[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Rules and Regulations]
[Pages 11740-11742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02964]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 10

[NPS-WASO-NAGPRA-NPS0037190; PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024-AE85


Civil Penalties Inflation Adjustments

AGENCY: Office of the Secretary, Interior.

ACTION: Final rule.

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SUMMARY: This rule revises U.S. Department of the Interior 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.

DATES: This rule is effective on February 15, 2024.

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, 2024. 
See December 19, 2023, Memorandum for the Heads of Executive 
Departments and Agencies, from Shalanda D. Young, Director,

[[Page 11741]]

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 Consumer Price Index (CPI-U) for the month of October 
2023, not seasonally adjusted, is 1.03241.
    Annual inflation adjustments are based on the percent change 
between each published October's CPI-U. In this case, 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.
    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 
Department of the Interior regulations implementing the Native American 
Graves Protection and Repatriation Act (NAGPRA) for 2024 by multiplying 
1.03241 by each penalty amount as updated by the adjustment made in 
2023: \1\
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    \1\ The DOI published a final rule in the Federal Register on 
December 13, 2023 (88 FR 86452) revising the NAGPRA implementing 
regulations. That final rule incorrectly codified the 2022 civil 
penalty amounts. This final rule appropriately adjusts the civil 
penalty amounts for 2024.

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                                                                                      Annual
         CFR Citation            Description of    2022 Penalty    2023 Penalty     adjustment     2024 Adjusted
                                   the penalty                                     (multiplier)       penalty
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43 CFR 10.11(c)(1)............  Failure of                $7,475          $8,054         1.03241          $8,315
                                 Museum to
                                 Comply.
43 CFR 10.11(g)(4)............  Continued                  1,496           1,612         1.03241           1,664
                                 Failure to
                                 Comply Per Day.
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    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 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.

III. Procedural Requirements

A. Compliance With Other Laws, Executive Orders, and Department Policy. 
Regulatory Planning and Review (Executive Orders 12866, 13563, and 
14094)

    Executive Order 12866 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 14094 amends Executive Order 12866 and reaffirms 
the principles of Executive Order 12866 and Executive Order 13563 and 
states that regulatory analysis should facilitate agency efforts to 
develop regulations that serve the public interest, advance statutory 
objectives, and be consistent with Executive Order 12866, Executive 
Order 13563, and the Presidential Memorandum of January 20, 2021 
(Modernizing Regulatory Review). Regulatory analysis, as practicable 
and appropriate, shall recognize distributive impacts and equity, to 
the extent permitted by law.
    Executive Order 13563 reaffirms the principles of Executive Order 
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. Executive Order 13563 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. Executive Order 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. The NPS has developed this 
rule in a manner consistent with these requirements.

B. 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 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

    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 Executive Order 12630. A takings 
implication assessment is not required.

[[Page 11742]]

F. 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.

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 Executive Order 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 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 Executive Order 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 Administrator of Office 
of Information and Regulatory Affairs 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 2024 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.

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.  10.11   [Amended]

0
2. In Sec.  10.11:
0
a. In paragraph (c)(1), remove ``$7,475'' and add in its place 
``$8,315''.
0
b. In paragraph (g)(4), remove ``$1,496'' and add in its place 
``$1,664''.

Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-02964 Filed 2-14-24; 8:45 am]
BILLING CODE 4312-52-P