83 FR 31564 - Filing of Plats of Survey: Oregon/Washington

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 83, Issue 130 (July 6, 2018)

Page Range		31564-31565
FR Document		2018-14510

The plats of survey of the following described lands are scheduled to be officially filed in the Bureau of Land Management (BLM), Oregon State Office, Portland, Oregon, 30 calendar days from the date of this publication. The surveys, which were executed at the request of the BLM, are necessary for the management of these lands.

Federal Register, Volume 83 Issue 130 (Friday, July 6, 2018)

[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Notices]
[Pages 31564-31565]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14510]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLOR957000.L63100000.HD0000.18XL1116AF.HAG 18-0123]


Filing of Plats of Survey: Oregon/Washington

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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[[Page 31565]]

SUMMARY: The plats of survey of the following described lands are 
scheduled to be officially filed in the Bureau of Land Management 
(BLM), Oregon State Office, Portland, Oregon, 30 calendar days from the 
date of this publication. The surveys, which were executed at the 
request of the BLM, are necessary for the management of these lands.

DATES: Protests must be received by the BLM by August 6, 2018.

ADDRESSES: A copy of the plats may be obtained from the Public Room at 
the Bureau of Land Management, Oregon State Office, 1220 SW 3rd Avenue, 
Portland, Oregon 97204, upon required payment. The plats may be viewed 
at this location at no cost.

FOR FURTHER INFORMATION CONTACT: Marshal Wade, Branch of Geographic 
Sciences, Bureau of Land Management, 1220 SW 3rd Avenue, Portland, 
Oregon 97204. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Relay Service at 1-800-877-8339 to contact 
the above individual during normal business hours. The FRS is available 
24 hours a day, 7 days a week, to leave a message or question with the 
above individual. You will receive a reply during normal business 
hours.

SUPPLEMENTARY INFORMATION: The plats of survey of the following 
described lands are scheduled to be officially filed in the Bureau of 
Land Management, Oregon State Office, Portland, Oregon:

Willamette Meridian, Oregon

T. 32 S., R. 1 W., accepted May 18, 2018
T. 34 S., R. 7 W., accepted May 18, 2018
T. 26 S., R. 20 E., accepted May 18, 2018
T. 7 S., R. 4 E., accepted May 18, 2018
T. 6 S., R. 1 E., accepted June 18, 2018

    A person or party who wishes to protest one or more plats of survey 
identified above must file a written notice of protest with the Chief 
Cadastral Surveyor for Oregon/Washington, Bureau of Land Management. 
The notice of protest must identify the plat(s) of survey that the 
person or party wishes to protest. The notice of protest must be filed 
before the scheduled date of official filing for the plat(s) of survey 
being protested. Any notice of protest filed after the scheduled date 
of official filing will be untimely and will not be considered. A 
notice of protest is considered filed on the date it is received by the 
Chief Cadastral Surveyor for Oregon/Washington during regular business 
hours; if received after regular business hours, a notice of protest 
will be considered filed the next business day. A written statement of 
reasons in support of a protest, if not filed with the notice of 
protest, must be filed with the Chief Cadastral Surveyor for Oregon/
Washington within 30 calendar days after the notice of protest is 
filed. If a notice of protest against a plat of survey is received 
prior to the scheduled date of official filing, the official filing of 
the plat of survey identified in the notice of protest will be stayed 
pending consideration of the protest. A plat of survey will not be 
officially filed until the next business day following dismissal or 
resolution of all protests of the plat.
    Before including your address, phone number, email address, or 
other personal identifying information in a notice of protest or 
statement of reasons, you should be aware that the documents you 
submit--including your personal identifying information--may be made 
publicly available in their entirety at any time. While you can ask us 
to withhold your personal identifying information from public review, 
we cannot guarantee that we will be able to do so.

Mary J.M. Hartel,
Chief Cadastral Surveyor of Oregon/Washington.
[FR Doc. 2018-14510 Filed 7-5-18; 8:45 am]
 BILLING CODE 4310-33-P

31564 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices

Indian Long-Term Leasing Act of 1955, U.S. 145 (1973)). Similarly, section 5108 exercising its own sovereign right to
25 U.S.C. 415. The HEARTH Act preempts State taxation of rent impose a Tribal tax to support its
authorizes Tribes to negotiate and enter payments by a lessee for leased trust infrastructure needs. See id. at 2043–44
into agricultural and business leases of lands, because ‘‘tax on the payment of (finding that State and local taxes
Tribal trust lands with a primary term rent is indistinguishable from an greatly discourage Tribes from raising
of 25 years, and up to two renewal terms impermissible tax on the land.’’ See tax revenue from the same sources
of 25 years each, without the approval Seminole Tribe of Florida v. Stranburg, because the imposition of double
of the Secretary of the Interior No. 14–14524, *13–*17, n.8 (11th Cir. taxation would impede Tribal economic
(Secretary). The HEARTH Act also 2015). In addition, as explained in the growth).
authorizes Tribes to enter into leases for preamble to the revised leasing Similar to BIA’s surface leasing
residential, recreational, religious or regulations at 25 CFR part 162, Federal regulations, Tribal regulations under the
educational purposes for a primary term courts have applied a balancing test to HEARTH Act pervasively cover all
of up to 75 years without the approval determine whether State and local aspects of leasing. See 25 U.S.C.
of the Secretary. Participating tribes taxation of non-Indians on the 415(h)(3)(B)(i) (requiring Tribal
develop Tribal leasing regulations, reservation is preempted. White regulations be consistent with BIA
including an environmental review Mountain Apache Tribe v. Bracker, 448 surface leasing regulations).
process, and then must obtain the U.S. 136, 143 (1980). The Bracker Furthermore, the Federal government
Secretary’s approval of those regulations balancing test, which is conducted remains involved in the Tribal land
prior to entering into leases. The against a backdrop of ‘‘traditional leasing process by approving the Tribal
HEARTH Act requires the Secretary to notions of Indian self-government,’’ leasing regulations in the first instance
approve Tribal regulations if the Tribal requires a particularized examination of and providing technical assistance,
regulations are consistent with the the relevant State, Federal, and Tribal upon request by a Tribe, for the
Department of the Interior’s interests. We hereby adopt the Bracker development of an environmental
(Department) leasing regulations at 25 analysis from the preamble to the review process. The Secretary also
CFR part 162 and provide for an surface leasing regulations, 77 FR at retains authority to take any necessary
environmental review process that 72,447–48, as supplemented by the actions to remedy violations of a lease
meets requirements set forth in the analysis below. or of the Tribal regulations, including
HEARTH Act. This notice announces The strong Federal and Tribal terminating the lease or rescinding
that the Secretary, through the Assistant interests against State and local taxation approval of the Tribal regulations and
Secretary—Indian Affairs, has approved of improvements, leaseholds, and reassuming lease approval
the Tribal regulations for the activities on land leased under the responsibilities. Moreover, the Secretary
Confederated Tribes of the Warm Department’s leasing regulations apply continues to review, approve, and
Springs Reservation of Oregon. equally to improvements, leaseholds, monitor individual Indian land leases
and activities on land leased pursuant to and other types of leases not covered
II. Federal Preemption of State and Tribal leasing regulations approved
Local Taxes under the Tribal regulations according
under the HEARTH Act. Congress’s to the part 162 regulations.
The Department’s regulations overarching intent was to ‘‘allow Accordingly, the Federal and Tribal
governing the surface leasing of trust [T]ribes to exercise greater control over interests weigh heavily in favor of
and restricted Indian lands specify that, their own land, support self- preemption of State and local taxes on
subject to applicable Federal law, determination, and eliminate lease-related activities and interests,
permanent improvements on leased bureaucratic delays that stand in the regardless of whether the lease is
land, leasehold or possessory interests, way of homeownership and economic governed by Tribal leasing regulations
and activities under the lease are not development in [T]ribal communities.’’ or part 162. Improvements, activities,
subject to State and local taxation and 158 Cong. Rec. H. 2682 (May 15, 2012). and leasehold or possessory interests
may be subject to taxation by the Indian The HEARTH Act was intended to may be subject to taxation by the
Tribe with jurisdiction. See 25 CFR afford Tribes ‘‘flexibility to adapt lease Confederated Tribes of the Warm
162.017. As explained further in the terms to suit [their] business and Springs Reservation of Oregon.
preamble to the final regulations, the cultural needs’’ and to ‘‘enable [Tribes]
Federal government has a strong interest to approve leases quickly and Dated: June 11, 2018.
in promoting economic development, efficiently.’’ Id. at 5–6. John Tahsuda,
self-determination, and Tribal Assessment of State and local taxes Principal Deputy Assistant Secretary—Indian
sovereignty. 77 FR 72,440, 72,447–48 would obstruct these express Federal Affairs, Exercising the Authority of the
(December 5, 2012). The principles policies supporting Tribal economic Assistant Secretary—Indian Affairs.
supporting the Federal preemption of development and self-determination, [FR Doc. 2018–14519 Filed 7–5–18; 8:45 am]
State law in the field of Indian leasing and also threaten substantial Tribal BILLING CODE 4337–15–P
and the taxation of lease-related interests in effective Tribal government,
interests and activities applies with economic self-sufficiency, and territorial
equal force to leases entered into under autonomy. See Michigan v. Bay Mills DEPARTMENT OF THE INTERIOR
Tribal leasing regulations approved by Indian Community, 134 S. Ct. 2024,
the Federal government pursuant to the 2043 (2014) (Sotomayor, J., concurring) Bureau of Land Management
HEARTH Act. (determining that ‘‘[a] key goal of the [LLOR957000.L63100000.HD0000.
Section 5 of the Indian Reorganization Federal Government is to render Tribes 18XL1116AF.HAG 18–0123]
daltland on DSKBBV9HB2PROD with NOTICES

Act, 25 U.S.C. 5108, preempts State and more self-sufficient, and better
local taxation of permanent positioned to fund their own sovereign Filing of Plats of Survey: Oregon/
improvements on trust land. functions, rather than relying on Federal Washington
Confederated Tribes of the Chehalis funding’’). The additional costs of State AGENCY: Bureau of Land Management,
Reservation v. Thurston County, 724 and local taxation have a chilling effect Interior.
F.3d 1153, 1157 (9th Cir. 2013) (citing on potential lessees, as well as on a
ACTION: Notice.
Mescalero Apache Tribe v. Jones, 411 Tribe that, as a result, might refrain from

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Document Created: 2018-07-06 00:46:18
Document Modified: 2018-07-06 00:46:18

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		Protests must be received by the BLM by August 6, 2018.
Contact		Marshal Wade, Branch of Geographic Sciences, Bureau of Land Management, 1220 SW 3rd Avenue, Portland, Oregon 97204. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 1-800-877-8339 to contact the above individual during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.
FR Citation		83 FR 31564

83 FR 31564 - Filing of Plats of Survey: Oregon/Washington

DEPARTMENT OF THE INTERIORBureau of Land Management

Federal Register Volume 83, Issue 130 (July 6, 2018)

DEPARTMENT OF THE INTERIOR
Bureau of Land Management