81 FR 40719 - Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 120 (June 22, 2016)

Page Range		40719-40720
FR Document		2016-14797

This notice informs the public that the Assistant Secretary-- Indian Affairs proclaimed approximately 128.30 acres, more or less, an addition to the Reservation of the Shakopee Mdewakanton Sioux Community of Minnesota on June 8, 2016.

Federal Register, Volume 81 Issue 120 (Wednesday, June 22, 2016)

[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40719-40720]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14797]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[167 A2100DD/AAKC001030/A0A501010.999900]


Proclaiming Certain Lands as Reservation for the Shakopee 
Mdewakanton Sioux Community of Minnesota

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice informs the public that the Assistant Secretary--
Indian Affairs proclaimed approximately 128.30 acres, more or less, an 
addition to the Reservation of the Shakopee Mdewakanton Sioux Community 
of Minnesota on June 8, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Sharlene Round Face, Bureau of 
Indian Affairs, Division of Real Estate Services, MS-4642-MIB, 1849 C 
Street NW., Washington, DC 20240, telephone: (202) 208-3615.

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 was issued according to the Act of June 18, 1934 (48 
Stat. 984; 25 U.S.C. 467), for the land described below. The land was 
proclaimed to be Shakopee Mdewakanton Sioux Community Reservation for 
the exclusive use of Indians on that Reservation who are entitled to 
reside at the Reservation by enrollment or tribal membership.

[[Page 40720]]

Reservation of the Shakopee Mdewakanton Sioux Community, Township of 
Shakopee, County of Scott, and State of Minnesota

Shutrop

Legal Description Containing 128.30 Acres More or Less
    The West Half of the Southeast Quarter and Government Lot 3, all in 
Section 15, Township 115 North, Range 22 West, of the 5th Principal 
Meridian, Scott County, Minnesota.
    This proclamation does not affect title to the land described 
above, nor does it affect any valid existing easements for public roads 
and highways, public utilities, railroads or pipelines, and any other 
rights-of-way or reservations of record.

    Dated: June 8, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2016-14797 Filed 6-21-16; 8:45 am]
 BILLING CODE 4337-15-P

Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 40719

Secretary—Indian Affairs, has approved Department’s leasing regulations apply and other types of leases not covered
the tribal regulations for the Oneida equally to improvements, leaseholds, under the tribal regulations according to
Nation of New York. and activities on land leased pursuant to the part 162 regulations.
tribal leasing regulations approved Accordingly, the Federal and tribal
II. Federal Preemption of State and
under the HEARTH Act. Congress’s interests weigh heavily in favor of
Local Taxes
overarching intent was to ‘‘allow Tribes preemption of state and local taxes on
The Department’s regulations to exercise greater control over their lease-related activities and interests,
governing the surface leasing of trust own land, support self-determination, regardless of whether the lease is
and restricted Indian lands specify that, and eliminate bureaucratic delays that
subject to applicable Federal law, governed by tribal leasing regulations or
stand in the way of homeownership and part 162. Improvements, activities, and
permanent improvements on leased economic development in Tribal
land, leasehold or possessory interests, leasehold or possessory interests may be
communities.’’ 158 Cong. Rec. H. 2682 subject to taxation by the Oneida Nation
and activities under the lease are not (May 15, 2012). The HEARTH Act was
subject to state and local taxation and of New York.
intended to afford tribes ‘‘flexibility to
may be subject to taxation by the Indian adapt lease terms to suit [their] business Dated: June 14, 2016.
tribe with jurisdiction. See 25 CFR and cultural needs’’ and to ‘‘enable Ann Marie Bledsoe Downes,
162.017. As explained further in the [Tribes] to approve leases quickly and Deputy Assistant Secretary—Policy and
preamble to the final regulations, the efficiently.’’ Id. at 5–6. Economic Development.
Federal Government has a strong Assessment of state and local taxes [FR Doc. 2016–14798 Filed 6–21–16; 8:45 am]
interest in promoting economic would obstruct these express Federal BILLING CODE 4337–15–P
development, self-determination, and policies supporting tribal economic
tribal sovereignty. 77 FR 72,440, development and self-determination,
72,447–48 (December 5, 2012). The and also threaten substantial tribal DEPARTMENT OF THE INTERIOR
principles supporting the Federal interests in effective tribal government,
preemption of state law in the field of economic self-sufficiency, and territorial Bureau of Indian Affairs
Indian leasing and the taxation of lease- autonomy. See Michigan v. Bay Mills
related interests and activities applies Indian Community, 134 S. Ct. 2024, [167 A2100DD/AAKC001030/
with equal force to leases entered into 2043 (2014) (Sotomayor, J., concurring) A0A501010.999900]
under tribal leasing regulations (determining that ‘‘[a] key goal of the
approved by the Federal Government Federal Government is to render tribes Proclaiming Certain Lands as
pursuant to the HEARTH Act. more self-sufficient, and better Reservation for the Shakopee
Section 5 of the Indian Reorganization positioned to fund their own sovereign Mdewakanton Sioux Community of
Act, 25 U.S.C. 465, preempts state and functions, rather than relying on Federal Minnesota
local taxation of permanent funding’’). The additional costs of state
improvements on trust land. See and local taxation have a chilling effect AGENCY: Bureau of Indian Affairs,
Confederated Tribes of the Chehalis on potential lessees, as well as on a tribe Interior.
Reservation v. Thurston County, 724 that, as a result, might refrain from ACTION: Notice.
F.3d 1153, 1157 (9th Cir. 2013) (citing exercising its own sovereign right to
Mescalero Apache Tribe v. Jones, 411 impose a tribal tax to support its SUMMARY: This notice informs the public
U.S. 145 (1973)). Similarly, section 465 infrastructure needs. See id. at 2043–44 that the Assistant Secretary—Indian
preempts state taxation of rent payments (finding that state and local taxes greatly
by a lessee for leased trust lands, Affairs proclaimed approximately
discourage tribes from raising tax 128.30 acres, more or less, an addition
because ‘‘tax on the payment of rent is revenue from the same sources because
indistinguishable from an impermissible to the Reservation of the Shakopee
the imposition of double taxation would Mdewakanton Sioux Community of
tax on the land.’’ See Seminole Tribe of impede tribal economic growth).
Florida v. Stranburg, No. 14–14524, Minnesota on June 8, 2016.
Similar to BIA’s surface leasing
*13–*17, n.8 (11th Cir. 2015). In regulations, tribal regulations under the FOR FURTHER INFORMATION CONTACT: Ms.
addition, as explained in the preamble HEARTH Act pervasively cover all Sharlene Round Face, Bureau of Indian
to the revised leasing regulations at 25 aspects of leasing. See 25 U.S.C. Affairs, Division of Real Estate Services,
CFR part 162, Federal courts have 415(h)(3)(B)(i) (requiring tribal MS–4642–MIB, 1849 C Street NW.,
applied a balancing test to determine regulations be consistent with BIA Washington, DC 20240, telephone: (202)
whether state and local taxation of non- surface leasing regulations). 208–3615.
Indians on the reservation is preempted. Furthermore, the Federal Government
See White Mountain Apache Tribe v. remains involved in the tribal land SUPPLEMENTARY INFORMATION: This
Bracker, 448 U.S. 136, 143 (1980). The leasing process by approving the tribal notice is published in the exercise of
Bracker balancing test, which is leasing regulations in the first instance authority delegated by the Secretary of
conducted against a backdrop of and providing technical assistance, the Interior to the Assistant Secretary—
‘‘traditional notions of Indian self- upon request by a tribe, for the Indian Affairs by part 209 of the
government,’’ requires a particularized development of an environmental Departmental Manual.
examination of the relevant Federal, review process. The Secretary also A proclamation was issued according
state, and tribal interests. We hereby retains authority to take any necessary to the Act of June 18, 1934 (48 Stat. 984;
adopt the Bracker analysis from the actions to remedy violations of a lease 25 U.S.C. 467), for the land described
mstockstill on DSK3G9T082PROD with NOTICES

preamble to the surface leasing or of the tribal regulations, including below. The land was proclaimed to be
regulations, 77 FR at 72,447–48, as terminating the lease or rescinding Shakopee Mdewakanton Sioux
supplemented by the analysis below. approval of the tribal regulations and Community Reservation for the
The strong Federal and tribal interests reassuming lease approval exclusive use of Indians on that
against state and local taxation of responsibilities. Moreover, the Secretary Reservation who are entitled to reside at
improvements, leaseholds, and continues to review, approve, and the Reservation by enrollment or tribal
activities on land leased under the monitor individual Indian land leases membership.

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40720 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices

Reservation of the Shakopee 20–901) (Compact) prior to enactment of Settlement Act have been executed by
Mdewakanton Sioux Community, the Settlement Act. As described in the Tribe and the Secretary.
Township of Shakopee, County of Scott, section 402 of the Settlement Act, the
Sally Jewell,
and State of Minnesota purposes of the Settlement Act are:
Secretary of the Interior.
(1) To achieve a fair, equitable, and
Shutrop [FR Doc. 2016–14699 Filed 6–21–16; 8:45 am]
final settlement of claims to water rights
Legal Description Containing 128.30 in the State of Montana for the Crow BILLING CODE 4334–63–P
Acres More or Less Tribe and for the United States for the
The West Half of the Southeast benefit of the Tribe and allottees;
Quarter and Government Lot 3, all in (2) to authorize, ratify, and confirm DEPARTMENT OF LABOR
Section 15, Township 115 North, Range the Compact;
(3) to authorize and direct the Office of the Secretary
22 West, of the 5th Principal Meridian,
Scott County, Minnesota. Secretary of the Interior (Secretary) to Agency Information Collection
This proclamation does not affect title execute the Compact and to take any Activities; Submission for OMB
to the land described above, nor does it other action necessary to carry out the Review; Comment Request; New
affect any valid existing easements for Compact in accordance with the Collection; National Evaluation of
public roads and highways, public Settlement Act; and Round 4 of the Trade Adjustment
utilities, railroads or pipelines, and any (4) to ensure the availability of funds Assistance Community College Career
other rights-of-way or reservations of necessary for the implementation of the Training (TAACCCT) Grants Program
record. Compact and the Settlement Act.
Dated: June 8, 2016. Section 415 of the Settlement Act AGENCY: Office of the Assistant
provided for repeal of the Settlement Secretary for Policy, Chief Evaluation
Lawrence S. Roberts,
Act and other consequences if certain Office, Department of Labor.
Acting Assistant Secretary—Indian Affairs.
conditions were not fulfilled on or ACTION: Notice.
[FR Doc. 2016–14797 Filed 6–21–16; 8:45 am]
before March 31, 2016, or by an
BILLING CODE 4337–15–P
extended date agreed to by the Tribe SUMMARY: The Department of Labor
and the Secretary after reasonable notice (DOL), as part of its continuing effort to
to the State, whichever is later. On reduce paperwork and respondent
DEPARTMENT OF THE INTERIOR burden, conducts a preclearance
March 21, 2016, after providing
reasonable notice to the State, the consultation program to provide the
Office of the Secretary
Secretary and the Tribe agreed to extend general public and Federal agencies
[16XD4523WS\DS10100000\DWSN00000. the deadline for publication to June 30, with an opportunity to comment on
000000\DP10020] 2016. proposed and/or continuing collections
of information in accordance with the
Statement of Findings: Crow Tribe Statement of Findings Paperwork Reduction Act of 1995
Water Rights Settlement Act of 2010 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This
In accordance with section 410(e) of
AGENCY: Office of the Secretary, Interior. the Settlement Act, I find as follows: program helps to ensure that required
ACTION: Notice. 1. The Montana Water Court has data can be provided in the desired
issued a final judgment and decree format, reporting burden (time and
SUMMARY: The Secretary of the Interior approving the Compact; financial resources) is minimized,
is publishing this notice as required by 2. all of the funds made available collection instruments are clearly
section 410(e) of the Crow Tribe Water under subsections (c) through (f) of understood, and the impact of collection
Rights Settlement Act of 2010 section 414 of the Settlement Act have requirements on respondents can be
(Settlement Act). Congress enacted the been deposited in the Crow Settlement properly assessed.
Settlement Act as Title IV of the Claims Fund; A copy of the proposed Information
Resolution Act of 2010 (Pub. L. 111– 3. the Secretary has executed the Collection Request can be obtained by
291). The publication of this notice agreements with the Tribe required by contacting the office listed below in the
causes certain waivers and releases of sections 405(a) and 406(a) of the addressee section of this notice.
claims to become effective as required Settlement Act; DATES: Written comments must be
by the Settlement Act. 4. the State has appropriated and paid submitted to the office listed in the
DATES: This notice is effective June 22, into an interest-bearing escrow account addressee section below on or before
2016. any payments due as of the date of August 22, 2016.
FOR FURTHER INFORMATION CONTACT: enactment of the Settlement Act to the ADDRESSES: You may submit comments
Address all comments and requests for Tribe under the Compact; by either one of the following methods:
additional information to Douglas Davis, 5. the Tribe has ratified the Compact Email: ChiefEvaluationOffice@
Chair, Crow Water Rights Settlement by submitting the Settlement Act and dol.gov;
Implementation Team, Department of the Compact to a vote by the tribal Mail or Courier: Molly Irwin and Janet
the Interior, Bureau of Reclamation, membership for approval or disapproval Javar, Chief Evaluation Office, U.S.
Great Plains Region, P.O. Box 36900 and the tribal membership voted to Department of Labor, Room S–2312, 200
(GP–1230), Billings, MT 59107, (406) approve the Settlement Act and the Constitution Avenue NW., Washington,
247–7710. Compact by a majority of votes cast on DC 20210.
mstockstill on DSK3G9T082PROD with NOTICES

SUPPLEMENTARY INFORMATION: The the day of the vote, as certified by the Instructions: Please submit one copy
Settlement Act was enacted to resolve Secretary and the Tribe; of your comments by only one method.
the water rights claims of the Crow 6. the Secretary has fulfilled the All submissions received must include
Tribe (Tribe) in the State of Montana requirements of section 408(a) of the the agency name and OMB Control
(State). The Tribe and the State Settlement Act; and Number identified below for this
negotiated the Crow Tribe-Montana 7. the waivers and releases authorized information collection. Because we
Water Compact (Mont. Code. Ann. 85– and set forth in section 410(a) of the continue to experience delays in

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Document Created: 2016-06-22 01:06:36
Document Modified: 2016-06-22 01:06:36

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. Sharlene Round Face, Bureau of Indian Affairs, Division of Real Estate Services, MS-4642-MIB, 1849 C Street NW., Washington, DC 20240, telephone: (202) 208-3615.
FR Citation		81 FR 40719

81 FR 40719 - Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota

DEPARTMENT OF THE INTERIORBureau of Indian Affairs

Federal Register Volume 81, Issue 120 (June 22, 2016)

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs