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

Indian Long-Term Leasing Act of 1955, 

25 U.S.C. 415. The HEARTH 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 

(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 

Confederated Tribes of the Warm 

Springs Reservation of Oregon. 

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, 72,447–48 

(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, 

No. 14–14524, *13–*17, n.8 (11th Cir. 

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 

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 

[T]ribes to exercise greater control over 

their own land, support selfdetermination, and eliminate 

bureaucratic delays that stand in the 

way of homeownership and economic 

development in [T]ribal 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). 

Similar to BIA’s surface leasing 

regulations, Tribal regulations under the 

HEARTH Act pervasively cover all 

aspects of leasing. See 25 U.S.C. 

415(h)(3)(B)(i) (requiring Tribal 

regulations be consistent with BIA 

surface leasing regulations). 

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 

Confederated Tribes of the Warm 

Springs Reservation of Oregon. 

Dated: June 11, 2018. 

John Tahsuda, 

Principal Deputy Assistant Secretary—Indian 

Affairs, Exercising the Authority of the 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2018–14519 Filed 7–5–18; 8:45 am] 

BILLING CODE 4337–15–P 

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. 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices 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 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLCON04000 L71220000.DF0000 

LVTFCX700190 17X] 

Notice of Intent To Amend the 

Resource Management Plan for the 

Colorado River Valley Field Office, 

Colorado, and Prepare an Associated 

Environmental Assessment 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Intent. 

SUMMARY: In compliance with the 

National Environmental Policy Act of 

1969, as amended (NEPA), and the 

Federal Land Policy and Management 

Act of 1976, as amended (FLPMA), the 

Bureau of Land Management (BLM) 

Colorado River Valley Field Office 

(CRVFO), Silt, Colorado, intends to 

prepare a Resource Management Plan 

(RMP) Amendment with an associated 

Environmental Assessment (EA) to 

develop the Sutey Ranch and Haines 

Management Plan and by this Notice is 

announcing the beginning of the 

scoping process to solicit public 

comments and identify issues. 

DATES: This Notice initiates the public 

scoping process for the RMP 

Amendment with an associated EA. 

Comments on issues may be submitted 

in writing until August 6, 2018. The 

date(s) and location(s) of any scoping 

meetings will be announced at least 15 

days in advance through local news 

media, newspapers and the BLM 

website at: https://go.usa.gov/xnvM5. In 

order to be included in the analysis, all 

comments must be received prior to the 

close of the 30-day scoping period or 15 

days after the last public meeting, 

whichever is later. The BLM will 

provide additional opportunities for 

public participation as appropriate. 

ADDRESSES: You may submit comments 

on issues and planning criteria related 

to Sutey Ranch Management Plan by 

any of the following methods: 

• Website: https://go.usa.gov/xnvM5. 

• Email: blm_co_si_crvfo_webmail@

blm.gov. 

• Fax: (970) 876–9090. 

• Mail: Bureau of Land Management, 

Colorado River Valley Field Office, 2300 

River Frontage Road, Silt, CO 81652. 

Documents pertinent to this proposal 

may be examined at the Colorado River 

Valley Field Office at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Brian Hopkins, Assistant Field Manager, 

telephone (970) 876–9003; address 2300 

River Frontage, Silt, CO 81652; email 

blm_co_si_crvfo_webmail@blm.gov. 

Contact Brian Hopkins to have your 

name added to our mailing list. Persons 

who use a telecommunications device 

for the deaf (TDD) may call the Federal 

Relay Service (FRS) at 1–800–877–8339 

to contact the above individual during 

normal business hours. The FRS is 

available 24 hours a day, seven days a 

week, to leave a message or question 

with the above individual. You will 

receive a reply during normal business 

hours. 

SUPPLEMENTARY INFORMATION: This 

document provides notice that the 

CRVFO, Silt, Colorado, intends to 

prepare an RMP Amendment with an 

associated EA for the future 

management of the recently acquired 

Sutey Ranch and Haines parcels. This 

Notice announces the beginning of the 

scoping process, and seeks public input 

on issues and planning criteria. The 

planning area encompasses 

approximately 669 acres of public land, 

including the 557-acre Sutey Ranch 

located in Garfield County, Colorado, 

and the 112-acre Haines parcel located 

along Prince Creek in Pitkin County, 

Colorado. The purpose of the public 

scoping process is to determine relevant 

issues that will influence the scope of 

the environmental analysis, including 

alternatives, and guide the planning 

process. The following preliminary 


daltland on DSKBBV9HB2PROD with NOTICES