81_FR_49399 81 FR 49255 - Renewal of Agency Information Collection for Tribal Energy Resource Agreements

81 FR 49255 - Renewal of Agency Information Collection for Tribal Energy Resource Agreements

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 144 (July 27, 2016)

Page Range49255-49256
FR Document2016-17779

In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA) has submitted to the Office of Management and Budget (OMB) a request for renewal of the collection of information for Tribal Energy Resource Agreements, authorized by OMB Control Number 1076-0167. This information collection expires July 31, 2016.

Federal Register, Volume 81 Issue 144 (Wednesday, July 27, 2016)
[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49255-49256]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17779]


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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 submission to OMB.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the 
Bureau of Indian Affairs (BIA) has submitted to the Office of 
Management and Budget (OMB) a request for renewal of the collection of 
information for Tribal Energy Resource Agreements, authorized by OMB 
Control Number 1076-0167. This information collection expires July 31, 
2016.

DATES: Interested persons are invited to submit comments on or before 
August 26, 2016.

ADDRESSES: Please submit your comments to the Desk Officer for the 
Department of the Interior at the Office of Management and Budget, by 
facsimile to (202) 395-5806 or you may send an email to: 
[email protected]. Also please send a copy of your comments 
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; email: [email protected]. You may review the information 
collection request online at http://www.reginfo.gov. Follow the 
instructions to review Department of the Interior collections under 
review by OMB.

SUPPLEMENTARY INFORMATION: 

I. Abstract

    To assist Indian Tribes in the development of energy resources and 
further the goal of Indian self-determination, the Secretary of the 
Interior (Secretary) shall establish and implement an Indian energy 
resource development program to assist consenting Indian Tribes and 
Tribal energy resource development organizations in achieving the 
purpose, as authorized by 25 U.S.C. 3501 et. seq. The statute 
authorizes the Secretary 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 the Office of

[[Page 49256]]

Indian Energy and Economic Development (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.
    The data will be maintained by BIA's IEED Office. The burden hours 
for this continued collection of information are reflected in the 
Estimated Total Annual Hour Burden in this notice.

II. Request for Comments on Collection of Information

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

IV. Data

    OMB Control Number: 1076-0167.
    Title: Tribal Energy Resource Agreements, 25 CFR 224.
    Brief Description of Collection: Submission of this information is 
required for Federally Recognized Indian Tribes to apply for, 
implement, reassume, or rescind a TERA that has been entered into in 
accordance with 25 U.S.C. 3501 et. seq., and 25 CFR 224. This 
collection also requires the Tribe to notify the public of certain 
actions and allows a petition from the public to be submitted to the 
Secretary of the Interior to inform of possible noncompliance with a 
TERA.
    Type of Review: Extension without change of a currently approved 
collection.
    Respondents: Federally recognized Indian Tribes and the public.
    Number of Respondents: 14.
    Number of Responses: 34.
    Frequency of Response: On occasion.
    Obligation to Respond: Responses are required to obtain or maintain 
a benefit.
    Estimated Time per Response: Varies from 32 hours to 1,080 hours.
    Estimated Total Annual Hour Burden: 10,752 hours.
    Estimated Total Annual Non-Hour Dollar Cost: $48,200.

Elizabeth K. Appel,
Director, Office of Regulatory Affairs and Collaborative Action--Indian 
Affairs.
[FR Doc. 2016-17779 Filed 7-26-16; 8:45 am]
BILLING CODE 4337-15-P



                                                                             Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices                                           49255

                                                related to taxonomy (Bin 3) or waiting                   governments, individuals, businesses, or              SUMMARY:   In compliance with the
                                                for additional information regarding                     organizations. We may not conduct or                  Paperwork Reduction Act of 1995, the
                                                implementation of conservation efforts                   sponsor and you are not required to                   Bureau of Indian Affairs (BIA) has
                                                (Bin 4) is part of this methodology.                     respond to a collection of information                submitted to the Office of Management
                                                However, we do not view these two                        unless it displays a currently valid OMB              and Budget (OMB) a request for renewal
                                                instances as collection of new                           control number.                                       of the collection of information for
                                                information that will inform placement                                                                         Tribal Energy Resource Agreements,
                                                                                                         Government-to-Government                              authorized by OMB Control Number
                                                in bins.
                                                   Comment (28): One commenter                           Relationship With Tribes                              1076–0167. This information collection
                                                recommended adding a Bin 6 for those                        In accordance with the President’s                 expires July 31, 2016.
                                                species where strong evidence indicates                  memorandum of April 29, 1994,                         DATES: Interested persons are invited to
                                                listing is not warranted.                                ‘‘Government-to-Government Relations                  submit comments on or before August
                                                   Our Response: We believe that the                     with Native American Tribal                           26, 2016.
                                                commenter’s concern is addressed by                      Governments’’ (59 FR 22951), Executive                ADDRESSES: Please submit your
                                                Bin 2, which includes those species for                  Order 13175 ‘‘Consultation and                        comments to the Desk Officer for the
                                                which we have strong information                         Coordination with Indian Tribal                       Department of the Interior at the Office
                                                indicating that listing is likely not                    Governments,’’ the Department of the                  of Management and Budget, by facsimile
                                                warranted.                                               Interior Manual at 512 DM 2, and the                  to (202) 395–5806 or you may send an
                                                Determinations Under Other                               Department of Commerce American                       email to: OIRA_Submission@
                                                Authorities                                              Indian and Alaska Native Policy (March                omb.eop.gov. Also please send a copy of
                                                                                                         30, 1995), we have considered possible                your comments to Ms. Elizabeth K.
                                                   As mentioned above, we intend to use                  effects on federally recognized Indian                Appel, Director, Office of Regulatory
                                                this methodology to prioritize work on                   tribes and have determined that there                 Affairs & Collaborative Action, Office of
                                                status reviews and accompanying 12-                      are no potential adverse effects of                   the Assistant Secretary—Indian Affairs,
                                                month findings and to assist with                        issuing this final methodology. Our                   U.S. Department of the Interior,
                                                prioritizing actions. Below we make                      intent with this final methodology is to              telephone: (202) 273–4680; email:
                                                determinations provided for under                        provide transparency to Tribes and                    elizabeth.appel@bia.gov.
                                                several Executive Orders and statutes                    other stakeholders in the prioritization              FOR FURTHER INFORMATION CONTACT: Ms.
                                                that may apply where a Federal action                    of our future workload. We will work                  Elizabeth K. Appel, (202) 273–4680;
                                                is not a binding rule or regulation.                     with Tribes as we implement this final                email: elizabeth.appel@bia.gov. You
                                                National Environmental Policy Act                        methodology and obtain the information                may review the information collection
                                                (NEPA)                                                   necessary to bin specific actions                     request online at http://
                                                                                                         accurately.                                           www.reginfo.gov. Follow the
                                                   We have analyzed this final
                                                methodology in accordance with the                       Authors                                               instructions to review Department of the
                                                criteria of the National Environmental                                                                         Interior collections under review by
                                                                                                           The primary authors of this final                   OMB.
                                                Policy Act (NEPA; 42 U.S.C. 4321 et                      methodology are the staff members of
                                                seq.), the Department of the Interior                    the Division of Conservation and                      SUPPLEMENTARY INFORMATION:
                                                regulations on Implementation of the                     Classification, U.S. Fish and Wildlife                I. Abstract
                                                National Environmental Policy Act (43                    Service, 5275 Leesburg Pike, Falls
                                                CFR 46.10–46.450), and the Department                                                                             To assist Indian Tribes in the
                                                                                                         Church, VA 22041.
                                                of the Interior Manual (516 DM 1–4 and                                                                         development of energy resources and
                                                8).                                                      Authority                                             further the goal of Indian self-
                                                   We have determined that this                            The authority for this action is the                determination, the Secretary of the
                                                methodology is categorically excluded                    Endangered Species Act of 1973, as                    Interior (Secretary) shall establish and
                                                from NEPA documentation                                  amended (16 U.S.C. 1531 et seq.).                     implement an Indian energy resource
                                                requirements consistent with 40 CFR                                                                            development program to assist
                                                1508.4 and 43 CFR 46.210(i). This                          Dated: July 19, 2016.                               consenting Indian Tribes and Tribal
                                                categorical exclusion applies to policies,               Stephen Guertin,                                      energy resource development
                                                directives, regulations, and guidelines                  Acting Director, U.S. Fish and Wildlife               organizations in achieving the purpose,
                                                that are ‘‘of an administrative, financial,              Service.                                              as authorized by 25 U.S.C. 3501 et. seq.
                                                legal, technical, or procedural nature.’’                [FR Doc. 2016–17818 Filed 7–26–16; 8:45 am]           The statute authorizes the Secretary to
                                                This action does not trigger an                          BILLING CODE 4333–15–P                                approve individual Tribal Energy
                                                extraordinary circumstance, as outlined                                                                        Resource Agreements (TERAs). The
                                                at 43 CFR 46.215, applicable to the                                                                            intent of these agreements is to promote
                                                categorical exclusion. Therefore, this                   DEPARTMENT OF THE INTERIOR                            Tribal oversight and management of
                                                methodology does not constitute a major                                                                        energy and mineral resource
                                                Federal action significantly affecting the               Bureau of Indian Affairs                              development on Tribal lands and
                                                quality of the human environment.                                                                              further the goal of Indian self-
                                                                                                         [167 A2100DD/AAKC001030/                              determination. A TERA offers a Tribe an
                                                Paperwork Reduction Act of 1995                          A0A501010.999900]                                     alternative for developing energy-related
                                                  This final methodology does not
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                                                                                                                                                               business agreements and awarding
                                                contain any collections of information                   Renewal of Agency Information                         leases and granting rights-of-way for
                                                that require approval by the Office of                   Collection for Tribal Energy Resource                 energy facilities without having to
                                                Management and Budget (OMB) under                        Agreements                                            obtain further approval from the
                                                the Paperwork Reduction Act (44 U.S.C.                   AGENCY:   Bureau of Indian Affairs,                   Secretary.
                                                3501 et seq.). This final methodology                    Interior.                                                This information collection
                                                will not impose recordkeeping or                                                                               conducted under TERA regulations at
                                                                                                         ACTION: Notice of submission to OMB.
                                                reporting requirements on State or local                                                                       25 CFR 224, will allow the Office of


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                                                49256                        Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices

                                                Indian Energy and Economic                               personal identifying information—may                     Number of Responses: 34.
                                                Development (IEED) to determine the                      be made publicly available at any time.                  Frequency of Response: On occasion.
                                                capacity of Tribes to manage the                         While you can ask us in your comment                     Obligation to Respond: Responses are
                                                development of energy resources on                       to withhold your personal identifying                 required to obtain or maintain a benefit.
                                                Tribal lands. Information collection:                    information from public review, we                       Estimated Time per Response: Varies
                                                  • Enables IEED to engage in a                          cannot guarantee that we will be able to              from 32 hours to 1,080 hours.
                                                consultation process with Tribes that is                 do so.                                                   Estimated Total Annual Hour Burden:
                                                designed to foster optimal pre-planning                                                                        10,752 hours.
                                                of development proposals and speed-up                    III. Request for Comments on Burden                      Estimated Total Annual Non-Hour
                                                the review and approval process for                      Reduction                                             Dollar Cost: $48,200.
                                                TERA agreements;                                            The Assistant Secretary—Indian                     Elizabeth K. Appel,
                                                  • Provides wide public notice and                      Affairs also requests your comments on
                                                                                                                                                               Director, Office of Regulatory Affairs and
                                                opportunity for review of TERA                           ways to revise and reduce the burden of               Collaborative Action—Indian Affairs.
                                                agreements by the public, industry, and                  the governing regulations for TERAs
                                                                                                                                                               [FR Doc. 2016–17779 Filed 7–26–16; 8:45 am]
                                                government agencies;                                     under 25 CFR 224. Currently, the total
                                                  • Ensures that the public has an                       annual hour burden for this information               BILLING CODE 4337–15–P

                                                avenue for review of the performance of                  collection is 10,752 hours with an
                                                Tribes in implementing a TERA;                           estimated time per response from 32 to                DEPARTMENT OF THE INTERIOR
                                                  • Creates a process for preventing                     1,080 hours. Please submit comments
                                                damage to sensitive resources as well as                 on the following topics to the contact                Bureau of Land Management
                                                ensuring that the public has fully                       listed in the ADDRESSES section of this
                                                communicated with the Tribe in the                       notice: (1) The aspects of this                       [LLNVS00560 L58530000 EU0000 241A;14–
                                                petition process;                                                                                              08807; MO#4500092822; TAS: 16X]
                                                                                                         information collection you identify as
                                                  • Ensures that a Tribe is fully aware                  having the greatest burden, (2) Whether               Notice of Realty Action: Competitive
                                                of any attempt by the Department of the                  these burdensome aspects are the likely               Sale of 16 Parcels of Public Land in
                                                Interior to resume management                            reason for an underutilization of TERAs;              Clark County, NV
                                                authority over energy resources on                       (3) Whether these burdensome aspects
                                                Tribal lands; and                                        are required under statute or regulation,             AGENCY:   Bureau of Land Management,
                                                  • Ensures that the Tribal government                   and (4) Any opportunities to reduce the               Interior.
                                                fully endorses any relinquishment of a                   burden of information collection,                     ACTION: Notice.
                                                TERA.                                                    including but not limited to
                                                  The data will be maintained by BIA’s                   opportunities to reduce burdens                       SUMMARY:   The Bureau of Land
                                                IEED Office. The burden hours for this                   associated with the application process               Management (BLM) proposes to offer 16
                                                continued collection of information are                  by issuing guidance or instructions for               parcels of public land totaling 182.93
                                                reflected in the Estimated Total Annual                  prospective applicants.                               acres in the Las Vegas Valley by
                                                Hour Burden in this notice.                                 Please also specify any language                   competitive sale, at not less than the
                                                                                                         within the regulations that you believe               appraised fair market values (FMV). The
                                                II. Request for Comments on Collection
                                                                                                         should be adjusted in order to reduce                 BLM is proposing to offer the parcels for
                                                of Information
                                                                                                         the burden associated with this                       sale pursuant to the Southern Nevada
                                                   The Assistant Secretary—Indian                        information collection. Additionally, if              Public Land Management Act of 1998
                                                Affairs requests your comments on this                   you believe that an adjustment to                     (SNPLMA), as amended. The sale will
                                                collection concerning: (a) The necessity                 statutory language would reduce the                   be subject to the applicable provisions
                                                of this information collection for the                   burden associated with this information               of section 203 of the Federal Land
                                                proper performance of the functions of                   collection, please specifically identify              Policy and Management Act of 1976
                                                the agency, including whether the                        this language.                                        (FLPMA) and BLM land sale
                                                information will have practical utility;                                                                       regulations.
                                                (b) The accuracy of the agency’s                         IV. Data
                                                estimate of the burden (hours and cost)                                                                        DATES:  Interested parties may submit
                                                                                                            OMB Control Number: 1076–0167.                     written comments regarding the sale
                                                of the collection of information,                           Title: Tribal Energy Resource
                                                including the validity of the                                                                                  until September 12, 2016. The sale by
                                                                                                         Agreements, 25 CFR 224.                               sealed bid and oral public auction will
                                                methodology and assumptions used; (c)                       Brief Description of Collection:
                                                Ways we could enhance the quality,                                                                             occur on November 30, 2016, at Clark
                                                                                                         Submission of this information is
                                                utility, and clarity of the information to                                                                     County Government Center, Clark
                                                                                                         required for Federally Recognized
                                                be collected; and (d) Ways we could                                                                            County Commission Chambers, 500
                                                                                                         Indian Tribes to apply for, implement,
                                                minimize the burden of the collection of                                                                       South Grand Central Parkway, Las
                                                                                                         reassume, or rescind a TERA that has
                                                the information on the respondents.                                                                            Vegas, Nevada, 89155 at 10 a.m., Pacific
                                                                                                         been entered into in accordance with 25
                                                   Please note that an agency may not                                                                          Time. The FMV for the parcels will be
                                                                                                         U.S.C. 3501 et. seq., and 25 CFR 224.
                                                conduct or sponsor and an individual                                                                           available 30 days prior to the sale. The
                                                                                                         This collection also requires the Tribe to
                                                need not respond to, a collection of                                                                           BLM will start accepting sealed bids
                                                                                                         notify the public of certain actions and
                                                information unless it displays a valid                                                                         beginning November 16, 2016. Sealed
                                                                                                         allows a petition from the public to be
                                                OMB Control Number.                                                                                            bids must be received by the BLM, Las
                                                                                                         submitted to the Secretary of the Interior
                                                   It is our policy to make all comments                                                                       Vegas Field Office (LVFO) no later than
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                                                                                                         to inform of possible noncompliance
                                                available to the public for review at the                                                                      4:30 p.m. Pacific Time on November 25,
                                                                                                         with a TERA.
                                                location listed in the ADDRESSES section.                   Type of Review: Extension without                  2016.
                                                Before including your address, phone                                                                             The BLM will open sealed bids on the
                                                                                                         change of a currently approved
                                                number, email address or other personal                                                                        day of the sale just prior to the oral
                                                                                                         collection.
                                                identifying information in your                             Respondents: Federally recognized                  bidding.
                                                comment, you should be aware that                        Indian Tribes and the public.                         ADDRESSES:  Mail written comments and
                                                your entire comment—including your                          Number of Respondents: 14.                         submit sealed bids to the BLM LVFO,


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Document Created: 2018-02-08 08:02:44
Document Modified: 2018-02-08 08:02:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of submission to OMB.
DatesInterested persons are invited to submit comments on or before August 26, 2016.
ContactMs. Elizabeth K. Appel, (202) 273- 4680; email: [email protected] You may review the information collection request online at http://www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB.
FR Citation81 FR 49255 

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