Homeland Security Academic Advisory Council, 4901-4902 [2022-01839]
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Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices
employee organization, or other nonmerit factor. In order for the
Administrator to fully leverage broadranging experience and education, the
NAC must be diverse with regard to
professional and technical expertise.
The Administrator will also pursue
opportunities, consistent with
applicable law, to compose a committee
that reflects the diversity of the nation’s
people, and will strive to achieve a
widely diverse candidate pool for all
NAC recruitment actions. Current DHS
and FEMA employees, including FEMA
Reservists, are not eligible for
membership. Federally registered
lobbyists may apply for positions
designated as Representative
appointments but are not eligible for
positions that are designated as SGE
appointments.
Deanne Criswell,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2022–01901 Filed 1–28–22; 8:45 am]
BILLING CODE 9111–48–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2022–0009]
Homeland Security Academic Advisory
Council
Office of Partnership and
Engagement (OPE), Department of
Homeland Security (DHS).
ACTION: Request for applicants for
appointment to the Homeland Security
Academic Advisory Council (HSAAC).
AGENCY:
The Secretary of Homeland
Security (Secretary) is requesting seniorlevel individuals who are interested in
serving on the Homeland Security
Academic Advisory Council (HSAAC), a
discretionary federal advisory
committee, to apply for appointment as
identified in this notice. Pursuant to the
Secretary’s authority within the
Homeland Security Act, this agency-led
committee will be established and will
operate under the provisions of the
Federal Advisory Committee Act
(FACA). The primary purpose of the
HSAAC will be to provide advice and
recommendations to the Secretary and
DHS senior leadership on matters
related to homeland security and the
academic community.
DATES: Resume and category of interest
will be accepted until 11:59 p.m.
Eastern Standard Time on February 15,
2022.
ADDRESSES: Due to COVID–19 safety
precautions, mailed applications will
not be accepted. The sole method of
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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17:38 Jan 28, 2022
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submission is via email to
DHSAcademic@hq.dhs.gov.
FOR FURTHER INFORMATION CONTACT:
Acting Executive Director Traci Silas via
email at DHSAcademic@hq.dhs.gov or
via phone at 202–603–1142.
SUPPLEMENTARY INFORMATION: In
addition to this notice, DHS may solicit
members through correspondence with
its existing contact list of faith-based
organizations, Congressional partners,
and White House staff.
Members of the HSAAC are appointed
by the Secretary for specified terms of
appointment. The HSAAC membership
selection and appointment process is
designed to ensure continuity of
HSAAC membership, and to afford the
Secretary the advisory input of the most
capable, diverse, and novel perspectives
that the country has to offer. Individuals
who are interested in serving on the
committee are invited to apply for
consideration for appointment. There is
no application form; however, a current
resume and category of interest is
required. The appointment will be for a
term of up to 3 years. Individuals
selected for the appointment will serve
as Representatives or regular
government employees (where
applicable). All non-federal members
must also complete a background
investigation, a gratuitous service
agreement and a non-disclosure
agreement.
HSAAC will meet as often as needed
to fulfill its mission, but typically four
times each fiscal year to address its
objectives and duties. The committee
will aim to meet in person at least once
each fiscal year with additional
meetings held via teleconference.
HSAAC members may be reimbursed for
travel and per diem incurred in the
performance of their duties as members
of the committee. All travel for HSAAC
business must be approved in advance
by the Designated Federal Officer. To
the extent practical, members can serve
on any subcommittee that is established.
DHS does not discriminate in
employment on the basis of race, color,
religion, sex, national origin, political
affiliation, sexual orientation, gender
identity, marital status, disability and
genetic information, age, membership in
an employee organization, or other nonmerit factor. DHS strives to achieve a
diverse candidate pool for all its
recruitment actions.
The HSAAC will consist of up to 30
members who are appointed by and
serve at the pleasure of the Secretary. In
order for the Secretary to fully leverage
broad-ranging experience and
education, the HSAAC must be diverse
with regard to professional and
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Fmt 4703
Sfmt 4703
4901
technical expertise. DHS is committed
to pursuing opportunities, consistent
with applicable law, to compose a
committee that reflects the diversity of
the nation’s people. Members are
appointed as representative members,
except that members from federal
agencies are appointed as non-voting exofficio members. To ensure a diverse,
inclusive and balanced membership,
membership includes the following:
(a) Up to four members representing
higher education associations
(b) Up to two members representing
higher education law enforcement,
public safety, and emergency
management associations
(c) Up to two members representing
four-year colleges and universities
(d) Up to two members representing
two-year community colleges
(e) Up to two members representing
Historically Black Colleges and
Universities (HBCUs)
(f) Up to two members representing
Hispanic serving institutions
(g) Up to two members representing
Tribal colleges
(h) Up to two members representing
the Asian American, Native American
and Pacific Islander serving institutions
(i) Up to four members representing
K–12 school systems, to include
schools, school systems, and state
educational agencies
(j) Up to two members representing
Education Employee Associations/Labor
Organizations
(k) Up to one member from the DHS
Science and Technology Center of
Excellence
(l) Up to one member from
Cybersecurity and Infrastructure
Security Agency (CISA) School Safety
Task Force
(m) Up to one member from the DHS
Center for Prevention Programs and
Partnership
(n) Up to one member from US Secret
Service National Threat Assessment
Center
(o) Up to one member from Federal
Emergency Management Agency
(FEMA) higher education initiatives
(p) Up to one member from the DHS
Office for Civil Right and Civil Liberties
(CRCL)
(q) Up to one member from the
Department of Education
(r) Up to one member from the
Department of State
(s) Up to one member from the
Department of Justice
(t) Up to one member from the
Department of Health and Human
Services
HSAAC is the sole advisory
committee and public forum within
DHS providing advice on matters
E:\FR\FM\31JAN1.SGM
31JAN1
4902
Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices
relating to DHS’s engagement with the
academic community.
Zarinah T. Silas,
Acting Executive Director and Acting
Designated Federal Officer.
[FR Doc. 2022–01839 Filed 1–28–22; 8:45 am]
BILLING CODE 9112–FN–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[222A2100DD/AAKC001030/
A0A501010.999900]
HEARTH Act Approval of Pascua Yaqui
Tribe of Arizona Solar and Renewable
Energy Leasing Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Indian Affairs
(BIA) approved the Pascua Yaqui Tribe
of Arizona Solar and Renewable Energy
Leasing Ordinance under the Helping
Expedite and Advance Responsible
Tribal Homeownership Act of 2012
(HEARTH Act). With this approval, the
Tribe is authorized to enter into wind
and solar leases without further BIA
approval.
SUMMARY:
BIA issued the approval on
December 22, 2021.
DATES:
Ms.
Sharlene Round Face, Bureau of Indian
Affairs, Division of Real Estate Services,
1001 Indian School Road NW,
Albuquerque, NM 87104,
sharlene.roundface@bia.gov, (505) 563–
3132.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
khammond on DSKJM1Z7X2PROD with NOTICES
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 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
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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 Pascua
Yaqui Tribe of Arizona.
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
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
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
E:\FR\FM\31JAN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4901-4902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01839]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2022-0009]
Homeland Security Academic Advisory Council
AGENCY: Office of Partnership and Engagement (OPE), Department of
Homeland Security (DHS).
ACTION: Request for applicants for appointment to the Homeland Security
Academic Advisory Council (HSAAC).
-----------------------------------------------------------------------
SUMMARY: The Secretary of Homeland Security (Secretary) is requesting
senior-level individuals who are interested in serving on the Homeland
Security Academic Advisory Council (HSAAC), a discretionary federal
advisory committee, to apply for appointment as identified in this
notice. Pursuant to the Secretary's authority within the Homeland
Security Act, this agency-led committee will be established and will
operate under the provisions of the Federal Advisory Committee Act
(FACA). The primary purpose of the HSAAC will be to provide advice and
recommendations to the Secretary and DHS senior leadership on matters
related to homeland security and the academic community.
DATES: Resume and category of interest will be accepted until 11:59
p.m. Eastern Standard Time on February 15, 2022.
ADDRESSES: Due to COVID-19 safety precautions, mailed applications will
not be accepted. The sole method of submission is via email to
[email protected].
FOR FURTHER INFORMATION CONTACT: Acting Executive Director Traci Silas
via email at [email protected] or via phone at 202-603-1142.
SUPPLEMENTARY INFORMATION: In addition to this notice, DHS may solicit
members through correspondence with its existing contact list of faith-
based organizations, Congressional partners, and White House staff.
Members of the HSAAC are appointed by the Secretary for specified
terms of appointment. The HSAAC membership selection and appointment
process is designed to ensure continuity of HSAAC membership, and to
afford the Secretary the advisory input of the most capable, diverse,
and novel perspectives that the country has to offer. Individuals who
are interested in serving on the committee are invited to apply for
consideration for appointment. There is no application form; however, a
current resume and category of interest is required. The appointment
will be for a term of up to 3 years. Individuals selected for the
appointment will serve as Representatives or regular government
employees (where applicable). All non-federal members must also
complete a background investigation, a gratuitous service agreement and
a non-disclosure agreement.
HSAAC will meet as often as needed to fulfill its mission, but
typically four times each fiscal year to address its objectives and
duties. The committee will aim to meet in person at least once each
fiscal year with additional meetings held via teleconference. HSAAC
members may be reimbursed for travel and per diem incurred in the
performance of their duties as members of the committee. All travel for
HSAAC business must be approved in advance by the Designated Federal
Officer. To the extent practical, members can serve on any subcommittee
that is established.
DHS does not discriminate in employment on the basis of race,
color, religion, sex, national origin, political affiliation, sexual
orientation, gender identity, marital status, disability and genetic
information, age, membership in an employee organization, or other non-
merit factor. DHS strives to achieve a diverse candidate pool for all
its recruitment actions.
The HSAAC will consist of up to 30 members who are appointed by and
serve at the pleasure of the Secretary. In order for the Secretary to
fully leverage broad-ranging experience and education, the HSAAC must
be diverse with regard to professional and technical expertise. DHS is
committed to pursuing opportunities, consistent with applicable law, to
compose a committee that reflects the diversity of the nation's people.
Members are appointed as representative members, except that members
from federal agencies are appointed as non-voting ex-officio members.
To ensure a diverse, inclusive and balanced membership, membership
includes the following:
(a) Up to four members representing higher education associations
(b) Up to two members representing higher education law
enforcement, public safety, and emergency management associations
(c) Up to two members representing four-year colleges and
universities
(d) Up to two members representing two-year community colleges
(e) Up to two members representing Historically Black Colleges and
Universities (HBCUs)
(f) Up to two members representing Hispanic serving institutions
(g) Up to two members representing Tribal colleges
(h) Up to two members representing the Asian American, Native
American and Pacific Islander serving institutions
(i) Up to four members representing K-12 school systems, to include
schools, school systems, and state educational agencies
(j) Up to two members representing Education Employee Associations/
Labor Organizations
(k) Up to one member from the DHS Science and Technology Center of
Excellence
(l) Up to one member from Cybersecurity and Infrastructure Security
Agency (CISA) School Safety Task Force
(m) Up to one member from the DHS Center for Prevention Programs
and Partnership
(n) Up to one member from US Secret Service National Threat
Assessment Center
(o) Up to one member from Federal Emergency Management Agency
(FEMA) higher education initiatives
(p) Up to one member from the DHS Office for Civil Right and Civil
Liberties (CRCL)
(q) Up to one member from the Department of Education
(r) Up to one member from the Department of State
(s) Up to one member from the Department of Justice
(t) Up to one member from the Department of Health and Human
Services
HSAAC is the sole advisory committee and public forum within DHS
providing advice on matters
[[Page 4902]]
relating to DHS's engagement with the academic community.
Zarinah T. Silas,
Acting Executive Director and Acting Designated Federal Officer.
[FR Doc. 2022-01839 Filed 1-28-22; 8:45 am]
BILLING CODE 9112-FN-P
