60-day FR Notice

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Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices
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 October
16, 2017 (82 FR 48112). 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 Assistant Secretary—
Indian Affairs is seeking renewal of the
approval for the information collection
conducted under 25 CFR 293, Class III
Tribal-State Gaming Compact Process
and the Indian Gaming Regulatory Act
(IGRA), 25 U.S.C. 2710(d)(8)(A), (B) and
(C), which authorizes the Secretary to
approve, disapprove or ‘‘consider
approved’’ (i.e., deemed approved) a
tribal state gaming compact or compact
amendment and publish notice of that
approval or considered approval in the
Federal Register. The information
collected includes tribal-state compacts
or compact amendments entered into by
Indian tribes and State governments.
The Secretary of the Interior reviews
this information and may approve,
disapprove or consider the compact
approved.
Title of Collection: Class III TribalState Gaming Compact Process.
OMB Control Number: 1076–0172.
Form Number: None

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Type of Review: Extension without
change of currently approved collection.
Respondents/Affected Public: Indian
tribes and State governments.
Total Estimated Number of Annual
Respondents: 40 per year.
Total Estimated Number of Annual
Responses: 40 per year.
Estimated Completion Time per
Response: 200 hours.
Total Estimated Number of Annual
Burden Hours: 8,000 hours.
Respondent’s Obligation: Required to
obtain a benefit.
Frequency of Collection: One time.
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. 2018–06433 Filed 3–29–18; 8:45 am]
BILLING CODE 4337–15–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/
A0A501010.999900 253G]; OMB Control
Number 1076–0094]

Agency Information Collection
Activities; Law and Order on Indian
Reservations—Marriage and
Dissolution Applications
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 May 29,
2018.
ADDRESSES: Send your comments on
this information collection request (ICR)
by mail to Ms. Tricia Tingle, Associate
Director, Tribal Justice Support
Directorate at 1849 C Street NW, MS–
2603 MIB, Washington, DC 20240 or by
email to [email protected]. Please
reference OMB Control Number 1076–
0094 in the subject line of your
comments.
DATES:

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To
request additional information about
this ICR, contact Ms. Tricia Tingle by
email at [email protected].
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.
We are 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. We will include or
summarize each comment in our request
to OMB to approve this ICR. 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 Bureau of Indian Affairs
(BIA) is seeking renewal of the approval
for the information collection conducted
under 25 CFR 11.600(c) and 11.606(c).
This information collection allows the
Clerk of the Court of Indian Offenses to
collect personal information necessary
for a Court of Indian Offenses to issue
a marriage license or dissolve a
marriage. Courts of Indian Offenses have
been established on certain Indian
reservations under the authority vested
in the Secretary of the Interior by 5
U.S.C. 301 and 25 U.S.C. 2, 9, and 13,
which authorize appropriations for
‘‘Indian judges.’’ The courts provide for
the administration of justice for Indian
tribes in those areas where the tribes
FOR FURTHER INFORMATION CONTACT:

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retain jurisdiction over Indians,
exclusive of State jurisdiction, but
where tribal courts have not been
established to exercise that jurisdiction
and the tribes has, by resolution or
constitutional amendment, chosen to
use the Court of Indian Offenses.
Accordingly, Courts of Indian Offenses
exercise jurisdiction under 25 CFR 11.
Domestic relations are governed by 25
CFR 11.600, which authorizes the Court
of Indian Offenses to conduct and
dissolve marriages.
In order to obtain a marriage licenses
in a Court of Indian Offenses, applicants
must provide the six items of
information listed in 25 CFR 11.600(c),
including identifying information, such
a Social Security number, information
on previous marriage, relationship to
the other applicant, and a certificate of
the results of any medical examination
required by applicable tribal ordinances
or the laws of the State in which the
Indian country under the jurisdiction of
the Court of Indian Offenses is located.
To dissolve a marriage, applicants must
provide the six items of information
listed in 25 CFR 11.606(c), including
information on occupation and
residency (to establish jurisdiction),
information on whether the parties have
lives apart for at least 180 days or if
there is serious marital discord
warranting dissolution, and information
on the children of the marriage and
whether the wife is pregnant (for the
court to determine the appropriate level
of support that may be required from the
non-custodial parent). (25 CFR 11.601)
Two forms are used as part of this
information collection, the Marriage
License Application and the Dissolution
of Marriage Application.
Title of Collection: Law and Order on
Indian Reservations—Marriage &
Dissolution Applications.
OMB Control Number: 1076–0094.
Form Number: None.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Individuals.
Total Estimated Number of Annual
Respondents: 260 per year, on average.
Total Estimated Number of Annual
Responses: 260 per year, on average.
Estimated Completion Time per
Response: 15 minutes.
Total Estimated Number of Annual
Burden Hours: 65 hours.
Respondent’s Obligation: Required to
Obtain or Retain a Benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: $6,500 (approximately $25
per application for processing fees).
An agency may not conduct or
sponsor and a person is not required to

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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 26, 2018.
Elizabeth K. Appel,
Director, Office of Regulatory Affairs and
Collaborative Action—Indian Affairs.
[FR Doc. 2018–06440 Filed 3–29–18; 8:45 am]

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 Lummi
Tribe of the Lummi Indian Reservation.

BILLING CODE 4337–15–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/
A0A501010.999900]

HEARTH Act Approval of Lummi Tribe
of the Lummi Indian Reservation Code
of Laws, Trust Lands Leasing Code
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:

On November 9, 2017, the
Bureau of Indian Affairs (BIA) approved
the Lummi Tribe of the Lummi Indian
Reservation’s leasing regulations under
the HEARTH Act. With this approval,
the Tribe is authorized to enter into
leases for business and residential
purposes without BIA approval.
FOR FURTHER INFORMATION CONTACT: Ms.
Sharlene Round Face, Bureau of Indian
Affairs, Division of Real Estate Services,
1849 C Street NW, MS–4642–MIB,
Washington, DC 20240, at (202) 208–
3615.
SUMMARY:

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

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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 72,440, 77 FR
72,447–48 (December 5, 2012). The
principles supporting the Federal
preemption of State law in the field of
Indian leasing and the taxation of leaserelated 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,

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