Arizona Revised Statutes Title 27 2013: Minerals, Oil and Gas

Oil & Gas Development
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While this sounds benevolent, some argue that this need was already fulfilled by legislation in and ; in fact, this is one of the reasons the Bush administration opposed a similar bill in In , the legislation that transferred this vast area from the U. In , the Obama administration completed the first comprehensive management plan for the NPR-A, which allowed for oil development while expanding science-based protections for In July , however, the EPA fully revoked its previously proposed withdrawal, essentially greenlighting the mine to go forward with permitting and transferring oversight to EPA headquarters in Washington, D.

Dunleavy, but many reports say the decision was made just days after their meeting. There are currently 17 similar land withdrawals across the state that cover roughly 50 million acres in total. Izembek National Wildlife Refuge is a , acre wilderness area in the southern Aleutian Islands that is ecologically rich and home to a diverse array of wildlife, such as salmon, caribou, bears, and birds.

Now, the Trump administration has joined in this effort. The BLM is in the process of creating a new land use plan for a The Secretary shall approve such tribal regulations if such regulations are consistent with the regulations of the Secretary under subsection a , and any amendments thereto, and provide for an environmental review process.

The Secretary shall review and approve or disapprove the regulations of the Navajo Nation within days of the submission of such regulations to the Secretary. Any disapproval of such regulations by the Secretary shall be accompanied by written documentation that sets forth the basis for the disapproval. Such day period may be extended by the Secretary after consultation with the Navajo Nation.

B in the case of regulations or a lease that permits payment to be made directly to the Navajo Nation, documentation of the lease payments sufficient to enable the Secretary to discharge the trust responsibility of the United States under paragraph 5. Nothing in this paragraph shall be construed to diminish the authority of the Secretary to take appropriate actions, including the cancellation of a lease, in furtherance of the trust obligation of the United States to the Navajo Nation.

If upon such review the Secretary determines that the regulations were violated, the Secretary may take such action as may be necessary to remedy the violation, including rescinding the approval of the tribal regulations and reassuming responsibility for the approval of leases for Navajo Nation tribal trust lands. B If the Secretary seeks to remedy a violation described in subparagraph A , the Secretary shall—. Any contract, including a lease or construction contract, affecting land within the Gila River Indian Community Reservation may contain a provision for the binding arbitration of disputes arising out of such contract.

Such contracts shall be considered within the meaning of "commerce" as defined and subject to the provisions of section 1 of title 9. Any refusal to submit to arbitration pursuant to a binding agreement for arbitration or the exercise of any right conferred by title 9 to abide by the outcome of arbitration pursuant to the provisions of chapter 1 of title 9 , sections 1 through 14, shall be deemed to be a civil action arising under the Constitution, laws or treaties of the United States within the meaning of section of title Notwithstanding subsection a and any regulations under part of title 25, Code of Federal Regulations or any successor regulation , subject to paragraph 2 , the Assiniboine and Sioux Tribes of the Fort Peck Reservation may lease to the Northern Border Pipeline Company tribally-owned land on the Fort Peck Indian Reservation for 1 or more interstate gas pipelines.

A shall commence during fiscal year for an initial term of 25 years;.

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C shall specify in the terms of the lease an annual rental rate—. At the discretion of any Indian tribe, any lease by the Indian tribe for the purposes authorized under subsection a including any amendments to subsection a , except a lease for the exploration, development, or extraction of any mineral resources, shall not require the approval of the Secretary, if the lease is executed under the tribal regulations approved by the Secretary under this subsection and the term of the lease does not exceed—.

A in the case of a business or agricultural lease, 25 years, except that any such lease may include an option to renew for up to 2 additional terms, each of which may not exceed 25 years; and.

B in the case of a lease for public, religious, educational, recreational, or residential purposes, 75 years, if such a term is provided for by the regulations issued by the Indian tribe. Paragraph 1 shall not apply to any lease of individually owned Indian allotted land. The Secretary shall have the authority to approve or disapprove any tribal regulations issued in accordance with paragraph 1.

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The Secretary shall approve any tribal regulation issued in accordance with paragraph 1 , if the tribal regulations—. I the identification and evaluation of any significant effects of the proposed action on the environment; and. The Secretary may provide technical assistance, upon request of the Indian tribe, for development of a regulatory environmental review process under subparagraph B ii.

The technical assistance to be provided by the Secretary pursuant to subparagraph C may be made available through contracts, grants, or agreements entered into in accordance with, and made available to entities eligible for, such contracts, grants, or agreements under the Indian Self-Determination Act 25 U. Not later than days after the date on which the tribal regulations described in paragraph 1 are submitted to the Secretary, the Secretary shall review and approve or disapprove the regulations. If the Secretary disapproves the tribal regulations described in paragraph 1 , the Secretary shall include written documentation with the disapproval notification that describes the basis for the disapproval.

The deadline described in subparagraph A may be extended by the Secretary, after consultation with the Indian tribe. Notwithstanding paragraphs 3 and 4 , if an Indian tribe carries out a project or activity funded by a Federal agency, the Indian tribe shall have the authority to rely on the environmental review process of the applicable Federal agency rather than any tribal environmental review process under this subsection.

If an Indian tribe executes a lease pursuant to tribal regulations under paragraph 1 , the Indian tribe shall provide the Secretary with—. A a copy of the lease, including any amendments or renewals to the lease; and. B in the case of tribal regulations or a lease that allows for lease payments to be made directly to the Indian tribe, documentation of the lease payments that are sufficient to enable the Secretary to discharge the trust responsibility of the United States under paragraph 7. The United States shall not be liable for losses sustained by any party to a lease executed pursuant to tribal regulations under paragraph 1.

Pursuant to the authority of the Secretary to fulfill the trust obligation of the United States to the applicable Indian tribe under Federal law including regulations , the Secretary may, upon reasonable notice from the applicable Indian tribe and at the discretion of the Secretary, enforce the provisions of, or cancel, any lease executed by the Indian tribe under paragraph 1. An interested party, after exhausting of any applicable tribal remedies, may submit a petition to the Secretary, at such time and in such form as the Secretary determines to be appropriate, to review the compliance of the applicable Indian tribe with any tribal regulations approved by the Secretary under this subsection.

If, after carrying out a review under subparagraph A , the Secretary determines that the tribal regulations were violated, the Secretary may take any action the Secretary determines to be necessary to remedy the violation, including rescinding the approval of the tribal regulations and reassuming responsibility for the approval of leases of tribal trust lands. If the Secretary determines that a violation of the tribal regulations has occurred and a remedy is necessary, the Secretary shall—.

Nothing in this subsection shall affect subsection e or any tribal regulations issued under that subsection. A and struck out former subpar. A which read as follows: "in the case of a business or agricultural lease, 25 years, except that any such lease may include an option to renew for up to two additional terms, each of which may not exceed 25 years; and". Restricted lands of deceased Indians may be leased under sections to d of this title , for the benefit of their heirs or devisees, in the circumstances and by the persons prescribed in section of this title : Provided , That if the authority of the Secretary under this section is delegated to any subordinate official, then any heir or devisee shall have the right to appeal the action of any such official to the Secretary under such rules and regulations as he may prescribe.

No rent or other consideration for the use of land leased under sections to d of this title shall be paid or collected more than one year in advance, unless so provided in the lease. The Secretary of the Interior shall approve no lease pursuant to sections to d of this title that contains any provision that will prevent or delay a termination of Federal trust responsibilities with respect to the land during the term of the lease.

Nothing contained in sections to d of this title shall be construed to repeal any authority to lease restricted Indian lands conferred by or pursuant to any other provision of law. Any trust or restricted Indian lands, whether tribally or individually owned, located on the San Xavier Indian Reservation and the Salt River Pima-Maricopa Indian Reservation, in the State of Arizona, may be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, residential, business, farming or grazing purposes, including the development or utilization of natural resources in connection with operations under such leases, but no lease shall be executed under sections to j of this title for purposes that are subject to the laws governing mining leases on Indian lands.

The term of a grazing lease shall not exceed ten years, the term of a farming lease that does not require the making of a substantial investment in the improvement of the land shall not exceed ten years, and the term of a farming lease that requires the making of a substantial investment in the improvement of the land shall not exceed forty years. The term of any other lease shall not exceed ninety-nine years.

No lease shall contain an option to renew which, if exercised, will extend the total term beyond the maximum term permitted by sections to j of this title. The Secretary of the Interior shall not approve any lease with a term that is longer than is necessary in his judgment to obtain maximum economic benefits for the Indian owners. Every lease entered into under section of this title shall contain a covenant on the part of the lessee that he will not commit or permit on the leased land any act which causes waste or a nuisance or which creates a hazard to health of persons or to property, wherever such persons or property may be.

The State of Arizona, or any political subdivision thereof contiguous with the San Xavier or Salt River Pima-Maricopa Indian Reservation, may bring suit, without regard to the amount in controversy, in the United States District Court for the District of Arizona to abate or enjoin any violation of the covenant required under subsection a : Provided , That if, by reason of the citizenship of the parties and the law applicable to the cause of action, the District Court finds it lacks jurisdiction to hear and determine such suit, it may be brought in any court of competent jurisdiction of the State of Arizona.

Any contract, including a lease, affecting land within the Salt River Pima-Maricopa Indian Reservation may contain a provision for the binding arbitration of disputes arising out of such contract. The Secretary of the Interior shall, before he approves any lease under sections to j of this title for public, religious, educational, recreational, business, or residential purposes and if he determines that such lease will substantially affect the governmental interests of a municipality described hereunder, notify the appropriate authorities of any municipality contiguous to the San Xavier or Salt River Pima-Maricopa Reservation, as the case may be, of the pendency of the proposed lease and, in his discretion, furnish them with an outline of the major provisions of the lease which affect such governmental interests and shall consider any comments on the terms of the lease affecting the municipality, or on the absence of such terms from the lease, that such authorities may offer within such reasonable period, but not more than thirty days, as the Secretary may prescribe in his notice to them.

It is the intent of the Congress that the terms under which lands located on the San Xavier and Salt River Pima-Maricopa Reservations are developed by non-Indian lessees shall, to the extent reasonably possible, be similar to those applicable under State or local law to the development of non-Indian lands in the municipalities contiguous thereto.

Trust or restricted lands of deceased Indians located on the San Xavier and Salt River Pima-Maricopa Reservations may be leased under sections to j of this title , for the benefit of their heirs or devisees, in the circumstances and by the persons prescribed in section of this title : Provided , That if the authority of the Secretary under this section is delegated to a subordinate official, then any heir or devisee shall have the right to appeal the action of any such official to the Secretary under such rules and regulations as he may prescribe.

No rent or other consideration for the use of land leased under sections to j of this title shall be paid or collected more than one year in advance, unless so provided in the lease. The Secretary of the Interior shall approve no lease pursuant to sections to j of this title that contains any provision that will prevent or delay a termination of Federal trust responsibilities with respect to the land during the term of the lease.

97th Congress (1981-1982)

Individual or tribal owners of trust or restricted Indian land on the San Xavier and Salt River Pima-Maricopa Reservations may, with the approval of the Secretary, dedicate land to the public for streets, alleys, or other public purposes under those laws of the State of Arizona that are applicable to the dedication of land for public purposes. The Papago Council and the Salt River Pima-Maricopa Community Council, with the approval of the Secretary of the Interior, may contract with the State of Arizona or its political subdivisions for the furnishing of water, sewerage, law enforcement, or other public services on terms and conditions deemed advantageous to the tribe and individual Indian landowners.

The Papago Council and the Salt River Pima-Maricopa Community Council, with the consent of the Secretary of the Interior, are hereby authorized, for their respective reservations, to enact zoning, building, and sanitary regulations covering the lands on their reservations for which leasing authority is granted by sections to j of this title in the absence of State civil and criminal jurisdiction over such particular lands, and said councils may contract with local municipalities for assistance in preparing such regulations.

Nothing contained in sections to j of this title shall—. Nothing in sections to j of this title shall authorize the Secretary to approve any development which would detract from the scenic, historic, and religious values of the Mission San Xavier del Bac owned by the Franciscan Order of Friars Minor and located on the San Xavier Reservation. Current Main Ed.

Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands; Rescission of a 2015 Rule

Back to Original Document. Continuance of restrictions on alienation in patent. Consent to or approval of alienation of allotments by Secretary of the Interior. Leases of allotted lands where allottee is incapacitated.

Bureau of Land Management - Wikipedia

Leases of unallotted lands for mining purposes; duration of leases. Public auction of oil and gas leases; requirements. Lessees of restricted lands to furnish bonds for performance. Rules and regulations governing operations; limitations on oil or gas leases.

Leases of unallotted lands for oil and gas mining purposes. Leases of unallotted lands for oil and gas mining purposes within Executive order Indian reservations.

Arizona Department of Health Services—Arizona State Hospital—State Hospital has not fully evaluated assault-reduction strategies but has established processes for patient admission, ensuring patients receive prescribed treatment, and reporting incidents September Arizona Department of Health Services—Procurement and Contract Monitoring—Department did not follow some procurement requirements and paid for some services without ensuring they were provided and contract requirements were met August Arizona Department of Health Services—Medical Marijuana Program—Department did not timely, consistently, or adequately perform several medical marijuana regulatory activities and misallocated some Medical Marijuana Fund monies June Arizona Department of Revenue—Sunset Factors—Department did not comply with all conflict-of-interest requirements, ensure it collected and reported all State income taxes, and plan for eventual replacement of its main IT system June Arizona Board of Psychologist Examiners—Board should seek statutory authority to require criminal background checks for licensure, improve timeliness of complaint and claim handling, and review appropriateness of its licensing fees April August 27, Arizona Psychiatric Security Review Board—Board should ensure it receives needed information to inform its decision making, improve its issuance of hearing notices and orders, and develop rules, policies, and procedures to help meet key responsibilities December September 13, Arizona Board of Athletic Training—Board should ensure applicants meet lawful presence and continuing-education requirements, and improve the information on its website and the licensee information staff provide over the phone October July 3, Arizona Department of Gaming—Department assesses compliance with Tribal-State Gaming Compact, but should enhance its gaming facility employee recertification and horse racing licensure processes August May 13, March 28, October 29, October 31, Arizona's Universities—Fee-Setting Processes—ABOR and the universities have established some fee-setting processes consistent with best practices but should further enhance their processes January October 1, Arizona Commission for Postsecondary Education—Commission should further strengthen Arizona Family College Savings Program program oversight and better protect its confidential and sensitive electronic data December September 21, Arizona Department of Child Safety—Staff Retention, Recruitment, and Training—Department should continue its efforts to improve staff retention, recruit and hire best fit job applicants, and strengthen staff training September April 4, April 30, Arizona School Facilities Board—Board should improve its school district facility renovation and repair project eligibility assessment, award, and oversight practices, and its information technology database management September August 23, Arizona Medical Board—Board issued licenses to qualified applicants and appropriately resolved complaints, but should ensure renewal applicants comply with continuing medical education requirements and continue to improve complaint resolution timeliness August March 26, November 8, Arizona Department of Economic Security—Information Technology Security—Department should improve security processes and controls over its information technology systems and data, and establish an information security program April August 26, Arizona Department of Economic Security—Child Care Services—Department should improve its child care provider monitoring and complaint-handling processes and examine consolidating child care regulation under one agency February August 29, December 1, January 16, Arizona Department of Child Safety—Permanency Practices—Department should improve its provision of information to the juvenile courts and Foster Care Review Board and implement its plans to further improve other permanency practices and outcomes September June 12, State of Arizona Acupuncture Board of Examiners—Board should improve its processes for issuing licenses and certificates, revise its complaint resolution process, and improve its provision of public information September September 10, October 25, February 4, December 27, July 30, March 7, June 21, November 14, February 14, February 5, August 24, May 31, June 27, July 17, November 21, April 25, March 13, September 4, October 23, September 18, November 9, August 7, May 10, November 2, February 2, June 6, May 4, Arizona Board of Executive Clemency September March 21, Arizona Office of Administrative Hearings September December 21, December 15, March 11, January 23, September 27, Arizona Historical Society September June 1, September 22, Arizona State Board of Cosmetology September Water Infrastructure Finance Authority September April 27, Arizona State Board of Pharmacy September November 17, Arizona Department of Financial Institutions August December 18, Registrar of Contractors July , Report No.

August 17, January 30, Arizona Board of Appraisal April July 21, February 24, March 3, Arizona State Parks Board September May 1, April 7, December 12, February 11, July 16, June 11, September 30, October 24, Department of Corrections - Sunset Factors September August 8, March 1, May 8, Arizona Medical Board June Arizona State Board of Nursing June January 22, April 9, June 17, Arizona Sports and Tourism Authority December August 13, Office of Pest Management - Regulation October September 26, January 7, Board of Chiropractic Examiners July December 5, Arizona Department of Housing June December 16, May 22, December 23, Office of Pest Management - Restructuring January October 28,