HEARTH Act Approval of Menominee Indian Tribe of Wisconsin Regulations, 55582-55583 [2019-22681]
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Notices
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq).
Thomas Beard,
Chief, National Climate Adaptation Science
Center.
[FR Doc. 2019–22610 Filed 10–16–19; 8:45 am]
BILLING CODE 4338–11–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/AAKC001030/
A0A501010.999900]
HEARTH Act Approval of Menominee
Indian Tribe of Wisconsin Regulations
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
On July 25, 2019, the Bureau
of Indian Affairs (BIA) approved the
Menominee Indian Tribe of Wisconsin
(Tribe) Leasing Regulations under the
Helping Expedite and Advance
Responsible Tribal Homeownership Act
of 2012 (HEARTH Act). With this
approval, the Tribe is authorized to
enter into agricultural, residential,
business, and other authorized purposes
leases without further BIA approval.
FOR FURTHER INFORMATION CONTACT: Ms.
Sharlene Round Face, Bureau of Indian
Affairs, Division of Real Estate Services,
1849 C Street NW, MS 4624–MIB,
Washington, DC at (505) 563–3132.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Summary of the HEARTH Act
The HEARTH Act makes a voluntary,
alternative land leasing process
available to Tribes, by amending the
Indian Long-Term Leasing Act of 1955,
25 U.S.C. 415. The HEARTH Act
authorizes Tribes to negotiate and enter
into agricultural and business leases of
Tribal trust lands with a primary term
of 25 years, and up to two renewal terms
of 25 years each, without the approval
of the Secretary of the Interior
(Secretary). The HEARTH Act also
authorizes Tribes to enter into leases for
residential, recreational, religious or
educational purposes for a primary term
of up to 75 years without the approval
of the Secretary. Participating Tribes
develop Tribal leasing regulations,
including an environmental review
process, and then must obtain the
Secretary’s approval of those regulations
prior to entering into leases. The
HEARTH Act requires the Secretary to
approve Tribal regulations if the Tribal
regulations are consistent with the
Department of the Interior’s
VerDate Sep<11>2014
17:26 Oct 16, 2019
Jkt 250001
(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
Menominee Indian Tribe of Wisconsin.
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 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 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
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
surface leasing regulations, 77 FR at
72447–48, 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
retains authority to take any necessary
E:\FR\FM\17OCN1.SGM
17OCN1
Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Notices
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
Menominee Indian Tribe of Wisconsin.
Dated: July 25, 2019.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2019–22681 Filed 10–16–19; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–PWRO–TUSK–28830; PPPWTUSK00,
PPMPSPD1Z.YM0000]
Tule Springs Fossil Beds National
Monument Advisory Council Notice of
Public Meeting
National Park Service, Interior.
ACTION: Meeting notice.
AGENCY:
In accordance with the
Federal Advisory Committee Act of
1972, the National Park Service is
hereby giving notice that the Tule
Springs Fossil Beds National Monument
Advisory Council (Council) will meet as
indicated below.
DATES: The meeting will be held on
Monday, November 4, 2019, at 5:00 p.m.
(PACIFIC).
ADDRESSES: The meeting will be held at
the Federal Interagency Office Building,
4701 N Torrey Pines Road, Las Vegas,
Nevada 89130–2301.
FOR FURTHER INFORMATION CONTACT:
Further information concerning the
meeting may be obtained from Diane
Keith, Superintendent, Tule Springs
Fossil Beds National Monument, 601
Nevada Way, Boulder City, Nevada
89005, via telephone at (702) 515–5462,
or email at tusk_information@nps.gov.
SUPPLEMENTARY INFORMATION: The
Council was established pursuant to
Section 3092(a)(6) of Public Law 113–
291 and in accordance with the
provisions of the Federal Advisory
SUMMARY:
VerDate Sep<11>2014
17:26 Oct 16, 2019
Jkt 250001
Committee Act (5 U.S.C. Appendix 1–
16). The purpose of the Council is to
advise the Secretary of the Interior with
respect to the preparation and
implementation of the management
plan.
Purpose of the Meeting: The Council
agenda will include the status of the
park’s Foundation Document and
General Management Plan, the Desert
National Wildlife Refuge Visitor Center
exhibit installation, Project CARE,
subcommittee projects, and a
presentation by the Las Vegas Wash
Coordination Committee.
The meeting is open to the public.
Interested persons may make oral/
written presentations to the Council
during the business meeting or file
written statements. Such requests
should be made to the Superintendent
prior to the meeting.
Public Disclosure of Comments:
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.
Authority: 5 U.S.C. Appendix 2.
Michael Shelton,
Program Analyst, Office of Policy.
[FR Doc. 2019–22657 Filed 10–16–19; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
Institution of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
August 9, 2019, under section 337 of the
Tariff Act of 1930, as amended, on
behalf of Innovation Sciences LLC of
Plano, Texas. A supplement to the
complaint was filed on August 26, 2019.
The complaint alleges violations of
section 337 based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain wireless communication
devices, and related components thereof
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
by reason of infringement of certain
claims of U.S. Patent No. 10,136,179
(‘‘the ’179 patent’’) and U.S. Patent No.
10,104,425 (‘‘the ’425 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by the applicable Federal
Statute.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and a cease and
desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is 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, Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov. The public
record for this investigation may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S.
International Trade Commission,
telephone (202) 205–2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2019).
[Investigation No. 337–TA–1180]
SUMMARY:
55583
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
October 9, 2019, Ordered That—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain products
identified in paragraph (2) by reason of
infringement of one or more of claims
1–3, 5, 6, 9, 11, 12, and 14–18 of the
’179 patent and claims 14–18 and 45–
48 of the ’425 patent; and whether an
industry in the United States exists as
E:\FR\FM\17OCN1.SGM
17OCN1
]]>Agencies
[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Pages 55582-55583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22681]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/AAKC001030/A0A501010.999900]
HEARTH Act Approval of Menominee Indian Tribe of Wisconsin
Regulations
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On July 25, 2019, the Bureau of Indian Affairs (BIA) approved
the Menominee Indian Tribe of Wisconsin (Tribe) Leasing Regulations
under the Helping Expedite and Advance Responsible Tribal Homeownership
Act of 2012 (HEARTH Act). With this approval, the Tribe is authorized
to enter into agricultural, residential, business, and other authorized
purposes leases without further BIA approval.
FOR FURTHER INFORMATION CONTACT: Ms. Sharlene Round Face, Bureau of
Indian Affairs, Division of Real Estate Services, 1849 C Street NW, MS
4624-MIB, Washington, DC at (505) 563-3132.
SUPPLEMENTARY INFORMATION:
I. Summary of the HEARTH Act
The HEARTH Act makes a voluntary, alternative land leasing process
available to Tribes, by amending the Indian Long-Term Leasing Act of
1955, 25 U.S.C. 415. The HEARTH Act authorizes Tribes to negotiate and
enter into agricultural and business leases of Tribal trust lands with
a primary term of 25 years, and up to two renewal terms of 25 years
each, without the approval of the Secretary of the Interior
(Secretary). The HEARTH Act also authorizes Tribes to enter into leases
for residential, recreational, religious or educational purposes for a
primary term of up to 75 years without the approval of the Secretary.
Participating Tribes develop Tribal leasing regulations, including an
environmental review process, and then must obtain the Secretary's
approval of those regulations prior to entering into leases. The HEARTH
Act requires the Secretary to approve Tribal regulations if the Tribal
regulations are consistent with the 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 Menominee Indian Tribe of Wisconsin.
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 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 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 72447-48, 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 retains authority
to take any necessary
[[Page 55583]]
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
Menominee Indian Tribe of Wisconsin.
Dated: July 25, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2019-22681 Filed 10-16-19; 8:45 am]
BILLING CODE 4337-15-P
