Notice of Intent To Establish an Indian Oil Valuation Negotiated Rulemaking Committee, 22970-22972 [E8-9248]

Download as PDF 22970 Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Notices 90069, HUD–90070 HUD–93150, HUD– 93155, HUD–90075. Description of the Need for the Information and Its Proposed Use This information is necessary for HUD to ensure that owners of certain multifamily housing projects comply with use restriction requirements once the mortgage agreement is terminated. The information is also used to monitor owner compliance with the Use Restriction Agreement provisions. This information is also monitored by HUD (via form HUD–90075) to ensure compliance with the executed and recorded Use Agreement. Frequency of Submission: On occasion. Number of respondents Annual responses x Hours per response = Burden hours 23,154 0.117 .... 0.319 .... 870 Reporting Burden ............................................................................. Total Estimated Burden Hours: 870. Status: New Collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: April 22, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8–9235 Filed 4–25–08; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Minerals Management Service Notice of Intent To Establish an Indian Oil Valuation Negotiated Rulemaking Committee Minerals Management Service, Interior. ACTION: Notice of intent to establish an Indian Oil Valuation Negotiated Rulemaking Committee; request for nominees and comments. AGENCY: The Minerals Management Service (MMS) is announcing its intent to establish an Indian Oil Valuation Negotiated Rulemaking Committee (Committee). The Committee will develop specific recommendations regarding proposed revisions to the existing Indian Oil regulations for oil production from Indian leases, especially the major portion valuation requirement. The Committee will include representatives of parties who would be affected by a final rule. The MMS solicits comments on this initiative and requests interested parties to nominate representatives for membership on the Committee. DATES: You must submit written comments and requests for membership on or before May 28, 2008. ADDRESSES: Submit written comments to Hyla Hurst, Regulatory Specialist, Minerals Management Service, Minerals Revenue Management, P.O. Box 25165, MS 302B2, Denver, Colorado 80225. If you use an overnight courier service or pwalker on PROD1PC71 with NOTICES SUMMARY: VerDate Aug<31>2005 18:22 Apr 25, 2008 Jkt 214001 wish to hand-carry your comments, our courier address is Building 85, Room A– 614, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225. You may also e-mail your comments to us at mrm.comments@mms.gov. Include the title of this Federal Register notice in the ‘‘Attention’’ line of your comment. Also include your name and return address. If you do not receive a confirmation that we have received your e-mail, contact Ms. Hurst at (303) 231– 3495. FOR FURTHER INFORMATION CONTACT: John Barder, Indian Oil and Gas Compliance and Asset Management, MMS; telephone (303) 231–3702; fax (303) 231–3755; e-mail to John.Barder@mms.gov. Mailing address: Minerals Management Service, Minerals Revenue Management, Compliance and Asset Management, Indian Oil and Gas Compliance and Asset Management, P.O. Box 25165, MS 396B2, Denver, Colorado 80225–0165. SUPPLEMENTARY INFORMATION: I. Background The existing rule for valuation of oil produced from Indian leases, codified at 30 CFR 206.50, was published on March 1, 1988 (53 FR 1184). Since then, many changes have occurred in the oil market. Also, concerns have arisen about the need for revised valuation methodologies to address paragraph 3(c) of standard Indian oil and gas leases, such as the major portion analysis requirement for valuation of oil production from Indian leases. The MMS published proposed rules for Indian oil valuation in February 1998 (63 FR 7089) and in January 2000 (65 FR 403). Each of these proposed rules was subsequently withdrawn because of market changes and the passage of time. In addition, the MMS held a series of eight public meetings during 2005 to consult with Indian tribes and individual Indian mineral owners and to obtain information from interested parties. Then MMS published a third proposed rule in February 2006 (71 FR 7453). Tribal and industry PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 commenters on the 2006 proposed rule did not agree on most issues regarding oil valuation, and none of the commenters supported the major portion provisions. The Royalty Policy Committee Indian Oil Valuation Subcommittee evaluated the 2006 proposed rule but was unable to reach consensus about how the Department should proceed. Thus, MMS decided to make only technical amendments to the existing Indian oil valuation regulations and to convene a negotiated rulemaking committee to make specific recommendations regarding the major portion provision. On December 17, 2007, MMS published a final rule that addressed the technical amendments (72 FR 71231). II. Statutory Provisions The Negotiated Rulemaking Act of 1996 (NRA) (5 U.S.C. 561 et seq.); the Federal Advisory Committee Act (FACA) (5 U.S.C. Appendix 2, section 1 et. seq.); the Indian Mineral Development Act of 1982 (25 U.S.C. 2101–2108); 30 CFR part 206 (2007), 25 CFR part 225 (2007); and Indian oil and gas lease and agreement terms. III. The Committee and Its Process In a negotiated rulemaking, a proposed rule is developed by a committee composed of representatives of government and the interests that will be significantly affected by the rule. Decisions are made by ‘‘consensus.’’ ‘‘[C]onsensus’’ means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under this subchapter, unless such committee (A) agrees to define such term to mean a general but not unanimous concurrence; or (B) agrees upon another specified definition. 5 U.S.C. 562(2)(A) and (B) The negotiated rulemaking process is initiated by the agency’s identification of interests potentially affected by the rulemaking under consideration. By this notice, MMS is soliciting comments on this action. Following receipt of comments, MMS will establish a negotiated rulemaking E:\FR\FM\28APN1.SGM 28APN1 Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Notices pwalker on PROD1PC71 with NOTICES committee representing the identified interests to negotiate the provisions of a proposed rule. The MMS will be a member of the committee to represent the Federal Government’s statutory mission. The committee will be chaired by a facilitator. After the committee reaches consensus on the provisions of a proposed rule, MMS will develop a proposed rule to be published in the Federal Register. Section 563 of the NRA requires the head of the agency to determine that the use of the negotiated rulemaking procedure is in the public interest. In making such a determination, the agency head must consider certain factors. The MMS has determined a negotiated rulemaking is in the public interest because: 1. A rule is needed. Royalty payors have considerable difficulty in complying with the current regulations. 2. A limited number of identifiable interests will be significantly affected by the rule. Such interests are oil and gas companies who produce oil and pay royalties on Indian leases, and Indian tribes and individual Indian mineral owners who receive royalties from oil produced from Indian leases located on their lands. 3. There is a reasonable likelihood that a committee can be convened with a balanced representation of persons who can adequately represent the interests discussed in paragraph (2), and MMS will be able to determine that the interests are willing to negotiate in good faith to attempt to reach a consensus on provisions of a proposed rule. 4. There is a reasonable likelihood that the committee will reach consensus on a proposed rule within a fixed period of time. 5. The use of negotiated rulemaking will not unreasonably delay the development of a proposed rule if time limits are placed on the negotiation. It is anticipated that negotiation will expedite a proposed rule and ultimately the acceptance of a final rule. 6. The MMS is making a commitment that it will ensure the committee has sufficient resources to complete its work in a timely fashion. 7. The MMS, to the maximum extent possible, consistent with its statutory mission and the legal obligations of the agency, will seek to use the consensus of the committee as the basis for a proposed rule for public notice and comment. IV. Negotiated Rulemaking Procedures In compliance with FACA and NRA, MMS will use the following procedures and guidelines for this negotiated rulemaking. The MMS may modify VerDate Aug<31>2005 18:22 Apr 25, 2008 Jkt 214001 them in response to comments received on this notice or during the negotiation process. A. Committee Formation A committee will be formed and operated in full compliance with the requirements of FACA and NRA and specifically under the guidelines of its charter. B. Interests Involved The MMS intends to ensure full and adequate representation of those interests that are expected to be significantly affected by the proposed rule. Under Section 562(5) of the NRA, ‘‘interest means, with respect to an issue or matter, multiple parties which have a similar point of view or which are likely to be affected in a similar manner.’’ As discussed above, MMS believes the interests significantly affected are oil and gas companies who produce oil and pay royalties on Indian leases, and Indian tribes and individual Indian mineral owners who receive royalties from oil produced from Indian leases located on their lands. C. Members The committee should not exceed 25 members, and MMS prefers 15. The MMS will provide at least two members plus a facilitator. The facilitator will not count against the membership. Section 568(c) of the NRA states: Members of a negotiated rulemaking committee shall be responsible for their own expenses of participation in such committee, except that an agency may, in accordance with section 7(d) of the FACA, pay for a member’s reasonable travel and per diem expenses, expenses to obtain technical assistance, and a reasonable rate of compensation, if (1) Such member certifies a lack of adequate financial resources to participate in the committee; and (2) The agency determines that such member’s participation in the committee is necessary to assure an adequate representation of the member’s interest. Therefore, MMS commits to pay the travel and per diem expenses of committee members if appropriate under the NRA and the Federal travel regulations. D. Request for Nominations The MMS solicits nominations for appointment to membership on the committee. Members can be individuals or representatives of organizations. An organization should identify the individual who will be its representative. Committee members need to have authorization to negotiate on behalf of their interests and be willing to PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 22971 negotiate in good faith. MMS interprets good faith to include: (1) A willingness to bring all issues to the table; and (2) not to discuss the issues in other forums. Good faith also includes a willingness to move away from taking adversarial positions and instead to explore openly all relevant and productive ideas that may emerge from the discussion of the committee. Authorization for each application or nomination must include: 1. The name of the applicant or nominee and a description of the interests such person will represent; 2. A description of the person’s qualifications and expertise regarding those interests; 3. Whether the participant will be seeking agency resources to participate on the committee; and 4. A written commitment of the applicant or nominee to actively participate in good faith in the negotiated rulemaking and keep all issues at the table. E. Tentative Schedule When MMS publishes a notice establishing the committee and appointing its members, it will include a proposed agenda and schedule for completing the work of the committee, including a date for the first meeting. The committee will agree on dates, times, and locations of future meetings. The MMS plans to terminate the committee if it does not reach consensus on the provisions of a proposed rule within 24 months of the first meeting. The committee may end earlier if the committee itself so recommends. V. Request for Nominations and Comments To comply with negotiated rulemaking procedures, MMS invites written comments on this initiative and nominations for the negotiated rulemaking committee. Written comments are specifically requested on the suitability of using the negotiated rulemaking procedure to develop a proposed valuation rule for oil production from Indian leases. Nominations are for all interests that could be affected by an Indian oil valuation rulemaking and must comply with paragraph IV, D, Request for Nominations, of this notice. All written comments and nominations must be sent to an appropriate address as listed in the ADDRESSES section of this notice. Certification For the above reasons, I hereby certify that the Indian Oil Valuation Negotiated Rulemaking Committee is in the public interest. E:\FR\FM\28APN1.SGM 28APN1 22972 Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Notices U.S. 412 & Green Hill Rd., Carrollton, 08000432 Dated: April 16, 2008. C. Stephen Allred, Assistant Secretary for Land and Minerals Management. [FR Doc. E8–9248 Filed 4–25–08; 8:45 am] Calhoun County Hampton Masonic Lodge Building, 115 S. 2nd St., Hampton, 08000433 BILLING CODE 4310–MR–P Columbia County Magnolia Commercial Historic District, Roughly bounded by Madison Ave., Calhoun St., Jackson Ave. & Union St., Magnolia, 08000435 DEPARTMENT OF THE INTERIOR National Park Service National Register of Historic Places; Notification of Pending Nominations and Related Actions Dallas County Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before April 12, 2008. Pursuant to section 60.13 of 36 CFR Part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service to the National Register of Historic Places, National Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St., NW., 8th floor, Washington, DC 20005; or by fax, 202–371–6447. Written or faxed comments should be submitted by May 13, 2008. Hempstead County J. Paul Loether, Chief, National Register of Historic Places/ National Historic Landmarks Program. Chatham County Fordyce Commercial Historic District, Roughly bounded by Oak, 5th & Spring Sts. & AR 274, Fordyce, 08000436 Oakhaven Historic District, 359–383 Oakhaven, Oakhaven, 08000437 Jefferson County Pine Bluff Commercial Historic District, Roughly bounded by U.S. 65B, Walnut St., 01th Ave. & S. Alabama St., Pine Bluff, 08000438 Little River County Bennington County Downtown Bennington Historic District (Boundary Increase), North, Main & Silver Sts., Bennington, 08000454 Bureau of Reclamation GEORGIA Owens, Hubert Bond, House, 215 W. Rutherford St., Athens, 08000442 IOWA King, A.D., House, (Civil Rights Movement in Birmingham, Alabama 1933–1979 MPS) 721 12th St. Ensley, Birmingham, 08000428 Webster County Mobile County Woodbury County Tanner Farmhouse, 6885 Walter Tanner Rd., Wilmer, 08000429. Sioux City Fire Station Number 3, 1211 5th St., Sioux City, 08000444 ARIZONA MASSACHUSETTS Pima County Plymouth County Catalina American Baptist Church, 1900 N. Country Club Rd., Tucson, 08000430 War Memorial Park, River St., West Bridgewater, 08000445 ARKANSAS NEW YORK Benton County Broome County Benton County Poor Farm Cemetery, W. side NE. Young Ave. approx. 200 ft. N. of NE. Carnahan Ct., Bentonville, 08000431 Bevier—Wright House, 776 Chenango St., Port Dickinson, 08000446 Patterson—Hooper Family Cemetery, River Rd., Endwell, 08000447 Wahkonsa Hotel, 927 Central Ave., Fort Dodge, 08000443 Cayuga County Howland, Augustus, House, 1395 Sherwood Rd., Sherwood, 08000448 PO 00000 Frm 00055 [FR Doc. E8–9153 Filed 4–25–08; 8:45 am] Environmental Water Account Bureau of Reclamation, Interior. ACTION: Notice of availability of the Final Supplemental Environmental Impact Statement/Environmental Impact Report to the Final Environmental Impact Statement/ Environmental Impact Report (Final Supplemental EIS/EIR). AGENCY: Jefferson County pwalker on PROD1PC71 with NOTICES VERMONT DEPARTMENT OF THE INTERIOR Clarke County Jkt 214001 Providence County French Worsted Company Mill Historic District, 153 Hamlet Ave., Woonsocket, 08000453 Old Arkansas 2—Mayton Segment, (Arkansas Highway History and Architecture MPS) Co. Rds. 122 & 123, Garland, 08000440 Vines Funeral Home and Ambulance Service, 211 B St. SW., Lafayette, 08000434 19:02 Apr 25, 2008 RHODE ISLAND Miller County Chambers County VerDate Aug<31>2005 Niagara County Chase—Crowley—Keep House, (Stone Buildings of Lockport, New York MPS) 305 High St., Lockport, 08000451 Chase—Hubbard—Williams House, (Stone Buildings of Lockport, New York MPS) 327 High St., Lockport, 08000452 BILLING CODE 4312–51–P ALABAMA Carrollton Road—Carrollton Segment, (Cherokee Trail of Tears MPS) Co. Rd. 917, Terrapin Cr. Rd. & Dunkard Rd. between New York County House at 146 East 38th St., (Murray Hill, New York County, New York MPS) 146 E. 38th St., New York, 08000450 Ashdown Commercial Historic District, Roughly bounded by Keller, E. Main Commerce & N. Constitution Sts., Ashdown, 08000439 Johnson, J. Herbert and Julia, Raised Tybee Cottage, 1306 Jones Ave., Tybee Island, 08000441 Boone County Chemung County Chemung District School No. 10, Old NY 17 at Lowman Rd., Lowman, 08000449 Fmt 4703 Sfmt 4703 SUMMARY: The Bureau of Reclamation (Reclamation) is the National Environmental Policy Act Federal lead agency, and the U.S. Fish and Wildlife Service (Service) and National Marine Fisheries Service (NMFS) are the Federal Cooperating Agencies. The California Department of Water Resources (DWR) is the California Environmental Quality Act State lead agency, and the California Department of Fish and Game (DFG) is the State Responsible and Trustee Agency. Together, these five agencies have prepared a Final Supplemental EIS/EIR for the Environmental Water Account (EWA). The EWA Program provides for fish protection and recovery in the San Francisco Bay/Sacramento-San Joaquin Delta (Delta) while at the same time improving water supply reliability for Central Valley Project (CVP) and State E:\FR\FM\28APN1.SGM 28APN1

Agencies

[Federal Register Volume 73, Number 82 (Monday, April 28, 2008)]
[Notices]
[Pages 22970-22972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9248]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Notice of Intent To Establish an Indian Oil Valuation Negotiated 
Rulemaking Committee

AGENCY: Minerals Management Service, Interior.

ACTION: Notice of intent to establish an Indian Oil Valuation 
Negotiated Rulemaking Committee; request for nominees and comments.

-----------------------------------------------------------------------

SUMMARY: The Minerals Management Service (MMS) is announcing its intent 
to establish an Indian Oil Valuation Negotiated Rulemaking Committee 
(Committee). The Committee will develop specific recommendations 
regarding proposed revisions to the existing Indian Oil regulations for 
oil production from Indian leases, especially the major portion 
valuation requirement. The Committee will include representatives of 
parties who would be affected by a final rule. The MMS solicits 
comments on this initiative and requests interested parties to nominate 
representatives for membership on the Committee.

DATES: You must submit written comments and requests for membership on 
or before May 28, 2008.

ADDRESSES: Submit written comments to Hyla Hurst, Regulatory 
Specialist, Minerals Management Service, Minerals Revenue Management, 
P.O. Box 25165, MS 302B2, Denver, Colorado 80225. If you use an 
overnight courier service or wish to hand-carry your comments, our 
courier address is Building 85, Room A-614, Denver Federal Center, West 
6th Ave. and Kipling Blvd., Denver, Colorado 80225. You may also e-mail 
your comments to us at mrm.comments@mms.gov. Include the title of this 
Federal Register notice in the ``Attention'' line of your comment. Also 
include your name and return address. If you do not receive a 
confirmation that we have received your e-mail, contact Ms. Hurst at 
(303) 231-3495.

FOR FURTHER INFORMATION CONTACT: John Barder, Indian Oil and Gas 
Compliance and Asset Management, MMS; telephone (303) 231-3702; fax 
(303) 231-3755; e-mail to John.Barder@mms.gov. Mailing address: 
Minerals Management Service, Minerals Revenue Management, Compliance 
and Asset Management, Indian Oil and Gas Compliance and Asset 
Management, P.O. Box 25165, MS 396B2, Denver, Colorado 80225-0165.

SUPPLEMENTARY INFORMATION:

I. Background

    The existing rule for valuation of oil produced from Indian leases, 
codified at 30 CFR 206.50, was published on March 1, 1988 (53 FR 1184). 
Since then, many changes have occurred in the oil market. Also, 
concerns have arisen about the need for revised valuation methodologies 
to address paragraph 3(c) of standard Indian oil and gas leases, such 
as the major portion analysis requirement for valuation of oil 
production from Indian leases.
    The MMS published proposed rules for Indian oil valuation in 
February 1998 (63 FR 7089) and in January 2000 (65 FR 403). Each of 
these proposed rules was subsequently withdrawn because of market 
changes and the passage of time. In addition, the MMS held a series of 
eight public meetings during 2005 to consult with Indian tribes and 
individual Indian mineral owners and to obtain information from 
interested parties. Then MMS published a third proposed rule in 
February 2006 (71 FR 7453). Tribal and industry commenters on the 2006 
proposed rule did not agree on most issues regarding oil valuation, and 
none of the commenters supported the major portion provisions.
    The Royalty Policy Committee Indian Oil Valuation Subcommittee 
evaluated the 2006 proposed rule but was unable to reach consensus 
about how the Department should proceed. Thus, MMS decided to make only 
technical amendments to the existing Indian oil valuation regulations 
and to convene a negotiated rulemaking committee to make specific 
recommendations regarding the major portion provision. On December 17, 
2007, MMS published a final rule that addressed the technical 
amendments (72 FR 71231).

II. Statutory Provisions

    The Negotiated Rulemaking Act of 1996 (NRA) (5 U.S.C. 561 et seq.); 
the Federal Advisory Committee Act (FACA) (5 U.S.C. Appendix 2, section 
1 et. seq.); the Indian Mineral Development Act of 1982 (25 U.S.C. 
2101-2108); 30 CFR part 206 (2007), 25 CFR part 225 (2007); and Indian 
oil and gas lease and agreement terms.

III. The Committee and Its Process

    In a negotiated rulemaking, a proposed rule is developed by a 
committee composed of representatives of government and the interests 
that will be significantly affected by the rule. Decisions are made by 
``consensus.''

    ``[C]onsensus'' means unanimous concurrence among the interests 
represented on a negotiated rulemaking committee established under 
this subchapter, unless such committee (A) agrees to define such 
term to mean a general but not unanimous concurrence; or (B) agrees 
upon another specified definition.

5 U.S.C. 562(2)(A) and (B)

    The negotiated rulemaking process is initiated by the agency's 
identification of interests potentially affected by the rulemaking 
under consideration. By this notice, MMS is soliciting comments on this 
action.
    Following receipt of comments, MMS will establish a negotiated 
rulemaking

[[Page 22971]]

committee representing the identified interests to negotiate the 
provisions of a proposed rule. The MMS will be a member of the 
committee to represent the Federal Government's statutory mission. The 
committee will be chaired by a facilitator. After the committee reaches 
consensus on the provisions of a proposed rule, MMS will develop a 
proposed rule to be published in the Federal Register.
    Section 563 of the NRA requires the head of the agency to determine 
that the use of the negotiated rulemaking procedure is in the public 
interest. In making such a determination, the agency head must consider 
certain factors. The MMS has determined a negotiated rulemaking is in 
the public interest because:
    1. A rule is needed. Royalty payors have considerable difficulty in 
complying with the current regulations.
    2. A limited number of identifiable interests will be significantly 
affected by the rule. Such interests are oil and gas companies who 
produce oil and pay royalties on Indian leases, and Indian tribes and 
individual Indian mineral owners who receive royalties from oil 
produced from Indian leases located on their lands.
    3. There is a reasonable likelihood that a committee can be 
convened with a balanced representation of persons who can adequately 
represent the interests discussed in paragraph (2), and MMS will be 
able to determine that the interests are willing to negotiate in good 
faith to attempt to reach a consensus on provisions of a proposed rule.
    4. There is a reasonable likelihood that the committee will reach 
consensus on a proposed rule within a fixed period of time.
    5. The use of negotiated rulemaking will not unreasonably delay the 
development of a proposed rule if time limits are placed on the 
negotiation. It is anticipated that negotiation will expedite a 
proposed rule and ultimately the acceptance of a final rule.
    6. The MMS is making a commitment that it will ensure the committee 
has sufficient resources to complete its work in a timely fashion.
    7. The MMS, to the maximum extent possible, consistent with its 
statutory mission and the legal obligations of the agency, will seek to 
use the consensus of the committee as the basis for a proposed rule for 
public notice and comment.

IV. Negotiated Rulemaking Procedures

    In compliance with FACA and NRA, MMS will use the following 
procedures and guidelines for this negotiated rulemaking. The MMS may 
modify them in response to comments received on this notice or during 
the negotiation process.

A. Committee Formation

    A committee will be formed and operated in full compliance with the 
requirements of FACA and NRA and specifically under the guidelines of 
its charter.

B. Interests Involved

    The MMS intends to ensure full and adequate representation of those 
interests that are expected to be significantly affected by the 
proposed rule. Under Section 562(5) of the NRA, ``interest means, with 
respect to an issue or matter, multiple parties which have a similar 
point of view or which are likely to be affected in a similar manner.'' 
As discussed above, MMS believes the interests significantly affected 
are oil and gas companies who produce oil and pay royalties on Indian 
leases, and Indian tribes and individual Indian mineral owners who 
receive royalties from oil produced from Indian leases located on their 
lands.

C. Members

    The committee should not exceed 25 members, and MMS prefers 15. The 
MMS will provide at least two members plus a facilitator. The 
facilitator will not count against the membership.
    Section 568(c) of the NRA states:

    Members of a negotiated rulemaking committee shall be 
responsible for their own expenses of participation in such 
committee, except that an agency may, in accordance with section 
7(d) of the FACA, pay for a member's reasonable travel and per diem 
expenses, expenses to obtain technical assistance, and a reasonable 
rate of compensation, if
    (1) Such member certifies a lack of adequate financial resources 
to participate in the committee; and
    (2) The agency determines that such member's participation in 
the committee is necessary to assure an adequate representation of 
the member's interest.

    Therefore, MMS commits to pay the travel and per diem expenses of 
committee members if appropriate under the NRA and the Federal travel 
regulations.

D. Request for Nominations

    The MMS solicits nominations for appointment to membership on the 
committee. Members can be individuals or representatives of 
organizations. An organization should identify the individual who will 
be its representative.
    Committee members need to have authorization to negotiate on behalf 
of their interests and be willing to negotiate in good faith. MMS 
interprets good faith to include: (1) A willingness to bring all issues 
to the table; and (2) not to discuss the issues in other forums. Good 
faith also includes a willingness to move away from taking adversarial 
positions and instead to explore openly all relevant and productive 
ideas that may emerge from the discussion of the committee.
    Authorization for each application or nomination must include:
    1. The name of the applicant or nominee and a description of the 
interests such person will represent;
    2. A description of the person's qualifications and expertise 
regarding those interests;
    3. Whether the participant will be seeking agency resources to 
participate on the committee; and
    4. A written commitment of the applicant or nominee to actively 
participate in good faith in the negotiated rulemaking and keep all 
issues at the table.

E. Tentative Schedule

    When MMS publishes a notice establishing the committee and 
appointing its members, it will include a proposed agenda and schedule 
for completing the work of the committee, including a date for the 
first meeting. The committee will agree on dates, times, and locations 
of future meetings. The MMS plans to terminate the committee if it does 
not reach consensus on the provisions of a proposed rule within 24 
months of the first meeting. The committee may end earlier if the 
committee itself so recommends.

V. Request for Nominations and Comments

    To comply with negotiated rulemaking procedures, MMS invites 
written comments on this initiative and nominations for the negotiated 
rulemaking committee. Written comments are specifically requested on 
the suitability of using the negotiated rulemaking procedure to develop 
a proposed valuation rule for oil production from Indian leases. 
Nominations are for all interests that could be affected by an Indian 
oil valuation rulemaking and must comply with paragraph IV, D, Request 
for Nominations, of this notice. All written comments and nominations 
must be sent to an appropriate address as listed in the ADDRESSES 
section of this notice.

Certification

    For the above reasons, I hereby certify that the Indian Oil 
Valuation Negotiated Rulemaking Committee is in the public interest.


[[Page 22972]]


    Dated: April 16, 2008.
C. Stephen Allred,
Assistant Secretary for Land and Minerals Management.
 [FR Doc. E8-9248 Filed 4-25-08; 8:45 am]
BILLING CODE 4310-MR-P