[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Notices]
[Pages 77178-77179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8068]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Public Comment About Congressionally Mandated Study of Energy 
Rights-of-Way on Tribal Lands

AGENCY: Office of Indian Energy and Economic Development, Interior.

ACTION: Notice of request for public comment.

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SUMMARY: Section 1813 of the Energy Policy Act of 2005 (Pub. L. 109-58) 
requires the Department of the Interior (DOI) and Department of Energy 
to provide Congress with a study regarding energy rights-of-way on 
tribal lands. The study is due to Congress by August 7, 2006. The 
Departments are interested in receiving comments from the public about 
how to proceed with implementing section 1813.

DATES: Comments are due on or before January 20, 2006.

ADDRESSES: Send written comments by regular mail to Attention: Section 
1813 ROW Study, Office of Indian Energy and Economic Development, 1849 
C St., NW., Mail Stop 2749-MIB, 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: Section 1813 of the Energy Policy Act of 
2005 (Pub. L. 109-58) requires the Secretaries of the Department of the 
Interior and the Department of Energy (Departments) to conduct a study 
of energy related rights-of-way on tribal lands. The Act requires that 
the study address four subjects:
    1. An analysis of historical rates of compensation;

[[Page 77179]]

    2. Recommendations for appropriate standards to determine fair and 
appropriate compensation;
    3. An assessment of tribal self-determination and sovereignty 
interests implicated by applications for rights-of-way on tribal land; 
and
    4. An analysis of relevant national energy transportation policies.
    The Departments propose the following work plan to meet the 
specific requirements of the Act and meet the congressionally mandated 
deadline for submittal of the final report.
    1. DOI and DOE plan to conduct a series of pre-scoping phone calls 
and meetings with selected tribal leaders, members of the energy 
industry, appropriate government entities and affected businesses and 
consumers to discuss the various aspects of the report called for by 
section 1813. Participants in this pre-scoping work group will be 
identified through suggestions tribal leaders, other prominent Indian 
groups, business associations, and government organizations. The 
outcome of these pre-scoping discussions will provide useful detail and 
direction for the subsequent stages of the work plan.
    2. DOI and DOE propose to contract with a Department of Energy 
National Laboratory to prepare an analysis of historical rates of 
compensation for pipelines crossing Indian land (as specified in 
section 1813(b)(1)), using a case study approach. We plan to direct the 
analysts to solicit and collect data from the Bureau of Indian Affairs, 
Tribal Governments, the energy industry, and other appropriate sources 
(e.g., the National Archives and Records Administration) for this 
analysis.
    3. In February 2006, DOI and DOE plan to jointly conduct a 2-day 
nation-wide scoping meeting with presentations from all affected 
groups, soliciting input on the subjects of appropriate standards and 
procedures for determining fair and appropriate compensation, tribal 
self-determination and sovereignty interests, and relevant national 
energy transportation policies. At this meeting, we propose to 
establish several working groups to solicit and further develop 
information on each of these subjects.
    4. Between February and May 2006, DOI and DOE plan to conduct up to 
two workshops for each of these working groups. We expect to draw 
extensively on the results of the groups' efforts in preparing the 
report to Congress.
    5. In May 2006, DOI and DOE plan to prepare a draft report, send 
copies to the tribes, and publish a notice of availability in the 
Federal Register.
    6. Between May 2006 and mid-July 2006, DOI and DOE plan to conduct 
three regional Tribal consultation meetings to present the draft report 
and to receive written and oral comments on the draft.
    7. DOI and DOE will consider these comments in preparing a final 
report for delivery to Congress by August 7, 2006.
    The Departments request public comment on proposed work plan in 
addition to any other areas of concern regarding the section 1813 
study. We will accept comments until January 20, 2006.
    If you want to provide comments, please send written comments by 
regular mail to Attention: Section 1813 ROW Study, Office of Indian 
Energy and Economic Development, 1849 C St., NW., Mail Stop 2749, 
Washington, DC, 20240 or by email to [email protected].

    Dated: December 22, 2005.
Michael D. Olsen,
Principal Deputy Assistant Secretary--Indian Affairs.
 [FR Doc. E5-8068 Filed 12-28-05; 8:45 am]
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