Tribal Energy Resource Agreements, 25 CFR 224

Forms and Documents

Document Name	Status
1076-0167 - TERA SS_11-26-19.docx Supporting Statement A	2019-11-26
BILLS-115s245enr.pdf Supplementary Document	2019-05-06
25 USC 3504.pdf Supplementary Document	2010-03-05
25 CFR 224.pdf Supplementary Document	2010-03-05

IC Document Collections

IC ID	Document Title	Status
45959	Submit tribal resolution to initiate rescission	Unchanged
45958	Respond to notice of intent to reassume	Unchanged
45955	Respond to interested party petition	Unchanged
45954	Prepare and submit interested party petition	Unchanged
45953	Provide notice to Director of violation or breach; Respond to Director determination on petition or jeopardy to trust asset	Unchanged
45952	Inform public, send copy of agreements, provide documentation	Unchanged
45949	Amend approved TERA; Prepare and submit revised final proposed agreement	Unchanged
45948	Apply to assume management of other energy resources	Unchanged
45947	Prepare and submit final proposed agreement	Unchanged
45946	Respond to request for additional information; Approve changes to final agreement	Unchanged
45945	Prepare and submit application and agreement	Modified

ICR Details

OMB Control No: 1076-0167	ICR Reference No: 201911-1076-001
Status: Active	Previous ICR Reference No: 201905-1076-002
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: Tribal Energy Resource Agreements, 25 CFR 224
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/28/2020
	Date Received in OIRA: 12/06/2019
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2023	36 Months From Approved	01/31/2020
Responses	11	0	11
Time Burden (Hours)	2,960	0	3,968
Cost Burden (Dollars)	18,100	0	18,100

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Abstract: This information collection allows the Department to implement law that authorizes the Secretary to enter into Tribal Energy Resource Agreements (TERAs) with Indian Tribes. See 25 U.S.C. 3501 et. seq. TERA promote Tribal oversight and management of energy and mineral resource development on Tribal lands and further the goal of Indian self-determination. Revisions are being made in association with revisions to the implementing regulations at 25 CFR 224, which incorporate updates made by Congress in December 2018 in the authorizing statute.

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Authorizing Statute(s): PL: Pub.L. 115 - 325 103 Name of Law: Indian Tribal Energy Development and Self Determination Act Amendments of 2017
   US Code: 25 USC 3501 et. seq. Name of Law: Tribal Energy Resource Agreements
  

Citations for New Statutory Requirements: PL: Pub.L. 115 - 325 103 Name of Law: Indian Tribal Energy Development and Self Determination Act Amendments of 2017

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1076-AF47	Final or interim final rulemaking	84 FR 69602	12/18/2019

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 31529	07/02/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 69602	12/18/2019
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 11

IC Title	Form No.	Form Name
Provide notice to Director of violation or breach; Respond to Director determination on petition or jeopardy to trust asset
Prepare and submit interested party petition
Respond to interested party petition
Respond to notice of intent to reassume
Submit tribal resolution to initiate rescission
Respond to request for additional information; Approve changes to final agreement
Prepare and submit application and agreement
Prepare and submit final proposed agreement
Apply to assume management of other energy resources
Amend approved TERA; Prepare and submit revised final proposed agreement
Inform public, send copy of agreements, provide documentation

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	11	11	0	0	0	0
Annual Time Burden (Hours)	2,960	3,968	-1,008	0	0	0
Annual Cost Burden (Dollars)	18,100	18,100	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: IEED deleted several application requirements in § 224.53(a) through (c) and §224.63(a) through (m), and put the burden on IEED in § 224.57 to identify any financial assistance available to assist the Tribe in implementing the TERA. Also, under § 224.64, a Tribe now may submit an amendment, rather than applying for a new TERA. These revisions reduce the hour burden, as a result of a program change made through regulatory updates to implement a new statute..

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Annual Cost to Federal Government: $802,307

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/06/2019

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