[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Notices]
[Pages 73257-73258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23913]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Public Meetings on Development of Proposed Regulations Governing 
Tribal Energy Resource Agreements

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of public meetings.

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SUMMARY: In accordance with Title V, Section 504 of the Energy Policy 
Act of 2005 and Executive Order 13175, the Department of the Interior 
(DOI), Office of Indian Energy and Economic Development, seeks to 
consult on the development of proposed regulations to govern Tribal 
Energy Resource Agreements. We invite public comments at one or more of 
a series of meetings between January 9 and 19, 2006.

DATES: See SUPPLEMENTARY INFORMATION section for meeting dates and 
locations.

ADDRESSES: Send written comments by regular mail to Attention: Section 
503 Rulemaking, Office of Indian Energy and Economic Development, 1849 
C St., NW., Mail Stop 2749, Washington, DC, 20240 or by e-mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Darryl Francois, Office of Indian 
Energy and Economic Development, 1849 C St., NW., Mail Stop 2749-MIB, 
Washington, DC 20240. He can also be reached by telephone at (202) 219-
0740 or by electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

Meeting Schedule

----------------------------------------------------------------------------------------------------------------
                  Date                                City                          Meeting location
----------------------------------------------------------------------------------------------------------------
January 9, 2006.........................  Sacramento, CA.............  Hilton Sacramento Arden West, 2200
                                                                        Harvard Street.
January 9, 2006.........................  Houston, TX................  Hilton Garden Inn, Bush Intercontinental
                                                                        Airport, 15400 John F. Kennedy
                                                                        Boulevard.
January 10, 2006........................  Tulsa, OK..................  Hilton Garden Inn, Tulsa Airport, 7728
                                                                        East Virgin Court.
January 10, 2006........................  Billings, MT...............  Sheraton Billings, 27 North 27th Street.
January 11, 2006........................  Portland, OR...............  Doubletree Hotel & Executive Meeting
                                                                        Center, 1000 NE Multnomah.
January 11, 2006........................  Minneapolis, MN............  Hilton Minneapolis/St. Paul Airport Mall
                                                                        of America, 3800 American Boulevard
                                                                        East.
January 12, 2006........................  Denver, CO.................  Country Inn Suites, Denver International
                                                                        Airport, 4343 Airport Way.
January 13, 2006........................  Albuquerque, NM............  Albuquerque Marriott, 2101 Louisiana
                                                                        Boulevard NE.
January 13, 2006........................  Las Vegas, NV..............  Renaissance Hotel, 3000 Paradise Road.
January 19, 2006........................  Washington, DC.............  Sydney Yates Auditorium, Main Interior
                                                                        Building, 1849 C St., NW.
----------------------------------------------------------------------------------------------------------------

    Title V, Section 503 of the Energy Policy Act of 2005 (Pub. L. 109-
58), requires the Secretary of the Interior (Secretary) to promulgate 
regulations that implement new provisions concerning development of 
energy resources on tribal lands. Specifically, the Act authorizes the 
creation of Tribal Energy Resource Agreements (TERA). The purpose of 
these agreements is to promote tribal oversight and management of 
energy and mineral resource development on tribal lands and further the 
goal of Indian self-determination.
    The Department of the Interior requests public comment on all areas 
of concern regarding the development of and regulation of TERAs. In 
addition to general comments on the impact of Title V of the Energy 
Policy Act of 2005 on Indian tribes, we are asking for specific 
feedback on the following issues raised by the Act:
     Issue: The Act sets a specific time limit for the 
Secretary to approve or disapprove an original or revised TERA.
    Question: What criteria should the Secretary use to determine 
whether or not a proposed TERA contains sufficient technical and 
programmatic information for DOI to ``start the clock'' and proceed 
with an evaluation to approve or disapprove an original or revised 
TERA?
     Issue: The Act states that the Secretary shall approve a 
TERA if the Indian tribe has sufficient capacity to regulate the 
development of its energy resources.
    Question: What criteria should the Secretary use to determine 
whether or not an Indian tribe has sufficient capacity to regulate the 
development of its energy resources?
     Issue: The Act states that with respect to a lease, 
business agreement, or right-of-way, a TERA must include provisions 
that ensure the acquisition of necessary information from the 
applicant.
    Question: What constitutes ``necessary'' information?
     Issue: The Act states that with respect to a lease, 
business agreement, or right-of-way, a TERA must include provisions 
that address technical or other relevant requirements.
    Question: What are the ``technical or other relevant requirements'' 
that must be included in a TERA?
     Issue: The Act states that with respect to a lease, 
business agreement, or right-of-way, a TERA must establish a process 
for environmental review of energy development projects in accordance 
with certain minimum requirements.
    Question: What additional environmental review requirements above 
the minimum should the Secretary require for a TERA?
     Issue: The Act states that a lease, business agreement, or 
right-of-way granted by a TERA shall contain provisions that allow the 
Secretary to suspend or rescind the agreement if a material violation 
of the agreement occurs.
    Question: What constitutes a ``material'' breach of the terms of a 
lease, business agreement, or right-of-way? Further, what options 
should the Secretary make available to tribes to allow for corrective 
action to TERA-

[[Page 73258]]

authorized operations to remove the cause of a ``material'' breach?
     Issue: The Act states that a TERA should provide a process 
for ensuring that the public is informed of and has an opportunity to 
comment on the environmental impact of the proposed action.
    Question: What should be the required key elements of a TERA public 
review process including, but not limited to, format, timing, and 
frequency?
     Issue: The Act states that a TERA should provide a process 
for ensuring that responses to relevant and substantive public comments 
are provided before tribal approval of the lease, business agreement, 
or right-of-way.
    Question: How should tribes fulfill this requirement?
    We encourage you to pay particular attention to these questions as 
you consider submitting comments on the regulatory framework for energy 
development in tribal lands.
    Executive Order 13175 requires the Federal Government to consult 
with tribal officials in the development of Federal policies that have 
substantial direct effects on one or more Indian tribes. We chose the 
meeting locations to allow for increased participation by tribal 
officials. In addition, we will send out letters to tribal officials 
advising them of and encouraging them to participate in the meetings.
    Meetings are open to the public, without advance registration, from 
8 a.m. to 12 p.m. DOI staff will be available starting at 1 p.m. to 
meet with tribal representatives for government-to-government 
information exchange.
    If you wish to speak during a public session you must sign up to do 
so upon arrival. The order of speakers will follow the sign-up sheet. 
Public attendance is limited to the space available. Speakers may be 
time-limited if a large number of people wish to speak.
    If you are unable to attend these meetings, but want to provide 
comments, please send written comments by regular mail to Attention: 
Section 503 Rulemaking, Office of Indian Energy and Economic 
Development, 1849 C St., NW., Mail Stop 2749, Washington, DC, 20240 or 
by e-mail to [email protected].

    Dated: December 6, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary for Indian Affairs.
[FR Doc. 05-23913 Filed 12-8-05; 8:45 am]
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