Indian Gaming; Approval of Tribal-State Class III Gaming Compact Amendment in the State of South Dakota, 12273 [2019-06296]

Download as PDF 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 VerDate Sep<11>2014 17:22 Mar 29, 2019 Jkt 247001 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: PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 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: E:\FR\FM\01APN1.SGM 01APN1

Agencies

[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Notices]
[Page 12273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06296]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[190A2100DD/AAKC001030/A0A501010.999900253G]


Indian Gaming; Approval of Tribal-State Class III Gaming Compact 
Amendment in the State of South Dakota

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the approval of the Amended Gaming 
Compact between the Sisseton-Wahpeton 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.

    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