Notice of Public Meeting, Idaho Falls District Resource Advisory Council Meeting, 51837-51838 [2015-21099]

Download as PDF rmajette on DSK7SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices 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 72447–48, 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 VerDate Sep<11>2014 14:29 Aug 25, 2015 Jkt 235001 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 Makah Indian Tribe of the Makah Indian Reservation. We note that the Makah Indian Reservation possesses a fractionated lands problem, but through the Land Buy Back Program authorized by Congress, fractional interests in trust land equivalent to approximately 64 acres of land have been repurchased and restored to the Makah Indian Tribe. The Land Buy Back Program represents a Federal policy initiative to restore tribal homelands. It is Federal policy to support tribal sovereignty and selfgovernment to the maximum extent possible on tribal trust lands. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 51837 Dated: August 18, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs. [FR Doc. 2015–20888 Filed 8–24–15; 4:15 pm] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [15 XL LLIDI00000–L11200000–PH0000 241 A 4500075502] Notice of Public Meeting, Idaho Falls District Resource Advisory Council Meeting Bureau of Land Management, Interior. ACTION: Notice of public meetings. 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) Idaho Falls District Resource Advisory Council (RAC), will meet as indicated below. DATES: The Idaho Falls District RAC will meet in Challis, Idaho, September 22– 23, 2015, for a two-day meeting at the Challis Field Office, 1151 Blue Mountain Road, Challis, Idaho 83226. The first day will begin at 10:00 a.m. and adjourn at 4:30 p.m. The second day will begin at 8:00 a.m. and adjourn at 2:30 p.m. Members of the public are invited to attend. A comment period will be held following the introductions from 10:00–10:30 a.m. All meetings are open to the public. SUPPLEMENTARY INFORMATION: The 15member Council advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of planning and management issues associated with public land management in the BLM Idaho Falls District (IFD), which covers eastern Idaho. Items on the agenda include an overview and tour of the new wilderness area. The Recreation RAC will convene at approximately 11:15 a.m. to discuss the Caribou-Targhee National Forest proposal to increase Christmas tree permits to $15.00, and the Salmon Challis National Forest’s proposal to begin using the Copper Basin Guard Station (located approximately 35 miles from Mackay, Idaho) as a rental cabin. Following the morning part of the meeting, the group will discuss several riparian projects the Challis Field Office is undertaking to improve fish habitat and learn more about permitting Special Recreational Permits (SRPs) in Wilderness Study Areas (WSAs). The SUMMARY: E:\FR\FM\26AUN1.SGM 26AUN1 51838 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices second day RAC members will meet briefly at the office at 8:00 to begin a tour of the new wilderness area and several of the released WSAs to gain a better understanding of the affects it will have on BLM-managed lands. All meetings are open to the public. The public may present written comments to the Council. Each formal Council meeting will also 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 below. FOR FURTHER INFORMATION CONTACT: Sarah Wheeler, RAC Coordinator, Idaho Falls District, 1405 Hollipark Dr., Idaho Falls, ID 83401. Telephone: (208) 524– 7550. Email: sawheeler@blm.gov. Dated: August 18, 2015. Sarah Wheeler, Idaho Falls District Resource Advisory Coordinator. [FR Doc. 2015–21099 Filed 8–25–15; 8:45 am] BILLING CODE 4310–GG–P DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement [Docket ID BSEE–2015–0009; OMB Control Number 1014–0007; 15XE1700DX EEEE500000 EX1SF0000.DAQ000] Information Collection Activities: OilSpill Response Requirements for Facilities Located Seaward of the Coast Line; Submitted for Office of Management and Budget (OMB) Review; Comment Request ACTION: 30-day notice. To comply with the Paperwork Reduction Act of 1995 (PRA), the Bureau of Safety and Environmental Enforcement (BSEE) is notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under Oil-Spill Response Requirements for Facilities Located Seaward of the Coast Line. This notice also provides the public a second opportunity to comment on the revised paperwork burden of these regulatory requirements. rmajette on DSK7SPTVN1PROD with NOTICES SUMMARY: You must submit comments by September 25, 2015. DATES: VerDate Sep<11>2014 14:29 Aug 25, 2015 Jkt 235001 Submit comments by either fax (202) 395–5806 or email (OIRA_ Submission@omb.eop.gov) directly to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for the Department of the Interior (1014– 0007). Please provide a copy of your comments to BSEE by any of the means below. • Electronically go to https:// www.regulations.gov. In the Search box, enter BSEE–2015–0009 then click search. Follow the instructions to submit public comments and view all related materials. We will post all comments. • Email cheryl.blundon@bsee.gov, fax (703) 787–1546, or mail or hand-carry comments to the Department of the Interior; Bureau of Safety and Environmental Enforcement; Regulations and Standards Branch; ATTN: Cheryl Blundon; 45600 Woodland Road, Sterling, VA 20166. Please reference ICR 1014–0007 in your comment and include your name and return address. FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and Standards Branch, (703) 787–1607, to request additional information about this ICR. To see a copy of the entire ICR submitted to OMB, go to https:// www.reginfo.gov (select Information Collection Review, Currently Under Review). SUPPLEMENTARY INFORMATION: Title: 30 CFR 254, Oil-Spill Response Requirements for Facilities Located Seaward of the Coast Line. OMB Control Number: 1014–0007. Abstract: Section 2(b)(3) of E.O. 12777 delegated to the Secretary of the Interior (Secretary) those responsibilities under section 311(j)(1)(C) of the Federal Water Pollution Control Act (FWPCA) (October 18, 1991; 56 FR 54757), requiring the Secretary to establish procedures, methods, and requirements for equipment to prevent and contain discharges of oil and hazardous substances from offshore facilities, including associated pipelines. Under section 2(d)(3) of E.O. 12777, section 311(j)(5) of FWPCA, and section 4202(b)(4) of OPA, the Secretary is required to issue regulations requiring the owners or operators of offshore facilities, including associated pipelines, to prepare and submit response plans that ensure the availability of private spill-response personnel and equipment and to permit the operation of offshore facilities, including associated pipelines, without approved response plans if certain conditions are met. Under section 2(e)(3) of E.O. 12777 and section ADDRESSES: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 311(j)(6)(A) of FWPCA, the Secretary must require periodic inspections of containment booms and equipment used to remove discharges at offshore facilities, including associated pipelines. The Secretary has redelegated these responsibilities to the Director, BSEE. The FWPCA, as amended by the Oil Pollution Act of 1990 (OPA), requires that a spill-response plan be submitted for offshore facilities prior to February 18, 1993. The OPA specifies that after that date, an offshore facility may not handle, store, or transport oil unless a plan has been submitted. Regulations at 30 CFR 254 establish requirements for spill-response plans for oil-handling facilities seaward of the coast line, including associated pipelines. In addition, BSEE also issues various Notices to Lessees (NTLs) and Operators to clarify and provide additional guidance on some aspects of the regulations, as well as forms to capture the data and information. Regulations implementing these responsibilities are among those delegated to BSEE. Responses are mandatory or are required to obtain or retain a benefit. No questions of a sensitive nature are asked. BSEE protects information considered proprietary under the Freedom of Information Act (5 U.S.C. 552) and DOI’s implementing regulations (43 CFR 2), and under regulations at 30 CFR part 250.197, Data and information to be made available to the public or for limited inspection, 30 CFR part 252, OCS Oil and Gas Information Program. BSEE uses the information collected under 30 CFR 254 to determine compliance with OPA by lessees/ operators. Specifically, BSEE needs the information to: • Determine that lessees/operators have an adequate plan and are sufficiently prepared to implement a quick and effective response to a discharge of oil from their facilities or operations. • Review plans prepared under the regulations of a State and submitted to BSEE to satisfy the requirements in 30 CFR 254 to ensure that they meet minimum requirements of OPA. • Verify that personnel involved in oil-spill response are properly trained and familiar with the requirements of the spill-response plans and to lead and witness spill-response exercises. • Assess the sufficiency and availability of contractor equipment and materials. • Verify that sufficient quantities of equipment are available and in working order. E:\FR\FM\26AUN1.SGM 26AUN1

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[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Notices]
[Pages 51837-51838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21099]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[15 XL LLIDI00000-L11200000-PH0000 241 A 4500075502]


Notice of Public Meeting, Idaho Falls District Resource Advisory 
Council Meeting

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of public meetings.

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

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) Idaho Falls 
District Resource Advisory Council (RAC), will meet as indicated below.

DATES: The Idaho Falls District RAC will meet in Challis, Idaho, 
September 22-23, 2015, for a two-day meeting at the Challis Field 
Office, 1151 Blue Mountain Road, Challis, Idaho 83226. The first day 
will begin at 10:00 a.m. and adjourn at 4:30 p.m. The second day will 
begin at 8:00 a.m. and adjourn at 2:30 p.m. Members of the public are 
invited to attend. A comment period will be held following the 
introductions from 10:00-10:30 a.m. All meetings are open to the 
public.

SUPPLEMENTARY INFORMATION: The 15-member Council advises the Secretary 
of the Interior, through the Bureau of Land Management, on a variety of 
planning and management issues associated with public land management 
in the BLM Idaho Falls District (IFD), which covers eastern Idaho. 
Items on the agenda include an overview and tour of the new wilderness 
area.
    The Recreation RAC will convene at approximately 11:15 a.m. to 
discuss the Caribou-Targhee National Forest proposal to increase 
Christmas tree permits to $15.00, and the Salmon Challis National 
Forest's proposal to begin using the Copper Basin Guard Station 
(located approximately 35 miles from Mackay, Idaho) as a rental cabin. 
Following the morning part of the meeting, the group will discuss 
several riparian projects the Challis Field Office is undertaking to 
improve fish habitat and learn more about permitting Special 
Recreational Permits (SRPs) in Wilderness Study Areas (WSAs). The

[[Page 51838]]

second day RAC members will meet briefly at the office at 8:00 to begin 
a tour of the new wilderness area and several of the released WSAs to 
gain a better understanding of the affects it will have on BLM-managed 
lands.
    All meetings are open to the public. The public may present written 
comments to the Council. Each formal Council meeting will also 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 below.

FOR FURTHER INFORMATION CONTACT: Sarah Wheeler, RAC Coordinator, Idaho 
Falls District, 1405 Hollipark Dr., Idaho Falls, ID 83401. Telephone: 
(208) 524-7550. Email: sawheeler@blm.gov.

    Dated: August 18, 2015.
Sarah Wheeler,
Idaho Falls District Resource Advisory Coordinator.
[FR Doc. 2015-21099 Filed 8-25-15; 8:45 am]
BILLING CODE 4310-GG-P
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