HEARTH Act Approval of Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin Leasing Ordinance, 19667-19668 [2023-06874]
Download as PDF
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 63 / Monday, April 3, 2023 / Notices
negotiated and the members of the
Committee.
Meeting Agenda/Accessibility: These
meetings are open to the public.
Detailed information about the
Committee, including meeting agendas
can be accessed at https://www.bia.gov/
service/progress-act. Topics for this
meeting will include Committee priority
setting, possible subcommittees and
assignments, subcommittee reports,
negotiated rulemaking process, schedule
and agenda setting for future meetings,
Committee caucus, and public
comment. The Committee meetings will
begin at 9:00 a.m. Eastern Standard
Time on Thursday, April 20, 2023.
Members of the public wishing to attend
the meeting should visit https://
teams.microsoft.com/l/meetupjoin/
19%3ameeting_NmU5MGQ0NDUtZTdk
Mi00MzExLWIxMmEtMjc4NjE5
NzM5NTll%40thread.v2/0?context=
%7B%22Tid%22%3A%220693b5ba4b18-4d7b-9341f32f400a5494%22%2C%22Oid
%22%3A%2213321130-a12b-42908bcf-30387057bd7b%22%2C%22
IsBroadcastMeeting
%22%3Atrue%2C%22role%22%3A
%22a%22%7D&btype=a&role=a for
virtual access. The public meeting will
be held at the Federal Mediation and
Conciliation Service located at 250 E St
SW, Washington, DC 20219.
Special Accommodations: Please
make requests in advance for sign
language interpreter services, assistive
listening devices, or other reasonable
accommodations. We ask that you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section of
this notice at least seven (7) business
days prior to the meeting to give DOI
sufficient time to process your request.
All reasonable accommodation requests
are managed on a case-by-case basis.
Individuals in the United States who
are deaf, blind, 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.
Public Comments During Meeting:
Depending on the number of people
who want to comment and the time
available, the amount of time for
individual oral comments may be
limited. Requests to address the
Committee during the meeting will be
accommodated in the order the requests
are received. Individuals who wish to
expand upon their oral statements, or
those who had wished to speak but
could not be accommodated on the
VerDate Sep<11>2014
17:14 Mar 31, 2023
Jkt 259001
agenda, may submit written comments
to the Designated Federal Officer up to
30 days following the meeting. Written
comments may be sent to Vickie Hanvey
listed in the ADDRESSES section above.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should 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 that we will be able to
do so.
Authority: 5 U.S.C. 10.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2023–06878 Filed 3–31–23; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/
A0A501010.999900]
HEARTH Act Approval of Lac Courte
Oreilles Band of Lake Superior
Chippewa Indians of Wisconsin
Leasing Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Indian Affairs
(BIA) approved the Lac Courte Oreilles
Band of Lake Superior Chippewa
Indians of Wisconsin 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
March 28, 2023
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,
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
19667
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 Lac Courte
Oreilles Band of Lake Superior
Chippewa Indians of Wisconsin.
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
E:\FR\FM\03APN1.SGM
03APN1
lotter on DSK11XQN23PROD with NOTICES1
19668
Federal Register / Vol. 88, No. 63 / Monday, April 3, 2023 / Notices
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
VerDate Sep<11>2014
17:14 Mar 31, 2023
Jkt 259001
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 Lac
Courte Oreilles Band of Lake Superior
Chippewa Indians of Wisconsin.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2023–06874 Filed 3–31–23; 8:45 am]
BILLING CODE 4337–15–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–571–572 and
731–TA–1347–1348 (Review)]
Biodiesel From Argentina and
Indonesia; Scheduling of Expedited
Five-Year Reviews
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of expedited
reviews pursuant to the Tariff Act of
1930 (‘‘the Act’’) to determine whether
SUMMARY:
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
revocation of the antidumping duty and
countervailing duty orders on biodiesel
from Argentina and Indonesia would be
likely to lead to continuation or
recurrence of material injury within a
reasonably foreseeable time.
DATES: March 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Tyler Berard (202–205–3354), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this proceeding may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On March 6, 2023, the
Commission determined that the
domestic interested party group
response to its notice of institution (87
FR 73781, December 1, 2022) of the
subject five-year reviews was adequate
and that the respondent interested party
group response was inadequate. The
Commission did not find any other
circumstances that would warrant
conducting full reviews.1 Accordingly,
the Commission determined that it
would conduct expedited reviews
pursuant to section 751(c)(3) of the
Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).
For further information concerning
the conduct of these reviews and rules
of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
Staff report.—A staff report
containing information concerning the
subject matter of the reviews has been
placed in the nonpublic record, and will
be made available to persons on the
Administrative Protective Order service
list for these reviews on May 3, 2023. A
public version will be issued thereafter,
pursuant to § 207.62(d)(4) of the
Commission’s rules.
Written submissions.—As provided in
§ 207.62(d) of the Commission’s rules,
1 A record of the Commissioners’ votes, the
Commission’s statement on adequacy, and any
individual Commissioner’s statements will be
available from the Office of the Secretary and at the
Commission’s website.
E:\FR\FM\03APN1.SGM
03APN1
Agencies
[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19667-19668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06874]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/A0A501010.999900]
HEARTH Act Approval of Lac Courte Oreilles Band of Lake Superior
Chippewa Indians of Wisconsin Leasing Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (BIA) approved the Lac Courte
Oreilles Band of Lake Superior Chippewa Indians of Wisconsin 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 March 28, 2023
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 Lac Courte
Oreilles Band of Lake Superior Chippewa Indians of Wisconsin.
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
[[Page 19668]]
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 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
Lac Courte Oreilles Band of Lake Superior Chippewa Indians of
Wisconsin.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2023-06874 Filed 3-31-23; 8:45 am]
BILLING CODE 4337-15-P