Notice of Public Meetings of the Idaho Resource Advisory Council, 2451-2452 [2021-00437]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Notices
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
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17:09 Jan 11, 2021
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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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2451
may be subject to taxation by the
Cahuilla Band of Indians, California.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2021–00338 Filed 1–11–21; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BAC 4331–11]
Notice of Public Meetings of the Idaho
Resource Advisory Council
Bureau of Land Management,
Interior.
ACTION: Notice of public meetings.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act of 1976 and the Federal Advisory
Committee Act of 1972, the U.S.
Department of the Interior Bureau of
Land Management’s (BLM) Idaho
Resource Advisory Council (RAC) will
meet as indicated below.
DATES: The BLM Idaho RAC will meet
on Wednesday, April 14, 2021. The
meeting will be held from 9:00 a.m. to
5:00 p.m. (Mountain Standard Time).
The RAC will also meet Wednesday,
August 11, 2021. The meeting will be
held from 9:00 a.m. to 5:00 p.m.
(Mountain Standard Time).
ADDRESSES: The April 21, 2021, meeting
will be held virtually.
The August 11, 2021, meeting is
scheduled to be held at the BLM Idaho
State Office, located at 1387 South
Vinnell Way, Boise, Idaho 83709, in the
Sagebrush/Ponderosa conference rooms.
There will be an option to participate
virtually as well. Virtual participation
information will be posted online 2
weeks in advance of each meeting at
https://www.blm.gov/get-involved/
resource-advisory-council/near-you/
idaho.
SUMMARY:
MJ
Byrne, 1387 South Vinnell Way, Boise,
Idaho 83709; (208) 373–4006; mbyrne@
blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact the above individual during
normal business hours. The FRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The Idaho
RAC is chartered, and the 15 members
are appointed by the Secretary of the
Interior. Their diverse perspectives are
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Notices
represented in commodity, noncommodity, and local interests. The
RAC serves in an advisory capacity to
BLM and USDA Forest Service officials
concerning planning and management
of public land and national forest
resources located, in whole or part,
within the State of Idaho.
Agenda items for the April meeting
include management of wildland fire
and fuels and outdoor recreation; review
of and/or recommendations regarding
proposed actions by the BLM’s Boise,
Twin, Falls, Idaho Falls, and/or Coeur
d’Alene Districts and USDA Forest
Service units; and any other business
that may reasonably come before the
RAC. Agenda items for the August
meeting will be formalized at the
conclusion of the April meeting.
Final agendas will be posted online 2
weeks in advance of each meeting at
https://www.blm.gov/get-involved/
resource-advisory-council/near-you/
idaho. All meetings are open to the
public in their entirety. Public comment
periods will be held in the afternoon on
each meeting day. Depending on the
number of persons wishing to speak,
and the time available, the time for
individual comments may be limited.
Comments can be mailed to: BLM Idaho
State Office; Attn: MJ Byrne; 1387 South
Vinnell Way; Boise, ID 83709. All
comments received will be provided to
the Idaho RAC members.
Before including your address, phone
number, email address, or other
personal identifying information in your
comments, please 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 we will be able to do
so.
(Authority: 43 CFR 1784.4–2)
John F. Ruhs,
Idaho State Director.
[FR Doc. 2021–00437 Filed 1–11–21; 8:45 am]
BILLING CODE 4331–11–P
DEPARTMENT OF THE INTERIOR
khammond on DSKJM1Z7X2PROD with NOTICES
Bureau of Ocean Energy Management
[OMB Control Number 1010–0057; Docket
ID: BOEM–2017–0016]
Agency Information Collection
Activities; Pollution Prevention and
Control
Bureau of Ocean Energy
Management, Interior.
AGENCY:
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Notice of information collection;
request for comment.
ACTION:
In accordance with the
Paperwork Reduction Act of 1995, the
Bureau of Ocean Energy Management
(BOEM) proposes to renew its
information collection control number
1010–0057 through the Office of
Management and Budget (OMB).
DATES: Interested persons are invited to
submit comments on or before February
11, 2021.
ADDRESSES: Written comments and
recommendations for the proposed
information collection request (ICR)
should be sent to OMB’s Desk Officer
for the Department of the Interior at
www.reginfo.gov/public/do/PRAMain
within 30 days of publication of this
notice. Find this ICR by selecting
‘‘Department of the Interior’’ in the
‘‘Select Agency’’ pulldown menu under
‘‘Currently under Review’’, clicking the
box marked ‘‘Only Show ICR For Public
Comment’’ near the top left-hand side of
the resulting web page, and scrolling
down to OMB Control Number 1010–
0057. Alternatively, the search function
may be used. Please provide a copy of
your comments to the BOEM
Information Collection Clearance
Officer, Anna Atkinson, by mail service
addressed to her at Bureau of Ocean
Energy Management, 45600 Woodland
Road, Sterling, Virginia, 20166; or by
email to anna.atkinson@boem.gov.
Please reference OMB Control Number
1010–0057 in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Anna Atkinson by
email or by telephone at 703–787–1025.
You may also view the ICR at https://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, BOEM provides
the general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps BOEM assess
the impact of the information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand BOEM’s information
collection requirements and provide the
requested data in the desired format.
Abstract: Section 5(a) of the Outer
Continental Shelf Lands Act (OCSLA),
as amended (43 U.S.C. 1334(a)),
authorizes the Secretary of the Interior
(Secretary) to prescribe rules and
regulations to manage the mineral
resources of the Outer Continental Shelf
(OCS). Such rules and regulations apply
SUMMARY:
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to all operations conducted under a
lease, right-of-use and easement, and
pipeline right-of-way.
Section 5(a)(8) of OCSLA requires that
regulations prescribed by the Secretary
include provisions ‘‘for compliance
with the national ambient air quality
standards pursuant to the Clean Air Act
(42 U.S.C. 7401 et seq.), to the extent
that activities authorized under this
subchapter significantly affect the air
quality of any State.’’ This information
collection renewal concerns information
that is submitted to BOEM under 30
CFR part 550, subpart C, ‘‘Pollution
Prevention and Control,’’ which
implements section 5(a)(8), and related
notices to lessees and operators (NTLs),
which clarify and provide additional,
nonbinding guidance on aspects of the
regulations. BOEM uses this information
to inform its decisions on plan approval,
to ensure operations are conducted
according to all applicable regulations
and plan conditions of approval, and to
inform State and regional planning
organizations’ modeling efforts.
BOEM prepares an emissions
inventory every three years to help
ensure that its regulations comply with
section 5(a)(8) of OCSLA and to
implement the requirements at 30 CFR
550.303(k) and 550.304(g). These
emission inventories provide the
essential input that BOEM needs to
assess the impacts of OCS oil and gas
activity on the States as mandated by
the OCSLA. Also, these inventories
provide the States with essential
information needed to perform their
implementation plan demonstrations to
the U.S. Environmental Protection
Agency (USEPA) and the operators with
essential data for their mandatory
reporting of greenhouse gases to the
USEPA.
BOEM began planning for the next
emissions inventory, scheduled for
calendar year 2021, by issuing NTL No.
2020–N03, 2021 OCS Emissions
Inventory—Western Gulf of Mexico
(GOM) and Adjacent to the North Slope
Borough of the State of Alaska, on
October 1, 2020. The NTL instructed
lessees and operators on submitting
information about their facility
operations, as required by OCSLA and
BOEM’s regulations, through BOEM’s
new, web-based emissions reporting
tool, the OCS Air Quality System (OCS
AQS). OCS AQS allows operators to
submit their facility activity data
electronically into the system,
instantaneously calculates monthly and
annual emissions, assures and controls
data quality, generates reports, such as
emission inventory reports, and creates
data graphics including geographic
E:\FR\FM\12JAN1.SGM
12JAN1
Agencies
[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Notices]
[Pages 2451-2452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00437]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BAC 4331-11]
Notice of Public Meetings of the Idaho Resource Advisory Council
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of public meetings.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Federal Land Policy and Management Act
of 1976 and the Federal Advisory Committee Act of 1972, the U.S.
Department of the Interior Bureau of Land Management's (BLM) Idaho
Resource Advisory Council (RAC) will meet as indicated below.
DATES: The BLM Idaho RAC will meet on Wednesday, April 14, 2021. The
meeting will be held from 9:00 a.m. to 5:00 p.m. (Mountain Standard
Time). The RAC will also meet Wednesday, August 11, 2021. The meeting
will be held from 9:00 a.m. to 5:00 p.m. (Mountain Standard Time).
ADDRESSES: The April 21, 2021, meeting will be held virtually.
The August 11, 2021, meeting is scheduled to be held at the BLM
Idaho State Office, located at 1387 South Vinnell Way, Boise, Idaho
83709, in the Sagebrush/Ponderosa conference rooms. There will be an
option to participate virtually as well. Virtual participation
information will be posted online 2 weeks in advance of each meeting at
https://www.blm.gov/get-involved/resource-advisory-council/near-you/idaho.
FOR FURTHER INFORMATION CONTACT: MJ Byrne, 1387 South Vinnell Way,
Boise, Idaho 83709; (208) 373-4006; [email protected]. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal Relay
Service (FRS) at 1-800-877-8339 to contact the above individual during
normal business hours. The FRS is available 24 hours a day, 7 days a
week, to leave a message or question with the above individual. You
will receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION: The Idaho RAC is chartered, and the 15
members are appointed by the Secretary of the Interior. Their diverse
perspectives are
[[Page 2452]]
represented in commodity, non-commodity, and local interests. The RAC
serves in an advisory capacity to BLM and USDA Forest Service officials
concerning planning and management of public land and national forest
resources located, in whole or part, within the State of Idaho.
Agenda items for the April meeting include management of wildland
fire and fuels and outdoor recreation; review of and/or recommendations
regarding proposed actions by the BLM's Boise, Twin, Falls, Idaho
Falls, and/or Coeur d'Alene Districts and USDA Forest Service units;
and any other business that may reasonably come before the RAC. Agenda
items for the August meeting will be formalized at the conclusion of
the April meeting.
Final agendas will be posted online 2 weeks in advance of each
meeting at https://www.blm.gov/get-involved/resource-advisory-council/near-you/idaho. All meetings are open to the public in their entirety.
Public comment periods will be held in the afternoon on each meeting
day. Depending on the number of persons wishing to speak, and the time
available, the time for individual comments may be limited. Comments
can be mailed to: BLM Idaho State Office; Attn: MJ Byrne; 1387 South
Vinnell Way; Boise, ID 83709. All comments received will be provided to
the Idaho RAC members.
Before including your address, phone number, email address, or
other personal identifying information in your comments, please 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 we will be able to
do so.
(Authority: 43 CFR 1784.4-2)
John F. Ruhs,
Idaho State Director.
[FR Doc. 2021-00437 Filed 1-11-21; 8:45 am]
BILLING CODE 4331-11-P