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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
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. We have developed this rule in a manner consistent with these requirements.

F. Federalism E.O. 13132
Under the criteria in section 1 of Executive Order 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

The Department of the Interior certifies that this rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq..

This rule complies with the requirements of Executive Order 12988.
Specifically, this rule: a Meets the criteria of section 3a requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and b Meets the criteria of section 3b2 requiring that all regulations be written in clear language and contain clear legal standards.

C. Small Business Regulatory Enforcement Fairness Act of 1996

H. Consultation With Indian Tribes E.O. 13175

This rule is not a major rule under 5
U.S.C. 8042, the Small Business Regulatory Enforcement Fairness Act.
Because this rule is exclusively confined to the Federal Government, Osage Indians, and the Osage Nation, 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.

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 monetarily 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.

The Department of the Interior strives to strengthen its government-togovernment relationship with federally recognized Indian Tribes through a commitment to consultation with these Indian Tribes and recognition of their right to self-governance and Tribal sovereignty. We have evaluated this rule under the Departments consultation policy and under the criteria in Executive Order 13175 and have determined that it has substantial direct effects on one federally recognized Indian Tribe because the rule directly addresses the Osage Nation. The Department consulted with the Osage Nation on this rule. This rulemaking is a result of a consensus-oriented process conducted between the Department of the Interior and the Osage Nation to identify a rulemaking strategy to address issues and concerns contained in the regulations related specifically to the Osage Nation, which no longer align with the Nations form of government.
The purpose of this rulemaking is to allow the Department of the Interior to better meet its fiduciary trust responsibilities and to carry out the policies established by the Congress to strengthen Tribal sovereignty with regard to elections of Osage Nation officers.

E. Takings E.O. 12630

I. Paperwork Reduction Act
This rule does not affect a taking of private property or otherwise have taking implications under Executive Order 12630 because this rule does not affect individual property rights protected by the Fifth Amendment or involve a compensable taking. A
takings implication assessment is not required.

This rule does not contain information collection requirements, and a submission to the Office of Management and Budget OMB under the Paperwork Reduction Act of 1995
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
B. The Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995

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J. National Environmental Policy Act This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act of 1969
NEPA is not required because this is an administrative and procedural regulation. For further information see 43 CFR 46.210i. 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 Executive Order 13211. A Statement of Energy Effects is not required.
List of Subjects in 25 CFR Part 90
Elections, Indianstribal government.
For the reasons given in the preamble, the Department of the Interior revises 25
CFR part 90 to read as follows:

PART 90ELECTIONS OF OSAGE
MINERALS COUNCIL
Sec.
90.100 What role does the Bureau of Indian Affairs BIA play in the Osage Minerals Councils elections?
90.101 Reserved Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9;
Sec. 9, Pub. L. 59321, 34 Stat. 539; Pub. L.
108431, 118 Stat. 2609, 118 Stat. 2609.
90.100 What role does the Bureau of India Affairs BIA play in the Osage Minerals Councils elections?

a The Superintendent of the Osage Agency must compile, at the request of the Chair of the Osage Minerals Council, a list of the voters of Osage descent who will be 18 years of age or over on the election day designated by the Osage Minerals Council and whose names appear on the March quarterly annuity roll at the Osage Agency as of the March quarterly payment immediately preceding the date of the election. Such list must set forth only the name and last known address of each voter.
b For purposes of calculating votes, the Superintendent must furnish to the Osage Minerals Council designee charged with carrying out Osage Minerals Council elections a separate list containing the name and last known address of each eligible voter and including the voters headright interest shown on the last March quarterly annuity roll.

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