California Air Resources Board

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.

Documents

U.S. Department of Interior Letter on NIFRMA Legal Constraint 

For questions or comments, contact Nora Kennedy at (279) 208-7196.