32214 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Proposed Rules 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that only 

affects air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, does 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This proposed 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part, 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would amend Class E airspace at 

Bedford County Airport, Bedford, PA. 

This proposal would be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, effective 

September 15, 2012, is amended as 

follows: 

Paragraph 6005. Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA PA E5 Bedford, PA [Amended] 

Bedford County Airport, PA 

(Lat. 40°05′10′′ N., long. 78°30′49′′W.) 

That airspace extending upward from 700 

feet above the surface within a 12.5-mile 

radius of Bedford County Airport. 

Issued in College Park, Georgia, on May 21, 

2013. 

Jackson Allen, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2013–12707 Filed 5–28–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 151 

[K00103 12/13 A3A10; 134D0102DR– 

DS5A300000–DR.5A311.IA000113; Docket 

ID: BIA–2013–0005] 

RIN 1076–AF15 

Land Acquisitions: Appeals of Land 

Acquisition Decisions 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule revises a 

section of regulations governing 

decisions by the Secretary to approve or 

deny applications to acquire land in 

trust under this part. This rule is 

appropriate to address changes in the 

applicability of the Quiet Title Act as 

interpreted by a recent United States 

Supreme Court decision. This rule 

revises a regulatory provision the 

Department added in 1996 to ensure 

that interested parties had the 

opportunity to timely seek judicial 

review of decisions when available 

under the Administrative Procedure 

Act. The Department had determined 

the provision was necessary because, 

consistent with Federal court decisions 

at the time, once the Secretary acquired 

title, the Quiet Title Act precluded 

judicial review of the Secretary’s 

decision to take the land into trust. The 

Supreme Court has since held that the 

Quiet Title Act does not preclude timely 

Administrative Procedure Act 

challenges to agency decisions to 

acquire land in trust unless the 

aggrieved party claims an ownership 

interest in the property at issue. This 

rule revises the regulation to reflect this 

change in the law and to make other 

revisions to codify the current process 

for issuing decisions approving or 

denying requests to acquire land in trust 

under this part. It also broadens and 

clarifies the notice of decisions to 

acquire land in trust under this part, 

including broadening notice of any right 

to file an administrative appeal. 

DATES: Comments on this rule must be 

received by July 29, 2013. 

ADDRESSES: You may submit comments 

by any of the following methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov. The rule is 

listed under the agency name ‘‘Bureau 

of Indian Affairs.’’ The rule has been 

assigned Docket ID: BIA–2013–0005. 

—E-Mail: consultation@bia.gov. Include 

the number 1076–AF15 in the subject 

line of the message. 

—Mail: Elizabeth Appel, Office of 

Regulatory Affairs & Collaborative 

Action, U.S. Department of the 

Interior, 1849 C Street NW. Include 

the number 1076–AF15 in the 

submission. 

—Hand Delivery: Elizabeth Appel, 

Office of Regulatory Affairs & 

Collaborative Action, U.S. Department 

of the Interior, 1849 C Street NW. 

Include the number 1076–AF15 in the 

submission. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) will be included in 

the docket for this rulemaking and 

considered. Comments sent to an 

address other than those listed above 

will not be included in the docket for 

this rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Acting Director, Office 

of Regulatory Affairs & Collaborative 

Action, (202) 273–4680; 

elizabeth.appel@bia.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary of Rule 

Section 5 of the Indian Reorganization 

Act (IRA) (25 U.S.C. 465) authorizes the 

Secretary of the Interior to acquire land 

in trust for individual Indians and 

Indian tribes. The Department of the 

Interior’s regulations at 25 CFR part 151 

implement this statutory provision, as 

well as other statutes authorizing the 

acquisition of land in trust for 

individual Indians and Indian tribes. In 

1996, the Department revised part 151 

by procedural rulemaking. That 

procedural rule added a paragraph (b) to 

§ 151.12, which established a 30-day 

waiting period following publication of 

notice in the Federal Register or in a 

newspaper of general circulation serving 

the affected area announcing the final 

agency determination to take the subject 


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Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Proposed Rules 32215 

land into trust. Paragraph (b) was 

intended to ensure that interested 

parties had the opportunity to seek 

judicial review under the 

Administrative Procedure Act (APA) (5 

U.S.C. 704) before the Secretary 

acquired title to land in trust. See 61 FR 

18082 (Apr. 24, 1996). The Department 

had determined such rule was necessary 

because, at that time, prevailing Federal 

court decisions found that the Quiet 

Title Act (QTA), 28 U.S.C. 2409a, 

precluded judicial review of the 

decision after the United States acquired 

title. See, e.g., Neighbors for Rational 

Dev., Inc. v. Norton, 379 F.3d 956 (10th 

Cir. 2004); Metro Water Dist. of S. Cal. 

v. United States, 830 F.2d 139 (9th Cir. 

1987); Florida Dep’t of Bus. Regulation 

v. Dep’t of the Interior, 768 F.2d 1248 

(11th Cir. 1985). 

The legal landscape changed, 

however, on June 18, 2012, when the 

Supreme Court issued its decision in 

Match-E-Be-Nash-She-Wish Band of 

Pottawatomi Indians v. Patchak, 132 S. 

Ct. 2199 (2012). In that decision, the 

Supreme Court held that the QTA is not 

a bar to APA challenges to the 

Secretary’s decision to acquire land in 

trust after the United States acquires 

title to the property unless the aggrieved 

party asserts an ownership interest in 

the land as the basis for the challenge. 

Following Patchak, the 1996 procedural 

rule establishing a 30-day waiting 

period before taking land into trust to 

allow for APA review is no longer 

needed because, if judicial review under 

the APA is not precluded on some other 

basis, such as standing, timeliness, or a 

failure to exhaust administrative 

remedies, judicial review of the 

Secretary’s decision is available under 

the APA even after the Secretary has 

acquired title to the property. 

This rule effectively repeals the 1996 

procedural provision by revising section 

151.12 to: 

• Clarify the process depending upon 

whether the Assistant Secretary—Indian 

Affairs or a Bureau of Indian Affairs 

official issues the decision; 

• Clarify how decisions under this 

part become final for the Department; 

• Ensure public notice of a BIA 

official decision to acquire land into 

trust: 

Æ All interested parties who have 

made themselves known in writing to 

the BIA official, as well as State and 

local governments having regulatory 

jurisdiction over the land to be 

acquired, must receive actual notice of 

the decision and the right to file an 

administrative appeal, if any; 

Æ All parties who have not made 

themselves known in writing to the BIA 

official will receive notice of the 

decision and right to appeal, if any, 

through publication in a newspaper of 

general circulation serving the affected 

area. 

• Make other changes to reflect more 

accurately the process for issuing 

approval and denial decisions under 

this part. 

II. Background on Challenges to LandInto-Trust Decisions 

A decision to acquire land in trust 

may be issued by the Assistant 

Secretary—Indian Affairs (AS–IA) or by 

the BIA Director or other BIA official 

with delegated authority to issue the 

decision. The means and timelines for 

challenging the decision differ 

depending on whether the decision is 

issued by the AS–IA or whether the 

decision is issued by a BIA official. 

• If the AS–IA issues the decision 

under this part, then the decision is a 

‘‘final agency determination,’’ and the 

decision is final for the Department. See 

25 CFR 2.6(c). Decisions made by the 

AS–IA are not subject to administrative 

review by the Interior Board of Indian 

Appeals (IBIA). 

• If a BIA official decides to acquire 

land in trust, such decision is not yet a 

‘‘final agency determination’’ because 

interested parties may appeal the 

decision under the administrative 

review process set forth in 25 CFR part 

2. Under part 2, interested parties have 

a 30-day period in which to file an 

appeal of the BIA official’s decision. See 

25 CFR 2.9. If no appeal is filed within 

the 30-day administrative appeal period, 

then the BIA official’s decision becomes 

final for the Department. If an 

administrative appeal of a BIA official’s 

decision is timely filed and effective 

with the IBIA, then only after the IBIA 

issues a final decision affirming the BIA 

official’s decision does such decision 

become final for the Department. 

• Once a decision is final for the 

Department, it is subject to judicial 

review under the APA, as available. 

APA challenges must be brought within 

the six year statute-of-limitations period 

applicable to the APA. See 28 U.S.C. 

2401(a). 

III. Detailed Explanation of Rule 

This rule revises § 151.12 to remove 

procedural requirements that are no 

longer necessary in light of the Patchak 

Supreme Court decision and to increase 

transparency by better articulating the 

process for issuing decisions to acquire 

land in trust under this part. 

Specifically, this rule deletes the 30-day 

waiting period for implementation of 

decisions to acquire land in trust after 

such decisions are final for the 

Department, and broadens and clarifies 

notice of decisions issued by BIA 

officials to acquire land in trust under 

this part and the right, if any, of 

interested parties to appeal such 

decisions pursuant to part 2 of this title. 

A. Deleting the 30-Day Waiting Period 

The current rule at § 151.12 states that 

the Secretary of the Interior shall review 

all requests and shall promptly notify 

the applicant in writing of his decision. 

The Secretary may request any 

additional information or justification 

he considers necessary to enable him to 

reach a decision. If the Secretary 

determines that the request should be 

denied, he shall advise the applicant of 

that fact and the reasons therefor in 

writing and notify him of the right to 

appeal pursuant to 25 CFR part 2. 

Following completion of the Title 

Examination provided in § 151.13 and 

the exhaustion of any administrative 

remedies, the Secretary shall publish in 

the Federal Register, or in a newspaper 

of general circulation serving the 

affected area a notice of his/her decision 

to take land into trust under this part. 

The notice will state that a final agency 

determination to take land in trust has 

been made and that the Secretary shall 

acquire title in the name of the United 

States no sooner than 30 days after the 

notice is published. 

As noted above, paragraph (b) was 

added in 1996 to add, after decisions to 

acquire land in trust became final for 

the Department, a 30-day waiting period 

before the Secretary could acquire title 

to the property to allow parties to seek 

judicial review of the Secretary’s 

decision under the APA. See 61 FR 

18082 (Apr. 24, 1996). The stated reason 

for adding this waiting period was 

because the United States’ position at 

the time was that the QTA precluded 

judicial review of the Secretary’s 

decision after the United States acquired 

title to the land at issue. Id. The 

Supreme Court has since held that the 

QTA itself is not a bar to judicial review 

under the APA unless the aggrieved 

party asserts an ownership interest in 

the property. Following the Patchak 

decision, this 30-day waiting period is 

now unnecessary because parties may 

seek, to the extent it is available, 

judicial review of the Secretary’s 

decision under the APA even after the 

land is acquired by the United States in 

trust. Accordingly, the proposed rule 

provides that the Secretary shall, on or 

promptly after the decision to acquire 

land in trust is final for the Department, 

complete the trust acquisition pursuant 

to 25 CFR 151.14 after fulfilling the 

requirements of 25 CFR 151.13 and any 

other Departmental requirements. 


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The Patchak decision is consistent 

with federal court cases that preceded 

the decision holding that the QTA bars 

judicial review by aggrieved parties 

seeking to quiet title to the property in 

themselves. Because no change in the 

law has occurred in connection with 

these parties, the proposed rule makes 

no changes to such parties’ rights under 

this part. Consistent with the 

Department’s prior practice, the 

Department will continue to conduct an 

exhaustive title examination process in 

connection with decisions to acquire 

land in trust under this part. This 

process identifies adverse landowners 

prior to the decision so that their 

interests are addressed before the 

Secretary issues a decision on the 

application. Therefore, the changes 

proposed by this rule should have no 

effect on the rights of these parties. 

B. Requiring Notification of Known and 

Unknown Interested Parties of the 

Decision and Administrative Appeal 

Rights 

Under existing regulations, BIA 

officials who issue decisions under this 

part are required to provide known 

interested parties with written notice of 

such decisions. See 25 CFR 2.7(a). The 

proposed rule requires interested 

parties, as that term is currently defined 

in the part 2 regulations, to make 

themselves known to the BIA official in 

writing in order to require the BIA 

official to provide this written notice to 

them. For example, a party that submits 

written comments to the BIA official in 

connection with a pending application 

has made itself ‘‘known’’ to the BIA 

official and will be provided written 

notice of the decision when issued. If a 

BIA official’s decision is subject to 

administrative review by another BIA 

official, parties must make themselves 

known in writing at each stage of 

administrative review. For example, a 

party that makes itself known in writing 

to a BIA Superintendent with the 

delegated authority to issue decisions 

under this part must also make itself 

known to the BIA Regional Director if 

the BIA Superintendent’s decision has 

been appealed to the Regional Director 

by another party. Notifications of 

decisions issued by BIA officials will 

continue to include information 

concerning administrative appeal rights, 

consistent with 25 CFR 2.7. Please note, 

however, that inclusion of such 

information in the notice of decision 

does not confer upon the recipient a 

right to a decision on the merits of their 

claims. The right to a decision on the 

merits of a BIA official’s decision is still 

subject to standing, timeliness, and 

other requirements limiting IBIA review 

of BIA officials’ decisions. 

With regard to notice to unknown 

interested parties, the revised rule 

requires that, where the AS–IA issues 

the decision, a notice of such decision 

will be published in the Federal 

Register. When a BIA official issues a 

decision, a notice of such decision and 

a statement of the right to an 

administrative appeal will be published 

in a newspaper of general circulation 

addressing the affected area. The 

newspaper notice will contain the same 

statement that is included in the written 

notice of decision provided to known 

interested parties regarding the right to 

appeal, if any. The time for unknown 

interested parties to file a notice of 

appeal begins to run upon first 

publication of such newspaper notice. 

Lastly, the proposed rule also clarifies 

regulatory notice requirements to 

require the BIA official to notify, by 

mail or personal delivery, State and 

local governments having regulatory 

jurisdiction over the land to be acquired 

and any right to appeal. 

Consistent with 25 CFR 2.7(b), in the 

event the BIA official fails to notify 

parties entitled to written notice of the 

decision, such failure does not affect the 

validity of the decision; instead, the 

time for filing a notice of appeal of the 

decision will not begin to run for such 

parties until written notice has been 

provided. 

C. Exhaustion of Administrative 

Remedies 

When a BIA official issues the 

decision to acquire land in trust, 

administrative remedies are available 

(as set forth in 25 CFR part 2) and 

interested parties must first exhaust 

them before seeking judicial review 

under the APA. Under 25 CFR part 2, 

interested parties have a specific time 

period to appeal the BIA’s decision to 

acquire land in trust to the IBIA. 

Currently, that time period is 30 days. 

If interested parties who have received 

written notice or notice by newspaper 

publication fail to appeal within that 

timeframe, such parties are precluded 

from seeking any judicial review 

available under the APA because they 

failed to exhaust administrative 

remedies. 

When the AS–IA issues decisions to 

acquire land in trust under this part 

there are no administrative remedies to 

exhaust; such decisions are final for the 

Department. 

D. Summary of All Revisions to 151.12 

Other changes to § 151.12 are 

designed to increase transparency and 

better reflect the current process for 

approving and denying requests to take 

land into trust. The following table 

details all revisions this proposed rule 

would make to § 151.12. 

Current 25 

CFR § Current provision Proposed 25 CFR § Description of change Reason for change 

151.12(a) ..... ‘‘The Secretary shall review all 

requests and shall promptly 

notify the applicant in writing 

of his decision.’’ 

151.12(a) ................... Moves provision regarding 

promptly notifying the applicant 

in writing of the decision to (c) 

and (d).

The revised version describes 

the process of the Assistant 

Secretary issuing a decision in 

paragraph (c), and the process 

of a BIA official issuing a decision in paragraph (d) 

151.12(a) ..... ‘‘The Secretary may request any 

additional information or justification he considers necessary to enable him to reach 

a decision.’’ 

151.12(a) ................... No substantive change ............... N/A. 


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Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Proposed Rules 32217 

Current 25 

CFR § Current provision Proposed 25 CFR § Description of change Reason for change 

151.12(a) ..... ‘‘If the Secretary determines that 

the request should be denied, 

he shall advise the applicant 

of that fact and the reasons 

therefor in writing and notify 

him of the right to appeal pursuant to part 2 of this title.’’ 

151.12(b) ................... States generally that the Secretary’s decision will be in writing and state the reasons for 

the decision, so this requirement applies regardless of 

whether the decision was an 

approval or denial. Moves the 

provision regarding notification 

of appeal rights to (d)(1) (denial decision by BIA official) 

and (d)(2)(ii) and (d)(2)(iii) (approval decision by BIA official).

This addition reflects current 

practice, whereby the decision 

and basis for the decision are 

in writing for the record. Clarifies that only decisions from 

BIA officials may be appealed 

under part 2. Decisions by the 

Assistant Secretary are final 

for the Department. 

151.12(b) ..... ‘‘Following completion of the 

Title Examination provided in 

§ 151.13 of this part . . .’’ 

152.12(c) & (d) .......... The requirement for a title examination has been moved to 

(c)(2)(iii) and (d)(2)(iv)(B).

The revised version places the 

requirement for title examination in paragraphs relating to 

an approval decision by the 

Assistant Secretary and an approval decision by the BIA official. 

151.12(b) ..... ‘‘. . . and the exhaustion of any 

administrative remedies . . .’’ 

152.12(d) ................... The requirement for exhaustion 

of administrative remedies has 

been moved to (d), which is 

applicable only to decisions 

issued by a BIA official.

Clarifies that only decisions from 

BIA officials may be appealed 

under part 2. Decisions by the 

Assistant Secretary are final 

for the Department. 

151.12(b) ..... ‘‘. . . the Secretary shall publish 

in the Federal Register, or in 

a newspaper of general circulation serving the affected 

area a notice of his/her decision to take land into trust 

under this part.’’ 

151.12(c)(2)(ii) & 

(d)(2).

The requirement to publish in the 

Federal Register has been 

moved to (c)(2)(ii) (decisions 

by the Assistant Secretary). 

The requirement to publish in 

a newspaper has been moved 

to (d)(2)(iii) (decisions by a BIA 

official) and clarifies that any 

appeal period begins to run 

upon first publication. Also 

adds a requirement for actual 

notice to known interested parties and State and local governments with jurisdiction over 

the land to be acquired of a 

BIA official’s decision to take 

land into trust.

The addition of the requirement 

for actual notice to known interested parties and State and 

local governments with jurisdiction is to ensure that all 

known interested parties receive the notice necessary for 

the administrative appeal period to begin to run. This supplements 25 CFR 2.7 by providing that, for unknown interested parties, the time for appeal begins to run upon publication in the newspaper. This 

exception is necessary because notice by mail or personal service is not possible 

for parties not known to the 

BIA official. 

151.12(b) ..... ‘‘The notice will state that a final 

agency determination to take 

land in trust has been made 

and . . .’’ 

151.12(c) ................... States that a decision issued by 

the Assistant Secretary is final 

for the Department.

The current rule’s statement that 

the decision is a ‘‘final agency 

determination’’ does not reflect 

those cases where the decision is made by a BIA official, 

which is not a ‘‘final agency 

determination’’ at the time of 

issuance and may be appealed through the Department’s administrative appeals 

process. 

151.12(b) ..... ‘‘. . . that the Secretary shall acquire title in the name of the 

United States no sooner than 

30 days after the notice is 

published.’’ 

151.12(c)(2)(iii) & 

(d)(2)(iv).

Deletes statement that the Secretary will acquire title no 

sooner than 30 days after the 

notice is published. Instead, 

provides that the Assistant 

Secretary will ‘‘promptly’’ acquire land into trust at (c)(2)(iii) 

and that the BIA official will 

‘‘promptly’’ acquire land into 

trust when the decision is final, 

after the administrative appeal 

period expires or the appeal is 

decided or dismissed.

Deleting the 30-day waiting period means the decision to 

take land into trust may now 

be implemented as soon as 

such decision becomes final. 

This is true regardless of how 

the decision becomes final for 

the Department, whether because the Assistant Secretary 

issues the decision, the IBIA 

issues a final decision affirming the BIA official’s decision, 

or following expiration of the 

administrative appeal period 

for which no administrative appeals are filed. 


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32218 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Proposed Rules 

Upon finalization of the rule, 

revisions to the Fee-to-Trust Handbook 

will be made to comport with the new 

notice procedures in this rule, including 

the addition of broader notice 

requirements of decisions issued by 

Bureau officials. 

IV. Procedural Requirements 

A. Regulatory Planning and Review 

(E.O. 12866 and 13563) 

Executive Order (E.O.) 12866 provides 

that the Office of Information and 

Regulatory Affairs (OIRA) at the Office 

of Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this rule is not 

significant. 

E.O. 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 

E.O. 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. This rule is also 

part of the Department’s commitment 

under the Executive Order to reduce the 

number and burden of regulations and 

provide greater notice and clarity to the 

public. 

B. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). 

C. Small Business Regulatory 

Enforcement Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. It 

will not result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more in any one year. 

The rule’s requirements will not result 

in a major increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions. Nor will 

this rule have significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of the U.S.-based enterprises 

to compete with foreign-based 

enterprises because the rule is limited to 

appeals of acquisitions of Indian land. 

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) 

Under the criteria in Executive Order 

12630, this rule does not affect 

individual property rights protected by 

the Fifth Amendment nor does it 

involve a compensable ‘‘taking.’’ A 

takings implication assessment is 

therefore not required. 

F. Federalism (E.O. 13132) 

Under the criteria in Executive Order 

13132, this rule has no substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. This rule 

ensures notification to State and local 

governments of a BIA official’s decision 

to take land into trust and the right to 

administratively appeal such decision. 

G. Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule has been reviewed 

to eliminate errors and ambiguity and 

written to minimize litigation; and is 

written in clear language and contains 

clear legal standards. 

H. Consultation With Indian Tribes 

(E.O. 13175) 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments,’’ Executive Order 13175 

(59 FR 22951, November 6, 2000), and 

512 DM 2, we have evaluated the 

potential effects on federally recognized 

Indian tribes and Indian trust assets. 

During development of the rule, the 

Department discussed the rule with 

tribal representatives and will engage in 

further consultation as it reviews public 

comments. 

I. Paperwork Reduction Act 

This rule does not contain any 

information collections requiring 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq. 

J. National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment 

because it is of an administrative, 

technical, and procedural nature. 

K. 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. 

L. Clarity of This Regulation 

We are required by Executive Orders 

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 

‘‘COMMENTS’’ 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 are unclearly written, which 

sections or sentences are too long, the 

sections where you believe lists or 

tables would be useful, etc. 

M. Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

List of Subjects in 25 CFR Part 151 

Indians—lands. 

For the reasons stated in the 

preamble, the Department of the 

Interior, Bureau of Indian Affairs, 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Proposed Rules 32219 

proposes to amend part 151 in Title 25 

of the Code of Federal Regulations as 

follows: 

PART 151—LAND ACQUISITIONS 

■ 1. The authority citation for part 151 

continues to read as follows: 

Authority: R.S. 161: 5 U.S.C. 301. Interpret 

or apply 46 Stat. 1106, as amended; 46 

Stat.1471, as amended; 48 Stat. 985, as 

amended; 49 Stat. 1967, as amended, 53 Stat. 

1129; 63 Stat. 605; 69 Stat. 392, as amended; 

70 Stat. 290, as amended; 70 Stat. 626; 75 

Stat. 505; 77 Stat. 349; 78 Stat. 389; 78 Stat. 

747; 82 Stat. 174, as amended, 82 Stat. 884; 

84 Stat. 120; 84 Stat. 1874; 86 Stat. 216; 86 

Stat. 530; 86 Stat. 744; 88 Stat. 78; 88 Stat. 

81; 88 Stat. 1716; 88 Stat. 2203; 88 Stat. 2207; 

25 U.S.C. 2, 9, 409a, 450h, 451, 464, 465, 487, 

488, 489, 501, 502, 573, 574, 576, 608, 608a, 

610, 610a, 622, 624, 640d–10, 1466, 1495, 

and other authorizing acts. 

■ 2. Revise § 151.12 to read as follows: 

§ 151.12 Action on requests. 

(a) The Secretary shall review each 

request and may request any additional 

information or justification deemed 

necessary to reach a decision. 

(b) The Secretary’s decision to 

approve or deny a request shall be in 

writing and state the reasons for the 

decision. 

(c) Decisions made by the Assistant 

Secretary—Indian Affairs are final 

agency actions under the Administrative 

Procedure Act (5 U.S.C. 704) upon 

issuance. 

(1) If the Assistant Secretary denies 

the request, the Assistant Secretary shall 

promptly provide the applicant with the 

decision. 

(2) If the Assistant Secretary approves 

the request, the Assistant Secretary 

shall: 

(i) Promptly provide the applicant 

with the decision; 

(ii) Publish in the Federal Register a 

notice of the decision to acquire land in 

trust under this part; and 

(iii) Promptly acquire the land in trust 

under § 151.14 on or after the date such 

decision is issued and upon fulfillment 

of the requirements of § 151.13 and any 

other Departmental requirements. 

(d) Decisions made by a Bureau of 

Indian Affairs official are not final for 

the Department under part 2 of this title 

until administrative remedies are 

exhausted or until the time for filing a 

notice of appeal has expired and no 

appeal was filed. 

(1) If the official denies the request, 

the official shall promptly provide the 

applicant with the decision and 

notification of any right to file an 

administrative appeal under part 2 of 

this title. 

(2) If the official approves the request, 

the official shall: 

(i) Promptly provide the applicant 

with the decision; 

(ii) Provide written notice of the 

decision by mail or personal delivery to 

(A) Interested parties who have made 

themselves known, in writing, to the 

official who made the decision; and 

(B) The State and local governments 

having regulatory jurisdiction over the 

land to be acquired. The notices sent 

pursuant to paragraphs (d)(2)(ii)(A)–(B) 

of this section shall also inform the 

addressee of the right, if any, to file an 

administrative appeal of such decision 

pursuant to part 2 of this title; 

(iii) Publish a notice in a newspaper 

of general circulation serving the 

affected area of the decision to acquire 

land in trust under this part and any 

right of other interested parties to file an 

administrative appeal under part 2 of 

this title. For purposes of calculating the 

appeal period, the date of first 

publication of the notice shall be 

deemed the date of receipt of the 

decision for interested parties who did 

not make themselves known, in writing, 

to the official who made the decision; 

(iv) Take the following actions to 

finalize the trust acquisition: 

(A) If no administrative appeal is 

filed, the BIA official will promptly take 

the land into trust under § 151.14 after 

expiration of the time for filing a notice 

of appeal and after fulfilling the 

requirements of § 151.13 and any other 

Departmental requirements. 

(B) If an administrative appeal is filed, 

the BIA official will take the land into 

trust under § 151.14 promptly following 

an IBIA decision affirming the decision, 

or dismissing the appeal, and after 

fulfilling the requirements of § 151.13 

and any other Departmental 

requirements. 

Dated: May 23, 2013. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2013–12708 Filed 5–24–13; 11:15 am] 

BILLING CODE 4310–6W–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2013–0391] 

RIN 1625–AA00 

Safety Zone, Temporary Change for 

Recurring Fifth Coast Guard District 

Fireworks Displays, Middle River; 

Baltimore County, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Coast Guard is proposing 

a temporary change to the enforcement 

periods and regulated areas of safety 

zone regulations for a recurring 

fireworks display within the Fifth Coast 

Guard District. This regulation applies 

to a recurring fireworks display event 

that take place in Baltimore County, 

MD. Safety zone regulations are 

necessary to provide for the safety of life 

on navigable waters during the event. 

This action is intended to restrict vessel 

traffic in portions of the Middle River 

during the event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 28, 2013. 

ADDRESSES: You may submit comments 

identified by docket number using any 

one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Ronald Houck, Sector 

Baltimore Waterways Management 

Division, Coast Guard; telephone 410– 

576–2674, email 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Barbara 

Hairston, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 


tkelley on DSK3SPTVN1PROD with PROPOSALS