2015 Tribal Webinar Series Regulatory Impacts of Renewable Energy Tribal Projects on Indian Lands

1. Tribal Energy Development Operation and Management Best Practices June 24, 2015 11:00 am – 12:30 PM MST 2015 Tribal Webinar Series Regulatory Impacts of Renewable Energy Tribal Projects on Indian Lands

2. INTERCONNECTING WITH WESTERN:NEPA, SECTION 106, AND CONSULTATION STEVE BLAZEK Transmission Siting and Permitting Policy Advisor Western Area Power Administration

3. About Western Western’s mission is to market and deliver clean, renewable, cost-based federal hydroelectric power and related services • One of four power marketing administrations in the U.S. Department of Energy • Market and transmit wholesale electricity from multi-use water projects • Sell power to preference customers including Native American tribes, Federal and state agencies, cities and towns rural electric cooperatives, public utility districts, and irrigation districts, who in turn provide retail electric service. How Western Does Business: http://ww2.wapa.gov/sites/western/newsroom/pubs/Documents/How%20Western%20Does%20Business.pdf

4. Western Overview

5. Environmental Review

6. Environmental Review • All Interconnections to Western Facilities • National Environmental Policy Act (NEPA) - DOE NEPA Implementation Procedures (10 CFR 1021) • Generating Facilities less than 50 average annual MW require an Environmental Assessment (EA) level of NEPA review • Generating Facilities greater than 50 average annual MW require and Environmental Impact Statement (EIS) level of NEPA review

7. Environmental Review Endangered Species Section 7 consultation with the U.S. Fish and Wildlife Service Historic and Cultural Resources Section 106 consultation with the State Historic Preservation Office, Tribes and Tribal Historic Preservation Office’s and interested parties Tribal Government-to-Government Consultation

8. Section 106 of the National Historic Preservation Act Section 106 of the National Historic Preservation Act requires Western to take into account the effects of its undertaking on historic properties, and afford the Advisory Council on Historic Preservation (Council) a reasonable opportunity to comment. As described in the Section 106 implementing regulations, codified at 36 CFR 800, Western is responsible for the following four steps: • Determine if there is an undertaking; • Determine the undertaking’s area of potential effects (APE). • Identify historic properties within the project’s APE, if such properties exist; and • Assess the effect(s) that the undertaking may have on any historic properties in the APE.

9. Native American Consultation • Mandated by NHPA, NEPA, AIRFA, ARPA, NAGPRA, and E.O. 13175 (Consultation and Coordination with Tribal Governments) • Consultation required when our decisions affect tribal governments or people • On or off federally-owned lands • Tribal members live on or near lands where undertakings may occur • Tribes have ancestral affiliation to lands affected by our projects, even though they no longer live there.

10. Native American Consultation DOE Indian & Alaska Native Tribal Gov’t Policy • DOE Order 144.1, enacted in January 2009, incorporates the policy and the framework for implementation. • DOE Order 144.1 communicates DOE programmatic and field responsibilities for interacting with American Indian Governments. • DOE Order 144.1 defines consultation.

11. Native American Consultation • Consultation Process • Tribal identification process required • Tribal consultation must occur through a formal, documented process; reasonable efforts should be made to accommodate tribal cultural values and modes of communication • DOE managers should consider all concerns, comments, or recommendations made by tribal governments

12. Coordinated Efforts • Consistent with regulations and guidance, Western uses NEPA to establish context for 106 compliance and Government to Government Consultation • NEPA does not reduce or replace Western’s consultation responsibilities

13. What Does It Look Like? • NEPA scoping provides an early opportunity to identify issues and concerns • The NEPA schedule provides a basis for coordinating and tracking 106 compliance and Tribal consultation • NEPA analyses provide feedback to consultation • Consultation feedback informs project design and mitigation

14. Thank You Steve Blazek Transmission Siting and Permitting Policy Analyst Western Area Power Administration sblazek@wapa.gov