II 

115TH CONGRESS 

1ST SESSION S. 245 

To amend the Indian Tribal Energy Development and Self Determination 

Act of 2005, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2017 

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

MORAN, and Ms. HEITKAMP) introduced the following bill; which was 

read twice and referred to the Committee on Indian Affairs 

A BILL 

To amend the Indian Tribal Energy Development and Self 

Determination 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Development and Self-Determination Act Amendments of 

6 2017’’. 

7 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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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. Technical assistance for Indian tribal governments. 

Sec. 105. Conforming amendments. 

Sec. 106. Report. 

TITLE II—MISCELLANEOUS AMENDMENTS 

Sec. 201. Issuance of preliminary permits or licenses. 

Sec. 202. Tribal biomass demonstration project. 

Sec. 203. Weatherization program. 

Sec. 204. Appraisals. 

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

Sec. 206. Extension of tribal lease period for the Crow Tribe of Montana. 

Sec. 207. Trust status of lease payments. 

1 TITLE I—INDIAN TRIBAL EN2 ERGY DEVELOPMENT AND 

3 SELF-DETERMINATION ACT 

4 AMENDMENTS 

5 SEC. 101. INDIAN TRIBAL ENERGY RESOURCE DEVELOP6 MENT. 

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

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

9 (1) in paragraph (2)— 

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

11 ‘‘and’’ after the semicolon; 

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

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

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

15 ‘‘(E) consult with each applicable Indian 

16 tribe before adopting or approving a well spac17 ing program or plan applicable to the energy reVerDate Sep 11 2014 23:31 Feb 03, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245

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1 sources of that Indian tribe or the members of 

2 that Indian tribe.’’; and 

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

4 ‘‘(4) PLANNING.— 

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

6 program established by paragraph (1), the Sec7 retary shall provide technical assistance to in8 terested Indian tribes to develop energy plans, 

9 including— 

10 ‘‘(i) plans for electrification; 

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

12 renewable energy permitting, energy effi13 ciency, electricity generation, transmission 

14 planning, water planning, and other plan15 ning relating to energy issues; 

16 ‘‘(iii) plans for the development of en17 ergy resources and to ensure the protection 

18 of natural, historic, and cultural resources; 

19 and 

20 ‘‘(iv) any other plans that would as21 sist an Indian tribe in the development or 

22 use of energy resources. 

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

24 program under paragraph (1), the Secretary 

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1 dian Energy Policy and Programs of the De2 partment of Energy.’’. 

3 (b) DEPARTMENT OF ENERGY INDIAN ENERGY EDU4 CATION PLANNING AND MANAGEMENT ASSISTANCE PRO5 GRAM.—Section 2602(b)(2) of the Energy Policy Act of 

6 1992 (25 U.S.C. 3502(b)(2)) is amended— 

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

8 by inserting ‘‘, intertribal organization,’’ after ‘‘In9 dian tribe’’; 

10 (2) by redesignating subparagraphs (C) and 

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

12 (3) by inserting after subparagraph (B) the fol13 lowing: 

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

15 Indian tribes to manage energy development 

16 and energy efficiency programs;’’. 

17 (c) DEPARTMENT OF ENERGY LOAN GUARANTEE

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

19 1992 (25 U.S.C. 3502(c)) is amended— 

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

21 energy development organization’’ after ‘‘Indian 

22 tribe’’; 

23 (2) in paragraph (3)— 


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1 (A) in the matter preceding subparagraph 

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

3 ‘‘guaranteed’’; 

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

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

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

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

8 ‘‘(C) a tribal energy development organiza9 tion, from funds of the tribal energy develop10 ment organization.’’; and 

11 (3) in paragraph (5), by striking ‘‘The Sec12 retary of Energy may’’ and inserting ‘‘Not later 

13 than 1 year after the date of enactment of the In14 dian Tribal Energy Development and Self-Deter15 mination Act Amendments of 2017, the Secretary of 

16 Energy shall’’. 

17 SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULA18 TION. 

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

20 U.S.C. 3503(c)) is amended— 

21 (1) in paragraph (1), by striking ‘‘on the re22 quest of an Indian tribe, the Indian tribe’’ and in23 serting ‘‘on the request of an Indian tribe or a tribal 

24 energy development organization, the Indian tribe or 

25 tribal energy development organization’’; and 


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

2 energy development organization’’ after ‘‘Indian 

3 tribe’’. 

4 SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS. 

5 (a) AMENDMENT.—Section 2604 of the Energy Pol6 icy Act of 1992 (25 U.S.C. 3504) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

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

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

11 (ii) in subparagraph (B)— 

12 (I) by striking clause (i) and in13 serting the following: 

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

15 transmission, or distribution facility (in16 cluding a facility that produces electricity 

17 from renewable energy resources) located 

18 on tribal land; or’’; and 

19 (II) in clause (ii)— 

20 (aa) by inserting ‘‘, at least 

21 a portion of which have been’’ 

22 after ‘‘energy resources’’; 

23 (bb) by inserting ‘‘or pro24 duced from’’ after ‘‘developed 

25 on’’; and 


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1 (cc) by striking ‘‘and’’ after 

2 the semicolon at the end and in3 serting ‘‘or’’; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(C) pooling, unitization, or communitiza7 tion of the energy mineral resources of the In8 dian tribe located on tribal land with any other 

9 energy mineral resource (including energy min10 eral resources owned by the Indian tribe or an 

11 individual Indian in fee, trust, or restricted sta12 tus or by any other persons or entities) if the 

13 owner, or, if appropriate, lessee, of the re14 sources has consented or consents to the pool15 ing, unitization, or communitization of the 

16 other resources under any lease or agreement; 

17 and’’; and 

18 (B) by striking paragraph (2) and insert19 ing the following: 

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

21 paragraph (1) shall not require review by, or the ap22 proval of, the Secretary under section 2103 of the 

23 Revised Statutes (25 U.S.C. 81), or any other provi24 sion of law (including regulations), if the lease or 

25 business agreement— 


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1 ‘‘(A) was executed— 

2 ‘‘(i) in accordance with the require3 ments of a tribal energy resource agree4 ment in effect under subsection (e) (includ5 ing the periodic review and evaluation of 

6 the activities of the Indian tribe under the 

7 agreement, to be conducted pursuant to 

8 subparagraphs (D) and (E) of subsection 

9 (e)(2)); or 

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

11 energy development organization for which 

12 the Indian tribe has obtained a certifi13 cation pursuant to subsection (h); and 

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

15 ‘‘(i) 30 years; or 

16 ‘‘(ii) in the case of a lease for the pro17 duction of oil resources, gas resources, or 

18 both, 10 years and as long thereafter as oil 

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

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

21 following: 

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

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

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

25 ‘‘(1) serves— 


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

2 transmission, or distribution facility (including 

3 a facility that produces electricity from renew4 able energy resources) located on tribal land; 

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

6 extracts, produces, processes, or refines energy 

7 resources; or 

8 ‘‘(C) the purposes, or facilitates in car9 rying out the purposes, of any lease or agree10 ment entered into for energy resource develop11 ment on tribal land; 

12 ‘‘(2) was executed— 

13 ‘‘(A) in accordance with the requirements 

14 of a tribal energy resource agreement in effect 

15 under subsection (e) (including the periodic re16 view and evaluation of the activities of the In17 dian tribe under the agreement, to be conducted 

18 pursuant to subparagraphs (D) and (E) of sub19 section (e)(2)); or 

20 ‘‘(B) by the Indian tribe and a tribal en21 ergy development organization for which the In22 dian tribe has obtained a certification pursuant 

23 to subsection (h); 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) by striking paragraph (1) and insert9 ing the following: 

10 ‘‘(1) IN GENERAL.— 

11 ‘‘(A) AUTHORIZATION.—On or after the 

12 date of enactment of the Indian Tribal Energy 

13 Development and Self-Determination Act 

14 Amendments of 2017, a qualified Indian tribe 

15 may submit to the Secretary a tribal energy re16 source agreement governing leases, business 

17 agreements, and rights-of-way under this sec18 tion. 

19 ‘‘(B) NOTICE OF COMPLETE PROPOSED

20 AGREEMENT.—Not later than 60 days after the 

21 date on which the tribal energy resource agree22 ment is submitted under subparagraph (A), the 

23 Secretary shall— 


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1 ‘‘(i) notify the Indian tribe as to 

2 whether the agreement is complete or in3 complete; 

4 ‘‘(ii) if the agreement is incomplete, 

5 notify the Indian tribe of what information 

6 or documentation is needed to complete the 

7 submission; and 

8 ‘‘(iii) identify and notify the Indian 

9 tribe of the financial assistance, if any, to 

10 be provided by the Secretary to the Indian 

11 tribe to assist in the implementation of the 

12 tribal energy resource agreement, including 

13 the environmental review of individual 

14 projects. 

15 ‘‘(C) EFFECT.—Nothing in this paragraph 

16 precludes the Secretary from providing any fi17 nancial assistance at any time to the Indian 

18 tribe to assist in the implementation of the trib19 al energy resource agreement.’’; 

20 (B) in paragraph (2)— 

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

22 follows through the end of subparagraph 

23 (A) and inserting the following: 

24 ‘‘(2) PROCEDURE.— 

25 ‘‘(A) EFFECTIVE DATE.— 


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1 ‘‘(i) IN GENERAL.—On the date that 

2 is 271 days after the date on which the 

3 Secretary receives a tribal energy resource 

4 agreement from a qualified Indian tribe 

5 under paragraph (1), the tribal energy re6 source agreement shall take effect, unless 

7 the Secretary disapproves the tribal energy 

8 resource agreement under subparagraph 

9 (B). 

10 ‘‘(ii) REVISED TRIBAL ENERGY RE11 SOURCE AGREEMENT.—On the date that is 

12 91 days after the date on which the Sec13 retary receives a revised tribal energy re14 source agreement from a qualified Indian 

15 tribe under paragraph (4)(B), the revised 

16 tribal energy resource agreement shall take 

17 effect, unless the Secretary disapproves the 

18 revised tribal energy resource agreement 

19 under subparagraph (B).’’; 

20 (ii) in subparagraph (B)— 

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

22 follows through clause (ii) and insert23 ing the following: 

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

25 disapprove a tribal energy resource agreement 


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

2 only if— 

3 ‘‘(i) a provision of the tribal energy 

4 resource agreement violates applicable 

5 Federal law (including regulations) or a 

6 treaty applicable to the Indian tribe; 

7 ‘‘(ii) the tribal energy resource agree8 ment does not include one or more provi9 sions required under subparagraph (D); 

10 or’’; and 

11 (II) in clause (iii)— 

12 (aa) in the matter preceding 

13 subclause (I), by striking ‘‘in14 cludes’’ and all that follows 

15 through ‘‘section—’’ and insert16 ing ‘‘does not include provisions 

17 that, with respect to any lease, 

18 business agreement, or right-of19 way to which the tribal energy 

20 resource agreement applies—’’; 

21 (bb) by striking subclauses 

22 (I), (II), (V), (VIII), and (XV); 

23 (cc) by redesignating clauses 

24 (III), (IV), (VI), (VII), (IX) 

25 through (XIV), and (XVI) as 


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1 clauses (I), (II), (III), (IV), (V) 

2 through (X), and (XI), respec3 tively; 

4 (dd) in item (bb) of sub5 clause (XI) (as redesignated by 

6 item (cc))— 

7 (AA) by striking ‘‘or 

8 tribal’’; and 

9 (BB) by striking the 

10 period at the end and insert11 ing a semicolon; and 

12 (ee) by adding at the end 

13 the following: 

14 ‘‘(XII) include a certification by 

15 the Indian tribe that the Indian tribe 

16 has— 

17 ‘‘(aa) carried out a contract 

18 or compact under title I or IV of 

19 the Indian Self-Determination 

20 and Education Assistance Act 

21 (25 U.S.C. 5301 et seq.) for a 

22 period of not less than 3 consecu23 tive years ending on the date on 

24 which the Indian tribe submits 

25 the application without material 


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1 audit exception (or without any 

2 material audit exceptions that 

3 were not corrected within the 3- 

4 year period) relating to the man5 agement of tribal land or natural 

6 resources; or 

7 ‘‘(bb) substantial experience 

8 in the administration, review, or 

9 evaluation of energy resource 

10 leases or agreements or has oth11 erwise substantially participated 

12 in the administration, manage13 ment, or development of energy 

14 resources located on the tribal 

15 land of the Indian tribe; and 

16 ‘‘(XIII) at the option of the In17 dian tribe, identify which functions, if 

18 any, authorizing any operational or 

19 development activities pursuant to a 

20 lease, right-of-way, or business agree21 ment approved by the Indian tribe, 

22 that the Indian tribe intends to con23 duct.’’; 

24 (iii) in subparagraph (C)— 


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1 (I) by striking clauses (i) and 

2 (ii); 

3 (II) by redesignating clauses (iii) 

4 through (v) as clauses (ii) through 

5 (iv), respectively; and 

6 (III) by inserting before clause 

7 (ii) (as redesignated by subclause (II)) 

8 the following: 

9 ‘‘(i) a process for ensuring that— 

10 ‘‘(I) the public is informed of, 

11 and has reasonable opportunity to 

12 comment on, any significant environ13 mental impacts of the proposed ac14 tion; and 

15 ‘‘(II) the Indian tribe provides 

16 responses to relevant and substantive 

17 public comments on any impacts de18 scribed in subclause (I) before the In19 dian tribe approves the lease, business 

20 agreement, or right-of-way;’’; 

21 (iv) in subparagraph (D)(ii), by strik22 ing ‘‘subparagraph (B)(iii)(XVI)’’ and in23 serting ‘‘subparagraph (B)(iv)(XI)’’; and 

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


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1 ‘‘(F) EFFECTIVE PERIOD.—A tribal energy 

2 resource agreement that takes effect pursuant 

3 to this subsection shall remain in effect to the 

4 extent any provision of the tribal energy re5 source agreement is consistent with applicable 

6 Federal law (including regulations), unless the 

7 tribal energy resource agreement is— 

8 ‘‘(i) rescinded by the Secretary pursu9 ant to paragraph (7)(D)(iii)(II); or 

10 ‘‘(ii) voluntarily rescinded by the In11 dian tribe pursuant to the regulations pro12 mulgated under paragraph (8)(B) (or suc13 cessor regulations).’’; 

14 (C) in paragraph (4), by striking ‘‘date of 

15 disapproval’’ and all that follows through the 

16 end of subparagraph (C) and inserting the fol17 lowing: ‘‘date of disapproval, provide the Indian 

18 tribe with— 

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

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

21 and 

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

23 tribal energy resource agreement necessary 

24 to address each reason; and 


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

2 the tribal energy resource agreement.’’; 

3 (D) in paragraph (6)— 

4 (i) in subparagraph (B)— 

5 (I) by striking ‘‘(B) Subject to’’ 

6 and inserting the following: 

7 ‘‘(B) Subject only to’’; and 

8 (II) by striking ‘‘subparagraph 

9 (D)’’ and inserting ‘‘subparagraphs 

10 (C) and (D)’’; 

11 (ii) in subparagraph (C), in the mat12 ter preceding clause (i), by inserting ‘‘to 

13 perform the obligations of the Secretary 

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

15 and 

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

17 at the end the following: 

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

19 limits, or otherwise affects the liability, if 

20 any, of the United States for any— 

21 ‘‘(I) term of any lease, business 

22 agreement, or right-of-way under this 

23 section that is not a negotiated term; 

24 or 


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1 ‘‘(II) losses that are not the re2 sult of a negotiated term, including 

3 losses resulting from the failure of the 

4 Secretary to perform an obligation of 

5 the Secretary under this section.’’; 

6 (E) in paragraph (7)— 

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

8 ‘‘has demonstrated’’ and inserting ‘‘the 

9 Secretary determines has demonstrated 

10 with substantial evidence’’; 

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

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

13 remedies (if any) provided under the laws 

14 of the Indian tribe’’; 

15 (iii) in subparagraph (D)— 

16 (I) in clause (i), by striking ‘‘de17 termine’’ and all that follows through 

18 the end of the clause and inserting the 

19 following: ‘‘determine— 

20 ‘‘(I) whether the petitioner 

21 is an interested party; and 

22 ‘‘(II) if the petitioner is an 

23 interested party, whether the In24 dian tribe is not in compliance 

25 with the tribal energy resource 


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1 agreement as alleged in the peti2 tion.’’; 

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

4 ‘‘determination’’ and inserting ‘‘deter5 minations’’; and 

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

7 preceding subclause (I) by striking 

8 ‘‘agreement’’ the first place it appears 

9 and all that follows through ‘‘, includ10 ing’’ and inserting ‘‘agreement pursu11 ant to clause (i), the Secretary shall 

12 only take such action as the Secretary 

13 determines necessary to address the 

14 claims of noncompliance made in the 

15 petition, including’’; 

16 (iv) in subparagraph (E)(i), by strik17 ing ‘‘the manner in which’’ and inserting 

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

19 petition, how’’; and 

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

21 ‘‘(G) Notwithstanding any other provision 

22 of this paragraph, the Secretary shall dismiss 

23 any petition from an interested party that has 

24 agreed with the Indian tribe to a resolution of 


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1 the claims presented in the petition of that 

2 party.’’; 

3 (F) in paragraph (8)— 

4 (i) by striking subparagraph (A); 

5 (ii) by redesignating subparagraphs 

6 (B) through (D) as subparagraphs (A) 

7 through (C), respectively; and 

8 (iii) in subparagraph (A) (as redesig9 nated by clause (ii))— 

10 (I) in clause (i), by striking 

11 ‘‘and’’ at the end; 

12 (II) in clause (ii), by adding 

13 ‘‘and’’ after the semicolon; and 

14 (III) by adding at the end the 

15 following: 

16 ‘‘(iii) amend an approved tribal energy 

17 resource agreement to assume authority 

18 for approving leases, business agreements, 

19 or rights-of-way for development of an20 other energy resource that is not included 

21 in an approved tribal energy resource 

22 agreement without being required to apply 

23 for a new tribal energy resource agree24 ment;’’ and 

25 (G) by adding at the end the following: 


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1 ‘‘(9) EFFECT.—Nothing in this section author2 izes the Secretary to deny a tribal energy resource 

3 agreement or any amendment to a tribal energy re4 source agreement, or to limit the effect or implemen5 tation of this section, due to lack of promulgated 

6 regulations.’’; 

7 (5) by redesignating subsection (g) as sub8 section (j); and 

9 (6) by inserting after subsection (f) the fol10 lowing: 

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

12 BY THE SECRETARY.— 

13 ‘‘(1) IN GENERAL.—Any amounts that the Sec14 retary would otherwise expend to operate or carry 

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

16 any portion of a program, function, service, or activ17 ity) of the Department that, as a result of an Indian 

18 tribe carrying out activities under a tribal energy re19 source agreement, the Secretary does not expend, 

20 the Secretary shall, at the request of the Indian 

21 tribe, make available to the Indian tribe in accord22 ance with this subsection. 

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

24 Secretary shall make the amounts described in para25 graph (1) available to an Indian tribe through an 


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1 annual written funding agreement that is negotiated 

2 and entered into with the Indian tribe that is sepa3 rate from the tribal energy resource agreement. 

4 ‘‘(3) EFFECT OF APPROPRIATIONS.—Notwith5 standing paragraph (1)— 

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

7 tribe under this subsection is subject to the 

8 availability of appropriations; and 

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

10 reduce amounts for programs, functions, serv11 ices, or activities that serve any other Indian 

12 tribe to make amounts available to an Indian 

13 tribe under this subsection. 

14 ‘‘(4) DETERMINATION.— 

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

16 calculate the amounts under paragraph (1) in 

17 accordance with the regulations adopted under 

18 section 103(b) of the Indian Tribal Energy De19 velopment and Self-Determination Act Amend20 ments of 2017. 

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

22 or implementation of a tribal energy resource 

23 agreement under this section shall not be de24 layed or otherwise affected by— 


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

2 regulations under section 103(b) of the In3 dian Tribal Energy Development and Self4 Determination Act Amendments of 2017; 

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

6 Secretary to make the calculation required 

7 under paragraph (1); or 

8 ‘‘(iii) the adoption of a funding agree9 ment under paragraph (2). 

10 ‘‘(h) CERTIFICATION OF TRIBAL ENERGY DEVELOP11 MENT ORGANIZATION.— 

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

13 after the date on which an Indian tribe submits an 

14 application for certification of a tribal energy devel15 opment organization in accordance with regulations 

16 promulgated under section 103(b) of the Indian 

17 Tribal Energy Development and Self-Determination 

18 Act Amendments of 2017, the Secretary shall ap19 prove or disapprove the application. 

20 ‘‘(2) REQUIREMENTS.—The Secretary shall ap21 prove an application for certification if— 

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

23 contract or compact under title I or IV of the 

24 Indian Self-Determination and Education As25 sistance Act (25 U.S.C. 5301 et seq.); and 


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1 ‘‘(ii) for a period of not less than 3 con2 secutive years ending on the date on which the 

3 Indian tribe submits the application, the con4 tract or compact— 

5 ‘‘(I) has been carried out by the In6 dian tribe without material audit excep7 tions (or without any material audit excep8 tions that were not corrected within the 3- 

9 year period); and 

10 ‘‘(II) has included programs or activi11 ties relating to the management of tribal 

12 land; and 

13 ‘‘(B)(i) the tribal energy development orga14 nization is organized under the laws of the In15 dian tribe; 

16 ‘‘(ii)(I) the majority of the interest in the 

17 tribal energy development organization is owned 

18 and controlled by the Indian tribe (or the In19 dian tribe and one or more other Indian tribes) 

20 the tribal land of which is being developed; and 

21 ‘‘(II) the organizing document of the tribal 

22 energy development organization requires that 

23 the Indian tribe with jurisdiction over the land 

24 maintain at all times the controlling interest in 

25 the tribal energy development organization; 


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

2 energy development organization requires that 

3 the Indian tribe (or the Indian tribe and one or 

4 more other Indian tribes) the tribal land of 

5 which is being developed own and control at all 

6 times a majority of the interest in the tribal en7 ergy development organization; and 

8 ‘‘(iv) the organizing document of the tribal 

9 energy development organization includes a 

10 statement that the organization shall be subject 

11 to the jurisdiction, laws, and authority of the 

12 Indian tribe. 

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

14 approves an application for certification pursuant to 

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

16 days after making the determination— 

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

18 ‘‘(i) the tribal energy development or19 ganization is organized under the laws of 

20 the Indian tribe and subject to the juris21 diction, laws, and authority of the Indian 

22 tribe; 

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

24 the tribal energy development organization 

25 is owned and controlled by the Indian tribe 


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1 (or the Indian tribe and one or more other 

2 Indian tribes) the tribal land of which is 

3 being developed; 

4 ‘‘(iii) the organizing document of the 

5 tribal energy development organization re6 quires that the Indian tribe with jurisdic7 tion over the land maintain at all times the 

8 controlling interest in the tribal energy de9 velopment organization; 

10 ‘‘(iv) the organizing document of the 

11 tribal energy development organization re12 quires that the Indian tribe (or the Indian 

13 tribe and one or more other Indian tribes 

14 the tribal land of which is being developed) 

15 own and control at all times a majority of 

16 the interest in the tribal energy develop17 ment organization; and 

18 ‘‘(v) the certification is issued pursu19 ant this subsection; 

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

21 the Indian tribe; and 

22 ‘‘(C) publish the certification in the Fed23 eral Register. 

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

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


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

2 date of enactment of the Indian Tribal Energy Develop3 ment and Self-Determination Act Amendments of 2017, 

4 the Secretary shall promulgate or update any regulations 

5 that are necessary to implement this section, including 

6 provisions to implement— 

7 (1) section 2604(e)(8) of the Energy Policy Act 

8 of 1992 (25 U.S.C. 3504(e)(8)), including the proc9 ess to be followed by an Indian tribe amending an 

10 existing tribal energy resource agreement to assume 

11 authority for approving leases, business agreements, 

12 or rights-of-way for development of an energy re13 source that is not included in the tribal energy re14 source agreement; 

15 (2) section 2604(g) of the Energy Policy Act of 

16 1992 (25 U.S.C. 3504(g)) including the manner in 

17 which the Secretary, at the request of an Indian 

18 tribe, shall— 

19 (A) identify the programs, functions, serv20 ices, and activities (or any portions of pro21 grams, functions, services, or activities) that the 

22 Secretary will not have to operate or carry out 

23 as a result of the Indian tribe carrying out ac24 tivities under a tribal energy resource agree25 ment; 


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1 (B) identify the amounts that the Sec2 retary would have otherwise expended to oper3 ate or carry out each program, function, serv4 ice, and activity (or any portion of a program, 

5 function, service, or activity) identified pursu6 ant to subparagraph (A); and 

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

8 programs, functions, services, and activities (or 

9 any portions of programs, functions, services, or 

10 activities) identified pursuant subparagraph (A) 

11 and the amounts associated with each program, 

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

13 a program, function, service, or activity) identi14 fied pursuant to subparagraph (B); and 

15 (3) section 2604(h) of the Energy Policy Act of 

16 1992 (25 U.S.C. 3504(h)), including the process to 

17 be followed by, and any applicable criteria and docu18 mentation required for, an Indian tribe to request 

19 and obtain the certification described in that section. 

20 SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 

21 GOVERNMENTS. 

22 Section 2602(b) of the Energy Policy Act of 1992 

23 (25 U.S.C. 3502(b)) is amended— 

24 (1) by redesignating paragraphs (3) through 

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


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1 (2) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) TECHNICAL AND SCIENTIFIC RE4 SOURCES.—In addition to providing grants to Indian 

5 tribes under this subsection, the Secretary shall col6 laborate with the Directors of the National Labora7 tories in making the full array of technical and sci8 entific resources of the Department of Energy avail9 able for tribal energy activities and projects.’’. 

10 SEC. 105. CONFORMING AMENDMENTS. 

11 (a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT

12 ORGANIZATION.—Section 2601 of the Energy Policy Act 

13 of 1992 (25 U.S.C. 3501) is amended— 

14 (1) by redesignating paragraphs (9) through 

15 (12) as paragraphs (10) through (13), respectively; 

16 (2) by inserting after paragraph (8) the fol17 lowing: 

18 ‘‘(9) The term ‘qualified Indian tribe’ means an 

19 Indian tribe that has— 

20 ‘‘(A) carried out a contract or compact 

21 under title I or IV of the Indian Self-Deter22 mination and Education Assistance Act (25 

23 U.S.C. 5301 et seq.) for a period of not less 

24 than 3 consecutive years ending on the date on 

25 which the Indian tribe submits the application 


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1 without material audit exception (or without 

2 any material audit exceptions that were not cor3 rected within the 3-year period) relating to the 

4 management of tribal land or natural resources; 

5 or 

6 ‘‘(B) substantial experience in the adminis7 tration, review, or evaluation of energy resource 

8 leases or agreements or has otherwise substan9 tially participated in the administration, man10 agement, or development of energy resources lo11 cated on the tribal land of the Indian tribe.’’; 

12 and 

13 (3) by striking paragraph (12) (as redesignated 

14 by paragraph (1)) and inserting the following: 

15 ‘‘(12) The term ‘tribal energy development or16 ganization’ means— 

17 ‘‘(A) any enterprise, partnership, consor18 tium, corporation, or other type of business or19 ganization that is engaged in the development 

20 of energy resources and is wholly owned by an 

21 Indian tribe (including an organization incor22 porated pursuant to section 17 of the Act of 

23 June 18, 1934 (25 U.S.C. 5124) (commonly 

24 known as the ‘‘Indian Reorganization Act’’) or 

25 section 3 of the Act of June 26, 1936 (49 Stat. 


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1 1967, chapter 831) (commonly known as the 

2 ‘Oklahoma Indian Welfare Act’)); and 

3 ‘‘(B) any organization of two or more enti4 ties, at least one of which is an Indian tribe, 

5 that has the written consent of the governing 

6 bodies of all Indian tribes participating in the 

7 organization to apply for a grant, loan, or other 

8 assistance under section 2602 or to enter into 

9 a lease or business agreement with, or acquire 

10 a right-of-way from, an Indian tribe pursuant 

11 to subsection (a)(2)(A)(ii) or (b)(2)(B) of sec12 tion 2604.’’. 

13 (b) INDIAN TRIBAL ENERGY RESOURCE DEVELOP14 MENT.—Section 2602 of the Energy Policy Act of 1992 

15 (25 U.S.C. 3502) is amended— 

16 (1) in subsection (a)— 

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

18 energy resource development organizations’’ 

19 and inserting ‘‘tribal energy development orga20 nizations’’; and 

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

22 energy resource development organizations’’ 

23 each place the term appears and inserting 

24 ‘‘tribal energy development 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 re7 source development’’ and inserting ‘‘energy development’’. 

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

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

10 amended— 

11 (1) in paragraph (3)— 

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

13 inserting the following: 

14 ‘‘(3) NOTICE AND COMMENT; SECRETARIAL RE15 VIEW.—The Secretary’’; and 

16 (B) by striking ‘‘for approval’’; 

17 (2) in paragraph (4), by striking ‘‘(4) If the 

18 Secretary’’ and inserting the following: 

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

20 Secretary’’; 

21 (3) in paragraph (5)— 

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

23 and inserting the following: 

24 ‘‘(5) PROVISION OF DOCUMENTS TO SEC25 RETARY.—If an Indian tribe’’; and 


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1 (B) in the matter preceding subparagraph 

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

3 effect’’; 

4 (4) in paragraph (6)— 

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

6 and inserting the following: 

7 ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT

8 OF SECTION.— 

9 ‘‘(A) In carrying out’’; 

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

11 clauses (i) and (ii) appropriately; 

12 (C) in subparagraph (B), by striking ‘‘ap13 proved’’ and inserting ‘‘in effect’’; and 

14 (D) in subparagraph (D)— 

15 (i) in clause (i), by striking ‘‘an ap16 proved tribal energy resource agreement’’ 

17 and inserting ‘‘a tribal energy resource 

18 agreement in effect under this section’’; 

19 and 

20 (ii) in clause (ii), by striking ‘‘ap21 proved by the Secretary’’ and inserting ‘‘in 

22 effect’’; and 

23 (5) in paragraph (7)— 

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

25 and inserting the following: 


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

2 ‘‘(A) In this paragraph’’; 

3 (B) in subparagraph (A), by striking ‘‘ap4 proved by the Secretary’’ and inserting ‘‘in ef5 fect’’; 

6 (C) in subparagraph (B), by striking ‘‘ap7 proved by the Secretary’’ and inserting ‘‘in ef8 fect’’; and 

9 (D) in subparagraph (D)(iii)— 

10 (i) in subclause (I), by striking ‘‘ap11 proved’’; and 

12 (ii) in subclause (II)— 

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

14 the first place it appears; and 

15 (II) by striking ‘‘subsection (a) 

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

17 (a)(2)(A)(i) or (b)(2)(A)’’. 

18 SEC. 106. REPORT. 

19 (a) IN GENERAL.—Not later than 18 months after 

20 the date of enactment of this Act, the Secretary of the 

21 Interior shall submit to the Committee on Indian Affairs 

22 of the Senate and the Committee on Natural Resources 

23 of the House of Representatives a report that details with 

24 respect to activities for energy development on Indian 

25 land, how the Department of the Interior— 


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1 (1) processes and completes the reviews of en2 ergy-related documents in a timely and transparent 

3 manner; 

4 (2) monitors the timeliness of agency review for 

5 all energy-related documents; 

6 (3) maintains databases to track and monitor 

7 the review and approval process for energy-related 

8 documents associated with conventional and renew9 able Indian energy resources that require Secretarial 

10 approval prior to development, including— 

11 (A) any seismic exploration permits; 

12 (B) permission to survey; 

13 (C) archeological and cultural surveys; 

14 (D) access permits; 

15 (E) environmental assessments; 

16 (F) oil and gas leases; 

17 (G) surface leases; 

18 (H) rights-of-way agreements; and 

19 (I) communitization agreements; 

20 (4) identifies in the databases— 

21 (A) the date lease applications and permits 

22 are received by the agency; 

23 (B) the status of the review; 

24 (C) the date the application or permit is 

25 considered complete and ready for review; 


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1 (D) the date of approval; and 

2 (E) the start and end dates for any signifi3 cant delays in the review process; 

4 (5) tracks in the databases, for all energy-re5 lated leases, agreements, applications, and permits 

6 that involve multiple agency review— 

7 (A) the dates documents are transferred 

8 between agencies; 

9 (B) the status of the review; 

10 (C) the date the required reviews are com11 pleted; and 

12 (D) the date interim or final decisions are 

13 issued. 

14 (b) INCLUSIONS.—The report under subsection (a) 

15 shall include— 

16 (1) a description of any intermediate and final 

17 deadlines for agency action on any Secretarial review 

18 and approval required for Indian conventional and 

19 renewable energy exploration and development ac20 tivities; 

21 (2) a description of the existing geographic 

22 database established by the Bureau of Indian Af23 fairs, explaining— 

24 (A) how the database identifies— 


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1 (i) the location and ownership of all 

2 Indian oil and gas resources held in trust; 

3 (ii) resources available for lease; and 

4 (iii) the location of— 

5 (I) any lease of land held in trust 

6 or restricted fee on behalf of any In7 dian tribe or individual Indian; and 

8 (II) any rights-of-way on that 

9 land in effect; 

10 (B) how the information from the database 

11 is made available to— 

12 (i) the officials of the Bureau of In13 dian Affairs with responsibility over the 

14 management and development of Indian 

15 resources; and 

16 (ii) resource owners; and 

17 (C) any barriers to identifying the informa18 tion described in subparagraphs (A) and (B) or 

19 any deficiencies in that information; and 

20 (3) an evaluation of— 

21 (A) the ability of each applicable agency to 

22 track and monitor the review and approval 

23 process of the agency for Indian energy develop24 ment; and 


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1 (B) the extent to which each applicable 

2 agency complies with any intermediate and final 

3 deadlines. 

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 2017; 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 2017. 


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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. 5304). 

7 SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

8 (a) PURPOSE.—The purpose of this section is to es9 tablish a biomass demonstration project for federally rec10 ognized Indian tribes and Alaska Native corporations to 

11 promote biomass energy production. 

12 (b) TRIBAL BIOMASS DEMONSTRATION PROJECT.— 

13 The Tribal Forest Protection Act of 2004 (25 U.S.C. 

14 3115a et seq.) is amended— 

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

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

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

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

19 ‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREE20 MENTS.—For each of fiscal years 2017 through 2021, the 

21 Secretary shall enter into stewardship contracts or similar 

22 agreements (excluding direct service contracts) with In23 dian tribes to carry out demonstration projects to promote 

24 biomass energy production (including biofuel, heat, and 

25 electricity generation) on Indian forest land and in nearby 


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1 communities by providing reliable supplies of woody bio2 mass from Federal land. 

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

4 year for which projects are authorized, at least 4 new dem5 onstration projects that meet the eligibility criteria de6 scribed in subsection (c) shall be carried out under con7 tracts or agreements described in subsection (a). 

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

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

10 tribe shall submit to the Secretary an application— 

11 ‘‘(1) containing such information as the Sec12 retary may require; and 

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

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

15 under the jurisdiction of the Indian tribe; and 

16 ‘‘(B) the demonstration project proposed 

17 to be carried out by the Indian tribe. 

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

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

20 ‘‘(1) take into consideration— 

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

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

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

24 ‘‘(i) increase the availability or reli25 ability of local or regional energy; 


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1 ‘‘(ii) enhance the economic develop2 ment of the Indian tribe; 

3 ‘‘(iii) result in or improve the connec4 tion of electric power transmission facilities 

5 serving the Indian tribe with other electric 

6 transmission facilities; 

7 ‘‘(iv) improve the forest health or wa8 tersheds of Federal land or Indian forest 

9 land or rangeland; 

10 ‘‘(v) demonstrate new investments in 

11 infrastructure; or 

12 ‘‘(vi) otherwise promote the use of 

13 woody biomass; and 

14 ‘‘(2) exclude from consideration any merchant15 able logs that have been identified by the Secretary 

16 for commercial sale. 

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

18 ‘‘(1) ensure that the criteria described in sub19 section (c) are publicly available by not later than 

20 120 days after the date of enactment of this section; 

21 and 

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

23 with Indian tribes and appropriate intertribal orga24 nizations likely to be affected in developing the ap25 plication and otherwise carrying out this section. 


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1 ‘‘(f) REPORT.—Not later than September 20, 2019, 

2 the Secretary shall submit to Congress a report that de3 scribes, with respect to the reporting period— 

4 ‘‘(1) each individual tribal application received 

5 under this section; and 

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

7 pursuant to this section. 

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

9 carrying out a contract or agreement under this section, 

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

11 shall incorporate into the contract or agreement, to the 

12 maximum extent practicable, management plans (includ13 ing forest management and integrated resource manage14 ment plans) in effect on the Indian forest land or range15 land of the respective Indian tribe. 

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

17 under this section— 

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

19 years; and 

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

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

22 (c) ALASKA NATIVE BIOMASS DEMONSTRATION

23 PROJECT.— 

24 (1) DEFINITIONS.—In this subsection: 


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1 (A) FEDERAL LAND.—The term ‘‘Federal 

2 land’’ means— 

3 (i) land of the National Forest System 

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

5 and Rangeland Renewable Resources Plan6 ning Act of 1974 (16 U.S.C. 1609(a)) ad7 ministered by the Secretary of Agriculture, 

8 acting through the Chief of the Forest 

9 Service; and 

10 (ii) public lands (as defined in section 

11 103 of the Federal Land Policy and Man12 agement Act of 1976 (43 U.S.C. 1702)), 

13 the surface of which is administered by the 

14 Secretary of the Interior, acting through 

15 the Director of the Bureau of Land Man16 agement. 

17 (B) INDIAN TRIBE.—The term ‘‘Indian 

18 tribe’’ has the meaning given the term in sec19 tion 4 of the Indian Self-Determination and 

20 Education Assistance Act (25 U.S.C. 5304). 

21 (C) SECRETARY.—The term ‘‘Secretary’’ 

22 means— 

23 (i) the Secretary of Agriculture, with 

24 respect to land under the jurisdiction of 

25 the Forest Service; and 


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1 (ii) the Secretary of the Interior, with 

2 respect to land under the jurisdiction of 

3 the Bureau of Land Management. 

4 (D) TRIBAL ORGANIZATION.—The term 

5 ‘‘tribal organization’’ has the meaning given the 

6 term in section 4 of the Indian Self-Determina7 tion and Education Assistance Act (25 U.S.C. 

8 5304). 

9 (2) AGREEMENTS.—For each of fiscal years 

10 2017 through 2021, the Secretary shall enter into 

11 an agreement or contract with an Indian tribe or a 

12 tribal organization to carry out a demonstration 

13 project to promote biomass energy production (in14 cluding biofuel, heat, and electricity generation) by 

15 providing reliable supplies of woody biomass from 

16 Federal land. 

17 (3) DEMONSTRATION PROJECTS.—In each fiscal 

18 year for which projects are authorized, at least 1 

19 new demonstration project that meets the eligibility 

20 criteria described in paragraph (4) shall be carried 

21 out under contracts or agreements described in 

22 paragraph (2). 

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

24 enter into a contract or agreement under this subVerDate Sep 11 2014 23:31 Feb 03, 2017 Jkt 069200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245

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1 section, an Indian tribe or tribal organization shall 

2 submit to the Secretary an application— 

3 (A) containing such information as the 

4 Secretary may require; and 

5 (B) that includes a description of the dem6 onstration project proposed to be carried out by 

7 the Indian tribe or tribal organization. 

8 (5) SELECTION.—In evaluating the applications 

9 submitted under paragraph (4), the Secretary 

10 shall— 

11 (A) take into consideration whether a pro12 posed project would— 

13 (i) increase the availability or reli14 ability of local or regional energy; 

15 (ii) enhance the economic development 

16 of the Indian tribe; 

17 (iii) result in or improve the connec18 tion of electric power transmission facilities 

19 serving the Indian tribe with other electric 

20 transmission facilities; 

21 (iv) improve the forest health or wa22 tersheds of Federal land or non-Federal 

23 land; 

24 (v) demonstrate new investments in 

25 infrastructure; or 


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1 (vi) otherwise promote the use of 

2 woody biomass; and 

3 (B) exclude from consideration any mer4 chantable logs that have been identified by the 

5 Secretary for commercial sale. 

6 (6) IMPLEMENTATION.—The Secretary shall— 

7 (A) ensure that the criteria described in 

8 paragraph (4) are publicly available by not later 

9 than 120 days after the date of enactment of 

10 this subsection; and 

11 (B) to the maximum extent practicable, 

12 consult with Indian tribes and appropriate trib13 al organizations likely to be affected in devel14 oping the application and otherwise carrying 

15 out this subsection. 

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

17 2019, the Secretary shall submit to Congress a re18 port that describes, with respect to the reporting pe19 riod— 

20 (A) each individual application received 

21 under this subsection; and 

22 (B) each contract and agreement entered 

23 into pursuant to this subsection. 

24 (8) TERM.—A contract or agreement entered 

25 into under this subsection— 


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

2 20 years; and 

3 (B) may be renewed in accordance with 

4 this subsection for not more than an additional 

5 10 years. 

6 SEC. 203. WEATHERIZATION PROGRAM. 

7 Section 413(d) of the Energy Conservation and Pro8 duction Act (42 U.S.C. 6863(d)) is amended— 

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

10 following: 

11 ‘‘(1) RESERVATION OF AMOUNTS.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B) and notwithstanding any other provi14 sion of this part, the Secretary shall reserve 

15 from amounts that would otherwise be allocated 

16 to a State under this part not less than 100 

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

18 amount which bears the same proportion to the 

19 allocation of that State for the applicable fiscal 

20 year as the population of all low-income mem21 bers of an Indian tribe in that State bears to 

22 the population of all low-income individuals in 

23 that State. 

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

25 shall apply only if— 


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1 ‘‘(i) the tribal organization serving the 

2 low-income members of the applicable In3 dian tribe requests that the Secretary 

4 make a grant directly; and 

5 ‘‘(ii) the Secretary determines that 

6 the low-income members of the applicable 

7 Indian tribe would be equally or better 

8 served by making a grant directly than a 

9 grant made to the State in which the low10 income members reside. 

11 ‘‘(C) PRESUMPTION.—If the tribal organi12 zation requesting the grant is a tribally des13 ignated housing entity (as defined in section 4 

14 of the Native American Housing Assistance and 

15 Self-Determination Act of 1996 (25 U.S.C. 

16 4103)) that has operated without material audit 

17 exceptions (or without any material audit excep18 tions that were not corrected within a 3-year 

19 period), the Secretary shall presume that the 

20 low-income members of the applicable Indian 

21 tribe would be equally or better served by mak22 ing a grant directly to the tribal organization 

23 than by a grant made to the State in which the 

24 low-income members reside.’’; 

25 (2) in paragraph (2)— 


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

2 ‘‘ADMINISTRATION.—The amounts’’; 

3 (B) by striking ‘‘on the basis of his deter4 mination’’; 

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

6 a determination has been made’’ and inserting 

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

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

9 Secretary’’; and 

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

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

12 SEC. 204. APPRAISALS. 

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

14 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add15 ing at the end the following: 

16 ‘‘SEC. 2607. APPRAISALS. 

17 ‘‘(a) IN GENERAL.—For any transaction that re18 quires approval of the Secretary and involves mineral or 

19 energy resources held in trust by the United States for 

20 the benefit of an Indian tribe or by an Indian tribe subject 

21 to Federal restrictions against alienation, any appraisal 

22 relating to fair market value of those resources required 

23 to be prepared under applicable law may be prepared by— 

24 ‘‘(1) the Secretary; 

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


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

2 to a contract with the Indian tribe. 

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

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

5 receives an appraisal prepared by or for an Indian tribe 

6 under paragraph (2) or (3) of subsection (a), the Sec7 retary shall— 

8 ‘‘(1) review the appraisal; and 

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

10 determines that the appraisal fails to meet the 

11 standards set forth in regulations promulgated 

12 under subsection (d). 

13 ‘‘(c) NOTICE OF DISAPPROVAL.—If the Secretary de14 termines that an appraisal submitted for approval under 

15 subsection (b) should be disapproved, the Secretary shall 

16 give written notice of the disapproval to the Indian tribe 

17 and a description of— 

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

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

20 otherwise cured to meet the applicable standards set 

21 forth in the regulations promulgated under sub22 section (d). 

23 ‘‘(d) REGULATIONS.—The Secretary shall promul24 gate regulations to carry out this section, including standVerDate Sep 11 2014 23:31 Feb 03, 2017 Jkt 069200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245

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1 ards the Secretary shall use for approving or disapproving 

2 the appraisal described in subsection (a).’’. 

3 SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NA4 TION. 

5 (a) IN GENERAL.—Subsection (e)(1) of the first sec6 tion of the Act of August 9, 1955 (commonly known as 

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

8 amended— 

9 (1) by striking ‘‘, except a lease for’’ and insert10 ing ‘‘, including a lease for’’; 

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

12 the following: 

13 ‘‘(A) in the case of a business or agricul14 tural lease, 99 years;’’; 

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

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

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

18 ‘‘(C) in the case of a lease for the explo19 ration, development, or extraction of any min20 eral resource (including geothermal resources), 

21 25 years, except that— 

22 ‘‘(i) any such lease may include an op23 tion to renew for 1 additional term of not 

24 to exceed 25 years; and 


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1 ‘‘(ii) any such lease for the explo2 ration, development, or extraction of an oil 

3 or gas resource shall be for a term of not 

4 to exceed 10 years, plus such additional 

5 period as the Navajo Nation determines to 

6 be appropriate in any case in which an oil 

7 or gas resource is produced in a paying 

8 quantity.’’. 

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

10 date of enactment of this Act, the Comptroller General 

11 of the United States shall prepare and submit to Congress 

12 a report describing the progress made in carrying out the 

13 amendment made by subsection (a). 

14 SEC. 206. EXTENSION OF TRIBAL LEASE PERIOD FOR THE 

15 CROW TRIBE OF MONTANA. 

16 Subsection (a) of the first section of the Act of Au17 gust 9, 1955 (25 U.S.C. 415(a)), is amended in the second 

18 sentence by inserting ‘‘, land held in trust for the Crow 

19 Tribe of Montana’’ after ‘‘Devils Lake Sioux Reserva20 tion’’. 

21 SEC. 207. TRUST STATUS OF LEASE PAYMENTS. 

22 (a) DEFINITION OF SECRETARY.—In this section, the 

23 term ‘‘Secretary’’ means the Secretary of the Interior. 

24 (b) TREATMENT OF LEASE PAYMENTS.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2) and at the request of the Indian tribe or 

3 individual Indian, any advance payments, bid depos4 its, or other earnest money received by the Secretary 

5 in connection with the review and Secretarial ap6 proval under any other Federal law (including regu7 lations) of a sale, lease, permit, or any other convey8 ance of any interest in any trust or restricted land 

9 of any Indian tribe or individual Indian shall, upon 

10 receipt and prior to Secretarial approval of the con11 tract or conveyance instrument, be held in the trust 

12 fund system for the benefit of the Indian tribe and 

13 individual Indian from whose land the funds were 

14 generated. 

15 (2) RESTRICTION.—If the advance payment, 

16 bid deposit, or other earnest money received by the 

17 Secretary results from competitive bidding, upon se18 lection of the successful bidder, only the funds paid 

19 by the successful bidder shall be held in the trust 

20 fund system. 

21 (c) USE OF FUNDS.— 

22 (1) IN GENERAL.—On the approval of the Sec23 retary of a contract or other instrument for a sale, 

24 lease, permit, or any other conveyance described in 

25 subsection (b)(1), the funds held in the trust fund 


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1 system and described in subsection (b), along with 

2 all income generated from the investment of those 

3 funds, shall be disbursed to the Indian tribe or indi4 vidual Indian landowners. 

5 (2) ADMINISTRATION.—If a contract or other 

6 instrument for a sale, lease, permit, or any other 

7 conveyance described in subsection (b)(1) is not ap8 proved by the Secretary, the funds held in the trust 

9 fund system and described in subsection (b), along 

10 with all income generated from the investment of 

11 those funds, shall be paid to the party identified in, 

12 and in such amount and on such terms as set out 

13 in, the applicable regulations, advertisement, or 

14 other notice governing the proposed conveyance of 

15 the interest in the land at issue. 

16 (d) APPLICABILITY.—This section shall apply to any 

17 advance payment, bid deposit, or other earnest money re18 ceived by the Secretary in connection with the review and 

19 Secretarial approval under any other Federal law (includ20 ing regulations) of a sale, lease, permit, or any other con21 veyance of any interest in any trust or restricted land of 

22 any Indian tribe or individual Indian on or after the date 

23 of enactment of this Act. 

Æ 


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