Offset Project Listing Requirements for Native American Tribes
- Compliance Offset Program
- Cap-and-Trade Program
- ARB Offset Credit Issuance
- Compliance Offset Protocols
- Forms
- Guidance
- Invalidation
- Offset Project Operators
- Offset Project Registries
- Offset Protocol Task Force
- Requirements for Tribes
- Verification
- Direct Environmental Benefits in the State (DEBS)
- Early Action Offset Credits
- Sector-Based Offset Credits
Contacto
The Compliance Offset program provides an opportunity for sectors not covered under the Cap-and-Trade Regulation to generate additional greenhouse gas benefits. Tribes, because of their unique status as sovereign nations, must include a limited waiver of sovereign immunity that is legally binding under the Tribe’s laws as part of the offset project listing requirements to participate in the Compliance Offset Program. Tribes must meet the requirements of sections 95975(c)(1) through (5), and the requirements of section 95975(l) of the Cap-and-Trade Regulation before any offset project located on the categories of land specified in section 95973(d) of the Cap-and-Trade Regulation can be listed under ARB’s Compliance Offset Program. These categories of land include: land that is owned by, or subject to, an ownership or possessory interest of the Tribe; land that is “Indian lands” of the Tribe, as defined by 25 U.S.C. §81(a)(1); or land owned by any person, entity, or Tribe, within the external borders of such Indian lands. The requirements of section 95975(l) include entering into a limited waiver of sovereign immunity with ARB, documentation that the limited waiver of sovereign immunity was properly adopted in accordance with the Tribe’s and federal laws, and for Indian lands, as defined in 25 U.S.C. §81(a)(1), proof of federal approval of (or documentation from the U.S. Department of the Interior, Bureau of Indian Affairs that federal approval is not required for) the Tribe’s participation in the requirements of the Cap-and-Trade Program. The limited waiver of sovereign immunity must include a consent to suit by ARB in California state courts. Once the limited waiver of sovereign immunity has been entered into by the Tribe and ARB, and the other requirements of section 95975(l) have been satisfied, a Notice of Satisfaction or other similar documentation will be made public in the table below. This page will be updated as necessary to reflect the existence of new limited waivers of sovereign immunity and Projects. All documents posted below are posted with the approval of the applicable tribe.
Tribe | Date Completed | Notice of Satisfaction | Project |
---|---|---|---|
Yurok | June 4, 2013 | Notice of Cook-Koppala Gerber Gleason IFM Satisfaction | Yurok Tribe/Forest Carbon Partners CKGG Improved Forest Management Project (CAFR5011) |
Round Valley | August 29, 2013 | Notice of Round Valley Indian Tribal Carbon Project Satisfaction | Round Valley Indian Tribes Improved Forest Management Project (CAFR5028) |
Yurok | April 18, 2014 | Notice of Yurok Tribe Sustainable Forest Project (Phase 1) Satisfaction | Phase 1 Sustainable Forest Project (CAFR5090) |
White Mountain Apache | June 10, 2014 | Notice of White Mountain Apache Tribe Improved Forest Management Project Satisfaction | White Mountain Apache Tribe Forest Carbon Project (CAFR5072) |
Passamaquoddy | June 12, 2015 | Notice of Joint Tribal Council of the Passamaquoddy Tribe's Improved Forest Management Project Satisfaction | Finite Carbon - Passamaquoddy Tribe IFM (CAFR5195) |
Warm Springs | August 12, 2015 | Notice of Confederated Tribes of the Warm Springs Reservation of Oregon Improved Forest Management Project Satisfaction | Warm Springs Phase I (CAFR5214) |
The Confederated Tribes of the Colville Reservation | October 7, 2015 | Notice of Confederated Tribes of the Colville Reservation Improved Forest Management Project Satisfaction | Finite Carbon-Colville IFM (CAFR5225) |
White Mountain Apache Tribe | October 13, 2015 | Notice of White Mountain Apache Tribe Forest Offset Projects Satisfaction | White Mountain Apache Tribe Forest Offset Projects (CAFR5253) |
Yurok Tribe | October 13, 2015 | Notice of Yurok Tribe Sustainable Early Action Forest Project Satisfaction | Yurok Tribe Sustainable Forest Project (CAFR0064) |
Mescalero Apache Tribe | October 14, 2015 | Notice of Mescalero Apache Tribe Improved Forest Management Project Satisfaction | Forest Carbon Partners - Mescalero Apache Tribe Improved Forest Management Project (CAFR5283) |
Spokane Tribe of Indians | August 27, 2018 | Notice of Spokane Tribe of Indians Improved Forest Management Project Satisfaction | Spokane Tribe of Indians Improved Forest Management Project (CAFR6314) |
Yurok Tribe | July 14, 2021 | Notice of Yurok Tribe Kepel Creek Improved Forest Management Project Satisfaction | Kepel Creek Improved Forest Management Project (CAFR5377) |
Navajo Nation | August 7, 2023 | Notice of Navajo Nation Improved Forest Management Project Satisfaction | Navajo Nation Improved Forest Management Project (CAFR5555) |
Hoopa Valley Tribe | January 30, 2024 | Notice of Hoopa Valley Tribe Pine Creek Improved Forest Management Project Satisfaction | Pine Creek Improved Forest Management Project (CAFR6368) |
Documents
U.S. Department of Interior Letter on NIFRMA Legal Constraint
For questions or comments, contact Nora Kennedy at (279) 208-7196.