50866 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

Supplement No. 1 to Part 774 [Amended]

2. In Supplement No. 1 to part 774,

the Commerce Control List, Category 9

(Propulsion Systems, Space Vehicles,

and Related Equipment), Export Control

Classification Number (ECCN) 9A004 is

amended by revising the List of Items

Controlled to read as follows:

9A004 ‘‘Spacecraft’’, (not including their

payloads) and specially designed

components therefor that are not subject to

the authority of the Department of State.

(See notes.)

* * * * *

List of Items Controlled

Unit: Equipment in number; systems,

components, parts and accessories in $

value.

Related Controls: (1) The

corresponding EU list number controls

space launch vehicles (not including

their payloads) and other ‘‘spacecraft’’

(not identified in this CCL entry). These

items are subject to the export licensing

authority of the U.S. Department of

State, Office of Defense Trade Controls

(See 22 CFR part 121, Category XV). For

the control status of products contained

in ‘‘spacecraft’’ payloads, see the

appropriate categories of the U.S.

Munitions List (USML). (2) For the

control status of items contained in

‘‘spacecraft’’ payloads subject to the

EAR, see the appropriate entries on the

CCL.

Related Definition: Transferring

registration or operational control to any

foreign person of any commercial

communications satellite controlled by

this entry must be authorized on a

license issued by the Bureau of Export

Administration. This requirement

applies whether the commercial

communications satellite is physically

located in the United States or abroad.

Items

a. Commercial communications

Satellites;

Technical Note: Commercial

communications satellites are subject to

Commerce licensing jurisdiction even if they

include the individual munitions list

systems, components, or parts identified in

Category XV(f) of the United States

Munitions List (USML). In all other cases,

these Category XV(f) systems, components, or

parts remain on the USML, except that

satellite fuel, ground support equipment, test

equipment, payload adapter/interface

hardware, replacement parts for the

preceding items, and non-embedded, solid

propellant orbit transfer engines (‘‘kick

motors’’) are subject to Commerce licensing

jurisdiction (and not controlled on the

USML) when they are to be utilized for the

specific commercial communications

satellite launch, provided the solid

propellant ‘‘kick motor’’ being utilized is not

specifically designed or modified for military

use or capable of being restarted after

achievement of mission orbit (such orbit

transfer engines are always controlled under

Category IV of the USML). Technical data (as

defined in § 120.10 of the International

Traffic in Arms Regulations (ITAR)) and

defense services (as defined in § 120.9 of the

ITAR) related to the systems, components, or

parts referred to in Category XV(f) of the

USML are always controlled under the

USML, even when the satellite itself is

licensed by the Department of Commerce.

Notes: 1. Military communication satellites

or multi-mission satellites, including

commercial communications satellites

having additional non-communication

mission(s) or payload(s) are under the

jurisdiction of the Department of State.

2. As indicated in the Technical Note,

under some circumstances a license

application under 9A004 includes other

items, which are necessary for the

commercial communications satellite launch,

but are normally subject to State Department

jurisdiction. Certain of these items (e.g.,

kickmotors, satellite fuel, etc.) are controlled

by the Missile Technology Control Regime

(MTCR) Equipment and Technology Annex.

b. [Reserved]

c. Other ‘‘spacecraft’’ not subject to

the export licensing authority of the

U.S. Department of State, Office of

Defense Trade Controls under 22 CFR

part 121, Category XV.

Notes: 1. ECCN 9A004.c includes the

international space station being developed,

launched and operated under the supervision

of the U.S. National Aeronautics and Space

Administration. Exporters requesting a

license from the Department of Commerce for

spacecraft other than the international space

station or a commercial communications

satellite specified in 9A004 must provide a

statement from the Department of State,

Office of Defense Trade Controls, verifying

that the item intended for export is under the

licensing jurisdiction of the Department of

Commerce.

2. All other spacecraft, including all other

satellites not controlled under 9A004 and

components, parts, accessories, attachments,

associated equipment, and ground support

equipment therefor are subject to the export

licensing authority of the Department of

State.

3. Items on Category XV(f) of the USML

and certain other USML items designated in

the technical note, above, that are included

in a commercial communications satellite to

be exported under a Commerce license must

be specifically listed on the Commerce

license application. Such USML items when

not included in a specific commercial

communications satellite are under the

jurisdiction of the Department of State.

4. Technical data provided to the launch

provider (form, fit, function, mass, electrical,

mechanical, dynamic/environmental,

telemetry, safety, facility, launch pad access,

and launch parameters) for commercial

communications satellites that describe the

interfaces for mating of the satellite to the

launch vehicle and parameters for launch

(e.g., orbit, timing) of the satellite, are under

Commerce jurisdiction. Other technical data

and all defense services and technical

assistance for satellite and/or launch

vehicles, including compatibility,

integration, or processing data are controlled

and subject to licensing by the Department of

State, in accordance with 22 CFR parts 120

through 130. Approval for such technical

assistance will require a Technical

Assistance Agreement (TAA) and may

require U.S. Government oversight.

5. Once a satellite is launched, items

remaining unlaunched are required to be

returned immediately to the United States. If

the satellite launch is canceled or unduly

delayed, the satellite and all support

equipment must be returned immediately to

the United States.

6. Detailed design, development,

production, or manufacturing data for all

spacecraft, including satellites, regardless of

which agency has jurisdiction over the

export, and all systems components, parts,

accessories, attachments, and associated

equipment (including ground support

equipment) specifically designed or modified

for articles under Category XV on the United

States Munitions List (including software

source code and operating algorithms) are

subject to licensing by the Department of

State. This does not include that level of

technical data (including marketing data)

necessary and reasonable for a purchaser to

have assurance that a U.S.-built item

intended to operate in space has been

designed, manufactured and tested in

conformance with specified contract

requirements (e.g., operational performance,

reliability, lifetime, product quality, or

delivery expectations) as well as data

necessary for normal in-orbit satellite

operations, to evaluate in-orbit anomalies,

and to operate and maintain associated

ground station equipment (except encryption

hardware).

Dated: September 17, 1997.

William V. Skidmore,

Acting Assistant Secretary for Export

Administration.

[FR Doc. 97–25765 Filed 9–26–97; 8:45 am]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 247

Use of Columbia River Treaty Fishing

Access Sites

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Interim rule with request for

comments.

SUMMARY: The Bureau of Indian Affairs

(BIA) is promulgating regulations for

application to the Columbia River

Fishing Access Sites. The current

regulations in part 248 do not apply to

these new fishing sites which are being
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50867

transferred to the Bureau from the U.S.

Army Corps of Engineers. This proposed

rule gives the Bureau the authority to

manage and maintain these fishing sites

for tribal fishermen. Part 248 is still

required for the maintenance of the inlieu fishing sites.

DATES: Interim rule effective September

29, 1997. Comments must be submitted

on or before November 28, 1997.

ADDRESSES: Submit comments on this

rule to Mr. Chuck James, Area

Archeologist, Portland Area Office,

Bureau of Indian Affairs, 911 N.E. 11

Ave., Portland, OR 97232, (503) 231–

6229.

FOR FURTHER INFORMATION CONTACT:

Chuck James (Area Archeologist), (503)

231–6229.

SUPPLEMENTARY INFORMATION: On

November 1, 1988, the President signed

into law Pub. L. 100–581, Title IV—

Columbia River Treaty Fishing Access

Sites. This bill, provides that certain

designated Federal lands shall be

administered to provide access to usual

and accustomed fishing areas and

ancillary fishing facilities for members

of the Nez Perce, Umatilla, Warm

Springs, and Yakima Indian Tribes. The

law directs the Secretary of the Army to

make various specified improvements to

both existing and additional lands, with

the Secretary of the Army maintaining

such lands until they are transferred to

the Secretary of the Interior.

One of the sites will be transferred to

BIA jurisdiction at the time these

regulations are published. Without a

final rule, the BIA would not have

regulations to follow in administering

the sites.

Related regulations which cover the

existing In-Lieu Fishing Sites appear at

25 CFR 248, and are being revised into

plain English and published as a

proposed rule at a future date. Because

Treaty Fishing Access Sites are

authorized through separate legislation

and have different constraints than the

In-Lieu Sites, different regulations are

necessary.

The Bureau agreed that the States do

not have regulatory jurisdiction or

authority over the in-lieu fishing sites.

The sites are federal properties held by

the United States for the benefit of the

Indian Tribes with treaty fishing rights

in the Columbia River. The Bureau

regulates and manages the sites as a

matter of federal law, but, in the absence

of specific Bureau regulations governing

health, sanitation and safety

requirements, the regulation provides

for the incorporation by reference of

state or U.S. Public Health Service

standards. We addressed the issue of

non-fish oriented commercial

enterprises, as questions have arisen on

that subject since the promulgation of

the 248 regulations.

In August 1990, the United States

Court of Appeals for the Ninth Circuit

issued its opinion in Sohappy v. Hodel,

911 F.2d 1312 (9th Cir. 1990). In that

opinion the court, focused on the 1945

law which authorized the in-lieu sites.

The court determined that in enacting

the 1945 Act, Congress intended that the

existing conditions at the in-lieu sites

were to continue. The court found that

these conditions included year-round

dwellings. Because the regulations

published here cover sites authorized

not under the 1945 Act, but under the

1988 Act, the Bureau believes that the

Sohappy decision does not apply to the

new fishing access sites. These

regulations, therefore, address the

limitations on constructing dwellings on

the new sites.

One distinguishing feature of the 1988

Act is that different Tribes are included

than those that Congress included under

the 1945 Act. The 1988 Act, in addition

to the Yakima, Warm Springs, and

Umatilla Tribes, includes the Nez Perce

Tribe. The 1945 Act includes only the

Yakima, Umatilla, Warm Springs and

other Columbia River Indians. If the

existing regulations at 25 CFR 248 were

to apply to these new fishing access

sites, the Nez Perce Indians, although

they may be able to fish in the area,

would not have a legal basis for using

these new sites.

Archaeologic and historic evidence

indicates that some fishing areas have

been used through historic and

prehistoric times. Section 247.5(c) is

intended to protect the historic and

archaeologic resources. Authority for

this regulatory activity comes from

Archeological Resources Protection Act

of 1979, as amended 16 U.S.C. 470, Pub.

L. 96–95, and amendments (ARPA).

Section 247.13(a) explains that the

Area Director may close temporarily,

facilities at the sites for necessary

maintenance during the winter or at

other times if necessary, and that before

closing the facilities, the Area Director

will consult with delegated tribal

representatives, if possible. The BIA

intends to ensure access to fishing sites

even during periods in which the

facilities might be closed for

maintenance. The BIA intends not to

interfere with ceremonial fishing

activities. If tribal members require the

use of a facility during a period of

planned closure, then a delegated tribal

representative should contact the Area

Director to arrange if possible for a

particular facility to be opened during

that time.

Interested parties involved in this

rulemaking include: The Yakima Indian

Nation, the Confederated Tribes of the

Warm Springs Reservation of Oregon,

The Confederated Tribes of the Umatilla

Indian Reservation, the Nez Perce Tribe,

and the Columbia River Inter Tribal

Fisheries Commission (CRITFC). The

legislation was passed for the benefit of

the named tribes. Together, these tribes

comprise CRITFC’s constituency.

CRITFC is a coordinating entity for

Columbia River fisheries issues and law

enforcement. The interested parties sent

representatives to monthly task force

meetings from 1989 through the present.

Draft regulatory language was

distributed at these meetings, and

mailed to the tribal representatives, and

the tribal governments. In addition to

the task force meetings, the Portland

Area Director and staff, and a Solicitor’s

office attorney met with the tribes on

their reservations as requested.

We are publishing this interim rule by

the authority delegated by the Secretary

of the Interior to the Assistant

Secretary—Indian Affairs by 209 DM 8.

Our policy is to give the public an

opportunity to participate in the

rulemaking process by submitting

written comments. We will consider all

comments received during the public

comment period. We will determine

necessary revisions and publish those in

the Federal Register. Please refer to this

preamble’s ADDRESSES section for where

you must submit your written

comments on this interim rule.

We certified to the Office of

Management and Budget (OMB) that

these proposed regulations meet the

applicable standards provided in

Sections 2(a) and 2(b)(2) of Executive

Order 12778.

This rule is not a significant rule

under Executive Order 12866 and does

not require approval by the Office of

Management and Budget.

We determined this proposed rule:

(a) Does not constitute a major Federal

action significantly affecting the human

environment, and no detailed statement

is needed under the Environmental

Policy Act of 1969;

(b) Does not have significant takings

implications in accordance with

Executive Order 12630;

(c) Does not have significant

Federalism effects;

(d) Does not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.); and

(e) Does not contain collections of

information requiring approval under

the Paperwork Reduction Act (44 U.S.C.

3501 et seq.)
50868 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

(f) Does not impose an unfunded

mandate upon the public or state or

local governments.

List of Subjects in 25 CFR Part 247

Fisheries, Fishing, Indians, Indians—

claims, Indians—law.

For the reasons set out in the

preamble, part 247 is added to 25 CFR

as follows:

PART 247—USE OF COLUMBIA RIVER

TREATY FISHING ACCESS SITES

Sec.

247.1 What definitions apply to this part?

247.2 What lands are subject to these

regulations?

247.3 Who is eligible to use the sites?

247.4 How can eligible users be identified?

247.5 What laws and regulations apply to

the people who use these sites?

247.6 What will happen if I damage

Government-owned property?

247.7 Can I build a structure?

247.8 What am I responsible for if I use the

facilities?

247.9 What other rules apply while I am

using the facilities?

247.10 What will happen if I abandon

property?

247.11 What other restrictions apply to use

of the sites?

247.12 Will I have to pay to use a site?

247.13 Are the facilities available year

around?

247.14 Can I hook up a campsite to on-site

or off-site utilities?

247.15 May I reserve a campsite or drying

shed?

247.16 What fire is permitted?

247.17 What are the restrictions on fires?

247.18 What are the sanitation

prohibitions?

247.19 Can a site be used for commercial

enterprises other than fishing enterprises

by the tribes?

247.20 What are the road and trail

prohibitions?

247.21 Can I appeal an administrative

action?

Authority: 25 U.S.C. 2 and 9; Pub. L. 100–

581, Title IV.

§ 247.1 What definitions apply to this part?

Abandoned property means property

left at a site while the owner of the

property is not actively engaged in

fishing or drying or processing fish.

Abandoned property may include:

(1) Vehicles;

(2) Mobile trailers;

(3) Campers;

(4) Tents;

(5) Tepees;

(6) Boats, or;

(7) Other personal property.

Archaeological Resource means

material remains of prehistoric or

historic human life or activities that are

of archaeological interest and are at least

50 years of age, and the physical site,

location, or context in which they are

found.

Area Director means the position

responsible for administration of the

Portland Area of the Bureau of Indian

Affairs.

Campfire means fire, not within any

building, motor home or trailer, which

is used for cooking, personal warmth,

lighting, ceremonial or aesthetic

purposes.

Damage means to injure, mutilate,

deface, destroy, cut, chop, girdle, dig,

excavate, kill or in any way harm or

disturb.

Secretary means the Secretary of the

Interior or his designee.

Sites means Treaty Fishing Access

Sites.

Treaty Fishing Access Sites means all

Federal lands acquired by the Secretary

of the Army and Transferred to the

Secretary of the Interior pursuant to

Public Law 100–581, Title IV, November

1, 1988, to be administered to provide

access to usual and accustomed fishing

areas and ancillary fishing facilities.

Vehicle means any device in, upon, or

by which any person or property is or

may be transported, and including any

motor, frame, chassis, or body of any

motor vehicle, or camper shell, except

devices used exclusively upon

stationary rails or tracks.

§ 247.2 What lands are subject to these

regulations?

(a) Any treaty fishing access sites and

ancillary fishing facilities.

(b) These sites and facilities are

managed for the exclusive use of

members of the Nez Perce Tribe, the

Confederated Tribes of the Umatilla

Reservation, the Confederated Tribes of

the Warm Springs Reservation of

Oregon, and the Confederated Tribes

and Bands of the Yakima Indian

Reservation.

(c) The Area Director may suspend or

withdraw the privileges of use of any or

all of the facilities at the sites for any

violation of the regulations in this part

or of any rules issued under the

regulations in this part.

§ 247.3 Who is eligible to use the sites?

(a) You may use the sites for access to

usual and accustomed fishing areas and

ancillary fishing facilities if you are a

member of the Confederated Tribes and

Bands of the Yakima Indian Nation

(Yakima), the Confederated Tribes of the

Warm Springs Reservation of Oregon

(Warm Springs), the Confederated

Tribes of the Umatilla Indian

Reservation (Umatilla), and the Nez

Perce Tribe (Nez Perce).

(b) The general public or people

fishing who do not belong to the tribes

listed above cannot use these sites.

(c) Families of such Indians may

camp on the sites.

(d) You may not deny access to these

sites to any eligible user.

§ 247.4 How can eligible users be

identified?

(a) In order to use these sites you must

posses an identification card issued by

your tribe identifying you as a member

of that tribe.

(b) You must exhibit the identification

upon request of authorized Federal,

State, local or tribal officials.

§ 247.5 What laws and regulations apply to

the people who use these sites?

You may use access sites only if you

obey the following rules:

(a) You may not use any of the sites

for any activity that is contrary to the

provisions of your tribe or contrary to

Federal law or regulation, or in the

absence of Federal law or regulation

governing health, sanitation, and safety

requirements, State or U.S. Public

Health Service standards.

(b) The Area Director may suspend or

withdraw the privileges of use of any or

all of the facilities at the sites for any

violation of the regulations in this part

or for any violation of any rules issued

under the regulations in this part. You

cannot dig in, destroy, or remove any

portion of a prehistoric or historic

archaeological site or artifact.

(c) Nothing contained in the

regulations in this part is intended or

shall be construed as limiting or

affecting any treaty rights of any tribe

nor as subjecting any Indian properly

exercising tribal treaty rights to State

fishing laws or regulations that are not

compatible with those rights.

§ 247.6 What will happen if I damage

Government-owned property?

If you commit any act of vandalism,

depredation, destruction, theft, or

misuse of the land, buildings, fences,

signs, or other structures that are the

property of the United States you will

be subject to prosecution under

applicable Federal or State law.

§ 247.7 Can I build a structure?

(a) You may not build any structures

at the sites except as allowed under

paragraph (d) of this section .

(b) You may use the camping facilities

that have been constructed at the sites.

(c) In addition to these structures, you

may camp in tents, tepees, campers, and

mobile trailers. You must remove any

tents, tepees, campers, temporary drying

sheds, and mobile trailers from the sites

at any time you are not actively engaged

in fishing, drying fish, or processing fish

by other means, and during the time a

site is closed for maintenance.
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50869

(d) Where the Area Director has

designated areas for the construction of

temporary drying sheds, you may

construct a temporary drying shed

where space is available. You must

remove any temporary drying shed you

build.

(e) If you erect or maintain a structure

in violation of this section, the Area

Director may order it removed at any

time.

(f) The Area Director:

(1) Is not required to notify you before

removing the structure; and

(2) Will charge you the cost of

disposing of the structure.

§ 247.8 What am I responsible for if I use

the facilities?

You are responsible for:

(a) Campsites, drying sheds and other

facilities during the time you occupy or

use them; and

(b) Any personal property that you

erect, place, or maintain on the site

during the time you occupy the site,

including:

(1) Tents;

(2) Tepees;

(3) Campers;

(4) Mobile trailers;

(5) Temporary drying sheds;

(6) Fishing platforms;

(7) Boats; and

(8) Other fishing equipment.

§ 247.9 What other rules apply while I am

using the facilities?

(a) You cannot construct, take

possession of, occupy or otherwise use

any access site or structure for

residential purposes at an access site.

(b) Neither the United States nor any

officer or employee thereof warrants,

makes any representation, or is

responsible for the safety or condition of

any personal property.

§ 247.10 What will happen if I abandon

property?

If you abandon property at a site, it

may be removed without your consent

and disposed of at your expense, if the

Area Director approves.

§ 247.11 What other restrictions apply to

use of the sites?

The Area Director may prescribe and

post at the sites regulations covering:

(a) Camping;

(b) Picnicking;

(c) Use of alcoholic beverages;

(d) Setting or use of fires;

(e) Use of the sites for cleaning fish;

(f) Deposit of garbage, paper, cans,

bottles, or rubbish of any kind; or

(g) Use of the sites for any commercial

activity (including commercial

purchase of fish).

§ 247.12 Will I have to pay to use a site?

No. Neither you nor any member of

your family will be charged for using a

site in accordance with this part.

§ 247.13 Are the facilities available year

around?

(a) The Area Director may close

facilities at the sites for necessary

maintenance during the winter or at

other times if necessary. Before closing

the facilities, the Area Director will

consult with delegated tribal

representatives, if possible.

(b) You will still be able to access

your treaty fishing rights on the

Columbia River through these sites

while they are closed.

(c) If any sites are closed or restricted,

any affected tribe can contact the Area

Director and ask that the sites be

opened. The Area Director will work

together with the tribes to consider

these requests.

§ 247.14 Can I hook up a campsite to onsite or off-site utilities?

(a) You must share access to all onsite facilities.

(b) Because there are a limited

number of faucets available, only shortterm hose use is allowed to ensure that

others have access to water.

(c) You may not tap into electrical

lines or outlets, or have electrical power

brought in from an outside source for

campsite use.

§ 247.15 May I reserve a campsite or

drying shed?

No. You may not reserve a campsite,

drying shed, or other facility.

(a) You must use campsites, drying

sheds, and other facilities on a firstcome, first-served basis.

(b) You may not occupy one or more

campsites solely for the purpose of

reserving a site for another tribal

member.

§ 247.16 What fire is permitted?

(a) You may have a fire in designated

fire places, and other areas designated

for fires.

(b) You may have a fire inside a

drying shed in a manner that does not

jeopardize the structure.

§ 247.17 What are the restrictions on fires?

(a) You cannot burn timber, trees,

slash, brush or grass unless you have a

permit issued by the Area Director or

his designee.

(b) You cannot build a fire in an

unsafe location or leave a fire without

completely extinguishing it.

(c) You must control all fire and not

allow it to escape.

§ 247.18 What are the sanitation

prohibitions?

(a) You cannot deposit in any toilet,

toilet vault, or plumbing fixture

anything that could damage or interfere

with the operation or maintenance of

the fixture.

(b) You must dispose of all garbage,

including any paper, cans, bottle,

sewage, waste water or material, either

by removal from the site, or by

depositing it into receptacles or at

places provided for such purposes.

(c) You may not bring refuse, debris,

or toxic or hazardous materials to the

sites for disposal.

(d) All toxic or hazardous materials

must be properly removed from the

sites. You may not dispose of such

materials in a sewer line, tank, drain,

storm drain, or on the ground.

(e) You must not place in or near the

river or other water any substance that

pollutes or may pollute the water.

(f) If dumping stations are not

available, you must transport sewage off

site.

§ 247.19 Can a site be used for commercial

enterprises other than fishing enterprises

by the tribes?

(a) You may operate commercial

activities during commercial fishing

seasons, and subsistence activities,

incidental to treaty fishing on the site.

(b) You may not construct or operate

other types of commercial enterprises,

such as firework stands.

§ 247.20 What are the road and trail

prohibitions?

(a) You cannot damage or leave in a

damaged condition any road, trail, or

segment thereof.

(b) You cannot block, restrict, or

otherwise interfere with the use of a

road, trail, or gate.

§ 247.21 Can I appeal an administrative

action?

You may appeal any decision made

by the Area Director under this part to

the Commissioner of Indian Affairs. You

may appeal any decision of the

Commissioner of Indian Affairs to the

Secretary of the Interior in accordance

with part 2 of this chapter.

Dated: September 16, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–25495 Filed 9–26–97; 8:45 am]

BILLING CODE 4310–02–P