Final 30 Day Federal register Notice

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Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Notices

regulations, 77 FR 72447, 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).
Just like BIA’s surface leasing
regulations, Tribal regulations under the
HEARTH Act pervasively cover all
aspects of leasing. See Guidance for the
Approval of Tribal Leasing Regulations
under the HEARTH Act, NPM–TRUS–
29 (effective Jan. 16, 2013) (providing
guidance on Federal review process to
ensure consistency of proposed Tribal
regulations with Part 162 regulations
and listing required Tribal regulatory
provisions). 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

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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 Gila
River Indian Community.
Dated: November 20, 2015.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[FR Doc. 2015–31565 Filed 12–14–15; 8:45 am]
BILLING CODE 4337–15–P

DEPARTMENT OF THE INTERIOR
Office of the Secretary
[166D1114PD DPD000000.000000
DS62100000 DX.62101]

Renewal of Information Collection for:
OMB Control Number—1093–0005—
Payments in Lieu of Taxes (PILT) Act,
Statement of Federal Lands Payments,
(43 CFR 44)
Office of the Secretary, Office
of Budget, Department of the Interior.
ACTION: Notice and request for
comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, the
Office of Budget, Office of the Secretary,
and Department of the Interior (DOI),
announces the proposed extension of a
public information collection required
by the Payments in Lieu of Taxes (PILT)
Act and seeks public comments on the
provisions thereof. In compliance with
the Paperwork Reduction Act of 1995,
the Office of Budget has submitted a
request for renewal of approval of this
information collection to the Office of
Management and Budget (OMB), and
requests public comments on this
submission.

SUMMARY:

OMB has up to 60 days to
approve or disapprove the information
collection request, but may respond
after 30 days; therefore, public

DATES:

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comments should be submitted to OMB
by January 14, 2016, in order to be
assured of consideration.
ADDRESSES: Send your written
comments by facsimile (202) 395–5806
or email (OIRA_Submission@
omb.eop.gov) to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Attention: Department of the Interior
Desk Officer (1093–0005). Also, please
send a copy of your comments to the
U.S. Department of the Interior, Office
of the Secretary, Office of Budget, Attn.
Dionna Kiernan, 1849 C St. NW., MS
7413 MIB, Washington, DC 20240. Send
any faxed comments to (202) 219–2849,
Attn. Dionna Kiernan. Comments may
also be emailed to dionna_kiernan@
ios.doi.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument should be directed to the
U.S. Department of the Interior, Office
of the Secretary, Office of Budget, Attn.
Dionna Kiernan, 1849 C St. NW., MS
7413 MIB, Washington, DC 20240.
Requests for additional information may
also be emailed to dionna_kiernan@
ios.doi.gov or faxed to (202) 219–2849.
You may also review the information
collection request online at http://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION:
I. Abstract
Public Law 97–258 (31 U.S.C. 6901–
6907), as amended, the Payments in
Lieu of Taxes (PILT) Act, was designed
by Congress to help local governments
recover some of the expenses they incur
in providing services on public lands.
These local governments receive funds
under various Federal land payment
programs such as the National Forest
Revenue Act, the Mineral Lands Leasing
Act, and the Taylor Grazing Act. PILT
payments supplement the payments
local governments receive under these
other programs. The FY 2016 budget
proposes a one-year extension of the
current PILT program, maintaining the
existing formula for calculating
payments to counties. That proposal is
currently pending before Congress. This
renewal authority is being done in
anticipation of reauthorization by
Congress.
The PILT Act requires the Governor of
each State to furnish the Department of
the Interior with a listing of payments
disbursed to local governments by the
States on behalf of the Federal
Government under 12 statutes described
in Section 6903 of 31 U.S.C. The
Department of the Interior uses the
amounts reported by the States to

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Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Notices

asabaliauskas on DSK5VPTVN1PROD with NOTICES

reduce PILT payments to units of
general local governments from that
which they might otherwise receive. If
such listings were not furnished by the
Governor of each affected State, the
Department would not be able to
compute the PILT payments to units of
general local government within the
States in question.
In fiscal year 2004, administrative
authority for the PILT program was
transferred from the Bureau of Land
Management to the Office of the
Secretary of the Department of the
Interior. Applicable DOI regulations
pertaining to the PILT program to be
administered by the Office of the
Secretary were published as a final rule
in the Federal Register on December 7,
2004 (69 FR 70557). The Office of
Budget, Office of the Secretary is now
planning to extend the information
collection approval authority in order to
enable the Department of the Interior to
continue to comply with the PILT Act.
II. Data
(1) Title: Payments in Lieu of Taxes
(PILT) Act, Statement of Federal Lands
Payments, (43 CFR 44).
OMB Control Number: 1093–0005.
Current Expiration Date: 12/31/2015.
Type of Review: Extension without
change of a currently approved
collection.
Affected Entities: State Governments.
Estimated annual number of
responses: 45.
Frequency of response: Annually.
Obligation to Respond: Required to
obtain or retain a benefit.
(2) Annual reporting and record
keeping burden.
Total Annual Reporting per
Respondent: 46 hours.
Total Annual Burden Hours: 2,070
hours.
(3) Description of the need and use of
the information: The statutorily required
information is needed to compute
payments due units of general local
government under the PILT Act (31
U.S.C. 6901–6907). The Act requires the
Governor of each State to furnish a
statement as to amounts paid to units of
general local government under 12
revenue-sharing statutes in the prior
fiscal year. The FY 2016 budget
proposes a one-year extension of the
current PILT program, maintaining the
existing formula for calculating
payments to counties. That proposal is
currently pending before Congress. This
renewal authority is being done in
anticipation of reauthorization by
Congress.
(4) As required under 5 CFR
1320.8(d), a Federal Register notice
soliciting comments on the information

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collection was published on August 12,
2015 (80 FR 48334). No comments were
received. This notice provides the
public with an additional 30 days in
which to comment on the proposed
information collection activity.

An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
Office of Management and Budget
control number.

III. Request for Comments

Dated: December 8, 2015.
Olivia B. Ferriter,
Deputy Assistant Secretary, Budget, Finance,
Performance, and Acquisition.

The Department of the Interior invites
comments on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) The accuracy of the agency’s
estimate of the burden of the collection
and the validity of the methodology and
assumptions used;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(d) Ways to 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
collection techniques or other forms of
information technology.
‘‘Burden’’ means the total time, effort,
or financial resources expended by
persons to generate, maintain, retain,
disclose, or provide information to or
for a federal agency. This includes the
time needed to review instructions; to
develop, acquire, install and utilize
technology and systems for the purpose
of collecting, validating and verifying
information, processing and
maintaining information, and disclosing
and providing information; to train
personnel and to be able to respond to
a collection of information, to search
data sources, to complete and review
the collection of information; and to
transmit or otherwise disclose the
information.
It is our policy to make all comments
available to the public for review. Before
including Personally Identifiable
Information (PII), such as your address,
phone number, email address, or other
personal information in your
comment(s), you should be aware your
entire comment (including PII) may be
made available to the public at any time.
While you may ask us in your comment
to withhold PII from public view, we
cannot guarantee we will be able to do
so.
If you wish to view any comments
received, you may do so by scheduling
an appointment via the contact
information provided in the ADDRESSES
section. A valid picture identification is
required for entry into the Department
of the Interior, 1849 C Street NW.,
Washington, DC 20240.

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[FR Doc. 2015–31446 Filed 12–14–15; 8:45 am]
BILLING CODE 4334–63–P

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWO35000.L14300000.ES0000]

Renewal of Approved Information
Collection
Bureau of Land Management,
Interior.
ACTION: 30-day notice and request for
comments.
AGENCY:

The Bureau of Land
Management (BLM) has submitted an
information collection request to the
Office of Management and Budget
(OMB) to continue the collection of
information from applicants for land for
recreation or public purposes. The
Office of Management and Budget
(OMB) previously approved this
information collection activity, and
assigned it control number 1004–0012.
DATES: The OMB is required to respond
to this information collection request
within 60 days but may respond after 30
days. For maximum consideration,
written comments should be received
on or before January 14, 2016.
ADDRESSES: Please submit comments
directly to the Desk Officer for the
Department of the Interior, OMB ID:
1004–0012, Office of Management and
Budget, Office of Information and
Regulatory Affairs, fax 202–395–5806,
or by electronic mail at OIRA_
[email protected]. Please
provide a copy of your comments to the
BLM. You may do so via mail, fax, or
electronic mail.
Mail: U.S. Department of the Interior,
Bureau of Land Management, 1849 C
Street NW., Room 2134LM, Attention:
Jean Sonneman, Washington, DC 20240.
Fax: To Jean Sonneman at 202–245–
0050.
Electronic mail: Jean_Sonneman@
blm.gov.
Please indicate ‘‘Attn: 1004–0012’’
regardless of the form of your
comments.
FOR FURTHER INFORMATION CONTACT:
Flora Bell, at 202–912–7347. Persons
SUMMARY:

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