3626 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

1Although this provision vests approval authority 

in the ‘‘Attorney General,’’ the Secretary of 

Homeland Security now may exercise this 

authority. See 6 U.S.C. 202(3)–(4), 251, 271(b), 291, 

551(d)(2), 557; 8 U.S.C. 1103(c) (2000). 

2 Guedes v. Bureau of Alcohol, Tobacco, Firearms 

& Explosives, 920 F.3d 1, 13 (D.C. Cir. 2019). 

regulations regarding the adjudication of 

temporary need for employers seeking 

to employ nonimmigrant workers in job 

opportunities covering the herding or 

production of livestock on the range. 86 

FR 71373 (Dec. 16, 2021). 

The Final Rule was signed by Acting 

Assistant Secretary Hanks. I have full 

and complete knowledge of the Final 

Rule action taken by former Acting 

Assistant Secretary Hanks. Subsequent 

to the Secretary of Homeland Security’s 

documented approval of the Final Rule 

dated December 31, 2024, in 

consultation with the Secretary of Labor 

and Secretary of Agriculture, and out of 

an abundance of caution and to avoid 

any doubt as to its validity, I have 

independently evaluated the Final Rule 

and the basis for adopting it. I have 

determined that the amendments to the 

regulations in the Final Rule are 

consistent with the Secretary of Labor’s 

statutory responsibility to certify that 

there are insufficient able, willing, and 

qualified U.S. workers available to 

perform the needed work and that the 

employment of H–2A workers will not 

adversely affect the wages and working 

conditions of workers in the United 

States similarly employed. I have also 

determined that the changes adopted in 

the Final Rule strike an appropriate 

balance between the statute’s competing 

goals of providing employers with an 

adequate supply of legal agricultural 

labor and protecting the wages of 

workers in the United States similarly 

employed by ensuring the Department’s 

adjudication of temporary or seasonal 

need is conducted in the same manner 

for all applications for temporary 

agricultural labor certification, 

consistent with statute’s requirements. I 

also agree with the Department’s 

certification that the Final Rule does not 

have a significant economic impact on 

a substantial number of small entities. 

See Final Rule, 86 FR 71382. 

Therefore, pursuant to my authority 

as the Assistant Secretary for 

Employment and Training, and based 

on my independent review of the action 

and the reasons for taking it, I hereby 

affirm and ratify the Final Rule, as of 

January 10, 2025, including all 

regulatory analysis certifications 

contained therein. This action is taken 

without prejudice to any right to litigate 

the validity of the Final Rule as 

approved and published on December 

16, 2021. Nothing in this action is 

intended to suggest any legal defect or 

infirmity in the approval or publication 

of the Final Rule. 

Jose ́ Javier Rodrı ́guez, 

Assistant Secretary, Employment and 

Training Administration, Labor. 

[FR Doc. 2025–00829 Filed 1–14–25; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

[DOL Docket No. ETA–2015–0004] 

Temporary Agricultural Employment of 

H–2A Foreign Workers in the Herding 

or Production of Livestock on the 

Range in the United States; 

Ratification of Department’s Actions 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Ratification. 

SUMMARY: The Department of Labor is 

publishing notification of the Assistant 

Secretary for Employment and 

Training’s ratification of the rule 

published October 16, 2015, titled 

Temporary Agricultural Employment of 

H–2A Foreign Workers in the Herding or 

Production of Livestock on the Range in 

the United States. 

DATES: This ratification was signed on 

January 10, 2025. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding 20 CFR 

part 655, contact Brian Pasternak, 

Administrator, Office of Foreign Labor 

Certification, Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Room N–5311, Washington, DC 20210, 

telephone: (202) 693–8200 (this is not a 

toll-free number). Individuals with 

hearing or speech impairments may 

access the telephone numbers above via 

Teletypewriter (TTY)/ 

Telecommunications Device for the Deaf 

(TDD) by calling the toll-free Federal 

Information Relay Service at 1 (877) 

889–5627. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 15, 2015, the Department of 

Labor (‘‘DOL’’ or ‘‘Department’’) issued 

a notice of proposed rulemaking 

(‘‘NPRM’’) in the Federal Register 

(‘‘FR’’) to amend its regulations 

regarding the certification of temporary 

employment of nonimmigrant workers 

in temporary or seasonal agricultural 

employment in herding or the 

production of livestock on the range in 

the United States. See Temporary 

Agricultural Employment of H–2A 

Foreign Workers in the Herding or 

Production of Livestock on the Open 

Range in the United States, 80 FR 20300 

(Apr. 15, 2015) (‘‘NPRM’’). The NPRM 

was open for public comment for 45 

days until June 1, 2015. See Temporary 

Agricultural Employment of H–2A 

Foreign Workers in the Herding or 

Production of Livestock on the Range in 

the United States, 80 FR 62958 (Oct. 16, 

2015) (‘‘Final Rule’’). On October 16, 

2015, DOL published a final rule in the 

FR. See Final Rule, 80 FR at 62958. The 

Final Rule went into effect on November 

16, 2015. Id. 

Since publication of the Final Rule, a 

question has been raised in litigation 

concerning whether a separate rule, 

Adverse Effect Wage Rate Methodology 

for the Temporary Employment of H–2A 

Nonimmigrants in the Non-Range 

Occupations in the United States, 88 FR 

12760 (Feb. 28, 2023), was approved by 

the Attorney General in consultation 

with the Secretary of Labor and the 

Secretary of Agriculture. 8 U.S.C. 1188, 

Statutory Note.1 With respect to the 

Final Rule, prior to its issuance on 

October 15, 2015, the Final Rule was 

provided to the Departments of 

Homeland Security and Agriculture 

through the interagency review process 

prescribed by Executive Order 12866. 

Further, on December 31, 2024, the 

Secretary of Homeland Security, in 

consultation with the Secretary of Labor 

and Secretary of Agriculture, approved 

the Final Rule. 

To resolve any possible uncertainty 

with respect to the Final Rule, the 

Department, through its Assistant 

Secretary for Employment and Training, 

is ratifying the Final Rule. Under 

established case law, an agency may, 

through ratification, ‘‘purge[ ] any 

residual taint or prejudice left over 

from’’ a potential defect in a prior 

governmental action.2 The Department 

is issuing this ratification out of an 

abundance of caution, and this 

ratification is not a statement that the 

Final Rule is invalid absent this 

ratification. 

II. Ratification 

By virtue of the authority vested in 

the Secretary of Labor by law, including 

by the Immigration and Nationality Act 

of 1952, as amended, 8 U.S.C. 1101 et 

seq. (‘‘INA’’), and as delegated to the 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 3627 

Assistant Secretary for Employment and 

Training, 75 FR 66268, I am affirming 

and ratifying a prior action by Portia 

Wu, Assistant Secretary for Employment 

and Training. On October 16, 2015, the 

Employment and Training 

Administration published in the FR the 

Final Rule codifying amendments to the 

Department’s regulations regarding the 

certification of temporary employment 

of nonimmigrant workers employed in 

temporary or seasonal agricultural 

employment, establishing standards and 

procedures for employers seeking to 

hire foreign temporary agricultural 

workers for job opportunities in herding 

and production of livestock on the 

range. 80 FR 62958 (Oct. 16, 2015). 

The Final Rule was signed by 

Assistant Secretary Wu. I have full and 

complete knowledge of the Final Rule 

action taken by former Assistant 

Secretary Wu. Subsequent to the 

Secretary of Homeland Security’s 

documented approval of the Final Rule 

dated December 31, 2024, in 

consultation with the Secretary of Labor 

and Secretary of Agriculture, and out of 

an abundance of caution and to avoid 

any doubt as to its validity, I have 

independently evaluated the Final Rule 

and the basis for adopting it. I have 

determined that the amendments to the 

regulations in the Final Rule are 

consistent with the Secretary of Labor’s 

statutory responsibility to certify that 

there are insufficient able, willing, and 

qualified U.S. workers available to 

perform the needed work and that the 

employment of H–2A workers will not 

adversely affect the wages and working 

conditions of workers in the United 

States similarly employed. I have also 

determined that the changes adopted in 

the Final Rule strike an appropriate 

balance between the statute’s competing 

goals of providing employers with an 

adequate supply of legal agricultural 

labor and protecting the wages of 

workers in the United States similarly 

employed by establishing regulatory 

standards and procedures applicable to 

the employment of workers in these 

unique occupations, which occur in 

remote areas and require workers to be 

on call for long periods of time. I also 

agree with the Department’s 

certification that the Final Rule has a 

significant economic impact on a 

substantial number of small entities. See 

Final Rule, 80 FR 63039. 

Therefore, pursuant to my authority 

as the Assistant Secretary for 

Employment and Training, and based 

on my independent review of the action 

and the reasons for taking it, I hereby 

affirm and ratify the Final Rule, as of 

January 10, 2025, including all 

regulatory analysis certifications 

contained therein. This action is taken 

without prejudice to any right to litigate 

the validity of the Final Rule as 

approved and published on October 16, 

2015. Nothing in this action is intended 

to suggest any legal defect or infirmity 

in the approval or publication of the 

Final Rule. 

Jose ́ Javier Rodrı ́guez, 

Assistant Secretary, Employment and 

Training Administration, Labor. 

[FR Doc. 2025–00828 Filed 1–14–25; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 83 

[BIA–2022–0001; 256A2100DD/ 

AAKC001030/A0A501010.999900] 

RIN 1076–AF67 

Federal Acknowledgment of American 

Indian Tribes 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Final rule. 

SUMMARY: The United States Department 

of the Interior (Department) revises the 

regulations governing the process 

through which the Secretary 

acknowledges an Indian Tribe, creating 

a conditional, time-limited opportunity 

for denied petitioners to re-petition for 

Federal acknowledgment. 

DATES: This rule is effective on February 

14, 2025. 

ADDRESSES: On request to the program 

contact person listed under FOR FURTHER

INFORMATION CONTACT, individuals can 

obtain this document in an alternate 

format, usable by people with 

disabilities, at the Office of Federal 

Acknowledgment, Room 4071, 1849 C 

Street NW, Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: 

Oliver Whaley, Director, Office of 

Regulatory Affairs and Collaborative 

Action, Office of the Assistant 

Secretary—Indian Affairs, (202) 738– 

6065. 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. 

SUPPLEMENTARY INFORMATION: Since 

1994, the regulations governing the 

Federal acknowledgment process, 

located at 25 CFR part 83 (part 83), have 

included an express prohibition on repetitioning (ban). When the Department 

revised the part 83 regulations in 2015 

(2015 regulations), the Department 

decided to retain the ban; however, two 

Federal district courts held that the 

Department’s stated reasons for doing 

so, as articulated in the final rule 

updating the regulations, were arbitrary 

and capricious under the 

Administrative Procedure Act. The 

courts remanded the ban to the 

Department for further consideration. In 

a 2022 notice of proposed rulemaking 

(2022 proposed rule), the Department 

initially proposed to retain the ban. 

Subsequently, in a second notice of 

proposed rulemaking published at 89 

FR 57097 on July 12, 2024 (2024 

proposed rule), the Department 

proposed to create a limited exception 

to the ban, through implementation of a 

re-petition authorization process. In this 

final rule, the Department adopts a 

limited exception to the ban. 

I. Background 

A. Federal Acknowledgment Process 

B. 1994 and 2015 Revisions of Part 83 

C. Ban on Re-Petitioning 

D. Remand of the Ban 

E. 2022 Proposed Rule 

F. 2024 Proposed Rule 

II. Summary of the Final Rule 

A. Re-Petition Authorization Process 

B. Additional, Related Revisions 

C. Technical Revisions 

III. Discussion of the Comments on the 2024 

Proposed Rule 

A. Overview 

B. Comments Citing Fairness as a 

Justification for the Re-Petition 

Authorization Process 

C. Additional Discussion of Third-Party 

Opposition To Re-Petitioning 

D. Comments Citing Departmental 

Workload as a Justification for Retaining 

the Ban on Re-Petitioning 

E. Comments on the Standard Applied in 

the Re-Petition Authorization Process 

F. Comments on the Conditions for 

Obtaining Authorization To Re-Petition 

1. Comments on the ‘‘Change’’ Condition 

2. Comments on the ‘‘New Evidence’’ 

Condition 

3. Comments on Possible Other Conditions 

for Obtaining Authorization To RePetition 

G. Comments on the Processing of a RePetition Request 

1. Comments on the Time Limit for 

Submitting a Re-Petition Request 

2. Comments on Third-Party Notice-andComment Provisions 

3. Comments on the Finality of a Grant of 

Authorization To Re-Petition 

IV. Procedural Requirements 

A. Regulatory Planning and Review (E.O. 

12866 and 13563) 

B. Regulatory Flexibility Act 

C. Congressional Review Act 

D. Unfunded Mandates Reform Act 

E. Takings (E.O. 12630) 

F. Federalism (E.O. 13132) 

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

H. Consultation With Indian Tribes (E.O. 

13175) 

I. Paperwork Reduction Act 


lotter on DSK11XQN23PROD with RULES1