Indian Energy Service Center; Approval of Tribal Energy Development Organization Certification for the Red Lake Band of Chippewa Indians Nation, 18380-18381 [2022-06710]

Download as PDF 18380 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 74102, allowing for a 60-day public comment period. USCIS did receive 1 comment in connection with the 60-day notice. You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: https://www.regulations.gov and enter USCIS–2007–0034 in the search box. The comments submitted to USCIS via this method are visible to the Office of Management and Budget and comply with the requirements of 5 CFR 1320.12(c). All submissions will be posted, without change, to the Federal eRulemaking Portal at https:// www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of https://www.regulations.gov. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection Request: Extension, Without Change, of a Currently Approved Collection. (2) Title of the Form/Collection: Application for Asylum and for Withholding of Removal. VerDate Sep<11>2014 17:14 Mar 29, 2022 Jkt 256001 (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: I–589; USCIS. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. Form I–589 is necessary to determine whether an alien applying for asylum and/or withholding of removal in the United States is classified as refugee and is eligible to remain in the United States. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated total number of respondents for the information collection I–589 is approximately 85,500 and the estimated hour burden per response is 12 hours per response; the estimated total number of respondents for the information collection I–589 (online filing) is approximately 28,500 and the estimated hour burden per response is 11 hours per response, and the estimated number of respondents providing biometrics is 110,000 and the estimated hour burden per response is 1.17 hours. (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual hour burden associated with this collection is 1,468,200 hours. (7) An estimate of the total public burden (in cost) associated with the collection: The estimated total annual cost burden associated with this collection of information is $46,968,000. Dated: March 24, 2022. Samantha L Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. 2022–06688 Filed 3–29–22; 8:45 am] BILLING CODE 9111–97–P INTER-AMERICAN FOUNDATION Sunshine Act Meetings April 6, 2022, 12:45 p.m.–2:00 p.m. ET. PLACE: Via Zoom. STATUS: Meeting of the IAF Board of Directors, open to the public, portion closed to the public. MATTERS TO BE CONSIDERED: D Call to Order from the Board Chair D Overview of Meeting Rules by General Counsel D Approval of February 16 & 17th, 2022 Meeting Minutes D Briefing on Anti-Deficiency Act D Briefing on Grants Oversight Committee TIME AND DATE: PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 D Briefing on May 3rd Board Meeting Logistics/Reception D Adjournment PORTION TO BE CLOSED TO THE PUBLIC: Executive session closed to the public as provided for by 22 CFR 1004.4(b). CONTACT PERSON FOR MORE INFORMATION: Aswathi Zachariah, General Counsel, (202) 683–7118. For Dial-in Information Contact: Denetra McPherson, Paralegal, (202) 688–3054. The Inter-American Foundation is holding this meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). Aswathi Zachariah, General Counsel. [FR Doc. 2022–06848 Filed 3–28–22; 4:15 pm] BILLING CODE 7025–01–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [223A2100DD/AAKC001030/ A0A501010.999900] Indian Energy Service Center; Approval of Tribal Energy Development Organization Certification for the Red Lake Band of Chippewa Indians Nation Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice advises the public that the Department of the Interior (DOI) approved a Tribal Energy Development Organization (TEDO) Certification for Twenty-First Century Tribal Energy, Inc, which is a Tribally owned corporation of Red Lake Band of Chippewa Indians (Red Lake). DATES: The certification takes effect on March 17, 2022. FOR FURTHER INFORMATION CONTACT: Ms. Johnna Blackhair, Deputy Bureau Director, Office of Trust Services, Washington DC 20240, (202) 809–2069. SUPPLEMENTARY INFORMATION: A TEDO Certification allows the Tribe to enter into a lease or business agreement with the TEDO under 25 U.S.C. 3504(a)(2) or a right-of-way with the TEDO under 25 U.S.C. 3504(b)(2)(B) without Secretarial review and without a TERA. Red Lake’s TEDO is organized under the laws of the Tribe and subject to the Tribe’s jurisdiction, laws, and authority. The majority of the interest in the TEDO is owned and controlled by the Tribe (or the Tribe and one or more other Tribes) the Tribal land of which is being developed. The TEDO’s organizing SUMMARY: E:\FR\FM\30MRN1.SGM 30MRN1 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices document requires the Tribe with jurisdiction over the land to maintain, at all times, the controlling interest in the TEDO. The TEDO’s organizing document requires the Tribe to own and control, at all times, a majority of the interest in the TEDO. The certification is issued under 25 U.S.C. 3504(h) and nothing in the certification waives the sovereign immunity of the Tribe. This is to certify that the Red Lake’s Tribally owned company Twenty-First Century Tribal Energy, Inc., is certified as a TEDO. The Certification is approved. Bryan Newland, Assistant Secretary—Indian Affairs. [FR Doc. 2022–06710 Filed 3–29–22; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [223A2100DD/AAKC001030/ A0A501010.999900] HEARTH Act Approval of Pala Band of Mission Indians Leasing Ordinance Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: The Bureau of Indian Affairs (BIA) approved the Pala Band of Mission Indians 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 business leases without further BIA approval. DATES: BIA issued the approval on March 25, 2022. FOR FURTHER INFORMATION CONTACT: Ms. Carla Clark, Bureau of Indian Affairs, Division of Real Estate Services, 1001 Indian School Road NW, Albuquerque, NM 87104, carla.clark@bia.gov, (702) 484–3233. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES 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 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 VerDate Sep<11>2014 17:14 Mar 29, 2022 Jkt 256001 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 Pala Band of Mission Indians. 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 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 18381 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 E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Notices]
[Pages 18380-18381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06710]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[223A2100DD/AAKC001030/A0A501010.999900]


Indian Energy Service Center; Approval of Tribal Energy 
Development Organization Certification for the Red Lake Band of 
Chippewa Indians Nation

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice advises the public that the Department of the 
Interior (DOI) approved a Tribal Energy Development Organization (TEDO) 
Certification for Twenty-First Century Tribal Energy, Inc, which is a 
Tribally owned corporation of Red Lake Band of Chippewa Indians (Red 
Lake).

DATES: The certification takes effect on March 17, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Johnna Blackhair, Deputy Bureau 
Director, Office of Trust Services, Washington DC 20240, (202) 809-
2069.

SUPPLEMENTARY INFORMATION: A TEDO Certification allows the Tribe to 
enter into a lease or business agreement with the TEDO under 25 U.S.C. 
3504(a)(2) or a right-of-way with the TEDO under 25 U.S.C. 
3504(b)(2)(B) without Secretarial review and without a TERA. Red Lake's 
TEDO is organized under the laws of the Tribe and subject to the 
Tribe's jurisdiction, laws, and authority. The majority of the interest 
in the TEDO is owned and controlled by the Tribe (or the Tribe and one 
or more other Tribes) the Tribal land of which is being developed. The 
TEDO's organizing

[[Page 18381]]

document requires the Tribe with jurisdiction over the land to 
maintain, at all times, the controlling interest in the TEDO. The 
TEDO's organizing document requires the Tribe to own and control, at 
all times, a majority of the interest in the TEDO. The certification is 
issued under 25 U.S.C. 3504(h) and nothing in the certification waives 
the sovereign immunity of the Tribe. This is to certify that the Red 
Lake's Tribally owned company Twenty-First Century Tribal Energy, Inc., 
is certified as a TEDO. The Certification is approved.

Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2022-06710 Filed 3-29-22; 8:45 am]
BILLING CODE 4337-15-P

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