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Appendix A. State of the States and State of the Tribal Lands for Geothermal Resources and Permitting minerals). Tribes are not subject to state regulation and can negotiate with state and local governmental agencies. Permitting on tribal land can take different paths, depending on the tribal authority provided by treaty or prescribed by constitutions developed under the Indian Reorganization Act of 1934, Powers specified by Congress and the inherent tribal authority the tribe asserts as a Sovereign Nation (Battocletti 2005). The Following are General tenets of law in Indian Country: x Federal agencies, such as the EPA, work directly with tribes on a “government to government” basis, Indian Country lands cannot be leased under the Geothermal Steam Act. They can be leased under agreements with the tribe itself or with the Indian Enterprise Corporations formed by the tribe, both with limitations on the rights granted. Often the tribes do not have commercial codes in place and cannot be sued without their permission (Battocletti 2005). x Lands are generally (but not always) held in trust by the US and administered by the Bureau of Indian Affairs, which is generally the SMA in Indian Country when there is a third party lease or mineral management agreement (Battocletti 2005). x Tribes can undertake exploration on their own, without BIA oversight. Even if there is no lease, there will be times in a tribally- initiated project that will require working with BIA (Battocletti 2005). x Tribes can write their own regulations or adopt the regulations of other federal, state or local agencies. They may voluntarily relinquish sovereignty for a limited time and defined purpose to take advantage of another state, federal or local agency’s rules and oversight (Battocletti 2005). x Tribes with appropriate regulations in place can apply for primacy over the Clean Air, Safe Drinking Water, and Clean Water Acts (Battocletti 2005). x Projects with impacts outside of Indian Country may be subject to local and state permitting regulation (Battocletti 2005). x Where no tribal ordinances applicable to a proposed action exist, an express federal statute allocating governmental authority over specific activities may control. Inherent tribal authority may also be preempted by a comprehensive federal regulatory scheme (Battocletti 2005). Draft PEIS for Geothermal Leasing in the Western US A-49 May 2008PDF Image | STATE OF THE TRIBAL LANDS FOR GEOTHERMAL RESOURCES
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