18380 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices 

74102, allowing for a 60-day public 

comment period. USCIS did receive 1 

comment in connection with the 60-day 

notice. 

You may access the information 

collection instrument with instructions, 

or additional information by visiting the 

Federal eRulemaking Portal site at: 

http://www.regulations.gov and enter 

USCIS–2007–0034 in the search box. 

The comments submitted to USCIS via 

this method are visible to the Office of 

Management and Budget and comply 

with the requirements of 5 CFR 

1320.12(c). All submissions will be 

posted, without change, to the Federal 

eRulemaking Portal at http://

www.regulations.gov, and will include 

any personal information you provide. 

Therefore, submitting this information 

makes it public. You may wish to 

consider limiting the amount of 

personal information that you provide 

in any voluntary submission you make 

to DHS. DHS may withhold information 

provided in comments from public 

viewing that it determines may impact 

the privacy of an individual or is 

offensive. For additional information, 

please read the Privacy Act notice that 

is available via the link in the footer of 

http://www.regulations.gov. 

Written comments and suggestions 

from the public and affected agencies 

should address one or more of the 

following four points: 

(1) Evaluate whether the proposed 

collection of information 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 of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(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 through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Overview of This Information 

Collection 

(1) Type of Information Collection 

Request: Extension, Without Change, of 

a Currently Approved Collection. 

(2) Title of the Form/Collection: 

Application for Asylum and for 

Withholding of Removal. 

(3) Agency form number, if any, and 

the applicable component of the DHS 

sponsoring the collection: I–589; USCIS. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Individuals or 

households. Form I–589 is necessary to 

determine whether an alien applying for 

asylum and/or withholding of removal 

in the United States is classified as 

refugee and is eligible to remain in the 

United States. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: The estimated total number of 

respondents for the information 

collection I–589 is approximately 

85,500 and the estimated hour burden 

per response is 12 hours per response; 

the estimated total number of 

respondents for the information 

collection I–589 (online filing) is 

approximately 28,500 and the estimated 

hour burden per response is 11 hours 

per response, and the estimated number 

of respondents providing biometrics is 

110,000 and the estimated hour burden 

per response is 1.17 hours. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: The total estimated annual 

hour burden associated with this 

collection is 1,468,200 hours. 

(7) An estimate of the total public 

burden (in cost) associated with the 

collection: The estimated total annual 

cost burden associated with this 

collection of information is $46,968,000. 

Dated: March 24, 2022. 

Samantha L Deshommes, 

Chief, Regulatory Coordination Division, 

Office of Policy and Strategy, U.S. Citizenship 

and Immigration Services, Department of 

Homeland Security. 

[FR Doc. 2022–06688 Filed 3–29–22; 8:45 am] 

BILLING CODE 9111–97–P 

INTER-AMERICAN FOUNDATION 

Sunshine Act Meetings 

TIME AND DATE: April 6, 2022, 12:45 

p.m.–2:00 p.m. ET. 

PLACE: Via Zoom. 

STATUS: Meeting of the IAF Board of 

Directors, open to the public, portion 

closed to the public. 

MATTERS TO BE CONSIDERED: 

D Call to Order from the Board Chair 

D Overview of Meeting Rules by General 

Counsel 

D Approval of February 16 & 17th, 2022 

Meeting Minutes 

D Briefing on Anti-Deficiency Act 

D Briefing on Grants Oversight 

Committee 

D Briefing on May 3rd Board Meeting 

Logistics/Reception 

D Adjournment 

PORTION TO BE CLOSED TO THE PUBLIC: 

Executive session closed to the public as 

provided for by 22 CFR 1004.4(b). 

CONTACT PERSON FOR MORE INFORMATION: 

Aswathi Zachariah, General Counsel, 

(202) 683–7118. 

For Dial-in Information Contact: 

Denetra McPherson, Paralegal, (202) 

688–3054. 

The Inter-American Foundation is 

holding this meeting under the 

Government in the Sunshine Act, 5 

U.S.C. 552(b). 

Aswathi Zachariah, 

General Counsel. 

[FR Doc. 2022–06848 Filed 3–28–22; 4:15 pm] 

BILLING CODE 7025–01–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[223A2100DD/AAKC001030/ 

A0A501010.999900] 

Indian Energy Service Center; 

Approval of Tribal Energy 

Development Organization 

Certification for the Red Lake Band of 

Chippewa Indians Nation 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice advises the public 

that the Department of the Interior (DOI) 

approved a Tribal Energy Development 

Organization (TEDO) Certification for 

Twenty-First Century Tribal Energy, Inc, 

which is a Tribally owned corporation 

of Red Lake Band of Chippewa Indians 

(Red Lake). 

DATES: The certification takes effect on 

March 17, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Johnna Blackhair, Deputy Bureau 

Director, Office of Trust Services, 

Washington DC 20240, (202) 809–2069. 

SUPPLEMENTARY INFORMATION: A TEDO 

Certification allows the Tribe to enter 

into a lease or business agreement with 

the TEDO under 25 U.S.C. 3504(a)(2) or 

a right-of-way with the TEDO under 25 

U.S.C. 3504(b)(2)(B) without Secretarial 

review and without a TERA. Red Lake’s 

TEDO is organized under the laws of the 

Tribe and subject to the Tribe’s 

jurisdiction, laws, and authority. The 

majority of the interest in the TEDO is 

owned and controlled by the Tribe (or 

the Tribe and one or more other Tribes) 

the Tribal land of which is being 

developed. The TEDO’s organizing 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices 18381 

document requires the Tribe with 

jurisdiction over the land to maintain, at 

all times, the controlling interest in the 

TEDO. The TEDO’s organizing 

document requires the Tribe to own and 

control, at all times, a majority of the 

interest in the TEDO. The certification 

is issued under 25 U.S.C. 3504(h) and 

nothing in the certification waives the 

sovereign immunity of the Tribe. This is 

to certify that the Red Lake’s Tribally 

owned company Twenty-First Century 

Tribal Energy, Inc., is certified as a 

TEDO. The Certification is approved. 

Bryan Newland, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2022–06710 Filed 3–29–22; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[223A2100DD/AAKC001030/ 

A0A501010.999900] 

HEARTH Act Approval of Pala Band of 

Mission Indians Leasing Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: The Bureau of Indian Affairs 

(BIA) approved the Pala Band of 

Mission Indians Leasing Ordinance 

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. 

DATES: BIA issued the approval on 

March 25, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carla Clark, Bureau of Indian Affairs, 

Division of Real Estate Services, 1001 

Indian School Road NW, Albuquerque, 

NM 87104, carla.clark@bia.gov, (702) 

484–3233. 

SUPPLEMENTARY INFORMATION: 

I. Summary of the HEARTH Act 

The HEARTH 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 HEARTH Act 

authorizes Tribes to negotiate and enter 

into 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 Pala Band 

of Mission Indians. 

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 72440, 72447–48 

(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, 

799 F.3d 1324, 1331, 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 

72447–48, 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.’’ H. Rep. 112–427 at 6 

(2012). 

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, 572 U.S. 782, 810 

(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 810–11 

(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 


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