```

[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4671-4673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00976]

-----------------------------------------------------------------------

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-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, 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:
---------------------------------------------------------------------------

    \1\ When 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.

[[Page 4672]]

----------------------------------------------------------------------------------------------------------------
                                                                                      Annual
               CFR citation                 Description of the penalty    2024      adjustment     2025 Adjusted
                                                                         Penalty   (multiplier)       penalty
----------------------------------------------------------------------------------------------------------------
43 CFR 10.11(c)(1).......................  Failure of Museum to Comply    $8,315         1.02598          $8,531
43 CFR 10.11(g)(4).......................  Continued Failure to Comply     1,664         1.02598           1,707
                                            Per Day.
43 CFR 10.11(m)(1).......................  Continued Failure to Comply     1,496         1.02598       \1\ 1,707
                                            Per Day.
----------------------------------------------------------------------------------------------------------------

    Consistent with the Act, the adjusted penalty levels for 2025 will 
take effect immediately upon the effective date of the adjustment. The 
adjusted penalty levels for 2025 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.
    In addition to adjusting the amount of civil penalties, this rule 
updates the NAGPRA regulations at 43 CFR 10.1(e)(2) to reflect the new 
address of the NAGPRA Program. This change is needed to provide the 
public with accurate information about where communications to the 
NAGPRA Program Manager may be sent if electronic submission is not 
possible.

III. Procedural Requirements

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

    Executive Order (E.O.) 14094 amends E.O. 12866 and reaffirms the 
principles of E.O. 12866 and E.O. 13563 and states that regulatory 
analysis should facilitate agency efforts to develop regulations that 
serve the public interest, advance statutory objectives, and are 
consistent with E.O. 12866 and E.O. 13563. Regulatory analysis, as 
practicable and appropriate, shall recognize distributive impacts and 
equity, to the extent permitted by law. 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 developed this rule in a manner consistent with 
these requirements.
    E.O. 12866, as reaffirmed by E.O. 13563 and amended and reaffirmed 
by E.O. 14094, provides that the Office of Information and Regulatory 
Affairs (OIRA) in the Office of Management and Budget (OMB) will review 
all significant rules. OIRA determined that this final rule is not 
significant.

B. Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    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 (2 U.S.C. 1501 et seq.)

    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 E.O. 12630. A takings implication 
assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 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 E.O. 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

[[Page 4673]]

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 E.O. 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 OIRA Administrator 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 2025 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. 
Providing an opportunity for public comment and a delay in the 
effective date for changing the regulations to reflect the current 
mailing address of the NAGPRA Program Manager would be unnecessary and 
contrary to the public interest.

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.  10.1  [Amended]

0
2. In Sec.  10.1, remove ``7360'' and add in its place ``2343'' in 
paragraph (e)(2).

Sec.  10.11  [Amended]

0
3. In Sec.  10.11:
0
a. Remove ``$8,315'' and add in its place ``$8,531'' in paragraph 
(c)(1);
0
b. Remove ``$1,664''. and add in its place ``$1,707'' in paragraph 
(g)(4); and
0
c. Remove ``$1,496'' and add in its place ``$1,707'' in paragraph 
(m)(1).

Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2025-00976 Filed 1-15-25; 8:45 am]
BILLING CODE 4312-52-P
```