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khammond on DSK9W7S144PROD with NOTICE

Federal Register / Vol. 91, No. 94 / Friday, May 15, 2026 / Notices
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
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.’’ H. Rep. 112–427 at 6
(2012).
Assessment of State and local taxes
would obstruct these express Federal
policies supporting Tribal economic

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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
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 25 CFR part 162.
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 25 CFR part 162. Improvements,
activities, and leasehold or possessory
interests may be subject to taxation by
Buena Vista Rancheria of Me-Wuk
Indians of California.
William Henry Kirkland III,
Assistant Secretary—Indian Affairs.
[FR Doc. 2026–09719 Filed 5–14–26; 8:45 am]
BILLING CODE 4337–15–P

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27981

DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[OMB Control Number 1010–0106; Docket
ID: BOEM–2026–0496]

Agency Information Collection
Activities; Oil Spill Financial
Responsibility for Offshore Facilities
AGENCY: Bureau of Ocean Energy

Management, Interior.
ACTION: Notice of information collection;

request for comment.
SUMMARY: In accordance with the

Paperwork Reduction Act of 1995, the
Bureau of Ocean Energy Management
(BOEM) proposes this information
collection request (ICR) to revise Office
of Management and Budget (OMB)
control number 1010–0106.
DATES: Comments must be received by
BOEM no later than July 14, 2026.
ADDRESSES: Send written comments on
this ICR by mail to the BOEM
Information Collection Clearance
Officer, Anna Atkinson, Bureau of
Ocean Energy Management, 45600
Woodland Road, Sterling, Virginia
20166; or by email to anna.atkinson@
boem.gov. Please reference OMB control
number 1010–0106 in the subject line of
your comments. You may comment on
the ICR and view related documents by
searching for the docket number
‘‘BOEM–2026–0496’’ at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:

Anna Atkinson by email at
[email protected], or by
telephone at 703–787–1025. Individuals
in the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside of the United States
should use the relay services offered
within their country to make
international calls to the point of
contact in the United States.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, BOEM provides
the general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps BOEM assess
the impact of its information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand BOEM’s information
collection requirements and provide the
requested data in the desired format.
BOEM is soliciting comments on the
proposed ICR described below. BOEM is

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Federal Register / Vol. 91, No. 94 / Friday, May 15, 2026 / Notices

especially interested in public
comments addressing the following
issues: (1) is the collection necessary to
the proper functions of BOEM; (2) what
can BOEM do to ensure that this
information is processed and used in a
timely manner; (3) is the burden
estimate accurate; (4) how might BOEM
enhance the quality, utility, and clarity
of the information to be collected; and
(5) how might BOEM minimize the
burden of this collection on the
respondents, including minimizing the
burden through the use of information
technology?
Comments that you submit in
response to this notice are a matter of
public record. BOEM will include or
summarize each comment in its ICR to
OMB for approval of this information
collection. You should be aware that
your entire comment—including your
address, phone number, email address,
or other personally identifiable
information included in your
comment—may be made publicly
available at any time. Even if BOEM
withholds your personally identifiable
information in the context of this ICR,
your comment is subject to the Freedom
of Information Act (FOIA) (5 U.S.C.
552). Your information will only be
withheld if a determination is made that
one of the FOIA exemptions to
disclosure applies. Such a
determination will be made in
accordance with the Department of the
Interior’s (DOI) FOIA implementing
regulations (43 CFR part 2) and
applicable law.
In order for BOEM to consider
withholding from disclosure your
personally identifiable information, you
must identify, in a cover letter, any
information contained in the submittal
of your comments that, if released,
would constitute a clearly unwarranted
invasion of your personal privacy. You
must also briefly describe any possible
harmful consequences of the disclosure
of information, such as embarrassment,
injury, or other harm. Note that BOEM
will make available for public
inspection, in their entirety, all
comments submitted by organizations
and businesses, or by individuals
identifying themselves as
representatives of organizations or
businesses.
BOEM protects proprietary
information in accordance with FOIA,
DOI’s implementing regulations at 43
CFR part 2, and 30 CFR 580.70,
promulgated pursuant to the Outer
Continental Shelf Lands Act (OCS
Lands Act) (43 U.S.C. 1352(c)).
Title of Collection: 30 CFR part 553,
‘‘Oil Spill Financial Responsibility for
Offshore Facilities.’’

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Abstract: Title I of the Oil Pollution
Act of 1990 (OPA) (33 U.S.C. 2701 et
seq.) provides at section 1016 that oil
spill financial responsibility (OSFR) for
offshore facilities be established and
maintained according to methods
determined acceptable to the President.
Section 1016 of the OPA, as amended,
supersedes the offshore facility oil spill
financial responsibility provisions of the
OCS Lands Act. These authorities and
responsibilities are among those
delegated to BOEM under which BOEM
issues regulations governing oil and gas
and sulfur operations in the OCS.
This information collection request
addresses the regulations at 30 CFR 553,
Oil Spill Financial Responsibility for
Offshore Facilities. BOEM collects the
information to ensure proper and
efficient administration of its oil spill
financial responsibility requirements.
BOEM collects this information to:
• Provide a standard method for
establishing whether a party is required
to demonstrate oil spill financial
responsibility for offshore facilities;
• Identify and maintain a record of
those offshore facilities that have a
potential oil spill liability requiring the
demonstration of oil spill financial
responsibility;
• Establish and maintain a
continuous record of evidence of oil
spill financial responsibility to assure
payment of claims for oil spill cleanup
and damages resulting from operations
conducted on covered offshore facilities
and from the transportation of oil from
covered offshore facilities;
• Establish and maintain a
continuous record of responsible
parties, as defined in Title I of the Oil
Pollution Act of 1990, and their agents
or authorized representatives for oil
spill financial responsibility for covered
offshore facilities; and
• Establish and maintain a
continuous record of persons to contact
and U.S. agents for service of process for
claims associated with oil spills from
covered offshore facilities.
BOEM uses the information collected
under 30 CFR part 553 to verify
compliance with section 1016 of OPA.
This information is necessary to confirm
that designated applicants can cover
cleanup costs and damages resulting
from hydrocarbon discharges originating
from offshore facilities. BOEM uses
these forms to ensure the effective and
efficient administration of oil spill
financial responsibility requirements.
BOEM is revising Forms BOEM–1019
(Insurance Certificate), BOEM–1020
(Surety Bond), and BOEM–1023
(Financial Guarantee) to reflect updated
requirements for oil spill financial
responsibility, expressly tying the

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applicable coverage period to when an
incident begins. The revisions align the
forms with BOEM’s updated policy that
OSFR providers going forward are
responsible only for claims arising from
incidents that occur on or after the
effective date of the applicable OSFR
instrument and before its termination.
These changes do not apply
retroactively to OSFR providers on
earlier iterations of the forms.
OMB Control Number: 1010–0106.
Form Number(s):
• BOEM–1016, Designated Applicant
Information Certification
• BOEM–1017, Appointment of
Designated Applicant
• BOEM–1018, Self-Insurance
Information
• BOEM–1019, Insurance Certificate
• BOEM–1020, Surety Bond
• BOEM–1021, Covered Offshore
Facilities
• BOEM–1022, Covered Offshore
Facility Changes
• BOEM–1023, Financial Guarantee
• BOEM–1025, Independent Designated
Applicant Information Certification
Type of Review: Revision of a
currently approved information
collection.
Respondents/Affected Public:
Designated applicants and holders of
leases, permits, right-of-way grants, and
right-of-use and easement grants on the
OCS and in State coastal waters who are
responsible parties. Other respondents
may be designated applicants and
brokers, bonding companies, and
guarantors. Some respondents may also
be claimants.
Total Estimated Number of Annual
Responses: 2,223 responses.
Total Estimated Number of Annual
Burden Hours: 28,245 hours.
Respondent’s Obligation: Mandatory
Frequency of Collection: On occasion
or annual.
Total Estimated Annual Non-Hour
Burden Cost: None.
Estimated Reporting and
Recordkeeping Hour Burden:
The current annual burden for this
collection is 34,695 hours. BOEM
proposes reducing the burden to 28,245
hours due to faster OSFR demonstration
methods, such as increased use of selfinsurance and financial guarantees, and
a decrease in the number of companies
maintaining OSFR coverage.
The following table details the
regulatory sections containing
information collections and their
respective hour burden estimates. In the
table, the term ‘‘oil spill financial
responsibility’’ has been shortened to
‘‘OSFR.’’ In calculating the burdens, we
assumed the respondents perform

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Federal Register / Vol. 91, No. 94 / Friday, May 15, 2026 / Notices
certain requirements in the normal
course of their activities. We consider
these to be usual and customary and

took that into account in estimating the
burden.

BURDEN TABLE
Citation
30 CFR part 553
Various sections. .......

Reporting
requirement

Average
number of
annual
reponses

Hour burden

Annual
burden hours

The burdens for all references to submitting evidence of OSFR, as well as required or supporting information, are covered with the forms below.

0

Applicability and Amount of OSFR
11(a)(1); 40; 41 ..........
11(a)(1); 40; 41 ..........
11(a)(1); (2) ................

3
10
2

250
750
200

750
7,500
400

2

5

10

15 ...............................
15(f) ............................

Form BOEM–1016—Designated Applicant Information Certification
Form BOEM–1017—Appointment of Designated Applicant. ..............
Form BOEM–1025—Independent Designated Applicant Information
Certification..
Request for determination of OSFR applicability. Provide required
and supporting information..
Notify BOEM of change in ability to comply .......................................
Provide claimant written explanation of denial ....................................

1
1

1
15

1
15

Subtotal ...............

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

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

1,221

8,676

12, 45 .........................

Methods for Demonstrating OSFR
21–28; 40 ...................
30; 40; 41; 43 ............
29; 40; 41; 43 ............
31; 40; 41; 43 ............
32 ...............................

Form BOEM–1018—Self-Insurance Information, including renewals.
Form BOEM–1023—Financial Guarantee ..........................................
Form BOEM–1019—Insurance Certificate ..........................................
Form BOEM–1020—Surety Bond .......................................................
Proposal and supporting information for alternative method to evidence OSFR (anticipate no proposals, but regulations provide the
opportunity).

3
2
115
24
120

60
85
100
4
1

180
170
11,500
96
120

Subtotal ...............

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

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

250

12,066

250
500
750

2,500
5,000
7,500

Subpart F ...................

Claims: BOEM is not involved in the claims process. Assessment of burden for claims against the Oil
Spill Liability Trust Fund (33 CFR parts 135, 136, 137) falls under the responsibility of the U.S.
Coast Guard.

0

60(d) ...........................

Claimant request for BOEM assistance to determine whether a
guarantor may be liable for a claim.
Within 15-calendar days of claim, designated applicant must notify
the guarantor and responsible parties of the claim.

Requirements for Submitting OSFR Information
14; 40; 41; 43 ............
40–42 .........................
Subtotal ...............

Form BOEM–1021—Covered Offshore Facilities ...............................
Form BOEM–1022—Covered Offshore Facility Changes ..................
..............................................................................................................

10
10
........................

Claims for Oil-Spill Removal Costs and Damages

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62 ...............................

2

1

2

1

1

1

Subtotal ...............

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

2

3

Total Burden

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

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

2,223

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.).
Karen Thundiyil,
Director, Office of Regulatory Affairs,Bureau
of Ocean Energy Management.

DEPARTMENT OF JUSTICE

Management Division, Department of
Justice.

[OMB Number 1105–0030]

ACTION: 60-Day notice.

Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Title—
Attorney General’s Honors Program
and Summer Law Intern Program
Electronic Applications

[FR Doc. 2026–09793 Filed 5–14–26; 8:45 am]

AGENCY: Office of Adjudication,

BILLING CODE 4340–98–P

Recruitment and Management, Justice

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28,245

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SUMMARY: The Office of Adjudication,

Recruitment and Management,
Department of Justice (DOJ), will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.

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