81 FR 54498 - Protection of Archaeological Resources

TENNESSEE VALLEY AUTHORITY

Federal Register Volume 81, Issue 158 (August 16, 2016)

This final rule amends the regulations of the Tennessee Valley Authority (TVA) for the protection of archaeological resources by providing for the issuance of petty offense citations for violations of the Archaeological Resources Protection Act (ARPA) and the Antiquities Act of 1906 (AA). Amending the regulations such that TVA law enforcement agents are authorized to issue citations will help prevent loss and destruction of archaeological resources resulting from unlawful excavations and pillage.

[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Rules and Regulations]
[Pages 54498-54499]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19343]


=======================================================================
-----------------------------------------------------------------------

TENNESSEE VALLEY AUTHORITY

18 CFR Part 1312


Protection of Archaeological Resources

AGENCY: Tennessee Valley Authority.

ACTION: Final rule.

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

SUMMARY: This final rule amends the regulations of the Tennessee Valley 
Authority (TVA) for the protection of archaeological resources by 
providing for the issuance of petty offense citations for violations of 
the Archaeological Resources Protection Act (ARPA) and the Antiquities 
Act of 1906 (AA). Amending the regulations such that TVA law 
enforcement agents are authorized to issue citations will help prevent 
loss and destruction of archaeological resources resulting from 
unlawful excavations and pillage.

DATES: This final rule becomes effective September 15, 2016.

FOR FURTHER INFORMATION CONTACT: Ralph E. Majors, TVA, 865-632-4176; or 
Erin E. Pritchard, TVA, 865-632-2463.

SUPPLEMENTARY INFORMATION:

I. Legal Authority

    These amendments are promulgated under the authority of the TVA 
Act, as amended, 16 U.S.C. 831-831ee, the Archaeological Resources 
Protection Act, 16 U.S.C. 470aa-470mm, and the Antiquities Act of 1906, 
16 U.S.C.431, 432 & 433.

II. Background for the Amendments

    This final rule amends TVA's regulations implementing the 
Archaeological Resources Protection Act of 1979 (Pub. L. 96-95, as 
amended by Pub. L. 100-555, Pub. L. 100-588; 93 Stat. 721; 102 Stat. 
2983; 16 U.S.C. 470aa-mm) to provide for the issuance of petty offense 
citations by TVA's law enforcement agents for violations of ARPA or AA.
    Section 10(a) of ARPA requires the Departments of Interior, 
Agriculture and Defense and the Tennessee Valley Authority to 
promulgate such uniform rules and regulations as may be necessary to 
carry out the purposes of ARPA. The first purpose of ARPA is ``to 
secure, for the present and future benefit of the American people, the 
protection of archaeological resources and sites which are on public 
lands and Indian lands.'' 16 U.S.C. 470aa(b). The uniform regulations 
for ARPA originally were published on January 6, 1984 to implement the 
Act of 1979. The uniform regulations were then revised on January 26, 
1995 to incorporate the amendments to ARPA promulgated by Congress in 
1988.
    Section 10(b) of ARPA requires each Federal land manager (FLM) to 
promulgate such regulations, consistent with the uniform regulations 
under Section 10(a), as may be appropriate for the carrying out of the 
FLM's functions and authorities under the Act. Thus, Section 10(b) 
allows individual Federal agencies to tailor the uniform regulations to 
suit their own particular needs with a view to effectively implementing 
the authorities under the Act. TVA has adopted the uniform regulations 
as its own. See 18 CFR part 1312 (1984 and 1995). This final rule 
amends TVA's ARPA regulations by enabling TVA's law enforcement agents 
to issue petty offense citations for violations of ARPA \1\ or AA \2\ 
occurring on lands owned by the United States that are entrusted to 
TVA.\3\ The issuance of petty offense citations is consistent with the 
authority granted to TVA's law enforcement agents under the TVA Act, 
and advances the effective prosecution of violations of ARPA and AA.
---------------------------------------------------------------------------

    \1\ The prohibitions under ARPA are set out in Sections 6(a), 
6(b) and 6(c) of the Act. See 16 U.S.C. 470ee(a), (b) & (c). Any 
violation of these prohibitions is subject to the criminal sanctions 
prescribed in Section 6(d). See 16 U.S.C. 470ee(d). TVA's 
regulations implementing ARPA replicate these prohibitions and 
criminal sanctions. See 18 CFR 1312.4.
    \2\ The AA prohibits, among other things, the excavation, 
destruction or appropriation of an object of antiquity situated on 
federal lands without the permission of the head of the agency 
having jurisdiction over those lands. See 16 U.S.C. 433. Any 
violation of these provisions is subject to criminal sanctions. Id.
    \3\ Under Section 21(a) of the TVA Act, ``[a]ll general penal 
statutes relating to larceny, embezzlement, conversion, or to the 
improper handling, retention, use or disposal of . . . property of 
the United States, shall apply to the . . . property of the 
Corporation and to . . . properties of the United States entrusted 
to the Corporation.'' 16 U.S.C. 831t(a) (emphasis added).
---------------------------------------------------------------------------

    Under the TVA Act, the TVA Board of Directors ``may designate 
employees of the Corporation to act as law enforcement agents'' to 
``make arrests without warrant for any offense against the United 
States committed in the agent's presence'' that occurs ``on any lands 
or facilities owned or leased by the Corporation.'' See 16 U.S.C. 831c-
3. Based on this authority, the final rule amends TVA's regulations for 
protection of archaeological resources to authorize certain TVA law 
enforcement agents to issue petty offense citations for the violation 
of any provision of 16 U.S.C. 470ee or 16 U.S.C. 433. Those TVA law 
enforcement agents that are designated by the Director of TVA Police 
and Emergency Management for the purpose of conducting archaeological 
investigations shall have the authority to issue petty offense 
citations for ARPA or AA violations committed in the agent's presence 
on lands owned by the United States that are entrusted to TVA. For any 
such petty offense committed on lands entrusted to TVA, the citation 
may be issued at the site of the offense, or on non-TVA land (a) when 
the person committing the offense is in the process of fleeing the site 
of the offense to avoid arrest, or (b) to protect the archaeological 
artifacts involved in the commission of the offense.\4\ The citation 
will require the person charged with the violation to appear before a 
United States Magistrate Judge within whose jurisdiction the affected 
archaeological resource is located.\5\
---------------------------------------------------------------------------

    \4\ See 16 U.S.C. 831c-3(c)(2) (authorizing TVA's law 
enforcement agents to exercise their law enforcement duties and 
powers on non-TVA lands (1) when the person to be arrested is in the 
process of fleeing to avoid arrest or (2) in conjunction with the 
protection of TVA property.)
    \5\ Section 3401 of Title 18, United States Code, provides that 
``any United States magistrate judge shall have jurisdiction to try 
persons accused of, and sentence persons convicted of, misdemeanors 
committed within that judicial district.'' 18 U.S.C. 3401(a).
---------------------------------------------------------------------------

III. Comment Period

    Public comment was sought for a 30-day period following publication 
of the proposed amendments in the Federal Register on May 20, 2016 (81 
FR 31873). The comment period closed on June 20, 2016. No comments were 
received in response to the publication of the proposed amendments.
    The final rule corrects a typographical error in the proposed rule 
published on May 20, 2016. The reference to ``Title 8'' in the final 
sentence of Sec.  1312.22 (on page 31875 of the proposed rule) has been 
corrected to ``Title 18'' in this final rule.

IV. Administrative Requirements

    A. Unfunded Mandates Reform Act and various Executive Orders 
including E.O. 12866, Regulatory Planning and Review; E.O. 12898, 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income

[[Page 54499]]

Populations; E.O. 13045, Protection of Children from Environmental 
Health Risks; E.O. 13132, Federalism; E.O. 13175, Consultation and 
Coordination with Indian Tribal Governments; and E.O. 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, and Use; E.O. 12988, Civil Justice Reform Act.
    This final rule amends TVA's regulations for the protection of 
archaeological resources by providing for issuance of petty offense 
citations by TVA's law enforcement agents for violations of ARPA or AA. 
The rule is not subject to Office of Management and Budget Review under 
Executive Order 12866. The rule contains no Federal mandates for State, 
local, or tribal government or for the private sector. TVA has 
determined that these amendments will not have a significant annual 
effect of $100 million or more or result in expenditures of $100 
million in any one year by State, local, or tribal governments or by 
the private sector. Nor will the amendments have concerns for 
environmental health or safety risks that may disproportionately affect 
children, have significant effect on the supply, distribution, or use 
of energy, or disproportionally impact low-income or minority 
populations. Accordingly, this final rule has no implications for any 
of the referenced authorities.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., TVA is 
required to prepare a regulatory flexibility analysis unless the head 
of the agency certifies that the proposal will not have a significant 
economic impact on a substantial number of small entities. TVA's Chief 
Executive Officer has certified that the amendments promulgated in this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act. This determination is based on the finding that the 
amendments are directed toward Federal resource management to help 
prevent loss or destruction of archaeological resources, with no 
economic impact on the public.

C. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act.

List of Subjects in 18 CFR Part 1312

    Administrative practice and procedure, Historic Preservation, 
Indians--lands, Penalties, Public Lands, Reporting and recordkeeping 
requirements.

    For the reasons set out in the preamble, 18 CFR part 1312 is 
amended as follows:

PART 1312--PROTECTION OF ARCHAEOLOGICAL RESOURCES: UNIFORM 
REGULATIONS

0
1. The authority citation for Part 1312 is revised to read as follows:

    Authority: Pub. L. 96-95, 93 Stat. 721, as amended, 102 Stat. 
2983 (16 U.S.C. 470aa-mm) (Sec. 10(a) & (b)); 16 U.S.C. 831-831ee 
(2012). Related Authority: Pub. L. 59-209, 34 Stat. 225 (16 U.S.C. 
432, 433); Pub. L. 86-523, 74 Stat. 220, 221 (16 U.S.C. 469), as 
amended, 88 Stat. 174 (1974); Pub. L. 89-665, 80 Stat. 915 (16 
U.S.C. 470a-t), as amended, 84 Stat. 204 (1970), 87 Stat. 139 
(1973), 90 Stat. 1320 (1976), 92 Stat. 3467 (1978), 94 Stat. 2987 
(1980); Pub. L. 95-341, 92 Stat. 469 (42 U.S.C. 1996)


0
2. In Sec.  1312.1, a sentence is added at the end of paragraph (a) to 
read as follows:


Sec.  1312.1  Purpose.

    (a)* * *. The regulations in this part also enable TVA's law 
enforcement agents to issue petty offense citations for violations of 
any provision of 16 U.S.C. 470ee or 16 U.S.C. 433.
* * * * *

0
3. In Sec.  1312.2, paragraph (c) is added to read as follows:


Sec.  1312.2  Authority.

* * * * *
    (c) Provisions pertaining to the issuance of petty offense 
citations are based on the duties and powers assigned to TVA's law 
enforcement agents under 16 U.S.C. 831-831ee.

0
4. In Sec.  1312.3, paragraph (j) is added to read as follows:


Sec.  1312.3  Definitions.

* * * * *
    (j) Director means the Director of TVA Police and Emergency 
Management assigned the function and responsibility of supervising TVA 
employees designated as law enforcement agents under 16 U.S.C. 831c-
3(a).

0
5. Section 1312.22 is added to read as follows:


Sec.  1312.22  Issuance of citations for petty offenses.

    Any person who violates any provision contained in 16 U.S.C. 470ee 
or 16 U.S.C. 433 in the presence of a TVA law enforcement agent may be 
tried and sentenced in accordance with the provisions of section 3401 
of Title 18, United States Code. Law enforcement agents designated by 
the Director for that purpose shall have the authority to issue a petty 
offense citation for any such violation, requiring any person charged 
with the violation to appear before a United States Magistrate Judge 
within whose jurisdiction the archaeological resource impacted by the 
violation is located. The term ``petty offense'' has the same meaning 
given that term under section 19 of Title 18, United States Code.

    Dated: August 8, 2016.
Rebecca C. Tolene,
Deputy General Counsel and Vice President, Natural Resources.
[FR Doc. 2016-19343 Filed 8-15-16; 8:45 am]
BILLING CODE 8120-08-P