[Federal Register: December 29, 2005 (Volume 70, Number 249)]
[Notices]
[Page 77178-77179]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de05-69]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Public Comment About Congressionally Mandated Study of Energy
Rights-of-Way on Tribal Lands
AGENCY: Office of Indian Energy and Economic Development, Interior.
ACTION: Notice of request for public comment.
-----------------------------------------------------------------------
SUMMARY: Section 1813 of the Energy Policy Act of 2005 (Pub. L. 109-58)
requires the Department of the Interior (DOI) and Department of Energy
to provide Congress with a study regarding energy rights-of-way on
tribal lands. The study is due to Congress by August 7, 2006. The
Departments are interested in receiving comments from the public about
how to proceed with implementing section 1813.
DATES: Comments are due on or before January 20, 2006.
ADDRESSES: Send written comments by regular mail to Attention: Section
1813 ROW Study, Office of Indian Energy and Economic Development, 1849
C St., NW., Mail Stop 2749-MIB, Washington, DC, 20240 or by e-mail to
IEED@bia.edu.
FOR FURTHER INFORMATION CONTACT: Mr. Darryl Francois, Office of Indian
Energy and Economic Development, 1849 C St., NW., Mail Stop 2749-MIB,
Washington, DC, 20240. He can also be reached by telephone at (202)
219-0740 or by electronic mail at darryl.francois@mms.gov.
SUPPLEMENTARY INFORMATION: Section 1813 of the Energy Policy Act of
2005 (Pub. L. 109-58) requires the Secretaries of the Department of the
Interior and the Department of Energy (Departments) to conduct a study
of energy related rights-of-way on tribal lands. The Act requires that
the study address four subjects:
1. An analysis of historical rates of compensation;
[[Page 77179]]
2. Recommendations for appropriate standards to determine fair and
appropriate compensation;
3. An assessment of tribal self-determination and sovereignty
interests implicated by applications for rights-of-way on tribal land;
and
4. An analysis of relevant national energy transportation policies.
The Departments propose the following work plan to meet the
specific requirements of the Act and meet the congressionally mandated
deadline for submittal of the final report.
1. DOI and DOE plan to conduct a series of pre-scoping phone calls
and meetings with selected tribal leaders, members of the energy
industry, appropriate government entities and affected businesses and
consumers to discuss the various aspects of the report called for by
section 1813. Participants in this pre-scoping work group will be
identified through suggestions tribal leaders, other prominent Indian
groups, business associations, and government organizations. The
outcome of these pre-scoping discussions will provide useful detail and
direction for the subsequent stages of the work plan.
2. DOI and DOE propose to contract with a Department of Energy
National Laboratory to prepare an analysis of historical rates of
compensation for pipelines crossing Indian land (as specified in
section 1813(b)(1)), using a case study approach. We plan to direct the
analysts to solicit and collect data from the Bureau of Indian Affairs,
Tribal Governments, the energy industry, and other appropriate sources
(e.g., the National Archives and Records Administration) for this
analysis.
3. In February 2006, DOI and DOE plan to jointly conduct a 2-day
nation-wide scoping meeting with presentations from all affected
groups, soliciting input on the subjects of appropriate standards and
procedures for determining fair and appropriate compensation, tribal
self-determination and sovereignty interests, and relevant national
energy transportation policies. At this meeting, we propose to
establish several working groups to solicit and further develop
information on each of these subjects.
4. Between February and May 2006, DOI and DOE plan to conduct up to
two workshops for each of these working groups. We expect to draw
extensively on the results of the groups' efforts in preparing the
report to Congress.
5. In May 2006, DOI and DOE plan to prepare a draft report, send
copies to the tribes, and publish a notice of availability in the
Federal Register.
6. Between May 2006 and mid-July 2006, DOI and DOE plan to conduct
three regional Tribal consultation meetings to present the draft report
and to receive written and oral comments on the draft.
7. DOI and DOE will consider these comments in preparing a final
report for delivery to Congress by August 7, 2006.
The Departments request public comment on proposed work plan in
addition to any other areas of concern regarding the section 1813
study. We will accept comments until January 20, 2006.
If you want to provide comments, please send written comments by
regular mail to Attention: Section 1813 ROW Study, Office of Indian
Energy and Economic Development, 1849 C St., NW., Mail Stop 2749,
Washington, DC, 20240 or by email to IEED@bia.edu.
Dated: December 22, 2005.
Michael D. Olsen,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. E5-8068 Filed 12-28-05; 8:45 am]
BILLING CODE 4310-96-P