[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Proposed Rules]
[Pages 36226-36228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14868]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 226
Notice of Intent To Establish an Osage Negotiated Rulemaking
Committee
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of intent; request for comments or nominations.
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SUMMARY: The Bureau of Indian Affairs (BIA) is announcing its intent to
establish an Osage Negotiated Rulemaking Committee (Committee). The
Committee will develop specific recommendations to address future
management and administration of the Osage Mineral Estate, including
potential revisions to the regulations governing leasing of Osage
Reservation Lands for Oil and Gas Mining, 25 CFR Part 226. The
Committee will include representatives of parties who would be affected
by a final rule. BIA solicits comments on this proposal to establish
the Committee and its proposed membership. BIA also invites anyone who
will be significantly affected by the proposed rule and believes their
interests will not be adequately represented by the proposed members
listed below to nominate a member to the Committee.
DATES: Submit nominations for Committee members or written comments on
this notice on or before July 18, 2012.
ADDRESSES: You may submit nominations to the Committee or comments on
this notice by any of the following methods:
Mail comments or nominations to Mr. Robert Impson,
Designated Federal Officer, Eastern Oklahoma Regional Office, Bureau of
Indian Affairs, 3100 W. Peak Blvd., Muskogee, OK 74401; (918) 781-4600.
Hand-carry comments or use an overnight courier service.
Our courier address is 3100 W. Peak Blvd., Muskogee, OK 74401; (918)
781-4600.
Email comments or nominations to robert.impson@bia.gov.
Include the words Osage Negotiated Rulemaking in the subject line.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Impson, Designated Federal
Officer, Eastern Oklahoma Regional Office, Bureau of Indian Affairs,
3111 W. Peak Blvd., Muskogee, OK 74401; robert.impson@bia.gov; (918)
781-4600; (918) 781-4604 (FAX).
SUPPLEMENTARY INFORMATION:
I. Background
On October 14, 2011, the United States and the Osage Nation
(formerly known as the Osage Tribe) signed a Settlement Agreement to
resolve litigation regarding alleged mismanagement of the Osage
Nation's oil and gas mineral estate, among other claims. As part of the
Settlement Agreement, the parties agreed that it would be mutually
beneficial ``to address means of improving the trust management of the
Osage Mineral Estate, the Osage Tribal Trust Account, and Other Osage
Accounts.'' Settlement Agreement, Paragraph 1.i. During settlement
negotiations, it became apparent that a review of the existing
regulations is necessary to better assist the BIA in managing the Osage
Mineral Estate. The parties agreed to engage in a negotiated rulemaking
for this purpose, Settlement Agreement, Paragraph 9.b.
II. Statutory Authorities
The Negotiated Rulemaking Act of 1996 (NRA) (5 U.S.C. 561 et seq.);
the Federal Advisory Committee Act (FACA) (5 U.S.C. Appendix 2, section
1 et seq.); the Federal Oil and Gas Royalty Management Act of 1982 (30
U.S.C. 1701 et seq.); the Act of June 28, 1906, ch. 3572, 34 Stat. 539,
as amended; and the Leasing of Osage Reservation Lands for Oil and Gas
Mining, 25 CFR part 226.
III. The Committee and Its Process
In a negotiated rulemaking, a report containing recommendations for
the provisions of the proposed rule is developed by a committee
composed of representatives of government and the interests that will
be significantly affected by the rule. Decisions on what
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to include in the report are made by consensus.
``Consensus'' means unanimous concurrence among the interests
represented on a negotiated rulemaking committee established under this
subchapter, unless such committee (A) agrees to define such term to
mean a general but not unanimous concurrence; or (B) agrees upon
another specified definition. 5 U.S.C. 562(2)(A) and (B).
The negotiated rulemaking process is initiated by the agency's
identification of interests potentially affected by the rulemaking
under consideration. By this notice, BIA is soliciting comments on this
action.
Following receipt of comments, BIA will establish the Committee.
The Committee will advise the Secretary through the Bureau of Indian
Affairs (BIA) on a rulemaking to revise 25 CFR part 226 regarding the
future management and administration of oil and gas mining leases for
Osage Reservation lands. The Committee will act solely in an advisory
capacity to BIA. After the Committee produces a consensus report on the
proposed rule, as discussed in more detail below, BIA will develop a
proposed rule to be published in the Federal Register.
Under 5 U.S.C. 563, the head of the agency is required to determine
that use of the negotiated rulemaking procedure is in the public
interest. In making such a determination, the agency head must consider
seven factors. Taking these factors into account, BIA has determined
that a negotiated rulemaking is in the public interest because:
1. A rule is needed. BIA has determined that in order to avoid
future litigation and to better assist it in managing and administering
the Osage Mineral Estate, a rule is necessary.
2. A limited number of identifiable interests will be significantly
affected by the rule. The regulations governing the Osage Mineral
Estate apply only to the Osage Mineral Estate and the Osage Agency, and
do not have broader applicability. For this reason, a limited number of
readily identifiable interests will be significantly affected by the
rule.
3. Due to the limited applicability of the current regulations and
the limited number of interest holders, there is a reasonable
likelihood that BIA can convene a Committee with a balanced
representation of persons who:
Can adequately represent the interests defined in item 2,
above; and
Are willing to negotiate in good faith to attempt to reach
a consensus on provisions of a proposed rule.
4. There is reasonable likelihood that the Committee will reach
consensus on a proposed rule within a fixed period of time. This is due
to the settlement of the litigation and the desire of the Osage Nation
and the Bureau of Indian Affairs to avoid further litigation by
addressing and improving management and administration of the Osage
Mineral Estate as soon as possible.
5. The use of negotiated rulemaking will not unreasonably delay
development of a proposed rule and the issuance of a final rule. We
anticipate that negotiation will expedite a proposed rule and
ultimately the acceptance of a final rule.
6. BIA is committed to ensuring that the Committee has sufficient
resources to complete its work in a timely fashion.
7. BIA, to the maximum extent possible and consistent with its
legal obligations, will use the consensus report of the Committee as
the basis for a proposed rule for public notice and comment.
IV. Negotiated Rulemaking Procedures
In compliance with FACA and NRA, BIA will use the following
procedures and guidelines for this negotiated rulemaking. BIA may
modify them in response to comments received on this notice or during
the negotiation process.
A. Committee Formation
The Committee will be formed and operate in full compliance with
the requirements of FACA and NRA and under the guidelines of the
Committee's charter.
B. Interests Involved
BIA intends to ensure full and adequate representation of those
interests that are expected to be significantly affected by the
proposed rule. Under 5 U.S.C. 562(5), ```interest' means with respect
to an issue or matter, multiple parties which have a similar point of
view or which are likely to be affected in a similar manner.'' The
regulations governing the Osage Mineral Estate apply only to the Osage
Mineral Estate and the Osage Agency. For this reason, BIA believes the
membership described below fully and adequately represents those
interests expected to be significantly affected by the proposed rule.
C. Members
The Committee cannot exceed 25 members, and BIA prefers nine
members. The Secretary of the Interior (Secretary) will provide four
members (two from BIA, one from the Bureau of Land Management, and one
from the Office of Natural Resources Revenue), plus a facilitator. Five
members have been chosen by the Osage Minerals Council. The facilitator
will not count against the membership and will not be a voting member.
Osage Representatives
Galen Crum
Joseph Abbott, Jr.
James Andrew Yates
Melvin Core
Curtis Oren Bear
Alternate Osage Representatives
Dudley Whitehorn
Myron Red Eagle
Federal Representatives
Daryl LaCounte, Bureau of Indian Affairs
Stephen Manydeeds, Office of the Assistant Secretary--Indian Affairs
Paul Tyler, Office of Natural Resources Revenue
James Stockbridge, Bureau of Land Management
Responsibility for expenses is stated under 5 U.S.C. 568(c) as
follows:
Members of a negotiated rulemaking committee shall be
responsible for their own expenses of participation in such
committee, except that an agency may, in accordance with section
7(d) of the Federal Advisory Committee Act, pay for a member's
reasonable travel and per diem expenses, expenses to obtain
technical assistance, and a reasonable rate of compensation, if--
(1) Such member certifies a lack of adequate financial resources
to participate in the committee; and
(2) The agency determines that such member's participation in
the committee is necessary to assure an adequate representation of
the member's interest.
BIA commits to pay the travel and per diem expenses of Committee
members if appropriate under the NRA and Federal Travel Regulations.
D. Tentative Schedule
BIA will publish the first meeting date in a Federal Register
notice. The Committee will determine the dates of future meetings,
notice of which will then be published in the Federal Register. At the
first meeting, the Committee will formulate ground rules for developing
consensus and establish whether there are any issues in addition to
those identified by the Osage Nation and BIA to be addressed as part of
the negotiated rulemaking. After the Committee reaches consensus on its
report, BIA will develop a proposed rule to be published in the Federal
Register.
BIA plans to publish a proposed rule for notice and comment within
30 months of convening the Committee. The Committee will meet bi-
monthly with the first meeting tentatively planned for August 2012.
BIA plans to terminate the Committee if it does not reach consensus
on a
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report within 24 months of the first meeting. The Committee may end
earlier upon the promulgation of the final rule, or if either BIA,
after consulting with the Committee, or the Committee itself, specifies
an earlier termination date.
E. Technical Assistance
BIA will ensure that the Committee has sufficient administrative
and technical resources to complete its work in a timely fashion. BIA,
with the help of a facilitator, will prepare all agendas, provide
meeting notes, and provide a final report of any issues on which the
Committee reaches consensus. BIA will also obtain space for all
meetings.
V. Request for Nominations and Comments
BIA invites written comments on this initiative. Additionally,
anyone who will be significantly affected by the proposed rule and who
believes their interests will not be adequately represented by the
members proposed above is invited to apply for or nominate a Committee
member as follows. Each nomination or application must include:
(1) The name of the applicant or nominee and a description of the
interests such person shall represent;
(2) Evidence that the applicant or nominee is authorized to
represent parties related to the interests the person proposes to
represent.
(3) A written commitment that the applicant or nominee will
actively participate in good faith in the Committee's work; and
(4) The reasons that the persons nominated in this notice above do
not adequately represent the interests of the person submitting the
application or nomination.
All nominations and written comments must be sent to an appropriate
address as listed in the ADDRESSES section of this notice.
Certification
For the above reasons, I hereby certify that the Osage Negotiated
Rulemaking Committee is in the public interest.
Date June 13, 2012.
Michael Black,
Director, Bureau of Indian Affairs.
[FR Doc. 2012-14868 Filed 6-15-12; 8:45 am]
BILLING CODE 4310-02-P