Notice of Public Meetings for the John Day-Snake Resource Advisory Council Planning Subcommittee, Oregon, 24660-24661 [2021-09623]
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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
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,
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
Confederated Tribes of the Colville
Reservation.
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
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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
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Fmt 4703
Sfmt 4703
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
Confederated Tribes of the Colville
Reservation.
Bryan Newland,
Principal Deputy Assistant Secretary—Indian
Affairs.
[FR Doc. 2021–09691 Filed 5–6–21; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLORV00000.L10200000.
XZ0000.LXSSH1060000.212.HAG 21–0032]
Notice of Public Meetings for the John
Day-Snake Resource Advisory Council
Planning Subcommittee, Oregon
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
SUMMARY:
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07MYN1
Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
Committee Act of 1972, the U.S.
Department of the Interior, Bureau of
Land Management’s (BLM) John DaySnake Resource Advisory Council (RAC)
Planning Subcommittee will meet as
follows:
DATES: The John Day-Snake RAC
Planning Subcommittee will meet at
6:30 p.m. Pacific Time (PT),
Wednesday, June 9, 2021, and
Wednesday, Sept. 15, 2021, via Zoom
conference. A public comment period
will be offered during each meeting at
7:35 p.m. PT.
ADDRESSES: The Subcommittee Zoom
meeting details will be published on the
RAC web page at least 10 days in
advance of the meetings at https://
www.blm.gov/get-involved/resourceadvisory-council/near-you/oregonwashington/john-day-rac.
A final agenda will be posted online
at the RAC web page at least 1 week
prior to the meeting.
The public may send written
comments to the subcommittee and
RAC in response to material presented.
Comments can be mailed to: BLM Vale
District; Attn. Shane DeForest; 100
Oregon St., Vale, OR 97918.
FOR FURTHER INFORMATION CONTACT:
Larisa Bogardus, Public Affairs Officer,
3100 H St., Baker City, OR 97814;
telephone: 541–219–6863; email:
lbogardus@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 Larisa. 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 15member John Day-Snake RAC was
chartered and members appointed by
the Secretary of the Interior. Its diverse
perspectives are represented in
commodity, conservation, and general
interests. It provides advice to BLM and,
as needed, U.S. Forest Service resource
managers regarding management plans
and proposed resource actions on public
land in the John Day-Snake area.
The Planning Subcommittee was
established to gather information,
conduct research, and analyze relevant
issues and facts on selected topics for
future consideration by the RAC. The
Subcommittee’s primary goal is to
provide information to the RAC
members that allows them to better
respond to time-sensitive issues, such as
responding to an environmental
document within the public comment
period. No decisions are made at the
subcommittee level.
Meetings are open to the public in
their entirety. Agenda items include
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19:55 May 06, 2021
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review of recreation fee proposals for
the Wallowa-Whitman, Malheur, and
Deschutes National Forests. Depending
on the number of people wishing to
comment and the time available, the
amount of time for oral comments may
be limited. The public may send written
comments to the Subcommittee and
RAC (see ADDRESSES section).
The Designated Federal Officer will
attend the call, take minutes, and
publish detailed meeting minutes on the
RAC web page (see the ADDRESSES
section earlier).
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)
Jason Simmons,
Acting Vale District Manager.
[FR Doc. 2021–09623 Filed 5–6–21; 8:45 am]
BILLING CODE 4310–33–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVE00000 L5440000 EU0000
LVCLF1906630 20X; N–97447/01
MO#4500143560]
Notice of Realty Action: Proposed
Non-Competitive (Direct) Sale of Public
Land in Elko County, Nevada, to the
City of West Wendover
Bureau of Land Management,
Interior.
ACTION: Notice of realty action.
AGENCY:
The Bureau of Land
Management (BLM) proposes a noncompetitive (direct) sale of 84.06 acres
to the City of West Wendover. This land
is currently part of the City of West
Wendover’s existing 175.06-acre
Recreation and Public Purpose Act
(R&PP) lease N–79079/01. The sale will
be subject to the applicable provisions
of Section 203 of the Federal Land
Policy and Management Act of 1976
(FLPMA) and BLM land sale
regulations, at no less than the fair
market value of $840,000.
DATES: Interested parties may submit
written comments regarding this direct
sale until June 21, 2021. Comments may
be mailed to the BLM office address
below, faxed to 775–753–0347, or
SUMMARY:
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
24661
emailed to elfoweb@blm.gov. The BLM
will not consider comments received via
telephone.
You may submit written
comments to the Elko District, Wells
Field Office, Attn: Melanie Mitchell,
Wells Field Manager, 3900 East Idaho
St., Elko, Nevada 89801, or via fax to
775–753–0347, or via email to elfoweb@
blm.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Karen Uhri, Realty Specialist, BLM Elko
District, Wells Field Office, at 775–753–
0378, at the above address, or by email
to kuhri@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
leave a message or question for the
above individual. The FRS is available
24 hours a day, 7 days a week. Replies
are provided during normal business
hours.
The BLM
proposes a non-competitive (direct) sale
of 84.06 acres to the City of West
Wendover. This land is currently part of
the City of West Wendover’s existing
175.06-acre Recreation and Public
Purpose Act (R&PP) lease N–79079/01.
This 84.06-acre portion of the R&PP
lease has been developed by the City of
West Wendover and includes the City
Hall, City Police Station, administrative
offices, North Gene L. Jones Way, and
the Victory Highway arch, monument,
and interpretative trail. These
improvements were developed in
accordance with the approved R&PP
lease plan of development.
On December 1, 2006, a Federal
Register Notice (71 FR 69583)
segregated the lands from all forms of
appropriation under the public land
laws, including the general mining laws,
except for the sale provisions of
FLPMA.
The local government has an interest
in incorporating this property into the
City Center Downtown Development
Master Plan, adopted in 2001. This area
will be a focal point for the creation of
the city center and downtown area and
will include a variety of development
initiatives, including public as well as
ancillary private/commercial
investments. This diversified
development portfolio for the area will
create and foster a vibrant city center
and create new business investment,
services, jobs, and related opportunities
for the community.
This property is located in the City of
West Wendover between Interstate 80 to
the north and Wendover Boulevard to
the south, and is legally described as:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\07MYN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Notices]
[Pages 24660-24661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09623]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLORV00000.L10200000.XZ0000.LXSSH1060000.212.HAG 21-0032]
Notice of Public Meetings for the John Day-Snake Resource
Advisory Council Planning Subcommittee, Oregon
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
[[Page 24661]]
Committee Act of 1972, the U.S. Department of the Interior, Bureau of
Land Management's (BLM) John Day-Snake Resource Advisory Council (RAC)
Planning Subcommittee will meet as follows:
DATES: The John Day-Snake RAC Planning Subcommittee will meet at 6:30
p.m. Pacific Time (PT), Wednesday, June 9, 2021, and Wednesday, Sept.
15, 2021, via Zoom conference. A public comment period will be offered
during each meeting at 7:35 p.m. PT.
ADDRESSES: The Subcommittee Zoom meeting details will be published on
the RAC web page at least 10 days in advance of the meetings at https://www.blm.gov/get-involved/resource-advisory-council/near-you/oregon-washington/john-day-rac.
A final agenda will be posted online at the RAC web page at least 1
week prior to the meeting.
The public may send written comments to the subcommittee and RAC in
response to material presented. Comments can be mailed to: BLM Vale
District; Attn. Shane DeForest; 100 Oregon St., Vale, OR 97918.
FOR FURTHER INFORMATION CONTACT: Larisa Bogardus, Public Affairs
Officer, 3100 H St., Baker City, OR 97814; telephone: 541-219-6863;
email: [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 Larisa. 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 15-member John Day-Snake RAC was
chartered and members appointed by the Secretary of the Interior. Its
diverse perspectives are represented in commodity, conservation, and
general interests. It provides advice to BLM and, as needed, U.S.
Forest Service resource managers regarding management plans and
proposed resource actions on public land in the John Day-Snake area.
The Planning Subcommittee was established to gather information,
conduct research, and analyze relevant issues and facts on selected
topics for future consideration by the RAC. The Subcommittee's primary
goal is to provide information to the RAC members that allows them to
better respond to time-sensitive issues, such as responding to an
environmental document within the public comment period. No decisions
are made at the subcommittee level.
Meetings are open to the public in their entirety. Agenda items
include review of recreation fee proposals for the Wallowa-Whitman,
Malheur, and Deschutes National Forests. Depending on the number of
people wishing to comment and the time available, the amount of time
for oral comments may be limited. The public may send written comments
to the Subcommittee and RAC (see ADDRESSES section).
The Designated Federal Officer will attend the call, take minutes,
and publish detailed meeting minutes on the RAC web page (see the
ADDRESSES section earlier).
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)
Jason Simmons,
Acting Vale District Manager.
[FR Doc. 2021-09623 Filed 5-6-21; 8:45 am]
BILLING CODE 4310-33-P
