Notice of Public Meeting, Eastern Montana Resource Advisory Council Meeting, 36574-36575 [2015-15614]
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asabaliauskas on DSK5VPTVN1PROD with NOTICES
36574
Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices
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
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
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16:37 Jun 24, 2015
Jkt 235001
[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
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
subject to taxation by the Cowlitz Indian
Tribe.
Dated: June 17, 2015.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[FR Doc. 2015–15590 Filed 6–24–15; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLMTC 00900.L16100000.DP0000
MO#4500080556]
Notice of Public Meeting, Eastern
Montana Resource Advisory Council
Meeting
Bureau of Land Management,
Interior.
ACTION: Notice of public meeting.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act (FLPMA) and the Federal Advisory
Committee Act of 1972 (FACA), the U.S.
Department of the Interior, Bureau of
Land Management (BLM) Eastern
Montana Resource Advisory Council
(RAC) will meet as indicated below.
DATES: The Eastern Montana Resource
Advisory Council meeting will be held
on July 29, 2015 in Miles City, Montana.
When determined, the meeting place
will be announced in a news release.
The meeting will start at 1 p.m. and
adjourn at approximately 5:30 p.m.
FOR FURTHER INFORMATION CONTACT:
Mark Jacobsen, Public Affairs Specialist,
BLM Eastern Montana/Dakotas District,
111 Garryowen Road, Miles City,
Montana, 59301; (406) 233–2831;
mjacobse@blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–677–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The 15member council advises the Secretary of
the Interior through the BLM on a
variety of planning and management
issues associated with public land
management in eastern Montana. At this
meeting, topics will include: An Eastern
Montana/Dakotas District report, Billing
Field Office and Miles City Field Office
manager reports, Resource Management
Plan updates, a Pumpkin Creek
Subcommittee report, individual RAC
member reports and other issues the
council may raise. All meetings are
open to the public and the public may
SUMMARY:
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Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices
present written comments to the
council. Each formal RAC meeting will
have time allocated for hearing public
comments. Depending on the number of
persons wishing to comment and time
available, the time for individual oral
comments may be limited. Individuals
who plan to attend and need special
assistance, such as sign language
interpretation, tour transportation or
other reasonable accommodations
should contact the BLM as provided
above.
Authority: 43 CFR 1784.4–2
Diane M. Friez,
Eastern Montana/Dakotas District Manager.
[FR Doc. 2015–15614 Filed 6–24–15; 8:45 am]
DEPARTMENT OF THE INTERIOR
[NPS–WASO–NRNHL–18417;
PPWOCRADI0, PCU00RP14.R50000]
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Nominations for the following
properties being considered for listing
or related actions in the National
Register were received by the National
Park Service before May 23, 2015.
Pursuant to section 60.13 of 36 CFR part
60, written comments are being
accepted concerning the significance of
the nominated properties under the
National Register criteria for evaluation.
Comments may be forwarded by United
States Postal Service, to the National
Register of Historic Places, National
Park Service, 1849 C St. NW., MS 2280,
Washington, DC 20240; by all other
carriers, National Register of Historic
Places, National Park Service,1201 Eye
St. NW., 8th floor, Washington, DC
20005; or by fax, 202–371–6447. Written
or faxed comments should be submitted
by July 10, 2015. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Jkt 235001
Druid Hall, 2412 Ames Ave., Omaha,
15000393
Omaha Power Plant Building, 505 Marcy St.,
Omaha, 15000394
Hall County
Orange County
Anaheim Orange and Lemon Association
Packing House, 440 S. Anaheim Blvd.,
Anaheim, 15000379
Cypress Street Schoolhouse, (Latinos in 20th
Century California MPS) 544 N. Cypress
St., Orange, 15000380
Richardson County
KANSAS
Sedgwick County
Barnes, Oscar D. and Ida, House, (Residential
Resources of Wichita, Sedgwick County,
Kansas 1870–1957 MPS) 901 N. Broadway
Ave., Wichita, 15000383
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
Douglas County
Los Angeles County
Hollywood Western Building, The, 5500
Hollywood Blvd., Los Angeles, 15000378
Douglas County
Baldwin City School and Auditorium—
Gymnasium, (Public Schools of Kansas
MPS) 704 Chapel St., Baldwin City,
15000382
National Park Service
16:37 Jun 24, 2015
CALIFORNIA
Dickinson County
Smoky Hill Trail and Butterfield Overland
Despatch Segment, (Santa Fe Trail MPS)
522 Golf Course Rd., Chapman, 15000381
BILLING CODE 4310–DN–P
VerDate Sep<11>2014
Dated: May 29, 2015.
J. Paul Loether,
Chief, National Register of Historic Places/
National Historic Landmarks Program.
36575
Shawnee County
Church of the Assumption Historic District,
204, 212 SW. 8th Ave., 735 Jackson St.,
Topeka, 15000384
Mill Block Historic District, 101–129 N.
Kansas Ave., Topeka, 15000385
South Kansas Avenue Commercial Historic
District, Roughly bounded by 6th & 10th
Aves., SW. Jackson & SE. Quincy Sts.,
Topeka, 15000386
Sherman County
Grant School, (Public Schools of Kansas
MPS) 520 W. 12th St., Goodland, 15000387
Wyandotte County
Westheight Apartments Historic District,
1601–1637 Washington Blvd., Kansas City,
15000388
MASSACHUSETTS
Norfolk County
All Souls Church, 196 Elm St., Braintree,
15000389
Worcester County
Upton Center Historic District, Church, Main,
Milford, N. Main, Plain, Pleasant, School &
Warren Sts., Upton, 15000390
NEBRASKA
Adams County
Hastings Brewery Building and Bottling
Works, 219 W. 2nd St., Hastings, 15000391
Custer County
Finch Memorial Library, 205 N. Walnut St.,
Arnold, 15000392
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
Stuhr Museum of the Prairie Pioneer, 3133
US 34, Grand Island, 15000396
Clark, R.A., House, 805 Vine St., Stella,
15000395
OREGON
Deschutes County
Pilot Butte Canal Historic District, Roughly
bounded by Brightwater Dr., Cooley,
Overtree & Yeoman Rds., Bend, 15000397
PUERTO RICO
Toa Baja Municipality
Ermita Nuestra Senora de la Candelaria del
Plantaje, PR 866, Sabana Seca Ward, Toa
Baja, 15000398
UTAH
Salt Lake County
Furgis, George and Ellen, House, 2474 East
9th South Cir., Salt Lake City, 15000399
Salt Lake Country Club and Golf Course,
2375 South 900 East, Salt Lake City,
15000400
San Juan County
Carhart Pueblo, Address Restricted,
Monticello, 15000401
WISCONSIN
Dane County
University Hill Farms Historic District,
Roughly bounded by N. & S. Midvale
Blvd., Sheboygan Ave., N. & S. Whitney
Way, N. Rock & Mineral Point Rds.,
Madison, 15000402
Door County
LAKELAND (steam screw) Shipwreck, (Great
Lakes Shipwreck Sites of Wisconsin MPS)
6 mi. E. of Sturgeon Bay Canal, Sturgeon
Bay, 15000403
Jefferson County
Shekey, Albert and Mary, House, W7526
Koshkonong Mounds Rd., Koshkonong,
15000404
Milwaukee County
Range Line Road Bridge, Range Line Rd. over
Milwaukee R., River Hills, 15000405
A request for removal has been made
for the following resources:
KANSAS
Barton County
Hitschmann Cattle Underpass Bridge,
(Masonry Arch Bridges of Kansas TR) NE.
110 Ave. S. & NE. 190 Rd., Hitschmann,
08000298
Hitschmann Double Arch Bridge, (Masonry
Arch Bridges of Kansas TR) NE. 110 Ave.
S. & NE 190 Rd., Hitschmann, 08000299
E:\FR\FM\25JNN1.SGM
25JNN1
Agencies
[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Notices]
[Pages 36574-36575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15614]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLMTC 00900.L16100000.DP0000 MO#4500080556]
Notice of Public Meeting, Eastern Montana Resource Advisory
Council Meeting
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Federal Land Policy and Management Act
(FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S.
Department of the Interior, Bureau of Land Management (BLM) Eastern
Montana Resource Advisory Council (RAC) will meet as indicated below.
DATES: The Eastern Montana Resource Advisory Council meeting will be
held on July 29, 2015 in Miles City, Montana. When determined, the
meeting place will be announced in a news release. The meeting will
start at 1 p.m. and adjourn at approximately 5:30 p.m.
FOR FURTHER INFORMATION CONTACT: Mark Jacobsen, Public Affairs
Specialist, BLM Eastern Montana/Dakotas District, 111 Garryowen Road,
Miles City, Montana, 59301; (406) 233-2831; mjacobse@blm.gov. Persons
who use a telecommunications device for the deaf (TDD) may call the
Federal Information Relay Service (FIRS) at 1-800-677-8339 to contact
the above individual during normal business hours. The FIRS is
available 24 hours a day, 7 days a week to leave a message or question
with the above individual. You will receive a reply during normal
business hours.
SUPPLEMENTARY INFORMATION: The 15-member council advises the Secretary
of the Interior through the BLM on a variety of planning and management
issues associated with public land management in eastern Montana. At
this meeting, topics will include: An Eastern Montana/Dakotas District
report, Billing Field Office and Miles City Field Office manager
reports, Resource Management Plan updates, a Pumpkin Creek Subcommittee
report, individual RAC member reports and other issues the council may
raise. All meetings are open to the public and the public may
[[Page 36575]]
present written comments to the council. Each formal RAC meeting will
have time allocated for hearing public comments. Depending on the
number of persons wishing to comment and time available, the time for
individual oral comments may be limited. Individuals who plan to attend
and need special assistance, such as sign language interpretation, tour
transportation or other reasonable accommodations should contact the
BLM as provided above.
Authority: 43 CFR 1784.4-2
Diane M. Friez,
Eastern Montana/Dakotas District Manager.
[FR Doc. 2015-15614 Filed 6-24-15; 8:45 am]
BILLING CODE 4310-DN-P