indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
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...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Indian farmers question Keepseagle attorneys (8/22)
Brandon Ecoffey: Navajo golfer Rickie Fowler is a fast-rising star (8/22)
Oglala Sioux leader and educator Gerald One Feather passes on (8/22)
Indigenous Fine Arts Market kicks off big weekend in New Mexico (8/22)
Gyasi Ross: Native people are all too familiar with police brutality (8/22)
Melanie Yazzie: Border town violence connected to colonization (8/22)
Ray Young Bear: No tribal member wants to be known by R-word (8/22)
Washington Post: Editorial board will no longer use R-word 'slur' (8/22)
Matthew Murguia: The facts are clear on Washington NFL mascot (8/22)
Three Indian artists selected as NEA's National Heritage Fellows (8/22)
President of Navajo Nation bans smoking in executive buildings (8/22)
Recently recognized Tejon Tribe to close enrollment next month (8/22)
Cowlitz Tribe pays $1.4M for building to be used as medical office (8/22)
Nooksack Tribe must answer to casino loan lawsuit in state court (8/22)
Menominee Nation remains confident with off-reservation casino (8/22)
Forest County Potawatomi Tribe parts ways with 'face' of casino (8/22)
Iipay Nation plans to offer real money Internet poker next week (8/22)
Seneca Nation shared $13.9M in casino revenue with community (8/22)
Native Sun News: DOJ backs tribes in ICWA case in South Dakota (8/21)
Jeffrey Whalen: Oglala Sioux Tribe's police force is in 'shambles' (8/21)
Ryan Wilson: Native language immersion programs need support (8/21)
Oklahoma City Indian Clinic celebrates grand opening of building (8/21)
Walt Lamar: Remove Gary Edwards from law enforcement group (8/21)
Secretary Jewell issues order and guidance on trust relationship (8/21)
Confederated Salish and Kootenai Tribes see $7.4M for buyback (8/21)
North Dakota tribe accused of concealing data on pipeline spill (8/21)
Navy rejects transfer of surplus property to Narragansett Tribe (8/21)
Kake Tribe returns to site of 1857 deadly attack in Washington (8/21)
Opinion: Nez Perce Tribe defends its homeland from big energy (8/21)
KCUR: Modern and historic Indian art on display in Kansas City (8/21)
Mike Wise: Longtime NFL referee avoided Washington's games (8/21)
Enterprise Rancheria sues state over delayed Class III compact (8/21)
Santee Sioux Tribe working to bring more attractions to casino (8/21)
Mashantucket Tribe sees credit hit as casino competition grows (8/21)
Chumash Tribe to respond to concerns about casino expansion (8/21)
Travel: Smoking allowed at tribal casinos in northern California (8/21)
Native Sun News: Oglala Sioux Tribe gears up for uranium battle (8/20)
Eyapaha Today: J. Waylon Miller leads Friends of Cesar Romero (8/20)
Sandra Fox: Fixing the education system for our Indian children (8/20)
Albert Bender: US-backed genocide in Guatemalan spurs exodus (8/20)
Mark Chavaree: Penobscot Nation fights to save namesake river (8/20)
Mark Rogers: One more day with post-traumatic stress disorder (8/20)
Still no word on Cobell payments as end of August approaches (8/20)
Native boy found safe after going missing for nearly 24 hours (8/20)
9th Circuit allows Lummi Nation to pursue fishing rights claims (8/20)
St. Regis Mohawk Tribe gains support for land claim agreement (8/20)
Delaware Tribe to discuss plans for land with officials in Kansas (8/20)
Wind River Reservation students enjoy back-to-school haircuts (8/20)
Review: Native man serves as anti-hero in 'Winter In The Blood' (8/20)
Bill introduced to extend recognition to Clatsop-Nehalem Tribe (8/20)
Governor pressed on Menominee Nation off-reservation casino (8/20)
Group seeks referendum on Tohono O'odham Nation casino deal (8/20)
Lawmakers approve Class III gaming compact with Karuk Tribe (8/20)
Enterprise Rancheria awaits action on Class III gaming compact (8/20)
Wampanoag casino opponents hope to catch Obama's attention (8/20)
Opinion: Tribal gaming creates short term and long term benefits (8/20)
Native Sun News: Oglala man's business dealings under scrutiny (8/19)
Mark Trahant: Behind the scenes of Obamacare in Indian Country (8/19)
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.