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Appendix A. State of the States and State of the Tribal Lands for Geothermal Resources and Permitting ST A TE OF TRIBAL LANDS Status of Exploration and Development Beyond those included in the aforementioned state profiles, no other geothermal projects have been developed recently on tribal lands, but there is significant potential for such development. For example, the Jemez Pueblo, the Acoma Pueblo lands west of Albuquerque, the Navajo Indian Reservation, the lands of the Jicarilla Apache tribe, and the Zia Pueblo lands have lower temperature geothermal potential. The analysis of geothermal potential relative to tribal lands deserves more attention to determine the extent to which developing these resources might involve or affect tribes. An informal analysis suggests that 57 reservations may have some potential for geothermal electricity production, representing approximately 10 percent of the American Indian population on reservations and Tribal Jurisdictional Statistical Areas (TJSAs, in Oklahoma). Another 72 reservations and TJSAs may have potential for geothermal direct-use applications (Dunley 2007) Statutes, Policies and Analyses The following discussion covers the statutes and policies which may be relevant to geothermal development on tribal lands. These include National Environmental Policy Act, the National Historic Preservation Act, the American Indian Religious Freedom Act, Executive Order 13007 on Indian Sacred Sites, the DOE policy on American Indians, and Environmental Impact Assessment analysis (Dunley 2007). NationalEnvironmentalPolicyAct. TheNationalEnvironmentalPolicyActis an umbrella law that requires environmental reviews of federal actions including Environmental Impact Statements (EISs) and Environmental Assessments (EAs). This review process includes analysis of social impacts of the proposed actions when appropriate and may be utilized to review the social and environmental impacts of federal projects on tribal lands National Historic Preservation Act. The National Historic Preservation Act of 1966, amended in 1992, establishes a federal policy of encouraging preservation of cultural resources for present and future generations. The federal lead agency for a proposed action is responsible for initiating the “Section 106” review process and for consulting with the State Historic Preservation Officer and the Advisory Council on Historic Preservation. For example, in the case of several proposed Medicine Lake geothermal projects, the U.S. Forest Service, as the Surface Managing Agency, initiated the Section 106 review process. The review included such issues as protection of Native American graves, archeological sites and resources, spiritual and vision quest sites, and paleontological resources (Dunley 2007). American Indian Religious Freedom Act. The American Indian Religious Freedom Act of 1978 holds that federal agencies shall protect and preserve the Draft PEIS for Geothermal Leasing in the Western US A-47 May 2008PDF Image | STATE OF THE TRIBAL LANDS FOR GEOTHERMAL RESOURCES
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