[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Proposed Rules]
[Page 76634]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31559]
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DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
30 CFR Chapter XII
[Docket No. ONRR-2011-0007]
Establishment of the Indian Oil Valuation Negotiated Rulemaking
Committee
AGENCY: Office of Natural Resources Revenue, Interior.
ACTION: Notice.
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SUMMARY: On January 31, 2011, the Department published a notice of
intent to establish an Indian Oil Valuation Negotiated Rulemaking
Committee. In that notice, we requested interested parties to nominate
representatives for membership on the Committee and addressed many of
the requirements of Section 564 of the Negotiated Rulemaking Act. On
August 22, 2011, the Department published a second notice of intent to
establish an Indian Oil Valuation Negotiated Rulemaking Committee to
address the remaining requirements of Section 564 of the Negotiated
Rulemaking Act and to inquire if all interests were represented by the
proposed members. This notice establishes the Committee.
FOR FURTHER INFORMATION CONTACT: Mr. Karl Wunderlich, Office of Natural
Resources Revenue (ONRR), Telephone: (303) 231-3663; Fax: (303) 231-
3194, or Email: karl.wunderlich@onrr.gov.
SUPPLEMENTARY INFORMATION: In response to our second notice, we
received three responses recommending three additional members to the
Committee. In response, we have added the following three recommended
members to the Committee: Patrick Flynn, employee of Resolute Energy
Corporation, representative of Industry; Grinnell Day Chief,
representative of the Blackfeet Nation; Alan Taradash, representative
of the Jicarilla Apache Nation.
One additional comment was received in response to the second
notice of intent offering broad objections to the composition of the
Committee. In particular, the commenter felt the Committee did not
represent all significant interests, did not represent global energy
producer interests, included members from the oil industry with
conflicts of interest, and should not have had inclusion from the
Bureau of Indian Affairs (BIA).
While ONRR appreciates and encourages interest in the Indian Oil
Valuation Negotiated Rulemaking Committee, at this time we find it
unnecessary to reconstitute or make significant changes to the
committee. On January 31, 2011, ONRR solicited nominees for membership
to the Committee. On August 22, 2011, ONRR solicited additional
nominees. This provided the commenter two opportunities to nominate a
member that would represent the significant interests he felt were
omitted. ONRR believes it has adequately met the intent of the Federal
Advisory Committee Act (FACA) in soliciting membership and finding
members with an appropriate balance of viewpoints. ONRR also notes that
the Committee is being formed to address valuation of oil production
from domestic Indian oil leases. Global energy interests are most
likely unconcerned with the subject of this Committee and no
nominations were offered to represent these interests. Likewise, the
proposed representatives from industry were nominated by their
constituents and have an undeniable stake in the rulemaking process.
Any perceived conflict of interest on the part of industry's
nominations was not adequately described by the commenter. While the
commenter noted that the oil industry members have conflicts of
interest, this is expected of ``representative'' members of a FACA
committee. These members serve as representatives of outside entities
or groups and their exclusive function is to represent the points of
view of a particular industry or group (e.g. labor, agriculture,
energy, environmental, tribal, or some other recognizable group of
persons). In representing the interests of a specifically identifiable
interest group, the opinions, information, and advice these members
offer will reflect the biases of the particular group that the member
represents on the Committee. ONRR firmly believes that the interests
significantly affected by the rulemaking are represented by the
members.
Finally, the Committee was formed within the terms of the FACA
which provides for government oversight over FACA committees. In the
case of this Committee, ONRR believes that BIA belongs on the
Committee, because BIA issues leases and is the office of record
maintaining surface and mineral ownership records on Indian Trust
lands.
The Committee will meet at least quarterly with the first meeting
planned for February 2012.
Certification Statement: I hereby certify that the Indian Oil
Valuation Negotiated Rulemaking Committee is necessary, is in the
public interest, and is established under the authority of the
Secretary of the Interior.
Dated: December 1, 2011.
Ken Salazar,
Secretary of the Interior.
[FR Doc. 2011-31559 Filed 12-7-11; 8:45 am]
BILLING CODE 4310-T2-P