Indian Gaming; Approval of Tribal-State Class III Gaming Compact Amendment Between the Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin and the State of Wisconsin, 24853 [2024-07507]

Download as PDF Federal Register / Vol. 89, No. 69 / Tuesday, April 9, 2024 / Notices DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Bureau of Indian Affairs [245A2100DD/AAKC001030/ A0A501010.999900] [245A2100DD/AAKC001030/ A0A501010.999900] HEARTH Act Approval of Ione Band of Miwok Indians of California Business Leasing Ordinance Indian Gaming; Approval of TribalState Class III Gaming Compact Amendment Between the Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin and the State of Wisconsin AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. This notice publishes the approval of the 2024 Amendments to the Lac du Flambeau Band of Lake Superior Chippewa Indians and the State of Wisconsin Gaming Compact of 1992. SUMMARY: The Amendment takes effect on April 9, 2024. DATES: Ms. Paula L. Hart, Director, Office of Indian Gaming, Office of the Assistant Secretary—Indian Affairs, Washington, DC 20240, (202) 219–4066. FOR FURTHER INFORMATION CONTACT: Under section 11 of the Indian Gaming Regulatory Act (IGRA), Public Law 100– 497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The Amendment permits the Tribe to engage in event wagering and adds the Tribe’s minimum internal control standards for sports betting, including rules governing events wagering. The Amendment also makes technical changes to update and correct various provisions of the compact. The Amendment is approved. ddrumheller on DSK120RN23PROD with NOTICES1 SUPPLEMENTARY INFORMATION: Wizipan Garriott, Principal Deputy Assistant Secretary—Indian Affairs, Exercising by delegation the authority of the Assistant Secretary—Indian Affairs. [FR Doc. 2024–07507 Filed 4–8–24; 8:45 am] BILLING CODE 4337–15–P VerDate Sep<11>2014 19:57 Apr 08, 2024 Jkt 262001 The Bureau of Indian Affairs (BIA) approved the Ione Band of Miwok Indians of California Business Leasing Ordinance under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Tribe is authorized to enter into business leases without further BIA approval. DATES: BIA issued the approval on March 29, 2024. 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 Secretary—Indian Affairs, has approved the Tribal regulations for the Ione Band of Miwok Indians of California. PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 24853 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 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, E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Notices]
[Page 24853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07507]



[[Page 24853]]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[245A2100DD/AAKC001030/A0A501010.999900]


Indian Gaming; Approval of Tribal-State Class III Gaming Compact 
Amendment Between the Lac du Flambeau Band of Lake Superior Chippewa 
Indians of the Lac du Flambeau Reservation of Wisconsin and the State 
of Wisconsin

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice publishes the approval of the 2024 Amendments to 
the Lac du Flambeau Band of Lake Superior Chippewa Indians and the 
State of Wisconsin Gaming Compact of 1992.

DATES: The Amendment takes effect on April 9, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Paula L. Hart, Director, Office of 
Indian Gaming, Office of the Assistant Secretary--Indian Affairs, 
Washington, DC 20240, (202) 219-4066.

SUPPLEMENTARY INFORMATION: Under section 11 of the Indian Gaming 
Regulatory Act (IGRA), Public Law 100-497, 25 U.S.C. 2701 et seq., the 
Secretary of the Interior shall publish in the Federal Register notice 
of approved Tribal-State compacts for the purpose of engaging in Class 
III gaming activities on Indian lands. As required by 25 CFR 293.4, all 
compacts and amendments are subject to review and approval by the 
Secretary. The Amendment permits the Tribe to engage in event wagering 
and adds the Tribe's minimum internal control standards for sports 
betting, including rules governing events wagering. The Amendment also 
makes technical changes to update and correct various provisions of the 
compact. The Amendment is approved.

Wizipan Garriott,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising by 
delegation the authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2024-07507 Filed 4-8-24; 8:45 am]
BILLING CODE 4337-15-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.