81 FR 1639 - Land Buy-Back Program for Tribal Nations Under Cobell Settlement
DEPARTMENT OF THE INTERIOR
Office of the Secretary Federal Register Volume 81, Issue 8 (January 13, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 8 (January 13, 2016)
| Page Range | 1639-1640 | |
| FR Document | 2016-00496 |
[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)] [Notices] [Pages 1639-1640] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00496] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of the Secretary [133D5670LC DLCAP0000.000000 DS10100000 DX.10129] Land Buy-Back Program for Tribal Nations Under Cobell Settlement AGENCY: Office of the Deputy Secretary, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On November 4, 2015, the Department of the Interior released the 2015 Status Report for the Land Buy-Back Program for Tribal Nations (Buy-Back Program or Program), which summarizes its implementation to date: https://www.doi.gov/buybackprogram/about. Since December 2013, the Program has paid nearly $715 million to individual landowners and has restored approximately 1.5 million acres of land to tribal governments. The Report highlights the Program's launch of two efforts to help determine its next implementation schedule. The two-pronged planning initiative seeks input from tribal governments and landowners who are interested in participating in the Program. Eligible tribal governments not already scheduled for implementation are invited to formally indicate their interest in participating in the Program no later than March 11, 2016. More information is available to tribal leaders at: https://www.doi.gov/buybackprogram/tribes. Additionally, the Program has launched a nationwide recruitment drive to identify and engage landowners who are interested in learning more about this opportunity. The Department also announced that Deputy Secretary Connor will host a Listening Session on March 3, 2016, at the Albuquerque Convention Center in Albuquerque, New Mexico, from 1:00-5:00 p.m. MT. DATES: The Department will accept expressions of interest from eligible tribal governments that exercise jurisdiction over locations not on its current implementation schedule until March 11, 2016. Interested landowners are strongly encouraged to contact the Trust Beneficiary Call Center (Call Center) at 888-678-6836 to register their interest and confirm contact information by that same deadline, in order for their interest to be incorporated as a factor as [[Page 1640]] the Program develops its next implementation schedule. FOR FURTHER INFORMATION CONTACT: Tribal staff should contact [email protected] with questions regarding the expressions of interest. Landowners seeking to register their interest should contact the Call Center at (888) 678-6836. SUPPLEMENTARY INFORMATION: I. Background The Buy-Back Program is the Department of the Interior's collaborative effort with Indian Country to realize the historic opportunity afforded by the Cobell Settlement--a $1.9 billion Trust Land Consolidation Fund--to compensate individuals who voluntarily choose to sell fractional land interests for fair market value. Purchased lands are then transferred to the tribal government with jurisdiction for uses to benefit the tribal community as a whole. Individuals who accept their purchase offers receive payments directly into their Individual Indian Money accounts at the Office of Special Trustee for American Indians (OST). In addition to receiving fair market value based on objective appraisals, individuals also receive a base payment of $75 per offer, regardless of the value of the land. The Department is currently implementing the Buy-Back Program at multiple locations across Indian Country. Thus far, the Program has paid nearly $715 million directly to individuals who have chosen to sell fractional interests. This has restored the equivalent of more than 1.5 million acres to tribes. Our working relationships with tribes (25 cooperative agreements or other arrangements to date) and continued outreach to landowners are important elements of continued progress. II. Planning Initiative--Tribal Nations The Buy-Back Program's implementation schedule has thus far been guided by various planning activities, an open solicitation from November 2013-March 2014, and by a number of factors developed in partnership with tribal leaders and individuals through early Program consultation and one-on-one meetings. Those factors include severity of fractionation; degree of ownership overlap between locations; geographic location to maximize efficiency and resources; appraisal complexity; and overall interest of a tribe. Using this strategy, the Department identified 42 locations where land consolidation activities--such as planning, outreach, mapping, mineral evaluations, appraisals or acquisitions--are expected to take place through the middle of 2017. These communities represented approximately 83 percent of all outstanding fractional interests across Indian Country. More information on this selection can be found in the Program's 2014 Status Report: https://www.doi.gov/sites/doi.gov/files/uploads/Buy-BackProgramStatusReport-11-20-14.pdf. The Program is currently inviting all eligible tribal governments that exercise jurisdiction over locations not on its current implementation schedule to submit expressions of interest regarding participation. In addition to noting any interest, the Program also seeks to understand what plans each tribal government may have to utilize consolidated lands, such as economic development, additional housing, infrastructure improvements, habitat protection, and cultural preservation. Details regarding this solicitation are available at https://www.doi.gov/buybackprogram/tribes. This will likely be one of the final opportunities for the remaining eligible tribal governments to register their interest in participating in the Program. The Program will accept expressions of interest through March 11, 2016. III. Planning Initiative--Interested Landowners There are about 245,000 owners of nearly three million fractional interests across Indian Country who are eligible to participate in the Buy-Back Program. Many receive little or no economic benefit from what are often small, undivided interests in lands that cannot be utilized due to their highly fractionated state. Since the inception of the Buy-Back Program, it has been a priority to provide as much access to information as possible to landowners who may be interested in participating. Across the Department, teams within the Offices of the Secretary and Deputy Secretary, OST and the Bureau of Indian Affairs (BIA) have conducted significant outreach to provide resources to individuals so that they may make informed decisions about the use of their fractional land. The level of interest--or willing sellers--registered with the Department has always been one of the determining factors as the Program develops its implementation schedules. In fact, we have identified more than 15,000 unique willing sellers across the country. The Program has now launched a nationwide recruitment drive to further identify and engage landowners who are interested in participating in the Program. Interested landowners should call the Call Center at (888) 678-6836 to register their interest and confirm contact information. While landowners who do not register as willing sellers may still receive an offer, contacting the Call Center is the best way to ensure that the Program is aware of their interest in receiving and considering an offer. Registration in no way commits a landowner to sell their land and is no guarantee that they will receive an offer; it merely identifies the landowner's interest in receiving an offer. IV. Additional Resources Information about the Program is available at: http://www.doi.gov/buybackprogram. To learn more about how the Program works, understand the appraisal process, or receive financial training and resources to think strategically about how to use funds they may receive, individuals can contact the Call Center or visit their local OST or BIA office. Extensive frequently asked questions and answers are also online at: http://www.doi.gov/buybackprogram/landowners/upload/Frequently-Asked-Questions.pdf. Dated: December 21, 2015. Michael L. Connor, Deputy Secretary. [FR Doc. 2016-00496 Filed 1-12-16; 8:45 am] BILLING CODE 4310-10-P
![Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices 1639
in promoting economic development, Assessment of State and local taxes Dated: January 6, 2016.
self-determination, and Tribal would obstruct these express Federal Lawrence S. Roberts,
sovereignty. 77 FR 72440, 72447–48 policies supporting Tribal economic Acting Assistant Secretary—Indian Affairs.
(December 5, 2012). The principles development and self-determination, [FR Doc. 2016–00518 Filed 1–12–16; 8:45 am]
supporting the Federal preemption of and also threaten substantial Tribal BILLING CODE 4337–15–P
State law in the field of Indian leasing interests in effective Tribal government,
and the taxation of lease-related economic self-sufficiency, and territorial
interests and activities applies with autonomy. See Michigan v. Bay Mills DEPARTMENT OF THE INTERIOR
equal force to leases entered into under Indian Community, 134 S. Ct. 2024,
Tribal leasing regulations approved by 2043 (2014) (Sotomayor, J., concurring) Office of the Secretary
the Federal government pursuant to the (determining that ‘‘[a] key goal of the [133D5670LC DLCAP0000.000000
HEARTH Act. Federal Government is to render Tribes DS10100000 DX.10129]
Section 5 of the Indian Reorganization more self-sufficient, and better
Act, 25 U.S.C. 465, preempts State and positioned to fund their own sovereign Land Buy-Back Program for Tribal
local taxation of permanent functions, rather than relying on Federal Nations Under Cobell Settlement
improvements on trust land. funding’’). The additional costs of State
and local taxation have a chilling effect AGENCY: Office of the Deputy Secretary,
Confederated Tribes of the Chehalis Interior.
Reservation v. Thurston County, 724 on potential lessees, as well as on a
Tribe that, as a result, might refrain from ACTION: Notice.
F.3d 1153, 1157 (9th Cir. 2013) (citing
Mescalero Apache Tribe v. Jones, 411 exercising its own sovereign right to SUMMARY: On November 4, 2015, the
U.S. 145 (1973)). Similarly, section 465 impose a Tribal tax to support its Department of the Interior released the
preempts state taxation of rent payments infrastructure needs. See id. at 2043–44
2015 Status Report for the Land Buy-
by a lessee for leased trust lands, (finding that State and local taxes
Back Program for Tribal Nations (Buy-
because ‘‘tax on the payment of rent is greatly discourage Tribes from raising
Back Program or Program), which
indistinguishable from an impermissible tax revenue from the same sources
summarizes its implementation to date:
tax on the land.’’ See Seminole Tribe of because the imposition of double
https://www.doi.gov/buybackprogram/
Florida v. Stranburg, No. 14–14524, taxation would impede Tribal economic
about. Since December 2013, the
*13–*17, n.8 (11th Cir. 2015). In growth).
Just like BIA’s surface leasing Program has paid nearly $715 million to
addition, as explained in the preamble individual landowners and has restored
regulations, Tribal regulations under the
to the revised leasing regulations at 25 approximately 1.5 million acres of land
HEARTH Act pervasively cover all
CFR part 162, Federal courts have to tribal governments.
aspects of leasing. See Guidance for the
applied a balancing test to determine The Report highlights the Program’s
Approval of Tribal Leasing Regulations
whether State and local taxation of non- launch of two efforts to help determine
under the HEARTH Act, NPM–TRUS–
Indians on the reservation is preempted. its next implementation schedule. The
29 (effective Jan. 16, 2013) (providing
White Mountain Apache Tribe v. two-pronged planning initiative seeks
guidance on Federal review process to
Bracker, 448 U.S. 136, 143 (1980). The input from tribal governments and
ensure consistency of proposed tribal
Bracker balancing test, which is landowners who are interested in
regulations with part 162 regulations
conducted against a backdrop of and listing required Tribal regulatory participating in the Program. Eligible
‘‘traditional notions of Indian self- provisions). Furthermore, the Federal tribal governments not already
government,’’ requires a particularized government remains involved in the scheduled for implementation are
examination of the relevant State, Tribal land leasing process by approving invited to formally indicate their
Federal, and Tribal interests. We hereby the Tribal leasing regulations in the first interest in participating in the Program
adopt the Bracker analysis from the instance and providing technical no later than March 11, 2016. More
preamble to the surface leasing assistance, upon request by a Tribe, for information is available to tribal leaders
regulations, 77 FR at 72447–48, as the development of an environmental at: https://www.doi.gov/
supplemented by the analysis below. review process. The Secretary also buybackprogram/tribes. Additionally,
The strong Federal and Tribal retains authority to take any necessary the Program has launched a nationwide
interests against State and local taxation actions to remedy violations of a lease recruitment drive to identify and engage
of improvements, leaseholds, and or of the Tribal regulations, including landowners who are interested in
activities on land leased under the terminating the lease or rescinding learning more about this opportunity.
Department’s leasing regulations apply approval of the Tribal regulations and The Department also announced that
equally to improvements, leaseholds, reassuming lease approval Deputy Secretary Connor will host a
and activities on land leased pursuant to responsibilities. Moreover, the Secretary Listening Session on March 3, 2016, at
Tribal leasing regulations approved continues to review, approve, and the Albuquerque Convention Center in
under the HEARTH Act. Congress’s monitor individual Indian land leases Albuquerque, New Mexico, from 1:00–
overarching intent was to ‘‘allow Tribes and other types of leases not covered 5:00 p.m. MT.
to exercise greater control over their under the Tribal regulations according DATES: The Department will accept
own land, support self-determination, to the part 162 regulations. expressions of interest from eligible
and eliminate bureaucratic delays that Accordingly, the Federal and Tribal tribal governments that exercise
stand in the way of homeownership and interests weigh heavily in favor of jurisdiction over locations not on its
asabaliauskas on DSK5VPTVN1PROD with NOTICES
economic development in Tribal preemption of State and local taxes on current implementation schedule until
communities.’’ 158 Cong. Rec. H. 2682 lease-related activities and interests, March 11, 2016. Interested landowners
(May 15, 2012). The HEARTH Act was regardless of whether the lease is are strongly encouraged to contact the
intended to afford Tribes ‘‘flexibility to governed by Tribal leasing regulations Trust Beneficiary Call Center (Call
adapt lease terms to suit [their] business or part 162. Improvements, activities, Center) at 888–678–6836 to register their
and cultural needs’’ and to ‘‘enable and leasehold or possessory interests interest and confirm contact information
[Tribes] to approve leases quickly and may be subject to taxation by the Ohkay by that same deadline, in order for their
efficiently.’’ Id. at 5–6. Owingeh. interest to be incorporated as a factor as
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![1640 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices
the Program develops its next planning, outreach, mapping, mineral who are interested in participating in
implementation schedule. evaluations, appraisals or acquisitions— the Program.
FOR FURTHER INFORMATION CONTACT: are expected to take place through the Interested landowners should call the
Tribal staff should contact middle of 2017. These communities Call Center at (888) 678–6836 to register
buybackprogram@ios.doi.gov with represented approximately 83 percent of their interest and confirm contact
questions regarding the expressions of all outstanding fractional interests information. While landowners who do
interest. Landowners seeking to register across Indian Country. More not register as willing sellers may still
their interest should contact the Call information on this selection can be receive an offer, contacting the Call
Center at (888) 678–6836. found in the Program’s 2014 Status Center is the best way to ensure that the
Report: https://www.doi.gov/sites/ Program is aware of their interest in
SUPPLEMENTARY INFORMATION:
doi.gov/files/uploads/Buy- receiving and considering an offer.
I. Background BackProgramStatusReport-11-20-14.pdf. Registration in no way commits a
The Program is currently inviting all landowner to sell their land and is no
The Buy-Back Program is the
eligible tribal governments that exercise guarantee that they will receive an offer;
Department of the Interior’s
jurisdiction over locations not on its it merely identifies the landowner’s
collaborative effort with Indian Country
current implementation schedule to interest in receiving an offer.
to realize the historic opportunity
submit expressions of interest regarding
afforded by the Cobell Settlement—a IV. Additional Resources
participation. In addition to noting any
$1.9 billion Trust Land Consolidation interest, the Program also seeks to Information about the Program is
Fund—to compensate individuals who understand what plans each tribal available at: http://www.doi.gov/
voluntarily choose to sell fractional land government may have to utilize buybackprogram. To learn more about
interests for fair market value. consolidated lands, such as economic how the Program works, understand the
Purchased lands are then transferred to development, additional housing, appraisal process, or receive financial
the tribal government with jurisdiction infrastructure improvements, habitat training and resources to think
for uses to benefit the tribal community protection, and cultural preservation. strategically about how to use funds
as a whole. Details regarding this solicitation are they may receive, individuals can
Individuals who accept their purchase available at https://www.doi.gov/ contact the Call Center or visit their
offers receive payments directly into buybackprogram/tribes. This will likely local OST or BIA office.
their Individual Indian Money accounts be one of the final opportunities for the Extensive frequently asked questions
at the Office of Special Trustee for remaining eligible tribal governments to and answers are also online at: http://
American Indians (OST). In addition to register their interest in participating in www.doi.gov/buybackprogram/
receiving fair market value based on the Program. The Program will accept landowners/upload/Frequently-Asked-
objective appraisals, individuals also expressions of interest through March Questions.pdf.
receive a base payment of $75 per offer, 11, 2016.
regardless of the value of the land. Dated: December 21, 2015.
The Department is currently III. Planning Initiative—Interested Michael L. Connor,
implementing the Buy-Back Program at Landowners Deputy Secretary.
multiple locations across Indian There are about 245,000 owners of [FR Doc. 2016–00496 Filed 1–12–16; 8:45 am]
Country. Thus far, the Program has paid nearly three million fractional interests BILLING CODE 4310–10–P
nearly $715 million directly to across Indian Country who are eligible
individuals who have chosen to sell to participate in the Buy-Back Program.
fractional interests. This has restored Many receive little or no economic DEPARTMENT OF THE INTERIOR
the equivalent of more than 1.5 million benefit from what are often small,
National Park Service
acres to tribes. Our working undivided interests in lands that cannot
relationships with tribes (25 cooperative be utilized due to their highly [NPS–WASO–CR–HPS–19352;
agreements or other arrangements to fractionated state. PPWOCRADI0, PCU00RP14.R50000]
date) and continued outreach to Since the inception of the Buy-Back
landowners are important elements of Program, it has been a priority to Proposed Renewal of Information
continued progress. provide as much access to information Collection; Historic Preservation
as possible to landowners who may be Certification Application
II. Planning Initiative—Tribal Nations
interested in participating. Across the AGENCY: National Park Service, Interior.
The Buy-Back Program’s Department, teams within the Offices of ACTION: Notice; request for comments.
implementation schedule has thus far the Secretary and Deputy Secretary,
been guided by various planning OST and the Bureau of Indian Affairs SUMMARY: We (National Park Service,
activities, an open solicitation from (BIA) have conducted significant NPS) will ask the Office of Management
November 2013–March 2014, and by a outreach to provide resources to and Budget (OMB) to renew approval
number of factors developed in individuals so that they may make for the information collection (IC)
partnership with tribal leaders and informed decisions about the use of described below. To comply with the
individuals through early Program their fractional land. Paperwork Reduction Act of 1995 and
consultation and one-on-one meetings. The level of interest—or willing as a part of our continuing efforts to
Those factors include severity of sellers—registered with the Department reduce paperwork and respondent
asabaliauskas on DSK5VPTVN1PROD with NOTICES
fractionation; degree of ownership has always been one of the determining burden, we invite the general public and
overlap between locations; geographic factors as the Program develops its other Federal agencies to comment on
location to maximize efficiency and implementation schedules. In fact, we this IC. This IC is scheduled to expire
resources; appraisal complexity; and have identified more than 15,000 on July 31, 2016. We may not conduct
overall interest of a tribe. unique willing sellers across the or sponsor and a person is not required
Using this strategy, the Department country. The Program has now launched to respond to a collection unless it
identified 42 locations where land a nationwide recruitment drive to displays a currently valid OMB control
consolidation activities—such as further identify and engage landowners number.
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Document Created: 2016-01-13 01:01:14
Document Modified: 2016-01-13 01:01:14
| 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. | |
| Dates | https://www.doi.gov/buybackprogram/about. Since December 2013, the Program has paid nearly $715 million to individual landowners and has restored approximately 1.5 million acres of land to tribal governments. | |
| Contact | Tribal staff should contact [email protected] with questions regarding the expressions of interest. Landowners seeking to register their interest should contact the Call Center at (888) 678-6836. | |
| FR Citation | 81 FR 1639 |
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