UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY 

### 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 ofthe National Historic Preservation Act for Development ofa Federal Implementation Plan for Crude Oil and Gas Production Facilities onthe 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 ofthe 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 ofthe 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 ofair quality while allowing oil and gas production sources to take credit for emission controls that are already being employed as a matter ofpractice, 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 ofCAA 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 minorpermits. Furthermore, the EPA fully recognizes the importance ofdeveloping 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 onthe reservation. This is to protect air quality in a manner equivalentto how these emissions are managed by the state ofNorth Dakotaoutside ofIndian country.

The EPA is reviewing the FIP for potential impacts on historic properties onthe FBIR. Because the FIP will apply throughout the entire reservation, EPA is considering the reservation as the area ofpotential effect as that term is defined in the NHPA Section 106 regulations at 36 C.F.R. § 800.I6(d). We are consulting with you concerningthe FIP and we are seeking any information you may have as to whether there are any historic properties oftraditional religious orcultural importanceto the Tribes that may beaffected by the FIP. Based on ourreview ofinformation from the National Park Service, we have preliminarily determined that the FIP should not have effects on any properties listed onthe National Register ofHistoric Places. The EPA sent a letter to the Three Affiliated Tribes' Tribal Historic Preservation Officer (THPO) requestingNHPA consultation for the FIP onJuly 12, 2012. The letter requests additional information onhistoric properties and notifies himofourpreliminary determination. I have enclosed a copy ofthe letterto the THPO with this letter.

We understand that the Tribes may not wishto divulge information about historic properties that have religious or cultural significance. The NHPA and its regulations provide a means to considerprotecting information about a historic property ifpublic disclosure might cause harmto the property, a significant invasion ofprivacy orimpedimentsto traditional religiouspractices. We are opento working with the Tribes to address any concerns that you may have regarding the sensitivity ofinformation. Ifany properties are determined to be "historicproperties" under the NHPA, the EPA would propose to consult with you onpossible measures to avoid orminimizepotential adverse effects.

Ifyou have questions on the EPA's preliminarily determination that the FIP should not have effects on any properties listed onthe National Register ofHistoric Places, please notify mein writing within the 30 day time period described at 36 C.F.R. § 800.3(c)(4). Please send any comments or information concerninghistoric properties to me within 30 days, so as to ensure that we will have ample time to reviewthem. Ifwe don'treceive a response from you within 30 days, we will assume that you concur with our findings.

Ifyou have any questions orcomments about the process for seeking the Tribes' inputrelating to the NHPA, please contact me directly about this matter at (303) 312-6434 or your staffcan contactVictoria Parker-Christensen, Air Program, at (303) 312-6441 orparker-christensen.victoria@epa.gov

. Thank you for your assistance.

Sincerely,

# 'm<.~**1fdffi~** 

# /(/7/ Callie A. Videtich Acting Assistant Regional Administrator Office ofPartnerships and Regulatory Assistance

Enclosure: LettertoTribal Historic Preservation Officerfor FIP

cc: CoverLetter 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 DepartmentAdministrator, Three AffiliatedTribes 

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