Civil Penalties Inflation Adjustments; Annual Adjustments, 18359-18363 [2024-05275]
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Rules and Regulations
c.3. Electro-optical shuttering devices (Kerr
or Pockels cells) with a fast image gating
(shutter) time of 50 ns or less;
c.4. Plug-ins, ‘‘specially designed’’ for use
with cameras having modular structures, that
enable the performance characteristics
described in 6A203.c.1.
Technical Note: High speed single frame
cameras can be used alone to produce a
single image of a dynamic event, or several
such cameras can be combined in a
sequentially-triggered system to produce
multiple images of an event.
d. Radiation-hardened TV cameras, or
lenses therefor, ‘‘specially designed’’ or rated
as radiation hardened to withstand a total
radiation dose greater than 5 × 10 4 Gy
(silicon) without operational degradation.
Technical Note: The term Gy (silicon)
refers to the energy in Joules per kilogram
absorbed by an unshielded silicon sample
when exposed to ionizing radiation.
c. Seismic intrusion detection systems that
detect, classify and determine the bearing on
the source of a detected signal.
*
Civil Penalties Inflation Adjustments;
Annual Adjustments
*
*
*
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6A999 Specific processing equipment, as
follows (see List of Items Controlled).
Reason for Control: RS AT
RS applies to
6A999.c.
AT applies to entire
entry.
Country chart (see
Supp. No. 1 to part
738)
RS Column 2.
A license is required
for items controlled
by this entry to
North Korea for
anti-terrorism reasons. The Commerce Country
Chart is not designed to determine
AT licensing requirements for this
entry. See § 742.19
of the EAR for additional information.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: N/A
GBS: N/A
List of Items Controlled
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*
*
*
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Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
[FR Doc. 2024–05267 Filed 3–12–24; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Parts 140, 141, 211, 213, 225,
226, 227, 243, 249, 273, and 700
[245A2100DD/AAKC001030/
A0A501010.999900253G]
RIN 1076–AF75
Bureau of Indian Affairs,
Interior.
ACTION: Final rule.
Related Controls: (1) The act of incorporating
a radiation hardened integrated circuit into
a TV camera designated as EAR99 does
not, in and of itself, cause the TV camera
to meet the specifications of ECCN
paragraph 6A999.b. (2) See also 6A203.
Related Definitions: N/A
Items:
a. Seismic detection equipment not
controlled in paragraph c.
b. Radiation hardened TV cameras, n.e.s.
This rule provides for annual
adjustments to the level of civil
monetary penalties contained in Bureau
of Indian Affairs (Bureau) regulations to
account for inflation under the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 and Office of
Management and Budget (OMB)
guidance.
DATES: This rule is effective on March
13, 2024.
ADDRESSES:
• Federal eRulemaking Portal: This
rule may be found on the internet at
https://www.regulations.gov by entering
‘‘RIN 1076–AF75’’ in the search box.
• Alternative Format: On request to
the program contact person listed under
FOR FURTHER INFORMATION CONTACT,
individuals can obtain this document in
an alternate format, usable by people
with disabilities, at the Office of the
Assistant Secretary—Indian Affairs,
Room 4660, 1849 C Street NW,
Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT:
Oliver Whaley, Director, Office of
Regulatory Affairs and Collaborative
Action (RACA), Office of the Assistant
Secretary—Indian Affairs; Department
of the Interior, RACA@bia.gov;
telephone (202) 738–6065. Individuals
in the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
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II. Calculation of Annual Adjustments
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.
12866, 14094 and 13563)
B. Reducing Regulation and Controlling
Regulatory Costs (E.O. 13771)
C. Regulatory Flexibility Act
D. Congressional Review Act (CRA)
E. Unfunded Mandates Reform Act
F. Takings (E.O. 12630)
G. Federalism (E.O. 13132)
H. Civil Justice Reform (E.O. 12988)
I. Consultation With Indian Tribes (E.O.
13175)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on the Energy Supply (E.O.
13211)
M. Clarity of This Regulation
N. Administrative Procedure Act
I. Background
AGENCY:
License Requirements
Control(s)
*
18359
On November 2, 2015, the President
signed into law the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (sec. 701 of
Pub. L. 114–74) (‘‘the Act’’). The Act
requires Federal agencies to adjust the
level of civil monetary penalties with an
initial ‘‘catch-up’’ adjustment through
rulemaking and then make subsequent
annual adjustments for inflation. The
purpose of these adjustments is to
maintain the deterrent effect of civil
penalties and to further the policy goals
of the underlying statutes.
The Office of Management and Budget
(OMB) issued guidance for Federal
agencies on calculating the catch-up
adjustment. See February 24, 2016,
Memorandum for the Heads of
Executive Departments and Agencies,
from Shaun Donovan, Director, Office of
Management and Budget, re:
Implementation of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (M–16–06).
Under the guidance, the Department
identified applicable civil monetary
penalties and calculated the catch-up
adjustment. A civil monetary penalty is
any assessment with a dollar amount
that is levied for a violation of a Federal
civil statute or regulation, and is
assessed or enforceable through a civil
action in Federal court or an
administrative proceeding. A civil
monetary penalty does not include a
penalty levied for violation of a criminal
statute, or fees for services, licenses,
permits, or other regulatory review. The
calculated catch-up adjustment is based
on the percent change between the
Consumer Price Index for all Urban
Consumers (CPI–U) for the month of
October in the year of the previous
adjustment (or in the year of
establishment, if no adjustment has
been made) and the October 2015 CPI–
U.
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Rules and Regulations
The Bureau issued an interim final
rule providing for calculated catch-up
adjustments on June 30, 2016 (81 FR
42478), with an effective date of August
1, 2016, and requesting comments postpromulgation. The Bureau issued a final
rule affirming the catch-up adjustments
set forth in the interim final rule on
December 2, 2016 (81 FR 86953). The
Bureau then issued a final rule making
the next scheduled annual inflation
adjustment for 2017 on January 23, 2017
(82 FR 7649), for 2018 on February 6,
2018 (83 FR 5192), for 2019 on April 15,
2019 (84 FR 15098), for 2020 on
February 19, 2020 (85 FR 9366), for
2021 on January 28, 2021 (86 FR 7344),
for 2022 on March 9, 2022 (87 FR
13153), and for 2023 on March 2, 2023
(88 FR 13018).
OMB recently issued guidance to
assist Federal agencies in implementing
the annual adjustments required by the
Act, which agencies must complete by
January 15, 2024. See December 19,
2023, Memorandum for the Heads of
Executive Departments and Agencies,
from Shalanda D. Young, Director,
Office of Management and Budget, re:
Implementation of Penalty Inflation
Adjustments for 2024, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (M–24–07). The guidance states
that the cost-of-living adjustment
multiplier for 2024, based on the CPI–
U for the month of October 2023, not
seasonally adjusted, is 1.03241. The
annual inflation adjustments are based
on the percent change between the
Description of
penalty
25 CFR 140.3 .........................
25 CFR 141.50 .......................
Penalty for trading in Indian country without a license ..........
Penalty for trading on Navajo, Hopi, or Zuni reservations
without a license.
Penalty for violation of leases of tribal land for mineral development, violation of part 211, or failure to comply with
a notice of noncompliance or cessation order.
Penalty for failure of lessee to comply with lease of restricted lands of members of the Five Civilized Tribes in
Oklahoma for mining, operating regulations at part 213, or
orders.
Penalty for violation of minerals agreement, regulations at
part 225, other applicable laws or regulations, or failure to
comply with a notice of noncompliance or cessation order.
Penalty for violation of lease of Osage reservation lands for
oil and gas mining or regulations at part 226, or noncompliance with the Superintendent’s order.
Penalty per day for failure to obtain permission to start operations.
Penalty per day for failure to file records ...............................
Penalty for each well and tank battery for failure to mark
wells and tank batteries.
Penalty each day after operations are commenced for failure to construct and maintain pits.
Penalty for failure to comply with requirements regarding
valve or other approved controlling device.
Penalty for failure to notify Superintendent before drilling,
redrilling, deepening, plugging, or abandoning any well.
Penalty per day for failure to properly care for and dispose
of deleterious fluids.
Penalty per day for failure to file plugging and other required reports.
Penalty for failure of lessee of certain lands in Wind River
Indian Reservation, Wyoming, for oil and gas mining to
comply with lease provisions, operating regulations, regulations at part 227, or orders.
Penalty for non-Native transferees of live Alaskan reindeer
who violates part 243, takes reindeer without a permit, or
fails to abide by permit terms.
Penalty for fishing in violation of regulations at part 249
(Off-Reservation Treaty Fishing).
Penalty for misusing funds or property by officer, director,
agent, or employee of, or connected with, any contractor
or subcontractor.
25 CFR 213.37 .......................
25 CFR 225.37 .......................
25 CFR 226.42 .......................
25 CFR 226.43(a) ...................
25 CFR 226.43(b) ...................
25 CFR 226.43(c) ...................
25 CFR 226.43(d) ...................
25 CFR 226.43(e) ...................
25 CFR 226.43(f) ....................
25 CFR 226.43(g) ...................
25 CFR 226.43(h) ...................
25 CFR 227.24 .......................
25 CFR 243.8 .........................
25 CFR 249.6(b) .....................
25 CFR 273.182(a) .................
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October CPI–U preceding the date of the
adjustment, and the prior year’s October
CPI–U. For 2024, OMB explains,
October 2023 CPI–U (307.671)/October
2022 CPI–U (298.012) = 1.03241. The
guidance instructs agencies to complete
the 2024 annual adjustment by
multiplying each applicable penalty by
the multiplier 1.03241 and rounding to
the nearest dollar. Further, agencies
should apply the multiplier to the most
recent penalty amount that includes the
initial catch-up adjustment required by
the Act.
The annual adjustment applies to all
civil monetary penalties with a dollar
amount that are subject to the Act. This
final rule adjusts the following civil
monetary penalties contained in the
Bureau’s regulations for 2024 by
multiplying 1.03241 by each penalty
amount as updated by the adjustment
made in the prior year (2023):
Current penalty including
catchup
adjustment
CFR citation
25 CFR 211.55 .......................
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II. Calculation of 2024 Annual
Adjustments
Sfmt 4700
Annual
adjustment
(multiplier)
Adjusted
penalty for
2024
$1,566
1,566
1.03241
1.03241
$1,617
1,617
1,882
1.03241
1,943
1,566
1.03241
1,617
1,992
1.03241
2,057
1,117
1.03241
1,153
111
1.03241
115
111
111
1.03241
1.03241
115
115
111
1.03241
115
223
1.03241
230
446
1.03241
460
1,117
1.03241
1,153
111
1.03241
115
1,566
1.03241
1,617
7,383
1.03241
7,622
1,566
1.03241
1,617
1,000
1.03241
1,032
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Description of
penalty
25 CFR 273.182(b) .................
Penalty for misusing funds or property by officer, director,
agent, or employee of, or connected with, any contractor
or subcontractor.
Penalty per head per day for each cow, bull, horse, mule, or
donkey in trespass.
Penalty per head per day for each sheep or goat in trespass.
25 CFR 700.725 .....................
25 CFR 700.725 .....................
Consistent with the Act, the adjusted
penalty levels for 2024 will take effect
immediately upon the effective date of
the adjustment. The adjusted penalty
levels for 2024 will apply to penalties
assessed after that date including, if
consistent with agency policy,
assessments associated with violations
that occurred on or after November 2,
2015 (the date of the Act). The Act does
not, however, change previously
assessed penalties that the Bureau is
collecting or has collected. Nor does the
Act change an agency’s existing
statutory authorities to adjust penalties.
III. Procedural Requirements
A. Regulatory Planning and Review
(E.O. 12866, 14094 and 13563)
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Current penalty including
catchup
adjustment
CFR citation
Executive Order 12866, as amended
by E.O. 14094, provides that the Office
of Information and Regulatory Affairs in
the Office of Management and Budget
will review all significant rules. The
Office of Information and Regulatory
Affairs has determined that this rule is
not significant.
Executive Order 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
Executive order 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.
In accordance with 5 U.S.C. 553(b)(4),
a summary of this rule may be found at
https://www.regulations.gov by
searching for ‘‘RIN 1076–AF75.’’
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B. Reducing Regulation and Controlling
Regulatory Costs (Executive Order
13771)
This rule is not an E.O. 13771
regulatory action because this rule is not
significant under Executive Order
12866.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
requires an agency to prepare a
regulatory flexibility analysis for rules
unless the agency certifies that the rule
will not have a significant economic
impact on a substantial number of small
entities. The RFA applies only to rules
for which an agency is required to first
publish a proposed rule. See 5 U.S.C.
603(a) and 604(a). The RFA does not
apply to this final rule because the
Bureau is not required to publish a
proposed rule for the reasons explained
below in section III.M below.
D. Congressional Review Act (CRA)
This rule is not a major rule under 5
U.S.C. 804(2). This rule:
(a) Does 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) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of 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 affect a taking of
private property or otherwise have
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Annual
adjustment
(multiplier)
18361
Adjusted
penalty for
2024
10,000
1.03241
10,324
1
1.03241
1 and 3¢
25¢
1.03241
26¢
taking implications under Executive
Order 12630. A takings implication
assessment is not required.
G. Federalism (E.O. 13132)
Under the criteria in section 1 of
Executive Order 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 Executive Order 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.
I. Consultation With Indian Tribes (E.O.
13175 and Departmental Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
tribes through a commitment to
consultation with Indian Tribes and
recognition of their right to selfgovernance 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 that it has
no substantial direct effects on federally
recognized Indian Tribes and that
consultation under the Department’s
tribal consultation policy is not
required.
J. Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act (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.
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Rules and Regulations
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 the rule
is covered by a categorical exclusion.
This rule is excluded from the
requirement to prepare a detailed
statement because it is a regulation of an
administrative nature. 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 Executive
Order 13211. A Statement of Energy
Effects is not required.
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M. Clarity of This Regulation
We are required by E.O. 12866 and
12988 and by the Presidential
Memorandum of June 1, 1998, to write
all rules in plain language. This means
that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the FOR FURTHER
INFORMATION CONTACT section. To better
help us revise the rule, your comments
should be as specific as possible. For
example, you should tell us the
numbers of the sections or paragraphs
that you find unclear, which sections or
sentences are too long, the sections
where you believe lists or tables would
be useful, etc.
N. Administrative Procedure Act
The Act requires agencies to publish
annual inflation adjustments by no later
than January 15, of each year,
notwithstanding section 553 of the
Administrative Procedure Act (APA) (5
U.S.C. 553). OMB has interpreted this
direction to mean that the usual APA
public procedure for rulemaking—
which includes public notice of a
proposed rule, an opportunity for public
comment, and a delay in the effective
date of a final rule—is not required
when agencies issue regulations to
implement the annual adjustments to
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civil penalties that the Act requires.
Accordingly, we are issuing the annual
adjustments as a final rule without prior
notice or an opportunity for comment
and with an effective date immediately
upon publication in the Federal
Register.
Section 553(b) of the APA provides
that, when an agency for good cause
finds that ‘‘notice and public procedure
. . . are impracticable, unnecessary, or
contrary to the public interest,’’ the
agency may issue a rule without
providing notice and an opportunity for
prior public comment. Under section
553(b), the Bureau finds that there is
good cause to promulgate this rule
without first providing for public
comment. It would not be possible to
meet the deadlines imposed by the Act
if we were to first publish a proposed
rule, allow the public sufficient time to
submit comments, analyze the
comments, and publish a final rule.
Also, the Bureau is promulgating this
final rule to implement the statutory
directive in the Act, which requires
agencies to publish a final rule and to
update the civil penalty amounts by
applying a specified formula. The
Bureau has no discretion to vary the
amount of the adjustment to reflect any
views or suggestions provided by
commenters. Accordingly, it would
serve no purpose to provide an
opportunity for public comment on this
rule prior to promulgation. Thus,
providing for notice and public
comment is impracticable and
unnecessary.
Furthermore, the Bureau finds under
section 553(d)(3) of the APA that good
cause exists to make this final rule
effective immediately upon publication
in the Federal Register. In the Act,
Congress expressly required Federal
agencies to publish annual inflation
adjustments to civil penalties in the
Federal Register by January 15 of each
year, notwithstanding section 553 of the
APA. Under the statutory framework
and OMB guidance, the new penalty
levels take effect immediately upon the
effective date of the adjustment. The
statutory deadline does not allow time
to delay this rule’s effective date beyond
publication. Moreover, an effective date
after January 15 would delay
application of the new penalty levels,
contrary to Congress’s intent.
25 CFR Part 141
Business and industry, Credit,
Indians—business and finance,
Penalties.
25 CFR Part 211
Geothermal energy, Indians—lands,
Mineral resources, Mines, Oil and gas
exploration, Reporting and
recordkeeping requirements.
25 CFR Part 213
Indians—lands, Mineral resources,
Mines, Oil and gas exploration,
Reporting and recordkeeping
requirements.
25 CFR Part 225
Geothermal energy, Indians—lands,
Mineral resources, Mines, Oil and gas
exploration, Penalties, Reporting and
recordkeeping requirements, Surety
bonds.
25 CFR Part 226
Indians—lands.
25 CFR Part 227
Indians—lands, Mineral resources,
Mines, Oil and gas exploration,
Reporting and recordkeeping
requirements.
25 CFR Part 243
Indians, Livestock.
25 CFR Part 249
Fishing, Indians.
25 CFR Part 273
Elementary and secondary education,
Grant programs—Indians, Indians—
education, Schools.
25 CFR Part 700
Indians, Indians—lands, Livestock.
For the reasons given in the preamble,
the Department of the Interior amends
chapter I of title 25 Code of Federal
Regulations as follows.
Title 25—Indians
Chapter I—Bureau of Indian Affairs,
Department of the Interior
PART 140—LICENSED INDIAN
TRADERS
1. The authority citation for part 140
continues to read as follows:
■
List of Subjects
Authority: 5 U.S.C. 301; 18 U.S.C. 437; 25
U.S.C. 2, 9, 261, 262, 264; sec. 5, 19 Stat. 200,
sec. 1, 31 Stat. 1066, as amended; and sec.
701, Pub. L. 114–74, 129 Stat. 599, unless
otherwise noted.
25 CFR Part 140
§ 140.3
Business and industry, Indians,
Penalties.
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[Amended]
2. In § 140.3, remove ‘‘$1,566’’ and
add in its place ‘‘$1,617’’ and remove
■
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the parenthetical authority citation at
the end of the section.
2(a), 92 Stat. 1660; and Sec. 701, Pub. L. 114–
74, 129 Stat. 599.
PART 141—BUSINESS PRACTICES ON
THE NAVAJO, HOPI AND ZUNI
RESERVATIONS
§ 226.42
12. In § 226.42, remove ‘‘$1,117’’ and
add in its place ‘‘$1,153’’.
PART 700—COMMISSION
OPERATIONS AND RELOCATION
PROCEDURES
3. The authority citation for part 141
continues to read as follows:
§ 226.43
■
■
§ 141.50
[Amended]
4. In § 141.50, remove ‘‘$1,566’’ and
add in its place ‘‘$1,617’’.
PART 211—LEASING OF TRIBAL
LANDS FOR MINERAL DEVELOPMENT
5. The authority citation for part 211
continues to read as follows:
■
Authority: Sec. 4, Act of May 11, 1938 (52
Stat. 347); Act of August 1, 1956 (70 Stat.
744); 25 U.S.C. 396a–g; 25 U.S.C. 2 and 9;
and Sec. 701, Pub. L. 114–74, 129 Stat. 599,
unless otherwise noted.
[Amended]
6. In § 211.55(a), remove ‘‘$1,882’’ and
add in its place ‘‘$1,943’’.
■
PART 213—LEASING OF RESTRICTED
LANDS FOR MEMBERS OF FIVE
CIVILIZED TRIBES, OKLAHOMA, FOR
MINING
7. The authority citation for part 213
continues to read as follows:
■
Authority: Sec. 2, 35 Stat. 312; sec. 18, 41
Stat. 426; sec. 1, 45 Stat. 495; sec. 1, 47 Stat.
777; 25 U.S.C. 356; and Sec. 701, Pub. L.
114–74, 129 Stat. 599. Interpret or apply secs.
3, 11, 35 Stat. 313, 316; sec. 8, 47 Stat. 779,
unless otherwise noted.
§ 213.37
[Amended]
13. In § 226.43:
a. Remove ‘‘$111’’ wherever it appears
and add ‘‘$115’’ in its place.
■ b. In paragraph (e), remove ‘‘$223’’
and add in its place ‘‘$230’’.
■ c. In paragraph (f), remove ‘‘$446’’ and
add in its place ‘‘$460’’.
■ d. In paragraph (g), remove ‘‘$1,117’’
and add in its place ‘‘$1,153’’.
■
§ 211.55
[Amended]
■
■
■
Authority: 5 U.S.C. 301; 25 U.S.C. 2 and
9; and Sec. 701, Pub. L. 114–74, 129 Stat.
599, unless otherwise noted.
[Amended]
PART 227—LEASING OF CERTAIN
LANDS IN WIND RIVER INDIAN
RESERVATION, WYOMING, FOR OIL
AND GAS MINING
14. The authority citation for part 227
continues to read as follows:
■
Authority: Sec. 1, 39 Stat. 519; and Sec.
701, Pub. L. 114–74, 129 Stat. 599, unless
otherwise noted.
§ 227.24
9. The authority citation for part 225
continues to read as follows:
■
Authority: Sec. 12, 50 Stat. 902; 25 U.S.C.
500K; and Sec. 701, Pub. L. 114–74, 129 Stat.
599.
§ 243.8
[Amended]
17. In § 243.8(a) introductory text,
remove ‘‘$7,383’’ and add in its place
‘‘$7,622’’.
■
18. The authority citation for part 249
continues to read as follows:
Authority: 25 U.S.C. 2, and 9; 5 U.S.C. 301;
and Sec. 701, Pub. L. 114–74, 129 Stat. 599,
unless otherwise noted.
[Amended]
19. In § 249.6(b), remove ‘‘$1,566’’ and
add in its place ‘‘$1,617’’.
Authority: Sec. 3, 34 Stat. 543; secs. 1, 2,
45 Stat. 1478; sec. 3, 52 Stat. 1034, 1035; sec.
VerDate Sep<11>2014
15:51 Mar 12, 2024
Jkt 262001
20. The authority citation for part 273
continues to read as follows:
■
11. The authority citation for part 226
continues to read as follows:
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2024–05275 Filed 3–12–24; 8:45 am]
BILLING CODE 4337–15–P
PENSION BENEFIT GUARANTY
CORPORATION
AGENCY:
PART 273—EDUCATION CONTRACTS
UNDER JOHNSON-O’MALLEY ACT
■
24. In § 700.725, remove ‘‘$1’’ and add
in its place ‘‘$1 and 3¢’’.
■ 25. In § 700.725, remove ‘‘25¢’’ and
add in its place ‘‘26¢’’.
■
16. The authority citation for part 243
continues to read as follows:
■
§ 225.37
PART 226—LEASING OF OSAGE
RESERVATION LANDS FOR OIL AND
GAS MINING
[Amended]
Allocation of Assets in SingleEmployer Plans; Interest Assumptions
for Valuing Benefits
■
[Amended]
§ 700.725
PART 243—REINDEER IN ALASKA
Authority: 25 U.S.C. 2, 9, and 2101–2108;
and Sec. 701, Pub. L. 114–74, 129 Stat. 599.
10. In § 225.37(a), remove ‘‘$1,992’’
and add in its place ‘‘$2,057’’.
Authority: Pub. L. 99–590; Pub. L. 93–531,
88 Stat. 1712 as amended by Pub. L. 96–305,
94 Stat. 929, Pub. L. 100–666, 102 Stat. 3929
(25 U.S.C. 640d).
29 CFR Part 4044
§ 249.6
■
23. The authority citation for part 700
continues to read as follows:
[Amended]
15. In § 227.24, remove ‘‘$1,566’’ and
add in its place ‘‘$1,617’’.
■
PART 225—OIL AND GAS,
GEOTHERMAL, AND SOLID MINERALS
AGREEMENTS
22. In § 273.182(b) remove ‘‘$10,000’’
and add in its place ‘‘$10,324’’.
■
■
PART 249—OFF-RESERVATION
TREATY FISHING
8. In § 213.37, remove ‘‘$1,566’’ and
add in its place ‘‘$1,617’’.
■
lotter on DSK11XQN23PROD with RULES1
18363
Authority: Secs. 201–203, Pub. L. 93–638,
88 Stat. 2203, 2213–2214 (25 U.S.C. 455–
457), unless otherwise noted.
§ 273.182
[Amended]
21. In § 273.182(a) remove ‘‘$1,000’’
and add in its place ‘‘$1,032’’.
■
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
This final rule amends the
Pension Benefit Guaranty Corporation’s
regulation on Allocation of Assets in
Single-Employer Plans to prescribe
interest assumptions under the asset
allocation regulation for plans with
valuation dates in the second quarter of
2024. These interest assumptions are
used for valuing benefits under
terminating single-employer plans and
for other purposes.
DATES: Effective April 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Monica O’Donnell (odonnell.monica@
pbgc.gov), Attorney, Office of the
General Counsel, Pension Benefit
Guaranty Corporation, 445 12th Street
SW, Washington, DC 20024–2101, 202–
229–8706. If you are deaf or hard of
hearing or have a speech disability,
please dial 7–1–1 to access
telecommunications relay services.
SUPPLEMENTARY INFORMATION: PBGC’s
regulation on Allocation of Assets in
Single-Employer Plans (29 CFR part
4044) prescribes actuarial
assumptions—including interest
assumptions—for valuing benefits under
terminating single-employer plans
covered by title IV of the Employee
SUMMARY:
E:\FR\FM\13MRR1.SGM
13MRR1
]]>Agencies
[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Rules and Regulations]
[Pages 18359-18363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05275]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Parts 140, 141, 211, 213, 225, 226, 227, 243, 249, 273, and
700
[245A2100DD/AAKC001030/A0A501010.999900253G]
RIN 1076-AF75
Civil Penalties Inflation Adjustments; Annual Adjustments
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule provides for annual adjustments to the level of
civil monetary penalties contained in Bureau of Indian Affairs (Bureau)
regulations to account for inflation under the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 and Office of
Management and Budget (OMB) guidance.
DATES: This rule is effective on March 13, 2024.
ADDRESSES:
Federal eRulemaking Portal: This rule may be found on the
internet at https://www.regulations.gov by entering ``RIN 1076-AF75''
in the search box.
Alternative Format: On request to the program contact
person listed under FOR FURTHER INFORMATION CONTACT, individuals can
obtain this document in an alternate format, usable by people with
disabilities, at the Office of the Assistant Secretary--Indian Affairs,
Room 4660, 1849 C Street NW, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Oliver Whaley, Director, Office of
Regulatory Affairs and Collaborative Action (RACA), Office of the
Assistant Secretary--Indian Affairs; Department of the Interior,
[email protected]; telephone (202) 738-6065. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services.
SUPPLEMENTARY INFORMATION:
I. Background
II. Calculation of Annual Adjustments
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866, 14094 and 13563)
B. Reducing Regulation and Controlling Regulatory Costs (E.O.
13771)
C. Regulatory Flexibility Act
D. Congressional Review Act (CRA)
E. Unfunded Mandates Reform Act
F. Takings (E.O. 12630)
G. Federalism (E.O. 13132)
H. Civil Justice Reform (E.O. 12988)
I. Consultation With Indian Tribes (E.O. 13175)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on the Energy Supply (E.O. 13211)
M. Clarity of This Regulation
N. Administrative Procedure Act
I. Background
On November 2, 2015, the President signed into law the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (sec.
701 of Pub. L. 114-74) (``the Act''). The Act requires Federal agencies
to adjust the level of civil monetary penalties with an initial
``catch-up'' adjustment through rulemaking and then make subsequent
annual adjustments for inflation. The purpose of these adjustments is
to maintain the deterrent effect of civil penalties and to further the
policy goals of the underlying statutes.
The Office of Management and Budget (OMB) issued guidance for
Federal agencies on calculating the catch-up adjustment. See February
24, 2016, Memorandum for the Heads of Executive Departments and
Agencies, from Shaun Donovan, Director, Office of Management and
Budget, re: Implementation of the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (M-16-06). Under the guidance,
the Department identified applicable civil monetary penalties and
calculated the catch-up adjustment. A civil monetary penalty is any
assessment with a dollar amount that is levied for a violation of a
Federal civil statute or regulation, and is assessed or enforceable
through a civil action in Federal court or an administrative
proceeding. A civil monetary penalty does not include a penalty levied
for violation of a criminal statute, or fees for services, licenses,
permits, or other regulatory review. The calculated catch-up adjustment
is based on the percent change between the Consumer Price Index for all
Urban Consumers (CPI-U) for the month of October in the year of the
previous adjustment (or in the year of establishment, if no adjustment
has been made) and the October 2015 CPI-U.
[[Page 18360]]
The Bureau issued an interim final rule providing for calculated
catch-up adjustments on June 30, 2016 (81 FR 42478), with an effective
date of August 1, 2016, and requesting comments post-promulgation. The
Bureau issued a final rule affirming the catch-up adjustments set forth
in the interim final rule on December 2, 2016 (81 FR 86953). The Bureau
then issued a final rule making the next scheduled annual inflation
adjustment for 2017 on January 23, 2017 (82 FR 7649), for 2018 on
February 6, 2018 (83 FR 5192), for 2019 on April 15, 2019 (84 FR
15098), for 2020 on February 19, 2020 (85 FR 9366), for 2021 on January
28, 2021 (86 FR 7344), for 2022 on March 9, 2022 (87 FR 13153), and for
2023 on March 2, 2023 (88 FR 13018).
II. Calculation of 2024 Annual Adjustments
OMB recently issued guidance to assist Federal agencies in
implementing the annual adjustments required by the Act, which agencies
must complete by January 15, 2024. See December 19, 2023, Memorandum
for the Heads of Executive Departments and Agencies, from Shalanda D.
Young, Director, Office of Management and Budget, re: Implementation of
Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (M-24-07).
The guidance states that the cost-of-living adjustment multiplier for
2024, based on the CPI-U for the month of October 2023, not seasonally
adjusted, is 1.03241. The annual inflation adjustments are based on the
percent change between the October CPI-U preceding the date of the
adjustment, and the prior year's October CPI-U. For 2024, OMB explains,
October 2023 CPI-U (307.671)/October 2022 CPI-U (298.012) = 1.03241.
The guidance instructs agencies to complete the 2024 annual adjustment
by multiplying each applicable penalty by the multiplier 1.03241 and
rounding to the nearest dollar. Further, agencies should apply the
multiplier to the most recent penalty amount that includes the initial
catch-up adjustment required by the Act.
The annual adjustment applies to all civil monetary penalties with
a dollar amount that are subject to the Act. This final rule adjusts
the following civil monetary penalties contained in the Bureau's
regulations for 2024 by multiplying 1.03241 by each penalty amount as
updated by the adjustment made in the prior year (2023):
----------------------------------------------------------------------------------------------------------------
Current
penalty Annual Adjusted
CFR citation Description of penalty including adjustment penalty for
catchup (multiplier) 2024
adjustment
----------------------------------------------------------------------------------------------------------------
25 CFR 140.3....................... Penalty for trading in $1,566 1.03241 $1,617
Indian country without a
license.
25 CFR 141.50...................... Penalty for trading on 1,566 1.03241 1,617
Navajo, Hopi, or Zuni
reservations without a
license.
25 CFR 211.55...................... Penalty for violation of 1,882 1.03241 1,943
leases of tribal land for
mineral development,
violation of part 211, or
failure to comply with a
notice of noncompliance or
cessation order.
25 CFR 213.37...................... Penalty for failure of 1,566 1.03241 1,617
lessee to comply with
lease of restricted lands
of members of the Five
Civilized Tribes in
Oklahoma for mining,
operating regulations at
part 213, or orders.
25 CFR 225.37...................... Penalty for violation of 1,992 1.03241 2,057
minerals agreement,
regulations at part 225,
other applicable laws or
regulations, or failure to
comply with a notice of
noncompliance or cessation
order.
25 CFR 226.42...................... Penalty for violation of 1,117 1.03241 1,153
lease of Osage reservation
lands for oil and gas
mining or regulations at
part 226, or noncompliance
with the Superintendent's
order.
25 CFR 226.43(a)................... Penalty per day for failure 111 1.03241 115
to obtain permission to
start operations.
25 CFR 226.43(b)................... Penalty per day for failure 111 1.03241 115
to file records.
25 CFR 226.43(c)................... Penalty for each well and 111 1.03241 115
tank battery for failure
to mark wells and tank
batteries.
25 CFR 226.43(d)................... Penalty each day after 111 1.03241 115
operations are commenced
for failure to construct
and maintain pits.
25 CFR 226.43(e)................... Penalty for failure to 223 1.03241 230
comply with requirements
regarding valve or other
approved controlling
device.
25 CFR 226.43(f)................... Penalty for failure to 446 1.03241 460
notify Superintendent
before drilling,
redrilling, deepening,
plugging, or abandoning
any well.
25 CFR 226.43(g)................... Penalty per day for failure 1,117 1.03241 1,153
to properly care for and
dispose of deleterious
fluids.
25 CFR 226.43(h)................... Penalty per day for failure 111 1.03241 115
to file plugging and other
required reports.
25 CFR 227.24...................... Penalty for failure of 1,566 1.03241 1,617
lessee of certain lands in
Wind River Indian
Reservation, Wyoming, for
oil and gas mining to
comply with lease
provisions, operating
regulations, regulations
at part 227, or orders.
25 CFR 243.8....................... Penalty for non-Native 7,383 1.03241 7,622
transferees of live
Alaskan reindeer who
violates part 243, takes
reindeer without a permit,
or fails to abide by
permit terms.
25 CFR 249.6(b).................... Penalty for fishing in 1,566 1.03241 1,617
violation of regulations
at part 249 (Off-
Reservation Treaty
Fishing).
25 CFR 273.182(a).................. Penalty for misusing funds 1,000 1.03241 1,032
or property by officer,
director, agent, or
employee of, or connected
with, any contractor or
subcontractor.
[[Page 18361]]
25 CFR 273.182(b).................. Penalty for misusing funds 10,000 1.03241 10,324
or property by officer,
director, agent, or
employee of, or connected
with, any contractor or
subcontractor.
25 CFR 700.725..................... Penalty per head per day 1 1.03241 1 and 3[cent]
for each cow, bull, horse,
mule, or donkey in
trespass.
25 CFR 700.725..................... Penalty per head per day 25[cent] 1.03241 26[cent]
for each sheep or goat in
trespass.
----------------------------------------------------------------------------------------------------------------
Consistent with the Act, the adjusted penalty levels for 2024 will
take effect immediately upon the effective date of the adjustment. The
adjusted penalty levels for 2024 will apply to penalties assessed after
that date including, if consistent with agency policy, assessments
associated with violations that occurred on or after November 2, 2015
(the date of the Act). The Act does not, however, change previously
assessed penalties that the Bureau is collecting or has collected. Nor
does the Act change an agency's existing statutory authorities to
adjust penalties.
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866, 14094 and 13563)
Executive Order 12866, as amended by E.O. 14094, provides that the
Office of Information and Regulatory Affairs in the Office of
Management and Budget will review all significant rules. The Office of
Information and Regulatory Affairs has determined that this rule is not
significant.
Executive Order 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 Executive order 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.
In accordance with 5 U.S.C. 553(b)(4), a summary of this rule may
be found at https://www.regulations.gov by searching for ``RIN 1076-
AF75.''
B. Reducing Regulation and Controlling Regulatory Costs (Executive
Order 13771)
This rule is not an E.O. 13771 regulatory action because this rule
is not significant under Executive Order 12866.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires an agency to prepare
a regulatory flexibility analysis for rules unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. The RFA applies only to rules for
which an agency is required to first publish a proposed rule. See 5
U.S.C. 603(a) and 604(a). The RFA does not apply to this final rule
because the Bureau is not required to publish a proposed rule for the
reasons explained below in section III.M below.
D. Congressional Review Act (CRA)
This rule is not a major rule under 5 U.S.C. 804(2). This rule:
(a) Does 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) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
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 affect a taking of private property or otherwise
have taking implications under Executive Order 12630. A takings
implication assessment is not required.
G. Federalism (E.O. 13132)
Under the criteria in section 1 of Executive Order 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 Executive Order 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.
I. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)
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 Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Indian Tribes and that
consultation under the Department's tribal consultation policy is not
required.
J. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act (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.
[[Page 18362]]
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 the rule is covered by a categorical exclusion. This
rule is excluded from the requirement to prepare a detailed statement
because it is a regulation of an administrative nature. 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 Executive Order 13211. A Statement of Energy Effects is not
required.
M. Clarity of This Regulation
We are required by E.O. 12866 and 12988 and by the Presidential
Memorandum of June 1, 1998, to write all rules in plain language. This
means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the FOR FURTHER INFORMATION
CONTACT section. To better help us revise the rule, your comments
should be as specific as possible. For example, you should tell us the
numbers of the sections or paragraphs that you find unclear, which
sections or sentences are too long, the sections where you believe
lists or tables would be useful, etc.
N. Administrative Procedure Act
The Act requires agencies to publish annual inflation adjustments
by no later than January 15, of each year, notwithstanding section 553
of the Administrative Procedure Act (APA) (5 U.S.C. 553). OMB has
interpreted this direction to mean that the usual APA public procedure
for rulemaking--which includes public notice of a proposed rule, an
opportunity for public comment, and a delay in the effective date of a
final rule--is not required when agencies issue regulations to
implement the annual adjustments to civil penalties that the Act
requires. Accordingly, we are issuing the annual adjustments as a final
rule without prior notice or an opportunity for comment and with an
effective date immediately upon publication in the Federal Register.
Section 553(b) of the APA provides that, when an agency for good
cause finds that ``notice and public procedure . . . are impracticable,
unnecessary, or contrary to the public interest,'' the agency may issue
a rule without providing notice and an opportunity for prior public
comment. Under section 553(b), the Bureau finds that there is good
cause to promulgate this rule without first providing for public
comment. It would not be possible to meet the deadlines imposed by the
Act if we were to first publish a proposed rule, allow the public
sufficient time to submit comments, analyze the comments, and publish a
final rule. Also, the Bureau is promulgating this final rule to
implement the statutory directive in the Act, which requires agencies
to publish a final rule and to update the civil penalty amounts by
applying a specified formula. The Bureau has no discretion to vary the
amount of the adjustment to reflect any views or suggestions provided
by commenters. Accordingly, it would serve no purpose to provide an
opportunity for public comment on this rule prior to promulgation.
Thus, providing for notice and public comment is impracticable and
unnecessary.
Furthermore, the Bureau finds under section 553(d)(3) of the APA
that good cause exists to make this final rule effective immediately
upon publication in the Federal Register. In the Act, Congress
expressly required Federal agencies to publish annual inflation
adjustments to civil penalties in the Federal Register by January 15 of
each year, notwithstanding section 553 of the APA. Under the statutory
framework and OMB guidance, the new penalty levels take effect
immediately upon the effective date of the adjustment. The statutory
deadline does not allow time to delay this rule's effective date beyond
publication. Moreover, an effective date after January 15 would delay
application of the new penalty levels, contrary to Congress's intent.
List of Subjects
25 CFR Part 140
Business and industry, Indians, Penalties.
25 CFR Part 141
Business and industry, Credit, Indians--business and finance,
Penalties.
25 CFR Part 211
Geothermal energy, Indians--lands, Mineral resources, Mines, Oil
and gas exploration, Reporting and recordkeeping requirements.
25 CFR Part 213
Indians--lands, Mineral resources, Mines, Oil and gas exploration,
Reporting and recordkeeping requirements.
25 CFR Part 225
Geothermal energy, Indians--lands, Mineral resources, Mines, Oil
and gas exploration, Penalties, Reporting and recordkeeping
requirements, Surety bonds.
25 CFR Part 226
Indians--lands.
25 CFR Part 227
Indians--lands, Mineral resources, Mines, Oil and gas exploration,
Reporting and recordkeeping requirements.
25 CFR Part 243
Indians, Livestock.
25 CFR Part 249
Fishing, Indians.
25 CFR Part 273
Elementary and secondary education, Grant programs--Indians,
Indians--education, Schools.
25 CFR Part 700
Indians, Indians--lands, Livestock.
For the reasons given in the preamble, the Department of the
Interior amends chapter I of title 25 Code of Federal Regulations as
follows.
Title 25--Indians
Chapter I--Bureau of Indian Affairs, Department of the Interior
PART 140--LICENSED INDIAN TRADERS
0
1. The authority citation for part 140 continues to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 437; 25 U.S.C. 2, 9, 261,
262, 264; sec. 5, 19 Stat. 200, sec. 1, 31 Stat. 1066, as amended;
and sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.
Sec. 140.3 [Amended]
0
2. In Sec. 140.3, remove ``$1,566'' and add in its place ``$1,617''
and remove
[[Page 18363]]
the parenthetical authority citation at the end of the section.
PART 141--BUSINESS PRACTICES ON THE NAVAJO, HOPI AND ZUNI
RESERVATIONS
0
3. The authority citation for part 141 continues to read as follows:
Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9; and Sec. 701, Pub.
L. 114-74, 129 Stat. 599, unless otherwise noted.
Sec. 141.50 [Amended]
0
4. In Sec. 141.50, remove ``$1,566'' and add in its place ``$1,617''.
PART 211--LEASING OF TRIBAL LANDS FOR MINERAL DEVELOPMENT
0
5. The authority citation for part 211 continues to read as follows:
Authority: Sec. 4, Act of May 11, 1938 (52 Stat. 347); Act of
August 1, 1956 (70 Stat. 744); 25 U.S.C. 396a-g; 25 U.S.C. 2 and 9;
and Sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.
Sec. 211.55 [Amended]
0
6. In Sec. 211.55(a), remove ``$1,882'' and add in its place
``$1,943''.
PART 213--LEASING OF RESTRICTED LANDS FOR MEMBERS OF FIVE CIVILIZED
TRIBES, OKLAHOMA, FOR MINING
0
7. The authority citation for part 213 continues to read as follows:
Authority: Sec. 2, 35 Stat. 312; sec. 18, 41 Stat. 426; sec. 1,
45 Stat. 495; sec. 1, 47 Stat. 777; 25 U.S.C. 356; and Sec. 701,
Pub. L. 114-74, 129 Stat. 599. Interpret or apply secs. 3, 11, 35
Stat. 313, 316; sec. 8, 47 Stat. 779, unless otherwise noted.
Sec. 213.37 [Amended]
0
8. In Sec. 213.37, remove ``$1,566'' and add in its place ``$1,617''.
PART 225--OIL AND GAS, GEOTHERMAL, AND SOLID MINERALS AGREEMENTS
0
9. The authority citation for part 225 continues to read as follows:
Authority: 25 U.S.C. 2, 9, and 2101-2108; and Sec. 701, Pub. L.
114-74, 129 Stat. 599.
Sec. 225.37 [Amended]
0
10. In Sec. 225.37(a), remove ``$1,992'' and add in its place
``$2,057''.
PART 226--LEASING OF OSAGE RESERVATION LANDS FOR OIL AND GAS MINING
0
11. The authority citation for part 226 continues to read as follows:
Authority: Sec. 3, 34 Stat. 543; secs. 1, 2, 45 Stat. 1478; sec.
3, 52 Stat. 1034, 1035; sec. 2(a), 92 Stat. 1660; and Sec. 701, Pub.
L. 114-74, 129 Stat. 599.
Sec. 226.42 [Amended]
0
12. In Sec. 226.42, remove ``$1,117'' and add in its place ``$1,153''.
Sec. 226.43 [Amended]
0
13. In Sec. 226.43:
0
a. Remove ``$111'' wherever it appears and add ``$115'' in its place.
0
b. In paragraph (e), remove ``$223'' and add in its place ``$230''.
0
c. In paragraph (f), remove ``$446'' and add in its place ``$460''.
0
d. In paragraph (g), remove ``$1,117'' and add in its place ``$1,153''.
PART 227--LEASING OF CERTAIN LANDS IN WIND RIVER INDIAN
RESERVATION, WYOMING, FOR OIL AND GAS MINING
0
14. The authority citation for part 227 continues to read as follows:
Authority: Sec. 1, 39 Stat. 519; and Sec. 701, Pub. L. 114-74,
129 Stat. 599, unless otherwise noted.
Sec. 227.24 [Amended]
0
15. In Sec. 227.24, remove ``$1,566'' and add in its place ``$1,617''.
PART 243--REINDEER IN ALASKA
0
16. The authority citation for part 243 continues to read as follows:
Authority: Sec. 12, 50 Stat. 902; 25 U.S.C. 500K; and Sec. 701,
Pub. L. 114-74, 129 Stat. 599.
Sec. 243.8 [Amended]
0
17. In Sec. 243.8(a) introductory text, remove ``$7,383'' and add in
its place ``$7,622''.
PART 249--OFF-RESERVATION TREATY FISHING
0
18. The authority citation for part 249 continues to read as follows:
Authority: 25 U.S.C. 2, and 9; 5 U.S.C. 301; and Sec. 701, Pub.
L. 114-74, 129 Stat. 599, unless otherwise noted.
Sec. 249.6 [Amended]
0
19. In Sec. 249.6(b), remove ``$1,566'' and add in its place
``$1,617''.
PART 273--EDUCATION CONTRACTS UNDER JOHNSON-O'MALLEY ACT
0
20. The authority citation for part 273 continues to read as follows:
Authority: Secs. 201-203, Pub. L. 93-638, 88 Stat. 2203, 2213-
2214 (25 U.S.C. 455-457), unless otherwise noted.
Sec. 273.182 [Amended]
0
21. In Sec. 273.182(a) remove ``$1,000'' and add in its place
``$1,032''.
0
22. In Sec. 273.182(b) remove ``$10,000'' and add in its place
``$10,324''.
PART 700--COMMISSION OPERATIONS AND RELOCATION PROCEDURES
0
23. The authority citation for part 700 continues to read as follows:
Authority: Pub. L. 99-590; Pub. L. 93-531, 88 Stat. 1712 as
amended by Pub. L. 96-305, 94 Stat. 929, Pub. L. 100-666, 102 Stat.
3929 (25 U.S.C. 640d).
Sec. 700.725 [Amended]
0
24. In Sec. 700.725, remove ``$1'' and add in its place ``$1 and
3[cent]''.
0
25. In Sec. 700.725, remove ``25[cent]'' and add in its place
``26[cent]''.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2024-05275 Filed 3-12-24; 8:45 am]
BILLING CODE 4337-15-P
