National Register of Historic Places; Notification of Pending Nominations and Related Actions, 20426-20427 [2019-09539]
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20426
Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Notices
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
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)
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(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 Pueblo
of Isleta, New Mexico.
DEPARTMENT OF THE INTERIOR
Dated: April 17, 2019.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
Nodaway County
Fields, John and Fannie, House, 227
McKenzie St., Barnard, SG100004018
[FR Doc. 2019–09608 Filed 5–8–19; 8:45 am]
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National Park Service
[NPS–WASO–NRNHL–DTS#-27818;
PPWOCRADI0, PCU00RP14.R50000]
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
The National Park Service is
soliciting comments on the significance
of properties nominated before April 27,
2019, for listing or related actions in the
National Register of Historic Places.
DATES: Comments should be submitted
by May 24, 2019.
ADDRESSES: Comments may be sent via
U.S. Postal Service and all other carriers
to the National Register of Historic
Places, National Park Service, 1849 C St.
NW, MS 7228, Washington, DC 20240.
SUPPLEMENTARY INFORMATION: The
properties listed in this notice are being
considered for listing or related actions
in the National Register of Historic
Places. Nominations for their
consideration were received by the
National Park Service before April 27,
2019. Pursuant to Section 60.13 of 36
CFR part 60, written comments are
being accepted concerning the
significance of the nominated properties
under the National Register criteria for
evaluation.
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.
Nominations submitted by State
Historic Preservation Officers:
SUMMARY:
IOWA
Cedar County
Downey School, 212 Broadway St., Downey,
SG100004017
MISSOURI
MONTANA
Silver Bow County
Silver Bow Airway Beacon (Sentinels of the
Airways: Montana’s Airway Beacon
System, 1934–1979 MPS), Address
Restricted, Ramsay, MP100004023
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Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Notices
Fairview Rd., Aycock St., Scales St. and
Williamson Dr., Raleigh, AD02000496
NEW YORK
Erie County
Buffalo Public School No. 51 (Black Rock
Planning Neighborhood MPS), 101 Hertel
Ave., Buffalo, MP100004010
Seneca Plumbing and Heating Company
Building, 192 Seneca St., Buffalo,
SG100004011
Dated: April 30, 2019.
Kathryn G. Smith,
Acting Chief, National Register of Historic
Places/National Historic Landmarks Program.
Niagara County
[FR Doc. 2019–09539 Filed 5–8–19; 8:45 am]
First Presbyterian Church of Lewiston and
Lewiston Village Cemetery, 505 Cayuga St.,
Outerlot 17 Cayuga & Outerlot 18 Seneca,
Lewiston, SG100004012
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PENNSYLVANIA
INTERNATIONAL TRADE
COMMISSION
Allegheny County
Lawrenceville Historic District, Roughly
bounded by 33rd St, Allegheny R, 55th St.,
Allegheny Cemetery, Penn Ave., 40th St.,
Liberty Ave., and Sassafras St., Pittsburgh
City, SG100004020
Miller, Andrew S. and Elizabeth, House, 366
Lincoln Ave., Bellevue, SG100004021
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
TEXAS
SUMMARY:
Cameron County
Central Brownsville Historic District,
Roughly bounded by E. Levee, E. 10th, E.
Monroe, E. 14th & E. 15th Sts. & 2 blk.
Extension along 800 & 900 blks. of E.
Elizabeth St., Brownsville, SG100004008
Uvalde County
Uvalde Downtown Historic District, Centered
around jct. of US 90 & US 83, roughly
bounded by School Ln., Hornby Pl., 2nd
Alley & High St., Uvalde, SG100004009
WISCONSIN
Door County
ADVANCE shipwreck (Barge), (Great Lakes
Shipwreck Sites of Wisconsin MPS), 0.1
mi. E. of Sand Bay Peninsula, Sand Bay,
Nasewaupee vicinity, MP100004024
Sauk County
Nisham, Freda Meyers, Memorial Chapel,
1000 Myrtle St., Reedsburg, SG100004016
A request for removal has been made for
the following resource:
IOWA
Benton County
Round Barn, Bruce Township Section 6
(Iowa Round Barns: The Sixty Year
Experiment TR), W of US 218, La Porte
vicinity, OT86001416
Additional documentation has been
received for the following resources:
ARKANSAS
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Authority: Section 60.13 of 36 CFR part
60.
Benton County
Gypsy Camp Historic District (Benton County
MRA), Off AR 59, Siloam Springs vicinity,
AD87002425
NORTH CAROLINA
Wake County
Hayes Barton Historic District (Five Points
Neighborhoods, Raleigh, North Carolina
MPS), Roughly bounded by St. Mary’s St.,
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U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Replacement
Automotive Service and Collision Parts
and Components Thereof, DN 3386; the
Commission is soliciting comments on
any public interest issues raised by the
complaint or complainant’s filing
pursuant to the Commission’s Rules of
Practice and Procedure.
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Secretary to the Commission,
U.S. International Trade Commission,
500 E Street SW, Washington, DC
20436, telephone (202) 205–2000. The
public version of the complaint can be
accessed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov,
and will be available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server at United
States International Trade Commission
(USITC) at https://www.usitc.gov . The
public record for this investigation may
be viewed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission has received a complaint
and a submission pursuant to § 210.8(b)
of the Commission’s Rules of Practice
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20427
and Procedure filed on behalf of
Hyundai Motor America, Inc., and
Hyundai Motor Company on May 3,
2019. The complaint alleges violations
of section 337 of the Tariff Act of 1930
(19 U.S.C. 1337) in the importation into
the United States, the sale for
importation, and the sale within the
United States after importation of
certain replacement automotive service
and collision parts and components
thereof. The complaint names as
respondents: Direct Technologies
International, Inc. d/b/a DTI, Inc. of
North Miami Beach, FL; AJ Auto Spare
Parts FZE of Dubai, United Arab
Emirates; John Auto Spare Parts Co. LLC
of Sharjah, United Arab Emirates; and
Cuong Anh Co. Ltd. of Vietnam. The
complainant requests that the
Commission issue a limited exclusion
order, cease and desist orders, and
impose a bond upon respondents’
alleged infringing articles during the 60day Presidential review period pursuant
to 19 U.S.C. 1337(j).
Proposed respondents, other
interested parties, and members of the
public are invited to file comments, not
to exceed five (5) pages in length,
inclusive of attachments, on any public
interest issues raised by the complaint
or § 210.8(b) filing. Comments should
address whether issuance of the relief
specifically requested by the
complainant in this investigation would
affect the public health and welfare in
the United States, competitive
conditions in the United States
economy, the production of like or
directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the requested
remedial orders are used in the United
States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the requested
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
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Agencies
[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Notices]
[Pages 20426-20427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09539]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-WASO-NRNHL-DTS#-27818; PPWOCRADI0, PCU00RP14.R50000]
National Register of Historic Places; Notification of Pending
Nominations and Related Actions
AGENCY: National Park Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The National Park Service is soliciting comments on the
significance of properties nominated before April 27, 2019, for listing
or related actions in the National Register of Historic Places.
DATES: Comments should be submitted by May 24, 2019.
ADDRESSES: Comments may be sent via U.S. Postal Service and all other
carriers to the National Register of Historic Places, National Park
Service, 1849 C St. NW, MS 7228, Washington, DC 20240.
SUPPLEMENTARY INFORMATION: The properties listed in this notice are
being considered for listing or related actions in the National
Register of Historic Places. Nominations for their consideration were
received by the National Park Service before April 27, 2019. Pursuant
to Section 60.13 of 36 CFR part 60, written comments are being accepted
concerning the significance of the nominated properties under the
National Register criteria for evaluation.
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.
Nominations submitted by State Historic Preservation Officers:
IOWA
Cedar County
Downey School, 212 Broadway St., Downey, SG100004017
MISSOURI
Nodaway County
Fields, John and Fannie, House, 227 McKenzie St., Barnard,
SG100004018
MONTANA
Silver Bow County
Silver Bow Airway Beacon (Sentinels of the Airways: Montana's Airway
Beacon System, 1934-1979 MPS), Address Restricted, Ramsay,
MP100004023
[[Page 20427]]
NEW YORK
Erie County
Buffalo Public School No. 51 (Black Rock Planning Neighborhood MPS),
101 Hertel Ave., Buffalo, MP100004010
Seneca Plumbing and Heating Company Building, 192 Seneca St.,
Buffalo, SG100004011
Niagara County
First Presbyterian Church of Lewiston and Lewiston Village Cemetery,
505 Cayuga St., Outerlot 17 Cayuga & Outerlot 18 Seneca, Lewiston,
SG100004012
PENNSYLVANIA
Allegheny County
Lawrenceville Historic District, Roughly bounded by 33rd St,
Allegheny R, 55th St., Allegheny Cemetery, Penn Ave., 40th St.,
Liberty Ave., and Sassafras St., Pittsburgh City, SG100004020
Miller, Andrew S. and Elizabeth, House, 366 Lincoln Ave., Bellevue,
SG100004021
TEXAS
Cameron County
Central Brownsville Historic District, Roughly bounded by E. Levee,
E. 10th, E. Monroe, E. 14th & E. 15th Sts. & 2 blk. Extension along
800 & 900 blks. of E. Elizabeth St., Brownsville, SG100004008
Uvalde County
Uvalde Downtown Historic District, Centered around jct. of US 90 &
US 83, roughly bounded by School Ln., Hornby Pl., 2nd Alley & High
St., Uvalde, SG100004009
WISCONSIN
Door County
ADVANCE shipwreck (Barge), (Great Lakes Shipwreck Sites of Wisconsin
MPS), 0.1 mi. E. of Sand Bay Peninsula, Sand Bay, Nasewaupee
vicinity, MP100004024
Sauk County
Nisham, Freda Meyers, Memorial Chapel, 1000 Myrtle St., Reedsburg,
SG100004016
A request for removal has been made for the following resource:
IOWA
Benton County
Round Barn, Bruce Township Section 6 (Iowa Round Barns: The Sixty
Year Experiment TR), W of US 218, La Porte vicinity, OT86001416
Additional documentation has been received for the following
resources:
ARKANSAS
Benton County
Gypsy Camp Historic District (Benton County MRA), Off AR 59, Siloam
Springs vicinity, AD87002425
NORTH CAROLINA
Wake County
Hayes Barton Historic District (Five Points Neighborhoods, Raleigh,
North Carolina MPS), Roughly bounded by St. Mary's St., Fairview
Rd., Aycock St., Scales St. and Williamson Dr., Raleigh, AD02000496
Authority: Section 60.13 of 36 CFR part 60.
Dated: April 30, 2019.
Kathryn G. Smith,
Acting Chief, National Register of Historic Places/National Historic
Landmarks Program.
[FR Doc. 2019-09539 Filed 5-8-19; 8:45 am]
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