[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Rules and Regulations]
[Pages 55267-55269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24173]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[190A2100DD/AAKC001030/A0A501010.999900 253G]

25 CFR Part 23

RIN 1076-AF42


Change of Address; Indian Child Welfare Act

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 addresses for filing copies of Indian Child 
Welfare Act (ICWA) notices to the Alaska Regional Director and Midwest 
Regional Director, and to update the mail stop for BIA's Central Office 
in Washington, DC for filing ICWA adoption notices. This rule is a 
technical amendment that corrects the addresses for filing ICWA 
documents with the Alaska Regional Director, Midwest Regional Director, 
and Central Office in Washington, DC.

DATES: Effective November 5, 2018.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of 
Regulatory Affairs & Collaborative Action, (202) 273-4680; 
[email protected].

SUPPLEMENTARY INFORMATION: ICWA requires, in any involuntary 
proceeding, the party seeking foster-care placement of, or termination 
of parental rights to, an Indian child must notify the parents, Indian 
custodians, and child's Tribe and send a copy to the appropriate BIA 
Regional Director. This notice updates the addresses for two of the 
Regional Director offices. ICWA also requires that any State court 
entering a final adoption decree or order in any Indian child adoptive 
placement furnish a copy of the decree or order to BIA Chief of Human 
Services at BIA's Central Office. This rule also updates the mail stop 
for Central Office in Washington, DC, because the mail stop has moved.

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.

[[Page 55268]]

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 mailing addresses.

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 BIA mailing addresses.

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 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

    The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., 
prohibits a Federal agency from conducting or sponsoring a collection 
of information that requires OMB approval, unless such approval has 
been obtained and the collection request displays a currently valid OMB 
control number. Nor is any person required to respond to an information 
collection request that has not complied with the PRA. This rule does 
not contain any information collections requiring approval under the 
PRA; however, OMB has approved the information collection requirements 
related to this rule under OMB Control No. 1076-1086.

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 23

    Administrative practice and procedures, Child welfare, Grant 
programs--Indians, Grant programs--social programs, Indians, Reporting 
and recordkeeping requirements.

    For the reasons stated in the preamble, the Department of the 
Interior, Bureau of Indian Affairs, amends part 23 in title 25 of the 
Code of Federal Regulations as follows:

PART 23--INDIAN CHILD WELFARE ACT

0
1. The authority for part 23 continues to read as follows:

    Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 1901-1952.


0
2. In Sec.  23.11, revise paragraphs (b)(2) and (7) to read as follows:


Sec.  23.11   Notice.

* * * * *
    (b) * * *
    (2) For child-custody proceedings in Illinois, Indiana, Iowa, 
Michigan, Minnesota, Ohio, or Wisconsin, notices must be sent to the 
following address: Minneapolis Regional Director, Bureau of Indian 
Affairs, 5600 American Blvd. W, Ste. 500, Bloomington, MN 55437.
* * * * *
    (7) For child-custody proceedings in Alaska (except for notices to 
the Metlakatla Indian Community, Annette Island Reserve, Alaska), 
notices must be sent to the following address: Alaska Regional 
Director--Attn: Human Services, Bureau of Indian Affairs, 3601 C 
Street, Suite 1258, Anchorage, Alaska 99503. Notices to the Metlakatla 
Indian Community, Annette Island Reserve, Alaska, must be sent to the 
Portland Regional Director at the address listed in paragraph (b)(11) 
of this section.
* * * * *

[[Page 55269]]


0
3. In Sec.  23.140, revise paragraph (a) introductory text to read as 
follows:


Sec.  23.140   What information must States furnish to the Bureau of 
Indian Affairs?

    (a) Any State court entering a final adoption decree or order in 
any voluntary or involuntary Indian-child adoptive placement must 
furnish a copy of the decree or order within 30 days to the Bureau of 
Indian Affairs, Chief, Division of Human Services, 1849 C Street NW, 
Mail Stop 3645 MIB, Washington, DC 20240, along with the following 
information, in an envelope marked ``Confidential'':
* * * * *

    Dated: August 16, 2018.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2018-24173 Filed 11-2-18; 8:45 am]
 BILLING CODE 4337-15-P