Published 30-day Notice

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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.’’ 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).
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

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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 Lummi
Tribe of the Lummi Indian Reservation.
Dated: November 9, 2017.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs, Exercising the Authority of the
Assistant Secretary—Indian Affairs.
[FR Doc. 2018–06443 Filed 3–29–18; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/
A0A501010.999900 253G; OMB Control
Number 1076–0169]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Probate of Indian
Estates, Except for Members of the
Osage Nation and Five Civilized Tribes
Bureau of Indian Affairs,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the Bureau of Indian Affairs (BIA), are
proposing to renew an information
collection.

SUMMARY:

Interested persons are invited to
submit comments on or before April 30,
2018.
ADDRESSES: Send written comments on
this information collection request (ICR)
to the Office of Management and
Budget’s Desk Officer for the
Department of the Interior by email at
[email protected]; or via
facsimile to (202) 395–5806. Please
provide a copy of your comments to Ms.
Charlene Toledo, Bureau of Indian
DATES:

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Affairs, Office of Trust Services,
Division of Probate Services, 2600 N
Central Ave., STE MS 102, Phoenix, AZ
85004: or email to Charlene.Toledo@
bia.gov. Please reference OMB Control
Number 1076–0169 in the subject line of
your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Ms. Charlene Toledo
by telephone at (505) 563–3371.You
may also view the ICR at http://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
A Federal Register notice with a 60day public comment period soliciting
comments on this collection of
information was published on
November 16, 2017. (82 FR 53516) No
comments were received.
We are again soliciting comments on
the proposed ICR that is described
below. We are especially interested in
public comment addressing the
following issues: (1) Is the collection
necessary to the proper functions of the
BIA; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the BIA enhance the
quality, utility, and clarity of the
information to be collected; and (5) how
might the BIA minimize the burden of
this collection on the respondents,
including through the use of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. 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.
Abstract: The Secretary of the Interior
probates the estates of individual
Indians owning trust or restricted
property in accordance with 25 U.S.C.

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Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices

372–373. In order to compile the
probate file, the BIA must obtain the
family heirship data regarding the
deceased from individuals and the tribe.
This section contains the procedures
that the Secretary of the Interior follows
to initiate the probate of the trust estate
for a deceased person who owns an
interest in trust or restricted property.
The Secretary must perform the
necessary research of family heirship
data collection requests in this part to
obtain the information necessary to
compile an accurate and complete
probate file. This file will be forwarded
to the Office of Hearing and Appeals
(OHA) for disposition. Responses to
these information collection requests are
required to create a probate file for the
decedent’s estate so that OHA can
determine the heirs of the decedent and
order distribution of the trust assets in
the decedent’s estate.
Title of Collection: Probate of Indian
Estates, Except for Members of the
Osage Nation and Five Civilized Tribes.
OMB Control Number: 1076–0169.
Form Number: None.
Type of Review: Extension without
change of currently approved collection.
Respondents/Affected Public: Indians,
businesses, and tribal authorities.
Total Estimated Number of Annual
Respondents: 36,906 per year.
Total Estimated Number of Annual
Responses: 41,139 per year.
Estimated Completion Time per
Response: Varies from 0.5 hours to 45
hours.
Total Estimated Number of Annual
Burden Hours: 617,486 per year.
Respondent’s Obligation: Required to
Obtain a Benefit.
Frequency of Collection: Once per
respondent per year.
Total Estimated Annual Nonhour
Burden Cost: $0.
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 OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq).
Dated: March 21, 2018.
Elizabeth K. Appel,
Director, Office of Regulatory Affairs and
Collaborative Action—Indian Affairs.
[FR Doc. 2018–06434 Filed 3–29–18; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/
A0A501010.999900253G; OMB Control
Number 1076–0182]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Sovereignty in Indian
Education Grant Program
Bureau of Indian Affairs,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the Bureau of Indian Education (BIE) are
proposing to renew an information
collection.
DATES: Interested persons are invited to
submit comments on or before April 30,
2018.
ADDRESSES: Send written comments on
this information collection request (ICR)
to the Office of Management and
Budget’s Desk Officer for the
Department of the Interior by email at
[email protected]; or via
facsimile to (202) 395–5806. Please
provide a copy of your comments Dr.
Maureen Lesky, Bureau of Indian
Education, 1011 Indian School Road
NW, Albuquerque, NM 87104; or by
email to [email protected]. Please
reference OMB Control Number 1076–
0182 in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Dr. Maureen Lesky by
email at [email protected], or by
telephone at (505) 563–5397. You may
also view the ICR at http://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
A Federal Register notice with a 60day public comment period soliciting
comments on this collection of
information was published on January
23, 2018 (83 FR 3182). No comments
were received.
SUMMARY:

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We are again soliciting comments on
the proposed ICR that is described
below. We are especially interested in
public comment addressing the
following issues: (1) Is the collection
necessary to the proper functions of the
BIE; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the BIE enhance the
quality, utility, and clarity of the
information to be collected; and (5) how
might the BIE minimize the burden of
this collection on the respondents,
including through the use of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. 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.
Abstract: Indian Tribes and Tribal
Organizations may submit proposals to
support their efforts to take control and
operate BIE-funded schools located on
the tribe’s reservation. Each proposal
must include a project narrative, a
budget narrative, a work plan outline,
and a Project Director to manage the
execution of the grant. The Project
Directors will participate in monthly
collaboration meetings, submit quarterly
budget updates, ensure an annual report
is submitted at the end of each project
year, and ultimately ensure that the
tribal education agency fulfills the
obligations of the grant.
Title of Collection: Sovereignty in
Indian Education Grant Program.
OMB Control Number: 1076–0182.
Form Number: None.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public: Indian
Tribes and/or Tribal Education
Departments.
Total Estimated Number of Annual
Respondents: 11 per year.
Total Estimated Number of Annual
Responses: 198 per year.
Estimated Completion Time per
Response: Ranges from 1 hour to 40
hours.
Total Estimated Number of Annual
Burden Hours: 682 hours.
Respondent’s Obligation: Required to
Obtain a Benefit.
Frequency of Collection: Proposals
and Annual reports once per year and

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