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
Fredericks Peebles & Morgan LLP
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:
Native Democrats make urgent case for Hillary Clinton as president (7/28)
Mark Trahant: The story is far from over for Senator Bernie Sanders (7/28)
Native Sun News: Indian Health Service eyes new hospital in Rapid (7/28)
Brandon Ecoffey: Oglala Sioux Tribe must start fitness revolution (7/28)
Ivan Star Comes Out: Show respect for sacred Lakota family unit (7/28)
Gyasi Ross: It's gonna be awhile before the first Native president (7/28)
Harlan McKosato: Violence against Native people swept under rug (7/28)
Harold Monteau: Even more lessons in indigenous law and policy (7/28)
Indian Country shares spotlight at Democratic National Convention (7/27)
Recap: Native American Council at Democratic National Convention (7/27)
Lakota Country Times: SuAnne Big Crow Center focuses on fitness (7/27)
Native Sun News: Tribal college showcases works of Lakota artists (7/27)
Vi Waln: Too many of our own people continue to smoke cigarettes (7/27)
Andre Cramblit: Growing wiser in my return to Dartmouth College (7/27)
Indian Country makes presence known at Democratic convention (7/26)
Tim Giago: Questioning the motto of GOP candidate Donald Trump (7/26)
Lakota Country Times: Oglala team lands Indian relay title again (7/26)
Native Sun News: Tribes honor author of Indian Child Welfare Act (7/26)
Delphine Red Shirt: Let's eat food that's always been good for us (7/26)
Peter d'Errico: Luci Tapahonso tackles legacy of boarding schools (7/26)
Donald Trump tried to partner with Agua Caliente Band on casino (7/26)
Native American Council meets at Democratic National Convention (7/25)
Police officer cleared over fatal shooting of Navajo Nation woman (7/25)
Doug George-Kanentiio: Donald Trump and his campaign of hatred (7/25)
Native Sun News: Tribal advocate focuses on Great Plains efforts (7/25)
Lakota Country Times: Descendants of Pine Ridge legend gather (7/25)
Johnny Rustywire: Navajo mother works hard at motel for family (7/25)
Alex Jacobs: Nation finally admits problem with policing and race (7/25)
Dwaine Perry: Ramapough Lunaape Nation marching for justice (7/25)
Charges filed for assault on disabled member of Nisqually Tribe (7/25)
Man arrested for American Indian Movement flag settles lawsuit (7/25)
Interior Department consults tribes about new trust reform law (7/22)
Training sessions planned for final Indian Child Welfare Act rule (7/22)
Yurok Tribe shares sad news about salmon festival -- no salmon (7/22)
Mark Charles: An entire nation's big problem with Donald Trump (7/22)
Mark Trahant: Donald Trump promises a world with no treaties (7/22)
Native Sun News: Appeal delays release of Keepseagle checks (7/22)
Lakota Country Times: Oglala Sioux Tribe hosts walk for cancer (7/22)
James Giago Davies: Police officers get away with 'kill option' (7/22)
Andre Cramblit: Police officer shootings seem far too common (7/22)
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.