49046 Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices 

goals, objectives, and criteria that 

should be met prior to our consideration 

of removing the species from the 

Federal List of Endangered and 

Threatened Plants. We request review 

and comment on this draft recovery 

plan from Federal, State, and local 

agencies; Native American Tribes; and 

the public. 

Background 

The Umtanum desert buckwheat is a 

long-lived perennial that occurs in a 

narrow, discontinuous band on 

Umtanum Ridge at least 1.6 kilometers 

(1 mile) long. This plant is closely 

associated with Lolo Flow lithosol soils 

in the Lower Columbia River Basin in 

the State of Washington. In April 2013 

and as reaffirmed in December 2013, the 

Umtanum desert buckwheat found 

along sparsely vegetated, north-facing 

basalt cliff of Umtanum Ridge in central 

Washington State, was listed as a 

threatened species pursuant to the Act 

(78 FR 23983; April 23, 2013; 78 FR 

76995; December 20, 2013). 

Recovery Planning Process 

Recovery of endangered and 

threatened animals and plants is a 

primary goal of our endangered species 

program. To help guide the recovery 

effort, we prepare recovery plans for 

most listed species. Recovery plans 

describe actions considered necessary 

for conservation of the species, establish 

criteria for downlisting or delisting, and 

estimate time and cost for implementing 

recovery measures. 

Recovery Planning and Implementation 

The Service has recently revised its 

approach to recovery planning and is 

now using a new process termed 

recovery planning and implementation 

(RPI) (see https://www.fws.gov/ 

endangered/esa-library/pdf/RPI.pdf). 

The RPI approach is intended to reduce 

the time needed to develop and 

implement recovery plans, increase 

recovery plan relevancy over a longer 

timeframe, and add flexibility to 

recovery plans so they can be adjusted 

to address new information or 

circumstances. Under RPI, a recovery 

plan includes the statutorily required 

elements under section 4(f) of the Act 

(i.e., objective and measurable recovery 

criteria, site-specific management 

actions, and estimates of time and 

costs), along with a concise introduction 

and our strategy for how we plan to 

achieve species recovery. The RPI 

recovery plan is supported by two 

supplementary documents: A species 

status assessment or biological species 

report, which describes the best 

available scientific information related 

to the biological needs of the species 

and assessment of threats; and the 

recovery implementation strategy, 

which details the particular near-term 

activities needed to implement the 

recovery actions identified in the 

recovery plan. Under this approach, we 

can incorporate new information on 

species biology or details of recovery 

implementation by updating these 

supplementary documents without 

concurrent revision of the entire 

recovery plan, unless changes to 

statutorily required elements are 

necessary. 

Recovery Plan Components 

The primary recovery strategy for the 

Umtanum desert buckwheat is to 

increase the capability of the single 

population to withstand stochastic 

events, establish new populations to 

provide a safety margin against 

catastrophic events, and to increase the 

ecological and/or genetic diversity of 

the species. Recovery will hinge on 

establishing self-sustaining populations, 

improving habitat, reducing threats, and 

preserving or enhancing the ability of 

individuals to survive and reproduce in 

the range of conditions they are likely 

to experience. 

We may initiate an assessment of 

whether recovery has been achieved and 

delisting is warranted when the 

recovery criteria have been met, 

including once a sixth population has 

been discovered or established on 

conserved lands and is managed in a 

way that is compatible with Umtanum 

desert buckwheat conservation. 

Request for Public Comments 

Section 4(f) of the Act requires us to 

provide public notice and an 

opportunity for public review and 

comment during recovery plan 

development. It is also our policy to 

request peer review of recovery plans 

(59 FR 34270; July 1, 1994). In an 

appendix to the approved final recovery 

plan, we will summarize and respond to 

the substantive comments raised during 

public comment and peer review. 

Substantive comments may or may not 

result in changes to the recovery plan. 

Comments regarding recovery plan 

implementation will be forwarded as 

appropriate to Federal or other entities 

so that they can be taken into account 

during the course of implementing 

recovery actions. 

We will consider all comments we 

receive by the date specified in DATES

prior to final approval of the plan. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Authority 

The authority for this action is section 

4(f) of the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). 

Robyn Thorson, 

Regional Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2021–18806 Filed 8–31–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[212A2100DD/AAKC001030/ 

A0A501010.999900253G] 

Indian Gaming; Approval of TribalState Class III Gaming Compact in the 

State of Washington 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

approval of Third Amendment to the 

Tribal-State Compact (Amendment) for 

Class III Gaming between the Spokane 

Tribe (Tribe) and the State of 

Washington (State). 

DATES: The amendment takes effect on 

September 1, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Paula L. Hart, Director, Office of Indian 

Gaming, Office of the Deputy Assistant 

Secretary—Policy and Economic 

Development, Washington, DC 20240, 

paula.hart@bia.gov, (202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

section 11 of the Indian Gaming 

Regulatory Act (IGRA), Public Law 100– 

497, 25 U.S.C. 2701 et seq., the 

Secretary of the Interior shall publish in 

the Federal Register notice of approved 

Tribal-State compacts for the purpose of 

engaging in Class III gaming activities 

on Indian lands. As required by 25 CFR 

293.4, all compacts and amendments are 

subject to review and approval by the 

Secretary. The Amendment authorizes 

the Tribe to engage in sports wagering 

at the Tribe’s class III gaming facility, 

updates the Compact to reflect this 

change in various sections, and 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices 49047 

incorporates Appendix S, Sports 

Wagering. The Amendment is approved. 

Bryan Newland, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2021–18818 Filed 8–31–21; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[212A2100DD/AAKC001030/ 

A0A501010.999900] 

HEARTH Act Approval of Title XVII 

Pueblo of Jemez Residential Leasing 

Code 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: The Bureau of Indian Affairs 

(BIA) approved the Title XVII Pueblo of 

Jemez Residential Leasing Code 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 

August 25, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sharlene Round Face, Bureau of Indian 

Affairs, Division of Real Estate Services, 

1001 Indian School Road NW, 

Albuquerque, NM 87104, 

sharlene.roundface@bia.gov, (505) 563– 

3132. 

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 Pueblo of 

Jemez, New Mexico. 

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. H2682 

(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 

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 


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