Use of Columbia River Indian In-Lieu Fishing Sites

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 248

RIN 1076-AD86

Use of Columbia River Indian In-Lieu Fishing Sites

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Bureau of Indian Affairs (BIA) is writing into plain

English the existing regulations governing the use of Columbia River

Indian In-Lieu Fishing Sites. We are doing this as part of the

President's regulatory reinvention initiative.

DATES: Comments must be submitted on or before December 29, 1997.

ADDRESSES: Submit comments on this rule to: Chuck James, Area

Archeologist, Portland Area Office, Bureau of Indian Affairs, 911 NE.

11 Ave., Portland, OR 97232, (503) 231-6229.

FOR FURTHER INFORMATION CONTACT: Chuck James (Area Archeologist), (503)

231-6229.

SUPPLEMENTARY INFORMATION: The purpose of this rulemaking is to revise

the regulations governing the use of Columbia River Indian In-Lieu

Fishing Sites. We have written these regulations in plain English to

make them easier for users to read and understand.

Executive Order 12988

The Department has certified to the Office of Management and Budget

(OMB) that these proposed regulations meet the applicable standards

provided in sections 3(a) and 3(b)(2) of Executive Order 12988.

Executive Order 12866

This proposed rule is not a significant regulatory action and does

not require Office of Management and Budget review under Executive

Order 12866.

Regulatory Flexibility Act

This rule will not have a significant economic impact on a

substantial number of small entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.).

Executive Order 12630

The Department has determined that this rule does not have

significant ``takings'' implications. The rule does not pertain to

``taking'' of private property interests, nor does it impact private

property.

Executive Order 12612

The Department has determined that this rule does not have

significant Federalism effects because it pertains solely to Federal-

tribal relations and will not interfere with the roles, rights, and

responsibilities of states.

NEPA Statement

The Department has determined that this rule does not constitute a

major Federal action significantly affecting the quality of the human

environment and that no detailed statement is required under the

National Environmental Policy Act of 1969.

Paperwork Reduction Act of 1995

This rule does not contain any collection of information requiring

approval under the Paperwork Reduction Act of 1995.

Unfunded Mandates Reform Act of 1995

This rule imposes no unfunded mandates on any governmental or

private entity and is in compliance with the provisions of the Unfunded

Mandates Reform Act of 1995.

Drafting Information

The primary author of this document is Chuck James, Area

Archaeologist, Bureau of Indian Affairs, Department of the Interior.

List of Subjects in 25 CFR Part 248

Fisheries, Fishing, Indians, Indians--claims, Indians--law.

For the reasons set out in the preamble, Bureau of Indian Affairs

proposes to revise part 248 as follows:

PART 248--USE OF COLUMBIA RIVER INDIAN IN-LIEU FISHING SITES

Sec.

248.1 What definitions apply to this part?

248.2 What lands are subject to these regulations in this part?

248.3 Who is eligible to use Columbia River in-lieu fishing sites?

248.4 How may I use the sites?

248.5 What identification do I need in order to use a site?

248.6 What requirements must I obey in order to be able to use a

site?

248.7 How does this part affect tribal treaty rights?

248.8 What will happen if I damage government-owned property?

248.9 Can I build a structure on a site?

248.10 What sanitation requirements must I meet?

248.11 What am I responsible for if I use the facilities?

248.12 What will happen if I abandon property?

248.13 What other restrictions apply to use of the sites?

248.14 Will I have to pay to use a site?

248.15 Can I appeal an administrative action?

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9.

Sec. 248.1 What definitions apply to this part?

Abandoned property means property left at a site while the owner of

the property is not actively engaged in fishing or drying or processing

fish. Abandoned property may include:

(1) Vehicles;

(2) Mobile trailers;

(3) Campers;

(4) Tents;

(5) Tepees;

(6) Boats; or

(7) Other personal property.

Area Director means the position responsible for administration of

the Portland Area of the Bureau of Indian Affairs.

Campfire means fire, not within any building, motor home or

trailer, that is used for cooking, personal warmth, lighting,

ceremonial or aesthetic purposes.

Damage means to injure, mutilate, deface, destroy, cut, chop,

girdle, dig, excavate, kill, or in any way harm or disturb.

In-lieu fishing sites means any lands acquired by the Secretary of

War and transferred to the Secretary of the Interior pursuant to the

Act of March 2, 1945 (59 Stat. 22) as amended to replace Indian fishing

grounds submerged or destroyed as a result of the construction of the

Bonneville Dam.

Secretary means the Secretary of the Interior or his/her designee.

Site means an in-lieu fishing site as defined in this section.

Vehicle means any device in, upon, or by which any person or

property is or may be transported, and including any motor, frame,

chassis, or body of any motor vehicle, or camper shell, except devices

used exclusively upon stationary rails or tracks.

Sec. 248.2 What lands are subject to the regulations in this part?

This part applies to in-lieu fishing sites as defined in

Sec. 248.1.

Sec. 248.3 Who is eligible to use Columbia River in-lieu fishing

sites?

Members of the general public may not use Columbia River in-lieu

fishing sites. You may use a site only if:

(a) You are a member of any of the following tribes:

(1) Yakama;

(2) Umatilla;

(3) Warms Springs; or

(4) Any other tribe that had treaty fishing rights that were

inundated or destroyed by the Bonneville Dam; and

[[Page 55768]]

(b) You comply with the requirements of this part and of any

additional guidance that the Area Director may issue to implement this

part.

Sec. 248.4 How may I use the sites?

If you meet the criteria in Sec. 248.3, you may use a site:

(a) For access to usual and accustomed fishing areas and ancillary

facilities; and

(b) For camping with your family (while you are fishing?).

Sec. 248.5 What identification do I need in order to use a site?

(a) When you use a site you must have with you either:

(1) Your tribal identification card; or

(2) If you belong to a tribe specified in Sec. 248.3(a)(4), a

special identification issued by the Area Director.

(b) You must show the identification required in paragraph (a) of

this section to any authorized Federal, State, or local official who

asks to see it.

Sec. 248.6 What requirements must I obey in order to be able to use a

site?

(a) You may use a site only if you obey:

(1) The requirements of tribal, State, and Federal laws and

regulations (unless they conflict with your treaty tribe's rights); and

(2) Any additional requirements that the Area Director may develop

to implement this part.

(b) The Area Director may suspend or withdraw your access and use

privileges if you do not follow the requirements of this section.

Sec. 248.7 How does this part affect tribal treaty rights?

(a) This part does not limit or affect the treaty rights of any

tribe.

(b) You are not required to obey State fishing laws or regulations

if:

(1) You are an Indian properly exercising tribal treaty rights; and

(2) The State laws or regulations are not compatible with your

treaty rights.

Sec. 248.8 What will happen if I damage government-owned property?

If you commit any act of vandalism, depredation, destruction,

theft, or misuse of land, buildings, fences, signs, or other structures

that are the property of the United States, you can be prosecuted under

applicable Federal or State law.

Sec. 248.9 Can I build a structure on a site?

You may erect, place, or maintain dwellings, camping facilities,

and other structures (such as fish drying facilities and fish

platforms) if you need them for treaty fishing or related activities.

Sec. 248.10 What sanitation requirements must I meet?

(a) You must use the sites in conformance with the health,

sanitation, and safety requirements of State or local law. If there are

no appropriate State or local laws, you must follow the health,

sanitation, and safety requirements of the U.S. Public Health Service.

(b) The Area Director may suspend or withdraw your access and use

privileges if:

(1) You violate the requirements referred to in paragraph (a) of

this section; and

(2) You repeat the violation after having been given a notice to

cease and desist.

Sec. 248.11 What am I responsible for if I use the facilities?

(a) You are responsible for:

(1) Campsites, drying sheds and other facilities during the time

you occupy or use them; and

(2) Any personal property that you erect, place, or maintain on the

site during the time you occupy the site, including:

(i) Tents;

(ii) Tepees;

(iii) Campers;

(iv) Mobile trailers;

(v) Temporary drying sheds; and

(vi) Fishing platforms.

(b) Neither the United States nor any of its employees is

responsible for the safety or condition of any personal property.

Sec. 248.12 What will happen if I abandon property?

If you abandon property at a site, it may be removed without your

consent and disposed of at your expense, if the Area Director approves.

Sec. 248.13 What other restrictions apply to use of the sites?

The Area Director may prescribe and post at the sites regulations

covering:

(a) Camping;

(b) Picnicking;

(c) Use of alcoholic beverages;

(d) Setting or use of fires;

(e) Use of the sites for cleaning fish;

(f) Deposit of garbage, paper, cans, bottles, or rubbish of any

kind; or

(g) Use of the sites for any commercial activity (including

commercial purchase of fish).

Sec. 248.14 Will I have to pay to use a site?

No. Neither you nor any member of your family will be charged for

using a site in accordance with this part.

Sec. 248.15 Can I appeal an administrative action?

You may appeal any decision made by the Area Director under this

part to the Commissioner of Indian Affairs. You may appeal any decision

of the Commissioner of Indian Affairs to the Secretary of the Interior

in accordance with part 2 of this chapter.

Dated: October 17, 1997.

Ada E. Deer,

Assistant Secretary--Indian Affairs.

[FR Doc. 97-28493 Filed 10-27-97; 8:45 am]

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