Embedded Files
National Pipeline Mapping System Public Viewer
from the US Department of Transportation
Department of Interior's Role
Department of Interior's Role
Native American Ownership and Governance of Natural Resources
"Native American land ownership is complex. It involves a patchwork of titles, restrictions, obligations, statutes, and regulations. Natural resources are extracted on Native American lands. The associated revenue from extraction is then disbursed. This is a unique process and involves many stakeholders."
"Native American natural resource ownership is like Native American land ownership. Natural resources on Native American land can be held in trust for a tribe or individual, or owned by them as part of restricted-fee land. Different laws govern mineral development on trust land. The laws differ based on whether an individual or a tribe holds the beneficial interest. Regardless, a tribe or individual cannot develop their natural resources without the federal government’s approval."
See also the material on land ownership click here
25 U.S. Code § 321 - Rights-of-way for pipe lines
"The Secretary of the Interior is authorized and empowered to grant a right-of-way in the nature of an easement for the construction, operation, and maintenance of pipe lines for the conveyance of oil and gas through any Indian reservation, through any lands held by an Indian tribe or nation in the former Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian Service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation upon the terms and conditions herein expressed. "
Army Corps of Engineers' Role
Army Corps of Engineers' Role
"Corps Regulation of Water Crossings. The Corps has regulatory responsibilities pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344), under which the Corps authorizes activities that may discharge dredge or fill material into waters of the United States, including wetlands. The agency also has regulatory responsibilities pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403), under which the Corps authorizes structures and work in or affecting the course, condition, or capacity of navigable waters. Because most pipelines cross or potentially affect U.S. waters and wetlands somewhere along their routes, pipeline developers routinely are required to obtain Corps authorization for some pipeline segments. The Corps authorizes most pipeline water crossings using a general permit—Nationwide Permit 12—for utility-line activities in waters of the United States. A nationwide permit essentially preauthorizes a group of activities similar in nature that are likely to have a minor effect on waters and wetlands both individually and cumulatively."
EPA's Role
EPA's Role
Oil Spill Programs - Spill Prevention, Control and Countermeasure Plans (SPCC)
"The CWA (Clean Water Act) and the Oil Pollution Act provide federal authority to prevent, respond to and clean up an oil spill or threat of an oil spill. EPA’s Oil Spill Program regulates non-transportation-related facilities storing, producing, using, processing, refining or otherwise managing oil of any kind that could reasonably be expected to discharge into the navigable waters of the United States and adjoining shorelines.
Oil Spill Programs Implementation in Indian country
There is no authority for authorized or approved state or tribal SPCC regulatory programs."
Note: What this means is that EPA does not delegate authority for pipeline spills to either states or tribes and maintains its own authority to regulate
EPA Clean Water in Indian Country
"EPA directly implements the SDWA (Safe Drinking Water Act) in Indian country and currently implements most programs. Tribes are eligible for delegation of certain SDWA programs. Tribes are eligible to receive primary enforcement authority for the drinking water program and eligible for delegation of the Underground Injection Control (UIC) program."
"The CWA (Clean Water Act) is implemented via several regulatory programs. EPA directly implements the CWA in Indian country and currently implements most programs. Tribes are eligible for delegation of certain CWA programs, and many tribes have been approved to implement CWA provisions."
"A tribe may administer a WQS (Water Quality Standards) program if it applies and EPA finds that it qualifies under Section 518(e) of the Clean Water Act to be treated in a manner similar to a state (“TAS”). Currently, 84 tribes have been found eligible to administer a WQS program, and EPA has approved WQS for 50 of these tribes."
Click Here for list of tribes that implement CWA provisions
EPA Compliance & Enforcement in Indian Country
"EPA works closely with federally recognized Indian tribes to ensure compliance at federally regulated facilities in Indian country. Tribes authorized to implement federal enforcement programs must have enforcement authorities that are at least as stringent as federal law. Where tribal implementation authority is lacking or unavailable, EPA directly implements federal environmental programs and ensures compliance with federal environmental laws. In both cases, EPA works with officials in tribal environmental, health and agricultural agencies on strategic planning, priority-setting and measurement of results..."
EPA definition of Indian Country
"The term Indian country is defined in 18 U.S.C. § 1151 and 40 C.F.R. § 171.3 as:
all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;
all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and
all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
Consistent with the statutory definition of Indian country, as well as federal case law interpreting this statutory language, lands held by the federal government in trust for Indian tribes that exist outside of formal reservations are informal reservations and, thus, are Indian country."
The White House
The White House
"...Executive Order 13175 of November 6, 2000 (Consultation and Coordination With Indian Tribal Governments), charges all executive departments and agencies with engaging in regular, meaningful, and robust consultation with Tribal officials in the development of Federal policies that have Tribal implications. Tribal consultation under this order strengthens the Nation-to-Nation relationship between the United States and Tribal Nations. The Presidential Memorandum of November 5, 2009 (Tribal Consultation), requires each agency to prepare and periodically update a detailed plan of action to implement the policies and directives of Executive Order 13175. This memorandum (The Presidential Memorandum of January 26, 2021) reaffirms the policy announced in that memorandum."
"In response (to the Presidential Memorandum of January 26, 2021), all agencies subject to Executive Order 13175 submitted plans of action, including over 50 agencies that submitted a consultation plan of action for the first time. Agencies also conducted more than 90 national-level Tribal consultations, focusing specifically on agency Tribal consultation policies. The purpose of this memorandum (November 30, 2022) is to establish uniform minimum standards to be implemented across all agencies regarding how Tribal consultations are to be conducted. This memorandum is designed to respond to the input received from Tribal Nations regarding Tribal consultation, improve and streamline the consultation process for both Tribes and Federal participants, and ensure more consistency in how agencies initiate, provide notice for, conduct, record, and report on Tribal consultations. "
Executive Order 13175 - Consultation and Coordination With Indian Tribal Governments (November 6, 2000) - President Clinton
Presidential Memorandum on Tribal Consultation (November 5, 2009) - President Obama
Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships (January 26, 2021) - President Biden
Memorandum on Uniform Standards for Tribal Consultation (November 30, 2022) - President Biden
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