103864 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices 

50 new Indian Tribes per year from 

those eligible tribes. The application 

deadline listed in the DATES section is 

predicated upon providing the parties 

enough time to complete funding 

agreement negotiations in advance of 

the fiscal year or calendar year start date 

of the 2026 funding agreement. The 

PROGRESS Act mandates that copies of 

the funding agreements be sent at least 

90 days before the proposed effective 

date to each Tribe that is served by the 

Bureau of Indian Affairs and wants to 

participate in a funding agreement. 

Initial negotiations with a Tribe/ 

consortium located in a region and/or 

agency which has not previously been 

involved with self-governance 

negotiations will take approximately 2 

months from start to finish. Agreements 

for an October 1 to September 30 

funding year need to be signed and 

submitted by July 1. Agreements for a 

January 1 to December 31 need to be 

signed and submitted by October 1. 

Purpose of Notice 

Under 25 U.S.C. 5362(c), which 

supersedes the eligibility criteria in 25 

CFR part 1000, subpart B, to be eligible 

to participate in self-governance, an 

Indian Tribe must: 

(1) successfully complete the 

planning phase outlined below; 

(2) request participation in selfgovernance by resolution or other 

official 

action by the Tribal governing body; 

and 

(3) demonstrate for the 3 fiscal years 

preceding the date on which the Tribe 

requests participation, fiscal stability 

and financial management capability as 

evidenced by the Indian Tribe having no 

uncorrected significant and internal 

audit exceptions in the required annual 

audit of its self-determination or selfgovernance agreements with any 

Federal agency. 

An Indian Tribe seeking to begin 

participation in self-governance must 

complete the planning phase. The 

planning phase must: 

(1) be conducted to the satisfaction of 

the Indian Tribe; and 

(2) include: 

(i) legal and budgetary research; and 

(ii) internal Tribal governing 

planning, training, and organizational 

preparation. 

Applicants should be guided by the 

referenced requirements in preparing 

their applications to begin participation 

in the tribal self-governance program in 

fiscal year 2026 and calendar year 2026. 

Copies of these requirements may be 

obtained from the information contact 

person identified in this notice. 

Tribes/consortia wishing to be 

considered for participation in the tribal 

self-governance program in fiscal year 

2026 or calendar year 2026 must 

respond to this notice, except for those 

tribes/consortia which are one of the 

142 tribal entities with signed selfgovernance agreements. 

Information Collection 

This information collection is 

authorized by OMB Control Number 

1076–0143, Tribal Self-Governance 

Program, which expires February 28, 

2026. 

Bryan Newland, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2024–30289 Filed 12–18–24; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[256A2100DD/AAKC001030/ 

A0A51010.999900] 

Proclaiming Certain Lands as 

Reservation for Kickapoo Traditional 

Tribe of Texas 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of reservation 

proclamation. 

SUMMARY: This notice informs the public 

that the Assistant Secretary—Indian 

Affairs proclaimed approximately 

199.73 acres, more or less, an addition 

to the reservation of the Kickapoo 

Traditional Tribe of Texas. 

DATES: This proclamation was made on 

December 13, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carla Clark, Bureau of Indian Affairs, 

Division of Real Estate Services, 1001 

Indian School Road NW, Box #44, 

Albuquerque, New Mexico 87104, 

carla.clark@bia.gov, (505) 563–3132. 

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. 5110) for the lands described 

below. The lands are proclaimed to be 

the Kickapoo Traditional Tribe of Texas 

Reservation for the Kickapoo 

Traditional Tribe of Texas in Maverick 

County, Texas. 

Kickapoo Traditional Tribe of Texas 

Reservation, Maverick County, Texas, 

Legal Descriptions Containing 199.73 

Acres, More or Less 

Bowles Property 840 ST 1004 

The land is described as surface and 

surface rights only in and to a 199.73 

acres tract of land described as a tract 

of land lying in Maverick County 

located in the following original 

surveys: 

Original Grantee, G.C.&S.F.RR. Co. 

Survey 1, Abstract 1008, acres 114.07; 

Original Grantee, Winchester Kelso, 

Survey 2, Abstract 1301, acres 83.38; 

Original Grantee, Adolph Haun, 

Survey 33, Abstract 143, acres 2.28 for 

a combined total of 199.73 surface acres. 

Described as a 199.73 acres tract in 

conveyance document to the Kickapoo 

Traditional Tribe of Texas recorded in 

Volume 667, Pages 370-et seq. of the 

Maverick County Official Public 

Records, Maverick County, Texas and 

being further described by metes and 

bounds as follows: (the bearings are 

geodetic north (true north), distances 

and areas shown hereon are surface, the 

scale factor to convert from grid to 

surface is 1.00009324879955236, 

corners called for as being set are 

marked on the ground with 1/2’’ steel 

stakes with plastic identifications caps 

stamped ‘‘DIRKSEN/6260’’ attached 

unless otherwise noted or shown). 

Commencing from the ostensible east 

corner of the Winchester Kelso, Survey 

2, Abstract 1301; 

Thence S44°50′15′′ W 172 feet with 

the southeast line of Survey 2; 

Thence N45°09′44′′ W 1157 feet to a 

steel stake set for The Point of 

Beginning in the northwest intersection 

of Rosita Valley Road with El Indio 

Highway for a northeast corner of the 

herein described tract; 

Thence S44°41′21′′ W 3428.67 feet 

with the north right of way line of 

Rosita Valley Road to a steel stake found 

at the southeast corner of Tract 1, Block 

9 of the Riverside Acres Subdivision as 

shown on the plat recorded in Envelope 

72, Side A of the Maverick County Plat 

Records for an east corner of the herein 

described tract; 

Thence N45°10′44′′ W 1466.07 feet to 

a steel stake found marked ‘‘RPLS 4134’’ 

at north corner of said Tract 1, Block 9 

for a reentrant corner of the herein 

described tract; 

Thence S44°36′03′′ W 6965.15 feet, 

with the north line of said Riverside 

Acres Subdivision at 6914.50 feet 

passing a steel stake set in line for a 

reference and continuing to a point on 

the left bank of the Rio Grande River for 

the southwest corner of the herein 

described tract; 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices 103865 

Thence with the left bank of the Rio 

Grande River for the following seven (7) 

calls; 

1. N03°02′46′′ W 123.41 feet to a point; 

2. N04°59′23′′ W 153.66 feet to a point; 

3. N04°30′58′′ W 131.66 feet to a point; 

4. N00°46′17′′ W 234.25 feet to a point; 

5. N11°40′21′′ E 64.20 feet to a point; 

6. N00°07′16′′ E 126.70 feet to a point; 

7. N04°39′17′′ W 14.59 feet to a point; 

Thence N44°35′56′′ E 8001.79 feet at 

50.00 feet passing a steel stake set on 

line for reference and continuing to a 3/ 

4’’ steel stake found for a northeast 

corner of the herein described tract; 

Thence S45°10′29′′ E 1343.42 feet to a 

steel stake found for a reentrant corner 

of the herein described tract; 

Thence N44°38′46′′ E 1616.04 feet to 

a steel stake set in the south right of way 

line of El Indio Highway for a northeast 

corner of the herein described tract; 

Thence S59°44′57′′ E 759.81 to the 

Point of Beginning containing 199.73 

acres of land with the herein described 

boundary as survey by Dirksen 

Engineering of December 8, 2015. The 

above-described land contains a total of 

199.73 acres, more or less, which are 

subject to all valid rights, reservations, 

rights-of-way, and easements of record. 

The above-described lands contain a 

total of 199.73 acres, more or less, 

which are subject to all valid rights, 

reservations, rights-of-way, and 

easements of record. 

This proclamation does not affect title 

to the lands described above, nor does 

it affect any valid existing easements for 

public roads, highways, public utilities, 

railroads and pipelines, or any other 

valid easements or rights-of-way or 

reservations of record. 

Bryan Newland, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2024–30294 Filed 12–18–24; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[256A2100DD/AAKC001030/ 

A0A501010.999900] 

HEARTH Act Approval of Kickapoo 

Tribe of Oklahoma Residential Leasing 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: The Bureau of Indian Affairs 

(BIA) approved the Kickapoo Tribe of 

Oklahoma Residential 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 residential 

leases without further BIA approval. 

DATES: BIA issued the approval on 

December 16, 2024. 

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 Kickapoo 

Tribe of Oklahoma. 

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 

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.’’ H. Rep. 112–427 at 6 

(2012). 

Assessment of State and local taxes 

would obstruct these express Federal 


lotter on DSK11XQN23PROD with NOTICES1