[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Proposed Rules]
[Pages 45301-45302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18674]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 226
Establishment of the Osage Negotiated Rulemaking Committee
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
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SUMMARY: On June 18, 2012, the Department published a notice of intent
to establish the 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 at 25 CFR part 226. This
notice establishes the Committee, and announces a public meeting of the
Committee.
DATES: Meeting: Tuesday, August 21, 2012 from 11:00 a.m. to 6:00 p.m.
and Wednesday, August 22, 2012 from 9:00 a.m. to 6:00 p.m. (Central
Time).
ADDRESSES: The meetings will be held at the Osage Mineral Council, 813
Grandview Avenue, Pawhuska, OK 74056.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Impson, Designated Federal
Officer, Bureau of Indian Affairs, Telephone: (918) 781-4600; Fax:
(918) 781-4604, or Email: robert.impson@bia.gov. Include the words
Osage Negotiated Rulemaking in the subject line.
SUPPLEMENTARY INFORMATION: 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. The parties agreed that a review and revision of the
existing regulations is warranted to better assist the Bureau of Indian
Affairs (BIA) in managing the Osage Mineral Estate. The parties agreed
to engage in a negotiated rulemaking for this purpose. Settlement
Agreement, Paragraph 9.b. After the Committee submits its report, BIA
will develop a proposed rule to be published in the Federal Register.
Public Comments: Public comments were submitted nominating members
of the Osage Minerals Council who were not named or were named as
alternates in the June 18, 2012, Federal Register Notice. These
comments generally expressed concern that some elected members of the
Osage Minerals Council were not being allowed to participate on the
Committee. The Department understands that the Osage Minerals Council,
which is the governing body of the Osage Mineral Estate, voted on the
members who would sit on the Committee in order of preference;
therefore, the interests of all Council members will be represented by
the members voted to serve on the Committee by the Osage Minerals
Council. Additionally, alternates will serve on the Committee as an
official member when a Committee member is absent. Nominations were
also received naming individual Osage Headright holders. The Department
believes that as members who vote for the Osage Minerals Council, the
interests of each of these individuals will be adequately represented
by those members voted to serve on the Committee, each of whom is an
elected member of the Osage Minerals Council and empowered to make
decisions regarding the Osage Minerals Estate. Public comments were
also received nominating non-Osage Headright holders due to concerns
that the Osage Minerals Council does not have the best interests of
shareholders in mind. Because all shareholders receive the same benefit
per headright interest, however, the Department believes that the Osage
members of the
[[Page 45302]]
Committee, each of whom are also shareholders, will adequately
represent the interest of all shareholders. It is relevant to note that
all of the individuals who are not appointed to the Committee will have
an opportunity to participate in the negotiated rulemaking by attending
Committee meetings, submitting information and speaking at Committee
meetings during the public comment sessions. Some of the comments
nominating the various individuals also raised issues with the Osage
Constitution and role of the BIA in managing the Osage Mineral Estate.
These issues are not relevant to the nomination and appointment of
members to the Committee. In any event, the Osage Nation operates
pursuant to a duly enacted Constitution dated March 11, 1996.
Additionally, the goal of the negotiated rulemaking is to provide
recommendations to improve BIA's management and administration of the
Osage Mineral Estate.
Certification and Establishment of Committee: Therefore, in
accordance with the provisions of the Federal Advisory Committee Act
(FACA), as amended (5 USC Appendix 2), and with the concurrence of the
General Services Administration, the Department of the Interior is
announcing the establishment of the Osage Negotiated Rulemaking
Committee. The Committee will report to the Secretary of the Interior
through the Designated Federal Officer. The Bureau of Indian Affairs
will provide administrative and logistical support to the Committee.
The members are those individuals identified in the Notice of Intent
published on June 18, 2012.
Public Meeting Information
Meeting Agenda: At the first meeting, the Commission will be
receiving informational briefings, discussing its goals and procedures,
developing a meeting schedule and work plan, and reviewing the existing
regulations and topics required to be included in the negotiated
rulemaking pursuant to the Settlement Agreement. The public will be
able to make comments on Tuesday, August 21 from 3:00 p.m. to 4:30
p.m.; and Wednesday, August 22, 2012, from 1:00 p.m. to 2:30 p.m. The
final agenda will be posted on www.bia.gov/osageregneg prior to the
meeting.
Public Input: Interested members of the public may present, either
orally or through written comments, information for the Committee to
consider during the public meeting. Speakers who wish to expand their
oral statements, or those who had wished to speak, but could not be
accommodated during the public comment period, are encouraged to submit
their comments in written form to the Committee after the meeting.
Individuals or groups requesting to make comments at the public
Committee meeting will be limited to 5 minutes per speaker. Interested
parties should contact Mr. Robert Impson, Designated Federal Officer,
in writing (preferably via email), by August 17, 2012 (See FOR FURTHER
INFORMATION CONTACT), to be placed on the public speaker list for this
meeting.
In order to attend this meeting, you must register by close of
business August 17, 2012. The meeting location is open to the public,
and current, government-issued, photo ID is required to enter. Space is
limited, so all interested in attending should pre-register. Please
submit your name, time of arrival, email address and phone number to
Mr. Robert Impson via email at robert.impson@bia.gov or by phone at
(918) 781-4600.
Certification Statement: I hereby certify that the establishment of
the Osage Negotiated Rulemaking Committee is necessary, is in the
public interest and is established under the authority of the Secretary
of the Interior.
Dated: July 26, 2012.
Ken Salazar,
Secretary, Department of the Interior.
[FR Doc. 2012-18674 Filed 7-30-12; 8:45 am]
BILLING CODE 4310-02-P