HEARTH Act Approval of Santa Ynez Band of Chumash Mission Indians of the Santa Ynez Reservation, California Business and Residential Leasing Ordinance, 64160-64161 [2020-22425]
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
Æ Certifications and disclosures.
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determine the eligibility and
allowability of activities and to comply
with the requirements of 2 CFR 200.
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requirements associated with financial
assistance awards generally include the
following types of reports:
• Federal Financial Reports,
• Performance reports, and
• Real Property Status Reports, when
applicable.
D. Recordkeeping Requirements: In
accordance with 2 CFR 200.333,
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documents, statistical records, and all
other non-Federal entity records
pertinent to a Federal award must be
retained for a period of 3 years after the
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awards that are renewed quarterly or
annually, from the date of the
submission of the quarterly or annual
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reported to the Federal awarding agency
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Proposed Revisions
Consolidation of OMB Control No.
1018–0007 into 1018–0100
The Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.)
and the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777 et seq.,
except 777e–1) provide authority for
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wildlife. These Acts and the regulations
in the Code of Federal Regulations
(CFR) at 50 CFR 80, subpart D, require
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Issued, 50 CFR 80, Subpart D.’’ The
WSFR program continues to enhance
use of their ‘‘Wildlife Tracking and
Reporting Actions for the Conservation
of Species (TRACS)’’ system to collect
information electronically from
financial assistance applicants and
VerDate Sep<11>2014
17:26 Oct 08, 2020
Jkt 253001
recipients. As of Federal fiscal year
2021, WSFR will begin using TRACS to
collect State license data and
certifications electronically. As this
control number includes the Wildlife
TRACS system collection, in this
revision we are consolidating the OMB
Control No. 1018–0007 information
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collection. If OMB approves this
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Control Number 1018–0007.
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Foreign Aid Transparency and
Accountability Act (Pub. L. 114–191),
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that Administer United States Foreign
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CFR part 200 published August 13, 2020
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collect more performance information
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Title of Collection: Administrative
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Service Financial Assistance Programs.
OMB Control Number: 1018–0100.
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Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public:
Individuals; commercial organizations;
institutions of higher education; nonprofit organizations; foreign entities;
and State, local, and Tribal
governments.
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Total Estimated Number of Annual
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Frequency of Collection: On occasion.
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An agency may not conduct or
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PO 00000
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Fmt 4703
Sfmt 4703
unless it displays a currently valid OMB
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The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Dated: October 6, 2020.
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2020–22398 Filed 10–8–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[212A2100DD/AAKC001030/
A0A501010.999900]
HEARTH Act Approval of Santa Ynez
Band of Chumash Mission Indians of
the Santa Ynez Reservation, California
Business and Residential Leasing
Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Indian Affairs
(BIA) approved the Santa Ynez Band of
Chumash Mission Indians of the Santa
Ynez Reservation, California (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
business and residential leases without
further BIA approval.
DATES: This approval took effect on
October 6, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Sharlene Round Face, Bureau of Indian
Affairs, Division of Real Estate Services,
sharelene.roundface@bia.gov, (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,
E:\FR\FM\09OCN1.SGM
09OCN1
Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
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 Santa Ynez
Band of Chumash Mission Indians of
the Santa Ynez Reservation, California.
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,
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
VerDate Sep<11>2014
17:26 Oct 08, 2020
Jkt 253001
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
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
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
64161
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 Santa
Ynez Band of Chumash Mission Indians
of the Santa Ynez Reservation,
California.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2020–22425 Filed 10–8–20; 8:45 am]
BILLING CODE 4337–15–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–463 and 731–
TA–1159 (Second Review)]
Oil Country Tubular Goods From
China; Scheduling of Expedited FiveYear Reviews
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of expedited
reviews pursuant to the Tariff Act of
1930 (‘‘the Act’’) to determine whether
revocation of the countervailing and
antidumping duty orders on oil country
tubular goods from China would be
likely to lead to continuation or
recurrence of material injury within a
reasonably foreseeable time.
DATES: July 6, 2020
FOR FURTHER INFORMATION CONTACT: Julie
Duffy ((202)708–2579), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
SUMMARY:
E:\FR\FM\09OCN1.SGM
09OCN1
]]>Agencies
[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64160-64161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22425]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[212A2100DD/AAKC001030/A0A501010.999900]
HEARTH Act Approval of Santa Ynez Band of Chumash Mission Indians
of the Santa Ynez Reservation, California Business and Residential
Leasing Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (BIA) approved the Santa Ynez
Band of Chumash Mission Indians of the Santa Ynez Reservation,
California (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 business and
residential leases without further BIA approval.
DATES: This approval took effect on October 6, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Sharlene Round Face, Bureau of
Indian Affairs, Division of Real Estate Services,
[email protected], (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,
[[Page 64161]]
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 Santa Ynez Band of Chumash
Mission Indians of the Santa Ynez Reservation, California.
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, 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 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
Santa Ynez Band of Chumash Mission Indians of the Santa Ynez
Reservation, California.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-22425 Filed 10-8-20; 8:45 am]
BILLING CODE 4337-15-P
