Land Acquisitions; Tejon Indian Tribe, 55471-55472 [2020-19705]
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jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 174 / Tuesday, September 8, 2020 / Notices
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,
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
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16:32 Sep 04, 2020
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[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
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
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55471
may be subject to taxation by the
Kickapoo Traditional Tribe of Texas.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2020–19704 Filed 9–4–20; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[201A2100DD/AAKC001030/
A0A51010.999900]
Land Acquisitions; Tejon Indian Tribe
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The Assistant Secretary—
Indian Affairs has made a final
determination to acquire 10.36 acres,
more or less, into trust for the Indians
of the Tejon Indian Tribe.
DATES: The Assistant Secretary—Indian
Affairs made the final determination on
September 1, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Sharlene M. Round Face, Bureau of
Indian Affairs, Division of Real Estate
Services, 1849 C Street NW, MS 4620–
MIB, Washington, DC 20240, telephone
(505) 563–3132, email:
sharlene.roundface@bia.gov.
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 date listed in the DATES section
of this notice, the Assistant Secretary—
Indian Affairs issued a decision to
accept land in trust for the Tejon Indian
Tribe under the authority of the 25
U.S.C. 5108, Indian Reorganization Act
of June 18, 1934 (48 Stat. 985).
SUMMARY:
Legal Description
THE NORTHERLY 589.34 FEET OF
SECTION 28, TOWNSHIP 12 NORTH,
RANGE 19 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO THE
OFFICIAL PLAT OF SURVEY OF SAID
LAND ON FILE IN THE BUREAU OF
LAND MANAGEMENT SITUATED
WEST OF THE WESTERLY LINE OF
WHEELER RIDGE ROAD AND SOUTH
OF THE SOUTHERLY LINE OF DAVID
ROAD, IN THE COUNTY OF KERN,
STATE OF CALIFORNIA.
E:\FR\FM\08SEN1.SGM
08SEN1
55472
Federal Register / Vol. 85, No. 174 / Tuesday, September 8, 2020 / Notices
EXCEPTING THEREFROM ALL OIL,
GAS AND OTHER HYDROCARBON
SUBSTANCES IN, ON AND UNDER
SAID LAND, AS RESERVED IN
PREVIOUS DEEDS OF RECORD.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
extent they are consistent with IGRA.
See 25 U.S.C. 2710(d)(8)(C).
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2020–19707 Filed 9–4–20; 8:45 am]
BILLING CODE 4337–15–P
[FR Doc. 2020–19705 Filed 9–4–20; 8:45 am]
DEPARTMENT OF THE INTERIOR
BILLING CODE 4337–15–P
Bureau of Indian Affairs
[201A2100DD/AAKC001030/
A0A51010.999900]
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Land Acquisitions; Jamestown
S’Klallam Tribe
[201A2100DD/AAKC001030/
A0A501010.999900253G]
Indian Gaming; Tribal-State Class III
Gaming Compacts Taking Effect in the
State of Oklahoma
AGENCY:
Bureau of Indian Affairs,
Interior.
ACTION:
Notice.
On July 1, 2020, the Kialegee
Tribal Town, and the United Keetoowah
Band of Cherokee Indians in Oklahoma,
respectively, submitted compacts with
the State of Oklahoma governing certain
forms of Class III gaming. This notice
announces that the Kialegee Tribal
Town and State of Oklahoma Gaming
Compact and the United Keetoowah
Band of Cherokee Indians and State of
Oklahoma Gaming Compact are taking
effect.
SUMMARY:
The compacts take effect
September 8, 2020.
DATES:
Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
paula.hart@bia.gov, (202) 219–4066.
FOR FURTHER INFORMATION CONTACT:
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 are subject to review
and approval by the Secretary. The
Secretary took no action on the Kialegee
Tribal Town and State of Oklahoma
Gaming Compact and the United
Keetoowah Band of Cherokee Indians
and State of Oklahoma Gaming Compact
within 45 days of their submission.
Therefore, the Compacts are considered
to have been approved, but only to the
jbell on DSKJLSW7X2PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:32 Sep 04, 2020
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
Jkt 250001
The Assistant Secretary—
Indian Affairs has made a final
determination to acquire 44.10 acres,
more or less, into trust for the
Jamestown S’Klallam Tribe.
DATES: The Assistant Secretary—Indian
Affairs made the final determination on
September 1, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Sharlene M. Round Face, Bureau of
Indian Affairs, Division of Real Estate
Services, 1001 Indian School Road NW,
Albuquerque, NM 87104, telephone
(505) 563–3132.
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 date listed in the DATES section
of this notice, the Assistant Secretary—
Indian Affairs issued a decision to
accept land in trust for the Jamestown
S’Klallam Tribe under the authority of
Section 5 of the Indian Reorganization
Act of 1934 (48 Stat. 984).
SUMMARY:
The Jamestown S’Klallam Tribe
Clallam County, Washington
Legal Description Containing 44.10
Acres, More or Less
Parcel 9
PARCELS 1, 2, 3, AND 7 OF SURVEY
RECORDED DECEMBER 22, 1989 IN
VOLUME 16 OF SURVEYS, PAGE 96,
UNDER AUDITOR’S FILE NO. 626555,
BEING A PORTION OF THE
SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION
32, TOWNSHIP 30 NORTH, RANGE 2
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
WEST, W.M., CLALLAM COUNTY,
WASHINGTON;
TOGETHER WITH THAT PORTION
OF THE NORTHWEST QUARTER OF
SAID SECTION 22, TOWNSHIP 30
NORTH, RANGE 2 WEST, W.M.,
AWARDED TO JAMESTOWN
S’KLALLAM TRIBE, A TRIBAL
GOVERNMENT, BY JUDGEMENT
FILED OCTOBER 4, 2017, IN CLALLAM
COUNTY SUPERIOR COURT CAUSE
NO. 17–2–00622–2.
TOGETHER WITH THOSE
PORTIONS LYING SOUTHERLY OF
THE LINE AS MONUMENTED,
DESCRIBED AND SHOWN ON SURVEY
RECORDED MARCH 16, 2018, IN
VOLUME 81 OF SURVEYS, PAGE 98,
UNDER CLALLAM COUNTY
RECORDING NO. 2018–1362091, AND
CONVEYED TO JAMESTOWN
S’KLALLAM TRIBE, A TRIBAL
GOVERNMENT, BY BOUNDARY
LOCATION AGREEMENT RECORDED
MARCH 16, 2018, UNDER CLALLAM
COUNTY AUDITOR’S FILE NO. 2018–
1362092.
EXCEPT THE EAST 8 FEET OF SAID
SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER.
AND EXCEPT THOSE PORTIONS
LYING NORTHERLY OF THE LINE AS
MONUMENTED, DESCRIBED AND
SHOWN ON SURVEY RECORDED
MARCH 16, 2018, IN VOLUME 81 OF
SURVEYS, PAGE 98, UNDER
CLALLAM COUNTY RECORDING NO.
2018–1362091, AND CONVEYED TO
DONALD KNAPP, BY BOUNDARY
LOCATION AGREEMENT RECORDED
MARCH 16, 2018, UNDER CLALLAM
COUNTY AUDITOR’S FILE NO. 2018–
1362092.
Parcel 10
PARCELS 4, 5, AND 6 OF SURVEY
RECORDED DECEMBER 22, 1989 IN
VOLUME 16 OF SURVEYS, PAGE 96,
UNDER AUDITOR’S FILE NO. 626555,
BEING A PORTION OF THE
SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION
32, TOWNSHIP 30 NORTH, RANGE 2
WEST, W.M., CLALLAM COUNTY,
WASHINGTON.
TOGETHER WITH THAT PORTION
OF THE NORTHWEST QUARTER OF
SAID SECTION 22, TOWNSHIP 30
NORTH, RANGE 2 WEST, W.M.,
AWARDED TO JAMESTOWN
S’KLALLAM TRIBE, A TRIBAL
GOVERNMENT, BY JUDGEMENT
FILED OCTOBER 4, 2017, IN CLALLAM
COUNTY SUPERIOR COURT CAUSE
NO. 17–2–00622–2.
TOGETHER WITH THOSE
PORTIONS LYING EASTERLY OF THE
LINE AS MONUMENTED, DESCRIBED
AND SHOWN ON SURVEY RECORDED
E:\FR\FM\08SEN1.SGM
08SEN1
Agencies
[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Notices]
[Pages 55471-55472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19705]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[201A2100DD/AAKC001030/A0A51010.999900]
Land Acquisitions; Tejon Indian Tribe
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary--Indian Affairs has made a final
determination to acquire 10.36 acres, more or less, into trust for the
Indians of the Tejon Indian Tribe.
DATES: The Assistant Secretary--Indian Affairs made the final
determination on September 1, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Sharlene M. Round Face, Bureau of
Indian Affairs, Division of Real Estate Services, 1849 C Street NW, MS
4620-MIB, Washington, DC 20240, telephone (505) 563-3132, email:
[email protected].
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 date listed in the DATES section of this notice, the
Assistant Secretary--Indian Affairs issued a decision to accept land in
trust for the Tejon Indian Tribe under the authority of the 25 U.S.C.
5108, Indian Reorganization Act of June 18, 1934 (48 Stat. 985).
Legal Description
THE NORTHERLY 589.34 FEET OF SECTION 28, TOWNSHIP 12 NORTH, RANGE
19 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF
SURVEY OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT SITUATED
WEST OF THE WESTERLY LINE OF WHEELER RIDGE ROAD AND SOUTH OF THE
SOUTHERLY LINE OF DAVID ROAD, IN THE COUNTY OF KERN, STATE OF
CALIFORNIA.
[[Page 55472]]
EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES
IN, ON AND UNDER SAID LAND, AS RESERVED IN PREVIOUS DEEDS OF RECORD.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-19705 Filed 9-4-20; 8:45 am]
BILLING CODE 4337-15-P