Filing of Plats of Survey: California, 12273-12274 [2019-06277]
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Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices
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 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,
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
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17:22 Mar 29, 2019
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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
Minnesota Chippewa Tribe, Minnesota,
Fond du Lac Band.
Dated: March 6, 2019.
Tara Sweeney,
Assistant Secretary, Indian Affairs.
[FR Doc. 2019–06295 Filed 3–29–19; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/AAKC001030/
A0A501010.999900253G]
Indian Gaming; Approval of TribalState Class III Gaming Compact
Amendment in the State of South
Dakota
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
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12273
This notice publishes the
approval of the Amended Gaming
Compact between the SissetonWahpeton Oyate of the Lake Traverse
Reservation (Tribe) and the State of
South Dakota (Amendment).
DATES: The compact amendment takes
effect on April 1, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
(202) 219–4066.
SUPPLEMENTARY INFORMATION: Under
section 11 of the Indian Gaming
Regulatory Act (IGRA) Public Law 100–
497, 25 U.S.C. 2701 et seq., the
Secretary of the Interior shall publish in
the Federal Register notice of approved
Tribal-State compacts for the purpose of
engaging in Class III gaming activities
on Indian lands. As required by 25 CFR
293.4, all compacts and amendments are
subject to review and approval by the
Secretary. The Amendment increases
the number of slot machines the Tribe
may operate, decreases certain
regulatory costs for emergency services
agreements, and eliminates tribal
contributions paid from pari-mutuel
gaming to schools. The Amendment is
approved.
SUMMARY:
Dated: March 13, 2019.
John Tahsuda,
Principal Deputy Assistant Secretary, Indian
Affairs.
[FR Doc. 2019–06296 Filed 3–29–19; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCA942000 L57000000.BX0000 18X
L5017AR; MO#4500132333]
Filing of Plats of Survey: California
Bureau of Land Management,
Interior.
ACTION: Notice of official filing.
AGENCY:
The plats of survey of lands
described in this notice are scheduled to
be officially filed in the Bureau of Land
Management (BLM), California State
Office, Sacramento, California, 30
calendar days from the date of this
publication. The surveys, which were
executed at the request of the U.S.
Forest Service and the Bureau of Land
Management, are necessary for the
management of these lands.
DATES: Unless there are protests to this
action, the plats described in this notice
will be filed on May 1, 2019.
SUMMARY:
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Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices
You may submit written
protests to the BLM California State
Office, Cadastral Survey, 2800 Cottage
Way, W–1623, Sacramento, CA 95825.
A copy of the plats may be obtained
from the BLM California State Office,
Public Room, 2800 Cottage Way, W–
1623, Sacramento, California 95825,
upon required payment.
ADDRESSES:
Jon
Kehler, Chief, Branch of Cadastral
Survey, Bureau of Land Management,
California State Office, 2800 Cottage
Way, W–1623, Sacramento, California
95825; 1–916–978–4323; jkehler@
blm.gov. Persons who use a
telecommunications device for the deaf
may call the Federal Relay Service (FRS)
at 1–800–877–8339 to contact the above
individual during normal business
hours. The Service 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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
The lands
surveyed are:
Mount Diablo Meridian, California
T. 27 N, R. 13 E, dependent resurvey and
subdivision, accepted March 5, 2019.
T. 14 N, R. 5 W, dependent resurvey,
subdivision and metes-and-bounds
survey, accepted March 7, 2019.
A person or party who wishes to
protest one or more plats of survey must
file a written notice of protest within 30
calendar days from the date of this
publication at the address listed in the
ADDRESSES section of this notice. Any
notice of protest received after the due
date will be untimely and will not be
considered. A written statement of
reasons in support of a protest, if not
filed with the notice of protest, must be
filed at the same address within 30
calendar days after the notice of protest
is filed. If a protest against the survey is
received prior to the date of official
filing, the filing will be stayed pending
consideration of the protest. A plat will
not be officially filed until the day after
all protests have been dismissed or
otherwise resolved.
Before including your address, phone
number, email address, or other
personal identifying information in your
notice of protest or statement of reasons,
you should be aware that the documents
you submit—including your personal
identifying information—may be made
publicly available at any time. While
you can ask the BLM to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so.
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Authority: 43 U.S.C., Chapter 3.
Jon L. Kehler,
Chief Cadastral Surveyor.
[FR Doc. 2019–06277 Filed 3–29–19; 8:45 am]
BILLING CODE 4310–40–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NAGPRA–NPS0027398;
PPWOCRADN0–PCU00RP14.R50000]
Notice of Inventory Completion: Sam
Noble Oklahoma Museum of Natural
History, Norman, OK
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
The Sam Noble Oklahoma
Museum of Natural History (Museum) at
the University of Oklahoma 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 a cultural affiliation between the
human remains and associated funerary
objects and present-day Indian Tribes or
Native Hawaiian organizations. Lineal
descendants or 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 Museum. If no additional
requestors come forward, transfer of
control of the human remains and
associated funerary objects to the lineal
descendants, Indian Tribes, or Native
Hawaiian organizations stated in this
notice may proceed.
DATES: Lineal descendants or
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 Sam Noble Oklahoma
Museum of Natural History at the
address in this notice by May 1, 2019.
ADDRESSES: Dr. Marc Levine, Assistant
Curator of Archaeology, Sam Noble
Oklahoma Museum of Natural History,
University of Oklahoma, 2401
Chautauqua Avenue, Norman, OK
73072–7029, telephone (405) 325–1994,
email mlevine@ou.edu.
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
SUMMARY:
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of human remains and associated
funerary objects under the control of the
Sam Noble Oklahoma Museum of
Natural History, Norman, OK. The
human remains and associated funerary
objects were removed from the
following counties in the State of
Oklahoma: Cherokee, Delaware, Haskell,
Hughes, Latimer, McClain, Muskogee,
Oklahoma, Payne, and Pontotoc.
This notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA, 25
U.S.C. 3003(d)(3). 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 and
associated funerary objects. 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 Sam Noble
Oklahoma Museum of Natural History
professional staff in consultation with
representatives of the Caddo Nation of
Oklahoma and the Wichita and
Affiliated Tribes (Wichita, Keechi, Waco
& Tawakonie), Oklahoma.
History and Description of the Remains
In 1939, human remains representing,
at minimum, 21 individuals were
removed from the Brackett site
(34Ck43), located along the Illinois
River in Cherokee County, OK. The
excavations were carried out by the
Works Progress Administration, and
cultural materials were subsequently
donated to the Museum on an unknown
date.
The human remains include bone
fragments and/or teeth of one child, 4–
6 years old; one child, 7–9 years old;
one adolescent, 12–20 years old of
indeterminate sex; one adolescent or
young adult of indeterminate sex; one
adult, greater than 20 years old,
probably a male; one adult, greater than
20 years old of indeterminate sex; one
young adult, 20–35 years old of
indeterminate sex; one middle-aged
adult, 35–50 years old of indeterminate
sex; and one older adult, greater than 50
years old of indeterminate sex. The
remains also include two commingled
sets of remains: One containing an
adolescent and one adult male, and the
other containing one young adult, 20–35
years old, and one middle-aged adult,
35–50 years old, both of indeterminate
sex. No known individuals were
identified. The 78 associated funerary
objects are one stone double-bit axe, one
stone biface, four stone blade fragments,
one quartzite core, one stone core
fragment, six stone flakes, one chipped-
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[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Notices]
[Pages 12273-12274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06277]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCA942000 L57000000.BX0000 18X L5017AR; MO#4500132333]
Filing of Plats of Survey: California
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of official filing.
-----------------------------------------------------------------------
SUMMARY: The plats of survey of lands described in this notice are
scheduled to be officially filed in the Bureau of Land Management
(BLM), California State Office, Sacramento, California, 30 calendar
days from the date of this publication. The surveys, which were
executed at the request of the U.S. Forest Service and the Bureau of
Land Management, are necessary for the management of these lands.
DATES: Unless there are protests to this action, the plats described in
this notice will be filed on May 1, 2019.
[[Page 12274]]
ADDRESSES: You may submit written protests to the BLM California State
Office, Cadastral Survey, 2800 Cottage Way, W-1623, Sacramento, CA
95825. A copy of the plats may be obtained from the BLM California
State Office, Public Room, 2800 Cottage Way, W-1623, Sacramento,
California 95825, upon required payment.
FOR FURTHER INFORMATION CONTACT: Jon Kehler, Chief, Branch of Cadastral
Survey, Bureau of Land Management, California State Office, 2800
Cottage Way, W-1623, Sacramento, California 95825; 1-916-978-4323;
[email protected]. Persons who use a telecommunications device for the
deaf may call the Federal Relay Service (FRS) at 1-800-877-8339 to
contact the above individual during normal business hours. The Service
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: The lands surveyed are:
Mount Diablo Meridian, California
T. 27 N, R. 13 E, dependent resurvey and subdivision, accepted March
5, 2019.
T. 14 N, R. 5 W, dependent resurvey, subdivision and metes-and-
bounds survey, accepted March 7, 2019.
A person or party who wishes to protest one or more plats of survey
must file a written notice of protest within 30 calendar days from the
date of this publication at the address listed in the ADDRESSES section
of this notice. Any notice of protest received after the due date will
be untimely and will not be considered. A written statement of reasons
in support of a protest, if not filed with the notice of protest, must
be filed at the same address within 30 calendar days after the notice
of protest is filed. If a protest against the survey is received prior
to the date of official filing, the filing will be stayed pending
consideration of the protest. A plat will not be officially filed until
the day after all protests have been dismissed or otherwise resolved.
Before including your address, phone number, email address, or
other personal identifying information in your notice of protest or
statement of reasons, you should be aware that the documents you
submit--including your personal identifying information--may be made
publicly available at any time. While you can ask the BLM to withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Authority: 43 U.S.C., Chapter 3.
Jon L. Kehler,
Chief Cadastral Surveyor.
[FR Doc. 2019-06277 Filed 3-29-19; 8:45 am]
BILLING CODE 4310-40-P
