HEARTH Act Approval of Lummi Tribe of the Lummi Indian Reservation Code of Laws, Trust Lands Leasing Code, 13774-13775 [2018-06443]
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Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices
retain jurisdiction over Indians,
exclusive of State jurisdiction, but
where tribal courts have not been
established to exercise that jurisdiction
and the tribes has, by resolution or
constitutional amendment, chosen to
use the Court of Indian Offenses.
Accordingly, Courts of Indian Offenses
exercise jurisdiction under 25 CFR 11.
Domestic relations are governed by 25
CFR 11.600, which authorizes the Court
of Indian Offenses to conduct and
dissolve marriages.
In order to obtain a marriage licenses
in a Court of Indian Offenses, applicants
must provide the six items of
information listed in 25 CFR 11.600(c),
including identifying information, such
a Social Security number, information
on previous marriage, relationship to
the other applicant, and a certificate of
the results of any medical examination
required by applicable tribal ordinances
or the laws of the State in which the
Indian country under the jurisdiction of
the Court of Indian Offenses is located.
To dissolve a marriage, applicants must
provide the six items of information
listed in 25 CFR 11.606(c), including
information on occupation and
residency (to establish jurisdiction),
information on whether the parties have
lives apart for at least 180 days or if
there is serious marital discord
warranting dissolution, and information
on the children of the marriage and
whether the wife is pregnant (for the
court to determine the appropriate level
of support that may be required from the
non-custodial parent). (25 CFR 11.601)
Two forms are used as part of this
information collection, the Marriage
License Application and the Dissolution
of Marriage Application.
Title of Collection: Law and Order on
Indian Reservations—Marriage &
Dissolution Applications.
OMB Control Number: 1076–0094.
Form Number: None.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Individuals.
Total Estimated Number of Annual
Respondents: 260 per year, on average.
Total Estimated Number of Annual
Responses: 260 per year, on average.
Estimated Completion Time per
Response: 15 minutes.
Total Estimated Number of Annual
Burden Hours: 65 hours.
Respondent’s Obligation: Required to
Obtain or Retain a Benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: $6,500 (approximately $25
per application for processing fees).
An agency may not conduct or
sponsor and a person is not required to
VerDate Sep<11>2014
18:57 Mar 29, 2018
Jkt 244001
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq).
Dated: March 26, 2018.
Elizabeth K. Appel,
Director, Office of Regulatory Affairs and
Collaborative Action—Indian Affairs.
[FR Doc. 2018–06440 Filed 3–29–18; 8:45 am]
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 Lummi
Tribe of the Lummi Indian Reservation.
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/
A0A501010.999900]
HEARTH Act Approval of Lummi Tribe
of the Lummi Indian Reservation Code
of Laws, Trust Lands Leasing Code
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
On November 9, 2017, the
Bureau of Indian Affairs (BIA) approved
the Lummi Tribe of the Lummi Indian
Reservation’s leasing regulations under
the HEARTH Act. With this approval,
the Tribe is authorized to enter into
leases for business and residential
purposes without BIA approval.
FOR FURTHER INFORMATION CONTACT: Ms.
Sharlene Round Face, Bureau of Indian
Affairs, Division of Real Estate Services,
1849 C Street NW, MS–4642–MIB,
Washington, DC 20240, at (202) 208–
3615.
SUMMARY:
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 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
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
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, 77 FR
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 leaserelated 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)). Similarly, section 465
preempts state taxation of rent payments
by a lessee for leased trust lands,
because ‘‘tax on the payment of rent is
indistinguishable from an impermissible
tax on the land.’’ See Seminole Tribe of
Florida v. Stranburg, No. 14–14524,
*13–*17, n.8 (11th Cir. 2015). 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 nonIndians 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 selfgovernment,’’ requires a particularized
examination of the relevant State,
E:\FR\FM\30MRN1.SGM
30MRN1
amozie on DSK30RV082PROD with NOTICES
Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices
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).
Similar to BIA’s surface leasing
regulations, Tribal regulations under the
HEARTH Act pervasively cover all
aspects of leasing. See 25 U.S.C.
415(h)(3)(B)(i) (requiring Tribal
regulations be consistent with BIA
surface leasing regulations).
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
VerDate Sep<11>2014
18:57 Mar 29, 2018
Jkt 244001
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 Lummi
Tribe of the Lummi Indian Reservation.
Dated: November 9, 2017.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs, Exercising the Authority of the
Assistant Secretary—Indian Affairs.
[FR Doc. 2018–06443 Filed 3–29–18; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/
A0A501010.999900 253G; OMB Control
Number 1076–0169]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Probate of Indian
Estates, Except for Members of the
Osage Nation and Five Civilized Tribes
Bureau of Indian Affairs,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, we,
the Bureau of Indian Affairs (BIA), are
proposing to renew an information
collection.
SUMMARY:
Interested persons are invited to
submit comments on or before April 30,
2018.
ADDRESSES: Send written comments on
this information collection request (ICR)
to the Office of Management and
Budget’s Desk Officer for the
Department of the Interior by email at
OIRA_Submission@omb.eop.gov; or via
facsimile to (202) 395–5806. Please
provide a copy of your comments to Ms.
Charlene Toledo, Bureau of Indian
DATES:
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
13775
Affairs, Office of Trust Services,
Division of Probate Services, 2600 N
Central Ave., STE MS 102, Phoenix, AZ
85004: or email to Charlene.Toledo@
bia.gov. Please reference OMB Control
Number 1076–0169 in the subject line of
your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Ms. Charlene Toledo
by telephone at (505) 563–3371.You
may also view the ICR at https://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
A Federal Register notice with a 60day public comment period soliciting
comments on this collection of
information was published on
November 16, 2017. (82 FR 53516) No
comments were received.
We are again soliciting comments on
the proposed ICR that is described
below. We are especially interested in
public comment addressing the
following issues: (1) Is the collection
necessary to the proper functions of the
BIA; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the BIA enhance the
quality, utility, and clarity of the
information to be collected; and (5) how
might the BIA minimize the burden of
this collection on the respondents,
including through the use of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. 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.
Abstract: The Secretary of the Interior
probates the estates of individual
Indians owning trust or restricted
property in accordance with 25 U.S.C.
E:\FR\FM\30MRN1.SGM
30MRN1
]]>Agencies
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Pages 13774-13775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06443]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/A0A501010.999900]
HEARTH Act Approval of Lummi Tribe of the Lummi Indian
Reservation Code of Laws, Trust Lands Leasing Code
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On November 9, 2017, the Bureau of Indian Affairs (BIA)
approved the Lummi Tribe of the Lummi Indian Reservation's leasing
regulations under the HEARTH Act. With this approval, the Tribe is
authorized to enter into leases for business and residential purposes
without BIA approval.
FOR FURTHER INFORMATION CONTACT: Ms. Sharlene Round Face, Bureau of
Indian Affairs, Division of Real Estate Services, 1849 C Street NW, MS-
4642-MIB, Washington, DC 20240, at (202) 208-3615.
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 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 Lummi Tribe of the Lummi Indian
Reservation.
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, 77 FR 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
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)). Similarly, section 465 preempts state
taxation of rent payments by a lessee for leased trust lands, because
``tax on the payment of rent is indistinguishable from an impermissible
tax on the land.'' See Seminole Tribe of Florida v. Stranburg, No. 14-
14524, *13-*17, n.8 (11th Cir. 2015). 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,
[[Page 13775]]
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).
Similar to BIA's surface leasing regulations, Tribal regulations
under the HEARTH Act pervasively cover all aspects of leasing. See 25
U.S.C. 415(h)(3)(B)(i) (requiring Tribal regulations be consistent with
BIA surface leasing regulations). 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
Lummi Tribe of the Lummi Indian Reservation.
Dated: November 9, 2017.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the
Authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2018-06443 Filed 3-29-18; 8:45 am]
BILLING CODE 4337-15-P
