Proclaiming Certain Lands as Reservation for Kalispel Indian Community of the Kalispel Reservation, 67342 [2023-21297]
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67342
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
The above-described lands contain a
total of 254.363 acres, more or less,
which are subject to all valid rights,
reservations, rights-of-way, and
easements of record.
This proclamation does not affect title
to the lands described above, nor does
it affect any valid existing easements for
public roads, highways, public utilities,
railroads and pipelines, or any other
valid easements or rights-of-way or
reservations of record.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2023–21300 Filed 9–28–23; 8:45 am]
BILLING CODE 4337–15–P
This proclamation does not affect title
to the lands described above, nor does
it affect any valid existing easements for
public roads, highways, public utilities,
railroads and pipelines, or any other
valid easements or rights-of-way or
reservations of record.
DEPARTMENT OF THE INTERIOR
Bryan Newland,
Assistant Secretary—Indian Affairs.
Bureau of Indian Affairs
[FR Doc. 2023–21297 Filed 9–28–23; 8:45 am]
[234A2100DD/AAKC001030/
A0A51010.999900]
BILLING CODE 4337–15–P
Proclaiming Certain Lands as
Reservation for Kalispel Indian
Community of the Kalispel Reservation
DEPARTMENT OF THE INTERIOR
AGENCY:
Interior.
Notice of reservation
proclamation.
This notice informs the public
that the Assistant Secretary—Indian
Affairs proclaimed approximately 20.06
acres, more or less, as an addition to the
reservation of Kalispel Indian
Community of the Kalispel Reservation.
DATES: This proclamation was made on
September 21, 2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Carla H. Clark, Bureau of Indian Affairs,
Acting Division Chief, Division of Real
Estate Services, 1001 Indian School
Road NW, Box #44, Albuquerque, New
Mexico 87104, Carla.Clark@bia.gov,
(720) 424–3233.
SUPPLEMENTARY INFORMATION: This
notice is published in the exercise of
authority delegated by the Secretary of
the Interior to the Assistant Secretary—
Indian Affairs by part 209 of the
Departmental Manual.
A proclamation is issued in
accordance with the Act of June 18,
1934 (48 Stat. 984; 25 U.S.C. 5110) for
the lands described below. The lands
are proclaimed to be the Kalispel
Reservation for the Kalispel Indian
Community of the Kalispel Reservation
in Pend Oreille County, Washington.
SUMMARY:
Parcel No.: 443205320003; 14962 HWY 211
Property (a.k.a. Gould Property)
103–T1025
That portion of the Northwest Quarter of
the Southwest Quarter of Section 5,
VerDate Sep<11>2014
21:46 Sep 28, 2023
Jkt 259001
Bureau of Indian Affairs
[234A2100DD/AAKC001030/
A0A501010.999900]
Bureau of Indian Affairs,
ACTION:
lotter on DSK11XQN23PROD with NOTICES1
Township 32 North, Range 44 E. W.M., Pend
Oreille County, Washington, lying West of
Highway 20 and East of Highway No. 211
(formerly No. 6B).
Situate in Pend Oreille County,
Washington
Containing 20.06 acres, more or less.
The above described lands contain a total
of 20.06 acres, more or less, which are subject
to all valid rights, reservations, rights-of-way,
and easements of record.
HEARTH Act Approval of Soboba Band
of Luisen˜o Indians, California
Residential Leasing Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Indian Affairs
(BIA) approved the Soboba Band of
Luisen˜o Indians, California Residential
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
residential leases without further BIA
approval.
SUMMARY:
BIA issued the approval on
September 21, 2023.
DATES:
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.
FOR FURTHER INFORMATION CONTACT:
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
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Fmt 4703
Sfmt 4703
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 Soboba
Band of Luisen˜o Indians, California.
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 (IRA), 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 of the IRA 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
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[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Page 67342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21297]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/A0A51010.999900]
Proclaiming Certain Lands as Reservation for Kalispel Indian
Community of the Kalispel Reservation
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of reservation proclamation.
-----------------------------------------------------------------------
SUMMARY: This notice informs the public that the Assistant Secretary--
Indian Affairs proclaimed approximately 20.06 acres, more or less, as
an addition to the reservation of Kalispel Indian Community of the
Kalispel Reservation.
DATES: This proclamation was made on September 21, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. Carla H. Clark, Bureau of Indian
Affairs, Acting Division Chief, Division of Real Estate Services, 1001
Indian School Road NW, Box #44, Albuquerque, New Mexico 87104,
[email protected], (720) 424-3233.
SUPPLEMENTARY INFORMATION: This notice is published in the exercise of
authority delegated by the Secretary of the Interior to the Assistant
Secretary--Indian Affairs by part 209 of the Departmental Manual.
A proclamation is issued in accordance with the Act of June 18,
1934 (48 Stat. 984; 25 U.S.C. 5110) for the lands described below. The
lands are proclaimed to be the Kalispel Reservation for the Kalispel
Indian Community of the Kalispel Reservation in Pend Oreille County,
Washington.
Parcel No.: 443205320003; 14962 HWY 211 Property (a.k.a. Gould
Property)
103-T1025
That portion of the Northwest Quarter of the Southwest Quarter
of Section 5, Township 32 North, Range 44 E. W.M., Pend Oreille
County, Washington, lying West of Highway 20 and East of Highway No.
211 (formerly No. 6B).
Situate in Pend Oreille County, Washington
Containing 20.06 acres, more or less.
The above described lands contain a total of 20.06 acres, more
or less, which are subject to all valid rights, reservations,
rights-of-way, and easements of record.
This proclamation does not affect title to the lands described
above, nor does it affect any valid existing easements for public
roads, highways, public utilities, railroads and pipelines, or any
other valid easements or rights-of-way or reservations of record.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2023-21297 Filed 9-28-23; 8:45 am]
BILLING CODE 4337-15-P
