[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Pages 77836-77837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30139]



Minerals Management Service

[Docket No. MMS-2008-MRM-0027]

Notice of Establishment of the Indian Oil Valuation Negotiated 
Rulemaking Committee

AGENCY: Minerals Management Service, Interior.

ACTION: Establishment of Advisory Committee.


SUMMARY: As required by section 9 (a) (2) of the Federal Advisory 
Committee Act (FACA) (5 U.S.C. Appendix 2), the Department of the 
Interior (Department) is giving notice of the establishment of the 
Indian Oil Valuation Negotiated Rulemaking Committee (Committee) to 
develop specific recommendations regarding Indian oil valuation. The 
Department has determined that the establishment of this Committee is 
in the public interest and will assist the Minerals Management Service 
(MMS) in performing its duties under the Federal Oil and Gas Royalty 
Management Act of 1982 (FOGRMA) (30 U.S.C. 1701 et seq.). Copies of the 
Committee's charter will be filed with the appropriate committees of 
Congress and the Library of Congress in accordance with section 9 (c) 
of FACA.

ADDRESSES: You may submit comments by the following methods:
     Electronically go to http://www.regulations.gov. In the 
``Comment or Submission'' column, enter ``MMS-2008-MRM-0027'' to view 
supporting and related materials for this notice. Click on ``Send a 
comment or submission'' link to submit public comments. Information on 
using Regulations.gov, including instructions for accessing documents, 
submitting comments, and viewing the docket after the close of the 
comment period, is available through the site's ``User Tips'' link. All 
comments submitted will be posted to the docket.
     Mail comments to Hyla Hurst, Regulatory Specialist, 
Minerals Management Service, Minerals Revenue Management, P.O. Box 
25165, MS 302B2, Denver, Colorado 80225.
     Hand-carry comments or use an overnight courier service. 
Our courier address is Building 85, Room A-614, Denver Federal Center, 
West 6th Ave. and Kipling St., Denver, Colorado 80225.

Advisor, Minerals Management Service, Minerals Revenue Management, P.O. 
Box 25165, MS 300B2, Denver, Colorado 80225-

[[Page 77837]]

0165, telephone number (303) 231-3899, fax number (303) 231-3409.


I. Background

    On April 28, 2008, the Department published a notice of intent to 
establish an Indian Oil Valuation Negotiated Rulemaking Committee (73 
FR 22970). In that notice, the Department requested interested parties 
to nominate representatives for membership on the Committee. The 
Department received 1 comment opposing the establishment of a 
negotiated rulemaking committee and 10 responses nominating individuals 
to serve on the Committee. The Department believes that using a 
negotiated rulemaking committee to make specific recommendations 
regarding valuation of oil from Indian leases would help the agency in 
developing a rulemaking. Therefore, the Department is establishing the 
Indian Oil Valuation Negotiated Rulemaking Committee.

II. Statutory Provisions

    The Negotiated Rulemaking Act of 1996 (NRA) (5 U.S.C. 561 et seq. 
); the Federal Advisory Committee Act (5 U.S.C. Appendix 2, section 1 
et seq. ); the Federal Oil and Gas Royalty Management Act of 1982 
(FOGRMA) (30 U.S.C. 1701 et seq. ); the Indian Mineral Development Act 
of 1982 (25 U.S.C. 2101-2108; and 25 U.S.C. 2 and 9); 30 CFR part 206; 
25 CFR part 225; and Indian oil and gas lease and agreement terms.

III. The Committee and Its Process

    In a negotiated rulemaking, a proposed rule is developed by a 
committee composed of representatives of government and the interests 
that will be significantly affected by the rule. Decisions are made by 

    ``[C]onsensus'' means unanimous concurrence among the interests 
represented on a negotiated rulemaking committee established under 
this subchapter, unless such committee (A) agrees to define such 
term to mean a general but not unanimous concurrence; or (B) agrees 
upon another specified definition.

    5 U.S.C. 562(2) (A) and (B).
    The negotiated rulemaking process is initiated by the Agency's 
identification of interests potentially affected by the rulemaking 
under consideration. Those interests were identified by the comments 
received regarding the Federal Register notice published on April 28, 

IV. Membership of the Committee

    The MMS believes that the interests significantly affected by this 
rule will be represented by the representatives listed below:
    A representative of the Shoshone and Arapaho Tribes of the Wind 
River Reservation;
    A representative of the Ute Indian Tribe;
    A representative of the allottees at Fort Berthold, North Dakota;
    A representative of the allottees of Oklahoma Indian Land/Mineral 
Owners of Associated Nations;
    A representative of the Blackfeet Nation;
    A representative of the Council of Petroleum Accountants Societies 
(COPAS) Revenue Committee;
    A representative of the Independent Petroleum Association of 
Mountain States;
    A representative of Peak Energy Resources;
    A representative of Resolute Natural Resources;
    A representative of Chesapeake Energy;
    Two representatives of the Minerals Management Service; and
    A representative of the Assistant Secretary for Indian Affairs.
    If anyone believes their interests will not be adequately 
represented by these organizations, they must demonstrate and document 
that assertion through an application submitted no later than 10 
calendar days following publication of this notice. You may fax your 
documentation to (303) 231-3409.
    The first meeting date will be published in a Federal Register 
notice. Future meetings will be determined at this first meeting and 
notice of the dates published in the Federal Register.


    I hereby certify that the Indian Oil Valuation Negotiated 
Rulemaking Committee is in the public interest.

    Dated: December 10, 2008.
Foster L. Wade,
Deputy Assistant Secretary for Land and Minerals Management.
[FR Doc. E8-30139 Filed 12-18-08; 8:45 am]