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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3973 Reported in House (RH)]

                                                 Union Calendar No. 506
112th CONGRESS
  2d Session
                                H. R. 3973

                          [Report No. 112-692]

  To facilitate the development of energy on Indian lands by reducing 
Federal regulations that impede tribal development of Indian lands, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2012

 Mr. Young of Alaska introduced the following bill; which was referred 
                 to the Committee on Natural Resources

                            October 23, 2012

              Additional sponsors: Mr. Gosar and Mr. Berg

                            October 23, 2012

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 7, 2012]

_______________________________________________________________________

                                 A BILL

 
  To facilitate the development of energy on Indian lands by reducing 
Federal regulations that impede tribal development of Indian lands, and 
                          for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Energy Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of Contents.
Sec. 3. Appraisals.
Sec. 4. Standardization.
Sec. 5. Environmental reviews of major Federal actions on Indian lands.
Sec. 6. Indian Energy Development Offices.
Sec. 7. BLM Oil and Gas Fees.
Sec. 8. Bonding requirements and nonpayment of attorneys' fees to 
                            promote indian energy projects.
Sec. 9. Tribal biomass demonstration project.
Sec. 10. Tribal Resource Management Plans.
Sec. 11. Leases of Restricted Lands for the Navajo Nation.
Sec. 12. Nonapplicability of certain rules.

SEC. 3. APPRAISALS.

    (a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended by adding at the end the following:

``SEC. 2607. APPRAISAL REFORMS.

    ``(a) Options to Indian Tribes.--With respect to a transaction 
involving Indian land or the trust assets of an Indian tribe that 
requires the approval of the Secretary, any appraisal relating to fair 
market value required to be conducted under applicable law, regulation, 
or policy may be completed by--
            ``(1) the Secretary;
            ``(2) the affected Indian tribe; or
            ``(3) a certified, third-party appraiser pursuant to a 
        contract with the Indian tribe.
    ``(b) Time Limit on Secretarial Review and Action.--Not later than 
30 days after the date on which the Secretary receives an appraisal 
conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) 
of subsection (a), the Secretary shall--
            ``(1) review the appraisal; and
            ``(2) provide to the Indian tribe a written notice of 
        approval or disapproval of the appraisal.
    ``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 
days, the Secretary has failed to approve or disapprove any appraisal 
received, the appraisal shall be deemed approved.
    ``(d) Option to Indian Tribes To Waive Appraisal.--
            ``(1) An Indian tribe wishing to waive the requirements of 
        subsection (a), may do so after it has satisfied the 
        requirements of subsections (2) and (3) below.
            ``(2) An Indian tribe wishing to forego the necessity of a 
        waiver pursuant to this section must provide to the Secretary a 
        written resolution, statement, or other unambiguous indication 
        of tribal intent, duly approved by the governing body of the 
        Indian tribe.
            ``(3) The unambiguous indication of intent provided by the 
        Indian tribe to the Secretary under paragraph (2) must include 
        an express waiver by the Indian tribe of any claims for damages 
        it might have against the United States as a result of the lack 
        of an appraisal undertaken.
    ``(e) Definition.--For purposes of this subsection, the term 
`appraisal' includes appraisals and other estimates of value.
    ``(f) Regulations.--The Secretary shall develop regulations for 
implementing this section, including standards the Secretary shall use 
for approving or disapproving an appraisal.''.
    (b) Conforming Amendment.--The table of contents of the Energy 
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the 
end of the items relating to title XXVI the following:

``Sec. 2607. Appraisal reforms.''.

SEC. 4. STANDARDIZATION.

    As soon as practicable after the date of the enactment of this Act, 
the Secretary of the Interior shall implement procedures to ensure that 
each agency within the Department of the Interior that is involved in 
the review, approval, and oversight of oil and gas activities on Indian 
lands shall use a uniform system of reference numbers and tracking 
systems for oil and gas wells.

SEC. 5. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS.

    Section 102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the 
first sentence, and by adding at the end the following:
    ``(b) Review of Major Federal Actions on Indian Lands.--
            ``(1) In general.--For any major Federal action on Indian 
        lands of an Indian tribe requiring the preparation of a 
        statement under subsection (a)(2)(C), the statement shall only 
        be available for review and comment by the members of the 
        Indian tribe and by any other individual residing within the 
        affected area.
            ``(2) Regulations.--The Chairman of the Council on 
        Environmental Quality shall develop regulations to implement 
        this section, including descriptions of affected areas for 
        specific major Federal actions, in consultation with Indian 
        tribes.
            ``(3) Definitions.--In this subsection, each of the terms 
        `Indian land' and `Indian tribe' has the meaning given that 
        term in section 2601 of the Energy Policy Act of 1992 (25 
        U.S.C. 3501).
            ``(4) Clarification of authority.--Nothing in the Native 
        American Energy Act, except section 8 of that Act, shall give 
        the Secretary any additional authority over energy projects on 
        Alaska Native Claims Settlement Act lands.''.

SEC. 6. INDIAN ENERGY DEVELOPMENT OFFICES.

    Section 2602(a) of the Energy Policy Act of 1992 (25 U.S.C. 
3502(a)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4);
            (2) by inserting after paragraph (2) the following:
            ``(3) Indian energy development offices.--
                    ``(A) Establishment.--To assist the Secretary in 
                carrying out the Program, the Secretary shall establish 
                within the Department of the Interior not less than 5 
                offices.
                    ``(B) Naming.--Each office established under 
                subparagraph (A) shall be known as an `Indian Energy 
                Development Office'.
                    ``(C) Location.--The Secretary shall locate each 
                Indian Energy Development Office--
                            ``(i) within a regional or agency office of 
                        the Bureau of Indian Affairs; and
                            ``(ii) to the maximum extent practicable, 
                        in an area in which there exists a high 
                        quantity of tribal energy development 
                        opportunities, as determined by the Secretary 
                        in consultation with Indian tribes.
                    ``(D) Directors.--Each Indian Energy Development 
                Office established under this paragraph shall be headed 
                by a director.
                    ``(E) Duties.--The director of each Indian Energy 
                Development Office shall--
                            ``(i) provide energy-related information 
                        and resources to Indian tribes and tribal 
                        members;
                            ``(ii) coordinate meetings and outreach 
                        among Indian tribes, tribal members, energy 
                        companies, and relevant Federal, State, and 
                        tribal agencies;
                            ``(iii) oversee, and ensure the timely 
                        processing of, Indian energy applications, 
                        permits, licenses, and other documents that are 
                        subject to development, review, or processing 
                        by--
                                    ``(I) the Bureau of Indian Affairs;
                                    ``(II) the Bureau of Land 
                                Management;
                                    ``(III) the National Park Service;
                                    ``(IV) the United States Fish and 
                                Wildlife Service;
                                    ``(V) the Bureau of Reclamation;
                                    ``(VI) the Minerals Management 
                                Service; or
                                    ``(VII) the Office of Special 
                                Trustee for American Indians of the 
                                Department of the Interior; and
                            ``(iv) consult with Indian tribes that will 
                        be served by an Indian Energy Development 
                        Office to determine what services, information, 
                        facilities, or programs would best expedite the 
                        responsible development of energy resources.
                    ``(F) Staff.--Each Indian Energy Development Office 
                established under this paragraph shall be adequately 
                staffed to meet the demand for energy permitting in the 
                region or agency where the office is established.''.

SEC. 7. BLM OIL AND GAS FEES.

    The Secretary of the Interior, acting through the Bureau of Land 
Management, shall not collect any fee for any of the following:
            (1) For an application for a permit to drill on Indian 
        land.
            (2) To conduct any oil or gas inspection activity on Indian 
        land.
            (3) On any oil or gas lease for nonproducing acreage on 
        Indian land.

SEC. 8. BONDING REQUIREMENTS AND NONPAYMENT OF ATTORNEYS' FEES TO 
              PROMOTE INDIAN ENERGY PROJECTS.

    (a) In General.--A plaintiff who obtains a preliminary injunction 
or administrative stay in an energy related action, but does not 
ultimately prevail on the merits of the energy related action, shall be 
liable for damages sustained by a defendant who--
            (1) opposed the preliminary injunction or administrative 
        stay; and
            (2) was harmed by the preliminary injunction or 
        administrative stay.
    (b) Bond.--Unless otherwise specifically exempted by Federal law, a 
court may not issue a preliminary injunction and an agency may not 
grant an administrative stay in an energy related action until the 
plaintiff posts with the court or the agency a surety bond or cash 
equivalent--
            (1) in an amount the court or agency decides is 30 percent 
        of that amount that the court or agency considers is sufficient 
        to compensate each defendant opposing the preliminary 
        injunction or administrative stay for damages, including but 
        not limited to preliminary development costs, additional 
        development costs, and reasonable attorney fees, that each 
        defendant may sustain as a result of the preliminary injunction 
        or administrative stay;
            (2) written by a surety licensed to do business in the 
        state in which the Indian Land or other land where the 
        activities are undertaken is situated; and
            (3) payable to each defendant opposing the preliminary 
        injunction or administrative stay, in the event that the 
        plaintiff does not prevail on the merits of the energy related 
        action, Provided, that, if there is more than one plaintiff, 
        the court or agency shall establish the amount of the bond 
        required by this Subsection for each plaintiff in a fair and 
        equitable manner.
    (c) Limitation on Certain Payments.--Notwithstanding section 1304 
of title 31, United States Code, no award may be made under section 504 
of title 5, United States Code, or under section 2412 of title 28, 
United States Code, and no amounts may be obligated or expended from 
the Claims and Judgment Fund of the United States Treasury to pay any 
fees or other expenses under such sections to any plaintiff related to 
an energy related action.
    (d) Definitions.--For the purposes of this section, the following 
definitions apply:
            (1) Administrative stay.--The term ``Administrative Stay'' 
        means a stay or other temporary remedy issued by a Federal 
        agency, including the Department of the Interior, the 
        Department of Agriculture, the Department of Energy, the 
        Department of Commerce, and the Environmental Protection 
        Agency.
            (2) Indian land.--The term ``Indian Land'' has the same 
        meaning given such term in section 203(c)(3) of the Energy 
        Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), 
        including lands owned by Native Corporations under the Alaska 
        Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 
        1601).
            (3) Energy related action.--The term ``energy related 
        action'' means a cause of action that--
                    (A) is filed on or after the effective date of this 
                Act; and
                    (B) seeks judicial review of a final agency action 
                (as defined in section 702 of title 5, United States 
                Code), to issue a permit, license, or other form of 
                agency permission allowing:
                            (i) any person or entity to conduct 
                        activities on Indian Land, which activities 
                        involve the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity, or
                            (ii) any Indian Tribe, or any organization 
                        of two or more entities, at least one of which 
                        is an Indian tribe, to conduct activities 
                        involving the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity, regardless of where such 
                        activities are undertaken.
            (4) Ultimately prevail on the merits.--The phrase 
        ``Ultimately prevail on the merits'' means, in a final 
        enforceable judgment on the merits, the court rules in the 
        plaintiff's favor on at least one cause of action which is an 
        underlying rationale for the preliminary injunction, and does 
        not include circumstances where the final agency action is 
        modified or amended by the issuing agency unless such 
        modification or amendment is required pursuant to a final 
        enforceable judgment of the court or a court-ordered consent 
        decree.

SEC. 9. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    The Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is 
amended by inserting after section 2 the following:

``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    ``(a) In General.--For each of fiscal years 2013 through 2017, the 
Secretary shall enter into stewardship contracts or other agreements, 
other than agreements that are exclusively direct service contracts, 
with Indian tribes to carry out demonstration projects to promote 
biomass energy production (including biofuel, heat, and electricity 
generation) on Indian forest land and in nearby communities by 
providing reliable supplies of woody biomass from Federal land.
    ``(b) Definitions.--The definitions in section 2 shall apply to 
this section.
    ``(c) Demonstration Projects.--In each fiscal year for which 
projects are authorized, the Secretary shall enter into contracts or 
other agreements described in subsection (a) to carry out at least 4 
new demonstration projects that meet the eligibility criteria described 
in subsection (d).
    ``(d) Eligibility Criteria.--To be eligible to enter into a 
contract or other agreement under this subsection, an Indian tribe 
shall submit to the Secretary an application--
            ``(1) containing such information as the Secretary may 
        require; and
            ``(2) that includes a description of--
                    ``(A) the Indian forest land or rangeland under the 
                jurisdiction of the Indian tribe; and
                    ``(B) the demonstration project proposed to be 
                carried out by the Indian tribe.
    ``(e) Selection.--In evaluating the applications submitted under 
subsection (c), the Secretary--
            ``(1) shall take into consideration the factors set forth 
        in paragraphs (1) and (2) of section 2(e) of Public Law 108-
        278; and whether a proposed demonstration project would--
                    ``(A) increase the availability or reliability of 
                local or regional energy;
                    ``(B) enhance the economic development of the 
                Indian tribe;
                    ``(C) improve the connection of electric power 
                transmission facilities serving the Indian tribe with 
                other electric transmission facilities;
                    ``(D) improve the forest health or watersheds of 
                Federal land or Indian forest land or rangeland; or
                    ``(E) otherwise promote the use of woody biomass; 
                and
            ``(2) shall exclude from consideration any merchantable 
        logs that have been identified by the Secretary for commercial 
        sale.
    ``(f) Implementation.--The Secretary shall--
            ``(1) ensure that the criteria described in subsection (c) 
        are publicly available by not later than 120 days after the 
        date of enactment of this section; and
            ``(2) to the maximum extent practicable, consult with 
        Indian tribes and appropriate intertribal organizations likely 
        to be affected in developing the application and otherwise 
        carrying out this section.
    ``(g) Report.--Not later than September 20, 2015, the Secretary 
shall submit to Congress a report that describes, with respect to the 
reporting period--
            ``(1) each individual tribal application received under 
        this section; and
            ``(2) each contract and agreement entered into pursuant to 
        this section.
    ``(h) Incorporation of Management Plans.--In carrying out a 
contract or agreement under this section, on receipt of a request from 
an Indian tribe, the Secretary shall incorporate into the contract or 
agreement, to the extent practicable, management plans (including 
forest management and integrated resource management plans) in effect 
on the Indian forest land or rangeland of the respective Indian tribe.
    ``(i) Term.--A stewardship contract or other agreement entered into 
under this section--
            ``(1) shall be for a term of not more than 20 years; and
            ``(2) may be renewed in accordance with this section for 
        not more than an additional 10 years.''.

SEC. 10. TRIBAL RESOURCE MANAGEMENT PLANS.

    Unless otherwise explicitly exempted by Federal law enacted after 
the date of the enactment of this Act, any activity conducted or 
resources harvested or produced pursuant to a tribal resource 
management plan or an integrated resource management plan approved by 
the Secretary of the Interior under the National Indian Forest 
Resources Management Act (25 U.S.C. 3101 et seq.) or the American 
Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.), 
shall be considered a sustainable management practice for purposes of 
any Federal standard, benefit, or requirement that requires a 
demonstration of such sustainability.

SEC. 11. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.

    Subsection (e)(1) of the first section of the Act of August 9, 
1955, (25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term 
Leasing Act'') is amended--
            (1) by striking ``, except a lease for'' and inserting ``, 
        including leases for'';
            (2) in subparagraph (A), by striking ``25'' the first place 
        it appears and all that follows and inserting ``99 years;'';
            (3) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(C) in the case of a lease for the exploration, 
                development, or extraction of mineral resources, 
                including geothermal resources, 25 years, except that 
                any such lease may include an option to renew for one 
                additional term not to exceed 25 years.''.

SEC. 12. NONAPPLICABILITY OF CERTAIN RULES.

     No rule promulgated by the Department of the Interior regarding 
hydraulic fracturing used in the development or production of oil or 
gas resources shall have any effect on any land held in trust or 
restricted status for the benefit of Indians except with the express 
consent of the beneficiary on whose behalf such land is held in trust 
or restricted status.
                                                 Union Calendar No. 506

112th CONGRESS

  2d Session

                               H. R. 3973

                          [Report No. 112-692]

_______________________________________________________________________

                                 A BILL

  To facilitate the development of energy on Indian lands by reducing 
Federal regulations that impede tribal development of Indian lands, and 
                          for other purposes.

_______________________________________________________________________

                            October 23, 2012

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```