31562 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices 

involves surveying travelers to measure 

customer satisfaction with their aviation 

security screening experience in an 

effort to manage TSA’s performance at 

the airport more efficiently. 

DATES: Send your comments by 

September 4, 2018. 

ADDRESSES: Comments may be emailed 

to TSAPRA@tsa.dhs.gov or delivered to 

the TSA PRA Officer, Office of 

Information Technology (OIT), TSA–11, 

Transportation Security Administration, 

601 South 12th Street, Arlington, VA 

20598–6011. 

FOR FURTHER INFORMATION CONTACT: 

Christina A. Walsh at the above address, 

or by telephone (571) 227–2062. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.), an agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid OMB control 

number. The ICR documentation will be 

available at http://www.reginfo.gov 

upon its submission to OMB. Therefore, 

in preparation for OMB review and 

approval of the following information 

collection, TSA is soliciting comments 

to— 

(1) Evaluate whether the proposed 

information requirement is necessary for 

the proper performance of the functions 

of the agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including using 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology. 

Consistent with the requirements of 

Executive Order (E.O.) 13771, Reducing 

Regulation and Controlling Regulatory 

Costs, and E.O. 13777, Enforcing the 

Regulatory Reform Agenda, TSA is also 

requesting comments on the extent to 

which this request for information could 

be modified to reduce the burden on 

respondents. 

Information Collection Requirement 

OMB Control Number 1652–0013; 

Aviation Security Customer Satisfaction 

Performance Measurement Passenger 

Survey. TSA, with OMB’s approval, has 

conducted surveys of passengers at 

airports nationwide and now seeks 

approval to continue this effort. The 

surveys are administered using an 

intercept methodology. The intercept 

methodology uses TSA personnel who 

are not in uniform to hand deliver 

business card style forms to passengers 

immediately following the passenger’s 

experience with TSA’s checkpoint 

security functions. Passengers are 

invited, though not required, to 

complete and return the survey using 

either an online portal or by responding 

in writing to the survey questions on the 

customer satisfaction card and 

depositing the card in a drop-box at the 

airport or using U.S. mail. Prior to each 

survey collection at an airport, TSA 

personnel select the method by which 

all passengers surveyed on that 

particular occasion will be asked to 

complete and return the survey. TSA 

uses the intercept methodology to 

randomly select passengers to complete 

the survey in an effort to gain survey 

data representative of all passenger 

demographics—including passengers 

who— 

• Travel on weekdays or weekends; 

• Travel in the morning, mid-day, or 

evening; 

• Pass through each of the different 

security screening locations in the 

airport; 

• Are subject to more intensive 

screening of their baggage or person; 

and 

• Experience different volume 

conditions and wait times as they 

proceed through the security 

checkpoints. 

Each survey includes 10 to 15 

questions, and each question promotes 

a quality response so that TSA can 

identify areas in need of improvement. 

All questions concern aspects of the 

passenger’s security screening 

experience. 

TSA collects this information in order 

to continue to assess customer 

satisfaction in an effort to manage TSA 

employee performance more efficiently. 

OMB has previously approved a total of 

82 questions from which the 10 to 15 

questions are selected. TSA is 

requesting an extension of the approval 

for the information collection. 

TSA personnel have the capability to 

conduct this survey at 25 airports each 

year. Based on prior survey data and 

research, TSA estimates 384 responses 

from the passengers at each airport. The 

average number of respondents is 

estimated to be 9,600 per year (384 

passengers × 25 airports). TSA estimates 

that the time it takes to complete the 

survey either online or by writing on the 

form ranges from 3 to 7 minutes, with 

an average of 5 minutes (0.083 hours) 

per respondent. Therefore, the annual 

burden is 800 hours (9,600 responses × 

0.083 hours). 

Dated: June 28, 2018. 

Christina A. Walsh, 

TSA Paperwork Reduction Act Officer, Office 

of Information Technology. 

[FR Doc. 2018–14480 Filed 7–5–18; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[189A2100DD/AAKC001030/ 

A0A501010.999900] 

HEARTH Act Approval of San Manuel 

Band of Mission Indians, California 

Business Site Leasing Code 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: On June 11, 2018, the Bureau 

of Indian Affairs (BIA) approved the San 

Manuel Band of Mission Indians, 

California, leasing regulations under the 

HEARTH Act. With this approval, the 

Band is authorized to enter into 

business leases without BIA approval. 

FOR FURTHER INFORMATION CONTACT: 

Sharlene Round Face, Bureau of Indian 

Affairs, Division of Real Estate Services, 

1849 C Street, NW, MS–4642–MIB, 

Washington, DC 20240, at (202) 208– 

3615. 

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 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 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices 31563 

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 San 

Manuel Band of Mission Indians, 

California. 

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 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). 

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 San 

Manuel Band of Mission Indians, 

California. 

Dated: June 11, 2018. 

John Tahsuda, 

Principal Deputy Assistant Secretary—Indian 

Affairs, Exercising the Authority of the 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2018–14520 Filed 7–5–18; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[189A2100DD/AAKC001030/ 

A0A501010.999900] 

HEARTH Act Approval of the 

Confederated Tribes of the Warm 

Springs Reservation of Oregon’s Tribal 

Code 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: On June 11, 2018, the Bureau 

of Indian Affairs (BIA) approved the 

Confederated Tribes of the Warm 

Springs Reservation of Oregon (Tribe) 

leasing regulations under the Helping 

Expedite and Advance Responsible 

Tribal Homeownership Act of 2012 

(HEARTH Act). With this approval, the 

Tribe is authorized to enter into 

business leases without further BIA 

approval. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sharlene Round Face, Bureau of Indian 

Affairs, Division of Real Estate Services, 

1849 C Street, NW, MS–4642–MIB, 

Washington, DC 20240, at (202) 208– 

3615. 

SUPPLEMENTARY INFORMATION: 

I. Summary of the HEARTH Act 

The HEARTH Act makes a voluntary, 

alternative land leasing process 

available to Tribes, by amending the 


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