[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Rules and Regulations]
[Pages 55267-55269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24173]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/AAKC001030/A0A501010.999900 253G]
25 CFR Part 23
RIN 1076-AF42
Change of Address; Indian Child Welfare Act
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule; technical amendment.
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SUMMARY: The Bureau of Indian Affairs (BIA) is amending its regulations
to reflect a change of addresses for filing copies of Indian Child
Welfare Act (ICWA) notices to the Alaska Regional Director and Midwest
Regional Director, and to update the mail stop for BIA's Central Office
in Washington, DC for filing ICWA adoption notices. This rule is a
technical amendment that corrects the addresses for filing ICWA
documents with the Alaska Regional Director, Midwest Regional Director,
and Central Office in Washington, DC.
DATES: Effective November 5, 2018.
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of
Regulatory Affairs & Collaborative Action, (202) 273-4680;
[email protected].
SUPPLEMENTARY INFORMATION: ICWA requires, in any involuntary
proceeding, the party seeking foster-care placement of, or termination
of parental rights to, an Indian child must notify the parents, Indian
custodians, and child's Tribe and send a copy to the appropriate BIA
Regional Director. This notice updates the addresses for two of the
Regional Director offices. ICWA also requires that any State court
entering a final adoption decree or order in any Indian child adoptive
placement furnish a copy of the decree or order to BIA Chief of Human
Services at BIA's Central Office. This rule also updates the mail stop
for Central Office in Washington, DC, because the mail stop has moved.
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. The Department has developed this rule in a manner consistent
with these requirements.
[[Page 55268]]
B. Regulatory Flexibility Act
This rule will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.). The rule is administrative in nature
and affects only mailing addresses.
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.
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
corrects BIA mailing addresses.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule meets the criteria of section 3(a) requiring
all regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation and 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)
The Department 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 the
Department's consultation policy and under the criteria in Executive
Order 13175 and have determined there are no potential effects on
federally recognized Indian Tribes and Indian trust assets.
I. Paperwork Reduction Act
The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq.,
prohibits a Federal agency from conducting or sponsoring a collection
of information that requires OMB approval, unless such approval has
been obtained and the collection request displays a currently valid OMB
control number. Nor is any person required to respond to an information
collection request that has not complied with the PRA. This rule does
not contain any information collections requiring approval under the
PRA; however, OMB has approved the information collection requirements
related to this rule under OMB Control No. 1076-1086.
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. See, 43 CFR
46.210(i). No extraordinary circumstances exist that would require
greater review under the National Environmental Policy Act.
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. Determination To Issue Final Rule Without the Opportunity for Public
Comment and With Immediate Effective Date
BIA is taking this action under its authority, at 5 U.S.C. 552, to
publish regulations in the Federal Register. Under the Administrative
Procedure Act, statutory procedures for agency rulemaking do not apply
``when the agency for good cause finds . . . that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest.'' 5 U.S.C. 553(b)(3)(B). BIA finds that the notice and
comment procedure are impracticable, unnecessary, or contrary to the
public interest, because: (1) These amendments are non-substantive; and
(2) the public benefits for timely notification of a change in the
official agency address, and further delay is unnecessary and contrary
to the public interest. Similarly because this final rule makes no
substantive changes and merely reflects a change of address and updates
to titles in the existing regulations, this final rule is not subject
to the effective date limitation of 5 U.S.C. 553(d).
List of Subjects in 25 CFR Part 23
Administrative practice and procedures, Child welfare, Grant
programs--Indians, Grant programs--social programs, Indians, Reporting
and recordkeeping requirements.
For the reasons stated in the preamble, the Department of the
Interior, Bureau of Indian Affairs, amends part 23 in title 25 of the
Code of Federal Regulations as follows:
PART 23--INDIAN CHILD WELFARE ACT
0
1. The authority for part 23 continues to read as follows:
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 1901-1952.
0
2. In Sec. 23.11, revise paragraphs (b)(2) and (7) to read as follows:
Sec. 23.11 Notice.
* * * * *
(b) * * *
(2) For child-custody proceedings in Illinois, Indiana, Iowa,
Michigan, Minnesota, Ohio, or Wisconsin, notices must be sent to the
following address: Minneapolis Regional Director, Bureau of Indian
Affairs, 5600 American Blvd. W, Ste. 500, Bloomington, MN 55437.
* * * * *
(7) For child-custody proceedings in Alaska (except for notices to
the Metlakatla Indian Community, Annette Island Reserve, Alaska),
notices must be sent to the following address: Alaska Regional
Director--Attn: Human Services, Bureau of Indian Affairs, 3601 C
Street, Suite 1258, Anchorage, Alaska 99503. Notices to the Metlakatla
Indian Community, Annette Island Reserve, Alaska, must be sent to the
Portland Regional Director at the address listed in paragraph (b)(11)
of this section.
* * * * *
[[Page 55269]]
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3. In Sec. 23.140, revise paragraph (a) introductory text to read as
follows:
Sec. 23.140 What information must States furnish to the Bureau of
Indian Affairs?
(a) Any State court entering a final adoption decree or order in
any voluntary or involuntary Indian-child adoptive placement must
furnish a copy of the decree or order within 30 days to the Bureau of
Indian Affairs, Chief, Division of Human Services, 1849 C Street NW,
Mail Stop 3645 MIB, Washington, DC 20240, along with the following
information, in an envelope marked ``Confidential'':
* * * * *
Dated: August 16, 2018.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2018-24173 Filed 11-2-18; 8:45 am]
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