April 2017, Vol. 244, No. 4



FERC Publishes Draft Guidance for Pipeline Consultations on Indian Lands In an apparent effort to forestall the political problems that threatened construction of the Dakota Access pipeline, the Federal Energy Regulatory Commission (FERC) has published draft guidance for interstate pipeline companies with regard to how they should communicate with Indian tribes when planning projects that could impact cultural resources on or near Indian lands. The draft is extremely detailed, starting with how pipeline operators should make contact with Indian tribes, what kind of consultations are required and what reports should be submitted, in what detail and to whom. Those consultations and reports a

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