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`May 24, 2021
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`Governor Kate Brown
`254 State Capitol
`Salem, Oregon 97301
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`Dear Governor Brown:
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`Thank you for your February 18, 2021, letter regarding the Jordan Cove Energy
`Project (Docket Nos. CP17-494-000 and CP17-495-000) and your request that we
`provide meaningful consultation with Oregon’s federally recognized tribes for this
`project. Your letter has been placed in the docket for this proceeding.
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` I
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` appreciate and share your concerns regarding the importance of consultations
`with federally recognized tribes of Oregon. I can assure you that the Commission takes
`very seriously its consultation efforts and trust responsibilities.
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`Early in the pre-filing environmental review of this project, Commission staff
`engaged the Oregon Indian tribes to gain an understanding of the tribal concerns. Prior to
`the Commission’s project authorization, Commission staff consulted in-person on
`multiple occasions with representatives of the Confederated Tribes of Coos, Lower
`Umpqua, and Siuslaw Indians; the Coquille Indian Tribe; the Confederated Tribes of
`Grande Ronde; the Cow Creek Band of Umpqua Tribe of Indians; and the Klamath
`Tribes. Commission staff also reached out and held numerous telephone conversations
`with the tribes. The Commission’s administrative record contains the records of these
`meetings, as well as comment letters from the tribes, all of which were considered by
`Commission staff during the environmental impact statement preparation.
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`The National Historic Preservation Act (NHPA) Section 106 Programmatic
`Agreement (Agreement) for the Jordan Cove Energy Project was prepared and executed
`in compliance with all relevant regulations. The Agreement was signed by the
`Commission staff, the Advisory Council on Historic Preservation and the Oregon State
`Historic Preservation Office. It clarifies the framework and protocols the parties will
`follow to ensure meaningful consultations with the federally recognized tribes to
`complete the identification of historic properties and the assessment and resolution of
`adverse effects resulting from the construction and operation of the Jordan Cove Energy
`Project and the Pacific Connector Gas Pipeline Project. In drafting the agreement, the
`signatories fully considered comments provided by the tribes and, to the extent possible,
`revised the Agreement to incorporate them.
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`888 First Street, NE #11-A | Washington, DC 20426 | 202.502.8000
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`It is the Commission’s practice, consistent with the NHPA and the Advisory
`Council on Historic Preservation’s implementing regulation, to invite tribes to be
`signatories to programmatic agreements when a project crosses reservation lands. In this
`proceeding, the proposed project did not cross reservation lands. So while the tribes were
`not invited to be signatories to the Agreement, they were invited to be consulting parties.
`The project does, however, cross federal lands, so the relevant federal land managing
`agencies – the Bureau of Land Management, the U.S. Forest Service and the Army Corps
`of Engineers – were invited to be signatories. During the implementation of the
`Agreement, the Commission and other signatories are required to consult further with the
`Oregon Indian tribes. I assure you the Commission will continue to respond to tribal
`concerns, solicit tribal input and afford tribes additional opportunities to comment.
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`If I can be of any further assistance in this or any other Commission matter, please
`let me know.
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`Sincerely,
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`Richard Glick
`Chairman
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`888 First Street, NE #11-A | Washington, DC 20426 | 202.502.8000
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