Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 / Proposed Rules 55767

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 248

RIN 1076–AD86

Use of Columbia River Indian In-Lieu

Fishing Sites

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule with request for

comments.

SUMMARY: The Bureau of Indian Affairs

(BIA) is writing into plain English the

existing regulations governing the use of

Columbia River Indian In-Lieu Fishing

Sites. We are doing this as part of the

President’s regulatory reinvention

initiative.

DATES: Comments must be submitted on

or before December 29, 1997.

ADDRESSES: Submit comments on this

rule to: Chuck James, Area Archeologist,

Portland Area Office, Bureau of Indian

Affairs, 911 NE. 11 Ave., Portland, OR

97232, (503) 231–6229.

FOR FURTHER INFORMATION CONTACT:

Chuck James (Area Archeologist), (503)

231–6229.

SUPPLEMENTARY INFORMATION: The

purpose of this rulemaking is to revise

the regulations governing the use of

Columbia River Indian In-Lieu Fishing

Sites. We have written these regulations

in plain English to make them easier for

users to read and understand.

Executive Order 12988

The Department has certified to the

Office of Management and Budget

(OMB) that these proposed regulations

meet the applicable standards provided

in sections 3(a) and 3(b)(2) of Executive

Order 12988.

Executive Order 12866

This proposed rule is not a significant

regulatory action and does not require

Office of Management and Budget

review under Executive Order 12866.

Regulatory Flexibility Act

This rule will 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.).

Executive Order 12630

The Department has determined that

this rule does not have significant

‘‘takings’’ implications. The rule does

not pertain to ‘‘taking’’ of private

property interests, nor does it impact

private property.

Executive Order 12612

The Department has determined that

this rule does not have significant

Federalism effects because it pertains

solely to Federal-tribal relations and

will not interfere with the roles, rights,

and responsibilities of states.

NEPA Statement

The Department has determined that

this rule does not constitute a major

Federal action significantly affecting the

quality of the human environment and

that no detailed statement is required

under the National Environmental

Policy Act of 1969.

Paperwork Reduction Act of 1995

This rule does not contain any

collection of information requiring

approval under the Paperwork

Reduction Act of 1995.

Unfunded Mandates Reform Act of

1995

This rule imposes no unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Reform Act of 1995.

Drafting Information

The primary author of this document

is Chuck James, Area Archaeologist,

Bureau of Indian Affairs, Department of

the Interior.

List of Subjects in 25 CFR Part 248

Fisheries, Fishing, Indians, Indians—

claims, Indians—law.

For the reasons set out in the

preamble, Bureau of Indian Affairs

proposes to revise part 248 as follows:

PART 248—USE OF COLUMBIA RIVER

INDIAN IN-LIEU FISHING SITES

Sec.

248.1 What definitions apply to this part?

248.2 What lands are subject to these

regulations in this part?

248.3 Who is eligible to use Columbia River

in-lieu fishing sites?

248.4 How may I use the sites?

248.5 What identification do I need in order

to use a site?

248.6 What requirements must I obey in

order to be able to use a site?

248.7 How does this part affect tribal treaty

rights?

248.8 What will happen if I damage

government-owned property?

248.9 Can I build a structure on a site?

248.10 What sanitation requirements must I

meet?

248.11 What am I responsible for if I use the

facilities?

248.12 What will happen if I abandon

property?

248.13 What other restrictions apply to use

of the sites?

248.14 Will I have to pay to use a site?

248.15 Can I appeal an administrative

action?

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

§ 248.1 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.

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, that 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.

In-lieu fishing sites means any lands

acquired by the Secretary of War and

transferred to the Secretary of the

Interior pursuant to the Act of March 2,

1945 (59 Stat. 22) as amended to replace

Indian fishing grounds submerged or

destroyed as a result of the construction

of the Bonneville Dam.

Secretary means the Secretary of the

Interior or his/her designee.

Site means an in-lieu fishing site as

defined in this section.

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.

§ 248.2 What lands are subject to the

regulations in this part?

This part applies to in-lieu fishing

sites as defined in § 248.1.

§ 248.3 Who is eligible to use Columbia

River in-lieu fishing sites?

Members of the general public may

not use Columbia River in-lieu fishing

sites. You may use a site only if:

(a) You are a member of any of the

following tribes:

(1) Yakama;

(2) Umatilla;

(3) Warms Springs; or

(4) Any other tribe that had treaty

fishing rights that were inundated or

destroyed by the Bonneville Dam; and
55768 Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 / Proposed Rules

(b) You comply with the requirements

of this part and of any additional

guidance that the Area Director may

issue to implement this part.

§ 248.4 How may I use the sites?

If you meet the criteria in § 248.3, you

may use a site:

(a) For access to usual and

accustomed fishing areas and ancillary

facilities; and

(b) For camping with your family

(while you are fishing?).

§ 248.5 What identification do I need in

order to use a site?

(a) When you use a site you must have

with you either:

(1) Your tribal identification card; or

(2) If you belong to a tribe specified

in § 248.3(a)(4), a special identification

issued by the Area Director.

(b) You must show the identification

required in paragraph (a) of this section

to any authorized Federal, State, or local

official who asks to see it.

§ 248.6 What requirements must I obey in

order to be able to use a site?

(a) You may use a site only if you

obey:

(1) The requirements of tribal, State,

and Federal laws and regulations

(unless they conflict with your treaty

tribe’s rights); and

(2) Any additional requirements that

the Area Director may develop to

implement this part.

(b) The Area Director may suspend or

withdraw your access and use privileges

if you do not follow the requirements of

this section.

§ 248.7 How does this part affect tribal

treaty rights?

(a) This part does not limit or affect

the treaty rights of any tribe.

(b) You are not required to obey State

fishing laws or regulations if:

(1) You are an Indian properly

exercising tribal treaty rights; and

(2) The State laws or regulations are

not compatible with your treaty rights.

§ 248.8 What will happen if I damage

government-owned property?

If you commit any act of vandalism,

depredation, destruction, theft, or

misuse of land, buildings, fences, signs,

or other structures that are the property

of the United States, you can be

prosecuted under applicable Federal or

State law.

§ 248.9 Can I build a structure on a site?

You may erect, place, or maintain

dwellings, camping facilities, and other

structures (such as fish drying facilities

and fish platforms) if you need them for

treaty fishing or related activities.

§ 248.10 What sanitation requirements

must I meet?

(a) You must use the sites in

conformance with the health, sanitation,

and safety requirements of State or local

law. If there are no appropriate State or

local laws, you must follow the health,

sanitation, and safety requirements of

the U.S. Public Health Service.

(b) The Area Director may suspend or

withdraw your access and use privileges

if:

(1) You violate the requirements

referred to in paragraph (a) of this

section; and

(2) You repeat the violation after

having been given a notice to cease and

desist.

§ 248.11 What am I responsible for if I use

the facilities?

(a) You are responsible for:

(1) Campsites, drying sheds and other

facilities during the time you occupy or

use them; and

(2) Any personal property that you

erect, place, or maintain on the site

during the time you occupy the site,

including:

(i) Tents;

(ii) Tepees;

(iii) Campers;

(iv) Mobile trailers;

(v) Temporary drying sheds; and

(vi) Fishing platforms.

(b) Neither the United States nor any

of its employees is responsible for the

safety or condition of any personal

property.

§ 248.12 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.

§ 248.13 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).

§ 248.14 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.

§ 248.15 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: October 17, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–28493 Filed 10–27–97; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1 and 301

[REG–105162–97]

RIN–1545–AV16

Treatment of Changes in Elective

Entity Classification

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice of proposed rulemaking

and notice of public hearing.

SUMMARY: This document contains

proposed regulations addressing

elective changes in entity classification.

The proposed regulations describe how

elective changes in classification will be

treated for federal tax purposes. The

proposed regulations would affect

business entities and their members.

This document also contains a notice of

public hearing on these proposed

regulations.

DATES: Written comments must be

received by January 26, 1998. Requests

to speak (with outlines of oral

comments) at the public hearing

scheduled for February 24, 1997, must

be submitted by January 26, 1998.

ADDRESSES: Send submissions to:

CC:DOM:CORP:R (REG–105162–97),

room 5228, Internal Revenue Service,

POB 7604, Ben Franklin Station,

Washington, DC 20044. In the

alternative, submissions may be hand

delivered between the hours of 8 a.m.

and 5 p.m. to: CC:DOM:CORP:R (REG–

105162–97), Courier’s Desk, Internal

Revenue Service, 1111 Constitution

Avenue NW., Washington, DC.

Alternatively, taxpayers may submit

comments electronically via the Internet

by selecting the ‘‘Tax Regs’’ option of

the IRS Home Page, or by submitting

comments directly to the IRS Internet

site at: http://www.irs.ustreas.gov/prod/

tax—regs/comments.html. The public

hearing will be held in room 2615,

Internal Revenue Building, 1111

Constitution Avenue, NW., Washington,

DC.