81 FR 23005 - Renewal of Agency Information Collection for Tribal Energy Resource Agreements

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 75 (April 19, 2016)

In compliance with the Paperwork Reduction Act of 1995, the Assistant Secretary--Indian Affairs (IA) is seeking comments on the renewal of Office of Management and Budget (OMB) approval for the collection of information titled ``Tribal Energy Resource Agreements'' (TERAs) under the Office of Indian Energy and Economic Development Office (IEED) authorized by OMB Control Number 1076-0167. This information collection expires July 31, 2016. IA is also seeking comments as to how a reduction of burden could be achieved.

[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Pages 23005-23006]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09019]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[167 A2100DD/AAKC001030/A0A501010.999900]


Renewal of Agency Information Collection for Tribal Energy 
Resource Agreements

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the 
Assistant Secretary--Indian Affairs (IA) is seeking comments on the 
renewal of Office of Management and Budget (OMB) approval for the 
collection of information titled ``Tribal Energy Resource Agreements'' 
(TERAs) under the Office of Indian Energy and Economic Development 
Office (IEED) authorized by OMB Control Number 1076-0167. This 
information collection expires July 31, 2016. IA is also seeking 
comments as to how a reduction of burden could be achieved.

DATES: Submit comments on or before June 20, 2016.

ADDRESSES: You may submit comments on the information collection and on 
burden reduction to Ms. Elizabeth K. Appel, Director, Office of 
Regulatory Affairs & Collaborative Action, Office of the Assistant 
Secretary--Indian Affairs, U.S. Department of the Interior, telephone: 
(202) 273-4680; email: [email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth K. Appel, (202) 273-
4680.

SUPPLEMENTARY INFORMATION:

I. Abstract

    The Energy Policy Act of 2005, 25 U.S.C. 3503 authorizes the 
Secretary of the Interior to approve individual Tribal Energy Resource 
Agreements (TERAs). The intent of these agreements is to promote Tribal 
oversight and management of energy and mineral resource development on 
Tribal lands and further the goal of Indian self-determination. A TERA 
offers a Tribe an alternative for developing energy-related business 
agreements and awarding leases and granting rights-of-way for energy 
facilities without having to obtain further approval from the 
Secretary.
    This information collection conducted under TERA regulations at 25 
CFR 224 will allow IEED to determine the capacity of Tribes to manage 
the development of energy resources on Tribal lands. Information 
collection:
     Enables IEED to engage in a consultation process with 
Tribes that is designed to foster optimal pre-planning of development 
proposals and speed up the review and approval process for TERA 
agreements;
     Provides wide public notice and opportunity for review of 
TERA agreements by the public, industry, and government agencies;
     Ensures that the public has an avenue for review of the 
performance of Tribes in implementing a TERA;
     Creates a process for preventing damage to sensitive 
resources as well as ensuring that the public has fully communicated 
with the Tribe in the petition process;
     Ensures that a Tribe is fully aware of any attempt by the 
Department of the Interior to resume management authority over energy 
resources on Tribal lands; and
     Ensures that the Tribal government fully endorses any 
relinquishment of a TERA.

II. Request for Comments on Collection of Information

    The Assistant Secretary--Indian Affairs requests your comments on 
this

[[Page 23006]]

collection concerning: (a) The necessity of this information collection 
for the proper performance of the functions of the agency, including 
whether the information will have practical utility; (b) The accuracy 
of the agency's estimate of the burden (hours and cost) of the 
collection of information, including the validity of the methodology 
and assumptions used; (c) Ways we could enhance the quality, utility, 
and clarity of the information to be collected; and (d) Ways we could 
minimize the burden of the collection of the information on the 
respondents.
    Please note that an agency may not conduct or sponsor, and an 
individual need not respond to, a collection of information unless it 
has a valid OMB Control Number.
    It is our policy to make all comments available to the public for 
review at the location listed in the ADDRESSES section. Before 
including your address, phone number, email address or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.

III. Request for Comments on Burden Reduction

    The Assistant Secretary--Indian Affairs also requests your comments 
on ways to revise and reduce the burden of the governing regulations 
for TERAs under 25 CFR 224. Currently, the total annual hour burden for 
this information collection is 10,752 hours with an estimated time per 
response from 32 to 1,080 hours. Please submit comments on the 
following topics to the contact listed in the ADDRESSES section of this 
notice: (1) The aspects of this information collection you identify as 
having the greatest burden, (2) Whether these burdensome aspects are 
the likely reason for an underutilization of TERAs; (3) Whether these 
burdensome aspects are required under statute or regulation, and (4) 
Any opportunities to reduce the burden of information collection, 
including but not limited to opportunities to reduce burdens associated 
with the application process by issuing guidance or instructions for 
prospective applicants.
    Please also specify any language within the regulations that you 
believe should be adjusted in order to reduce the burden associated 
with this information collection. Additionally, if you believe that an 
adjustment to statutory language would reduce the burden associated 
with this information collection, please specifically identify this 
language.

III. Data

    OMB Control Number: 1076-0167.
    Title: Tribal Energy Resource Agreements.
    Brief Description of Collection: Submission of this information is 
required for Indian Tribes to apply for, implement, reassume, or 
rescind a TERA that has been entered into in accordance with the Energy 
Policy Act of 2005 and 25 CFR 224. This collection also requires the 
Tribe to notify the public of certain actions.
    Type of Review: Extension without change of currently approved 
collection.
    Respondents: Federally recognized Indian Tribes.
    Number of Respondents: 14.
    Estimated Time per Response: Ranges from 32 hours to 1,080 hours.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 10,752 hours.
    Obligation to Respond: A response is required to obtain a benefit.
    Estimated Total Non-hour Cost Burden: $48,200.

Elizabeth K. Appel,
Director, Office of Regulatory Affairs and Collaborative Action--Indian 
Affairs.
[FR Doc. 2016-09019 Filed 4-18-16; 8:45 am]
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