Renewal of Information Collection for: OMB Control Number-1093-0005-Payments in Lieu of Taxes (PILT) Act, Statement of Federal Lands Payments, (43 CFR 44), 77656-77657 [2015-31446]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with NOTICES 77656 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Notices regulations, 77 FR 72447, 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 VerDate Sep<11>2014 17:08 Dec 14, 2015 Jkt 238001 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 Gila River Indian Community. Dated: November 20, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs. [FR Doc. 2015–31565 Filed 12–14–15; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Office of the Secretary [166D1114PD DPD000000.000000 DS62100000 DX.62101] Renewal of Information Collection for: OMB Control Number—1093–0005— Payments in Lieu of Taxes (PILT) Act, Statement of Federal Lands Payments, (43 CFR 44) Office of the Secretary, Office of Budget, Department of the Interior. ACTION: Notice and request for comments. AGENCY: In compliance with the Paperwork Reduction Act of 1995, the Office of Budget, Office of the Secretary, and Department of the Interior (DOI), announces the proposed extension of a public information collection required by the Payments in Lieu of Taxes (PILT) Act and seeks public comments on the provisions thereof. In compliance with the Paperwork Reduction Act of 1995, the Office of Budget has submitted a request for renewal of approval of this information collection to the Office of Management and Budget (OMB), and requests public comments on this submission. SUMMARY: OMB has up to 60 days to approve or disapprove the information collection request, but may respond after 30 days; therefore, public DATES: PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 comments should be submitted to OMB by January 14, 2016, in order to be assured of consideration. ADDRESSES: Send your written comments by facsimile (202) 395–5806 or email (OIRA_Submission@ omb.eop.gov) to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Department of the Interior Desk Officer (1093–0005). Also, please send a copy of your comments to the U.S. Department of the Interior, Office of the Secretary, Office of Budget, Attn. Dionna Kiernan, 1849 C St. NW., MS 7413 MIB, Washington, DC 20240. Send any faxed comments to (202) 219–2849, Attn. Dionna Kiernan. Comments may also be emailed to dionna_kiernan@ ios.doi.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument should be directed to the U.S. Department of the Interior, Office of the Secretary, Office of Budget, Attn. Dionna Kiernan, 1849 C St. NW., MS 7413 MIB, Washington, DC 20240. Requests for additional information may also be emailed to dionna_kiernan@ ios.doi.gov or faxed to (202) 219–2849. You may also review the information collection request online at https:// www.reginfo.gov/public/do/PRAMain. SUPPLEMENTARY INFORMATION: I. Abstract Public Law 97–258 (31 U.S.C. 6901– 6907), as amended, the Payments in Lieu of Taxes (PILT) Act, was designed by Congress to help local governments recover some of the expenses they incur in providing services on public lands. These local governments receive funds under various Federal land payment programs such as the National Forest Revenue Act, the Mineral Lands Leasing Act, and the Taylor Grazing Act. PILT payments supplement the payments local governments receive under these other programs. The FY 2016 budget proposes a one-year extension of the current PILT program, maintaining the existing formula for calculating payments to counties. That proposal is currently pending before Congress. This renewal authority is being done in anticipation of reauthorization by Congress. The PILT Act requires the Governor of each State to furnish the Department of the Interior with a listing of payments disbursed to local governments by the States on behalf of the Federal Government under 12 statutes described in Section 6903 of 31 U.S.C. The Department of the Interior uses the amounts reported by the States to E:\FR\FM\15DEN1.SGM 15DEN1 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES reduce PILT payments to units of general local governments from that which they might otherwise receive. If such listings were not furnished by the Governor of each affected State, the Department would not be able to compute the PILT payments to units of general local government within the States in question. In fiscal year 2004, administrative authority for the PILT program was transferred from the Bureau of Land Management to the Office of the Secretary of the Department of the Interior. Applicable DOI regulations pertaining to the PILT program to be administered by the Office of the Secretary were published as a final rule in the Federal Register on December 7, 2004 (69 FR 70557). The Office of Budget, Office of the Secretary is now planning to extend the information collection approval authority in order to enable the Department of the Interior to continue to comply with the PILT Act. II. Data (1) Title: Payments in Lieu of Taxes (PILT) Act, Statement of Federal Lands Payments, (43 CFR 44). OMB Control Number: 1093–0005. Current Expiration Date: 12/31/2015. Type of Review: Extension without change of a currently approved collection. Affected Entities: State Governments. Estimated annual number of responses: 45. Frequency of response: Annually. Obligation to Respond: Required to obtain or retain a benefit. (2) Annual reporting and record keeping burden. Total Annual Reporting per Respondent: 46 hours. Total Annual Burden Hours: 2,070 hours. (3) Description of the need and use of the information: The statutorily required information is needed to compute payments due units of general local government under the PILT Act (31 U.S.C. 6901–6907). The Act requires the Governor of each State to furnish a statement as to amounts paid to units of general local government under 12 revenue-sharing statutes in the prior fiscal year. The FY 2016 budget proposes a one-year extension of the current PILT program, maintaining the existing formula for calculating payments to counties. That proposal is currently pending before Congress. This renewal authority is being done in anticipation of reauthorization by Congress. (4) As required under 5 CFR 1320.8(d), a Federal Register notice soliciting comments on the information VerDate Sep<11>2014 17:08 Dec 14, 2015 Jkt 238001 77657 collection was published on August 12, 2015 (80 FR 48334). No comments were received. This notice provides the public with an additional 30 days in which to comment on the proposed information collection activity. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid Office of Management and Budget control number. III. Request for Comments Dated: December 8, 2015. Olivia B. Ferriter, Deputy Assistant Secretary, Budget, Finance, Performance, and Acquisition. The Department of the Interior invites comments on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) The accuracy of the agency’s estimate of the burden of the collection and the validity of the methodology and assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other collection techniques or other forms of information technology. ‘‘Burden’’ means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information. It is our policy to make all comments available to the public for review. Before including Personally Identifiable Information (PII), such as your address, phone number, email address, or other personal information in your comment(s), you should be aware your entire comment (including PII) may be made available to the public at any time. While you may ask us in your comment to withhold PII from public view, we cannot guarantee we will be able to do so. If you wish to view any comments received, you may do so by scheduling an appointment via the contact information provided in the ADDRESSES section. A valid picture identification is required for entry into the Department of the Interior, 1849 C Street NW., Washington, DC 20240. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 [FR Doc. 2015–31446 Filed 12–14–15; 8:45 am] BILLING CODE 4334–63–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO35000.L14300000.ES0000] Renewal of Approved Information Collection Bureau of Land Management, Interior. ACTION: 30-day notice and request for comments. AGENCY: The Bureau of Land Management (BLM) has submitted an information collection request to the Office of Management and Budget (OMB) to continue the collection of information from applicants for land for recreation or public purposes. The Office of Management and Budget (OMB) previously approved this information collection activity, and assigned it control number 1004–0012. DATES: The OMB is required to respond to this information collection request within 60 days but may respond after 30 days. For maximum consideration, written comments should be received on or before January 14, 2016. ADDRESSES: Please submit comments directly to the Desk Officer for the Department of the Interior, OMB ID: 1004–0012, Office of Management and Budget, Office of Information and Regulatory Affairs, fax 202–395–5806, or by electronic mail at OIRA_ submission@omb.eop.gov. Please provide a copy of your comments to the BLM. You may do so via mail, fax, or electronic mail. Mail: U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW., Room 2134LM, Attention: Jean Sonneman, Washington, DC 20240. Fax: To Jean Sonneman at 202–245– 0050. Electronic mail: Jean_Sonneman@ blm.gov. Please indicate ‘‘Attn: 1004–0012’’ regardless of the form of your comments. FOR FURTHER INFORMATION CONTACT: Flora Bell, at 202–912–7347. Persons SUMMARY: E:\FR\FM\15DEN1.SGM 15DEN1

Agencies

[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Notices]
[Pages 77656-77657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31446]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[166D1114PD DPD000000.000000 DS62100000 DX.62101]


Renewal of Information Collection for: OMB Control Number--1093-
0005--Payments in Lieu of Taxes (PILT) Act, Statement of Federal Lands 
Payments, (43 CFR 44)

AGENCY: Office of the Secretary, Office of Budget, Department of the 
Interior.

ACTION: Notice and request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the 
Office of Budget, Office of the Secretary, and Department of the 
Interior (DOI), announces the proposed extension of a public 
information collection required by the Payments in Lieu of Taxes (PILT) 
Act and seeks public comments on the provisions thereof. In compliance 
with the Paperwork Reduction Act of 1995, the Office of Budget has 
submitted a request for renewal of approval of this information 
collection to the Office of Management and Budget (OMB), and requests 
public comments on this submission.

DATES: OMB has up to 60 days to approve or disapprove the information 
collection request, but may respond after 30 days; therefore, public 
comments should be submitted to OMB by January 14, 2016, in order to be 
assured of consideration.

ADDRESSES: Send your written comments by facsimile (202) 395-5806 or 
email (OIRA_Submission@omb.eop.gov) to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Attention: 
Department of the Interior Desk Officer (1093-0005). Also, please send 
a copy of your comments to the U.S. Department of the Interior, Office 
of the Secretary, Office of Budget, Attn. Dionna Kiernan, 1849 C St. 
NW., MS 7413 MIB, Washington, DC 20240. Send any faxed comments to 
(202) 219-2849, Attn. Dionna Kiernan. Comments may also be emailed to 
dionna_kiernan@ios.doi.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument should be directed to 
the U.S. Department of the Interior, Office of the Secretary, Office of 
Budget, Attn. Dionna Kiernan, 1849 C St. NW., MS 7413 MIB, Washington, 
DC 20240. Requests for additional information may also be emailed to 
dionna_kiernan@ios.doi.gov or faxed to (202) 219-2849. You may also 
review the information collection request online at https://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION: 

I. Abstract

    Public Law 97-258 (31 U.S.C. 6901-6907), as amended, the Payments 
in Lieu of Taxes (PILT) Act, was designed by Congress to help local 
governments recover some of the expenses they incur in providing 
services on public lands. These local governments receive funds under 
various Federal land payment programs such as the National Forest 
Revenue Act, the Mineral Lands Leasing Act, and the Taylor Grazing Act. 
PILT payments supplement the payments local governments receive under 
these other programs. The FY 2016 budget proposes a one-year extension 
of the current PILT program, maintaining the existing formula for 
calculating payments to counties. That proposal is currently pending 
before Congress. This renewal authority is being done in anticipation 
of reauthorization by Congress.
    The PILT Act requires the Governor of each State to furnish the 
Department of the Interior with a listing of payments disbursed to 
local governments by the States on behalf of the Federal Government 
under 12 statutes described in Section 6903 of 31 U.S.C. The Department 
of the Interior uses the amounts reported by the States to

[[Page 77657]]

reduce PILT payments to units of general local governments from that 
which they might otherwise receive. If such listings were not furnished 
by the Governor of each affected State, the Department would not be 
able to compute the PILT payments to units of general local government 
within the States in question.
    In fiscal year 2004, administrative authority for the PILT program 
was transferred from the Bureau of Land Management to the Office of the 
Secretary of the Department of the Interior. Applicable DOI regulations 
pertaining to the PILT program to be administered by the Office of the 
Secretary were published as a final rule in the Federal Register on 
December 7, 2004 (69 FR 70557). The Office of Budget, Office of the 
Secretary is now planning to extend the information collection approval 
authority in order to enable the Department of the Interior to continue 
to comply with the PILT Act.

II. Data

    (1) Title: Payments in Lieu of Taxes (PILT) Act, Statement of 
Federal Lands Payments, (43 CFR 44).
    OMB Control Number: 1093-0005.
    Current Expiration Date: 12/31/2015.
    Type of Review: Extension without change of a currently approved 
collection.
    Affected Entities: State Governments.
    Estimated annual number of responses: 45.
    Frequency of response: Annually.
    Obligation to Respond: Required to obtain or retain a benefit.
    (2) Annual reporting and record keeping burden.
    Total Annual Reporting per Respondent: 46 hours.
    Total Annual Burden Hours: 2,070 hours.
    (3) Description of the need and use of the information: The 
statutorily required information is needed to compute payments due 
units of general local government under the PILT Act (31 U.S.C. 6901-
6907). The Act requires the Governor of each State to furnish a 
statement as to amounts paid to units of general local government under 
12 revenue-sharing statutes in the prior fiscal year. The FY 2016 
budget proposes a one-year extension of the current PILT program, 
maintaining the existing formula for calculating payments to counties. 
That proposal is currently pending before Congress. This renewal 
authority is being done in anticipation of reauthorization by Congress.
    (4) As required under 5 CFR 1320.8(d), a Federal Register notice 
soliciting comments on the information collection was published on 
August 12, 2015 (80 FR 48334). No comments were received. This notice 
provides the public with an additional 30 days in which to comment on 
the proposed information collection activity.

III. Request for Comments

    The Department of the Interior invites comments on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information will have practical utility;
    (b) The accuracy of the agency's estimate of the burden of the 
collection and the validity of the methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other collection techniques or 
other forms of information technology.
    ``Burden'' means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, disclose, or provide 
information to or for a federal agency. This includes the time needed 
to review instructions; to develop, acquire, install and utilize 
technology and systems for the purpose of collecting, validating and 
verifying information, processing and maintaining information, and 
disclosing and providing information; to train personnel and to be able 
to respond to a collection of information, to search data sources, to 
complete and review the collection of information; and to transmit or 
otherwise disclose the information.
    It is our policy to make all comments available to the public for 
review. Before including Personally Identifiable Information (PII), 
such as your address, phone number, email address, or other personal 
information in your comment(s), you should be aware your entire comment 
(including PII) may be made available to the public at any time. While 
you may ask us in your comment to withhold PII from public view, we 
cannot guarantee we will be able to do so.
    If you wish to view any comments received, you may do so by 
scheduling an appointment via the contact information provided in the 
ADDRESSES section. A valid picture identification is required for entry 
into the Department of the Interior, 1849 C Street NW., Washington, DC 
20240.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid Office of Management and Budget control number.

    Dated: December 8, 2015.
Olivia B. Ferriter,
Deputy Assistant Secretary, Budget, Finance, Performance, and 
Acquisition.
[FR Doc. 2015-31446 Filed 12-14-15; 8:45 am]
 BILLING CODE 4334-63-P
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