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: 


ddrumheller on DSK120RN23PROD with RULES1
4672 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

CFR citation Description of the penalty 2024 

Penalty 

Annual 

adjustment 

(multiplier) 

2025 

Adjusted 

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 Per Day .......................... 1,664 1.02598 1,707 

43 CFR 10.11(m)(1) .................................. Continued Failure to Comply Per Day .......................... 1,496 1.02598 1 1,707 

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-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance 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 


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

■ 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. 

§ 10.1 [Amended] 

■ 2. In § 10.1, remove ‘‘7360’’ and add 

in its place ‘‘2343’’ in paragraph (e)(2). 

§ 10.11 [Amended] 

■ 3. In § 10.11: 

■ a. Remove ‘‘$8,315’’ and add in its 

place ‘‘$8,531’’ in paragraph (c)(1); 

■ b. Remove ‘‘$1,664’’. and add in its 

place ‘‘$1,707’’ in paragraph (g)(4); and 

■ 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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 5b 

[Docket Number NIH–2022–0002] 

RIN 0925–AA69 

Privacy Act; Implementation 

AGENCY: National Institutes of Health 

(NIH), Department of Health and Human 

Services (HHS). 

ACTION: Final rule. 

SUMMARY: The Department of Health and 

Human Services (HHS or Department) is 

issuing this final rule to make effective 

the exemptions that were previously 

proposed for a new Privacy Act system 

of records, ‘‘NIH Police Records,’’ 

maintained by the National Institutes of 

Health (NIH), from certain requirements 

of the Act. The new system of records 

covers criminal and non-criminal law 

enforcement investigatory material 

maintained by the NIH Division of 

Police, a component of NIH which 

performs criminal law enforcement as 

its principal function. The exemptions 

are necessary and appropriate to protect 

the integrity of law enforcement 

proceedings and records compiled 

during the course of NIH Division of 

Police activities, prevent disclosure of 

investigative techniques, and protect the 

identity of confidential sources involved 

in those activities. 

DATES: This final rule is effective 

February 18, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Dustin Close, Office of Management 

Assessment, National Institutes of 

Health, 6705 Rockledge Drive, Suite 

601, Bethesda, Maryland 20892, 

telephone 301–402–6469, email 

privacy@mail.nih.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

HHS/NIH published a Notice of 

Proposed Rulemaking (NPRM) in the 

Federal Register on June 7, 2024 (89 FR 

48536), seeking notice and comment 

concerning proposed exemptions for a 

new system of records with respect to 

certain materials maintained by the NIH 

Division of Police. These proposals were 

made in accordance with the Privacy 

Act of 1974 (Privacy Act) and the Office 

of Management and Budget (OMB) 

Circular A–108, Federal Agency 

Responsibilities for Review, Reporting, 

and Publication under the Privacy Act. 

This new system of records was 

described in a System of Records Notice 

(SORN) that was published in the 

Federal Register (89 FR 48654) on the 

same day for notice and comment. A 60- 

day comment period was provided for 

both the NPRM and the SORN. The 

public comment period for both the 

NPRM and the SORN expired on August 

6, 2024. One comment was received in 

response to the NPRM, and no 

comments were received in response to 

the SORN. The comment received in 

response to the NPRM supported the 

rulemaking action. HHS/NIH made no 

changes to the exemptions that were 

proposed in the NPRM or to the SORN 

in response to the public comment 

received. The NPRM, as published on 

June 7, 2024 (89 FR 48654), provided for 

the SORN to be effective upon 

publication of this final rule. Therefore, 

the SORN, as published on June 7, 2024 

(89 FR 48654), is now effective. 

II. Background on the NIH Police 

Division and New System of Records 

09–25–0224 

The NIH Division of Police, 

organizationally located within the 

Office of Research Services (ORS), 

Office of the Director, NIH, was 

established in 1968 to provide an 

immediate and primary law 

enforcement program for the NIH and 

derives its authority from Memorandum 

from the Assistant Secretary for 

Administration, Office of the Secretary 

(OS), to the Director, NIH, June 13, 

1968, entitled: Delegation of Authority 

to Assist in Controlling Violations of 

Law at Certain HEW [Department of 

Health, Education, and Welfare] 

Facilities Located in Montgomery 

County, Maryland; 40 U.S.C. 1315 (Law 

enforcement authority of Secretary of 

Homeland Security for protection of 

public property; a Department of 

Homeland Security (DHS) delegation of 

authority to HHS/NIH; and an NIH 

delegation of authority to the NIH 

Division of Police); General 


ddrumheller on DSK120RN23PROD with RULES1