indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Indian Law Online Master Degree
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:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Northern Cheyenne family celebrates history (3/2)
Doug George-Kanentiio: Native snipers among world's deadliest (3/2)
Omaha Tribe welcomes denial of rehearing in boundary lawsuit (3/2)
Supreme Court won't hear Stockbridge-Munsee Band land claim (3/2)
Indian tobacco company rebuffed in another dispute with state (3/2)
Jodi Gillette: Administration making progress in Indian Country (3/2)
Kevin Abourezk: Leaders of Winnebago Tribe face recall attempt (3/2)
Aaron Schutt: Alaska Native role in FCC's auction benefits public (3/2)
Steven Newcomb: NMAI should help expose Indian law's bigotry (3/2)
Dina Gilio-Whitaker: Native sovereignty in a race-based society (3/2)
David Wilkins: Tap into the knowledge and power of our nations (3/2)
Opinion: Native women won't feel safe without action in Canada (3/2)
Indian families in South Dakota battle to keep children at home (3/2)
Marijuana presented as another opportunity for Indian Country (3/2)
Lac Vieux Desert Band relies on revenue from lending business (3/2)
Leader of Kiowa Tribe challenges BIA's intervention in election (3/2)
Cherokee Nation mourns loss of respected journalist John Shurr (3/2)
Pechanga Band to reclaim ancestors and artifacts from military (3/2)
Travel: Ancient culture continues on Hopi Reservation in Arizona (3/2)
Saginaw Chippewa Tribe banishes two women after drug arrest (3/2)
Joseph Webster: Tribes assert sovereignty over Class II gaming (3/2)
Tohono O'odham Nation spends $200M on first phase of casino (3/2)
New Mexico lawmakers advance new Class III gaming compact (3/2)
Fort Sill Apache Tribe in court for gaming compact in New Mexico (3/2)
MGM on track to complete $1.2B casino near US Capitol next year (3/2)
Wrapup from National Congress of American Indians DC meeting (2/27)
Native Sun News: Rapid City leader calls for tax on alcohol sales (2/27)
Mark Trahant: Beautiful trend emerges with power of Native vote (2/27)
Ivan Star: Lakota traditional history tells the true untold stories (2/27)
Audio: House Appropriations Committee hearing on BIA budget (2/27)
Senate Indian Affairs Committee to hold hearing on irrigation bill (2/27)
National Indian Gaming Commission choice gets another hearing (2/27)
Kevin Abourezk: Omaha language advocate passes on at age 58 (2/27)
Gyasi Ross: Yawna Allen shares her Native and African ancestry (2/27)
Frank Hopper: Alaska Native Brotherhood was about resistance (2/27)
Stanley Heller: Don't forget the Sand Creek Massacre in Colorado (2/27)
Cherokee Nation chief faces at least four challengers in election (2/27)
BIA and DOJ seek to mediate Cayuga Nation leadership dispute (2/27)
Non-Indians guilty for hunting incidents on Montana reservation (2/27)
Man from Te-Moak Tribe pleads guilty to voluntary manslaughter (2/27)
Administrator for Alaska tribe cuts her position out of the budget (2/27)
Opinion: Find common ground on Indian mascots in Connecticut (2/27)
Hannahville Indian Community starts $8M casino expansion work (2/27)
Wilton Rancheria still waiting for BIA movement on casino project (2/27)
Lytton Band paid $4.6M to use land as parking for Class II facility (2/27)
Opinion: Menominee Nation might turn to tokers instead of poker (2/27)
Opinion: Poarch Creeks come with slot machines and marijuana (2/27)
Updates from National Congress of American Indians meet in DC (2/26)
Native Sun News: Rosebud Sioux Tribe leader sidelined by council (2/26)
James Giago Davies: Native activism must embrace all relations (2/26)
Donna Ennis: Obama budget supports tribal self-determination (2/26)
Rich Winter: Let's keep Lakota Nation Invitational in Rapid City (2/26)
Oglala Sioux Tribe wants Lakota Nation Invitational out of Rapid (2/26)
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.