Procedural Handbook - Leasing And Permitting Chapter 1 - General Information - Department Of The Interior Bureau Of Indian Affairs - 2006 Page 10
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13Leasing and Permitting Chapter 1 – General Information
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2.6
National Environmental Policy Act Of 1969 (NEPA) (42 U.S.C. 4321, Et Seq.)
NEPA requires that Federal agencies (including the BIA) evaluate, in a public process, the
impacts on the quality of the human environment of proposed Federal actions. Approval or
disapproval of a lease is but one of the BIA actions subject to NEPA review, which is a separate
but concurrent, process from the lease review. There are three levels of NEPA review with
increasing levels of complexity. Which level is appropriate for a particular proposed action
depends upon the action and the potential impacts. Contact the appropriate Regional
Environmental Scientist for further guidance on the NEPA process and other environmental
requirements.
2.7
FOIA And Privacy Act
In general, lease information is public information. However, prior to release of any financial or
private information related to a lease, adhere to the FOIA exemptions and redacting of
unreleasable personal information. For detailed information and assistance, contact
FOIA/Privacy Act personnel.
The Freedom of Information Act (FOIA) of 1966 as amended can be found at 5 U.S.C. 552. The
Act was substantially amended in 1974, 1986 and again in 1996 with the introduction of E-
FOIA, P.L. 104-231. The Act provides for the right to access agency records and is enforceable
in court. All records must be disclosed unless they are exempt and harm could occur because of a
disclosure.
E-FOIA takes the1966 Act into the information age, broadens access to include electronic
information and provides certain requirements for electronic record searches, disclosure format
and computer redactions. The Departmental Manual (DM) as authorized in 383 DM 1, 4, 5, 6, 7,
and 8 provide policy and general guidance for administering and implementing FOIA within the
Department of the Interior.
The Privacy Act of 1974 can be found at 5 U.S.C. § 522a. The Privacy Act limits the collection
of personal information and protects this information for uses other than what it was collected
for, and guarantees the government maintains no secret record systems. The DM as authorized in
383 DM 1-12 provides policies and procedures for implementing the Privacy Act of 1974.
2.8
Tribal Laws, Constitution, and Ordinances
Under 25 U.S.C. § 3712(b) and 25 CFR § 162.202(a), the Secretary is required to comply with
tribal laws regulating activities on Indian agricultural land. In other instances, unless prohibited
by Federal law, the BIA will recognize applicable tribal laws regulating activities on land under
agricultural, residential and business lease, including tribal laws relating to land use, such as
environmental protection, building codes, housing codes, zoning, and historic and cultural
preservation. Lessees are obliged to comply with applicable tribal laws affecting their lease.
2.9
Direct Payment Policy
Reserved
Issued: March 6, 2006
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