Land Acquisitions; San Pasqual Band of Diegueno Mission Indians of California, 38920-38921 [2020-13887]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 38920 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices 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, 799 F.3d 1324, 1331, 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.’’ H. Rep. 112–427 at 6 (2012). 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 VerDate Sep<11>2014 20:25 Jun 26, 2020 Jkt 250001 Indian Community, 572 U.S. 782, 810 (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 810–11 (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 Fort Belknap Indian Community of the Fort Belknap Reservation of Montana. DEPARTMENT OF THE INTERIOR Tara Sweeney, Assistant Secretary—Indian Affairs. Parcel 2 An easement for road and utility purposes over the Southerly 15 feet of the Northerly 312.74 feet measured at right angles of said Southeast quarter of the Northwest quarter of said Section. [FR Doc. 2020–13885 Filed 6–26–20; 8:45 am] BILLING CODE 4337–15–P PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 Bureau of Indian Affairs [190A2100DD/AAKC001030/A0A51010. 999900] Land Acquisitions; San Pasqual Band of Diegueno Mission Indians of California Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: The Assistant Secretary— Indian Affairs has made a final determination to acquire 29 acres, more or less into trust for the San Pasqual Band of Diegueno Mission Indians of California on May 15, 2020. FOR FURTHER INFORMATION CONTACT: Ms. Sharlene M. Round Face, Bureau of Indian Affairs, Division of Real Estate Services, 1849 C Street NW, MS–4642– MIB, Washington, DC 20240, telephone (202) 208–3615. SUPPLEMENTARY INFORMATION: This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary— Indian Affairs by part 209 of the Departmental Manual, and is published to comply with the requirement of 25 CFR 151.12(c)(2)(ii) that notice of the decision to acquire land in trust be promptly published in the Federal Register. On llll, the Assistant Secretary—Indian Affairs issued a decision to accept land in trust for the San Pasqual Band of Diegueno Mission Indians of California under the authority of Section 5 of the Indian Reorganization Act of 1934 (48 Stat. 984). SUMMARY: San Pasqual Band of Diegueno Mission Indians of California, County of San Diego, California Legal Description Containing 29 Acres, More or Less Parcel 1 The Southeast quarter of the Northwest quarter of Section 22, Township 11 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the United States Government Survey. Except the Northerly 312.74 feet measured at right angles thereof. E:\FR\FM\29JNN1.SGM 29JNN1 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices Assessor’s Parcel Number: 189–181–13 The above described real property is identified in San Diego County records as Assessor’s Parcel Number 189–181– 13, containing 29 acres, more or less. available for selection will change on this real-time map as more lands become available and as allotments are applied for over the course of the program. (Authority: Public Law 116–9) Tara Sweeney, Assistant Secretary—Indian Affairs. [FR Doc. 2020–13887 Filed 6–26–20; 8:45 am] Ted A. Murphy, Acting State Director, Alaska. BILLING CODE 4337–15–P [FR Doc. 2020–13861 Filed 6–26–20; 8:45 am] BILLING CODE 4310–JA–P DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Bureau of Land Management Bureau of Land Management [20X.LLAK940000 L141000000.HM0000] Notice of Identification of Federal Land in Alaska Available for Allotment Selection Under the Alaska Native Veteran Program of 2019 Bureau of Land Management, Interior. ACTION: Notice of identified lands. AGENCY: In accordance with the John D. Dingell, Jr., Conservation, Management, and Recreation Act of 2019 (Dingell Act), the Bureau of Land Management (BLM) has identified Federal lands that are available for allotment selection by eligible individuals. By this notice, the BLM is announcing the availability of maps of the lands available for selection by eligible individuals. ADDRESSES: An interactive map of the land available for selection by eligible individuals can be accessed at https:// arcg.is/1HTrrO. FOR FURTHER INFORMATION CONTACT: Paul Krabacher, Alaska Native Veteran Program of 2019 Project Manager by telephone at 907–271–1310 or by mail at 222 West 7th Avenue #13, Anchorage, Alaska 99513. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1–800–877–8339 to contact Mr. Krabacher during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: The Dingell Act (Pub. L. 116–9, Sec. 1119) requires the BLM to identify Federal lands in the State of Alaska that are vacant, unappropriated, and unreserved, to make available for allotment selection by eligible individuals under the Dingell Act. In accordance with the Dingell Act, the BLM is providing an interactive map of the available Federal lands. An interactive map of available Federal lands can be found at the web address in the ADDRESSES section. Lands jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:25 Jun 26, 2020 Jkt 250001 [LLAK932000 L13100000 PD0000.OMB Control Number 1004–0196] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Oil and Gas Leasing: National Petroleum Reserve-Alaska Bureau of Land Management, Interior. ACTION: Notice of Information Collection; request for comment. AGENCY: In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Land Management (BLM) are proposing to renew an information collection. DATES: Interested persons are invited to submit comments on or before July 29, 2020. ADDRESSES: Written comments and recommendations for the proposed information collection renewal (ICR) should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain . Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Please provide a copy of your comments to Faith Bremner, U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW, Room 2134LM, Washington DC 20240; or by email to fbremner@blm.gov. Please reference Office of Management and Budget (OMB) Control Number 1004– 0196 in the subject line of your comments. SUMMARY: To request additional information about this ICR, contact Wayne Svejnoha at telephone: 907–271–4407, or email: wsvejnoh@blm.gov. Individuals who are hearing or speech impaired may call the Federal Relay Service at 1–800–877– 8339 for TTY assistance. You may also view the ICR at https://www.reginfo.gov/ public/do/PRAMain. You may also view FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 38921 the ICR at https://www.reginfo.gov/ public/do/PRAMain. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. A Federal Register notice with a 60day public comment period soliciting comments on this collection of information was published on April 9, 2020 (85 FR 19954). No comments were received. As part of our continuing effort to reduce paperwork and respondent burdens, we are again soliciting comments from the public and other Federal agencies on the proposed ICR that is described below. We are especially interested in public comment addressing the following: (1) Whether or not the collection of information is necessary for the proper performance of the functions of the agency, including whether or not the information will have practical utility; (2) The accuracy of our estimate of the burden for this collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) How might the agency minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of response. Comments that you submit in response to this notice are a matter of public record. 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. Abstract: This control number enables the BLM to obtain the information it E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Notices]
[Pages 38920-38921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13887]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[190A2100DD/AAKC001030/A0A51010.999900]


Land Acquisitions; San Pasqual Band of Diegueno Mission Indians 
of California

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Assistant Secretary--Indian Affairs has made a final 
determination to acquire 29 acres, more or less into trust for the San 
Pasqual Band of Diegueno Mission Indians of California on May 15, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Sharlene M. Round Face, Bureau of 
Indian Affairs, Division of Real Estate Services, 1849 C Street NW, MS-
4642-MIB, Washington, DC 20240, telephone (202) 208-3615.

SUPPLEMENTARY INFORMATION: This notice is published in the exercise of 
authority delegated by the Secretary of the Interior to the Assistant 
Secretary--Indian Affairs by part 209 of the Departmental Manual, and 
is published to comply with the requirement of 25 CFR 151.12(c)(2)(ii) 
that notice of the decision to acquire land in trust be promptly 
published in the Federal Register.
    On ____, the Assistant Secretary--Indian Affairs issued a decision 
to accept land in trust for the San Pasqual Band of Diegueno Mission 
Indians of California under the authority of Section 5 of the Indian 
Reorganization Act of 1934 (48 Stat. 984).

San Pasqual Band of Diegueno Mission Indians of California, County of 
San Diego, California

Legal Description Containing 29 Acres, More or Less

Parcel 1
    The Southeast quarter of the Northwest quarter of Section 22, 
Township 11 South, Range 1 West, San Bernardino Base and Meridian, in 
the County of San Diego, State of California, according to the United 
States Government Survey.
    Except the Northerly 312.74 feet measured at right angles thereof.
Parcel 2
    An easement for road and utility purposes over the Southerly 15 
feet of the Northerly 312.74 feet measured at right angles of said 
Southeast quarter of the Northwest quarter of said Section.

[[Page 38921]]

Assessor's Parcel Number: 189-181-13
    The above described real property is identified in San Diego County 
records as Assessor's Parcel Number 189-181-13, containing 29 acres, 
more or less.

Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-13887 Filed 6-26-20; 8:45 am]
BILLING CODE 4337-15-P