HEARTH Act Approval of Pawnee Nation of Oklahoma Leasing Ordinance, 74165-74166 [2022-26211]
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Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Notices
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[FR Doc. 2022–26205 Filed 12–1–22; 8:45 am]
BILLING CODE 4338–11–P
VerDate Sep<11>2014
19:14 Dec 01, 2022
Jkt 259001
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[2231A2100DD/AAKC001030/
A0A501010.999900]
HEARTH Act Approval of Pawnee
Nation of Oklahoma Leasing
Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Indian Affairs
(BIA) approved the Pawnee Nation of
Oklahoma 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 agricultural, business,
residential, wind and solar, public,
religious, educational, recreational,
cultural, and other purposes leases
without further BIA approval.
DATES: BIA issued the approval on
November 22, 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:
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
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
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
74165
Secretary—Indian Affairs, has approved
the Tribal regulations for the Pawnee
Nation of Oklahoma.
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
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
E:\FR\FM\02DEN1.SGM
02DEN1
lotter on DSK11XQN23PROD with NOTICES1
74166
Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Notices
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 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
VerDate Sep<11>2014
19:14 Dec 01, 2022
Jkt 259001
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
Pawnee Nation of Oklahoma.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2022–26211 Filed 12–1–22; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[234 LLUT925000 L14400000.BJ0000 241A]
Filing of Plats of Survey; Utah
Bureau of Land Management,
Interior.
ACTION: Notice of filing.
AGENCY:
The Bureau of Land
Management (BLM) publishes this
notice to inform the public of the
official filing of the plats of survey of
the lands described below in the BLM
Utah State Office, Salt Lake City, Utah.
DATES: The plats of survey have been
officially filed on the dates indicated
below.
SUMMARY:
Written notices protesting a
survey must be sent to the Utah State
Director, BLM Utah State Office, 440
West 200 South, Suite 500, Salt Lake
City, Utah 84101–1345.
FOR FURTHER INFORMATION CONTACT:
Matthew J. Kurchinski, Chief Cadastral
Surveyor for Utah, BLM, Branch of
Geographic Sciences, 440 West 200
South, Suite 500, Salt Lake City, Utah
84101–1345, telephone (801) 539–4139,
or email mkurchin@blm.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States. Please
contact mkurchinski@blm.gov for more
or for accommodation.
SUPPLEMENTARY INFORMATION: The plats
of survey described below represent
ADDRESSES:
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
surveys executed at the request of the
BLM, Bureau of Indian Affairs (BIA) and
the National Park Service (NPS) and are
necessary for the management of these
lands. The lands surveyed are
represented on the following plats of
survey:
Salt Lake Meridian, Utah
T. 11 S, R. 17 W, Group No. 1341, prepared
at the request of the BLM, was accepted
September 23, 2022, and officially filed
October 14, 2022.
T. 12 S, R. 17 W, Group No. 1341, prepared
at the request of the BLM, was accepted
September 23, 2022, and officially filed
October 14, 2022.
T. 11 S, R. 18 W, Group No. 1341, prepared
at the request of the BLM, was accepted
September 23, 2022, and officially filed
October 14, 2022.
T. 12 S, R. 18 W, Group No. 1341, prepared
at the request of the BLM, was accepted
September 23, 2022, and officially filed
October 14, 2022.
T. 35 S, R. 3 E, Group No. 1452, prepared
at the request of the BLM, was accepted April
4, 2022, and officially filed April 11, 2022.
T. 43 S, R. 3 E, Group No. 1429, prepared
at the request of the NPS, was accepted
September 30, 2022, and officially filed
October 14, 2022.
T. 42 S, R. 4 E, Group No. 1429, prepared
at the request of the NPS, was accepted
September 30, 2022, and officially filed
October 14, 2022.
T. 42 S, R. 5 E, Group No. 1429, prepared
at the request of the NPS, was accepted
September 30, 2022, and officially filed
October 14, 2022.
T. 42 S, R. 15 E, Group No. 1468, prepared
at the request of the BIA, was accepted
September 26, 2022, and officially filed
October 14, 2022.
T. 39 S, R. 22 E, Group No. 1472, prepared
at the request of the BIA, was accepted
September 30, 2022, and officially filed
October 14, 2022.
T. 43 S, R. 25 E, Group No. 1462, prepared
at the request of the BIA, was accepted
September 23, 2022, and officially filed
October 27, 2022.
Copies of the plats of survey and
related field notes are available for
public review in the BLM Utah State
Office as a matter of information.
A person or party who wishes to
protest one or more of the above surveys
must file a written notice within 30
calendar days from the date of this
publication with the Utah State
Director, BLM, at the address listed in
the ADDRESSES section, stating they wish
to protest. The notice of protest must
identify the plat(s) of survey the person
or party wishes to protest. A statement
of reasons for the protest, if not filed
with the notice of protest, must be filed
with the Utah State Director within 30
calendar days after the notice of protest
is filed.
Before including your address, phone
number, email address, or other
E:\FR\FM\02DEN1.SGM
02DEN1
]]>Agencies
[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Notices]
[Pages 74165-74166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26211]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[2231A2100DD/AAKC001030/A0A501010.999900]
HEARTH Act Approval of Pawnee Nation of Oklahoma Leasing
Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (BIA) approved the Pawnee Nation
of Oklahoma 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 agricultural, business,
residential, wind and solar, public, religious, educational,
recreational, cultural, and other purposes leases without further BIA
approval.
DATES: BIA issued the approval on November 22, 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, [email protected], (702) 484-3233.
SUPPLEMENTARY INFORMATION:
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
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 Pawnee
Nation of Oklahoma.
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 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
[[Page 74166]]
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 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
Pawnee Nation of Oklahoma.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2022-26211 Filed 12-1-22; 8:45 am]
BILLING CODE 4337-15-P
