HEARTH Act Approval of Federated Indians of Graton Rancheria Leasing Regulations, 36555-36556 [2015-15594]

Download as PDF Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices II. Background To help us carry out our conservation responsibilities for affected species, and in consideration of section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), along with Executive Order 13576, ‘‘Delivering an Efficient, Effective, and Accountable Government,’’ and the President’s Memorandum for the Heads of Executive Departments and Agencies of January 21, 2009—Transparency and Open Government (74 FR 4685; January 26, 2009), which call on all Federal agencies to promote openness and transparency in Government by disclosing information to the public, we invite public comment on these permit applications before final action is taken. III. Permit Applications Endangered Species Applicant: Point Defiance Zoo & Aquarium, Tacoma, WA; PRT–789828 The applicant requests a captive-bred wildlife registration under 50 CFR 17.21(g) for the following species to enhance species propagation or survival: Fishing cat (Prionailurus viverrinus), clouded leopard (Neofelis nebulosi), tiger (Panthera tigris), Barbary serval (Leptailurus serval constantina), Parma wallaby (Macropus parma), Asian elephant (Elephas maximus), siamang (Symphalangus syndactylus), anoa (Bubalus depressicornis), radiated tortoise (Astrochelys radiata), Malayan tapir (Tapirus indicus). This notification covers activities to be conducted by the applicant over a 5-year period. Applicant: James Madison University, Harrisonburg, VA; PRT–68971B The applicant requests a permit to import Verreaux’s sifaka (Propithecus verreauxi) ear notch and hair samples from Beza Majafaly Special Reserve, Betoiky Sud, Madadgascar for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a 5year period. asabaliauskas on DSK5VPTVN1PROD with NOTICES Applicant: University of New Mexico, Albuquerque, NM; PRT–62228B The applicant requests a permit to import chimpanzee (Pan troglodytes) and African elephant (Loxodonta africana) powdered tooth enamel from Makerere University Biological Field Station, Kabarole District, Uganda for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a 5year period. VerDate Sep<11>2014 16:37 Jun 24, 2015 Jkt 235001 Applicant: Zoological Society of San Diego, Escondido, CA; PRT–62693B The applicant requests a permit to export one male and one female Mauritius pink pigeon (Nesoenas mayeri) to the United Kingdom for the purpose of enhancement of the survival of the species. This notification covers activities to be conducted by the applicant over a 5-year period. Applicant: University of Pennsylvania/ School of Veterinary Medicine, Philadelphia, PA; PRT–64252B The applicant requests a permit to import biological samples from Asian elephants (Elephas maximus) from Melbourne Zoo, Victoria, Australia for the purpose of scientific research. Applicant: Exotic Feline Breeding Compound Inc., Rosamond, CA; PRT– 61389B The applicant requests a permit to import one captive-bred female, snow leopard (Uncia uncia) for the purpose of enhancement of the survival of the species. This notification covers activities to be conducted by the applicant over a 1-year period. Applicant: Kingsley Rodrigo, Chandler, AZ; PRT–53974B The applicant requests a captive-bred wildlife registration under 50 CFR 17.21(g) for the following species to enhance species propagation or survival: Galapagos tortoise (Chelonoidis nigra), radiated tortoise (Astrochelys radiate), bolson tortoise (Gopherus flavomarginatus), aquatic box turtle (Terrapene coahuila), yellowspot river turtle (Podocnemis unifilis), and spotted pond turtle (Geoclemys hamiltonii). This notification covers activities to be conducted by the applicant over a 5- year period. Multiple Applicants The following applicants each request a permit to import a sport-hunted trophy of two male bontebok (Damaliscus pygargus pygargus) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Applicant: Richard Rose, Houston, TX; PRT–60101B Applicant: Jason Bryan, Cumming, GA; PRT–60258B Multiple Applicants The following applicants each request a permit to import the sport-hunted trophy of one male bontebok (Damaliscus pygargus pygargus) culled PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 36555 from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Applicant: Keith Busse, FT. Wayne, IN; PRT–67118B Applicant: Temple Varner, Victor, MT; PRT–66736B Applicant: Denise Alden, College Station, TX; PRT–64583B Applicant: Robert Kielwasser, Dallas, Texas; PRT–68348B Brenda Tapia, Program Analyst/Data Administrator, Branch of Permits, Division of Management Authority. [FR Doc. 2015–15577 Filed 6–24–15; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [156A2100DD/AAKC001030/ A0A501010.999900 253G] HEARTH Act Approval of Federated Indians of Graton Rancheria Leasing Regulations Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: On February 1, 2013, the Bureau of Indian Affairs (BIA) approved the Federated Indians of Graton Rancheria leasing regulations under the HEARTH Act. With this approval, the Tribe is authorized to enter into the following type of leases without BIA approval: Business leases. FOR FURTHER INFORMATION CONTACT: Ms. Cynthia Morales, Office of Trust Services—Division of Realty, Bureau of Indian Affairs; Telephone (202) 768– 4166; Email: cynthia.morales@bia.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Summary of the HEARTH Act The HEARTH (Helping Expedite and Advance Responsible Tribal Homeownership) Act of 2012 (the Act) makes a voluntary, alternative land leasing process available to tribes, by amending the Indian Long-Term Leasing Act of 1955, 25 U.S.C. 415. The Act authorizes tribes to negotiate and enter into agricultural and business leases of tribal trust lands with a primary term of 25 years, and up to two renewal terms of 25 years each, without the approval of the Secretary of the Interior. The Act also authorizes tribes to enter into leases for residential, recreational, religious or E:\FR\FM\25JNN1.SGM 25JNN1 36556 Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES educational purposes for a primary term of up to 75 years without the approval of the Secretary. Participating tribes develop tribal leasing regulations, including an environmental review process, and then must obtain the Secretary’s approval of those regulations prior to entering into leases. The Act requires the Secretary to approve tribal regulations if the tribal regulations are consistent with the Department’s leasing regulations at 25 CFR part 162 and provide for an environmental review process that meets requirements set forth in the Act. This notice announces that the Secretary, through the Assistant Secretary—Indian Affairs, has approved the tribal regulations for the Federated Indians of Graton Rancheria. II. Federal Preemption of State and Local Taxes The Department’s regulations governing the surface leasing of trust and restricted Indian lands specify that, subject to applicable Federal law, permanent improvements on leased land, leasehold or possessory interests, and activities under the lease are not subject to State and local taxation and may be subject to taxation by the Indian tribe with jurisdiction. See 25 CFR 162.017. As explained further in the preamble to the final regulations, the Federal government has a strong interest in promoting economic development, self-determination, and tribal sovereignty. 77 FR 72,440, 72447–48 (December 5, 2012). The principles supporting the Federal preemption of State law in the field of Indian leasing and the taxation of lease-related interests and activities applies with equal force to leases entered into under tribal leasing regulations approved by the Federal government pursuant to the HEARTH Act. Section 5 of the Indian Reorganization Act, 25 U.S.C. 465, preempts State and local taxation of permanent improvements on trust land. Confederated Tribes of the Chehalis Reservation v. Thurston County, 724 F.3d 1153, 1157 (9th Cir. 2013) (citing Mescalero Apache Tribe v. Jones, 411 U.S. 145 (1973)). In addition, as explained in the preamble to the revised leasing regulations at 25 CFR part 162, Federal courts have applied a balancing test to determine whether State and local taxation of non-Indians on the reservation is preempted. White Mountain Apache Tribe v. Bracker, 448 U.S. 136, 143 (1980). The Bracker balancing test, which is conducted against a backdrop of ‘‘traditional notions of Indian self-government,’’ requires a particularized examination of the relevant State, Federal, and tribal VerDate Sep<11>2014 16:37 Jun 24, 2015 Jkt 235001 interests. We hereby adopt the Bracker analysis from the preamble to the surface leasing regulations, 77 FR at 72,447–48, as supplemented by the analysis below. The strong Federal and tribal interests against State and local taxation of improvements, leaseholds, and activities on land leased under the Department’s leasing regulations apply equally to improvements, leaseholds, and activities on land leased pursuant to tribal leasing regulations approved under the HEARTH Act. Congress’s overarching intent was to ‘‘allow tribes to exercise greater control over their own land, support self-determination, and eliminate bureaucratic delays that stand in the way of homeownership and economic development in tribal communities.’’ 158 Cong. Rec. H. 2682 (May 15, 2012). The HEARTH Act was intended to afford tribes ‘‘flexibility to adapt lease terms to suit [their] business and cultural needs’’ and to ‘‘enable [tribes] to approve leases quickly and efficiently.’’ Id. at 5–6. Assessment of State and local taxes would obstruct these express Federal policies supporting tribal economic development and self-determination, and also threaten substantial tribal interests in effective tribal government, economic self-sufficiency, and territorial autonomy. See Michigan v. Bay Mills Indian Community, 134 S. Ct. 2024, 2043 (2014) (Sotomayor, J., concurring) (determining that ‘‘[a] key goal of the Federal Government is to render Tribes more self-sufficient, and better positioned to fund their own sovereign functions, rather than relying on Federal funding’’). The additional costs of State and local taxation have a chilling effect on potential lessees, as well as on a tribe that, as a result, might refrain from exercising its own sovereign right to impose a tribal tax to support its infrastructure needs. See id. at 2043–44 (finding that State and local taxes greatly discourage tribes from raising tax revenue from the same sources because the imposition of double taxation would impede tribal economic growth). Just like BIA’s surface leasing regulations, tribal regulations under the HEARTH Act pervasively cover all aspects of leasing. See Guidance for the Approval of Tribal Leasing Regulations under the HEARTH Act, NPM–TRUS– 29 (effective Jan. 16, 2013) (providing guidance on Federal review process to ensure consistency of proposed tribal regulations with Part 162 regulations and listing required tribal regulatory provisions). Furthermore, the Federal government remains involved in the tribal land leasing process by approving the tribal leasing regulations in the first PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 instance and providing technical assistance, upon request by a tribe, for the development of an environmental review process. The Secretary also retains authority to take any necessary actions to remedy violations of a lease or of the tribal regulations, including terminating the lease or rescinding approval of the tribal regulations and reassuming lease approval responsibilities. Moreover, the Secretary continues to review, approve, and monitor individual Indian land leases and other types of leases not covered under the tribal regulations according to the Part 162 regulations. Accordingly, the Federal and tribal interests weigh heavily in favor of preemption of State and local taxes on lease-related activities and interests, regardless of whether the lease is governed by tribal leasing regulations or Part 162. Improvements, activities, and leasehold or possessory interests may be subject to taxation by the Federated Indians of Graton Rancheria. Dated: June 17, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs. [FR Doc. 2015–15594 Filed 6–24–15; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [156A2100DD/AAKC001030/ A0A501010.999900 253G] HEARTH Act Approval of Mohegan Tribe of Indians of Connecticut Regulations Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: On April 8, 2014, the Bureau of Indian Affairs (BIA) approved the Mohegan Tribe of Indians of Connecticut leasing regulations under the HEARTH Act. With this approval, the Tribe is authorized to enter into the following type of leases without BIA approval: Business leases. FOR FURTHER INFORMATION CONTACT: Ms. Cynthia Morales, Office of Trust Services—Division of Realty, Bureau of Indian Affairs; Telephone (202) 768– 4166; Email: cynthia.morales@bia.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Summary of the HEARTH Act The HEARTH (Helping Expedite and Advance Responsible Tribal Homeownership) Act of 2012 (the Act) makes a voluntary, alternative land leasing process available to tribes, by E:\FR\FM\25JNN1.SGM 25JNN1

Agencies

[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Notices]
[Pages 36555-36556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15594]


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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[156A2100DD/AAKC001030/A0A501010.999900 253G]


HEARTH Act Approval of Federated Indians of Graton Rancheria 
Leasing Regulations

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: On February 1, 2013, the Bureau of Indian Affairs (BIA) 
approved the Federated Indians of Graton Rancheria leasing regulations 
under the HEARTH Act. With this approval, the Tribe is authorized to 
enter into the following type of leases without BIA approval: Business 
leases.

FOR FURTHER INFORMATION CONTACT: Ms. Cynthia Morales, Office of Trust 
Services--Division of Realty, Bureau of Indian Affairs; Telephone (202) 
768-4166; Email: cynthia.morales@bia.gov.

SUPPLEMENTARY INFORMATION: 

I. Summary of the HEARTH Act

    The HEARTH (Helping Expedite and Advance Responsible Tribal 
Homeownership) Act of 2012 (the Act) makes a voluntary, alternative 
land leasing process available to tribes, by amending the Indian Long-
Term Leasing Act of 1955, 25 U.S.C. 415. The Act authorizes tribes to 
negotiate and enter into agricultural and business leases of tribal 
trust lands with a primary term of 25 years, and up to two renewal 
terms of 25 years each, without the approval of the Secretary of the 
Interior. The Act also authorizes tribes to enter into leases for 
residential, recreational, religious or

[[Page 36556]]

educational purposes for a primary term of up to 75 years without the 
approval of the Secretary. Participating tribes develop tribal leasing 
regulations, including an environmental review process, and then must 
obtain the Secretary's approval of those regulations prior to entering 
into leases. The Act requires the Secretary to approve tribal 
regulations if the tribal regulations are consistent with the 
Department's leasing regulations at 25 CFR part 162 and provide for an 
environmental review process that meets requirements set forth in the 
Act. This notice announces that the Secretary, through the Assistant 
Secretary--Indian Affairs, has approved the tribal regulations for the 
Federated Indians of Graton Rancheria.

II. Federal Preemption of State and Local Taxes

    The Department's regulations governing the surface leasing of trust 
and restricted Indian lands specify that, subject to applicable Federal 
law, permanent improvements on leased land, leasehold or possessory 
interests, and activities under the lease are not subject to State and 
local taxation and may be subject to taxation by the Indian tribe with 
jurisdiction. See 25 CFR 162.017. As explained further in the preamble 
to the final regulations, the Federal government has a strong interest 
in promoting economic development, self-determination, and tribal 
sovereignty. 77 FR 72,440, 72447-48 (December 5, 2012). The principles 
supporting the Federal preemption of State law in the field of Indian 
leasing and the taxation of lease-related interests and activities 
applies with equal force to leases entered into under tribal leasing 
regulations approved by the Federal government pursuant to the HEARTH 
Act.
    Section 5 of the Indian Reorganization Act, 25 U.S.C. 465, preempts 
State and local taxation of permanent improvements on trust land. 
Confederated Tribes of the Chehalis Reservation v. Thurston County, 724 
F.3d 1153, 1157 (9th Cir. 2013) (citing Mescalero Apache Tribe v. 
Jones, 411 U.S. 145 (1973)). In addition, as explained in the preamble 
to the revised leasing regulations at 25 CFR part 162, Federal courts 
have applied a balancing test to determine whether State and local 
taxation of non-Indians on the reservation is preempted. White Mountain 
Apache Tribe v. Bracker, 448 U.S. 136, 143 (1980). The Bracker 
balancing test, which is conducted against a backdrop of ``traditional 
notions of Indian self-government,'' requires a particularized 
examination of the relevant State, Federal, and tribal interests. We 
hereby adopt the Bracker analysis from the preamble to the surface 
leasing regulations, 77 FR at 72,447-48, as supplemented by the 
analysis below.
    The strong Federal and tribal interests against State and local 
taxation of improvements, leaseholds, and activities on land leased 
under the Department's leasing regulations apply equally to 
improvements, leaseholds, and activities on land leased pursuant to 
tribal leasing regulations approved under the HEARTH Act. Congress's 
overarching intent was to ``allow tribes to exercise greater control 
over their own land, support self-determination, and eliminate 
bureaucratic delays that stand in the way of homeownership and economic 
development in tribal communities.'' 158 Cong. Rec. H. 2682 (May 15, 
2012). The HEARTH Act was intended to afford tribes ``flexibility to 
adapt lease terms to suit [their] business and cultural needs'' and to 
``enable [tribes] to approve leases quickly and efficiently.'' Id. at 
5-6.
    Assessment of State and local taxes would obstruct these express 
Federal policies supporting tribal economic development and self-
determination, and also threaten substantial tribal interests in 
effective tribal government, economic self-sufficiency, and territorial 
autonomy. See Michigan v. Bay Mills Indian Community, 134 S. Ct. 2024, 
2043 (2014) (Sotomayor, J., concurring) (determining that ``[a] key 
goal of the Federal Government is to render Tribes more self-
sufficient, and better positioned to fund their own sovereign 
functions, rather than relying on Federal funding''). The additional 
costs of State and local taxation have a chilling effect on potential 
lessees, as well as on a tribe that, as a result, might refrain from 
exercising its own sovereign right to impose a tribal tax to support 
its infrastructure needs. See id. at 2043-44 (finding that State and 
local taxes greatly discourage tribes from raising tax revenue from the 
same sources because the imposition of double taxation would impede 
tribal economic growth).
    Just like BIA's surface leasing regulations, tribal regulations 
under the HEARTH Act pervasively cover all aspects of leasing. See 
Guidance for the Approval of Tribal Leasing Regulations under the 
HEARTH Act, NPM-TRUS-29 (effective Jan. 16, 2013) (providing guidance 
on Federal review process to ensure consistency of proposed tribal 
regulations with Part 162 regulations and listing required tribal 
regulatory provisions). Furthermore, the Federal government remains 
involved in the tribal land leasing process by approving the tribal 
leasing regulations in the first instance and providing technical 
assistance, upon request by a tribe, for the development of an 
environmental review process. The Secretary also retains authority to 
take any necessary actions to remedy violations of a lease or of the 
tribal regulations, including terminating the lease or rescinding 
approval of the tribal regulations and reassuming lease approval 
responsibilities. Moreover, the Secretary continues to review, approve, 
and monitor individual Indian land leases and other types of leases not 
covered under the tribal regulations according to the Part 162 
regulations.
    Accordingly, the Federal and tribal interests weigh heavily in 
favor of preemption of State and local taxes on lease-related 
activities and interests, regardless of whether the lease is governed 
by tribal leasing regulations or Part 162. Improvements, activities, 
and leasehold or possessory interests may be subject to taxation by the 
Federated Indians of Graton Rancheria.

    Dated: June 17, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2015-15594 Filed 6-24-15; 8:45 am]
 BILLING CODE 4337-15-P