[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Proposed Rules]
[Page 76634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31559]



Office of Natural Resources Revenue

30 CFR Chapter XII

[Docket No. ONRR-2011-0007]

Establishment of the Indian Oil Valuation Negotiated Rulemaking 

AGENCY: Office of Natural Resources Revenue, Interior.

ACTION: Notice.


SUMMARY: On January 31, 2011, the Department published a notice of 
intent to establish an Indian Oil Valuation Negotiated Rulemaking 
Committee. In that notice, we requested interested parties to nominate 
representatives for membership on the Committee and addressed many of 
the requirements of Section 564 of the Negotiated Rulemaking Act. On 
August 22, 2011, the Department published a second notice of intent to 
establish an Indian Oil Valuation Negotiated Rulemaking Committee to 
address the remaining requirements of Section 564 of the Negotiated 
Rulemaking Act and to inquire if all interests were represented by the 
proposed members. This notice establishes the Committee.

FOR FURTHER INFORMATION CONTACT: Mr. Karl Wunderlich, Office of Natural 
Resources Revenue (ONRR), Telephone: (303) 231-3663; Fax: (303) 231-
3194, or Email: [email protected].

SUPPLEMENTARY INFORMATION: In response to our second notice, we 
received three responses recommending three additional members to the 
Committee. In response, we have added the following three recommended 
members to the Committee: Patrick Flynn, employee of Resolute Energy 
Corporation, representative of Industry; Grinnell Day Chief, 
representative of the Blackfeet Nation; Alan Taradash, representative 
of the Jicarilla Apache Nation.
    One additional comment was received in response to the second 
notice of intent offering broad objections to the composition of the 
Committee. In particular, the commenter felt the Committee did not 
represent all significant interests, did not represent global energy 
producer interests, included members from the oil industry with 
conflicts of interest, and should not have had inclusion from the 
Bureau of Indian Affairs (BIA).
    While ONRR appreciates and encourages interest in the Indian Oil 
Valuation Negotiated Rulemaking Committee, at this time we find it 
unnecessary to reconstitute or make significant changes to the 
committee. On January 31, 2011, ONRR solicited nominees for membership 
to the Committee. On August 22, 2011, ONRR solicited additional 
nominees. This provided the commenter two opportunities to nominate a 
member that would represent the significant interests he felt were 
omitted. ONRR believes it has adequately met the intent of the Federal 
Advisory Committee Act (FACA) in soliciting membership and finding 
members with an appropriate balance of viewpoints. ONRR also notes that 
the Committee is being formed to address valuation of oil production 
from domestic Indian oil leases. Global energy interests are most 
likely unconcerned with the subject of this Committee and no 
nominations were offered to represent these interests. Likewise, the 
proposed representatives from industry were nominated by their 
constituents and have an undeniable stake in the rulemaking process. 
Any perceived conflict of interest on the part of industry's 
nominations was not adequately described by the commenter. While the 
commenter noted that the oil industry members have conflicts of 
interest, this is expected of ``representative'' members of a FACA 
committee. These members serve as representatives of outside entities 
or groups and their exclusive function is to represent the points of 
view of a particular industry or group (e.g. labor, agriculture, 
energy, environmental, tribal, or some other recognizable group of 
persons). In representing the interests of a specifically identifiable 
interest group, the opinions, information, and advice these members 
offer will reflect the biases of the particular group that the member 
represents on the Committee. ONRR firmly believes that the interests 
significantly affected by the rulemaking are represented by the 
    Finally, the Committee was formed within the terms of the FACA 
which provides for government oversight over FACA committees. In the 
case of this Committee, ONRR believes that BIA belongs on the 
Committee, because BIA issues leases and is the office of record 
maintaining surface and mineral ownership records on Indian Trust 
    The Committee will meet at least quarterly with the first meeting 
planned for February 2012.
    Certification Statement: I hereby certify that the Indian Oil 
Valuation Negotiated Rulemaking Committee is necessary, is in the 
public interest, and is established under the authority of the 
Secretary of the Interior.

    Dated: December 1, 2011.
Ken Salazar,
Secretary of the Interior.
[FR Doc. 2011-31559 Filed 12-7-11; 8:45 am]