I support the adoption of this rule for several reasons. First, clarifying and making uniform the current regulations of leases, subleases, and leasehold mortgages for business purposes on Indian lands will inject more predictability into the leasing process. For newer industries like solar and wind energy, predictability in the processes by which they obtain and use land for power generation can reduce costs and help them be more transparent to their investors. Second, revising BIA regulations for the BIA to defer to tribal valuations of land, rather than BIA valuations, upholds the concept of Indian sovereignty over their land. It is important that Tribes be supported with the resources by which to produce accurate land valuations, but as is the case in the proposed rule, final authority on this issue should rest with the Tribes. Finally, streamlining the environmental assessment procedures for short-and long-term wind energy land leases will help ensure renewable energy projects get up and running as soon as possible. It will be important to monitor these projects to ensure they comply with all relevant environmental standards. However, making more efficient and transparent the processes for approvals of leases for these transactions removes regulatory barriers for the Tribes and developers in essential ways. The costs of implementing these changes appear minimal compared to the benefits of removing some of the administrative burden of the BIA, combined with the benefit to the Tribes to be able to make more sovereign, flexible, and immediate decisions related to the use of their lands.
Comment on FR Doc # 2011-29991
This is comment on Proposed Rule
Residential, Business, and Wind and Solar Resource Leases on Indian Land
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