National Register of Historic Places; Notification of Pending Nominations and Related Actions, 68595-68596 [2020-24007]
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Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Notices
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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 Manzanita
Band of Diegueno Mission Indians of
the Manzanita 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
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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
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68595
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
Manzanita Band of Diegueno Mission
Indians of the Manzanita Reservation,
California.
Tara Sweeney,
Assistant Secretary, Indian Affairs.
[FR Doc. 2020–23988 Filed 10–28–20; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NRNHL–DTS#–31075;
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 electronic comments on the
significance of properties nominated
before October 17, 2020, for listing or
related actions in the National Register
of Historic Places.
DATES: Comments should be submitted
electronically by November 13, 2020.
SUMMARY:
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68596
Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Notices
Comments are encouraged
to be submitted electronically to
National_Register_Submissions@
nps.gov with the subject line ‘‘Public
Comment on .’’ If you
have no access to email you may send
them via U.S. Postal Service and all
other carriers to the National Register of
Historic Places, National Park Service,
1849 C Street 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 October 17,
2020. Pursuant to Section 60.13 of 36
CFR part 60, 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 or
Tribal Historic Preservation Officers:
Suffolk County
Bell, Mary E., House, 66 Railroad Ave.,
Center Moriches, SG100005831
FLORIDA
Wayne County
First Congregational Church of Ceredo, 600 C
St., Ceredo, SG100005826
Additional documentation has been
received for the following resources:
ADDRESSES:
Duval County
Palm Spring Cemetery, (Historic African
American Cemeteries in Duval County,
Florida (1765–1969) MPS), 11396 Fort
Caroline Rd., Jacksonville, MP100005819
Monroe County
Matecumbe Methodist Church, 81831
Overseas Hwy., Islamorada, SG100005820
Volusia County
Tomoka Mound and Midden Complex,
Address Restricted, Ormond Beach
vicinity, SG100005821,
Pacetti Hotel, 4928 South Peninsula Dr.,
Ponce Inlet, SG100005822
jbell on DSKJLSW7X2PROD with NOTICES
Ottawa County
Lakewood Farm, 264 North Lake Shore Dr.,
Park Township, SG100005825
NEW YORK
Herkimer County
Hildreth Homestead, 4083 NY 28, Herkimer,
SG100005830
Jkt 253001
VIRGINIA
Arlington County
Glebe Apartments, (Garden Apartments,
Apartment Houses and Apartment
Complexes in Arlington County, Virginia
MPS), 210–212 North Glebe Rd., Arlington,
MP100005835
Charlottesville Independent City
Jackson P. Burley High School, 901 Rose Hill
Dr., Charlottesville vicinity, SG100005836
Essex County
Occupacia-Rappahannock Rural Historic
District, Roughly bounded by the Essex
County line, Supply, Clarkes Store, and
Pilkington Rds., the Rappahannock R.,
Blandfield (028–5084–0510), and
Tidewater Trail (US 17) through center,
Tappahannock vicinity, SG100005837
WEST VIRGINIA
Jackson County
Charmco Building, 606 Morris St.,
Charleston, SG100005828
Lewis County
Gum Farmstead Historic District, 3414
Freeman’s Creek Rd., Camden vicinity,
SG100005827
KANSAS
Harvey County
McKinley Residential Historic District
(Additional Documentation), Roughly East
5th St., SE 3rd St., Allison St., Walnut St.,
Newton, AD08000670
Dated: October 20, 2020.
Sherry A. Frear,
Chief, National Register of Historic Places/
National Historic Landmarks Program.
Kent County
American Box Board Company Headquarters
and Factory, 470 Market Ave. SW, Grand
Rapids, SG100005823
18:03 Oct 28, 2020
Noble County
Caldwell Downtown Historic District,
Roughly bounded by Spruce, West, Plum,
Bridge, and East Sts., Caldwell,
SG100005824
Authority: Section 60.13 of 36 CFR part 60.
MICHIGAN
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[FR Doc. 2020–24007 Filed 10–28–20; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Amended
Complaint; Solicitation of Comments
Relating to the Public Interest
U.S. International Trade
Commission.
AGENCY:
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ACTION:
Notice.
Notice is hereby given that
the U.S. International Trade
Commission has received an amended
complaint entitled Certain Digital
Imaging Devices and Products
Containing the Same and Components
Thereof, DN 3494; the Commission is
soliciting comments on any public
interest issues raised by the amended
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 amended
complaint can be accessed on the
Commission’s Electronic Document
Information System (EDIS) at https://
edis.usitc.gov. For help accessing EDIS,
please email EDIS3Help@usitc.gov.
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 an amended
complaint and a submission pursuant to
§ 210.8(b) of the Commission’s Rules of
Practice and Procedure filed on behalf
of Pictos Technologies, Inc. on October
23, 2020. The original complaint was
filed on September 25, 2020 and a
notice of receipt of complaint;
solicitation of comments relating to the
public interest published in the Federal
Register on October 1, 2020. The
amended 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 digital
imaging devices and products
containing the same and components
thereof. The amended complaint names
as respondents: Samsung Electronics
Co., Ltd. of Korea; Samsung Electronics
America, Inc. of Ridgefield Park, NJ; and
Samsung Semiconductor, Inc. of San
Jose, CA. The amended complaint
alleges infringement of U.S. Patent Nos.
6,838,651; 7,800,145; 7,323,671; and
7,064,768. The complainant requests
that the Commission issue a limited
SUMMARY:
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Agencies
[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Notices]
[Pages 68595-68596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24007]
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DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-WASO-NRNHL-DTS#-31075; 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 electronic comments on
the significance of properties nominated before October 17, 2020, for
listing or related actions in the National Register of Historic Places.
DATES: Comments should be submitted electronically by November 13,
2020.
[[Page 68596]]
ADDRESSES: Comments are encouraged to be submitted electronically to
[email protected] with the subject line ``Public
Comment on .'' If
you have no access to email you may send them via U.S. Postal Service
and all other carriers to the National Register of Historic Places,
National Park Service, 1849 C Street 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 October 17, 2020. Pursuant
to Section 60.13 of 36 CFR part 60, 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 or Tribal Historic Preservation
Officers:
FLORIDA
Duval County
Palm Spring Cemetery, (Historic African American Cemeteries in Duval
County, Florida (1765-1969) MPS), 11396 Fort Caroline Rd.,
Jacksonville, MP100005819
Monroe County
Matecumbe Methodist Church, 81831 Overseas Hwy., Islamorada,
SG100005820
Volusia County
Tomoka Mound and Midden Complex, Address Restricted, Ormond Beach
vicinity, SG100005821,
Pacetti Hotel, 4928 South Peninsula Dr., Ponce Inlet, SG100005822
MICHIGAN
Kent County
American Box Board Company Headquarters and Factory, 470 Market Ave.
SW, Grand Rapids, SG100005823
Ottawa County
Lakewood Farm, 264 North Lake Shore Dr., Park Township, SG100005825
NEW YORK
Herkimer County
Hildreth Homestead, 4083 NY 28, Herkimer, SG100005830
Suffolk County
Bell, Mary E., House, 66 Railroad Ave., Center Moriches, SG100005831
OHIO
Noble County
Caldwell Downtown Historic District, Roughly bounded by Spruce,
West, Plum, Bridge, and East Sts., Caldwell, SG100005824
VIRGINIA
Arlington County
Glebe Apartments, (Garden Apartments, Apartment Houses and Apartment
Complexes in Arlington County, Virginia MPS), 210-212 North Glebe
Rd., Arlington, MP100005835
Charlottesville Independent City
Jackson P. Burley High School, 901 Rose Hill Dr., Charlottesville
vicinity, SG100005836
Essex County
Occupacia-Rappahannock Rural Historic District, Roughly bounded by
the Essex County line, Supply, Clarkes Store, and Pilkington Rds.,
the Rappahannock R., Blandfield (028-5084-0510), and Tidewater Trail
(US 17) through center, Tappahannock vicinity, SG100005837
WEST VIRGINIA
Jackson County
Charmco Building, 606 Morris St., Charleston, SG100005828
Lewis County
Gum Farmstead Historic District, 3414 Freeman's Creek Rd., Camden
vicinity, SG100005827
Wayne County
First Congregational Church of Ceredo, 600 C St., Ceredo,
SG100005826
Additional documentation has been received for the following
resources:
KANSAS
Harvey County
McKinley Residential Historic District (Additional Documentation),
Roughly East 5th St., SE 3rd St., Allison St., Walnut St., Newton,
AD08000670
Authority: Section 60.13 of 36 CFR part 60.
Dated: October 20, 2020.
Sherry A. Frear,
Chief, National Register of Historic Places/National Historic Landmarks
Program.
[FR Doc. 2020-24007 Filed 10-28-20; 8:45 am]
BILLING CODE 4312-52-P