| Federal delays hampering energy development on US 
    Indian lands 
 Washington (Platts)--1May2008
 
 US Indian tribes want to develop oil, gas and other natural resources on
 their lands, but federal agency delays are impeding the process, tribal
 leaders said Thursday.
 
 Administrative and bureaucratic delays have "stymied oil and gas
 development" and held up air permits for power plants, tribal leaders told
 members of the Senate Committee on Indian Affairs. This has made it harder 
    for
 the tribes to be taken seriously as good business partners, they said.
 
 Tribal leaders said they believed that Title V of the Energy Policy Act
 of 2005 would aid them in developing natural resources on their 
    reservations.
 
 Title V allows tribes, through an approved Tribal Energy Resource
 Agreement, to review and approve leases, business agreements and 
    rights-of-way
 for specific energy development activities on their lands. Prior to this,
 tribes first had to seek approval from the Bureau of Indian Affairs.
 
 But according to tribal leaders at Thursday's hearing, the BIA, which
 still has to approve some steps of the process, and other federal agencies 
    are
 dragging their feet. Staff cuts at the BIA have caused part of the problem,
 tribal leaders said.
 
 "Our success or failure in developing our energy resources lies almost
 completely in the hands of the Bureau of Indian Affairs," said Marcus Wells,
 chairman of the Three Affiliated Tribes of the Fort Berthold Indian
 Reservation.
 
 The Fort Berthold Indian Reservation in North Dakota lies within the
 Bakken Formation, an area that contains 3.65 billion barrels of oil; 1.85 
    Tcf
 of associated/natural gas; and 148 million barrels of natural gas liquids,
 according to US Geological Survey estimates.
 
 Robert Middleton, director of the Office of Indian Energy and Economic
 Development at the Department of Interior, which includes the BIA, told the
 hearing that federal agencies are "open to be as flexible as we can to turn
 over management to the tribes." However, Interior needs to retain some 
    aspects
 of the decision making process, he said.
 
 Committee Chair Byron Dorgan, Democrat-North Dakota, said that the roles
 of federal agencies in developing energy-related natural resources on tribal
 lands need to be clarified.
 
 Dorgan said he wants to have discussions with the tribes and his staff to
 see what more can be done to alleviate the problems discussed at the 
    hearing.
 
 "The BIA does not have a great reputation for success," Dorgan said. "I
 want to have our staff work closely with you because we need to fix the
 problem."
 
 --Regina Johnson, 
    regina_johnson@platts.com
   |