Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Notices 71733 

early 1980s. Evidence for this time is 

insufficient to show the existence or 

evolution of a community distinct from 

these rancherias and ancestral to the 

petitioner. 

Finally, the evidence does not show 

the petitioner’s membership functioning 

as a community from 1980 to the 

present. Petitioner #85 thus did not 

provide sufficient evidence to 

demonstrate that its members interact 

with each other, outside of the 

organization itself, or that there are 

significant social relationships within 

its membership and that its members are 

differentiated from, and identified as 

distinct from, nonmembers. A 

comparison of Petitioner #85’s 

membership lists shows a high 

variability and turnover between 1986 

and 1996, with the 2009 membership 

list reflecting a remnant of the 1996 

membership. Such high variability or 

turnover is indicative of individuals or 

families recruited by the leadership 

from a population which has little other 

involvement in the petitioner’s 

organization. This indication is further 

supported by interviewee accounts, and 

the fact that very few individuals who 

were not on successive membership 

lists joined Smith River Rancheria 

between 1991 and 1995, as some of the 

petitioner maintained. Petitioner #85 

does not meet the requirements of 

criterion 83.7(b), based upon the 

materials submitted by the petitioner 

and developed by Department 

researchers during active consideration 

of this petition. 

The evidence in the record is 

insufficient to demonstrate that 

Petitioner #85 meets the criterion 

83.7(b), one of the seven mandatory 

criteria of the regulations for a 

determination that the petitioning group 

is an Indian tribe. In accordance with 

the regulations, the failure to meet all 

seven criteria requires a determination 

that the petitioning group is not an 

Indian tribe within the meaning of 

Federal law (§ 83.6(d), § 83.10(m)). 

Therefore, the Department proposes to 

decline to acknowledge Petitioner #85 

as an Indian tribe. 

According to the Assistant 

Secretary—Indian Affairs Office of 

Federal Acknowledgment; Guidance 

and Direction Regarding Internal 

Procedures of May 23, 2008: 

If during the evaluation of a petition on 

active consideration it becomes apparent that 

the petitioner fails on one criterion, or more, 

under the reasonable likelihood of the 

validity of the facts standard, OFA may 

prepare a proposed finding or final 

determination not to acknowledge the group 

on the failed criterion or criteria alone, 

setting forth the evidence, reasoning, and 

analyses that form the basis for the proposed 

decision. (73 FR 30147) 

The burden of providing sufficient 

evidence under the criteria in the 

regulations rests with the petitioner, 25 

CFR 83.5(c). Because Petitioner #85 has 

not met criterion § 83.7(b) as a distinct 

community, it is not necessary for the 

Department to make conclusions 

regarding the other six mandatory 

criteria. 

This proposed finding is based on the 

evidence currently in the record. 

Additional evidence may be submitted 

during the comment period that follows 

publication of this finding. If new 

evidence provided during the comment 

period results in a reversal of this 

conclusion, the Assistant Secretary— 

Indian Affairs will issue an amended 

proposed finding evaluating all seven 

criteria. (73 FR 30147) 

Publication of the Assistant 

Secretary’s PF in the Federal Register 

initiates a 180-day comment period 

during which the petitioner and 

interested and informed parties may 

submit arguments and evidence to 

support or rebut the conclusions in the 

PF (25 CFR 83.10(i)). Comments should 

be submitted in writing to the address 

listed in the ADDRESSES section of this 

notice. Interested or informed parties 

must provide copies of their 

submissions to the petitioner. The 

regulations at 25 CFR 83.10(k) provide 

petitioner with a minimum of 60 days 

to respond to any submissions on the PF 

received from interested and informed 

parties during the comment period. 

At the end of the periods for comment 

and response on a PF, the Assistant 

Secretary will consult with the 

petitioner and interested parties to 

determine an equitable timeframe for 

consideration of written arguments and 

evidence. The Department will notify 

the petitioner and interested parties of 

the date such consideration begins. 

After consideration of the written 

arguments and evidence rebutting or 

supporting the PF and the petitioner’s 

response to the comments of interested 

parties and informed parties, the 

Assistant Secretary will either issue an 

amended proposed finding or make a 

final determination regarding the 

petitioner’s status. The Department will 

publish a summary of this 

determination in the Federal Register. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Dated: November 18, 2010. 

George T. Skibine, 

Acting Principal Deputy Assistant Secretary— 

Indian Affairs. 

[FR Doc. 2010–29585 Filed 11–23–10; 8:45 am] 

BILLING CODE 4310–G1–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management, 

Regulation and Enforcement 

Requirements for Measurement 

Facilities Used for the Royalty 

Valuation of Processed Natural Gas 

AGENCY: Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE), Interior. 

ACTION: Notice summarizing the 

requirements of royalty measurement 

equipment at gas plants and other 

processing facilities. 

SUMMARY: This notice provides 

information regarding the 

responsibilities of lessees, operators, 

and lessees’ representatives with respect 

to the measurement of Federal 

production at gas processing plants 

when royalty is reported and paid on 

processed gas at or downstream of the 

plant tailgate under 30 CFR 1206.153. 

This equipment includes any metering, 

sampling, or recording devices 

associated with the measurement of 

inlet production, residue gas, fuel gas, 

flare gas, condensate, natural gas 

liquids, or any other products recovered 

from Federal production. 

DATES: Effective Date: This notice 

becomes effective December 27, 2010. 

FOR FURTHER INFORMATION CONTACT: If 

you have any questions regarding this 

Federal Register notice, please contact 

Mr. Kelly Johnson, Production 

Development Office, Gulf of Mexico, by 

telephone at (504) 736–2682 or by email at kelly.johnson@boemre.gov. To 

obtain copies of the most recent gas 

plant inspection records in the Gulf of 

Mexico Region, please contact Ms. 

Kathy Bell at (504) 736–2838 or by email at kathy.bell@boemre.gov. 

SUPPLEMENTARY INFORMATION: 

The Code of Federal Regulations 

(CFR) at 30 CFR 1202.151(a)(1)(ii), 

pertaining to royalty on processed gas, 

provides that royalty must be paid on 

the value of ‘‘residue gas and all gas 

plant products resulting from processing 

the gas produced from a lease subject to 

this subpart.’’ Since the measurement of 

production at gas plants and separation 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

71734 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Notices 

facilities has a direct impact on royalty 

reported and paid under 30 CFR 

1206.153, BOEMRE has begun to inspect 

measurement devices at plants and 

separation facilities that process 

production from Federal leases in the 

Gulf of Mexico Region for compliance 

with established standards governing 

gas and liquid hydrocarbon production 

measurement. We have recently 

completed the first phase of our 

inspection program and will share our 

findings with the operators of the 

measurement devices at these facilities. 

The findings will also be made available 

upon request to lessees and operators 

who may have interest in one or more 

specific gas plants. In the future, we will 

inspect these facilities again to 

determine if previously observed 

problems have been rectified. 

The BOEMRE recognizes that royalty 

reporting on processed gas volumes at 

the tailgate of an onshore gas plant is a 

prevalent practice in the Gulf of Mexico. 

To better fulfill our statutory duty to 

accurately determine oil and gas 

volumes upon which royalties are 

determined, we issue this notice to 

remind lessees and operators of their 

obligations to ensure accurate 

measurement of processed gas for which 

royalty is reported under 30 CFR 

1206.153. 

The relevant regulations found in 30 

CFR part 250, subpart L, impose 

responsibility for compliance with gas 

measurement rules on lessees, 

operators, and lessees’ representatives, 

including lessees who process natural 

gas extracted from a Federal lease in the 

Gulf of Mexico Region at an onshore gas 

plant, separation facility, or other 

processing facility before paying 

royalties on said gas. To ensure accurate 

measurement of processed gas, lessees 

and operators are responsible for 

working with the operators of gas 

plants, separation facilities, or other 

processing facilities to ensure the 

maintenance, operation, and site 

security in accordance with the 

standards set forth in 30 CFR 250.1202, 

250.1203, and 250.1205, of any 

measurement equipment, irrespective of 

location or ownership, used for the 

measurement of production from 

Federal leases. 

Title 30 CFR 250.1203(e) provides: 

If natural gas from a Federal lease on 

the OCS is transferred to a gas plant 

before royalty determination: 

(1) You must provide the following to 

the Regional Supervisor upon request: 

(i) A copy of the monthly gas 

processing plant allocation statement; 

and 

(ii) Gross heating values of the inlet 

and residue streams when not reported 

on the gas plant statement. 

(2) You must permit BOEMRE to 

inspect the measurement and sampling 

equipment of natural gas processing 

plants that process Federal production. 

Accordingly, you are given notice that 

BOEMRE may request assistance from 

lessees or operators to gain access to any 

gas plant, separation facility, or other 

processing facility which initially 

denies access to BOEMRE inspection 

personnel, for the purpose of: 

• Inspecting the measurement and 

sampling equipment of natural gas 

processing plants that process Federal 

production; 

• Remediating, in a timely manner, 

any observed inconsistency with gas 

measurement and site security 

standards set forth in 30 CFR 250.1202, 

250.1203, and 250.1205; and 

• Maintaining onsite records and 

providing copies, when requested by 

BOEMRE, of monthly allocation 

statements, meter or tank run tickets, 

gas meter volume statements, meter 

proving reports, or other documentation 

related to gas measurement. 

Paperwork Reduction Act of 1995 

Statement 

The collections of information 

referred to in this notice are contained 

in 30 CFR part 250 subpart L, 30 CFR 

part 212 subpart B, and 30 CFR part 

1206 subpart D. The Office of 

Management and Budget has approved 

the information collection requirements 

in these regulations under Office of 

Management and Budget Control 

Numbers 1010–0051, 1010–0136, and 

1010–0139. This notice does not impose 

additional information collection 

requirements subject to the Paperwork 

Reduction Act of 1995. 

Authority: 43 U.S.C. 1334. 

Dated: October 22, 2010. 

Robert P. LaBelle, 

Acting Associate Director for Offshore Energy 

and Minerals Management. 

Dated: October 22, 2010. 

Greg J. Gould, 

Director, Office of Natural Resources 

Revenue. 

[FR Doc. 2010–29641 Filed 11–23–10; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management, 

Regulation and Enforcement 

Outer Continental Shelf (OCS), 

Scientific Committee (SC) 

AGENCY: Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE), Interior. 

ACTION: Notice of Vacancies and Request 

for Nominations. 

SUMMARY: BOEMRE seeks interested and 

qualified individuals to serve on its OCS 

SC during the period of June 24, 2011 

through June 23, 2014. The initial 3-year 

term may be renewed for up to one 

additional term. The OCS SC is 

chartered under the Federal Advisory 

Committee Act (FACA) to advise the 

Secretary of the Interior through the 

Director of the BOEMRE on the 

appropriateness, feasibility, and 

scientific value of the OCS 

Environmental Studies Program (ESP) 

and environmental aspects of the 

offshore energy and marine minerals 

programs. The ESP, initiated to support 

the U.S. Department of the Interior’s 

offshore oil and gas leasing program and 

authorized by the OCS Lands Act as 

amended (Section 20), is administered 

by the BOEMRE. The program covers a 

wide range of field and laboratory 

studies in biology, chemistry, and 

physical oceanography, as well as 

studies of the social and economic 

impacts of OCS energy and marine 

minerals development. Currently, the 

work is conducted through award of 

competitive contracts and interagency 

and cooperative agreements. The OCS 

SC reviews the relevance of the 

information being produced by the ESP 

and may recommend changes in its 

scope, direction, and emphasis. 

The OCS SC comprises distinguished 

scientists in appropriate disciplines of 

the biological, physical, chemical, and 

socioeconomic sciences. Currently, the 

OCS SC has 15 vacancies in the 

following disciplines: Biological 

oceanography/marine biology; social 

science; marine archaeology; and 

physical oceanography. The selections 

are based on maintaining disciplinary 

expertise in all areas of research, as well 

as geographic balance. Demonstrated 

knowledge of the scientific issues 

related to OCS oil and gas development 

or renewable energy is essential. The 

Secretary of the Interior makes 

selections on the basis of these factors. 

Ethics Responsibilities of Members 

Members are appointed as special 

Government employees and are subject 

to the financial disclosure provisions of 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES