80 FR 36555 - HEARTH Act Approval of Federated Indians of Graton Rancheria Leasing Regulations
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 80, Issue 122 (June 25, 2015)
Bureau of Indian Affairs
Federal Register Volume 80, Issue 122 (June 25, 2015)
| Page Range | 36555-36556 | |
| FR Document | 2015-15594 |
[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)] [Notices] [Pages 36555-36556] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15594] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [156A2100DD/AAKC001030/A0A501010.999900 253G] HEARTH Act Approval of Federated Indians of Graton Rancheria Leasing Regulations AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On February 1, 2013, the Bureau of Indian Affairs (BIA) approved the Federated Indians of Graton Rancheria leasing regulations under the HEARTH Act. With this approval, the Tribe is authorized to enter into the following type of leases without BIA approval: Business leases. FOR FURTHER INFORMATION CONTACT: Ms. Cynthia Morales, Office of Trust Services--Division of Realty, Bureau of Indian Affairs; Telephone (202) 768-4166; Email: [email protected]. SUPPLEMENTARY INFORMATION: I. Summary of the HEARTH Act The HEARTH (Helping Expedite and Advance Responsible Tribal Homeownership) Act of 2012 (the 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 Act authorizes tribes to negotiate and enter into agricultural and 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. The Act also authorizes tribes to enter into leases for residential, recreational, religious or [[Page 36556]] 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 Act requires the Secretary to approve tribal regulations if the tribal regulations are consistent with the Department's leasing regulations at 25 CFR part 162 and provide for an environmental review process that meets requirements set forth in the Act. This notice announces that the Secretary, through the Assistant Secretary--Indian Affairs, has approved the tribal regulations for the Federated Indians of Graton Rancheria. 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 72,440, 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. 465, 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)). 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 72,447-48, 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.'' Id. at 5-6. 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, 134 S. Ct. 2024, 2043 (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 2043-44 (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). Just like BIA's surface leasing regulations, tribal regulations under the HEARTH Act pervasively cover all aspects of leasing. See Guidance for the Approval of Tribal Leasing Regulations under the HEARTH Act, NPM-TRUS-29 (effective Jan. 16, 2013) (providing guidance on Federal review process to ensure consistency of proposed tribal regulations with Part 162 regulations and listing required tribal regulatory provisions). 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 Federated Indians of Graton Rancheria. Dated: June 17, 2015. Kevin K. Washburn, Assistant Secretary--Indian Affairs. [FR Doc. 2015-15594 Filed 6-24-15; 8:45 am] BILLING CODE 4337-15-P
![Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices 36555
II. Background Applicant: Zoological Society of San from a captive herd maintained under
Diego, Escondido, CA; PRT–62693B the management program of the
To help us carry out our conservation Republic of South Africa, for the
responsibilities for affected species, and The applicant requests a permit to
export one male and one female purpose of enhancement of the survival
in consideration of section 10(a)(1)(A) of of the species.
the Endangered Species Act of 1973, as Mauritius pink pigeon (Nesoenas
amended (16 U.S.C. 1531 et seq.), along mayeri) to the United Kingdom for the Applicant: Keith Busse, FT. Wayne, IN;
purpose of enhancement of the survival PRT–67118B
with Executive Order 13576,
of the species. This notification covers
‘‘Delivering an Efficient, Effective, and Applicant: Temple Varner, Victor, MT;
activities to be conducted by the
Accountable Government,’’ and the PRT–66736B
applicant over a 5-year period.
President’s Memorandum for the Heads
Applicant: Denise Alden, College
of Executive Departments and Agencies Applicant: University of Pennsylvania/
Station, TX; PRT–64583B
of January 21, 2009—Transparency and School of Veterinary Medicine,
Open Government (74 FR 4685; January Philadelphia, PA; PRT–64252B Applicant: Robert Kielwasser, Dallas,
26, 2009), which call on all Federal The applicant requests a permit to Texas; PRT–68348B
agencies to promote openness and import biological samples from Asian
transparency in Government by Brenda Tapia,
elephants (Elephas maximus) from
disclosing information to the public, we Program Analyst/Data Administrator, Branch
Melbourne Zoo, Victoria, Australia for of Permits, Division of Management
invite public comment on these permit the purpose of scientific research. Authority.
applications before final action is taken.
Applicant: Exotic Feline Breeding [FR Doc. 2015–15577 Filed 6–24–15; 8:45 am]
III. Permit Applications Compound Inc., Rosamond, CA; PRT– BILLING CODE 4310–55–P
Endangered Species 61389B
The applicant requests a permit to
Applicant: Point Defiance Zoo & DEPARTMENT OF THE INTERIOR
import one captive-bred female, snow
Aquarium, Tacoma, WA; PRT–789828 leopard (Uncia uncia) for the purpose of Bureau of Indian Affairs
The applicant requests a captive-bred enhancement of the survival of the
species. This notification covers [156A2100DD/AAKC001030/
wildlife registration under 50 CFR A0A501010.999900 253G]
17.21(g) for the following species to activities to be conducted by the
applicant over a 1-year period.
enhance species propagation or HEARTH Act Approval of Federated
survival: Fishing cat (Prionailurus Applicant: Kingsley Rodrigo, Chandler, Indians of Graton Rancheria Leasing
viverrinus), clouded leopard (Neofelis AZ; PRT–53974B Regulations
nebulosi), tiger (Panthera tigris), Barbary The applicant requests a captive-bred AGENCY: Bureau of Indian Affairs,
serval (Leptailurus serval constantina), wildlife registration under 50 CFR Interior.
Parma wallaby (Macropus parma), 17.21(g) for the following species to
Asian elephant (Elephas maximus), ACTION: Notice.
enhance species propagation or
siamang (Symphalangus syndactylus), survival: Galapagos tortoise SUMMARY: On February 1, 2013, the
anoa (Bubalus depressicornis), radiated (Chelonoidis nigra), radiated tortoise Bureau of Indian Affairs (BIA) approved
tortoise (Astrochelys radiata), Malayan (Astrochelys radiate), bolson tortoise the Federated Indians of Graton
tapir (Tapirus indicus). This notification (Gopherus flavomarginatus), aquatic Rancheria leasing regulations under the
covers activities to be conducted by the box turtle (Terrapene coahuila), yellow- HEARTH Act. With this approval, the
applicant over a 5-year period. spot river turtle (Podocnemis unifilis), Tribe is authorized to enter into the
Applicant: James Madison University, and spotted pond turtle (Geoclemys following type of leases without BIA
Harrisonburg, VA; PRT–68971B hamiltonii). This notification covers approval: Business leases.
activities to be conducted by the FOR FURTHER INFORMATION CONTACT: Ms.
The applicant requests a permit to applicant over a 5- year period. Cynthia Morales, Office of Trust
import Verreaux’s sifaka (Propithecus Multiple Applicants Services—Division of Realty, Bureau of
verreauxi) ear notch and hair samples Indian Affairs; Telephone (202) 768–
from Beza Majafaly Special Reserve, The following applicants each request
4166; Email: cynthia.morales@bia.gov.
Betoiky Sud, Madadgascar for the a permit to import a sport-hunted
trophy of two male bontebok SUPPLEMENTARY INFORMATION:
purpose of scientific research. This
notification covers activities to be (Damaliscus pygargus pygargus) culled I. Summary of the HEARTH Act
conducted by the applicant over a 5- from a captive herd maintained under
the management program of the The HEARTH (Helping Expedite and
year period. Advance Responsible Tribal
Republic of South Africa, for the
Applicant: University of New Mexico, purpose of enhancement of the survival Homeownership) Act of 2012 (the Act)
Albuquerque, NM; PRT–62228B of the species. makes a voluntary, alternative land
leasing process available to tribes, by
The applicant requests a permit to Applicant: Richard Rose, Houston, TX; amending the Indian Long-Term Leasing
import chimpanzee (Pan troglodytes) PRT–60101B Act of 1955, 25 U.S.C. 415. The Act
asabaliauskas on DSK5VPTVN1PROD with NOTICES
and African elephant (Loxodonta Applicant: Jason Bryan, Cumming, GA; authorizes tribes to negotiate and enter
africana) powdered tooth enamel from PRT–60258B into agricultural and business leases of
Makerere University Biological Field tribal trust lands with a primary term of
Station, Kabarole District, Uganda for Multiple Applicants 25 years, and up to two renewal terms
the purpose of scientific research. This The following applicants each request of 25 years each, without the approval
notification covers activities to be a permit to import the sport-hunted of the Secretary of the Interior. The Act
conducted by the applicant over a 5- trophy of one male bontebok also authorizes tribes to enter into leases
year period. (Damaliscus pygargus pygargus) culled for residential, recreational, religious or
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![36556 Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices
educational purposes for a primary term interests. We hereby adopt the Bracker instance and providing technical
of up to 75 years without the approval analysis from the preamble to the assistance, upon request by a tribe, for
of the Secretary. Participating tribes surface leasing regulations, 77 FR at the development of an environmental
develop tribal leasing regulations, 72,447–48, as supplemented by the review process. The Secretary also
including an environmental review analysis below. retains authority to take any necessary
process, and then must obtain the The strong Federal and tribal interests actions to remedy violations of a lease
Secretary’s approval of those regulations against State and local taxation of or of the tribal regulations, including
prior to entering into leases. The Act improvements, leaseholds, and terminating the lease or rescinding
requires the Secretary to approve tribal activities on land leased under the approval of the tribal regulations and
regulations if the tribal regulations are Department’s leasing regulations apply reassuming lease approval
consistent with the Department’s leasing equally to improvements, leaseholds, responsibilities. Moreover, the Secretary
regulations at 25 CFR part 162 and and activities on land leased pursuant to continues to review, approve, and
provide for an environmental review tribal leasing regulations approved monitor individual Indian land leases
process that meets requirements set under the HEARTH Act. Congress’s and other types of leases not covered
forth in the Act. This notice announces overarching intent was to ‘‘allow tribes under the tribal regulations according to
that the Secretary, through the Assistant to exercise greater control over their the Part 162 regulations.
Secretary—Indian Affairs, has approved own land, support self-determination, Accordingly, the Federal and tribal
the tribal regulations for the Federated and eliminate bureaucratic delays that interests weigh heavily in favor of
Indians of Graton Rancheria. stand in the way of homeownership and preemption of State and local taxes on
economic development in tribal lease-related activities and interests,
II. Federal Preemption of State and communities.’’ 158 Cong. Rec. H. 2682
Local Taxes regardless of whether the lease is
(May 15, 2012). The HEARTH Act was governed by tribal leasing regulations or
The Department’s regulations intended to afford tribes ‘‘flexibility to Part 162. Improvements, activities, and
governing the surface leasing of trust adapt lease terms to suit [their] business leasehold or possessory interests may be
and restricted Indian lands specify that, and cultural needs’’ and to ‘‘enable subject to taxation by the Federated
subject to applicable Federal law, [tribes] to approve leases quickly and Indians of Graton Rancheria.
permanent improvements on leased efficiently.’’ Id. at 5–6.
land, leasehold or possessory interests, Assessment of State and local taxes Dated: June 17, 2015.
and activities under the lease are not would obstruct these express Federal Kevin K. Washburn,
subject to State and local taxation and policies supporting tribal economic Assistant Secretary—Indian Affairs.
may be subject to taxation by the Indian development and self-determination, [FR Doc. 2015–15594 Filed 6–24–15; 8:45 am]
tribe with jurisdiction. See 25 CFR and also threaten substantial tribal BILLING CODE 4337–15–P
162.017. As explained further in the interests in effective tribal government,
preamble to the final regulations, the economic self-sufficiency, and territorial
Federal government has a strong interest autonomy. See Michigan v. Bay Mills DEPARTMENT OF THE INTERIOR
in promoting economic development, Indian Community, 134 S. Ct. 2024,
self-determination, and tribal 2043 (2014) (Sotomayor, J., concurring) Bureau of Indian Affairs
sovereignty. 77 FR 72,440, 72447–48 (determining that ‘‘[a] key goal of the [156A2100DD/AAKC001030/
(December 5, 2012). The principles Federal Government is to render Tribes A0A501010.999900 253G]
supporting the Federal preemption of more self-sufficient, and better
State law in the field of Indian leasing positioned to fund their own sovereign HEARTH Act Approval of Mohegan
and the taxation of lease-related functions, rather than relying on Federal Tribe of Indians of Connecticut
interests and activities applies with funding’’). The additional costs of State Regulations
equal force to leases entered into under and local taxation have a chilling effect
tribal leasing regulations approved by on potential lessees, as well as on a tribe AGENCY: Bureau of Indian Affairs,
the Federal government pursuant to the that, as a result, might refrain from Interior.
HEARTH Act. exercising its own sovereign right to ACTION: Notice.
Section 5 of the Indian Reorganization impose a tribal tax to support its
Act, 25 U.S.C. 465, preempts State and infrastructure needs. See id. at 2043–44 SUMMARY: On April 8, 2014, the Bureau
local taxation of permanent (finding that State and local taxes of Indian Affairs (BIA) approved the
improvements on trust land. greatly discourage tribes from raising tax Mohegan Tribe of Indians of
Confederated Tribes of the Chehalis revenue from the same sources because Connecticut leasing regulations under
Reservation v. Thurston County, 724 the imposition of double taxation would the HEARTH Act. With this approval,
F.3d 1153, 1157 (9th Cir. 2013) (citing impede tribal economic growth). the Tribe is authorized to enter into the
Mescalero Apache Tribe v. Jones, 411 Just like BIA’s surface leasing following type of leases without BIA
U.S. 145 (1973)). In addition, as regulations, tribal regulations under the approval: Business leases.
explained in the preamble to the revised HEARTH Act pervasively cover all FOR FURTHER INFORMATION CONTACT: Ms.
leasing regulations at 25 CFR part 162, aspects of leasing. See Guidance for the Cynthia Morales, Office of Trust
Federal courts have applied a balancing Approval of Tribal Leasing Regulations Services—Division of Realty, Bureau of
test to determine whether State and under the HEARTH Act, NPM–TRUS– Indian Affairs; Telephone (202) 768–
local taxation of non-Indians on the 29 (effective Jan. 16, 2013) (providing 4166; Email: cynthia.morales@bia.gov.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
reservation is preempted. White guidance on Federal review process to SUPPLEMENTARY INFORMATION:
Mountain Apache Tribe v. Bracker, 448 ensure consistency of proposed tribal
U.S. 136, 143 (1980). The Bracker regulations with Part 162 regulations I. Summary of the HEARTH Act
balancing test, which is conducted and listing required tribal regulatory The HEARTH (Helping Expedite and
against a backdrop of ‘‘traditional provisions). Furthermore, the Federal Advance Responsible Tribal
notions of Indian self-government,’’ government remains involved in the Homeownership) Act of 2012 (the Act)
requires a particularized examination of tribal land leasing process by approving makes a voluntary, alternative land
the relevant State, Federal, and tribal the tribal leasing regulations in the first leasing process available to tribes, by
VerDate Sep<11>2014 16:37 Jun 24, 2015 Jkt 235001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\25JNN1.SGM 25JNN1](https://thefederalregister.org/doc/80_FR_36677/page/2.svg)
Document Created: 2015-12-15 14:17:31
Document Modified: 2015-12-15 14:17:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Ms. Cynthia Morales, Office of Trust Services--Division of Realty, Bureau of Indian Affairs; Telephone (202) 768-4166; Email: [email protected] | |
| FR Citation | 80 FR 36555 |
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