Notice of Intent for the Potential Amendment to the Approved Resource Management Plan for the Buffalo Field Office, Wyoming, and To Prepare an Associated Supplemental Environmental Impact Statement, 61165-61166 [2018-25845]
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Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Notices
Department of the Interior’s
(Department) leasing regulations at 25
CFR part 162 and provide for an
environmental review process that
meets requirements set forth in the
HEARTH Act. This notice announces
that the Secretary, through the Assistant
Secretary—Indian Affairs, has approved
the Tribal regulations for the Quinault
Indian 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
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 5108
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
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16:19 Nov 27, 2018
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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
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Sfmt 4703
61165
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
Quinault Indian Nation.
Dated: October 31, 2018.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2018–25942 Filed 11–27–18; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[L11100000 DS0000 LXSS036E0000
LLWY1610000]
Notice of Intent for the Potential
Amendment to the Approved Resource
Management Plan for the Buffalo Field
Office, Wyoming, and To Prepare an
Associated Supplemental
Environmental Impact Statement
Bureau of Land Management,
Interior.
ACTION: Notice of intent.
AGENCY:
In accordance with the
National Environmental Policy Act of
1969, as amended (NEPA), and the
Federal Land Policy and Management
Act of 1976, as amended (FLPMA), the
Bureau of Land Management (BLM)
Wyoming Buffalo Field Office intends to
prepare a Supplemental Environmental
Impact Statement (EIS) and potential
amendment for the 2015 Buffalo Field
Office Approved Resource Management
Plan (RMP). The Supplemental EIS is in
response to a United States District
Court, District of Montana, opinion and
order (Western Organization of Resource
Councils, et al vs BLM). This notice
announces the beginning of the scoping
process to solicit public comments and
identify issues presented in the opinion
and order.
DATES: To ensure that we can
adequately consider all comments, the
SUMMARY:
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61166
Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Notices
BLM must receive written comments by
December 28, 2018. The BLM will
announce a public scoping meeting
during this period through local news
media, newsletters, our ePlanning
website, and the BLM website (https://
www.blm.gov/wyoming) at least 15 days
prior to the meeting. The BLM will
provide additional opportunities for
public participation upon publication of
the Draft Supplemental EIS.
ADDRESSES: You may submit comments
on issues, planning criteria, and
resource information by any of the
following methods:
• Website: https://go.usa.gov/x9PT8.
• Mail: Buffalo RMP SEIS, Attn:
Thomas Bills, Project Manager, BLM
Buffalo Field Office, 1425 Fort Street,
Buffalo, WY 82834.
FOR FURTHER INFORMATION CONTACT:
Thomas (Tom) Bills, RMP Supplemental
EIS Project Manager; Telephone 307–
684–1133; or at the above mailing
address or website. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact the above individual during
normal business hours. The FRS is
available 24 hours a day, seven days a
week, to leave a message or question
with the above individual. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: The BLM
is preparing this Supplemental EIS in
response to a United States District
Court of Montana opinion and order
(Western Organization of Resource
Councils, et al. v. BLM; CV 16–21–GF–
BMM; 3/26/2018 and 7/31/2018).
In September 2015, the BLM
approved the Record of Decision for
Approved RMPs and Amendments in
the Rocky Mountain Region, which
included Wyoming’s Buffalo Field
Office. The 2015 Buffalo Approved RMP
provides a single, comprehensive land
use plan that guides management of
BLM-administered lands and minerals
in the Buffalo Field Office. The plan
provides goals, objectives, land use
allocations, and management direction
for the BLM-administered surface and
mineral estate based on the BLM’s
multiple use and sustained yield
mission, unless otherwise specified by
law (FLPMA Sec. 102(c), 43 U.S.C. 1701
et seq.). The Buffalo Field Office
manages approximately 800,000 acres of
surface land and 4.7 million acres of
mineral estate in Campbell, Johnson,
and Sheridan counties in north-central
Wyoming.
On March 26, 2018, the U.S. District
Court concluded: (1) NEPA requires the
BLM to consider an alternative that
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16:19 Nov 27, 2018
Jkt 247001
would decrease the amount of coal
potentially available for leasing, which
requires updated coal screening that
considers climate change impacts to
assess the amount of recoverable coal
available in the Approved RMP; (2) the
BLM must supplement the Buffalo Final
EIS with an analysis of the
environmental consequences of
downstream combustion of federal coal,
oil, and gas open to development under
the RMP; and (3) The BLM must provide
additional justification and analysis of
global warming potential over an
appropriate planning period consistent
with evolving science. The purpose of
this public scoping process is to solicit
public input that will influence the
scope of the Buffalo Supplemental EIS
with respect to the U.S. District Court’s
determinations.
There are currently 13 operating coal
mines in the planning area. All are in
Campbell County (part of the Antelope
Mine is in Converse County). There are
presently two proposed mining
operations on existing Federal coal
leases or on privately owned coal in the
planning area. One of these proposed
mining operations is located in
Sheridan County. All of the existing or
proposed mining operations are surface
coal mines, using truck/shovel or
dragline mining methods.
The 2015 Buffalo RMP relied on coal
screening completed during a 2001 RMP
update. The 2001 screening reviewed
567,200 acres in two areas identified as
acceptable for potential coal leasing in
the Buffalo Field Office (494,000 acres
in Campbell County and 73,200 acres in
Sheridan County), containing an
estimated 50.25 billion tons of coal.
Based on the update, the BLM
determined that 63,600 acres containing
more than 6.2 billion tons of coal are
unsuitable for surface coal mining
operations, while the remainder of the
coal lands in these areas remains
available for further consideration for
coal leasing. The BLM completed and
documented surface owner
consultation. The BLM estimates about
26 billion tons of coal would be
developed under the Approved RMP in
the areas made available for coal leasing
under the 2001 coal screening. Since
1985, about 10.8 billion tons of coal
within the planning area either were
leased or are under consideration for
leasing. The BLM has projected that the
areas it screened and deemed acceptable
for leasing will meet the anticipated
demand for coal reserves. The BLM
determined a new coal screening is not
necessary in the Buffalo Field Office
because no new lands have been
nominated for analysis since the
previous screenings, but BLM Wyoming
PO 00000
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Fmt 4703
Sfmt 9990
will analyze the downstream impacts of
developing federal minerals.
Call for Coal and Other Resource
Information
The BLM requests that industry, state
and local governments, and the public
provide relevant coal resource data that
can help inform this planning effort.
Specifically, the BLM requests
information on the development
potential (e.g., location, quality, and
quantity) of BLM-administered coal
mineral estate, and on surface resource
values related to multiple use conflicts.
The purpose of this request is to
ensure BLM Wyoming has sufficient
information and data to consider a
reasonable range of resource uses,
management options, and alternatives
for managing BLM-administered coal
mineral estate. The BLM will use this
information to complete the
Supplemental EIS and formulate
alternatives that identify areas
acceptable for further leasing
consideration.
Proprietary data marked as
confidential may be submitted in
response to this call for coal and other
resource information. Please submit all
proprietary information to the Buffalo
Field Manager at the address listed
above. The BLM will treat submissions
marked as ‘‘Confidential’’ in accordance
with the laws and regulations governing
the confidentiality of such information.
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, the
BLM cannot guarantee that it will be
able to do so.
Authority: 43 CFR 1610.2(c) and 3420.1–2.
Dated: November 16, 2018.
Mary Jo Rugwell,
State Director.
[FR Doc. 2018–25845 Filed 11–27–18; 8:45 am]
BILLING CODE 4310–22–P
E:\FR\FM\28NON1.SGM
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Agencies
[Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)]
[Notices]
[Pages 61165-61166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25845]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[L11100000 DS0000 LXSS036E0000 LLWY1610000]
Notice of Intent for the Potential Amendment to the Approved
Resource Management Plan for the Buffalo Field Office, Wyoming, and To
Prepare an Associated Supplemental Environmental Impact Statement
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: In accordance with the National Environmental Policy Act of
1969, as amended (NEPA), and the Federal Land Policy and Management Act
of 1976, as amended (FLPMA), the Bureau of Land Management (BLM)
Wyoming Buffalo Field Office intends to prepare a Supplemental
Environmental Impact Statement (EIS) and potential amendment for the
2015 Buffalo Field Office Approved Resource Management Plan (RMP). The
Supplemental EIS is in response to a United States District Court,
District of Montana, opinion and order (Western Organization of
Resource Councils, et al vs BLM). This notice announces the beginning
of the scoping process to solicit public comments and identify issues
presented in the opinion and order.
DATES: To ensure that we can adequately consider all comments, the
[[Page 61166]]
BLM must receive written comments by December 28, 2018. The BLM will
announce a public scoping meeting during this period through local news
media, newsletters, our ePlanning website, and the BLM website (https://www.blm.gov/wyoming) at least 15 days prior to the meeting. The BLM
will provide additional opportunities for public participation upon
publication of the Draft Supplemental EIS.
ADDRESSES: You may submit comments on issues, planning criteria, and
resource information by any of the following methods:
Website: https://go.usa.gov/x9PT8.
Mail: Buffalo RMP SEIS, Attn: Thomas Bills, Project
Manager, BLM Buffalo Field Office, 1425 Fort Street, Buffalo, WY 82834.
FOR FURTHER INFORMATION CONTACT: Thomas (Tom) Bills, RMP Supplemental
EIS Project Manager; Telephone 307-684-1133; or at the above mailing
address or website. Persons who use a telecommunications device for the
deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339
to contact the above individual during normal business hours. The FRS
is available 24 hours a day, seven days a week, to leave a message or
question with the above individual. You will receive a reply during
normal business hours.
SUPPLEMENTARY INFORMATION: The BLM is preparing this Supplemental EIS
in response to a United States District Court of Montana opinion and
order (Western Organization of Resource Councils, et al. v. BLM; CV 16-
21-GF-BMM; 3/26/2018 and 7/31/2018).
In September 2015, the BLM approved the Record of Decision for
Approved RMPs and Amendments in the Rocky Mountain Region, which
included Wyoming's Buffalo Field Office. The 2015 Buffalo Approved RMP
provides a single, comprehensive land use plan that guides management
of BLM-administered lands and minerals in the Buffalo Field Office. The
plan provides goals, objectives, land use allocations, and management
direction for the BLM-administered surface and mineral estate based on
the BLM's multiple use and sustained yield mission, unless otherwise
specified by law (FLPMA Sec. 102(c), 43 U.S.C. 1701 et seq.). The
Buffalo Field Office manages approximately 800,000 acres of surface
land and 4.7 million acres of mineral estate in Campbell, Johnson, and
Sheridan counties in north-central Wyoming.
On March 26, 2018, the U.S. District Court concluded: (1) NEPA
requires the BLM to consider an alternative that would decrease the
amount of coal potentially available for leasing, which requires
updated coal screening that considers climate change impacts to assess
the amount of recoverable coal available in the Approved RMP; (2) the
BLM must supplement the Buffalo Final EIS with an analysis of the
environmental consequences of downstream combustion of federal coal,
oil, and gas open to development under the RMP; and (3) The BLM must
provide additional justification and analysis of global warming
potential over an appropriate planning period consistent with evolving
science. The purpose of this public scoping process is to solicit
public input that will influence the scope of the Buffalo Supplemental
EIS with respect to the U.S. District Court's determinations.
There are currently 13 operating coal mines in the planning area.
All are in Campbell County (part of the Antelope Mine is in Converse
County). There are presently two proposed mining operations on existing
Federal coal leases or on privately owned coal in the planning area.
One of these proposed mining operations is located in Sheridan County.
All of the existing or proposed mining operations are surface coal
mines, using truck/shovel or dragline mining methods.
The 2015 Buffalo RMP relied on coal screening completed during a
2001 RMP update. The 2001 screening reviewed 567,200 acres in two areas
identified as acceptable for potential coal leasing in the Buffalo
Field Office (494,000 acres in Campbell County and 73,200 acres in
Sheridan County), containing an estimated 50.25 billion tons of coal.
Based on the update, the BLM determined that 63,600 acres containing
more than 6.2 billion tons of coal are unsuitable for surface coal
mining operations, while the remainder of the coal lands in these areas
remains available for further consideration for coal leasing. The BLM
completed and documented surface owner consultation. The BLM estimates
about 26 billion tons of coal would be developed under the Approved RMP
in the areas made available for coal leasing under the 2001 coal
screening. Since 1985, about 10.8 billion tons of coal within the
planning area either were leased or are under consideration for
leasing. The BLM has projected that the areas it screened and deemed
acceptable for leasing will meet the anticipated demand for coal
reserves. The BLM determined a new coal screening is not necessary in
the Buffalo Field Office because no new lands have been nominated for
analysis since the previous screenings, but BLM Wyoming will analyze
the downstream impacts of developing federal minerals.
Call for Coal and Other Resource Information
The BLM requests that industry, state and local governments, and
the public provide relevant coal resource data that can help inform
this planning effort. Specifically, the BLM requests information on the
development potential (e.g., location, quality, and quantity) of BLM-
administered coal mineral estate, and on surface resource values
related to multiple use conflicts.
The purpose of this request is to ensure BLM Wyoming has sufficient
information and data to consider a reasonable range of resource uses,
management options, and alternatives for managing BLM-administered coal
mineral estate. The BLM will use this information to complete the
Supplemental EIS and formulate alternatives that identify areas
acceptable for further leasing consideration.
Proprietary data marked as confidential may be submitted in
response to this call for coal and other resource information. Please
submit all proprietary information to the Buffalo Field Manager at the
address listed above. The BLM will treat submissions marked as
``Confidential'' in accordance with the laws and regulations governing
the confidentiality of such information.
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, the BLM cannot guarantee that it will
be able to do so.
Authority: 43 CFR 1610.2(c) and 3420.1-2.
Dated: November 16, 2018.
Mary Jo Rugwell,
State Director.
[FR Doc. 2018-25845 Filed 11-27-18; 8:45 am]
BILLING CODE 4310-22-P