Tribal Energy Resource Agreements
| Published date | 27 July 2021 |
| Citation | 86 FR 40147 |
| Record Number | 2021-15929 |
| Section | Rules and Regulations |
| Court | Indian Affairs Bureau |
Federal Register, Volume 86 Issue 141 (Tuesday, July 27, 2021)
[Federal Register Volume 86, Number 141 (Tuesday, July 27, 2021)]
[Rules and Regulations]
[Pages 40147-40149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15929]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 224
[212D0102DR/DS5A300000/DR.5A311.IA000118]
RIN 1076-AF65
Tribal Energy Resource Agreements
AGENCY: Bureau of Indian Affairs, Interior.
[[Page 40148]]
ACTION: Final rule.
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SUMMARY: The Bureau of Indian Affairs (BIA) is confirming the interim
final rule published on May 24, 2021, updating regulations governing
Tribal Energy Resource Agreements (TERAs) between the Secretary of the
Interior (Secretary) and Indian Tribes. The interim final rule added
the statutory requirement that that any application for a Tribal Energy
Development Organization (TEDO) be submitted by the Tribe and corrected
cross-references.
DATES: This rule is effective July 27, 2021.
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of
Regulatory Affairs & Collaborative Action, (202) 273-4680;
[email protected].
SUPPLEMENTARY INFORMATION:
I. Summary of Rule
This final rule updates TERA regulations that BIA published on
December 18, 2019 (84 FR 69602), under the authority of the Indian
Tribal Energy Development and Self-Determination Act of 2005, as
amended by the Indian Tribal Energy Development and Self-Determination
Act Amendments of 2017, 25 U.S.C. 3501-3504, Public Law 115-325, and 25
U.S.C. 2 and 9. The rule addressed the requirements of the Indian
Tribal Energy Development and Self-Determination Act Amendments of 2017
(2017 Amendments), including establishing a process and criteria for
TEDOs to obtain certification from the Secretary so that they may enter
into leases, business agreements, and rights-of-way with Tribes on
Tribal land without Secretarial approval. See Section 103(b) of the
2017 Amendments.
The 2019 regulation stated at Sec. 224.202 that a TEDO must submit
an application. The statute, however, states that the Tribe submits the
application for certification of a TEDO. See 25 U.S.C. 3504(h)(1). This
final rule corrects the regulation at Sec. 224.202 to provide that a
Tribe must submit the application.
This final rule also corrects typographical errors in the cross-
references to paragraphs in Sec. 224.53, as follows:
In paragraph (a)(3), the cross-reference is corrected to
be paragraph (b), rather than paragraph (c);
In paragraph (a)(5), the cross-reference is corrected to
be paragraph (c) rather than paragraph (d); and
In paragraph (b), the cross reference is corrected to be
paragraph (a)(3) rather than paragraph (a)(6).
On May 24, 2021 (86 FR 27806), BIA published an interim final rule
making these changes and announced the opportunity to comment by June
23, 2021. BIA received no comments on the interim final rule, so this
final rule adopts the interim final rule as published without change.
II. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866, 13563)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) at the Office of Management
and Budget (OMB) will review all significant rules. OIRA has determined
that this rule is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The E.O. directs agencies to consider regulatory approaches that reduce
burdens and maintain flexibility and freedom of choice for the public
where these approaches are relevant, feasible, and consistent with
regulatory objectives. E.O. 13563 emphasizes further that regulations
must be based on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. We have developed this rule in a manner consistent with these
requirements.
B. Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
C. Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more;
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions; and
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises
because this rule makes minor corrections.
D. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments or the private sector of more than $100 million per
year. The rule does not have a monetarily significant or unique effect
on State, local, or Tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
This rule does not affect a taking of private property or otherwise
have taking implications under Executive Order 12630 because this rule
does not affect individual property rights protected by the Fifth
Amendment or involve a compensable ``taking.'' A takings implication
assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement because the rule
affects only agreements entered into by Tribes and the Department. A
federalism summary impact statement is not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule: (a) Meets the criteria of section 3(a)
requiring that all regulations be reviewed to eliminate errors and
ambiguity and be written to minimize litigation; and (b) Meets the
criteria of section 3(b)(2) requiring that all regulations be written
in clear language and contain clear legal standards.
H. Consultation With Indian Tribes (E.O. 13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in Executive Order 13175 and have determined that it does not have
substantial direct effects on federally recognized Indian Tribes
because the Department consulted on substantive requirements of the
rule that is in effect, and this rule merely makes minor corrections to
that substantive rule.
[[Page 40149]]
I. Paperwork Reduction Act
OMB Control No. 1076-0167 currently authorizes the collections of
information contained in 25 CFR part 224. This rule does not affect
those collections of information.
J. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because this is an administrative and procedural regulation.
(For further information see 43 CFR 46.210(i)). We have also determined
that the rule does not involve any of the extraordinary circumstances
listed in 43 CFR 46.215 that would require further analysis under NEPA.
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
List of Subjects in 25 CFR Part 224
Agreement, Appeals, Application, Business agreements, Energy
development, Interested party, Lease, Reporting and recordkeeping
requirements, Right-of-way, Tribal Energy Resource Agreements, Tribal
capacity, Tribal lands, Trust, Trust asset.
PART 224--TRIBAL ENERGY RESOURCE AGREEMENTS UNDER THE INDIAN TRIBAL
ENERGY DEVELOPMENT AND SELF DETERMINATION ACT
0
The interim final rule amending 25 CFR part 224 which was published at
86 FR 27806 on May 24, 2021, is adopted as final without change.
Bryan Newland,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2021-15929 Filed 7-26-21; 8:45 am]
BILLING CODE 4337-15-P
