Proclaiming Certain Lands as Reservation for Confederated Tribes of the Chehalis Reservation of Washington, 67339-67342 [2023-21300]
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
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 25 CFR 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 25 CFR part 162. Improvements,
activities, and leasehold or possessory
interests may be subject to taxation by
the Prairie Band Potawatomi Nation.
DEPARTMENT OF THE INTERIOR
Bryan Newland,
Assistant Secretary—Indian Affairs.
105–T2213
[FR Doc. 2023–21301 Filed 9–28–23; 8:45 am]
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Bureau of Indian Affairs
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Proclaiming Certain Lands as
Reservation for Confederated Tribes of
the Chehalis Reservation of
Washington
Bureau of Indian Affairs,
Interior.
ACTION: Notice of reservation
proclamation.
AGENCY:
This notice informs the public
that the Assistant Secretary—Indian
Affairs proclaimed approximately
254.363 acres, more or less, as an
addition to the reservation of
Confederated Tribes of the Chehalis
Reservation of Washington.
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 Indian
Reorganization 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 Confederated
Tribes of the Chehalis Reservation of
Washington for Chehalis Tribe in
Thurston and Grays Harbor County,
Washington.
SUMMARY:
Confederated Tribes of the Chehalis
Reservation of Washington, 7 Parcels,
Willamette Meridian, Thurston County
and Grays Harbor County, Washington
Legal Descriptions Containing 254.363
Acres, More or Less
Parcel A
That part of Tract 19 of Jackson Fruit
Tracts as recorded in Volume 8 of Plats,
Page 54, described as follows:
Beginning at the Northwest corner of
said Tract 19; thence East 300 feet to the
True Point of Beginning; thence South
145 feet thence West 25 feet; thence
South to the North right-of-way line of
County Road; thence Easterly along said
right-of-way to the East line of said
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67339
Tract 19; thence North to the South
right-of-way line of Second Street
thence West along right-of-way line to
the Point of Beginning. Together with
that part of vacated road adjoining said
premises on the South which was
vacated in Volume 28 of the County
Commissioner’s minutes, Page 246.
Parcel B
The West 300 feet of the North 145
feet of Tract 19, Jackson Fruit Tracts, as
recorded in Volume 8 of Plats, page 54;
Excepting therefrom the West 2A30 feet.
Parcel C
That part of the East 110 feet of the
West 275 feet of Tract 19 of Jackson
Fruit Tracts as recorded in Volume 8 of
Plats, Page 54, lying Northerly of County
Road. Excepting therefrom the North
145 feet and the West 230 feet of the
South 45 feet of the North 190 feet of
said Tract 19. Together with that part of
vacated County Road adjoining said
premises on the South which was
vacated in Volume 28 of County
Commissioner’s minutes, Page 245.
Parcel D
The West 230 feet of the North 190
feet of Tract 19, Jackson Fruit Tracts, as
recorded in Volume 8 of Plats, Page 54.
Excepting therefrom that portion
conveyed to Thurston County by deed
recorded February 10, 1998, under
Auditor’s File No. 3134738.
Parcel E
The West 165 feet of that portion of
Tract 19 of Jackson Fruit Tracts as
recorded in Volume 8 of Plats, Page 54,
lying Northerly of Tract conveyed to the
State of Washington by deed dated
October 28, 1952, and recorded under
file no. 514194; together with that part,
if any, of vacated road adjoining said
premises on the Southeast which was
vacated in Volume 28 of County
Commissioner’s minutes, Page 245.
Excepting therefrom the Northerly
190 feet; and that portion lying in Tract
conveyed to the State of Washington by
deed dated June 27, 1958 and recorded
under file no. 599495. And Excepting
therefrom that portion conveyed to
Thurston County by deed recorded
February 10, 1988, under file no.
3134737. In Thurston County
Washington. Containing 4.47 acres,
more or less.
105–T2210
Parcel A
The South 445 feet of Government Lot
4 in Section 3, Township 16 North,
Range 5 West of the Willamette
Meridian; Situate in the County of Grays
Harbor, State of Washington.
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Parcel B
feet; Thence North 14°24′05″ West to a
line parallel with the North line of
Government Lot 2 a distance of 436.05
feet; Thence South 86°21′40″ East to the
intersection of the Section line between
said 10 and 11 a distance of 820.49 feet;
Thence continue South 86°21′40″ East
to the centerline of the Elma-Gate
County Road a distance of 546.16 feet;
Thence South 00°09′58″ West along said
centerline a distance of 188.27 feet to
the beginning of a concave curve to the
East having a radius point that bears
South 89°50′02″ East 3,157.28 feet;
Thence continuing along an arc having
a central angle of 09°17′22″ a distance
of 511.89 feet; Thence North 87°16′21″
West 624.84 feet to the point of
beginning;
Except Burlington Northern Railroad
Right of Way;
(Also known as Lot 2 of Grays Harbor
County Large Lot Subdivision No. 2008–
1690, recorded September 14, 2009,
under Auditor’s File No. 2009–
09140044, records of Grays Harbor
County;)
Situate in the County of Grays Harbor,
State of Washington.
The South 879.78 feet of Government
Lot 1, Except the East 363 feet thereof;
The East 11 acres of Government Lot
1, Except the right of way of the
Northern Pacific Railway Company; and
Government Lot 1, Except the East 11
acres thereof; Also Except the South
879.78 feet thereof; All in Section 10,
Township 16 North, Range 5 West of the
Willamette Meridian; Situate in the
County of Grays Harbor, State of
Washington.
Parcel C
A portion of Sections 10 and 11,
Township 16 North, Range 5 West of the
Willamette Meridian described as
follows:
Commencing at the East Quarter
corner of Section 10; Thence North
03°23′26″ East along the line between
Sections 10 and 11, a distance of 704.35
feet to the true point of beginning;
Thence North 86°21′40″ West parallel
with the said North line of Government
Lot 2 a distance of 820.49 feet to the
East edge of the Chehalis River;
Thence North 14°24′05″ West along
the edge of said Chehalis River a
distance of 363.61 feet; Thence North
22°04′26″ West to the North line of said
Government Lot 2 a distance of 300.25
feet; Thence South 86°21′40″ East along
said North line of Government Lot 2 to
the Northeast corner of said Government
Lot 2 a distance of 1,060.69 feet; Thence
continuing along said line South
86°21′40″ East to the centerline of ElmaGate County Road a distance of 511.43
feet; Thence South 00°09′58″ West along
said centerline a distance of 617.39 feet;
Thence North 86°21′40″ West 546.16
feet to the point of beginning,
Except Burlington Northern Railroad
Right of Way;
(Also known as Lot 1 of Grays Harbor
County Large Lot Subdivision No. 2008–
1690, recorded September 14, 2009,
under Auditor’s File No. 2009–
09140044, records of Grays Harbor
County;)
Situate in the County of Grays Harbor,
State of Washington.
lotter on DSK11XQN23PROD with NOTICES1
Parcel D
A portion of Sections 10 and 11,
Township 16 North, Range 5 West of the
Willamette Meridian described as
follows:
Commencing at the East Quarter
corner of Section 10 and the true point
of beginning;
Thence North 86°32′42″ West to the
East edge of the Chehalis River a
distance of 573.32 feet; Thence North
17°55′08″ West along the East edge of
said Chehalis River a distance of 313.50
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Parcel E
That portion of the Northwest Quarter
of the Northwest Quarter lying South
and West of the Old State Highway in
Section 11, Township 16 North, Range
5 West of the Willamette Meridian;
Situate in the County of Grays Harbor,
State of Washington.
Containing 95.265 acres, more or less.
105–T2214
Parcel A
That part of the SE1⁄4 of the SW1⁄4 of
Section 16, Township 17 North, Range
2 West, W.M., described as follows:
Beginning at a point on the South line
of said Section 16 that is 1,806.55 feet
East of its Southwest corner; Thence
North 660 feet; Thence East 164.25 feet;
Thence South 660 feet; Thence West
164.25 feet to the Point of Beginning;
Excepting therefrom the South 30 feet
for the County Road known as Lathrop
Road, 93rd Avenue SW in Thurston
County, Washington. Commonly known
as 2828 93rd Ave. SW, Olympia,
Washington 98512.
Parcel B
That part of the SE1⁄4 of the SW1⁄4 of
Section 16, Township 17 North, Range
2 West, W.M., described as follows:
Beginning at a point on the South line
of said Section 16 that is 1,642.3 feet
East of its Southwest corner; Running
Thence East along said South line
164.25 feet; Thence North 660 feet;
Thence East 164.25 feet; Thence North
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660 feet, more or less; to the North line
of said SE1⁄4 of SW1⁄4; Thence Westerly
along said North line 328.5 feet, more of
less; Thence South 1,320 feet, more or
less, to the Point of Beginning;
Excepting therefrom the South 30 feet
for County Road known as Lathrop
Road, 93rd Avenue SW in Thurston
County, Washington. Commonly known
as 2842 93rd Ave. SW, Olympia,
Washington 98512. Containing 9.86
acres, more or less.
157–T1231
The Southwest Quarter of the
Southwest Quarter of the Southwest
Quarter of Section 30, Township 16
North, Range 4, West of the Willamette
Meridian; County of Grays Harbor, State
of Washington.
Also: That portion of the South half of
the Southwest Quarter of the Northwest
Quarter of the Southwest Quarter, and
of the Northwest Quarter of the
Southwest Quarter of the Southwest
Quarter of Section 30, Township 16
North, Range 4, West of the Willamette
Meridian, which lies West of the center
line of a certain slough; Except that
portion lying within the Dexter Newton
County Road;
Also: That portion of the Northwest
Quarter of the Southwest Quarter of the
Southwest Quarter of Section 30,
Township 16 North, Range 4, West of
the Willamette Meridian lying East of
the center line of a certain slough and
between the boundaries of Dexter
Newton County Road extended
westerly; Containing 13.19 acres, more
or less.
157–T1250
The East 22⁄3 rods of the North 24 rods
of the Southeast Quarter of the
Southwest Quarter of the Southwest
Quarter of Section 30, Township 16
North, Range 4 West of the Willamette
Meridian;
And that part of the West 150 feet of
the Southwest Quarter of the Southeast
Quarter of the Southwest Quarter of said
Section 30 lying North of the centerline
of Harris Avenue continued West;
Together with that portion of an alley
12 feet in width platted under the Line
Addition to Oakville, as per plat
recorded in Volume 4 of Plats, page 3,
records of Grays Harbor, lying in the
West 150 feet of the Southwest Quarter
of the Southeast Quarter of the
Southwest Quarter of Section 30,
Township 16 North, Range 4 West of the
Willamette Meridian, as disclosed by
Quit Claim Deed recorded September
18, 2015, under Auditor’s File No.
2015–09180065, records of Grays Harbor
County;
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Except the East 16 feet of the West
236 feet of the North 24 rods of the
Southeast Quarter of the Southwest
Quarter of the Southwest Quarter of
Section 30, Township 16 North, Range
4 West of the Willamette Meridian;
Situate in the County of Grays Harbor,
State of Washington. Containing 4.92
acres more or less.
157–T1246
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Parcel A
Government Lots 3 and 6, AND the
Southwest Quarter of the Northeast
Quarter, Except Railroad right-of-way;
Also: The North Half of the Southeast
Quarter, Except a tract of land originally
conveyed to Max Porstmann by Oscar
Blechschmidt and Jessie H.
Blechschmidt, husband and wife, by
deed dated February 8, 1919 and
recorded in Volume 140 of Deeds, page
481, records of Grays Harbor County,
which tract is described as follows:
A triangular tract of land lying in the
Northeast Quarter of the Southeast
Quarter of Section 1, Township 15
North, Range 5 West of the Willamette
Meridian, beginning at a point on the
Section line 645 feet South of the
Quarter post; Thence running South 675
feet;
Thence West 450 feet; Thence
Northeasterly 850 feet to the point of
beginning;
Except South Bank Road and Garrard
Creek County Road;
And Except that portion of
Government Lot 3 and that portion of
the Southwest Quarter of the Northeast
Quarter of Section 1, Township 15
North, Range 5 West of the Willamette
Meridian, lying Westerly of the Westerly
right-of-way line of South Bank County
Road as conveyed to County of Grays
Harbor by Right-of-Way Deed, recorded
December 27, 1932, under Auditor’s File
No. 300850 in Volume 213 of Deeds,
page 108, records of Grays Harbor
County;
Also Except that portion of the
Northeast Quarter of Section 1,
Township 15 North, Range 5 West of the
Willamette Meridian, lying Southerly of
the Chehalis River and Northerly of the
Union Pacific Railroad right of way, the
Southwesterly line of which currently
measures 500 feet, more or less;
All situate in Section 1, Township 15
North, Range 5 West of the Willamette
Meridian; Situate in the County of Grays
Harbor, State of Washington.
Parcel B
Commencing at the Northwest corner
of the Southeast Quarter of the
Southeast Quarter of Section 1,
Township 15 North, Range 5 West of the
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Willamette Meridian; Thence South
56°20′16″ East 88.6 feet; Thence North
86°28′56″ East 533 feet, more or less, to
the North line of said subdivision and
the point of the beginning; Thence
North 88°27′04″ East along said North
line, 180 feet, more or less, to the
Westerly boundary of Garrard Creek
County Road; Thence South along the
Westerly boundary of Garrard Creek
County Road and along said boundary
as the same curves Westerly to a point
on said boundary that lies South
86°28′56″ West of the point of
beginning; Thence North 86°28′56″ East
to the point of beginning;
Excepting therefrom that portion lying
within the North 300 feet of the East 26
feet of the West 726 feet of the said
Southeast Quarter of the Southeast
Quarter;
Also: That portion of the Southeast
Quarter of the Southeast Quarter and
that portion of the Southwest Quarter of
the Southeast Quarter of Section 1,
Township 15 North, Range 5 West of the
Willamette Meridian, lying North of the
Garrard Creek County Road;
Excepting therefrom that portion lying
Southerly of the following described
line:
Commencing at the Northwest corner
of the Southeast Quarter of the
Southeast Quarter; Thence South
56°20′16″ East 88.6 feet to the North
boundary of the Garrard Creek County
Road and the point of beginning;
Thence North 86°28′56″ East 533 feet,
more or less, to the North line of said
subdivision and the terminus of said
line; Situate in the County of Grays
Harbor, State of Washington. Containing
113.96 acres, more or less.
105–T2211
Parcel A
9.577 Acres
All that portion of Parcel ‘‘X’’ lying
within Government Lots 5 and 6,
Section 36, Township 16 North, Range
5 West of the Willamette Meridian.
Parcel X
All those parts of Lots 5 and 6,
Section 36, Township 16 North, Range
5 West of the Willamette Meridian,
included within the boundaries of a
strip of land 150 feet in width, being 75
feet on each side of the center line of the
Grays Harbor and Puget Sound Railway
Company’s railroad as the same is
located and staked out upon the ground
over and across the said Lots 5 and 6,
of said Section 36; The course of said
center line across said Section 36 being
more particularly described as follows,
to-wit:
Beginning at the point of intersection
of said center line with the South
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boundary line of said Section 36 at
railway survey Station No. 2138+57,
which point is 2,427.7 feet East of the
Southwest corner of said Section 36;
Thence North 33°56′ West 745.93 feet to
Station no. 2131+11.07; Thence on a
tapered curve to the right through an
angle of 0°54′ 60 feet to Station No.
2130+51.07; Thence on a 3° curve to the
right 1,455.00 feet to Station No.
2115+96.07; Thence on a tapered curve
to the right through an angle of 0°54′ 60
feet to Station No. 2115+36.07; Thence
North 11°31′ East 334.49 feet to Station
No. 2112+01.58; Thence on a tapered
curve to the left through an angle of 3°
120 feet to Station No. 2110+81.58;
Thence on a 5° curve to the left 1,009.33
feet to Station No. 2100+72.25; Thence
on a tapered curve to the left through an
angle of 3° 120 feet to Station No.
2099+52.25; Thence North 44°57′ West
1,135.45 feet to Station No. 2088+16.8;
Thence on a 0°30′ curve to the right
839.5 feet to Station No. 2079+77.3 and
point of intersection of said center line
with West line of said Section 36, which
point is 333.4 feet South of the
Northwest corner of said Section 36;
Also: An additional strip of land 25
feet in width lying Easterly of, parallel
with and contiguous to the 150 foot
strip hereinabove described the
Southerly boundary of said 25 foot strip
being a line drawn through Station No.
2112+01.58 at right angles to said center
line and the Northerly boundary thereof
being the North line of Lot 6, of said
Section 36;
Also: An additional strip of land,
triangular in shape, lying in Lot 6, of
said Section 36, bounded on the East by
the 150 foot strip of land first
hereinabove described; on the North by
the North line of said Lot 6, and on the
West by a line extending Northwesterly
from a point which is 75 feet
Northwesterly of railway survey Station
No. 2112+01.58 to a point which is 50
feet Southwesterly of railway survey
Station No. 2100+00; the said 75 feet
and 50 feet respectively being measured
along a line drawn at right angles to the
center line hereinabove described;
Parcel B 3.321 Acres
A portion of Government Lot 5,
Section 36, Township 16 North, Range
5 West of the Willamette Meridian,
more particularly described as follows:
That portion of said Government Lot
5 lying Easterly of Garrard County Road;
Excepting therefrom all that portion of
the former railroad right-of-way
described in Parcel A above:
Situate in the County of Grays Harbor,
State of Washington.
Containing 12.90 acres, more or less
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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]
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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,
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Bureau of Indian Affairs
[234A2100DD/AAKC001030/
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Bureau of Indian Affairs,
ACTION:
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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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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
E:\FR\FM\29SEN1.SGM
29SEN1
]]>Agencies
[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67339-67342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21300]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/A0A501010.999900]
Proclaiming Certain Lands as Reservation for Confederated Tribes
of the Chehalis Reservation of Washington
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 254.363 acres, more or less, as
an addition to the reservation of Confederated Tribes of the Chehalis
Reservation of Washington.
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 Indian
Reorganization 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
Confederated Tribes of the Chehalis Reservation of Washington for
Chehalis Tribe in Thurston and Grays Harbor County, Washington.
Confederated Tribes of the Chehalis Reservation of Washington, 7
Parcels, Willamette Meridian, Thurston County and Grays Harbor County,
Washington Legal Descriptions Containing 254.363 Acres, More or Less
105-T2213
Parcel A
That part of Tract 19 of Jackson Fruit Tracts as recorded in Volume
8 of Plats, Page 54, described as follows:
Beginning at the Northwest corner of said Tract 19; thence East 300
feet to the True Point of Beginning; thence South 145 feet thence West
25 feet; thence South to the North right-of-way line of County Road;
thence Easterly along said right-of-way to the East line of said Tract
19; thence North to the South right-of-way line of Second Street thence
West along right-of-way line to the Point of Beginning. Together with
that part of vacated road adjoining said premises on the South which
was vacated in Volume 28 of the County Commissioner's minutes, Page
246.
Parcel B
The West 300 feet of the North 145 feet of Tract 19, Jackson Fruit
Tracts, as recorded in Volume 8 of Plats, page 54; Excepting therefrom
the West 2A30 feet.
Parcel C
That part of the East 110 feet of the West 275 feet of Tract 19 of
Jackson Fruit Tracts as recorded in Volume 8 of Plats, Page 54, lying
Northerly of County Road. Excepting therefrom the North 145 feet and
the West 230 feet of the South 45 feet of the North 190 feet of said
Tract 19. Together with that part of vacated County Road adjoining said
premises on the South which was vacated in Volume 28 of County
Commissioner's minutes, Page 245.
Parcel D
The West 230 feet of the North 190 feet of Tract 19, Jackson Fruit
Tracts, as recorded in Volume 8 of Plats, Page 54. Excepting therefrom
that portion conveyed to Thurston County by deed recorded February 10,
1998, under Auditor's File No. 3134738.
Parcel E
The West 165 feet of that portion of Tract 19 of Jackson Fruit
Tracts as recorded in Volume 8 of Plats, Page 54, lying Northerly of
Tract conveyed to the State of Washington by deed dated October 28,
1952, and recorded under file no. 514194; together with that part, if
any, of vacated road adjoining said premises on the Southeast which was
vacated in Volume 28 of County Commissioner's minutes, Page 245.
Excepting therefrom the Northerly 190 feet; and that portion lying
in Tract conveyed to the State of Washington by deed dated June 27,
1958 and recorded under file no. 599495. And Excepting therefrom that
portion conveyed to Thurston County by deed recorded February 10, 1988,
under file no. 3134737. In Thurston County Washington. Containing 4.47
acres, more or less.
105-T2210
Parcel A
The South 445 feet of Government Lot 4 in Section 3, Township 16
North, Range 5 West of the Willamette Meridian; Situate in the County
of Grays Harbor, State of Washington.
[[Page 67340]]
Parcel B
The South 879.78 feet of Government Lot 1, Except the East 363 feet
thereof;
The East 11 acres of Government Lot 1, Except the right of way of
the Northern Pacific Railway Company; and Government Lot 1, Except the
East 11 acres thereof; Also Except the South 879.78 feet thereof; All
in Section 10, Township 16 North, Range 5 West of the Willamette
Meridian; Situate in the County of Grays Harbor, State of Washington.
Parcel C
A portion of Sections 10 and 11, Township 16 North, Range 5 West of
the Willamette Meridian described as follows:
Commencing at the East Quarter corner of Section 10; Thence North
03[deg]23'26'' East along the line between Sections 10 and 11, a
distance of 704.35 feet to the true point of beginning; Thence North
86[deg]21'40'' West parallel with the said North line of Government Lot
2 a distance of 820.49 feet to the East edge of the Chehalis River;
Thence North 14[deg]24'05'' West along the edge of said Chehalis
River a distance of 363.61 feet; Thence North 22[deg]04'26'' West to
the North line of said Government Lot 2 a distance of 300.25 feet;
Thence South 86[deg]21'40'' East along said North line of Government
Lot 2 to the Northeast corner of said Government Lot 2 a distance of
1,060.69 feet; Thence continuing along said line South 86[deg]21'40''
East to the centerline of Elma-Gate County Road a distance of 511.43
feet; Thence South 00[deg]09'58'' West along said centerline a distance
of 617.39 feet; Thence North 86[deg]21'40'' West 546.16 feet to the
point of beginning,
Except Burlington Northern Railroad Right of Way;
(Also known as Lot 1 of Grays Harbor County Large Lot Subdivision
No. 2008-1690, recorded September 14, 2009, under Auditor's File No.
2009-09140044, records of Grays Harbor County;)
Situate in the County of Grays Harbor, State of Washington.
Parcel D
A portion of Sections 10 and 11, Township 16 North, Range 5 West of
the Willamette Meridian described as follows:
Commencing at the East Quarter corner of Section 10 and the true
point of beginning;
Thence North 86[deg]32'42'' West to the East edge of the Chehalis
River a distance of 573.32 feet; Thence North 17[deg]55'08'' West along
the East edge of said Chehalis River a distance of 313.50 feet; Thence
North 14[deg]24'05'' West to a line parallel with the North line of
Government Lot 2 a distance of 436.05 feet; Thence South 86[deg]21'40''
East to the intersection of the Section line between said 10 and 11 a
distance of 820.49 feet; Thence continue South 86[deg]21'40'' East to
the centerline of the Elma-Gate County Road a distance of 546.16 feet;
Thence South 00[deg]09'58'' West along said centerline a distance of
188.27 feet to the beginning of a concave curve to the East having a
radius point that bears South 89[deg]50'02'' East 3,157.28 feet; Thence
continuing along an arc having a central angle of 09[deg]17'22'' a
distance of 511.89 feet; Thence North 87[deg]16'21'' West 624.84 feet
to the point of beginning;
Except Burlington Northern Railroad Right of Way;
(Also known as Lot 2 of Grays Harbor County Large Lot Subdivision
No. 2008-1690, recorded September 14, 2009, under Auditor's File No.
2009-09140044, records of Grays Harbor County;)
Situate in the County of Grays Harbor, State of Washington.
Parcel E
That portion of the Northwest Quarter of the Northwest Quarter
lying South and West of the Old State Highway in Section 11, Township
16 North, Range 5 West of the Willamette Meridian; Situate in the
County of Grays Harbor, State of Washington.
Containing 95.265 acres, more or less.
105-T2214
Parcel A
That part of the SE\1/4\ of the SW\1/4\ of Section 16, Township 17
North, Range 2 West, W.M., described as follows:
Beginning at a point on the South line of said Section 16 that is
1,806.55 feet East of its Southwest corner; Thence North 660 feet;
Thence East 164.25 feet; Thence South 660 feet; Thence West 164.25 feet
to the Point of Beginning; Excepting therefrom the South 30 feet for
the County Road known as Lathrop Road, 93rd Avenue SW in Thurston
County, Washington. Commonly known as 2828 93rd Ave. SW, Olympia,
Washington 98512.
Parcel B
That part of the SE\1/4\ of the SW\1/4\ of Section 16, Township 17
North, Range 2 West, W.M., described as follows:
Beginning at a point on the South line of said Section 16 that is
1,642.3 feet East of its Southwest corner; Running Thence East along
said South line 164.25 feet; Thence North 660 feet; Thence East 164.25
feet; Thence North 660 feet, more or less; to the North line of said
SE\1/4\ of SW\1/4\; Thence Westerly along said North line 328.5 feet,
more of less; Thence South 1,320 feet, more or less, to the Point of
Beginning; Excepting therefrom the South 30 feet for County Road known
as Lathrop Road, 93rd Avenue SW in Thurston County, Washington.
Commonly known as 2842 93rd Ave. SW, Olympia, Washington 98512.
Containing 9.86 acres, more or less.
157-T1231
The Southwest Quarter of the Southwest Quarter of the Southwest
Quarter of Section 30, Township 16 North, Range 4, West of the
Willamette Meridian; County of Grays Harbor, State of Washington.
Also: That portion of the South half of the Southwest Quarter of
the Northwest Quarter of the Southwest Quarter, and of the Northwest
Quarter of the Southwest Quarter of the Southwest Quarter of Section
30, Township 16 North, Range 4, West of the Willamette Meridian, which
lies West of the center line of a certain slough; Except that portion
lying within the Dexter Newton County Road;
Also: That portion of the Northwest Quarter of the Southwest
Quarter of the Southwest Quarter of Section 30, Township 16 North,
Range 4, West of the Willamette Meridian lying East of the center line
of a certain slough and between the boundaries of Dexter Newton County
Road extended westerly; Containing 13.19 acres, more or less.
157-T1250
The East 2\2/3\ rods of the North 24 rods of the Southeast Quarter
of the Southwest Quarter of the Southwest Quarter of Section 30,
Township 16 North, Range 4 West of the Willamette Meridian;
And that part of the West 150 feet of the Southwest Quarter of the
Southeast Quarter of the Southwest Quarter of said Section 30 lying
North of the centerline of Harris Avenue continued West;
Together with that portion of an alley 12 feet in width platted
under the Line Addition to Oakville, as per plat recorded in Volume 4
of Plats, page 3, records of Grays Harbor, lying in the West 150 feet
of the Southwest Quarter of the Southeast Quarter of the Southwest
Quarter of Section 30, Township 16 North, Range 4 West of the
Willamette Meridian, as disclosed by Quit Claim Deed recorded September
18, 2015, under Auditor's File No. 2015-09180065, records of Grays
Harbor County;
[[Page 67341]]
Except the East 16 feet of the West 236 feet of the North 24 rods
of the Southeast Quarter of the Southwest Quarter of the Southwest
Quarter of Section 30, Township 16 North, Range 4 West of the
Willamette Meridian; Situate in the County of Grays Harbor, State of
Washington. Containing 4.92 acres more or less.
157-T1246
Parcel A
Government Lots 3 and 6, AND the Southwest Quarter of the Northeast
Quarter, Except Railroad right-of-way;
Also: The North Half of the Southeast Quarter, Except a tract of
land originally conveyed to Max Porstmann by Oscar Blechschmidt and
Jessie H. Blechschmidt, husband and wife, by deed dated February 8,
1919 and recorded in Volume 140 of Deeds, page 481, records of Grays
Harbor County, which tract is described as follows:
A triangular tract of land lying in the Northeast Quarter of the
Southeast Quarter of Section 1, Township 15 North, Range 5 West of the
Willamette Meridian, beginning at a point on the Section line 645 feet
South of the Quarter post; Thence running South 675 feet;
Thence West 450 feet; Thence Northeasterly 850 feet to the point of
beginning;
Except South Bank Road and Garrard Creek County Road;
And Except that portion of Government Lot 3 and that portion of the
Southwest Quarter of the Northeast Quarter of Section 1, Township 15
North, Range 5 West of the Willamette Meridian, lying Westerly of the
Westerly right-of-way line of South Bank County Road as conveyed to
County of Grays Harbor by Right-of-Way Deed, recorded December 27,
1932, under Auditor's File No. 300850 in Volume 213 of Deeds, page 108,
records of Grays Harbor County;
Also Except that portion of the Northeast Quarter of Section 1,
Township 15 North, Range 5 West of the Willamette Meridian, lying
Southerly of the Chehalis River and Northerly of the Union Pacific
Railroad right of way, the Southwesterly line of which currently
measures 500 feet, more or less;
All situate in Section 1, Township 15 North, Range 5 West of the
Willamette Meridian; Situate in the County of Grays Harbor, State of
Washington.
Parcel B
Commencing at the Northwest corner of the Southeast Quarter of the
Southeast Quarter of Section 1, Township 15 North, Range 5 West of the
Willamette Meridian; Thence South 56[deg]20'16'' East 88.6 feet; Thence
North 86[deg]28'56'' East 533 feet, more or less, to the North line of
said subdivision and the point of the beginning; Thence North
88[deg]27'04'' East along said North line, 180 feet, more or less, to
the Westerly boundary of Garrard Creek County Road; Thence South along
the Westerly boundary of Garrard Creek County Road and along said
boundary as the same curves Westerly to a point on said boundary that
lies South 86[deg]28'56'' West of the point of beginning; Thence North
86[deg]28'56'' East to the point of beginning;
Excepting therefrom that portion lying within the North 300 feet of
the East 26 feet of the West 726 feet of the said Southeast Quarter of
the Southeast Quarter;
Also: That portion of the Southeast Quarter of the Southeast
Quarter and that portion of the Southwest Quarter of the Southeast
Quarter of Section 1, Township 15 North, Range 5 West of the Willamette
Meridian, lying North of the Garrard Creek County Road;
Excepting therefrom that portion lying Southerly of the following
described line:
Commencing at the Northwest corner of the Southeast Quarter of the
Southeast Quarter; Thence South 56[deg]20'16'' East 88.6 feet to the
North boundary of the Garrard Creek County Road and the point of
beginning; Thence North 86[deg]28'56'' East 533 feet, more or less, to
the North line of said subdivision and the terminus of said line;
Situate in the County of Grays Harbor, State of Washington. Containing
113.96 acres, more or less.
105-T2211
Parcel A 9.577 Acres
All that portion of Parcel ``X'' lying within Government Lots 5 and
6, Section 36, Township 16 North, Range 5 West of the Willamette
Meridian.
Parcel X
All those parts of Lots 5 and 6, Section 36, Township 16 North,
Range 5 West of the Willamette Meridian, included within the boundaries
of a strip of land 150 feet in width, being 75 feet on each side of the
center line of the Grays Harbor and Puget Sound Railway Company's
railroad as the same is located and staked out upon the ground over and
across the said Lots 5 and 6, of said Section 36; The course of said
center line across said Section 36 being more particularly described as
follows, to-wit:
Beginning at the point of intersection of said center line with the
South boundary line of said Section 36 at railway survey Station No.
2138+57, which point is 2,427.7 feet East of the Southwest corner of
said Section 36; Thence North 33[deg]56' West 745.93 feet to Station
no. 2131+11.07; Thence on a tapered curve to the right through an angle
of 0[deg]54' 60 feet to Station No. 2130+51.07; Thence on a 3[deg]
curve to the right 1,455.00 feet to Station No. 2115+96.07; Thence on a
tapered curve to the right through an angle of 0[deg]54' 60 feet to
Station No. 2115+36.07; Thence North 11[deg]31' East 334.49 feet to
Station No. 2112+01.58; Thence on a tapered curve to the left through
an angle of 3[deg] 120 feet to Station No. 2110+81.58; Thence on a
5[deg] curve to the left 1,009.33 feet to Station No. 2100+72.25;
Thence on a tapered curve to the left through an angle of 3[deg] 120
feet to Station No. 2099+52.25; Thence North 44[deg]57' West 1,135.45
feet to Station No. 2088+16.8; Thence on a 0[deg]30' curve to the right
839.5 feet to Station No. 2079+77.3 and point of intersection of said
center line with West line of said Section 36, which point is 333.4
feet South of the Northwest corner of said Section 36;
Also: An additional strip of land 25 feet in width lying Easterly
of, parallel with and contiguous to the 150 foot strip hereinabove
described the Southerly boundary of said 25 foot strip being a line
drawn through Station No. 2112+01.58 at right angles to said center
line and the Northerly boundary thereof being the North line of Lot 6,
of said Section 36;
Also: An additional strip of land, triangular in shape, lying in
Lot 6, of said Section 36, bounded on the East by the 150 foot strip of
land first hereinabove described; on the North by the North line of
said Lot 6, and on the West by a line extending Northwesterly from a
point which is 75 feet Northwesterly of railway survey Station No.
2112+01.58 to a point which is 50 feet Southwesterly of railway survey
Station No. 2100+00; the said 75 feet and 50 feet respectively being
measured along a line drawn at right angles to the center line
hereinabove described;
Parcel B 3.321 Acres
A portion of Government Lot 5, Section 36, Township 16 North, Range
5 West of the Willamette Meridian, more particularly described as
follows:
That portion of said Government Lot 5 lying Easterly of Garrard
County Road;
Excepting therefrom all that portion of the former railroad right-
of-way described in Parcel A above:
Situate in the County of Grays Harbor, State of Washington.
Containing 12.90 acres, more or less
[[Page 67342]]
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
