a 
site?

    (a) You may use a site only if you obey:
    (1) The requirements of tribal, State, and Federal laws and 
regulations (unless they conflict with your treaty tribe's rights); and
    (2) Any additional requirements that the Area Director may develop 
to implement this part.
    (b) The Area Director may suspend or withdraw your access and use 
privileges if you do not follow the requirements of this section.


Sec. 248.7  How does this part affect tribal treaty rights?

    (a) This part does not limit or affect the treaty rights of any 
tribe.
    (b) You are not required to obey State fishing laws or regulations 
if:
    (1) You are an Indian properly exercising tribal treaty rights; and
    (2) The State laws or regulations are not compatible with your 
treaty rights.


Sec. 248.8  What will happen if I damage government-owned property?

    If you commit any act of vandalism, depredation, destruction, 
theft, or misuse of land, buildings, fences, signs, or other structures 
that are the property of the United States, you can be prosecuted under 
applicable Federal or State law.


Sec. 248.9  Can I build a structure on a site?

    You may erect, place, or maintain dwellings, camping facilities, 
and other structures (such as fish drying facilities and fish 
platforms) if you need them for treaty fishing or related activities.


Sec. 248.10  What sanitation requirements must I meet?

    (a) You must use the sites in conformance with the health, 
sanitation, and safety requirements of State or local law. If there are 
no appropriate State or local laws, you must follow the health, 
sanitation, and safety requirements of the U.S. Public Health Service.
    (b) The Area Director may suspend or withdraw your access and use 
privileges if:
    (1) You violate the requirements referred to in paragraph (a) of 
this section; and
    (2) You repeat the violation after having been given a notice to 
cease and desist.


Sec. 248.11  What am I responsible for if I use the facilities?

    (a) You are responsible for:
    (1) Campsites, drying sheds and other facilities during the time 
you occupy or use them; and
    (2) Any personal property that you erect, place, or maintain on the 
site during the time you occupy the site, including:
    (i) Tents;
    (ii) Tepees;
    (iii) Campers;
    (iv) Mobile trailers;
    (v) Temporary drying sheds; and
    (vi) Fishing platforms.
    (b) Neither the United States nor any of its employees is 
responsible for the safety or condition of any personal property.


Sec. 248.12  What will happen if I abandon property?

    If you abandon property at a site, it may be removed without your 
consent and disposed of at your expense, if the Area Director approves.


Sec. 248.13  What other restrictions apply to use of the sites?

    The Area Director may prescribe and post at the sites regulations 
covering:
    (a) Camping;
    (b) Picnicking;
    (c) Use of alcoholic beverages;
    (d) Setting or use of fires;
    (e) Use of the sites for cleaning fish;
    (f) Deposit of garbage, paper, cans, bottles, or rubbish of any 
kind; or
    (g) Use of the sites for any commercial activity (including 
commercial purchase of fish).


Sec. 248.14  Will I have to pay to use a site?

    No. Neither you nor any member of your family will be charged for 
using a site in accordance with this part.


Sec. 248.15  Can I appeal an administrative action?

    You may appeal any decision made by the Area Director under this 
part to the Commissioner of Indian Affairs. You may appeal any decision 
of the Commissioner of Indian Affairs to the Secretary of the Interior 
in accordance with part 2 of this chapter.

    Dated: October 17, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-28493 Filed 10-27-97; 8:45 am]
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