indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
BIA announces tribal energy resource regulations
Tuesday, August 22, 2006

Tribes will be able to take greater control of their energy resources under new regulations announced by the Bureau of Indian Affairs on Monday.

The National Energy Policy Act of 2005 authorized a voluntary program to speed up development on Indian lands. Participating tribes can submit resource plans to the Interior Department in order to gain quick approval of business deals, leases, rights-of-way and other types of energy agreements.

Currently, each individual agreement must be reviewed by the department. A federally-approved tribal energy resource agreement, or TERA, will enable tribes to skip that process, but only after following an application process that takes at least one year to complete.

"To foster economic development within Indian country and to promote energy self-sufficiency by tribes, I am delighted to make public proposed regulations for tribal energy resource agreements," said Jim Cason, the associate deputy secretary at Interior.

A Federal Register notice published yesterday outlines the proposal. To submit a TERA, tribes will have to detail their experience in handling energy matters and their procedures for dealing with energy agreements.

Within 30 days, the BIA must determine whether the application is complete. If so, the agency has 270 days to approve or disapprove a TERA.

If the application isn't complete, the tribe will be given up to 45 days following a consultation meeting with the BIA to submit a final proposal. The 270-day period will be triggered if the tribe chooses to continue the process.

In either case, the 270-day review period can be extended with the tribe's consent or if the BIA determines more time is needed. The TERA will be open to public comments during this time, according to the proposed regulations.

The schedule means a tribe must wait up to one year before a TERA becomes final.

Even if the TERA is approved, the BIA retains the authority to conduct periodic reviews of the tribe's energy development. For the first three years, the BIA must conduct an annual review. After three years, the reviews can be conducted every two years.

Interested parties may also petition the tribe, or the BIA, to review the tribe's compliance with the TERA. Interested parties could include tribal members and other people affected by energy development but they must first seek review through the tribe before turning to the BIA.

If the BIA determines the tribe is not in compliance with the TERA, the BIA has the ability to order the tribe to take corrective steps or to halt energy development.

Comments on the proposed rules are being accepted until September 20, 2006. The notice does not say when they will be finalized. Comments can be submitted in writing, via fax or e-mail or through regulations.gov.

The rules come amid another Indian energy initiative -- a controversial study of energy rights-of-way on tribal lands. Section 1813 of the National Energy Policy Act authorized the study at the behest of energy companies who claim tribes are demanding exorbitant amounts for the use of their land.

Comments on the rights-of-way draft are being accepted until September 1, 2006.

Federal Register Notice:
TEXT | PDF

Rights-of-Way Report:
Draft Report to Congress: Energy Policy Act of 2005, Section 1813 Indian Land Rights-of-Way Study | Appendix: Historic Rates of Compensation for Rights-of-Way Crossing Indian Lands, 1948-2006 National Energy Bill:
Energy Policy Act of 2005 (H.R.6)

Relevant Links:
Council of Energy Resource Tribes - http://www.certredearth.com
Energy Policy Act Section 1813 - http://1813.anl.gov
Department of Energy - http://www.energy.gov

Related Stories:
Sac and Fox Nation looks to develop energy park (8/17)
Tribes discuss potential for energy development (8/14)
Federal Register: Draft report on energy rights-of-way (08/09)
Nez Perce landowners protest energy company (07/17)
Indian energy rights-of-way study being delayed (07/07)
Energy rights-of-way study criticized at Denver meeting (03/08)
Hopi Tribe works with ASU on wind power study (03/03)
Wind power a consideration for tribal energy project (3/2)
Six tribes win grant to study renewable energy (3/1)
Tribes hope to tap into natural energy resources (2/28)
Tom Daschle: Opportunity for tribes and energy (02/16)
DOI meeting on energy rights-of-way on tribal lands (2/13)
NCAI's Hall praises Senate passage of energy bill (06/29)
Campbell to give update on Indian energy legislation (04/07)
DOI to hold series of Indian energy meetings (01/06)
Federal Register: DOI meetings on Indian energy (12/09)
Wind turbine project a go on California reservation (03/21)
Rosebud Sioux Tribe finishes first wind turbine (01/21)
Lower Brule Sioux Tribe developing wind farm (12/07)
Fond du Lac Band explores alternative energy (11/29)
Oglala Lakota College turns to wind energy (11/22)
California tribes to host large wind power plant (10/04)
Senate Republicans scale back energy legislation (2/11)
Tauzin to retire from House as energy bill scaled back (02/04)
Editorial: Reform DOI, not the trust responsibility (11/26)
GOP leaders release second draft of energy bill (09/30)
Navajo Nation's Shirley slams energy bill (7/22)
Senate takes up Indian energy title (6/12)
Navajo Nation opposes energy bill (6/6)
Indian energy title adopted without changes (04/30)
Tribes weigh effects of energy legislation on trust (03/20)
Navajo Nation tussles with new trust 'philosophy' (03/20)
Interior opposes oversight in energy bill (03/20)
High court ruling makes 'passive' trustee of U.S. (3/5)

Copyright © 2000-2006 Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Tim Giago: There's a smell of treason in the air in nation's capital (3/27)
Mark Trahant: The fight ahead for the future of Indian health care (3/27)
Bill John Baker: Woman play important roles in Cherokee Nation (3/27)
Brian Lightfoot Brown: One last victory for the Narragansett Tribe (3/27)
Native Sun News Today: Oglala Sioux Tribe questions loss of funds (3/27)
James Giago Davies: Troubled times are coming to Lakota country (3/27)
Sarah Van Gelder: Huge bank divests from Dakota Access Pipeline (3/27)
Cronkite News: Navajo Nation hails decision on aging power plant (3/27)
Tiffany Midge: There's a happy ending for Standing Rock out there (3/27)
Steven Newcomb: Getting to the true meaning of our sovereignty (3/27)
Steve Russell: Losing our status as 'domestic dependent nations' (3/27)
Mona Evans: Creek Nation fails to support Indian Child Welfare Act (3/27)
Tribes mount another fight after Trump approves another pipeline (3/24)
Native Sun News Today: Navajo elders continue long fight on land (3/24)
Editorial: Just another day of trying to keep up with the Trumps (3/24)
Elizabeth LaPensée: Video games encourage indigenous culture (3/24)
Mary Annette Pember: Native women work with youth offenders (3/24)
Tiffany Midge: Trump continues to conjure hero Andrew Jackson (3/24)
John Kane: Seneca Nation money train coming to end in New York (3/24)
Grand Ronde Tribes secure approval of school mascot agreement (3/24)
Editorial: Federal recognition for tribes in Virginia is long overdue (3/24)
Seneca Nation ends casino payments after sending $1.4B to state (3/24)
Appeals court hears slew of Indian cases amid focus on nominee (3/23)
Internal tribal disputes continue to trip up federal court system (3/23)
Mark Trahant: Indian health care gains ignored in political debate (3/23)
Native Sun News Today: Young fighters maintain Lakota tradition (3/23)
Ivan Star Comes Out: America loses its self-respect and humanity (3/23)
Rosalyn LaPier: Why water remains sacred to indigenous peoples (3/23)
Winona LaDuke: North Dakota spreads filth about water protectors (3/23)
Harold Monteau: Tribal governments are abusing their own people (3/23)
Alex Jacobs: Donald Trump in middle of the 'deep state civil war' (3/23)
Secretary Zinke announces 'doggy days' for Interior Department (3/23)
Keystone XL Pipeline route crosses Ponca Tribe's forced removal (3/23)
Indian lawmaker resigns after being charged for child prostitution (3/23)
Pinoleville Pomo Nation buys site of long-delayed casino project (3/23)
High court pick acknowledges poor treatment of 'sovereign' tribes (3/22)
Dakota Access submits another status update entirely under seal (3/22)
Court allows claim for alleged underpayment in Cobell settlement (3/22)
South Dakota tribes continue to extend Class III gaming compacts (3/22)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.