Navajo Nation Trust Leasing Act of 2000 Approval of Navajo Nation Regulations, 69692-69693 [2015-28476]
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Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices
Send comments to Summer King,
SAMHSA Reports Clearance Officer,
Room 2–1057, One Choke Cherry Road,
Rockville, MD 20857 or email her a
copy at summer.king@samhsa.hhs.gov.
Written comments should be received
by January 11, 2016.
Summer King,
Statistician.
[FR Doc. 2015–28558 Filed 11–9–15; 8:45 am]
BILLING CODE 4162–20–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[156A2100DD/AAKC001030/
A0A501010.999900 253G]
Navajo Nation Trust Leasing Act of
2000 Approval of Navajo Nation
Regulations
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
On May 16, 2014, the Bureau
of Indian Affairs (BIA) approved the
Navajo Nation General Leasing
Regulations under the Navajo Nation
Trust Leasing Act of 2000. With this
approval, the Tribe is authorized to
enter into leases without BIA approval.
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:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
I. Summary of the Navajo Nation Trust
Leasing Act of 2000
The Navajo Nation Trust Leasing Act
authorizes the Nation to issue leases for
purposes authorized under 25 U.S.C.
415(a) without the approval of the
Secretary, provided the lease is
executed under tribal regulations
approved by the Secretary. Congress
enacted the Leasing Act in 2000, to
‘‘establish a streamlined process for the
Navajo Nation to lease trust lands
without having the approval of the
Secretary of the Interior for individual
leases,’’ and ‘‘[t]o maintain, strengthen,
and protect the Navajo Nation’s leasing
power over Navajo trust lands.’’ Public
Law 106–568 § 1202, 114 Stat. 2933
(Dec. 27, 2000). See also S. Rpt. 106–511
(Oct. 31, 2000). The Navajo Nation Trust
Leasing 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.
VerDate Sep<11>2014
19:41 Nov 09, 2015
Jkt 238001
This notice announces that the
Secretary, through the Assistant
Secretary—Indian Affairs, has approved
the tribal regulations for the Navajo
Nation.
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, 72,447–48
(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
Navajo Nation Trust Leasing 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 Navajo Nation Trust Leasing
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
Act. The Navajo Nation Trust Leasing
Act was intended to ‘‘revitalize the
distressed Navajo Reservation by
promoting political self-determination,
and encouraging economic selfsufficiency, including economic
development that increases productivity
and the standard of living for members
of the Navajo Nation.’’ Public Law 106–
568 § 1202, 114 Stat. 2933 (Dec. 27,
2000). Moreover, the Navajo Nation
Trust Leasing Act was the model for the
HEARTH (Helping Expedite and
Advance Responsible Tribal
Homeownership) Act of 2012, for which
Congress’s overarching intent was to
‘‘allow tribes to exercise greater control
over their own land, support selfdetermination, 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).
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
Navajo Nation Trust Leasing Act
pervasively cover all aspects of leasing.
Furthermore, the Federal government
remains involved in the tribal land
leasing process by approving the tribal
leasing regulations in the first instance.
The Secretary also retains authority to
take ‘‘all appropriate actions . . . in
furtherance of the trust obligation of the
United States to the Navajo Nation’’ and
necessary actions remedy violations of
tribal regulations, including cancelling
the lease or rescinding approval of the
tribal regulations and reassuming lease
approval responsibilities. 25 U.S.C.
415(e). Moreover, the Secretary
continues to review, approve, and
E:\FR\FM\10NON1.SGM
10NON1
Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices
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 Navajo Nation.
Dated: November 2, 2015.
Kevin K. Washburn,
Assistant Secretary, Indian Affairs.
[FR Doc. 2015–28476 Filed 11–9–15; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
DEPARTMENT OF ENERGY
Western Area Power Administration
[LLNM930000 L51010000.ER0000
LVRWG14G0790 14XL5017AP]
Notice of Availability of the Southline
Transmission Line Project Final
Environmental Impact Statement (DOE/
EIS–0474), New Mexico and Arizona
Bureau of Land Management,
Interior; Western Area Power
Administration, DOE.
ACTION: Notice of availability.
AGENCY:
In accordance with the
National Environmental Policy Act of
1969 (NEPA), as amended, and the
Federal Land Policy and Management
Act of 1976 (FLPMA), as amended, the
Bureau of Land Management (BLM) and
the Western Area Power Administration
(Western) have prepared a Final
Environmental Impact Statement (EIS)
for the proposed Southline
Transmission Line Project (Project), and
by this notice are announcing its
availability.
DATES: Neither the BLM nor Western
will issue a final decision on the
proposed Project for a minimum of 30
days after the date that the
Environmental Protection Agency
publishes its Notice of Availability in
the Federal Register.
ADDRESSES: Copies of the Southline
Transmission Line Project Final EIS
have been sent to affected Federal, State,
and local government agencies as well
as to other stakeholders. Copies of the
Final EIS are available for public
inspection at the BLM Las Cruces
District Office, 1800 Marquess Street,
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:41 Nov 09, 2015
Jkt 238001
Las Cruces, New Mexico 88005; the
BLM New Mexico State Office, 301
Dinosaur Trail, Santa Fe, New Mexico
87508; the BLM Arizona State Office,
One North Central Avenue, Suite 800,
Phoenix, Arizona 85004; the BLM
Safford Field Office, 711 14th Avenue,
Safford, Arizona 85546; and the BLM
Tucson Field Office, 3201 East
Universal Way, Tucson, Arizona 85756.
The Final EIS and supporting
documents are available electronically
on the Project Web site at: https://
www.blm.gov/nm/southline.
FOR FURTHER INFORMATION CONTACT:
Mark Mackiewicz, PMP, BLM Senior
National Project Manager; telephone
(435) 636–3616; email: mmackiew@
blm.gov. For information about
Western’s involvement, contact Mark
Wieringa, Western NEPA Document
Manager; telephone (720) 962–7448;
email: wieringa@wapa.gov. For general
information on the Department of
Energy’s (DOE) NEPA review
procedures or on the status of a NEPA
review, contact Carol M. Borgstrom,
Director of NEPA Policy and
Compliance, GC–54, U.S. Department of
Energy, 1000 Independence Avenue
SW., Washington, DC 20585–0119,
telephone (202) 586–4600 or toll free at
(800) 472–2756, fax (202) 586–7031,
email askNEPA@hq.doe.gov.
Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at (800) 877–8339
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: Southline
Transmission, LLC (Southline), the
proponent, has filed a right-of-way
(ROW) application with the BLM
pursuant to Title V of FLPMA,
proposing to construct, operate,
maintain, and eventually decommission
a high-voltage, alternating current
electric transmission line. The BLM and
Western agreed to be joint lead agencies
in accordance with 40 CFR 1501.5(b).
Western is a power-marketing agency
within the DOE and is also a participant
in the proposed Project with Southline.
The proposed Project would consist of
two sections. The first section would
entail construction of approximately
240 miles of new double-circuit 345kilovolt (kV) transmission line in a 200foot ROW between the Afton Substation,
south of Las Cruces, New Mexico, and
Apache Substation, south of Willcox,
Arizona (Afton-Apache or New Build
Section). The second section would
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
69693
entail the upgrade of approximately 120
miles of Western’s existing SaguaroTucson and Tucson-Apache 115-kV
transmission line in a 100-foot existing
ROW to a double-circuit 230-kV
transmission line in a 100 to 150-foot
ROW (Apache-Saguaro or Upgrade
Section). The Upgrade Section would
originate at the Apache Substation and
terminate at the Saguaro Substation
northwest of Tucson, Arizona. Both new
permanent ROWs and temporary
construction ROWs would be required
in the New Build Section and in some
portions of the Upgrade Section for the
transmission line, access roads, and
other permanent and temporary Project
components.
The proposed Project would involve
the interconnection with and expansion
and upgrade of 14 existing substations
in southern Arizona and New Mexico,
as well as the potential construction of
a new 345-kV substation facility in New
Mexico. The Project would also include
installation of a fiber optic network
communications system. Fee ownership
would only be considered for
substations or substation expansions; all
other land rights acquired on nonfederal lands would be through
easements or leases. The New Build
Section (Afton-Apache) would include
construction and operation of:
• 205 miles of 345-kV double-circuit
electric transmission line as well as
associated roads and ancillary facilities
in New Mexico and Arizona with a
planned bidirectional capacity of up to
1,000 MW. This section is defined by
endpoints at the existing Afton
˜
Substation, south of Las Cruces in Dona
Ana County, New Mexico, and
Western’s existing Apache Substation,
south of Willcox in Cochise County,
Arizona;
• 5 miles of 345-kV single-circuit
electric transmission line between the
existing Afton Substation and the
existing Luna-Diablo 345-kV
transmission line;
• 30 miles of 345-kV double-circuit
electric transmission line between New
Mexico State Route 9 and Interstate 10
east of Deming in Luna County, New
Mexico, to provide access for potential
renewable energy generation sources in
southern New Mexico. This segment of
the proposed Project is included in the
analysis, however, development of this
segment would be determined at a later
date;
• One potential new substation on
approximately 25 acres of land in Luna
County, New Mexico (proposed
Midpoint Substation), to provide an
intermediate connection point for future
interconnection requests; and
E:\FR\FM\10NON1.SGM
10NON1
]]>Agencies
[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69692-69693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28476]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[156A2100DD/AAKC001030/A0A501010.999900 253G]
Navajo Nation Trust Leasing Act of 2000 Approval of Navajo Nation
Regulations
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On May 16, 2014, the Bureau of Indian Affairs (BIA) approved
the Navajo Nation General Leasing Regulations under the Navajo Nation
Trust Leasing Act of 2000. With this approval, the Tribe is authorized
to enter into leases without BIA approval.
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 Navajo Nation Trust Leasing Act of 2000
The Navajo Nation Trust Leasing Act authorizes the Nation to issue
leases for purposes authorized under 25 U.S.C. 415(a) without the
approval of the Secretary, provided the lease is executed under tribal
regulations approved by the Secretary. Congress enacted the Leasing Act
in 2000, to ``establish a streamlined process for the Navajo Nation to
lease trust lands without having the approval of the Secretary of the
Interior for individual leases,'' and ``[t]o maintain, strengthen, and
protect the Navajo Nation's leasing power over Navajo trust lands.''
Public Law 106-568 Sec. 1202, 114 Stat. 2933 (Dec. 27, 2000). See also
S. Rpt. 106-511 (Oct. 31, 2000). The Navajo Nation Trust Leasing 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 Navajo Nation.
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, 72,447-48 (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 Navajo
Nation Trust Leasing 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 Navajo Nation Trust
Leasing Act. The Navajo Nation Trust Leasing Act was intended to
``revitalize the distressed Navajo Reservation by promoting political
self-determination, and encouraging economic self-sufficiency,
including economic development that increases productivity and the
standard of living for members of the Navajo Nation.'' Public Law 106-
568 Sec. 1202, 114 Stat. 2933 (Dec. 27, 2000). Moreover, the Navajo
Nation Trust Leasing Act was the model for the HEARTH (Helping Expedite
and Advance Responsible Tribal Homeownership) Act of 2012, for which
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).
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 Navajo Nation Trust Leasing Act pervasively cover all aspects
of leasing. Furthermore, the Federal government remains involved in the
tribal land leasing process by approving the tribal leasing regulations
in the first instance. The Secretary also retains authority to take
``all appropriate actions . . . in furtherance of the trust obligation
of the United States to the Navajo Nation'' and necessary actions
remedy violations of tribal regulations, including cancelling the lease
or rescinding approval of the tribal regulations and reassuming lease
approval responsibilities. 25 U.S.C. 415(e). Moreover, the Secretary
continues to review, approve, and
[[Page 69693]]
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
Navajo Nation.
Dated: November 2, 2015.
Kevin K. Washburn,
Assistant Secretary, Indian Affairs.
[FR Doc. 2015-28476 Filed 11-9-15; 8:45 am]
BILLING CODE 4337-15-P
