Working on Indian Lands: Leases for Energy and Mineral Development

Mineral and Surface Ownership Classifications

• Tribal: federal lands owned by a Tribe
• Allotted: individually owned federal trust acreage
• Fee: non- trust individuals who could be Indian or non- Indian who own lands on reservations

Federal Agencies and Their Roles in the Leasing Process

• Bureau of Indian Affairs (BIA): lead agency on lease agreements up to the point of signing an agreement
• Bureau of Land Management (BLM): reviews leases and reclamation issues
• National Environmental Policy Act (NEPA): deals with compliance that must be met and may include categorical exclusion (CATEX), environmental assessments (EA), and environmental impact statements (EIS)
• Office of Natural Resources Revenue (ONRR): formerly Minerals Management Service, reviews royalty rate provisions to ensure clarity of calculations and distributes royalty payments
• Office of Surface Mining (OSM): reviews mining leases