[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]



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.


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 

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 

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 

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 

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:


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.

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]