Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Indian Business Incubator Program, 68640-68641 [2024-19238]

Download as PDF 68640 Federal Register / Vol. 89, No. 166 / Tuesday, August 27, 2024 / Notices Total Estimated Number of Annual Respondents: 29 per year, on average. Total Estimated Number of Annual Responses: 174 per year, on average. Estimated Completion Time per Response: Varies from 2 hour to 11 hours. Total Estimated Number of Annual Burden Hours: 870 hours. Respondent’s Obligation: Required to Obtain a Benefit. Frequency of Collection: Annually. Total Estimated Annual Nonhour Burden Cost: $0. Authority An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Steven Mullen, Information Collection Clearance Officer, Office of Regulatory Affairs and Collaborative Action—Indian Affairs. [FR Doc. 2024–19244 Filed 8–26–24; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [245A2100DD/AAKC001030/ A0A501010.999900; OMB Control Number 1076–0199] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Indian Business Incubator Program Bureau of Indian Affairs, Interior. ACTION: Notice of information collection; request for comment. AGENCY: In accordance with the Paperwork Reduction Act of 1995, we, Assistant Secretary—Indian Affairs (AS–IA) are proposing to renew an information collection. DATES: Interested persons are invited to submit comments on or before September 26, 2024. ADDRESSES: Written comments and recommendations for the proposed information collection request (ICR) should be sent within 30 days of publication of this notice to the Office of Information and Regulatory Affairs (OIRA) through https:// www.reginfo.gov/public/do/PRA/ icrPublicCommentRequest?ref_ nbr=202405-1076-015 or by visiting https://www.reginfo.gov/public/do/ ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:14 Aug 26, 2024 Jkt 262001 PRAMain and selecting ‘‘Currently under Review—Open for Public Comments’’ and then scrolling down to the ‘‘Department of the Interior.’’ FOR FURTHER INFORMATION CONTACT: To request additional information about this ICR, contact Steven Mullen, Information Collection Clearance Officer, Office of Regulatory Affairs and Collaborative Action—Indian Affairs, U.S. Department of the Interior, 1001 Indian School Road NW, Suite 229, Albuquerque, New Mexico 87104; comments@bia.gov; (202) 924–2650. 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. You may also view the ICR at https:// www.reginfo.gov/public/ Forward?SearchTarget= PRA&textfield=1076-0199. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. A Federal Register notice with a 60day public comment period soliciting comments on this collection of information was published on June 21, 2024 (89 FR 52076). No comments were received. As part of our continuing effort to reduce paperwork and respondent burdens, we are again soliciting comments from the public and other Federal agencies on the proposed ICR that is described below. We are especially interested in public comment addressing the following: (1) Whether or not the collection of information is necessary for the proper performance of the functions of the agency, including whether or not the information will have practical utility; (2) The accuracy of our estimate of the burden for this collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) How might the agency minimize the burden of the collection of information on those who are to respond, including through the use of PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of response. Comments that you submit in response to this notice are a matter of public record. 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. Abstract: Under 25 CFR 1187, this information collection includes items that an applicant must include in an application for an Indian Business Incubator Program (IBIP) grant and that IBIP awardees must include in the annual report. Applicant contents include such items as a description of the reservation communities the incubator will serve, a three-year plan regarding the services to be offered to participating entrepreneurs, among other items, information regarding applicant’s experience in conducting assistance programs, and a site description of the location at which the applicant will provide workspace to participants, among other items. The annual report includes a detailed breakdown of the entrepreneurs the incubator has served for the year covered by the report. The authority for this information collection is the Native American Business Incubators Program Act (25 U.S.C. 5801 et seq.). We are updating the ‘‘Total Estimated Number of Annual Respondents’’ from 50 to 30 to reflect actual responses received in recent years. We are also updating ‘‘Total Estimated Number of Annual Responses’’ 100 from 30 by streamlining the program’s business practices. Finally, we are updating ‘‘Total Estimated Number of Annual Burden Hours’’ from 2,000 to 750 hours. Title of Collection: Indian Business Incubator Program, 25 CFR 1187. OMB Control Number: 1076–0199. Form Number: None. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: Individuals, Private Sector, Government. Total Estimated Number of Annual Respondents: 30. Total Estimated Number of Annual Responses: 30. E:\FR\FM\27AUN1.SGM 27AUN1 Federal Register / Vol. 89, No. 166 / Tuesday, August 27, 2024 / Notices Estimated Completion Time per Response: Ranges from 5 to 35 hours. Total Estimated Number of Annual Burden Hours: 750 hours. Respondent’s Obligation: Required to obtain a benefit. Frequency of Collection: Occasionally. Total Estimated Annual Nonhour Burden Cost: $0. Authority: An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Steven Mullen, Information Collection Clearance Officer, Office of Regulatory Affairs and Collaborative Action—Indian Affairs. [FR Doc. 2024–19238 Filed 8–26–24; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [245A2100DD/AAKC001030/ A0A501010.999900] HEARTH Act Approval of Yocha Dehe Wintun Nation, California Leasing Ordinance Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: The Bureau of Indian Affairs (BIA) approved the Yocha Dehe Wintun Nation, California 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 August 20, 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: ddrumheller on DSK120RN23PROD with NOTICES1 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, VerDate Sep<11>2014 17:14 Aug 26, 2024 Jkt 262001 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 Yocha Dehe Wintun Nation, 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, 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. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 68641 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 E:\FR\FM\27AUN1.SGM 27AUN1

Agencies

[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Notices]
[Pages 68640-68641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19238]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[245A2100DD/AAKC001030/A0A501010.999900; OMB Control Number 1076-0199]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Indian 
Business Incubator Program

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of information collection; request for comment.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
Assistant Secretary--Indian Affairs (AS-IA) are proposing to renew an 
information collection.

DATES: Interested persons are invited to submit comments on or before 
September 26, 2024.

ADDRESSES: Written comments and recommendations for the proposed 
information collection request (ICR) should be sent within 30 days of 
publication of this notice to the Office of Information and Regulatory 
Affairs (OIRA) through https://www.reginfo.gov/public/do/PRA/icrPublicCommentRequest?ref_nbr=202405-1076-015 or by visiting https://www.reginfo.gov/public/do/PRAMain and selecting ``Currently under 
Review--Open for Public Comments'' and then scrolling down to the 
``Department of the Interior.''

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Steven Mullen, Information Collection Clearance 
Officer, Office of Regulatory Affairs and Collaborative Action--Indian 
Affairs, U.S. Department of the Interior, 1001 Indian School Road NW, 
Suite 229, Albuquerque, New Mexico 87104; [email protected]; (202) 924-
2650. 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. You may also 
view the ICR at https://www.reginfo.gov/public/Forward?SearchTarget=PRA&textfield=1076-0199.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), we 
provide the general public and other Federal agencies with an 
opportunity to comment on new, proposed, revised, and continuing 
collections of information. This helps us assess the impact of our 
information collection requirements and minimize the public's reporting 
burden. It also helps the public understand our information collection 
requirements and provide the requested data in the desired format.
    A Federal Register notice with a 60-day public comment period 
soliciting comments on this collection of information was published on 
June 21, 2024 (89 FR 52076). No comments were received.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we are again soliciting comments from the public and other 
Federal agencies on the proposed ICR that is described below. We are 
especially interested in public comment addressing the following:
    (1) Whether or not the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information, including the validity of the methodology and 
assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) How might the agency minimize the burden of the collection of 
information on those who are to respond, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of response.
    Comments that you submit in response to this notice are a matter of 
public record. 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.
    Abstract: Under 25 CFR 1187, this information collection includes 
items that an applicant must include in an application for an Indian 
Business Incubator Program (IBIP) grant and that IBIP awardees must 
include in the annual report. Applicant contents include such items as 
a description of the reservation communities the incubator will serve, 
a three-year plan regarding the services to be offered to participating 
entrepreneurs, among other items, information regarding applicant's 
experience in conducting assistance programs, and a site description of 
the location at which the applicant will provide workspace to 
participants, among other items. The annual report includes a detailed 
breakdown of the entrepreneurs the incubator has served for the year 
covered by the report. The authority for this information collection is 
the Native American Business Incubators Program Act (25 U.S.C. 5801 et 
seq.).
    We are updating the ``Total Estimated Number of Annual 
Respondents'' from 50 to 30 to reflect actual responses received in 
recent years. We are also updating ``Total Estimated Number of Annual 
Responses'' 100 from 30 by streamlining the program's business 
practices. Finally, we are updating ``Total Estimated Number of Annual 
Burden Hours'' from 2,000 to 750 hours.
    Title of Collection: Indian Business Incubator Program, 25 CFR 
1187.
    OMB Control Number: 1076-0199.
    Form Number: None.
    Type of Review: Extension of a currently approved collection.
    Respondents/Affected Public: Individuals, Private Sector, 
Government.
    Total Estimated Number of Annual Respondents: 30.
    Total Estimated Number of Annual Responses: 30.

[[Page 68641]]

    Estimated Completion Time per Response: Ranges from 5 to 35 hours.
    Total Estimated Number of Annual Burden Hours: 750 hours.
    Respondent's Obligation: Required to obtain a benefit.
    Frequency of Collection: Occasionally.
    Total Estimated Annual Nonhour Burden Cost: $0.
    Authority: An agency may not conduct or sponsor and a person is not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number. The authority for this action is 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Steven Mullen,
Information Collection Clearance Officer, Office of Regulatory Affairs 
and Collaborative Action--Indian Affairs.
[FR Doc. 2024-19238 Filed 8-26-24; 8:45 am]
BILLING CODE 4337-15-P
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