Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI, 17431-17432 [2018-08174]
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daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices
in promoting economic development,
self-determination, and Tribal
sovereignty. 77 FR 72440, 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. 5108, 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, 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.
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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 Oneida
Nation of Wisconsin.
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
17431
Dated: January 23, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs Exercising the Authority of the
Assistant Secretary—Indian Affairs.
[FR Doc. 2018–08218 Filed 4–18–18; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NAGPRA–NPS0025286;
PPWOCRADN0–PCU00RP14.R50000]
Notice of Inventory Completion:
Wisconsin Historical Society,
Madison, WI
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
The Wisconsin Historical
Society has completed an inventory of
human remains, in consultation with
the appropriate Indian Tribes or Native
Hawaiian organizations, and has
determined that there is no cultural
affiliation between the human remains
and any present-day Indian Tribes or
Native Hawaiian organizations.
Representatives of any Indian Tribe or
Native Hawaiian organization not
identified in this notice that wish to
request transfer of control of these
human remains should submit a written
request to the Wisconsin Historical
Society. If no additional requestors
come forward, transfer of control of the
human remains to the Indian Tribes or
Native Hawaiian organizations stated in
this notice may proceed.
DATES: Representatives of any Indian
Tribe or Native Hawaiian organization
not identified in this notice that wish to
request transfer of control of these
human remains should submit a written
request with information in support of
the request to the Wisconsin Historical
Society at the address in this notice by
May 21, 2018.
ADDRESSES: Jennifer Kolb, Wisconsin
Historical Society, 816 State Street,
Madison, WI 53706, telephone (608)
264–6434, email Jennifer.Kolb@
wisconsinhistory.org.
SUPPLEMENTARY INFORMATION: Notice is
here given in accordance with the
Native American Graves Protection and
Repatriation Act (NAGPRA), 25 U.S.C.
3003, of the completion of an inventory
of human remains under the control of
the Wisconsin Historical Society,
Madison, WI. The human remains were
removed from the Pleasant Plain Group
site, Barron County, and the Mertig Site,
Sawyer County, WI.
This notice is published as part of the
National Park Service’s administrative
SUMMARY:
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17432
Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices
responsibilities under NAGPRA, 25
U.S.C. 3003(d)(3) and 43 CFR 10.11(d).
The determinations in this notice are
the sole responsibility of the museum,
institution, or Federal agency that has
control of the Native American human
remains. The National Park Service is
not responsible for the determinations
in this notice.
Consultation
A detailed assessment of the human
remains was made by the Wisconsin
Historical Society professional staff in
consultation with representatives of the
Forest County Potawatomi Community,
Wisconsin; Ho-Chunk Nation of
Wisconsin; Lac du Flambeau Band of
Lake Superior Chippewa Indians of the
Lac du Flambeau Reservation of
Wisconsin; Menominee Indian Tribe of
Wisconsin; and Upper Sioux
Community, Minnesota.
daltland on DSKBBV9HB2PROD with NOTICES
History and Description of the Remains
In 1947, human remains representing,
at minimum, two individuals were
removed from the Pleasant Plain Group
(47–BN–0025) in Barron County, WI.
The site consists of 27 mounds,
including 15 conical mounds, 12 oval or
linear mounds, and one ‘‘catfish’’ or
‘‘tadpole’’ mound. The human remains
representing one adult male and one
possible adult male were found in a
single sub-floor burial pit in the center
of Mound 2 by Robert R. Jones and
students of the University of Wisconsin
Extension Center. It is not clear what
type of mound Mound 2 was. No known
individuals were identified. No
associated funerary objects are present.
At an unknown date, human remains
representing, at minimum, two
individuals were removed from the
Mertig Site (47–SY–0042) in Sawyer
County, WI. Landowner Fred Mertig
found partially cremated human
remains while leveling the mounds. He
also recovered two copper beads, one of
which enclosed a piece of buckskin. In
1956, Mertig sent the human remains
and copper beads to the Wisconsin
Historical Society for analysis. The
recovery location of the copper beads is
unknown and there is a lack of
information to indicate they were
associated funerary objects. Skeletal
analysis determined the human remains
represent one adult and one child, both
of indeterminate sex. No known
individuals were identified. No
associated funerary objects are present.
Determinations Made by the Wisconsin
Historical Society
Officials of the Wisconsin Historical
Society have determined that:
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17:49 Apr 18, 2018
Jkt 244001
• Pursuant to 25 U.S.C. 3001(9), the
human remains described in this notice
are Native American based on
Wisconsin Historical Society records,
burial location, oral histories, and
skeletal analysis.
• Pursuant to 25 U.S.C. 3001(9), the
human remains described in this notice
represent the physical remains of four
individuals of Native American
ancestry.
• Pursuant to 25 U.S.C. 3001(2), a
relationship of shared group identity
cannot be reasonably traced between the
Native American human remains and
any present-day Indian Tribe.
• Treaties, Acts of Congress, or
Executive Orders, indicate that the land
from which the Native American human
remains were removed is the aboriginal
land of the Bad River Band of the Lake
Superior Tribe of Chippewa Indians of
the Bad River Reservation, Wisconsin;
Bay Mills Indian Community, Michigan;
Chippewa-Cree Indians of the Rocky
Boy’s Reservation, Montana (previously
listed as the Chippewa-Cree Indians of
the Rocky Boy’s Reservation, Montana);
Grand Traverse Band of Ottawa and
Chippewa Indians, Michigan;
Keweenaw Bay Indian Community,
Michigan; Lac Courte Oreilles Band of
Lake Superior Chippewa Indians of
Wisconsin; Lac du Flambeau Band of
Lake Superior Chippewa Indians of the
Lac du Flambeau Reservation of
Wisconsin; Lac Vieux Desert Band of
Lake Superior Chippewa Indians of
Michigan; Minnesota Chippewa Tribe,
Minnesota (Six component reservations:
Bois Forte Band (Nett Lake); Fond du
Lac Band; Grand Portage Band; Leech
Lake Band; Mille Lacs Band; White
Earth Band); Red Cliff Band of Lake
Superior Chippewa Indians of
Wisconsin; Red Lake Band of Chippewa
Indians, Minnesota; Saginaw Chippewa
Indian Tribe of Michigan; Sault Ste.
Marie Tribe of Chippewa Indians,
Michigan; Sokaogon Chippewa
Community, Wisconsin; St. Croix
Chippewa Indians of Wisconsin; and the
Turtle Mountain Band of Chippewa
Indians of North Dakota (hereafter
referred to as ‘‘The Aboriginal Land
Tribes’’).
• Pursuant to 43 CFR 10.11(c)(1), the
disposition of the human remains may
be to The Aboriginal Land Tribes.
Additional Requestors and Disposition
Representatives of any Indian Tribe or
Native Hawaiian organization not
identified in this notice that wish to
request transfer of control of these
human remains should submit a written
request with information in support of
the request to Jennifer Kolb, Wisconsin
Historical Society, 816 State Street,
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
Madison, WI 53706, telephone (608)
264–6434, email Jennifer.Kolb@
wisconsinhistory.org, by May 21, 2018.
After that date, if no additional
requestors have come forward, transfer
of control of the human remains to The
Aboriginal Land Tribes may proceed.
The Wisconsin Historical Society is
responsible for notifying The Aboriginal
Land Tribes, Forest County Potawatomi
Community, Wisconsin; Ho-Chunk
Nation of Wisconsin; Menominee Indian
Tribe of Wisconsin; and Upper Sioux
Community, Minnesota, that this notice
has been published.
Dated: March 22, 2018.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2018–08174 Filed 4–18–18; 8:45 am]
BILLING CODE 4312–52–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NAGPRA–NPS0025293;
PPWOCRADN0–PCU00RP14.R50000]
Notice of Inventory Completion:
Wisconsin Historical Society,
Madison, WI
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
The Wisconsin Historical
Society has completed an inventory of
human remains and associated funerary
objects, in consultation with the
appropriate Indian Tribes or Native
Hawaiian organizations, and has
determined that there is no cultural
affiliation between the human remains
and associated funerary objects and any
present-day Indian Tribes or Native
Hawaiian organizations. Representatives
of any Indian Tribe or Native Hawaiian
organization not identified in this notice
that wish to request transfer of control
of these human remains and associated
funerary objects should submit a written
request to the Wisconsin Historical
Society. If no additional requestors
come forward, transfer of control of the
human remains and associated funerary
objects to the Indian Tribes or Native
Hawaiian organizations stated in this
notice may proceed.
DATES: Representatives of any Indian
Tribe or Native Hawaiian organization
not identified in this notice that wish to
request transfer of control of these
human remains and associated funerary
objects should submit a written request
with information in support of the
request to the Wisconsin Historical
Society at the address in this notice by
May 21, 2018.
SUMMARY:
E:\FR\FM\19APN1.SGM
19APN1
]]>Agencies
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17431-17432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08174]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-WASO-NAGPRA-NPS0025286; PPWOCRADN0-PCU00RP14.R50000]
Notice of Inventory Completion: Wisconsin Historical Society,
Madison, WI
AGENCY: National Park Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Wisconsin Historical Society has completed an inventory of
human remains, in consultation with the appropriate Indian Tribes or
Native Hawaiian organizations, and has determined that there is no
cultural affiliation between the human remains and any present-day
Indian Tribes or Native Hawaiian organizations. Representatives of any
Indian Tribe or Native Hawaiian organization not identified in this
notice that wish to request transfer of control of these human remains
should submit a written request to the Wisconsin Historical Society. If
no additional requestors come forward, transfer of control of the human
remains to the Indian Tribes or Native Hawaiian organizations stated in
this notice may proceed.
DATES: Representatives of any Indian Tribe or Native Hawaiian
organization not identified in this notice that wish to request
transfer of control of these human remains should submit a written
request with information in support of the request to the Wisconsin
Historical Society at the address in this notice by May 21, 2018.
ADDRESSES: Jennifer Kolb, Wisconsin Historical Society, 816 State
Street, Madison, WI 53706, telephone (608) 264-6434, email
[email protected].
SUPPLEMENTARY INFORMATION: Notice is here given in accordance with the
Native American Graves Protection and Repatriation Act (NAGPRA), 25
U.S.C. 3003, of the completion of an inventory of human remains under
the control of the Wisconsin Historical Society, Madison, WI. The human
remains were removed from the Pleasant Plain Group site, Barron County,
and the Mertig Site, Sawyer County, WI.
This notice is published as part of the National Park Service's
administrative
[[Page 17432]]
responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR
10.11(d). The determinations in this notice are the sole responsibility
of the museum, institution, or Federal agency that has control of the
Native American human remains. The National Park Service is not
responsible for the determinations in this notice.
Consultation
A detailed assessment of the human remains was made by the
Wisconsin Historical Society professional staff in consultation with
representatives of the Forest County Potawatomi Community, Wisconsin;
Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior
Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin;
Menominee Indian Tribe of Wisconsin; and Upper Sioux Community,
Minnesota.
History and Description of the Remains
In 1947, human remains representing, at minimum, two individuals
were removed from the Pleasant Plain Group (47-BN-0025) in Barron
County, WI. The site consists of 27 mounds, including 15 conical
mounds, 12 oval or linear mounds, and one ``catfish'' or ``tadpole''
mound. The human remains representing one adult male and one possible
adult male were found in a single sub-floor burial pit in the center of
Mound 2 by Robert R. Jones and students of the University of Wisconsin
Extension Center. It is not clear what type of mound Mound 2 was. No
known individuals were identified. No associated funerary objects are
present.
At an unknown date, human remains representing, at minimum, two
individuals were removed from the Mertig Site (47-SY-0042) in Sawyer
County, WI. Landowner Fred Mertig found partially cremated human
remains while leveling the mounds. He also recovered two copper beads,
one of which enclosed a piece of buckskin. In 1956, Mertig sent the
human remains and copper beads to the Wisconsin Historical Society for
analysis. The recovery location of the copper beads is unknown and
there is a lack of information to indicate they were associated
funerary objects. Skeletal analysis determined the human remains
represent one adult and one child, both of indeterminate sex. No known
individuals were identified. No associated funerary objects are
present.
Determinations Made by the Wisconsin Historical Society
Officials of the Wisconsin Historical Society have determined that:
Pursuant to 25 U.S.C. 3001(9), the human remains described
in this notice are Native American based on Wisconsin Historical
Society records, burial location, oral histories, and skeletal
analysis.
Pursuant to 25 U.S.C. 3001(9), the human remains described
in this notice represent the physical remains of four individuals of
Native American ancestry.
Pursuant to 25 U.S.C. 3001(2), a relationship of shared
group identity cannot be reasonably traced between the Native American
human remains and any present-day Indian Tribe.
Treaties, Acts of Congress, or Executive Orders, indicate
that the land from which the Native American human remains were removed
is the aboriginal land of the Bad River Band of the Lake Superior Tribe
of Chippewa Indians of the Bad River Reservation, Wisconsin; Bay Mills
Indian Community, Michigan; Chippewa-Cree Indians of the Rocky Boy's
Reservation, Montana (previously listed as the Chippewa-Cree Indians of
the Rocky Boy's Reservation, Montana); Grand Traverse Band of Ottawa
and Chippewa Indians, Michigan; Keweenaw Bay Indian Community,
Michigan; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of
Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of
the Lac du Flambeau Reservation of Wisconsin; Lac Vieux Desert Band of
Lake Superior Chippewa Indians of Michigan; Minnesota Chippewa Tribe,
Minnesota (Six component reservations: Bois Forte Band (Nett Lake);
Fond du Lac Band; Grand Portage Band; Leech Lake Band; Mille Lacs Band;
White Earth Band); Red Cliff Band of Lake Superior Chippewa Indians of
Wisconsin; Red Lake Band of Chippewa Indians, Minnesota; Saginaw
Chippewa Indian Tribe of Michigan; Sault Ste. Marie Tribe of Chippewa
Indians, Michigan; Sokaogon Chippewa Community, Wisconsin; St. Croix
Chippewa Indians of Wisconsin; and the Turtle Mountain Band of Chippewa
Indians of North Dakota (hereafter referred to as ``The Aboriginal Land
Tribes'').
Pursuant to 43 CFR 10.11(c)(1), the disposition of the
human remains may be to The Aboriginal Land Tribes.
Additional Requestors and Disposition
Representatives of any Indian Tribe or Native Hawaiian organization
not identified in this notice that wish to request transfer of control
of these human remains should submit a written request with information
in support of the request to Jennifer Kolb, Wisconsin Historical
Society, 816 State Street, Madison, WI 53706, telephone (608) 264-6434,
email [email protected], by May 21, 2018. After that
date, if no additional requestors have come forward, transfer of
control of the human remains to The Aboriginal Land Tribes may proceed.
The Wisconsin Historical Society is responsible for notifying The
Aboriginal Land Tribes, Forest County Potawatomi Community, Wisconsin;
Ho-Chunk Nation of Wisconsin; Menominee Indian Tribe of Wisconsin; and
Upper Sioux Community, Minnesota, that this notice has been published.
Dated: March 22, 2018.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2018-08174 Filed 4-18-18; 8:45 am]
BILLING CODE 4312-52-P
