Civil Penalties Inflation Adjustments, 4671-4673 [2025-00976]
Download as PDF
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations
acquisitions. The policy is
administrative (how DOI chooses to
own real property), financial (how much
DOI expends for real property), and
legal (how different property interests
serve legal needs on individual reservoir
projects). The type of realty interest DOI
owns for reservoir inundation will not
alter the effects resulting from
inundation, which are subject to project
specific NEPA analysis. While this rule
could theoretically have negligible
causally removed socioeconomic effects
related to different opportunities
available to owners of inundated parcels
subject to flowage easements versus
landowners who have relinquished title
in a fee simple acquisition, any such
potential effects are so intertwined with
site specific conditions as to be too
broad, speculative, and conjectural to
support meaningful analysis. Those
effects, if any, would be considered in
project specific NEPA analysis in
situations where this rule could apply.
Effects on the Energy Supply (Executive
Order 13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211 and does not require a
Statement of Energy Effects.
List of Subjects in 43 CFR Part 8
Reservoir project lands, Acquisition of
easements.
Promulgation of Direct Final Rule
For the reasons stated in the
preamble, DOI is amending part 8 of
title 43 of the CFR as set forth below:
PART 8—JOINT POLICIES OF THE
DEPARTMENTS OF THE INTERIOR
AND OF THE ARMY RELATIVE TO
RESERVOIR PROJECT LANDS
1. The authority citation for part 8
continues to read as follows:
Authority: Sec. 7, 32 Stat. 389; sec. 14, 53
Stat. 1197; 43 U.S.C. 421, 389.
2. Add § 8.7 to read as follows:
ddrumheller on DSK120RN23PROD with RULES1
§ 8.7
Interior deviations.
On Department of the Interior
projects, a bureau director or secretarial
officer may authorize acquisition of
easements in lieu of fee title to property
to allow reservoir inundation of lands if
the acquisition meets a combined total
of at least five conditions listed in § 8.3
and in this section:
(a) The reservoir was originally
constructed before February 21, 1962.
(b) The current reservoir has utilized
more than de minimis acquisition of
easements for inundation.
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Joan M. Mooney,
Principal Deputy Assistant Secretary
Exercising the Delegated Authority of the
Assistant Secretary—Policy, Management,
and Budget.
[FR Doc. 2025–00510 Filed 1–15–25; 8:45 am]
BILLING CODE 4334–63–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary of the Interior
43 CFR Part 10
[NPS–WASO–NAGPRA–NPS0039273;
PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024–AE94
Civil Penalties Inflation Adjustments
Office of the Secretary, Interior.
Final rule.
AGENCY:
ACTION:
This rule revises U.S.
Department of the Interior (DOI)
regulations implementing the Native
American Graves Protection and
Repatriation Act (NAGPRA) to provide
for annual adjustments of civil penalties
to account for inflation under the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 and Office of Management and
Budget guidance. The purpose of these
adjustments is to maintain the deterrent
effect of civil penalties and to further
the policy goals of the underlying
statute. This rule also updates the
mailing address for the NAGPRA
Program.
SUMMARY:
This rule is effective on January
16, 2025.
FOR FURTHER INFORMATION CONTACT:
Melanie O’Brien, Manager, National
NAGPRA Program, (202) 354–2204,
National Park Service, 1849 C Street
NW, Washington, DC 20240. 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.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
DATES:
■
■
(c) The acquisition of less than fee
title is in the best interests of the United
States.
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
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4671
Pub. L. 114–74) (‘‘the Act’’). The Act
requires Federal agencies to adjust the
level of civil monetary penalties
annually for inflation no later than
January 15 of each year.
II. Calculation of Annual Adjustments
The Office of Management and Budget
(OMB) recently issued guidance to assist
Federal agencies in implementing the
annual adjustments required by the Act
which agencies must complete by
January 15, 2025. See December 17,
2024, 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 2025, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (M–25–02). The guidance states
that the cost-of-living adjustment
multiplier for 2025, based on the
Consumer Price Index (CPI–U) for the
month of October 2024, not seasonally
adjusted, is 1.02598.
Annual inflation adjustments are
based on the percent change between
each published October’s CPI–U. In this
case, October 2024 CPI–U (315.664)/
October 2023 CPI–U (307.671) =
1.02598. The guidance instructs
agencies to complete the 2025 annual
adjustment by multiplying each
applicable penalty by the amount,
1.02598, and rounding to the nearest
dollar.
The annual adjustment applies to all
civil monetary penalties with a dollar
amount that are subject to the Act. 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. This final rule adjusts
the following civil monetary penalties
contained in the DOI regulations
implementing NAGPRA for 2025 by
multiplying 1.02598 by each penalty
amount as updated by the adjustment
made in 2024:
1 When DOI last updated the NAGPRA
regulations to adjust the civil penalties on February
15, 2024 (89 FR 11740), it adjusted the daily civil
penalty amounts in one of the two locations where
they appear in 43 CFR 10.11. In order to accurately
adjust the daily civil penalty amount in 43 CFR
10.11(m)(1) that was not updated in 2024, DOI is
multiplying 1.02598 by the penalty amount that
should be in the CFR had it been updated in 2024.
The calculation therefore is $1,664 multiplied by
1.02598 = $1,707.
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Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations
Description of the penalty
43 CFR 10.11(c)(1) ...................................
43 CFR 10.11(g)(4) ...................................
43 CFR 10.11(m)(1) ..................................
Failure of Museum to Comply .......................................
Continued Failure to Comply Per Day ..........................
Continued Failure to Comply Per Day ..........................
Consistent with the Act, the adjusted
penalty levels for 2025 will take effect
immediately upon the effective date of
the adjustment. The adjusted penalty
levels for 2025 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 Act does not, however,
change previously assessed penalties
that the Department is collecting or has
collected. Nor does the Act change an
agency’s existing statutory authorities to
adjust penalties.
In addition to adjusting the amount of
civil penalties, this rule updates the
NAGPRA regulations at 43 CFR
10.1(e)(2) to reflect the new address of
the NAGPRA Program. This change is
needed to provide the public with
accurate information about where
communications to the NAGPRA
Program Manager may be sent if
electronic submission is not possible.
III. Procedural Requirements
A. Compliance With Other Laws,
Executive Orders, and Department
Policy. Regulatory Planning and Review
(Executive Orders 12866 and 13563 and
14094)
ddrumheller on DSK120RN23PROD with RULES1
2024
Penalty
CFR citation
Executive Order (E.O.) 14094 amends
E.O. 12866 and reaffirms the principles
of E.O. 12866 and E.O. 13563 and states
that regulatory analysis should facilitate
agency efforts to develop regulations
that serve the public interest, advance
statutory objectives, and are consistent
with E.O. 12866 and E.O. 13563.
Regulatory analysis, as practicable and
appropriate, shall recognize distributive
impacts and equity, to the extent
permitted by law. 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
developed this rule in a manner
consistent with these requirements.
E.O. 12866, as reaffirmed by E.O.
13563 and amended and reaffirmed by
E.O. 14094, provides that the Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget (OMB) will review all significant
rules. OIRA determined that this final
rule is not significant.
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B. Regulatory Flexibility Act (5 U.S.C.
601 et seq.)
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
Office of the Secretary is not required to
publish a proposed rule for the reasons
explained below in section III.L.
C. Congressional Review Act
This rule is not a major rule under 5
U.S.C. 804(2), the Congressional Review
Act. 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.
D. Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.)
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)
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.
F. 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
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$8,315
1,664
1,496
Annual
adjustment
(multiplier)
2025
Adjusted
penalty
1.02598
1.02598
1.02598
$8,531
1,707
1 1,707
impact statement. A federalism
summary impact statement is not
required.
G. 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.
H. 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. The
Department has evaluated this rule
under its consultation policy and under
the criteria in E.O. 13175 and has
determined that the rule has no
substantial direct effects on federally
recognized Indian Tribes and that
consultation under the Department’s
Tribal consultation policy is not
required.
I. 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.
J. National Environmental Policy Act
(NEPA)
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the 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
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Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations
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.
Authority: 25 U.S.C. 3001 et seq. and 25
U.S.C. 9.
K. Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in E.O.
13211; the rule is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy, and the
rule has not otherwise been designated
by the OIRA Administrator as a
significant energy action. A statement of
energy effects is not required.
■
■
L. 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
procedure for rulemaking under the
APA—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 2025
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. Providing an
opportunity for public comment and a
delay in the effective date for changing
the regulations to reflect the current
mailing address of the NAGPRA
Program Manager would be unnecessary
and contrary to the public interest.
BILLING CODE 4312–52–P
List of Subjects in 43 CFR Part 10
Administrative practice and
procedure, Alaska, Cemeteries,
Citizenship and naturalization, Colleges
and universities, Hawaiian Natives,
Historic preservation, Human remains,
Indians, Indians—claims, Indians—law,
Indians—lands, Museums, Penalties,
Public lands, Reporting and
recordkeeping requirements, Treaties.
For the reasons given in the preamble,
the Office of the Secretary amends 43
CFR part 10 as follows:
PART 10—NATIVE AMERICAN
GRAVES PROTECTION AND
REPATRIATION REGULATIONS
1. The authority citation for part 10
continues to read as follows:
■
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17:12 Jan 15, 2025
Jkt 265001
§ 10.1
[Amended]
2. In § 10.1, remove ‘‘7360’’ and add
in its place ‘‘2343’’ in paragraph (e)(2).
■
§ 10.11
[Amended]
3. In § 10.11:
a. Remove ‘‘$8,315’’ and add in its
place ‘‘$8,531’’ in paragraph (c)(1);
■ b. Remove ‘‘$1,664’’. and add in its
place ‘‘$1,707’’ in paragraph (g)(4); and
■ c. Remove ‘‘$1,496’’ and add in its
place ‘‘$1,707’’ in paragraph (m)(1).
Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2025–00976 Filed 1–15–25; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 5b
[Docket Number NIH–2022–0002]
RIN 0925–AA69
Privacy Act; Implementation
National Institutes of Health
(NIH), Department of Health and Human
Services (HHS).
ACTION: Final rule.
AGENCY:
The Department of Health and
Human Services (HHS or Department) is
issuing this final rule to make effective
the exemptions that were previously
proposed for a new Privacy Act system
of records, ‘‘NIH Police Records,’’
maintained by the National Institutes of
Health (NIH), from certain requirements
of the Act. The new system of records
covers criminal and non-criminal law
enforcement investigatory material
maintained by the NIH Division of
Police, a component of NIH which
performs criminal law enforcement as
its principal function. The exemptions
are necessary and appropriate to protect
the integrity of law enforcement
proceedings and records compiled
during the course of NIH Division of
Police activities, prevent disclosure of
investigative techniques, and protect the
identity of confidential sources involved
in those activities.
DATES: This final rule is effective
February 18, 2025.
FOR FURTHER INFORMATION CONTACT:
Dustin Close, Office of Management
Assessment, National Institutes of
Health, 6705 Rockledge Drive, Suite
601, Bethesda, Maryland 20892,
telephone 301–402–6469, email
privacy@mail.nih.gov.
SUMMARY:
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4673
SUPPLEMENTARY INFORMATION:
I. Introduction
HHS/NIH published a Notice of
Proposed Rulemaking (NPRM) in the
Federal Register on June 7, 2024 (89 FR
48536), seeking notice and comment
concerning proposed exemptions for a
new system of records with respect to
certain materials maintained by the NIH
Division of Police. These proposals were
made in accordance with the Privacy
Act of 1974 (Privacy Act) and the Office
of Management and Budget (OMB)
Circular A–108, Federal Agency
Responsibilities for Review, Reporting,
and Publication under the Privacy Act.
This new system of records was
described in a System of Records Notice
(SORN) that was published in the
Federal Register (89 FR 48654) on the
same day for notice and comment. A 60day comment period was provided for
both the NPRM and the SORN. The
public comment period for both the
NPRM and the SORN expired on August
6, 2024. One comment was received in
response to the NPRM, and no
comments were received in response to
the SORN. The comment received in
response to the NPRM supported the
rulemaking action. HHS/NIH made no
changes to the exemptions that were
proposed in the NPRM or to the SORN
in response to the public comment
received. The NPRM, as published on
June 7, 2024 (89 FR 48654), provided for
the SORN to be effective upon
publication of this final rule. Therefore,
the SORN, as published on June 7, 2024
(89 FR 48654), is now effective.
II. Background on the NIH Police
Division and New System of Records
09–25–0224
The NIH Division of Police,
organizationally located within the
Office of Research Services (ORS),
Office of the Director, NIH, was
established in 1968 to provide an
immediate and primary law
enforcement program for the NIH and
derives its authority from Memorandum
from the Assistant Secretary for
Administration, Office of the Secretary
(OS), to the Director, NIH, June 13,
1968, entitled: Delegation of Authority
to Assist in Controlling Violations of
Law at Certain HEW [Department of
Health, Education, and Welfare]
Facilities Located in Montgomery
County, Maryland; 40 U.S.C. 1315 (Law
enforcement authority of Secretary of
Homeland Security for protection of
public property; a Department of
Homeland Security (DHS) delegation of
authority to HHS/NIH; and an NIH
delegation of authority to the NIH
Division of Police); General
E:\FR\FM\16JAR1.SGM
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Agencies
[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4671-4673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00976]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary of the Interior
43 CFR Part 10
[NPS-WASO-NAGPRA-NPS0039273; PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024-AE94
Civil Penalties Inflation Adjustments
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises U.S. Department of the Interior (DOI)
regulations implementing the Native American Graves Protection and
Repatriation Act (NAGPRA) to provide for annual adjustments of civil
penalties to account for inflation under the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 and Office of
Management and Budget guidance. The purpose of these adjustments is to
maintain the deterrent effect of civil penalties and to further the
policy goals of the underlying statute. This rule also updates the
mailing address for the NAGPRA Program.
DATES: This rule is effective on January 16, 2025.
FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager, National
NAGPRA Program, (202) 354-2204, National Park Service, 1849 C Street
NW, Washington, DC 20240. 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. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
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 annually for inflation
no later than January 15 of each year.
II. Calculation of Annual Adjustments
The Office of Management and Budget (OMB) recently issued guidance
to assist Federal agencies in implementing the annual adjustments
required by the Act which agencies must complete by January 15, 2025.
See December 17, 2024, 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 2025, Pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (M-25-02). The guidance states
that the cost-of-living adjustment multiplier for 2025, based on the
Consumer Price Index (CPI-U) for the month of October 2024, not
seasonally adjusted, is 1.02598.
Annual inflation adjustments are based on the percent change
between each published October's CPI-U. In this case, October 2024 CPI-
U (315.664)/October 2023 CPI-U (307.671) = 1.02598. The guidance
instructs agencies to complete the 2025 annual adjustment by
multiplying each applicable penalty by the amount, 1.02598, and
rounding to the nearest dollar.
The annual adjustment applies to all civil monetary penalties with
a dollar amount that are subject to the Act. 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. This final
rule adjusts the following civil monetary penalties contained in the
DOI regulations implementing NAGPRA for 2025 by multiplying 1.02598 by
each penalty amount as updated by the adjustment made in 2024:
---------------------------------------------------------------------------
\1\ When DOI last updated the NAGPRA regulations to adjust the
civil penalties on February 15, 2024 (89 FR 11740), it adjusted the
daily civil penalty amounts in one of the two locations where they
appear in 43 CFR 10.11. In order to accurately adjust the daily
civil penalty amount in 43 CFR 10.11(m)(1) that was not updated in
2024, DOI is multiplying 1.02598 by the penalty amount that should
be in the CFR had it been updated in 2024. The calculation therefore
is $1,664 multiplied by 1.02598 = $1,707.
[[Page 4672]]
----------------------------------------------------------------------------------------------------------------
Annual
CFR citation Description of the penalty 2024 adjustment 2025 Adjusted
Penalty (multiplier) penalty
----------------------------------------------------------------------------------------------------------------
43 CFR 10.11(c)(1)....................... Failure of Museum to Comply $8,315 1.02598 $8,531
43 CFR 10.11(g)(4)....................... Continued Failure to Comply 1,664 1.02598 1,707
Per Day.
43 CFR 10.11(m)(1)....................... Continued Failure to Comply 1,496 1.02598 \1\ 1,707
Per Day.
----------------------------------------------------------------------------------------------------------------
Consistent with the Act, the adjusted penalty levels for 2025 will
take effect immediately upon the effective date of the adjustment. The
adjusted penalty levels for 2025 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 Act does not, however, change previously assessed penalties that
the Department is collecting or has collected. Nor does the Act change
an agency's existing statutory authorities to adjust penalties.
In addition to adjusting the amount of civil penalties, this rule
updates the NAGPRA regulations at 43 CFR 10.1(e)(2) to reflect the new
address of the NAGPRA Program. This change is needed to provide the
public with accurate information about where communications to the
NAGPRA Program Manager may be sent if electronic submission is not
possible.
III. Procedural Requirements
A. Compliance With Other Laws, Executive Orders, and Department Policy.
Regulatory Planning and Review (Executive Orders 12866 and 13563 and
14094)
Executive Order (E.O.) 14094 amends E.O. 12866 and reaffirms the
principles of E.O. 12866 and E.O. 13563 and states that regulatory
analysis should facilitate agency efforts to develop regulations that
serve the public interest, advance statutory objectives, and are
consistent with E.O. 12866 and E.O. 13563. Regulatory analysis, as
practicable and appropriate, shall recognize distributive impacts and
equity, to the extent permitted by law. 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 developed this rule in a manner consistent with
these requirements.
E.O. 12866, as reaffirmed by E.O. 13563 and amended and reaffirmed
by E.O. 14094, provides that the Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget (OMB) will review
all significant rules. OIRA determined that this final rule is not
significant.
B. Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
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 Office of the Secretary is not required to publish a
proposed rule for the reasons explained below in section III.L.
C. Congressional Review Act
This rule is not a major rule under 5 U.S.C. 804(2), the
Congressional Review Act. 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.
D. Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
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)
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.
F. 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.
G. 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.
H. 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. The Department has
evaluated this rule under its consultation policy and under the
criteria in E.O. 13175 and has determined that the rule has no
substantial direct effects on federally recognized Indian Tribes and
that consultation under the Department's Tribal consultation policy is
not required.
I. 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.
J. National Environmental Policy Act (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the 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
[[Page 4673]]
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.
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211; the rule is not likely to have a significant adverse
effect on the supply, distribution, or use of energy, and the rule has
not otherwise been designated by the OIRA Administrator as a
significant energy action. A statement of energy effects is not
required.
L. 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 procedure for
rulemaking under the APA--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 2025 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.
Providing an opportunity for public comment and a delay in the
effective date for changing the regulations to reflect the current
mailing address of the NAGPRA Program Manager would be unnecessary and
contrary to the public interest.
List of Subjects in 43 CFR Part 10
Administrative practice and procedure, Alaska, Cemeteries,
Citizenship and naturalization, Colleges and universities, Hawaiian
Natives, Historic preservation, Human remains, Indians, Indians--
claims, Indians--law, Indians--lands, Museums, Penalties, Public lands,
Reporting and recordkeeping requirements, Treaties.
For the reasons given in the preamble, the Office of the Secretary
amends 43 CFR part 10 as follows:
PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
REGULATIONS
0
1. The authority citation for part 10 continues to read as follows:
Authority: 25 U.S.C. 3001 et seq. and 25 U.S.C. 9.
Sec. 10.1 [Amended]
0
2. In Sec. 10.1, remove ``7360'' and add in its place ``2343'' in
paragraph (e)(2).
Sec. 10.11 [Amended]
0
3. In Sec. 10.11:
0
a. Remove ``$8,315'' and add in its place ``$8,531'' in paragraph
(c)(1);
0
b. Remove ``$1,664''. and add in its place ``$1,707'' in paragraph
(g)(4); and
0
c. Remove ``$1,496'' and add in its place ``$1,707'' in paragraph
(m)(1).
Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2025-00976 Filed 1-15-25; 8:45 am]
BILLING CODE 4312-52-P