UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 8 


1595 Wynkoop Street 


DENVER, CO 80202-1129 


Phone 800-227-8917 


http://\\'WW.epa.gov/region08 

JUL 12 2012 


Ref: 8P-AR 

CERTIFIED MAIL 

RETURN RECEIPT REQUESTED 

The Honorable Tex Hall, Chairman 

Three Affiliated Tribes 

404 Frontage Road 

New Town, North Dakota 58763 

RE: Section 106 of the National Historic Preservation Act for 

Development of a Federal Implementation Plan for Crude Oil and 

Gas Production Facilities on the Fort Berthold Indian Reservation 

Dear Chairman Hall: 

The U.S. Environmental Protect Agency (EPA), Region 8 is sending this letter to initiate consultation 

with Three Affiliated Tribes (Tribes) under Section 106 of the National Historic Preservation Act 

(NHPA) and its implementing regulations at 36 C.F.R. Part 800. We are consulting with you as we 

develop a Federal Implementation Plan (FIP), pursuant to the Clean Air Act (CAA), for crude oil and 

gas production facilities within the exterior boundaries of the Fort Berthold Indian Reservation (FBIR). 

The EPA is developing this FIP to create federally enforceable requirements under the CAA for all oil 

and gas production sites on the reservation. 

The FIP will help ensure protection of air quality while allowing oil and gas production sources to take 

credit for emission controls that are already being employed as a matter of practice, but which are not 

currently federally enforceable. Allowing these controls to become federally enforceable makes it 

possible to account for them when operators determine the applicability of CAA permitting 

requirements that apply in Indian country. In short, this FIP will reduce the need for new and existing oil 

and gas production facilities on the reservation to obtain synthetic minor permits. Furthermore, the EPA 

fully recognizes the importance of developing this FIP in a timely manner to prevent potential delays in 

oil and gas production on the reservation. The FIP will be designed to manage air emissions associated 

with oil and gas production on the reservation. This is to protect air quality in a manner equivalent to 

how these emissions are managed by the state ofNorth Dakota outside of Indian country. 

The EPA is reviewing the FIP for potential impacts on historic properties on the FBIR. Because the FIP 

will apply throughout the entire reservation, EPA is considering the reservation as the area of potential 

effect as that term is defined in the NHPA Section 106 regulations at 36 C.F.R. § 800. I 6(d). We are 

consulting with you concerning the FIP and we are seeking any information you may have as to whether 

there are any historic properties of traditional religious or cultural importance to the Tribes that may be 
affected by the FIP. Based on our review of information from the National Park Service, we have 

preliminarily determined that the FIP should not have effects on any properties listed on the National 

Register of Historic Places. The EPA sent a letter to the Three Affiliated Tribes' Tribal Historic 

Preservation Officer (THPO) requesting NHPA consultation for the FIP on July 12, 2012. The letter 

requests additional information on historic properties and notifies him of our preliminary determination. 

I have enclosed a copy of the letter to the THPO with this letter. 

We understand that the Tribes may not wish to divulge information about historic properties that have 

religious or cultural significance. The NHPA and its regulations provide a means to consider protecting 

information about a historic property ifpublic disclosure might cause harm to the property, a significant 

invasion of privacy or impediments to traditional religious practices. We are open to working with the 

Tribes to address any concerns that you may have regarding the sensitivity of information. If any 

properties are determined to be "historic properties" under the NHPA, the EPA would propose to 

consult with you on possible measures to avoid or minimize potential adverse effects. 

If you have questions on the EPA's preliminarily determination that the FIP should not have effects on 

any properties listed on the National Register of Historic Places, please notify me in writing within the 

30 day time period described at 36 C.F.R. § 800.3(c)(4). Please send any comments or information 

concerning historic properties to me within 30 days, so as to ensure that we will have ample time to 

review them. If we don't receive a response from you within 30 days, we will assume that you concur 

with our findings. 

If you have any questions or comments about the process for seeking the Tribes' input relating to the 

NHPA, please contact me directly about this matter at (303) 312-6434 or your staff can contact Victoria 

Parker-Christensen, Air Program, at (303) 312-6441 or parker-christensen.victoria@epa.gov. Thank you 

for your assistance. 

Sincerely, 

'm<.~ 1fdffi~ /(/7/ 	Callie A. Videtich 

Acting Assistant Regional Administrator 

Office of Partnerships and Regulatory Assistance 

Enclosure: Letter to Tribal Historic Preservation Officer for FIP 

cc: 	 Cover Letter Only: 

Elgin Crows Breast, Tribal Historic Preservation Officer, Three Affiliated Tribes 

Joe Gillies Jr., Environmental Director, Three Affiliated Tribes 

Diana Hale, Executive Administrative Assistant, Three Affiliated Tribes 

Fred Fox, Tribal Energy Department Administrator, Three Affiliated Tribes 

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