Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4669 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 8 

[Docket No. DOI–2024–0017; 256D0102DM, 

DS6CS00000, DLSN00000.000000, 

DX6CS25] 

RIN 1093–AA29 

Joint Policies of the Departments of 

the Interior and of the Army Relative to 

Reservoir Project Lands 

AGENCY: Office of the Secretary, Interior. 

ACTION: Direct final rule. 

SUMMARY: We, the Department of the 

Interior (DOI), are revising regulations 

that govern DOI’s internal real property 

acquisition policies for reservoir lands. 

This direct final rule adds a section to 

allow deviations for the acquisition of 

less than fee title realty interests in and 

around reservoirs owned by DOI and 

typically only those constructed before 

1962, a relatively infrequent occurrence. 

DATES: This direct final rule is effective 

April 16, 2025 without further action, 

unless significant adverse comment is 

received by March 17, 2025. If 

significant adverse comment is received, 

we will publish a timely withdrawal of 

the rule in the Federal Register. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov and search for 

Docket Number DOI–2024–0017. Follow 

the instructions for submitting 

comments. 

• By hard copy: Submit by U.S. mail 

to U.S. Department of the Interior, 

Office of the Solicitor, 960 South 

Broadway, Suite 400, Boise, ID 83706, 

Attention: Jeremiah Williamson. 

See Public Comments under 

SUPPLEMENTARY INFORMATION for more 

information about submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Jeremiah Williamson, Senior Attorney, 

jeremiah.williamson@sol.doi.gov, (208) 

334–1915. Individuals in the United 

States who are deaf, deafblind, hard of 

hearing, or have a speech disability may 

dial 711 (TTY, TDD, or TeleBraille) to 

access telecommunications relay 

services. Individuals outside the United 

States should use the relay services 

offered within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Purpose of Direct Final Rule and Next 

Steps 

The purpose of this direct final rule 

is to revise 43 CFR part 8 by adding 

section 8.7, Interior Deviations, which 

solely establishes internal DOI policy 

for acquisition of certain reservoir realty 

interests. This revision is only a change 

in internal policy for a particular and 

relatively infrequent circumstance; 

namely, the acquisition of interests in 

realty in and around reservoirs owned 

by Interior and typically only those 

constructed before February 21, 1962, 

when the policies in 43 CFR part 8 first 

took effect. It allows future DOI 

acquisitions to be consistent with 

historical acquisition practices on 

existing reservoirs that differed from the 

policies in 43 CFR part 8. 

We are publishing this rule without a 

prior proposal because this is a 

noncontroversial action relating to 

agency management that, in the best 

interest of the public, should be 

undertaken as quickly as possible. This 

rule will be effective, as published in 

this document, on the effective date 

specified above in the DATES section of 

this document, unless we receive 

significant adverse comments on or 

before the comment due date specified 

above in DATES. Significant adverse 

comments are comments that provide 

strong justification as to why our rule 

should not be adopted or why it should 

be changed. 

If we receive significant adverse 

comments, we will publish a document 

in the Federal Register withdrawing 

this rule before the effective date, and 

we will determine whether to engage in 

the normal rulemaking process to 

promulgate changes to 43 CFR part 8. 

Public Comments 

You may submit your comments 

regarding this direct final rule by one of 

the methods listed in ADDRESSES. Please 

include sufficient information with your 

comments that allows us to verify 

information you include. We will not 

consider comments sent by email or fax, 

or to an address not listed in ADDRESSES. 

We will not consider hand-delivered 

comments, or mailed comments that are 

not postmarked by the date specified in 

DATES. 

We will post all comments on https:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us. Before 

including your address, phone number, 

email address, or other personal 

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. 

Comments we receive will be 

available for public inspection on the 

internet at http://www.regulations.gov. 

Please note that comments posted to 

https://www.regulations.gov are not 

immediately viewable. When you 

submit a comment, the system receives 

it immediately. However, the comment 

will not be publicly viewable until we 

post it, which might not occur until 

several days after submission. 

Background 

In 1962, DOI and the Department of 

the Army (Army) published in the 

Federal Register a joint policy requiring 

each Department to obtain fee simple 

title to lands acquired for reservoir 

inundation, specifically those lands 

‘‘below the maximum flowage line of 

the reservoir.’’ The policy did not 

permit exceptions for lands lying within 

the ‘‘storage pool’’ of the reservoir. Four 

years later, DOI and Army promulgated 

a direct final rule (31 FR 9108, July 2, 

1966) to codify this policy at 43 CFR 

part 8, Joint Policies of the Departments 

of the Interior and of the Army Relative 

to Reservoir Project Lands. Not long 

thereafter, in 1969, the Government 

Accounting Office, now known as the 

Government Accountability Office, 

published a report criticizing the policy, 

finding it had resulted in excessive 

Federal expenditures on unnecessary 

realty acquisitions; specifically 

acquisitions of fee simple title when 

‘‘less costly flowage easements would 

have sufficed.’’ Elmer B. Staats, Report 

to the Congress: Review of Policies and 

Practices for Acquiring Land for 

Reservoir Projects, Government 

Accounting Office (Feb. 3, 1969), 

https://www.gao.gov/assets/b-118634- 

087811.pdf. 

On January 15, 1979, the U.S. Army 

Corps of Engineers (Army Corps) 

promulgated a direct final rule at 32 

CFR 644.4(b) (44 FR 3168) to revise 

Army’s policy and treat the 43 CFR part 

8 rule only as ‘‘guidelines.’’ In 2018, 

Congress directed the Army Corps to 

‘‘first consider the minimum interest in 

real property necessary to support the 

water resources development project for 

which such interest is acquired,’’ 

including ‘‘a temporary easement or 

other interest designed to reduce the 

overall cost of the water resources 

development project for which such 

interest is acquired, reduce the time to 

complete such project, and minimize 

conflict with property owners related to 


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4670 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

such project.’’ 33 U.S.C. 598a. The Army 

Corps’ Real Estate Handbook also treats 

the 43 CFR part 8 rule as guidelines and 

not mandatory. U.S. Army Corps of 

Engineers, Real Estate Handbook Ch. 12, 

sections 12–5, 12–9, and 12–12. 

This direct final rule formalizes 

similar policy for DOI. This rule will 

allow DOI greater flexibility in its 

acquisition of realty interests for 

reservoir lands to account for sitespecific circumstances that can warrant 

utilization of flowage easements, rather 

than fee simple title, where DOI 

determines it is in the best interests of 

the United States. Such site-specific 

circumstances can include, for example, 

new acquisition of realty interests in 

parcels on which DOI had previously 

acquired a less than fee title interest, 

such as a flowage easement. It will also 

allow for more consistency in Federal 

acquisition of reservoir lands. This 

flexibility is expected to accomplish 

similar goals that Congress sought for 

the Army Corps: namely, reductions in 

the cost and time to complete water 

resources development projects and 

minimization of conflicts with property 

owners. 

Compliance With Other Laws, 

Executive Orders, and Department 

Policy 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866, as amended 

by Executive Order 14094, 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 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 also 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. We have 

developed this rule in a manner 

consistent with these requirements. 

Regulatory Flexibility Act 

This rule will not have a significant 

regulatory effect on a substantial 

number of small entities under the 

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

et seq.) because it only governs internal 

DOI policy for acquisition of reservoir 

lands. 

Congressional Review Act 

The Congressional Review Act (CRA) 

defines a rule as major if it meets any 

of three criteria. The three criteria are: 

(a) Does the rule have an annual effect 

on the economy of $100 million or 

more? 

(b) Will the rule cause a major 

increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions? 

(c) Does the rule have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of U.S.-based 

enterprises to compete with foreignbased enterprises? 

This rule will not cause any of the 

aforementioned effects and thus is not a 

major rule under the CRA. 

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 $200 million per year. This 

rule does not have a significant or 

unique effect on State, local, or Tribal 

governments or the private sector. A 

statement containing information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

Takings (Executive Order 12630) 

This rule does not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630. This rule is not a 

government action capable of interfering 

with constitutionally protected property 

rights. A takings implication assessment 

is not required. 

Federalism (Executive Order 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. It does not have a substantial 

direct effect on the States, on the 

relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the levels of 

government. A federalism summary 

impact statement is not required. 

Civil Justice Reform (Executive Order 

12988) 

This rule complies with the 

requirements of Executive Order 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. 

Consultation With Indian Tribes 

(Executive Order 13175) 

The DOI 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. 

We have evaluated this rule under DOI’s 

consultation policy and under the 

criteria in Executive Order 13175 and 

have concluded it will have no 

substantial direct effects on any 

federally recognized Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes, and that 

consultation is not required. Because, 

however, the rule will have the indirect 

effect of allowing the Cle Elum pool 

raise project in central Washington to 

proceed as planned, the Department has 

consulted informally with the Yakama 

Nation, whose views DOI has fully 

considered in this rule. No other 

potential indirect effects to any federally 

recognized Indian Tribes have been 

identified. 

Paperwork Reduction Act of 1995 

This rule does not contain 

information collection requirements and 

does not require a submission to the 

Office of Management and Budget under 

the Paperwork Reduction Act. 

National Environmental Policy Act 

This rule is categorically excluded 

from National Environmental Policy Act 

of 1969 (NEPA) under the DOI 

categorical exclusion codified at 43 CFR 

46.210(i), which applies to ‘‘Policies, 

directives, regulations, and guidelines: 

that are of an administrative, financial, 

legal, technical, or procedural nature; or 

whose environmental effects are too 

broad, speculative, or conjectural to 

lend themselves to meaningful analysis 

and will later be subject to the NEPA 

process, either collectively, or case-bycase.’’ This rule establishes internal 

policy on DOI’s reservoir realty 


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Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4671 

1When DOI last updated the NAGPRA 

regulations to adjust the civil penalties on February 

15, 2024 (89 FR 11740), it adjusted the daily civil 

penalty amounts in one of the two locations where 

they appear in 43 CFR 10.11. In order to accurately 

adjust the daily civil penalty amount in 43 CFR 

10.11(m)(1) that was not updated in 2024, DOI is 

multiplying 1.02598 by the penalty amount that 

should be in the CFR had it been updated in 2024. 

The calculation therefore is $1,664 multiplied by 

1.02598 = $1,707. 

acquisitions. The policy is 

administrative (how DOI chooses to 

own real property), financial (how much 

DOI expends for real property), and 

legal (how different property interests 

serve legal needs on individual reservoir 

projects). The type of realty interest DOI 

owns for reservoir inundation will not 

alter the effects resulting from 

inundation, which are subject to project 

specific NEPA analysis. While this rule 

could theoretically have negligible 

causally removed socioeconomic effects 

related to different opportunities 

available to owners of inundated parcels 

subject to flowage easements versus 

landowners who have relinquished title 

in a fee simple acquisition, any such 

potential effects are so intertwined with 

site specific conditions as to be too 

broad, speculative, and conjectural to 

support meaningful analysis. Those 

effects, if any, would be considered in 

project specific NEPA analysis in 

situations where this rule could apply. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211 and does not require a 

Statement of Energy Effects. 

List of Subjects in 43 CFR Part 8 

Reservoir project lands, Acquisition of 

easements. 

Promulgation of Direct Final Rule 

For the reasons stated in the 

preamble, DOI is amending part 8 of 

title 43 of the CFR as set forth below: 

PART 8—JOINT POLICIES OF THE 

DEPARTMENTS OF THE INTERIOR 

AND OF THE ARMY RELATIVE TO 

RESERVOIR PROJECT LANDS 

■ 1. The authority citation for part 8 

continues to read as follows: 

Authority: Sec. 7, 32 Stat. 389; sec. 14, 53 

Stat. 1197; 43 U.S.C. 421, 389. 

■ 2. Add § 8.7 to read as follows: 

§ 8.7 Interior deviations. 

On Department of the Interior 

projects, a bureau director or secretarial 

officer may authorize acquisition of 

easements in lieu of fee title to property 

to allow reservoir inundation of lands if 

the acquisition meets a combined total 

of at least five conditions listed in § 8.3 

and in this section: 

(a) The reservoir was originally 

constructed before February 21, 1962. 

(b) The current reservoir has utilized 

more than de minimis acquisition of 

easements for inundation. 

(c) The acquisition of less than fee 

title is in the best interests of the United 

States. 

Joan M. Mooney, 

Principal Deputy Assistant Secretary 

Exercising the Delegated Authority of the 

Assistant Secretary—Policy, Management, 

and Budget. 

[FR Doc. 2025–00510 Filed 1–15–25; 8:45 am] 

BILLING CODE 4334–63–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary of the Interior 

43 CFR Part 10 

[NPS–WASO–NAGPRA–NPS0039273; 

PPWOVPADU0/PPMPRLE1Y.Y00000] 

RIN 1024–AE94 

Civil Penalties Inflation Adjustments 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: This rule revises U.S. 

Department of the Interior (DOI) 

regulations implementing the Native 

American Graves Protection and 

Repatriation Act (NAGPRA) to provide 

for annual adjustments of civil penalties 

to account for inflation under the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 and Office of Management and 

Budget guidance. The purpose of these 

adjustments is to maintain the deterrent 

effect of civil penalties and to further 

the policy goals of the underlying 

statute. This rule also updates the 

mailing address for the NAGPRA 

Program. 

DATES: This rule is effective on January 

16, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Melanie O’Brien, Manager, National 

NAGPRA Program, (202) 354–2204, 

National Park Service, 1849 C Street 

NW, Washington, DC 20240. Individuals 

in the United States who are deaf, 

deafblind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 2, 2015, the President 

signed into law the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Sec. 701 of 

Pub. L. 114–74) (‘‘the Act’’). The Act 

requires Federal agencies to adjust the 

level of civil monetary penalties 

annually for inflation no later than 

January 15 of each year. 

II. Calculation of Annual Adjustments 

The Office of Management and Budget 

(OMB) recently issued guidance to assist 

Federal agencies in implementing the 

annual adjustments required by the Act 

which agencies must complete by 

January 15, 2025. See December 17, 

2024, Memorandum for the Heads of 

Executive Departments and Agencies, 

from Shalanda D. Young, Director, 

Office of Management and Budget, re: 

Implementation of Penalty Inflation 

Adjustments for 2025, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (M–25–02). The guidance states 

that the cost-of-living adjustment 

multiplier for 2025, based on the 

Consumer Price Index (CPI–U) for the 

month of October 2024, not seasonally 

adjusted, is 1.02598. 

Annual inflation adjustments are 

based on the percent change between 

each published October’s CPI–U. In this 

case, October 2024 CPI–U (315.664)/ 

October 2023 CPI–U (307.671) = 

1.02598. The guidance instructs 

agencies to complete the 2025 annual 

adjustment by multiplying each 

applicable penalty by the amount, 

1.02598, and rounding to the nearest 

dollar. 

The annual adjustment applies to all 

civil monetary penalties with a dollar 

amount that are subject to the Act. A 

civil monetary penalty is any 

assessment with a dollar amount that is 

levied for a violation of a Federal civil 

statute or regulation, and is assessed or 

enforceable through a civil action in 

Federal court or an administrative 

proceeding. A civil monetary penalty 

does not include a penalty levied for 

violation of a criminal statute, or fees for 

services, licenses, permits, or other 

regulatory review. This final rule adjusts 

the following civil monetary penalties 

contained in the DOI regulations 

implementing NAGPRA for 2025 by 

multiplying 1.02598 by each penalty 

amount as updated by the adjustment 

made in 2024: 


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