[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]]



Bureau of Indian Affairs

25 CFR Part 248

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SUMMARY: This rule replaces references to outdated position titles and 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 The regulations refer to outdated positions and offices.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rule updates those outdated terms as shown in the table below:

        Outdated term             Updated term        Sections affected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,
Portland Area Office........  Northwest Regional                   248.1
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 

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:


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]

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,'' 

Sec.  248.2  [Amended]

3. In Sec.  248.2, remove the words ``is accordance'' and add, in their 
place, the words ``in accordance.''

Sec.  248.10  [Amended]

4. In Sec.  248.10:
a. Remove the reference ``this part 248'' and add, in its place, the 
reference ``this part.''
b. Remove the words ``to the Commissioner of Indian Affairs'' and add, 
in their place, the words ``to the Assistant Secretary--Indian 
Affairs''; and
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]

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:
a. Section 248.1;
b. Section 248.3;
c. Section 248.4;
d. Section 248.6;
e. Section 248.8;
f. Section 248.9; and
g. Section 248.10.

Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-24729 Filed 11-16-20; 8:45 am]