II 

Calendar No. 575 

112TH CONGRESS 

2D SESSION S. 1684 

[Report No. 112–263] 

To amend the Indian Tribal Energy Development and Self-Determination 

Act of 2005, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 12, 2011 

Mr. BARRASSO (for himself, Mr. AKAKA, Mr. MCCAIN, Mr. HOEVEN, Mr. 

THUNE, and Mr. ENZI) introduced the following bill; which was read 

twice and referred to the Committee on Indian Affairs 

DECEMBER 21, 2012 

Reported by Mr. AKAKA, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To amend the Indian Tribal Energy Development and SelfDetermination Act of 2005, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Indian Tribal Energy 

3 Development and Self-Determination Act Amendments of 

4 2011 2012’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—INDIAN TRIBAL ENERGY DEVELOPMENT AND SELFDETERMINATION ACT AMENDMENTS 

Sec. 101. Indian tribal energy resource development. 

Sec. 102. Indian tribal energy resource regulation. 

Sec. 103. Tribal energy resource agreements. 

Sec. 104. Conforming amendments. 

Sec. 104. Technical assistance for Indian tribal governments. 

Sec. 105. Indian energy efficiency. 

Sec. 106. Conforming amendments. 

TITLE II—MISCELLANEOUS AMENDMENTS 

Sec. 201. Issuance of preliminary permits or licenses. 

Sec. 202. Tribal biomass demonstration project. 

Sec. 202. Tribal biomass demonstration project. 

Sec. 203. Weatherization program. 

Sec. 204. Appraisals. 

Sec. 205. Leases of restricted lands for Navajo Nation. 

7 TITLE I—INDIAN TRIBAL EN8 ERGY DEVELOPMENT AND 

9 SELF-DETERMINATION ACT 

10 AMENDMENTS 

11 SEC. 101. INDIAN TRIBAL ENERGY RESOURCE DEVELOP12 MENT. 

13 (a) IN GENERAL.—Section 2602(a) of the Energy 

14 Policy Act of 1992 (25 U.S.C. 3502(a)) is amended— 

15 (1) in paragraph (2)— 

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1 (A) in subparagraph (C), by striking 

2 ‘‘and’’ after the semicolon; 

3 (B) in subparagraph (D), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(E) consult with each applicable Indian 

7 tribe before adopting or approving a well spac8 ing program or plan applicable to the energy re9 sources of that Indian tribe or the members of 

10 that Indian tribe.’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(4) PLANNING.— 

13 ‘‘(A) IN GENERAL.—In carrying out the 

14 program established by paragraph (1), the Sec15 retary shall provide technical assistance to in16 terested Indian tribes to develop energy plans, 

17 including— 

18 ‘‘(i) plans for electrification; 

19 ‘‘(ii) plans for oil and gas permitting, 

20 renewable energy permitting, energy effi21 ciency, electricity generation, transmission 

22 planning, water planning, and other plan23 ning relating to energy issues; 

24 ‘‘(iii) plans for the development of en25 ergy resources and to ensure the protection 

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1 of natural, historic, and cultural resources; 

2 and 

3 ‘‘(iv) any other plans that would as4 sist an Indian tribe in the development or 

5 use of energy resources. 

6 ‘‘(B) COOPERATION.—In establishing the 

7 program under paragraph (1), the Secretary 

8 shall work in cooperation with the Office of In9 dian Energy Policy and Programs of the De10 partment of Energy.’’. 

11 (b) DEPARTMENT OF ENERGY INDIAN ENERGY EDU12 CATION PLANNING AND MANAGEMENT ASSISTANCE PRO13 GRAM.—Section 2602(b)(2) of the Energy Policy Act of 

14 1992 (25 U.S.C. 3502(b)(2)) is amended— 

15 (1) in the matter preceding subparagraph (A), 

16 by inserting ‘‘, intertribal organization,’’ after ‘‘In17 dian tribe’’; 

18 (2) by redesignating subparagraphs (C) and 

19 (D) as subparagraphs (D) and (E), respectively; and 

20 (3) by inserting after subparagraph (B) the fol21 lowing: 

22 ‘‘(C) activities to increase the capacity of 

23 Indian tribes to manage energy development 

24 and energy efficiency programs;’’. 

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1 (c) DEPARTMENT OF ENERGY LOAN GUARANTEE

2 PROGRAM.—Section 2602(c) of the Energy Policy Act of 

3 1992 (25 U.S.C. 3502(c)) is amended— 

4 (1) in paragraph (1), by inserting ‘‘or a tribal 

5 energy development organization’’ after ‘‘Indian 

6 tribe’’; 

7 (2) in paragraph (3)— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘guarantee’’ and inserting 

10 ‘‘guaranteed’’; 

11 (B) in subparagraph (A), by striking ‘‘or’’; 

12 (C) in subparagraph (B), by striking the 

13 period at the end and inserting ‘‘; or’’; and 

14 (D) by adding at the end the following: 

15 ‘‘(C) a tribal energy development organiza16 tion, from funds of the tribal energy develop17 ment organization.’’; and 

18 (3) in paragraph (5), by striking ‘‘The Sec19 retary of Energy may’’ and inserting ‘‘Not later 

20 than 1 year after the date of enactment of the In21 dian Tribal Energy Development and Self-Deter22 mination Act Amendments of 2011 2012, the Sec23 retary of Energy shall’’. 

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1 SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULA2 TION. 

3 Section 2603(c) of the Energy Policy Act of 1992 (25 

4 U.S.C. 3503(c)) is amended— 

5 (1) in paragraph (1), by striking ‘‘on the re6 quest of an Indian tribe, the Indian tribe’’ and in7 serting ‘‘on the request of an Indian tribe or a tribal 

8 energy development organization, the Indian tribe or 

9 tribal energy development organization’’; and 

10 (2) in paragraph (2)(B), by inserting ‘‘or tribal 

11 energy development organization’’ after ‘‘Indian 

12 tribe’’. 

13 SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS. 

14 (a) AMENDMENT.—Section 2604 of the Energy Pol15 icy Act of 1992 (25 U.S.C. 3504) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1)— 

18 (i) in subparagraph (A), by striking 

19 ‘‘or’’ after the semicolon at the end; 

20 (ii) in subparagraph (B)— 

21 (I) by striking clause (i) and in22 serting the following: 

23 ‘‘(i) an electric production, generation, 

24 transmission, or distribution facility (in25 cluding a facility that produces electricity 

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1 from renewable energy resources) located 

2 on tribal land; or’’; and 

3 (II) in clause (ii)— 

4 (aa) by inserting ‘‘, at least 

5 a portion of which have been’’ 

6 after ‘‘energy resources’’; 

7 (bb) by inserting ‘‘or pro8 duced from’’ after ‘‘developed 

9 on’’; and 

10 (cc) by striking ‘‘and’’ after 

11 the semicolon at the end and in12 serting ‘‘or’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(C) pooling, unitization, or 

16 communitization of the energy mineral re17 sources of the Indian tribe located on tribal 

18 land with any other energy mineral resource 

19 (including energy mineral resources owned by 

20 the Indian tribe or an individual Indian in fee, 

21 trust, or restricted status or by any other per22 sons or entities) if the owner of the resources 

23 has consented or consents to the pooling, unit24 ization, or communitization of the other remstockstill on DSK4VPTVN1PROD with 

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1 sources under any lease or agreement; and’’; 

2 and 

3 (B) by striking paragraph (2) and insert4 ing the following: 

5 ‘‘(2) a lease or business agreement described in 

6 paragraph (1) shall not require review by, or the ap7 proval of, the Secretary under section 2103 of the 

8 Revised Statutes (25 U.S.C. 81), or any other provi9 sion of law, if the lease or business agreement— 

10 ‘‘(A) was executed— 

11 ‘‘(i) in accordance with the require12 ments of a tribal energy resource agree13 ment in effect under subsection (e) (includ14 ing the periodic review and evaluation of 

15 the activities of the Indian tribe under the 

16 agreement, to be conducted pursuant to 

17 subparagraphs (D) and (E) of subsection 

18 (e)(2)); or 

19 ‘‘(ii) by the Indian tribe and a tribal 

20 energy development organization— 

21 ‘‘(I) for which the Indian tribe 

22 has obtained certification pursuant to 

23 subsection (h); and 

24 ‘‘(II) the majority of the interest 

25 in which is, and continues to be 

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1 throughout the full term or renewal 

2 term (if any) of the lease or business 

3 agreement, owned and controlled by 

4 the Indian tribe (or the Indian tribe 

5 and 1 or more other Indian tribes); 

6 and 

7 ‘‘(B) has a term that does not exceed— 

8 ‘‘(i) 30 years; or 

9 ‘‘(ii) in the case of a lease for the pro10 duction of oil resources, gas resources, or 

11 both, 10 years and as long thereafter as oil 

12 or gas is produced in paying quantities.’’; 

13 (2) by striking subsection (b) and inserting the 

14 following: 

15 ‘‘(b) RIGHTS-OF-WAY.—An Indian tribe may grant a 

16 right-of-way over tribal land without review or approval 

17 by the Secretary if the right-of-way— 

18 ‘‘(1) serves— 

19 ‘‘(A) an electric production, generation, 

20 transmission, or distribution facility (including 

21 a facility that produces electricity from renew22 able energy resources) located on tribal land; 

23 ‘‘(B) a facility located on tribal land that 

24 extracts, produces, processes, or refines energy 

25 resources; or 

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1 ‘‘(C) the purposes, or facilitates in car2 rying out the purposes, of any lease or agree3 ment entered into for energy resource develop4 ment on tribal land; and 

5 ‘‘(2) was executed— 

6 ‘‘(A) in accordance with the requirements 

7 of a tribal energy resource agreement in effect 

8 under subsection (e) (including the periodic re9 view and evaluation of the activities of the In10 dian tribe under the agreement, to be conducted 

11 pursuant to subparagraphs (D) and (E) of sub12 section (e)(2)); or 

13 ‘‘(B) by the Indian tribe and a tribal en14 ergy development organization— 

15 ‘‘(i) for which the Indian tribe has ob16 tained certification pursuant to subsection 

17 (h); and 

18 ‘‘(ii) the majority of the interest in 

19 which is, and continues to be throughout 

20 the full term or renewal term (if any) of 

21 the right-of-way, owned and controlled by 

22 the Indian tribe (or the Indian tribe and 1 

23 or more other Indian tribes); and 

24 ‘‘(3) has a term that does not exceed 30 

25 years.’’; 

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1 (3) by striking subsection (d) and inserting the 

2 following: 

3 ‘‘(d) VALIDITY.—No lease or business agreement en4 tered into, or right-of-way granted, pursuant to this sec5 tion shall be valid unless the lease, business agreement, 

6 or right-of-way is authorized by subsection (a) or (b).’’; 

7 (4) in subsection (e)— 

8 (A) in paragraph (2)— 

9 (i) by striking ‘‘(2)(A)’’ and all that 

10 follows through the end of subparagraph 

11 (A) and inserting the following: 

12 ‘‘(2) PROCEDURE.— 

13 ‘‘(A) EFFECTIVE DATE.— 

14 ‘‘(i) IN GENERAL.—On the date that 

15 is 271 days after the date on which the 

16 Secretary receives a tribal energy resource 

17 agreement from an Indian tribe under 

18 paragraph (1), the tribal energy resource 

19 agreement shall take effect, unless the Sec20 retary disapproves the tribal energy re21 source agreement under subparagraph (B). 

22 ‘‘(ii) REVISED TRIBAL ENERGY RE23 SOURCE AGREEMENT.—On the date that is 

24 91 days after the date on which the Sec25 retary receives a revised tribal energy remstockstill on DSK4VPTVN1PROD with 

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1 source agreement from an Indian tribe 

2 under paragraph (4)(B), the revised tribal 

3 energy resource agreement shall take ef4 fect, unless the Secretary disapproves the 

5 revised tribal energy resource agreement 

6 under subparagraph (B).’’; 

7 (ii) in subparagraph (B)— 

8 (I) by striking ‘‘(B)’’ and all that 

9 follows through ‘‘if—’’ and inserting 

10 the following: 

11 ‘‘(B) DISAPPROVAL.—The Secretary shall 

12 disapprove a tribal energy resource agreement 

13 submitted pursuant to paragraph (1) or (4)(B) 

14 only if—’’; 

15 (II) by striking clause (i) and in16 serting the following: 

17 ‘‘(i) the Secretary determines that the 

18 Indian tribe has not demonstrated that the 

19 Indian tribe has sufficient capacity to reg20 ulate the development of the specific 1 or 

21 more energy resources identified for devel22 opment under the tribal energy resource 

23 agreement submitted by the Indian tribe;’’; 

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1 (III) by redesignating clause (iii) 

2 as clause (iv) and indenting appro3 priately; 

4 (IV) by striking clause (ii) and 

5 inserting the following: 

6 ‘‘(ii) a provision of the tribal energy 

7 resource agreement would violate applica8 ble Federal law (including regulations) or 

9 a treaty applicable to the Indian tribe; 

10 ‘‘(iii) the tribal energy resource agree11 ment does not include 1 or more provisions 

12 required under subparagraph (D); or’’; and 

13 (V) in clause (iv) (as redesig14 nated by subclause (III))— 

15 (aa) in the matter preceding 

16 subclause (I), by striking ‘‘in17 cludes’’ and all that follows 

18 through ‘‘section—’’ and insert19 ing ‘‘does not include provisions 

20 that, with respect to any lease, 

21 business agreement, or right-of22 way to which the tribal energy 

23 resource agreement applies—’’; 

24 and 

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1 (bb) in subclause (XVI)(bb), 

2 by striking ‘‘or tribal’’; 

3 (iii) in subparagraph (C)— 

4 (I) in the matter preceding clause 

5 (i), by inserting ‘‘the approval of’’ 

6 after ‘‘with respect to’’; 

7 (II) by striking clause (ii) and in8 serting the following: 

9 ‘‘(ii) the identification of mitigation 

10 measures, if any, that, in the discretion of 

11 the Indian tribe, the Indian tribe might 

12 propose for incorporation into the lease, 

13 business agreement, or right-of-way;’’; 

14 (III) in clause (iii)(I), by striking 

15 ‘‘proposed action’’ and inserting ‘‘ap16 proval of the lease, business agree17 ment, or right-of-way’’; 

18 (IV) in clause (iv), by striking 

19 ‘‘and’’ at the end; 

20 (V) in clause (v), by striking the 

21 period at the end and inserting ‘‘; 

22 and’’; and 

23 (VI) by adding at the end the fol24 lowing: 

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1 ‘‘(vi) the identification of specific 

2 classes or categories of actions, if any, de3 termined by the Indian tribe not to have 

4 significant environmental effects.’’; 

5 (iv) in subparagraph (D)(ii), by strik6 ing ‘‘subparagraph (B)(iii)(XVI)’’ and in7 serting ‘‘subparagraph (B)(iv)(XV)’’; and 

8 (v) by adding at the end the following: 

9 ‘‘(F) A tribal energy resource agreement 

10 that takes effect pursuant to this subsection 

11 shall remain in effect to the extent any provi12 sion of the tribal energy resource agreement is 

13 consistent with applicable Federal law (includ14 ing regulations), unless the tribal energy re15 source agreement is— 

16 ‘‘(i) rescinded by the Secretary pursu17 ant to paragraph (7)(D)(iii)(II); or 

18 ‘‘(ii) voluntarily rescinded by the In19 dian tribe pursuant to the regulations pro20 mulgated under paragraph (8)(B) (or suc21 cessor regulations). 

22 ‘‘(G)(i) The Secretary shall make a capac23 ity determination under subparagraph (B)(i) 

24 not later than 120 days after the date on which 

25 the Indian tribe submits to the Secretary the 

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1 tribal energy resource agreement of the Indian 

2 tribe pursuant to paragraph (1), unless the Sec3 retary and the Indian tribe mutually agree to 

4 an extension of the time period for making the 

5 determination. 

6 ‘‘(ii) Any determination that the Indian 

7 tribe lacks the requisite capacity shall be treat8 ed as a disapproval under paragraph (4) and, 

9 not later than 10 days after the date of the de10 termination, the Secretary shall provide to the 

11 Indian tribe— 

12 ‘‘(I) a detailed, written explanation of 

13 each reason for the determination; and 

14 ‘‘(II) a description of the steps that 

15 the Indian tribe should take to dem16 onstrate sufficient capacity. 

17 ‘‘(H) Notwithstanding any other provision 

18 of this section, an Indian tribe shall be consid19 ered to have demonstrated sufficient capacity 

20 under subparagraph (B)(i) to regulate the de21 velopment of the specific 1 or more energy re22 sources of the Indian tribe identified for devel23 opment under the tribal energy resource agree24 ment submitted by the Indian tribe pursuant to 

25 paragraph (1) if— 

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1 ‘‘(i) the Secretary determines that— 

2 ‘‘(I) the Indian tribe has carried 

3 out a contract or compact under title 

4 I or IV of the Indian Self-Determina5 tion and Education Assistance Act 

6 (25 U.S.C. 450 et seq.); and 

7 ‘‘(II) for a period of not less than 

8 3 consecutive years ending on the date 

9 on which the Indian tribe submits the 

10 tribal energy resource agreement of 

11 the Indian tribe pursuant to para12 graph (1) or (4)(B), the contract or 

13 compact— 

14 ‘‘(aa) has been carried out 

15 by the Indian tribe without mate16 rial audit exceptions (or without 

17 any material audit exceptions 

18 that were not corrected within 

19 the 3-year period); and 

20 ‘‘(bb) has included programs 

21 or activities relating to the man22 agement of tribal land; or 

23 ‘‘(ii) the Secretary fails to make the 

24 determination within the time allowed 

25 under subparagraph (G)(i) (including any 

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1 extension of time agreed to under that sub2 paragraph).’’; 

3 (B) in paragraph (4), by striking ‘‘date of 

4 disapproval’’ and all that follows through the 

5 end of subparagraph (C) and inserting the fol6 lowing: ‘‘date of disapproval, provide the Indian 

7 tribe with— 

8 ‘‘(A) a detailed, written explanation of— 

9 ‘‘(i) each reason for the disapproval; 

10 and 

11 ‘‘(ii) the revisions or changes to the 

12 tribal energy resource agreement necessary 

13 to address each reason; and 

14 ‘‘(B) an opportunity to revise and resubmit 

15 the tribal energy resource agreement.’’; 

16 (C) in paragraph (6)— 

17 (i) in subparagraph (B)— 

18 (I) by striking ‘‘(B) Subject to’’ 

19 and inserting the following: 

20 ‘‘(B) Subject only to’’; and 

21 (II) by striking ‘‘subparagraph 

22 (D)’’ and inserting ‘‘subparagraphs 

23 (C) and (D)’’; 

24 (ii) in subparagraph (C), in the mat25 ter preceding clause (i), by inserting ‘‘to 

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1 perform the obligations of the Secretary 

2 under this section and’’ before ‘‘to ensure’’; 

3 and 

4 (iii) in subparagraph (D), by adding 

5 at the end the following: 

6 ‘‘(iii) Nothing in this section absolves, 

7 limits, or otherwise affects the liability, if 

8 any, of the United States for any— 

9 ‘‘(I) term of any lease, business 

10 agreement, or right-of-way under this 

11 section that is not a negotiated term; 

12 or 

13 ‘‘(II) losses that are not the re14 sult of a negotiated term, including 

15 losses resulting from the failure of the 

16 Secretary to perform an obligation of 

17 the Secretary under this section.’’; 

18 and 

19 (D) in paragraph (7)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘has demonstrated’’ and inserting ‘‘the 

22 Secretary determines has demonstrated 

23 with substantial evidence’’; 

24 (ii) in subparagraph (B), by striking 

25 ‘‘any tribal remedy’’ and inserting ‘‘all 

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1 remedies (if any) provided under the laws 

2 of the Indian tribe’’; 

3 (iii) in subparagraph (D)— 

4 (I) in clause (i), by striking ‘‘de5 termine’’ and all that follows through 

6 the end of the clause and inserting the 

7 following: ‘‘determine— 

8 ‘‘(I) whether the petitioner 

9 is an interested party; and 

10 ‘‘(II) if the petitioner is an 

11 interested party, whether the In12 dian tribe is not in compliance 

13 with the tribal energy resource 

14 agreement as alleged in the peti15 tion.’’; 

16 (II) in clause (ii), by striking 

17 ‘‘determination’’ and inserting ‘‘deter18 minations’’; and 

19 (III) in clause (iii), in the matter 

20 preceding subclause (I) by striking 

21 ‘‘agreement’’ the first place it appears 

22 and all that follows through ‘‘, includ23 ing’’ and inserting ‘‘agreement pursu24 ant to clause (i), the Secretary shall 

25 only take such action as the Secretary 

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1 determines necessary to address the 

2 claims of noncompliance made in the 

3 petition, including’’; 

4 (iv) in subparagraph (E)(i), by strik5 ing ‘‘the manner in which’’ and inserting 

6 ‘‘, with respect to each claim made in the 

7 petition, how’’; and 

8 (v) by adding at the end the following: 

9 ‘‘(G) Notwithstanding any other provision 

10 of this paragraph, the Secretary shall dismiss 

11 any petition from an interested party that has 

12 agreed with the Indian tribe to a resolution of 

13 the claims presented in the petition of that 

14 party.’’; 

15 (5) by redesignating subsection (g) as sub16 section (j); and 

17 (6) by inserting after subsection (f) the fol18 lowing: 

19 ‘‘(g) FINANCIAL ASSISTANCE IN LIEU OF ACTIVITIES

20 BY THE SECRETARY.— 

21 ‘‘(1) IN GENERAL.—Any amounts that the Sec22 retary would otherwise expend to operate or carry 

23 out any program, function, service, or activity (or 

24 any portion of a program, function, service, or activ25 ity) of the Department that, as a result of an Indian 

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1 tribe carrying out activities under a tribal energy re2 source agreement, the Secretary does not expend, 

3 the Secretary shall, at the request of the Indian 

4 tribe, make available to the Indian tribe in accord5 ance with this subsection. 

6 ‘‘(2) ANNUAL FUNDING AGREEMENTS.—The 

7 Secretary shall make the amounts described in para8 graph (1) available to an Indian tribe through an 

9 annual written funding agreement that is negotiated 

10 and entered into with the Indian tribe that is sepa11 rate from the tribal energy resource agreement. 

12 ‘‘(3) EFFECT OF APPROPRIATIONS.—Notwith13 standing paragraph (1)— 

14 ‘‘(A) the provision of amounts to an Indian 

15 tribe under this subsection is subject to the 

16 availability of appropriations; and 

17 ‘‘(B) the Secretary shall not be required to 

18 reduce amounts for programs, functions, serv19 ices, or activities that serve any other Indian 

20 tribe to make amounts available to an Indian 

21 tribe under this subsection. 

22 ‘‘(4) DETERMINATION.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 calculate the amounts under paragraph (1) in 

25 accordance with the regulations adopted under 

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1 section 103(b) of the Indian Tribal Energy De2 velopment and Self-Determination Act Amend3 ments of 2011 2012. 

4 ‘‘(B) APPLICABILITY.—The effective date 

5 or implementation of a tribal energy resource 

6 agreement under this section shall not be de7 layed or otherwise affected by— 

8 ‘‘(i) a delay in the promulgation of 

9 regulations under section 103(b) of the In10 dian Tribal Energy Development and Self11 Determination Act Amendments of 2011 

12 2012; 

13 ‘‘(ii) the period of time needed by the 

14 Secretary to make the calculation required 

15 under paragraph (1); or 

16 ‘‘(iii) the adoption of a funding agree17 ment under paragraph (2). 

18 ‘‘(h) CERTIFICATION OF TRIBAL ENERGY DEVELOP19 MENT ORGANIZATION.— 

20 ‘‘(1) IN GENERAL.—Not later than 90 days 

21 after the date on which an Indian tribe submits an 

22 application for certification of a tribal energy devel23 opment organization in accordance with regulations 

24 promulgated under section 103(b) of the Indian 

25 Tribal Energy Development and Self-Determination 

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1 Act Amendments of 2011 2012, the Secretary shall 

2 approve or disapprove the application. 

3 ‘‘(2) REQUIREMENTS.—The Secretary shall ap4 prove an application for certification if— 

5 ‘‘(A)(i) the Indian tribe has carried out a 

6 contract or compact under title I or IV of the 

7 Indian Self-Determination and Education As8 sistance Act (25 U.S.C. 450 et seq.); and 

9 ‘‘(ii) for a period of not less than 3 con10 secutive years ending on the date on which the 

11 Indian tribe submits the application, the con12 tract or compact— 

13 ‘‘(I) has been carried out by the In14 dian tribe without material audit excep15 tions (or without any material audit excep16 tions that were not corrected within the 3- 

17 year period); and 

18 ‘‘(II) has included programs or activi19 ties relating to the management of tribal 

20 land; and 

21 ‘‘(B)(i) the tribal energy development orga22 nization is organized under the laws of the In23 dian tribe and subject to the jurisdiction and 

24 authority of the Indian tribe; 

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1 ‘‘(ii) the majority of the interest in the 

2 tribal energy development organization is owned 

3 and controlled by the Indian tribe (or the In4 dian tribe and 1 or more other Indian tribes); 

5 and 

6 ‘‘(iii) the organizing document of the tribal 

7 energy development organization requires that 

8 the Indian tribe (or the Indian tribe and 1 or 

9 more other Indian tribes) own and control at all 

10 times a majority of the interest in the tribal en11 ergy development organization. 

12 ‘‘(3) ACTION BY SECRETARY.—If the Secretary 

13 approves an application for certification pursuant to 

14 paragraph (2), the Secretary shall, not more than 10 

15 days after making the determination— 

16 ‘‘(A) issue a certification stating that— 

17 ‘‘(i) the tribal energy development or18 ganization is organized under the laws of 

19 the Indian tribe and subject to the juris20 diction and authority of the Indian tribe; 

21 ‘‘(ii) the majority of the interest in 

22 the tribal energy development organization 

23 is owned and controlled by the Indian tribe 

24 (or the Indian tribe and 1 or more other 

25 Indian tribes); 

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1 ‘‘(iii) the organizing document of the 

2 tribal energy development organization re3 quires that the Indian tribe (or the Indian 

4 tribe and 1 or more other Indian tribes) 

5 own and control at all times a majority of 

6 the interest in the tribal energy develop7 ment organization; and 

8 ‘‘(iv) the certification is issued pursu9 ant this subsection; 

10 ‘‘(B) deliver a copy of the certification to 

11 the Indian tribe; and 

12 ‘‘(C) publish the certification in the Fed13 eral Register. 

14 ‘‘(i) SOVEREIGN IMMUNITY.—Nothing in this section 

15 waives the sovereign immunity of an Indian tribe.’’. 

16 (b) REGULATIONS.—Not later than 1 year after the 

17 date of enactment of the Indian Tribal Energy Develop18 ment and Self-Determination Act Amendments of 2011 

19 2012, the Secretary shall promulgate or update any regu20 lations that are necessary to implement this section, in21 cluding provisions to implement— 

22 (1) section 2604(g) of the Energy Policy Act of 

23 1992 (25 U.S.C. 3504(g)) including the manner in 

24 which the Secretary, at the request of an Indian 

25 tribe, shall— 

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1 (A) identify the programs, functions, serv2 ices, and activities (or any portions of pro3 grams, functions, services, or activities) that the 

4 Secretary will not have to operate or carry out 

5 as a result of the Indian tribe carrying out ac6 tivities under a tribal energy resource agree7 ment; 

8 (B) identify the amounts that the Sec9 retary would have otherwise expended to oper10 ate or carry out each program, function, serv11 ice, and activity (or any portion of a program, 

12 function, service, or activity) identified pursu13 ant to subparagraph (A); and 

14 (C) provide to the Indian tribe a list of the 

15 programs, functions, services, and activities (or 

16 any portions of programs, functions, services, or 

17 activities) identified pursuant subparagraph (A) 

18 and the amounts associated with each program, 

19 function, service, and activity (or any portion of 

20 a program, function, service, or activity) identi21 fied pursuant to subparagraph (B); and 

22 (2) section 2604(h) of the Energy Policy Act of 

23 1992 (25 U.S.C. 3504(h)), including the process to 

24 be followed by, and any applicable criteria and documstockstill on DSK4VPTVN1PROD with 

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1 mentation required for, an Indian tribe to request 

2 and obtain the certification described in that section. 

3 SEC. 104. CONFORMING AMENDMENTS. 

4 (a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT

5 ORGANIZATION.—Section 2601 of the Energy Policy Act 

6 of 1992 (25 U.S.C. 3501) is amended by striking para7 graph (11) and inserting the following: 

8 ‘‘(11) TRIBAL ENERGY DEV ELOPMENT ORGANI9 ZATION.—The term ‘tribal energy development orga10 nization’ means— 

11 ‘‘(11) The term ‘tribal energy development or12 ganization’ means— 

13 ‘‘(A) any enterprise, partnership, consor14 tium, corporation, or other type of business or15 ganization that is engaged in the development 

16 of energy resources and is wholly owned by an 

17 Indian tribe (including an organization incor18 porated pursuant to section 17 of the Indian 

19 Reorganization Act of 1934 (25 U.S.C. 477) or 

20 section 3 of the Act of June 26, 1936 (25 

21 U.S.C. 503) (commonly known as the ‘Okla22 homa Indian Welfare Act’)); or 

23 ‘‘(B) any organization of 2 or more enti24 ties, at least 1 of which is an Indian tribe, that 

25 has the written consent of the governing bodies 

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1 of all Indian tribes participating in the organi2 zation to apply for a grant, loan, or other as3 sistance under section 2602 or to enter into a 

4 lease or business agreement with, or acquire a 

5 right-of-way from, an Indian tribe pursuant to 

6 subsection (a)(2)(A)(ii) or (b)(2)(B) of section 

7 2604.’’. 

8 (b) INDIAN TRIBAL ENERGY RESOURCE DEVELOP9 MENT.—Section 2602 of the Energy Policy Act of 1992 

10 (25 U.S.C. 3502) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1), by striking ‘‘tribal 

13 energy resource development organizations’’ 

14 and inserting ‘‘tribal energy development orga15 nizations’’; and 

16 (B) in paragraph (2), by striking ‘‘tribal 

17 energy resource development organizations’’ 

18 each place it appears and inserting ‘‘tribal en19 ergy development organizations’’; and 

20 (2) in subsection (b)(2), by striking ‘‘tribal en21 ergy resource development organization’’ and insert22 ing ‘‘tribal energy development organization’’. 

23 (c) WIND AND HYDROPOWER FEASIBILITY STUDY.— 

24 Section 2606(c)(3) of the Energy Policy Act of 1992 (25 

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1 U.S.C. 3506(c)(3)) is amended by striking ‘‘energy re2 source development’’ and inserting ‘‘energy development’’. 

3 (d) CONFORMING AMENDMENTS.—Section 2604(e) 

4 of the Energy Policy Act of 1992 (25 U.S.C. 3504(e)) is 

5 amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘(1) On the date’’ and in8 serting the following: 

9 ‘‘(1) IN GENERAL.—On the date’’; and 

10 (B) by striking ‘‘for approval’’; 

11 (2) in paragraph (2)(B)(iv) (as redesignated by 

12 section 4(a)(4)(A)(ii)(III))— 

13 (A) in subclause (XIV), by inserting ‘‘and’’ 

14 after the semicolon at the end; 

15 (B) by striking subclause (XV); and 

16 (C) by redesignating subclause (XVI) as 

17 subclause (XV); 

18 (3) in paragraph (3)— 

19 (A) by striking ‘‘(3) The Secretary’’ and 

20 inserting the following: 

21 ‘‘(3) NOTICE AND COMMENT; SECRETARIAL RE22 VIEW.—The Secretary’’; and 

23 (B) by striking ‘‘for approval’’; 

24 (4) in paragraph (4), by striking ‘‘(4) If the 

25 Secretary’’ and inserting the following: 

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1 ‘‘(4) ACTION IN CASE OF DISAPPROVAL.—If the 

2 Secretary’’; 

3 (5) in paragraph (5)— 

4 (A) by striking ‘‘(5) If an Indian tribe’’ 

5 and inserting the following: 

6 ‘‘(5) PROVISION OF DOCUMENTS TO SEC7 RETARY.—If an Indian tribe’’; and 

8 (B) in the matter preceding subparagraph 

9 (A), by striking ‘‘approved’’ and inserting ‘‘in 

10 effect’’; 

11 (6) in paragraph (6)— 

12 (A) by striking ‘‘(6)(A) In carrying out’’ 

13 and inserting the following: 

14 ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT

15 OF SECTION.— 

16 ‘‘(A) In carrying out’’; 

17 (B) in subparagraph (A), by indenting 

18 clauses (i) and (ii) appropriately; 

19 (C) in subparagraph (B), by striking ‘‘ap20 proved’’ and inserting ‘‘in effect’’; and 

21 (D) in subparagraph (D)— 

22 (i) in clause (i), by striking ‘‘an ap23 proved tribal energy resource agreement’’ 

24 and inserting ‘‘a tribal energy resource 

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1 agreement in effect under this section’’; 

2 and 

3 (ii) in clause (ii), by striking ‘‘ap4 proved by the Secretary’’ and inserting ‘‘in 

5 effect’’; and 

6 (7) in paragraph (7)— 

7 (A) by striking ‘‘(7)(A) In this paragraph’’ 

8 and inserting the following: 

9 ‘‘(7) PETITIONS BY INTERESTED PARTIES.— 

10 ‘‘(A) In this paragraph’’; 

11 (B) in subparagraph (A), by striking ‘‘ap12 proved by the Secretary’’ and inserting ‘‘in ef13 fect’’; 

14 (C) in subparagraph (B), by striking ‘‘ap15 proved by the Secretary’’ and inserting ‘‘in ef16 fect’’; and 

17 (D) in subparagraph (D)(iii)— 

18 (i) in subclause (I), by striking ‘‘ap19 proved’’; and 

20 (ii) in subclause (II)— 

21 (I) by striking ‘‘approval of’’ in 

22 the first place it appears; and 

23 (II) by striking ‘‘subsection (a) 

24 or (b)’’ and inserting ‘‘subsection 

25 (a)(2)(A)(i) or (b)(2)(A)’’. 

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1 SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 

2 GOVERNMENTS. 

3 Section 2602(b) of the Energy Policy Act of 1992 (25 

4 U.S.C. 3502(b)) is amended— 

5 (1) by redesignating paragraphs (3) through (6) 

6 as paragraphs (4) through (7), respectively; and 

7 (2) by inserting after paragraph (2) the fol8 lowing: 

9 ‘‘(3) TECHNICAL AND SCIENTIFIC RESOURCES.— 

10 In addition to providing grants to Indian tribes 

11 under this subsection, the Secretary shall collaborate 

12 with the Directors of the National Laboratories in 

13 making the full array of technical and scientific re14 sources of the Department of Energy available for 

15 tribal energy activities and projects.’’. 

16 SEC. 105. INDIAN ENERGY EFFICIENCY. 

17 Part D of title III of the Energy Policy and Conserva18 tion Act (42 U.S.C. 6321 et seq.) is amended by adding 

19 at the end the following: 

20 ‘‘SEC. 367. INDIAN ENERGY EFFICIENCY PROGRAM. 

21 ‘‘(a) DEFINITION OF INDIAN TRIBE.—In this section, 

22 the term ‘Indian tribe’ has the meaning given the term in 

23 section 4 of the Indian Self-Determination and Education 

24 Assistance Act (25 U.S.C. 450b). 

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1 ‘‘(b) PURPOSE.—The purpose of the grants provided 

2 under subsection (d) shall be to assist Indian tribes in im3 plementing strategies— 

4 ‘‘(1) to reduce fossil fuel emissions created as a 

5 result of activities within the jurisdictions of eligible 

6 entities in a manner that— 

7 ‘‘(A) is environmentally sustainable; and 

8 ‘‘(B) to the maximum extent practicable, 

9 maximizes benefits for Indian tribes and tribal 

10 members; 

11 ‘‘(2) to increase the energy efficiency of Indian 

12 tribes and tribal members; and 

13 ‘‘(3) to improve energy efficiency in— 

14 ‘‘(A) the transportation sector; 

15 ‘‘(B) the building sector; and 

16 ‘‘(C) other appropriate sectors. 

17 ‘‘(c) TRIBAL ALLOCATION.—Of the amount of funds 

18 authorized to be appropriated for each fiscal year under sec19 tion 365(f) to carry out this part, the Secretary shall allo20 cate not less than 2.5 percent of the funds for each fiscal 

21 year to be distributed to Indian tribes in accordance with 

22 subsection (d). 

23 ‘‘(d) GRANTS.—Of the amounts available for distribu24 tion under subsection (c), the Secretary shall establish a 

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1 competitive process for providing grants under this section 

2 that gives priority to projects that— 

3 ‘‘(1) increase energy efficiency and energy con4 servation rather than new energy generation projects; 

5 ‘‘(2) integrate cost-effective renewable energy 

6 with energy efficiency; 

7 ‘‘(3) move beyond the planning stage and are 

8 ready for implementation; 

9 ‘‘(4) clearly articulate and demonstrate the abil10 ity to achieve measurable goals; 

11 ‘‘(5) have the potential to make an impact in the 

12 government buildings, infrastructure, communities, 

13 and land of an Indian tribe; and 

14 ‘‘(6) maximize the creation or retention of jobs 

15 on Indian land. 

16 ‘‘(e) USE OF FUNDS.—An Indian tribe may use a 

17 grant received under this section to carry out activities to 

18 achieve the purposes described in subsection (b), includ19 ing— 

20 ‘‘(1) the development and implementation of en21 ergy efficiency and conservation strategies; 

22 ‘‘(2) the retention of technical consultant services 

23 to assist the Indian tribe in the development of an en24 ergy efficiency and conservation strategy, including— 

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1 ‘‘(A) the formulation of energy efficiency, 

2 energy conservation, and energy usage goals; 

3 ‘‘(B) the identification of strategies to 

4 achieve the goals— 

5 ‘‘(i) through efforts to increase energy 

6 efficiency and reduce energy consumption; 

7 and 

8 ‘‘(ii) by encouraging behavioral 

9 changes among the population served by the 

10 Indian tribe; 

11 ‘‘(C) the development of methods to measure 

12 progress in achieving the goals; 

13 ‘‘(D) the development and publication of 

14 annual reports to the population served by the 

15 eligible entity describing— 

16 ‘‘(i) the strategies and goals; and 

17 ‘‘(ii) the progress made in achieving 

18 the strategies and goals during the pre19 ceding calendar year; and 

20 ‘‘(E) other services to assist in the imple21 mentation of the energy efficiency and conserva22 tion strategy; 

23 ‘‘(3) the implementation of residential and com24 mercial building energy audits; 

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1 ‘‘(4) the establishment of financial incentive pro2 grams for energy efficiency improvements; 

3 ‘‘(5) the provision of grants for the purpose of 

4 performing energy efficiency retrofits; 

5 ‘‘(6) the development and implementation of en6 ergy efficiency and conservation programs for build7 ings and facilities within the jurisdiction of the In8 dian tribe, including— 

9 ‘‘(A) the design and operation of the pro10 grams; 

11 ‘‘(B) the identification of the most effective 

12 methods of achieving maximum participation 

13 and efficiency rates; 

14 ‘‘(C) the education of the members of an In15 dian tribe; 

16 ‘‘(D) the measurement and verification pro17 tocols of the programs; and 

18 ‘‘(E) the identification of energy efficient 

19 technologies; 

20 ‘‘(7) the development and implementation of pro21 grams to conserve energy used in transportation, in22 cluding— 

23 ‘‘(A) the use of— 

24 ‘‘(i) flextime by employers; or 

25 ‘‘(ii) satellite work centers; 

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1 ‘‘(B) the development and promotion of zon2 ing guidelines or requirements that promote en3 ergy-efficient development; 

4 ‘‘(C) the development of infrastructure, in5 cluding bike lanes, pathways, and pedestrian 

6 walkways; 

7 ‘‘(D) the synchronization of traffic signals; 

8 and 

9 ‘‘(E) other measures that increase energy ef10 ficiency and decrease energy consumption; 

11 ‘‘(8) the development and implementation of 

12 building codes and inspection services to promote 

13 building energy efficiency; 

14 ‘‘(9) the application and implementation of en15 ergy distribution technologies that significantly in16 crease energy efficiency, including— 

17 ‘‘(A) distributed resources; and 

18 ‘‘(B) district heating and cooling systems; 

19 ‘‘(10) the implementation of activities to increase 

20 participation and efficiency rates for material con21 servation programs, including source reduction, recy22 cling, and recycled content procurement programs 

23 that lead to increases in energy efficiency; 

24 ‘‘(11) the purchase and implementation of tech25 nologies to reduce, capture, and, to the maximum exmstockstill on DSK4VPTVN1PROD with 

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1 tent practicable, use methane and other greenhouse 

2 gases generated by landfills or similar sources; 

3 ‘‘(12) the replacement of traffic signals and street 

4 lighting with energy-efficient lighting technologies, in5 cluding— 

6 ‘‘(A) light-emitting diodes; and 

7 ‘‘(B) any other technology of equal or great8 er energy efficiency; 

9 ‘‘(13) the development, implementation, and in10 stallation on or in any government building of the 

11 Indian tribe of onsite renewable energy technology 

12 that generates electricity from renewable resources, in13 cluding— 

14 ‘‘(A) solar energy; 

15 ‘‘(B) wind energy; 

16 ‘‘(C) fuel cells; and 

17 ‘‘(D) biomass; and 

18 ‘‘(14) any other appropriate activity, as deter19 mined by the Secretary, in consultation with— 

20 ‘‘(A) the Secretary of the Interior; 

21 ‘‘(B) the Administrator of the Environ22 mental Protection Agency; 

23 ‘‘(C) the Secretary of Transportation; 

24 ‘‘(D) the Secretary of Housing and Urban 

25 Development; and 

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1 ‘‘(E) Indian tribes. 

2 ‘‘(f) GRANT APPLICATIONS.— 

3 ‘‘(1) IN GENERAL.— 

4 ‘‘(A) APPLICATION.—To apply for a grant 

5 under this section, an Indian tribe shall submit 

6 to the Secretary a proposed energy efficiency and 

7 conservation strategy in accordance with this 

8 paragraph. 

9 ‘‘(B) CONTENTS.—A proposed strategy de10 scribed in subparagraph (A) shall include a de11 scription of— 

12 ‘‘(i) the goals of the Indian tribe for 

13 increased energy efficiency and conservation 

14 in the jurisdiction of the Indian tribe; and 

15 ‘‘(ii) the manner in which— 

16 ‘‘(I) the proposed strategy com17 plies with the restrictions described in 

18 subsection (e); and 

19 ‘‘(II) a grant will allow the In20 dian tribe fulfill the goals of the pro21 posed strategy. 

22 ‘‘(2) APPROVAL.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall ap24 prove or disapprove a proposed strategy under 

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1 paragraph (1) by not later than 120 days after 

2 the date of submission of the proposed strategy. 

3 ‘‘(B) DISAPPROVAL.—If the Secretary dis4 approves a proposed strategy under paragraph 

5 (1)— 

6 ‘‘(i) the Secretary shall provide to the 

7 Indian tribe the reasons for the disapproval; 

8 and 

9 ‘‘(ii) the Indian tribe may revise and 

10 resubmit the proposed strategy as many 

11 times as necessary, until the Secretary ap12 proves a proposed strategy. 

13 ‘‘(C) REQUIREMENT.—The Secretary shall 

14 not provide to an Indian tribe a grant under 

15 this section until a proposed strategy is approved 

16 by the Secretary. 

17 ‘‘(3) LIMITATIONS ON USE OF FUNDS.—Of the 

18 amounts provided to an Indian tribe under this sec19 tion, an Indian tribe may use for administrative ex20 penses, excluding the cost of the reporting require21 ments of this section, an amount equal to the greater 

22 of— 

23 ‘‘(A) 10 percent of the administrative ex24 penses; or 

25 ‘‘(B) $75,000. 

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1 ‘‘(4) ANNUAL REPORT.—Not later than 2 years 

2 after the date on which funds are initially provided 

3 to an Indian tribe under this section, and annually 

4 thereafter, the Indian tribe shall submit to the Sec5 retary a report describing— 

6 ‘‘(A) the status of development and imple7 mentation of the energy efficiency and conserva8 tion strategy; and 

9 ‘‘(B) to the maximum extent practicable, an 

10 assessment of energy efficiency gains within the 

11 jurisdiction of the Indian tribe.’’. 

12 SEC. 106. CONFORMING AMENDMENTS. 

13 (a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT

14 ORGANIZATION.—Section 2601 of the Energy Policy Act of 

15 1992 (25 U.S.C. 3501) is amended by striking paragraph 

16 (11) and inserting the following: 

17 ‘‘(11) The term ‘tribal energy development orga18 nization’ means— 

19 ‘‘(A) any enterprise, partnership, consor20 tium, corporation, or other type of business orga21 nization that is engaged in the development of 

22 energy resources and is wholly owned by an In23 dian tribe (including an organization incor24 porated pursuant to section 17 of the Indian Re25 organization Act of 1934 (25 U.S.C. 477) or secmstockstill on DSK4VPTVN1PROD with 

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1 tion 3 of the Act of June 26, 1936 (25 U.S.C. 

2 503) (commonly known as the ‘Oklahoma Indian 

3 Welfare Act’)); or 

4 ‘‘(B) any organization of 2 or more entities, 

5 at least 1 of which is an Indian tribe, that has 

6 the written consent of the governing bodies of all 

7 Indian tribes participating in the organization 

8 to apply for a grant, loan, or other assistance 

9 under section 2602 or to enter into a lease or 

10 business agreement with, or acquire a right-of11 way from, an Indian tribe pursuant to sub12 section (a)(2)(A)(ii) or (b)(2)(B) of section 

13 2604.’’. 

14 (b) INDIAN TRIBAL ENERGY RESOURCE DEVELOP15 MENT.—Section 2602 of the Energy Policy Act of 1992 (25 

16 U.S.C. 3502) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1), by striking ‘‘tribal 

19 energy resource development organizations’’ and 

20 inserting ‘‘tribal energy development organiza21 tions’’; and 

22 (B) in paragraph (2), by striking ‘‘tribal 

23 energy resource development organizations’’ each 

24 place it appears and inserting ‘‘tribal energy de25 velopment organizations’’; and 

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1 (2) in subsection (b)(2), by striking ‘‘tribal en2 ergy resource development organization’’ and insert3 ing ‘‘tribal energy development organization’’. 

4 (c) WIND AND HYDROPOWER FEASIBILITY STUDY.— 

5 Section 2606(c)(3) of the Energy Policy Act of 1992 (25 

6 U.S.C. 3506(c)(3)) is amended by striking ‘‘energy resource 

7 development’’ and inserting ‘‘energy development’’. 

8 (d) CONFORMING AMENDMENTS.—Section 2604(e) of 

9 the Energy Policy Act of 1992 (25 U.S.C. 3504(e)) is 

10 amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘(1) On the date’’ and in13 serting the following: 

14 ‘‘(1) IN GENERAL.—On the date’’; and 

15 (B) by striking ‘‘for approval’’; 

16 (2) in paragraph (2)(B)(iv) (as redesignated by 

17 section 4(a)(4)(A)(ii)(III))— 

18 (A) in subclause (XIV), by inserting ‘‘and’’ 

19 after the semicolon at the end; 

20 (B) by striking subclause (XV); and 

21 (C) by redesignating subclause (XVI) as 

22 subclause (XV); 

23 (3) in paragraph (3)— 

24 (A) by striking ‘‘(3) The Secretary’’ and in25 serting the following: 

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1 ‘‘(3) NOTICE AND COMMENT; SECRETARIAL RE2 VIEW.—The Secretary’’; and 

3 (B) by striking ‘‘for approval’’; 

4 (4) in paragraph (4), by striking ‘‘(4) If the Sec5 retary’’ and inserting the following: 

6 ‘‘(4) ACTION IN CASE OF DISAPPROVAL.—If the 

7 Secretary’’; 

8 (5) in paragraph (5)— 

9 (A) by striking ‘‘(5) If an Indian tribe’’ 

10 and inserting the following: 

11 ‘‘(5) PROVISION OF DOCUMENTS TO SEC12 RETARY.—If an Indian tribe’’; and 

13 (B) in the matter preceding subparagraph 

14 (A), by striking ‘‘approved’’ and inserting ‘‘in 

15 effect’’; 

16 (6) in paragraph (6)— 

17 (A) by striking ‘‘(6)(A) In carrying out’’ 

18 and inserting the following: 

19 ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT OF

20 SECTION.— 

21 ‘‘(A) In carrying out’’; 

22 (B) in subparagraph (A), by indenting 

23 clauses (i) and (ii) appropriately; 

24 (C) in subparagraph (B), by striking ‘‘ap25 proved’’ and inserting ‘‘in effect’’; and 

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1 (D) in subparagraph (D)— 

2 (i) in clause (i), by striking ‘‘an ap3 proved tribal energy resource agreement’’ 

4 and inserting ‘‘a tribal energy resource 

5 agreement in effect under this section’’; and 

6 (ii) in clause (ii), by striking ‘‘ap7 proved by the Secretary’’ and inserting ‘‘in 

8 effect’’; and 

9 (7) in paragraph (7)— 

10 (A) by striking ‘‘(7)(A) In this paragraph’’ 

11 and inserting the following: 

12 ‘‘(7) PETITIONS BY INTERESTED PARTIES.— 

13 ‘‘(A) In this paragraph’’; 

14 (B) in subparagraph (A), by striking ‘‘ap15 proved by the Secretary’’ and inserting ‘‘in ef16 fect’’; 

17 (C) in subparagraph (B), by striking ‘‘ap18 proved by the Secretary’’ and inserting ‘‘in ef19 fect’’; and 

20 (D) in subparagraph (D)(iii)— 

21 (i) in subclause (I), by striking ‘‘ap22 proved’’; and 

23 (ii) in subclause (II)— 

24 (I) by striking ‘‘approval of’’ in 

25 the first place it appears; and 

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1 (II) by striking ‘‘subsection (a) or 

2 (b)’’ and inserting ‘‘subsection 

3 (a)(2)(A)(i) or (b)(2)(A)’’. 

4 TITLE II—MISCELLANEOUS 

5 AMENDMENTS 

6 SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LI7 CENSES. 

8 (a) IN GENERAL.—Section 7(a) of the Federal Power 

9 Act (16 U.S.C. 800(a)) is amended by striking ‘‘States 

10 and municipalities’’ and inserting ‘‘States, Indian tribes, 

11 and municipalities’’. 

12 (b) APPLICABILITY.—The amendment made by sub13 section (a) shall not affect— 

14 (1) any preliminary permit or original license 

15 issued before the date of enactment of the Indian 

16 Tribal Energy Development and Self-Determination 

17 Act Amendments of 2011 2012; or 

18 (2) an application for an original license, if the 

19 Commission has issued a notice accepting that appli20 cation for filing pursuant to section 4.32(d) of title 

21 18, Code of Federal Regulations (or successor regu22 lations), before the date of enactment of the Indian 

23 Tribal Energy Development and Self-Determination 

24 Act Amendments of 2011 2012. 

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1 (c) DEFINITION OF INDIAN TRIBE.—For purposes of 

2 section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) 

3 (as amended by subsection (a)), the term ‘‘Indian tribe’’ 

4 has the meaning given the term in section 4 of the Indian 

5 Self-Determination and Education Assistance Act (25 

6 U.S.C. 450b). 

7 SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

8 The Tribal Forest Protection Act of 2004 (Public 

9 Law 108–278; 118 Stat. 868) is amended— 

10 (1) in section 2(a), by striking ‘‘In this section’’ 

11 and inserting ‘‘In this Act’’; and 

12 (2) by adding at the end the following: 

13 ‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

14 ‘‘(a) IN GENERAL.—For each of fiscal years 2013 

15 through 2017, the Secretary shall enter into stewardship 

16 contracts or similar agreements (excluding direct service 

17 contracts) with Indian tribes to carry out demonstration 

18 projects to promote biomass energy production (including 

19 biofuel, heat, and electricity generation) on Indian forest 

20 land and in nearby communities by providing reliable sup21 plies of woody biomass from Federal land. 

22 ‘‘(b) DEMONSTRATION PROJECTS.—In each fiscal 

23 year for which projects are authorized, at least 4 new dem24 onstration projects that meet the eligibility criteria demstockstill on DSK4VPTVN1PROD with 

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1 scribed in subsection (c) shall be carried out under con2 tracts or agreements described in subsection (a). 

3 ‘‘(c) ELIGIBILITY CRITERIA.—To be eligible to enter 

4 into a contract or agreement under this subsection, an In5 dian tribe shall submit to the Secretary an application— 

6 ‘‘(1) containing such information as the Sec7 retary may require; and 

8 ‘‘(2) that includes a description of— 

9 ‘‘(A) the Indian forest land or rangeland 

10 under the jurisdiction of the Indian tribe; and 

11 ‘‘(B) the demonstration project proposed 

12 to be carried out by the Indian tribe. 

13 ‘‘(d) SELECTION.—In evaluating the applications 

14 submitted under subsection (c), the Secretary shall— 

15 ‘‘(1) take into consideration— 

16 ‘‘(A) the factors set forth in paragraphs 

17 (1) and (2) of section 2(e); and 

18 ‘‘(B) whether a proposed project would— 

19 ‘‘(i) increase the availability or reli20 ability of local or regional energy; 

21 ‘‘(ii) enhance the economic develop22 ment of the Indian tribe; 

23 ‘‘(iii) result in or improve the connec24 tion of electric power transmission facilities 

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1 serving the Indian tribe with other electric 

2 transmission facilities; 

3 ‘‘(iv) improve the forest health or wa4 tersheds of Federal land or Indian forest 

5 land or rangeland; 

6 ‘‘(v) demonstrate new investments in 

7 infrastructure; or 

8 ‘‘(vi) otherwise promote the use of 

9 woody biomass; and 

10 ‘‘(2) exclude from consideration any merchant11 able logs that have been identified by the Secretary 

12 for commercial sale. 

13 ‘‘(e) IMPLEMENTATION.—The Secretary shall— 

14 ‘‘(1) ensure that the criteria described in sub15 section (c) are publicly available by not later than 

16 120 days after the date of enactment of this section; 

17 and 

18 ‘‘(2) to the maximum extent practicable, consult 

19 with Indian tribes and appropriate intertribal orga20 nizations likely to be affected in developing the ap21 plication and otherwise carrying out this section. 

22 ‘‘(f) REPORT.—Not later than September 20, 2015, 

23 the Secretary shall submit to Congress a report that de24 scribes, with respect to the reporting period— 

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1 ‘‘(1) each individual tribal application received 

2 under this section; and 

3 ‘‘(2) each contract and agreement entered into 

4 pursuant to this section. 

5 ‘‘(g) INCORPORATION OF MANAGEMENT PLANS.—In 

6 carrying out a contract or agreement under this section, 

7 on receipt of a request from an Indian tribe, the Secretary 

8 shall incorporate into the contract or agreement, to the 

9 extent practicable, management plans (including forest 

10 management and integrated resource management plans) 

11 in effect on the Indian forest land or rangeland of the re12 spective Indian tribe. 

13 ‘‘(h) TERM.—A contract or agreement entered into 

14 under this section— 

15 ‘‘(1) shall be for a term of not more than 20 

16 years; and 

17 ‘‘(2) may be renewed in accordance with this 

18 section for not more than an additional 10 years.’’. 

19 SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

20 (a) PURPOSE.—The purpose of this section is to estab21 lish a biomass demonstration project for federally recog22 nized Indian tribes and Alaska Native corporations to pro23 mote biomass energy production. 

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1 (b) TRIBAL BIOMASS DEMONSTRATION PROJECT.— 

2 The Tribal Forest Protection Act of 2004 (Public Law 108– 

3 278; 118 Stat. 868) is amended— 

4 (1) in section 2(a), by striking ‘‘In this section’’ 

5 and inserting ‘‘In this Act’’; and 

6 (2) by adding at the end the following: 

7 ‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

8 ‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREE9 MENTS.—For each of fiscal years 2013 through 2017, the 

10 Secretary shall enter into stewardship contracts or similar 

11 agreements (excluding direct service contracts) with Indian 

12 tribes to carry out demonstration projects to promote bio13 mass energy production (including biofuel, heat, and elec14 tricity generation) on Indian forest land and in nearby 

15 communities by providing reliable supplies of woody bio16 mass from Federal land. 

17 ‘‘(b) DEMONSTRATION PROJECTS.—In each fiscal year 

18 for which projects are authorized, at least 4 new demonstra19 tion projects that meet the eligibility criteria described in 

20 subsection (c) shall be carried out under contracts or agree21 ments described in subsection (a). 

22 ‘‘(c) ELIGIBILITY CRITERIA.—To be eligible to enter 

23 into a contract or agreement under this section, an Indian 

24 tribe shall submit to the Secretary an application— 

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1 ‘‘(1) containing such information as the Sec2 retary may require; and 

3 ‘‘(2) that includes a description of— 

4 ‘‘(A) the Indian forest land or rangeland 

5 under the jurisdiction of the Indian tribe; and 

6 ‘‘(B) the demonstration project proposed to 

7 be carried out by the Indian tribe. 

8 ‘‘(d) SELECTION.—In evaluating the applications sub9 mitted under subsection (c), the Secretary shall— 

10 ‘‘(1) take into consideration— 

11 ‘‘(A) the factors set forth in paragraphs (1) 

12 and (2) of section 2(e); and 

13 ‘‘(B) whether a proposed project would— 

14 ‘‘(i) increase the availability or reli15 ability of local or regional energy; 

16 ‘‘(ii) enhance the economic development 

17 of the Indian tribe; 

18 ‘‘(iii) result in or improve the connec19 tion of electric power transmission facilities 

20 serving the Indian tribe with other electric 

21 transmission facilities; 

22 ‘‘(iv) improve the forest health or wa23 tersheds of Federal land or Indian forest 

24 land or rangeland; 

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1 ‘‘(v) demonstrate new investments in 

2 infrastructure; or 

3 ‘‘(vi) otherwise promote the use of 

4 woody biomass; and 

5 ‘‘(2) exclude from consideration any merchant6 able logs that have been identified by the Secretary for 

7 commercial sale. 

8 ‘‘(e) IMPLEMENTATION.—The Secretary shall— 

9 ‘‘(1) ensure that the criteria described in sub10 section (c) are publicly available by not later than 

11 120 days after the date of enactment of this section; 

12 and 

13 ‘‘(2) to the maximum extent practicable, consult 

14 with Indian tribes and appropriate intertribal orga15 nizations likely to be affected in developing the appli16 cation and otherwise carrying out this section. 

17 ‘‘(f) REPORT.—Not later than September 20, 2015, the 

18 Secretary shall submit to Congress a report that describes, 

19 with respect to the reporting period— 

20 ‘‘(1) each individual tribal application received 

21 under this section; and 

22 ‘‘(2) each contract and agreement entered into 

23 pursuant to this section. 

24 ‘‘(g) INCORPORATION OF MANAGEMENT PLANS.—In 

25 carrying out a contract or agreement under this section, 

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1 on receipt of a request from an Indian tribe, the Secretary 

2 shall incorporate into the contract or agreement, to the 

3 maximum extent practicable, management plans (including 

4 forest management and integrated resource management 

5 plans) in effect on the Indian forest land or rangeland of 

6 the respective Indian tribe. 

7 ‘‘(h) TERM.—A contract or agreement entered into 

8 under this section— 

9 ‘‘(1) shall be for a term of not more than 20 

10 years; and 

11 ‘‘(2) may be renewed in accordance with this sec12 tion for not more than an additional 10 years.’’. 

13 (c) ALASKA NATIVE CORPORATION BIOMASS DEM14 ONSTRATION PROJECT.— 

15 (1) DEFINITIONS.—In this subsection: 

16 (A) ALASKA NATIVE CORPORATION.—The 

17 term ‘‘Alaska Native corporation’’ has the mean18 ing given the term ‘‘Native Corporation’’ in sec19 tion 3 of the Alaska Native Claims Settlement 

20 Act (43 U.S.C. 1602). 

21 (B) FEDERAL LAND.—The term ‘‘Federal 

22 land’’ means— 

23 (i) land of the National Forest System 

24 (as defined in section 11(a) of the Forest 

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1 ning Act of 1974 (16 U.S.C. 1609(a)) ad2 ministered by the Secretary of Agriculture, 

3 acting through the Chief of the Forest Serv4 ice; and 

5 (ii) public lands (as defined in section 

6 103 of the Federal Land Policy Manage7 ment Act of 1976 (43 U.S.C. 1702)), the 

8 surface of which is administered by the Sec9 retary of the Interior, acting through the 

10 Director of the Bureau of Land Manage11 ment. 

12 (C) FOREST LAND.—The term ‘‘forest land’’ 

13 means land that— 

14 (i) is conveyed to an Alaska Native 

15 corporation pursuant to the Alaska Native 

16 Claims Settlement Act (43 U.S.C. 1601 et 

17 seq.); and 

18 (ii)(I) is considered chiefly valuable for 

19 the production of forest products or to 

20 maintain watershed or other land values en21 hanced by a forest cover (including commer22 cial and noncommercial timberland and 

23 woodland), regardless of whether a formal 

24 inspection and land classification action 

25 has been taken; or 

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1 (II) formerly had a forest or vegetative 

2 cover that is capable of restoration. 

3 (D) SECRETARY.—The term ‘‘Secretary’’ 

4 means— 

5 (i) the Secretary of Agriculture, with 

6 respect to land under the jurisdiction of the 

7 Forest Service; and 

8 (ii) the Secretary of the Interior, with 

9 respect to land under the jurisdiction of the 

10 Bureau of Land Management. 

11 (2) AGREEMENTS.—For each of fiscal years 2013 

12 through 2017, the Secretary shall enter into a stew13 ardship contract or similar agreement (excluding a 

14 direct service contract) with 1 or more Alaska Native 

15 corporations to carry out a demonstration project to 

16 promote biomass energy production (including 

17 biofuel, heat, and electricity generation) on forest 

18 land of the Alaska Native corporations and in nearby 

19 communities by providing reliable supplies of woody 

20 biomass from Federal land. 

21 (3) DEMONSTRATION PROJECTS.—In each fiscal 

22 year for which projects are authorized, at least 1 new 

23 demonstration project that meets the eligibility cri24 teria described in paragraph (4) shall be carried out 

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1 under contracts or agreements described in paragraph 

2 (2). 

3 (4) ELIGIBILITY CRITERIA.—To be eligible to 

4 enter into a contract or agreement under this sub5 section, an Alaska Native corporation shall submit to 

6 the Secretary an application— 

7 (A) containing such information as the Sec8 retary may require; and 

9 (B) that includes a description of— 

10 (i) the forest land or rangeland under 

11 the jurisdiction of the Alaska Native cor12 poration; and 

13 (ii) the demonstration project proposed 

14 to be carried out by the Alaska Native cor15 poration. 

16 (5) SELECTION.—In evaluating the applications 

17 submitted under paragraph (4), the Secretary shall— 

18 (A) take into consideration whether a pro19 posed project would— 

20 (i) increase the availability or reli21 ability of local or regional energy; 

22 (ii) enhance the economic development 

23 of the Alaska Native corporation; 

24 (iii) result in or improve the connec25 tion of electric power transmission facilities 

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1 serving the Alaska Native corporation with 

2 other electric transmission facilities; 

3 (iv) improve the forest health or water4 sheds of Federal land or Alaska Native cor5 poration forest land or rangeland; 

6 (v) demonstrate new investments in in7 frastructure; or 

8 (vi) otherwise promote the use of woody 

9 biomass; and 

10 (B) exclude from consideration any mer11 chantable logs that have been identified by the 

12 Secretary for commercial sale. 

13 (6) IMPLEMENTATION.—The Secretary shall— 

14 (A) ensure that the criteria described in 

15 paragraph (4) are publicly available by not later 

16 than 120 days after the date of enactment of this 

17 subsection; and 

18 (B) to the maximum extent practicable, 

19 consult with Alaska Native corporations and ap20 propriate Alaska Native organizations likely to 

21 be affected in developing the application and oth22 erwise carrying out this subsection. 

23 (7) REPORT.—Not later than September 20, 

24 2015, the Secretary shall submit to Congress a report 

25 that describes, with respect to the reporting period— 

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1 (A) each individual application received 

2 under this subsection; and 

3 (B) each contract and agreement entered 

4 into pursuant to this subsection. 

5 (8) TERM.—A contract or agreement entered into 

6 under this subsection— 

7 (A) shall be for a term of not more than 20 

8 years; and 

9 (B) may be renewed in accordance with this 

10 subsection for not more than an additional 10 

11 years. 

12 SEC. 203. WEATHERIZATION PROGRAM. 

13 Section 413(d) of the Energy Conservation and Pro14 duction Act (42 U.S.C. 6863(d)) is amended— 

15 (1) by striking paragraph (1) and inserting the 

16 following: 

17 ‘‘(1) RESERVATION OF AMOUNTS.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B) and notwithstanding any other provi20 sion of this part, the Secretary shall reserve 

21 from amounts that would otherwise be allocated 

22 to a State under this part not less than 100 

23 percent, but not more than 150 percent, of an 

24 amount which bears the same proportion to the 

25 allocation of that State for the applicable fiscal 

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1 year as the population of all low-income mem2 bers of an Indian tribe in that State bears to 

3 the population of all low-income individuals in 

4 that State. 

5 ‘‘(B) RESTRICTIONS.—Subparagraph (A) 

6 shall apply only if— 

7 ‘‘(i) the tribal organization serving the 

8 low-income members of the applicable In9 dian tribe requests that the Secretary 

10 make a grant directly; and 

11 ‘‘(ii) the Secretary determines that 

12 the low-income members of the applicable 

13 Indian tribe would be equally or better 

14 served by making a grant directly than a 

15 grant made to the State in which the low16 income members reside.’’; 

17 (2) in paragraph (2)— 

18 (A) by striking ‘‘The sums’’ and inserting 

19 ‘‘ADMINISTRATION.—The amounts’’; 

20 (B) by striking ‘‘on the basis of his deter21 mination’’; 

22 (C) by striking ‘‘individuals for whom such 

23 a determination has been made’’ and inserting 

24 ‘‘low-income members of the Indian tribe’’; and 

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1 (D) by striking ‘‘he’’ and inserting ‘‘the 

2 Secretary’’; and 

3 (3) in paragraph (3), by striking ‘‘In order’’ 

4 and inserting ‘‘APPLICATION.—In order’’. 

5 SEC. 204. APPRAISALS. 

6 (a) IN GENERAL.—Title XXVI of the Energy Policy 

7 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by adding 

8 at the end the following: 

9 ‘‘SEC. 2607. APPRAISALS. 

10 ‘‘(a) IN GENERAL.—For any transaction that requires 

11 approval of the Secretary and involves mineral or energy 

12 resources held in trust by the United States for the benefit 

13 of an Indian tribe or by an Indian tribe subject to Federal 

14 restrictions against alienation, any appraisal relating to 

15 fair market value of those resources required to be prepared 

16 under applicable law may be prepared by— 

17 ‘‘(1) the Secretary; 

18 ‘‘(2) the affected Indian tribe; or 

19 ‘‘(3) a certified, third-party appraiser pursuant 

20 to a contract with the Indian tribe. 

21 ‘‘(b) SECRETARIAL REVIEW AND APPROVAL.—Not 

22 later than 45 days after the date on which the Secretary 

23 receives an appraisal prepared by or for an Indian tribe 

24 under paragraph (2) or (3) of subsection (a), the Secretary 

25 shall— 

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1 ‘‘(1) review the appraisal; and 

2 ‘‘(2) approve the appraisal unless the Secretary 

3 determines that the appraisal fails to meet the stand4 ards set forth in regulations promulgated under sub5 section (d). 

6 ‘‘(c) NOTICE OF DISAPPROVAL.—If the Secretary deter7 mines that an appraisal submitted for approval under sub8 section (b) should be disapproved, the Secretary shall give 

9 written notice of the disapproval to the Indian tribe and 

10 a description of— 

11 ‘‘(1) each reason for the disapproval; and 

12 ‘‘(2) how the appraisal should be corrected or 

13 otherwise cured to meet the applicable standards set 

14 forth in the regulations promulgated under subsection 

15 (d). 

16 ‘‘(d) REGULATIONS.—The Secretary shall promulgate 

17 regulations to carry out this section, including standards 

18 the Secretary shall use for approving or disapproving the 

19 appraisal described in subsection (a).’’. 

20 SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NA21 TION. 

22 (a) IN GENERAL.—Subsection (e)(1) of the first section 

23 of the Act of August 9, 1955 (commonly known as the 

24 ‘‘Long-Term Leasing Act’’) (25 U.S.C. 415(e)(1)), is 

25 amended— 

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1 (1) by striking ‘‘, except a lease for’’ and insert2 ing ‘‘, including a lease for’’; 

3 (2) by striking subparagraph (A) and inserting 

4 the following: 

5 ‘‘(A) in the case of a business or agricul6 tural lease, 99 years;’’; 

7 (3) in subparagraph (B), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(C) in the case of a lease for the explo11 ration, development, or extraction of any min12 eral resource (including geothermal resources), 

13 25 years, except that— 

14 ‘‘(i) any such lease may include an op15 tion to renew for 1 additional term of not 

16 to exceed 25 years; and 

17 ‘‘(ii) any such lease for the exploration, 

18 development, or extraction of an oil or gas 

19 resource shall be for a term of not to exceed 

20 10 years, plus such additional period as the 

21 Navajo Nation determines to be appropriate 

22 in any case in which an oil or gas resource 

23 is produced in a paying quantity.’’. 

24 (b) GAO REPORT.—Not later than 5 years after the 

25 date of enactment of this Act, the Comptroller General of 

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1 the United States shall prepare and submit to Congress a 

2 report describing the progress made in carrying out the 

3 amendment made by subsection (a)(4). 

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Calendar No. 575 

112TH CONGRESS 

2D SESSION S. 1684 

[Report No. 112–263] 

A BILL 

To amend the Indian Tribal Energy Development 

other purposes. and Self-Determination Act of 2005, and for 

DECEMBER 21, 2012 

Reported with amendments 

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