§ 3504 TITLE 25—INDIANS Page 682

§ 3504. Indian energy resource regulation

(a) Grants

The Secretary of the Interior is authorized to

make annual grants to Indian tribes for the purpose of assisting Indian tribes in the development, administration, implementation, and enforcement of tribal laws and regulations governing the development of energy resources on Indian reservations.

(b) Purpose

The purposes for which funds provided under a

grant awarded under subsection (a) of this section may be used include, but are not limited

to—

(1) the training and education of employees

responsible for enforcing or monitoring compliance with Federal and tribal laws and regulations;

(2) the development of tribal inventories of

energy resources;

(3) the development of tribal laws and regulations;

(4) the development of tribal legal and governmental infrastructure to regulate environmental quality pursuant to Federal and tribal

laws; and

(5) the enforcement and monitoring of Federal and tribal laws and regulations.

(c) Other assistance

The Secretary of the Interior and the Secretary of Energy shall cooperate with and provide assistance to Indian tribes for the purpose

of assisting Indian tribes in the development,

administration, and enforcement of tribal programs. Such cooperation and assistance shall include the following:

(1) Technical assistance and training, including the provision of necessary circulars and

training materials.

(2) Assistance in the preparation and maintenance of a continuing inventory of information on tribal energy resources and tribal operations. In providing assistance under this

paragraph, Federal departments and agencies

shall make available to Indian tribes all relevant data concerning tribal energy resource

development consistent with applicable laws

regarding disclosure of proprietary and confidential information.

(d) Authorization of appropriations

There are authorized to be appropriated

$10,000,000 for each of the fiscal years 1994, 1995,

1996, and 1997 to carry out the purposes of this

section.

(Pub. L. 102–486, title XXVI, §2604, Oct. 24, 1992,

106 Stat. 3114.)

§ 3505. Indian Energy Resource Commission

(a) Establishment

There is hereby established the Indian Energy

Resource Commission (hereafter in this section

referred to as the ‘‘Commission’’).

(b) Membership

The Commission shall consist of—

(1) 8 members appointed by the Secretary of

the Interior from recommendations submitted

by Indian tribes with developable energy resources, at least 4 of whom shall be elected

tribal leaders;

(2) 3 members appointed by the Secretary of

the Interior from recommendations submitted

by the Governors of States that have Indian

reservations with developable energy resources;

(3) 2 members appointed by the Secretary of

the Interior from among individuals in the private sector with expertise in tribal and State

taxation of energy resources;

(4) 2 members appointed by the Secretary of

the Interior from individuals with expertise in

oil and gas royalty management administration, including auditing and accounting;

(5) 2 members appointed by the Secretary of

the Interior from individuals in the private

sector with expertise in energy development;

(6) 1 member appointed by the Secretary of

the Interior from recommendations submitted

by National environmental organizations;

(7) the Secretary of the Interior, or his designee; and

(8) the Secretary of Energy, or his designee.

(c) Appointments

Members of the Commission shall be appointed

not later than 60 days after October 24, 1992.

(d) Vacancies

A vacancy in the Commission shall be filled in

the same manner as the original appointment

was made. A vacancy in the Commission shall

not affect the powers of the Commission.

(e) Chairperson

The members of the Commission shall elect a

Chairperson from among the members of the

Commission.

(f) Quorum

Eleven members of the Commission shall constitute a quorum, but a lesser number may hold

hearings.

(g) Organizational meeting

The Commission shall hold an organizational

meeting to establish the rules and procedures of

the Commission not later than 30 days after the

members are first appointed to the Commission.

(h) Compensation

Each member of the Commission who is not an

officer or employee of the United States shall be

compensated at a rate established by the Commission, not to exceed the rate of basic pay payable for level IV of the Executive Schedule

under section 5315 of title 5, for each day (including travel time) during which such member

is engaged in the actual performance of duties

as a member of the Commission. Each member

of the Commission who is an officer or employee

of the United States shall receive no additional

compensation.

(i) Travel

While away from their homes or regular places

of business in the performance of duties for the

Commission, all members of the Commission

shall be allowed travel expenses, including per

diem in lieu of subsistence, at a rate established

by the Commission not to exceed the rates au-
Page 683 TITLE 25—INDIANS § 3505

1So in original. Probably should be ‘‘Chairperson’’.

thorized for employees under sections 5702 and

5703 of title 5.

(j) Commission staff

(1) Executive Director

The Commission shall appoint an Executive

Director who shall be compensated at a rate

established by the Commission not to exceed

the rate of basic pay payable for level V of the

Executive Schedule under section 5316 of title

5.

(2) Additional personnel

With the approval of the Commission, the

Executive Director may appoint and fix the

compensation of such additional personnel as

the Executive Director considers necessary to

carry out the duties of the Commission. Such

appointments shall be made in accordance

with the provisions of title 5 governing appointments in the competitive service, but at

rates not to exceed the rate of basic pay payable for level 15 of the General Schedule.

(3) Experts and consultants

Subject to such rules as may be issued by

the Commission, the Chairperson may procure

temporary and intermittent services of experts and consultants to the same extent as is

authorized by section 3109 of title 5, but at

rates not to exceed $200 a day for individuals.

(4) Personnel detail authorized

Upon the request of the Chairperson, the

head of any Federal agency is authorized to

detail, on a reimbursable basis, any of the personnel of such agency to the Commission to

assist the Commission in carrying out its duties under this chapter. Such detail shall be

without interruption or loss of civil service

status or privilege.

(k) Duties of Commission

The Commission shall—

(1) develop proposals to address the dual taxation by Indian tribes and States of the extraction of mineral resources on Indian reservations;

(2) make recommendations to improve the

management, administration, accounting and

auditing of royalties associated with the production of oil and gas on Indian reservations;

(3) develop alternatives for the collection

and distribution of royalties associated with

production of oil and gas on Indian reservations;

(4) develop proposals on incentives to foster

the development of energy resources on Indian

reservations;

(5) identify barriers or obstacles to the development of energy resources on Indian reservations, and make recommendations designed to foster the development of energy resources on Indian reservations and promote

economic development;

(6) develop proposals for the promotion of

vertical integration of the development of energy resources on Indian reservations; and

(7) develop proposals on taxation incentives

to foster the development of energy resources

on Indian reservations including, but not limited to, investment tax credits and enterprise

zone credits.

(l) Powers of Commission

The powers of the Commission shall include

the following:

(1) For the purpose of carrying out its duties

under this section, the Commission may hold

hearings, take testimony, and receive evidence

at such times and places as the Commission

considers appropriate. The Commission may

administer oaths or affirmations to witnesses

appearing before the Commission.

(2) Any member or employee of the Commission may, if authorized by the Commission,

take any action which the Commission is authorized to take by this section.

(3) The Commission may secure directly

from any Federal agency such information as

may be necessary to enable the Commission to

carry out its duties under this section.

(m) Commission report

(1) In general

The Commission shall, within 12 months

after funds are made available to carry out

this section, prepare and transmit to the

President, the Committee on Natural Resources of the House of Representatives, the

Committee on Indian Affairs of the Senate,

and the Committee on Energy and Natural Resources of the Senate, a report containing the

recommendations and proposals specified in

subsection (k) of this section.

(2) Review and comment

Prior to submission of the report required

under this section, the Chairman1 shall circulate a draft of the report to Indian tribes

and States that have Indian reservations with

developable energy resources and other interested tribes and States for review and comment.

(n) Authorization of appropriations

There are authorized to be appropriated to the

Commission $1,000,000 to carry out this section.

Such sum shall remain available, without fiscal

year limitation, until expended.

(o) Termination

The Commission shall terminate 30 days after

submitting the final report required by subsection (m) of this section.

(Pub. L. 102–486, title XXVI, §2605, Oct. 24, 1992,

106 Stat. 3115; Pub. L. 103–437, §10(e)(1), (2)(D),

Nov. 2, 1994, 108 Stat. 4589.)

REFERENCES IN TEXT

The provisions of title 5 governing appointments in

the competitive service, referred to in subsec. (j)(2), are

classified generally to section 3301 et seq. of Title 5,

Government Organization and Employees.

The General Schedule, referred to in subsec. (j)(2), is

set out under section 5332 of Title 5.

AMENDMENTS

1994—Subsec. (m)(1). Pub. L. 103–437 substituted

‘‘Committee on Indian’’ for ‘‘Select Committee on Indian’’ and ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’.

CHANGE OF NAME

Committee on Natural Resources of House of Representatives treated as referring to Committee on Re-
§ 3506 TITLE 25—INDIANS Page 684

sources of House of Representatives by section 1(a) of

Pub. L. 104–14, set out as a note preceding section 21 of

Title 2, The Congress.

§ 3506. Tribal government energy assistance program

(a) Financial assistance

The Secretary may grant financial assistance

to Indian tribal governments, or private sector

persons working in cooperation with Indian tribal governments, to carry out projects to evaluate the feasibility of, develop options for, and

encourage the adoption of energy efficiency and

renewable energy projects on Indian reservations. Such grants may include the costs of

technical assistance in resource assessment, feasibility analysis, technology transfer, and the

resolution of other technical, financial, or management issues identified by the applicants for

such grants.

(b) Conditions

Any applicant for financial assistance under

this section must evidence coordination and cooperation with, and support from, local educational institutions and the affected local energy institutions.

(c) Considerations

In determining the amount of financial assistance to be provided for a proposed project, the

Secretary shall consider—

(1) the extent of involvement of local educational institutions and local energy institutions;

(2) the ease and costs of operation and maintenance of any project contemplated as a part

of the project;

(3) whether the measure will contribute significantly to the development, or the quality

of the environment, of the affected Indian reservations; and

(4) any other factors which the Secretary

may determine to be relevant to a particular

project.

(d) Cost-share

With the exception of grants awarded for the

purpose of feasibility studies, the Secretary

shall require at least 20 percent of the costs of

any project under this section to be provided

from non-Federal sources, unless the grant recipient is a for-profit private sector institution,

in which case the Secretary shall require at

least 50 percent of the costs of any project to be

provided from non-Federal sources.

(e) Authorization of appropriations

There are authorized to be appropriated such

sums as are necessary for the development and

implementation of the program established by

this section.

(Pub. L. 102–486, title XXVI, §2606, Oct. 24, 1992,

106 Stat. 3118.)

CHAPTER 38—INDIAN TRIBAL JUSTICE

SUPPORT

Sec.

3601. Findings.

3602. Definitions.

SUBCHAPTER I—TRIBAL JUSTICE SYSTEMS

3611. Office of Tribal Justice Support.

Sec.

(a) Establishment.

(b) Transfer of existing functions and

personnel.

(c) Functions.

(d) No imposition of standards.

(e) Assistance to tribes.

(f) Information clearinghouse on tribal

justice systems.

3612. Survey of tribal judicial systems.

(a) In general.

(b) Local conditions.

(c) Consultation with Indian tribes.

3613. Base support funding for tribal justice systems.

(a) In general.

(b) Purposes for which financial assistance may be used.

(c) Formula.

3614. Tribal judicial conferences.

SUBCHAPTER II—AUTHORIZATIONS OF

APPROPRIATIONS

3621. Tribal justice systems.

(a) Office.

(b) Base support funding for tribal justice

systems.

(c) Administrative expenses for Office.

(d) Administrative expenses for tribal judicial conferences.

(e) Survey.

(f) Indian priority system.

(g) Allocation of funds.

(h) No offset.

SUBCHAPTER III—DISCLAIMERS

3631. Tribal authority.

§ 3601. Findings

The Congress finds and declares that—

(1) there is a government-to-government relationship between the United States and each

Indian tribe;

(2) the United States has a trust responsibility to each tribal government that includes

the protection of the sovereignty of each tribal government;

(3) Congress, through statutes, treaties, and

the exercise of administrative authorities, has

recognized the self-determination, self-reliance, and inherent sovereignty of Indian

tribes;

(4) Indian tribes possess the inherent authority to establish their own form of government,

including tribal justice systems;

(5) tribal justice systems are an essential

part of tribal governments and serve as important forums for ensuring public health and

safety and the political integrity of tribal governments;

(6) Congress and the Federal courts have repeatedly recognized tribal justice systems as

the appropriate forums for the adjudication of

disputes affecting personal and property

rights;

(7) traditional tribal justice practices are essential to the maintenance of the culture and

identity of Indian tribes and to the goals of

this chapter;

(8) tribal justice systems are inadequately

funded, and the lack of adequate funding impairs their operation; and

(9) tribal government involvement in and

commitment to improving tribal justice systems is essential to the accomplishment of the

goals of this chapter.