30 Day Federal Notice

77654

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

U.S.C. 1437z–8) that requires each state
agency administering tax credits under
section 42 of the Internal Revenue Code
of 1986 (low-income housing tax credits
or LIHTC) to furnish HUD, not less than
annually, information concerning the
race, ethnicity, family composition, age,
income, use of rental assistance under
section 8(o) of the U.S. Housing Act of
1937 or other similar assistance,
disability status, and monthly rental
payments of households residing in
each property receiving such credits
through such agency.
New section 36 requires HUD to
establish standards and definitions for
Information collection

Number of
respondents

Frequency of
response

Responses
per annum

Burden hour
per response

and 2012. The form was approved with
minor changes in 2013 with an
expiration of 6/30/2016. Renewal of this
form is required for HUD to remain in
compliance with the statute.
Respondents: State and local LIHTC
administering agencies.
Estimated Number of Respondents:
59.
Estimated Number of Responses: 118.
Frequency of Response: Annual.
Average Hours per Response: 48.
Total Estimated Burdens: 2,832 hours.
Annual burden
hours

Hourly cost
per response

Annual cost

52695 (Tenant) ............
52697 (Property) ..........

59
59

1
1

1
1

40
8

2360
472

$34.02
34.02

$80,287
16,057

Total ......................

........................

........................

........................

48

2,832

........................

96,344

B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) 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) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
asabaliauskas on DSK5VPTVN1PROD with NOTICES

the information to be collected by state
agencies and to provide states with
technical assistance in establishing
systems to compile and submit such
information and, in coordination with
other federal agencies administering
housing programs, establish procedures
to minimize duplicative reporting
requirements for properties assisted
under multiple housing programs. In
2010, OMB approved the first collection
instrument used for the collection of
LIHTC household information
(expiration date 05/31/2013). HUD used
the previously approved form to collect
data on LIHTC tenants in 2010, 2011

Dated: December 8, 2015.
Katherine M. O’Regan,
Assistant Secretary for Policy Development
and Research.
[FR Doc. 2015–31505 Filed 12–14–15; 8:45 am]
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5831–N–62]

30-Day Notice of Proposed Information
Collection: Application for Rural
Capacity Building for Community
Development and Affordable Housing
NOFA
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:

HUD has submitted the
proposed information collection
requirement described below to the
Office of Management and Budget
(OMB) for review, in accordance with
the Paperwork Reduction Act. The
purpose of this notice is to allow for an
additional 30 days of public comment.
DATES: Comments Due Date: January 14,
2016.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806. Email:
[email protected].
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QMAC, Department of Housing
and Urban Development, 451 7th Street
SW., Washington, DC 20410; email
Colette Pollard at Colette.Pollard@
hud.gov or telephone 202–402–3400.
This is not a toll-free number. Persons
with hearing or speech impairments
SUMMARY:

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may access this number through TTY by
calling the toll-free Federal Relay
Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
section A.
The Federal Register notice that
solicited public comment on the
information collection for a period of 60
days was published on October 02, 2015
at 80 FR 59807.
A. Overview of Information Collection
Title of Information Collection:
Application for Rural Capacity Building
for Community Development and
Affordable Housing NOFA.
OMB Approval Number: 2506–0195.
Type of Request: Extension of
currently approved collection.
Form Numbers: N/A.
Description of the need for the
information and proposed use: The
Rural Capacity Building for Community
Development and Affordable Housing
(RCB) program and the funding made
available have been authorized by the
Annual Appropriations Acts each year
since Fiscal Year 2012. The competitive
funds are awarded to national not-forprofit organizations through a Notice of
Funding Availability (NOFA) to carry
out eligible activities related to
community development and affordable
housing projects and programs.
Applicants are required to submit
certain information as part of their
application for assistance. Without this

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Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Notices
information, it would be impossible to
determine which applicants were
eligible for award.
Respondents (i.e. affected public):
National organizations with expertise in
rural housing and community
development, including experience

Estimated Number of Respondents:
30.
Estimated Number of Responses: 1.
Frequency of Response: Annual.
Average Hours per Response: 40.
Total Estimated Burdens Hours: 1200
hours.

Information collection

Number of
respondents

Frequency of
response

Responses
per annum

Burden hour
per response

Annual burden
hours

Hourly cost
per response

Annual cost

Total .............................

30

1

1

40

1200

$45

$54,000

B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) 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) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. chapter 35.
Dated: December 9, 2015.
Colette Pollard,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2015–31507 Filed 12–14–15; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[167A2100DD/AAKC001030/
A0A501010.999900 253G]

asabaliauskas on DSK5VPTVN1PROD with NOTICES

working with rural housing
development organizations, community
development corporations (CDCs),
community housing development
organizations (CHDOs), local
governments, and Indian tribes.

77655

HEARTH Act Approval of Gila River
Indian Community Regulations
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:

On November 20, 2015, the
Bureau of Indian Affairs (BIA) approved
the Gila River Indian Community
leasing regulations under the HEARTH

SUMMARY:

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17:08 Dec 14, 2015

Jkt 238001

Act. With this approval, the Tribe is
authorized to enter into the following
types of leases without BIA approval:
Commercial leases and solar resource
leases.
Ms.
Sharlene Round Face, Bureau of Indian
Affairs, Division of Real Estate Services,
MS–4642–MIB, 1849 C Street NW.,
Washington, DC 20240, at (202) 208–
3615.

FOR FURTHER INFORMATION CONTACT:

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
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 Gila River
Indian Community.
II. Federal Preemption of State and
Local Taxes
The Department’s regulations
governing the surface leasing of trust

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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, 77 FR 72447
(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. 465, 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 465
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 nonIndians 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 selfgovernment,’’ 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

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