S. 245 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

To amend the Indian Tribal Energy Development and Self Determination Act of 

2005, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Indian Tribal Energy Development and Self-Determination Act Amendments of 2017’’. 

SEC. 2. TABLE OF CONTENTS. 

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. 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. 

TITLE I—INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT AMENDMENTS 

SEC. 101. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT. 

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

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

(1) in paragraph (2)— 

(A) in subparagraph (C), by striking ‘‘and’’ after the 

semicolon; 

(B) in subparagraph (D), by striking the period at 

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 
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‘‘(E) consult with each applicable Indian tribe before 

adopting or approving a well spacing program or plan 

applicable to the energy resources of that Indian tribe 

or the members of that Indian tribe.’’; and 

(2) by adding at the end the following: 

‘‘(4) PLANNING.— 

‘‘(A) IN GENERAL.—In carrying out the program established by paragraph (1), the Secretary shall provide technical assistance to interested Indian tribes to develop 

energy plans, including— 

‘‘(i) plans for electrification; 

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

energy permitting, energy efficiency, electricity generation, transmission planning, water planning, and other 

planning relating to energy issues; 

‘‘(iii) plans for the development of energy resources 

and to ensure the protection of natural, historic, and 

cultural resources; and 

‘‘(iv) any other plans that would assist an Indian 

tribe in the development or use of energy resources. 

‘‘(B) COOPERATION.—In establishing the program under 

paragraph (1), the Secretary shall work in cooperation with 

the Office of Indian Energy Policy and Programs of the 

Department of Energy.’’. 

(b) DEPARTMENT OF ENERGY INDIAN ENERGY EDUCATION PLANNING AND MANAGEMENT ASSISTANCE PROGRAM.—Section 2602(b)(2) 

of the Energy Policy Act of 1992 (25 U.S.C. 3502(b)(2)) is amended— 

(1) in the matter preceding subparagraph (A), by inserting 

‘‘, intertribal organization,’’ after ‘‘Indian tribe’’; 

(2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and 

(3) by inserting after subparagraph (B) the following: 

‘‘(C) activities to increase the capacity of Indian tribes 

to manage energy development and energy efficiency programs;’’. 

(c) DEPARTMENT OF ENERGY LOAN GUARANTEE PROGRAM.—Section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) 

is amended— 

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

development organization’’ after ‘‘Indian tribe’’; 

(2) in paragraph (3)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘guarantee’’ and inserting ‘‘guaranteed’’; 

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

(C) in subparagraph (B), by striking the period at 

the end and inserting ‘‘; or’’; and 

(D) by adding at the end the following: 

‘‘(C) a tribal energy development organization, from 

funds of the tribal energy development organization.’’; and 

(3) in paragraph (5), by striking ‘‘The Secretary of Energy 

may’’ and inserting ‘‘Not later than 1 year after the date of 

enactment of the Indian Tribal Energy Development and SelfDetermination Act Amendments of 2017, the Secretary of 

Energy shall’’. 
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SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULATION. 

Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C. 

3503(c)) is amended— 

(1) in paragraph (1), by striking ‘‘on the request of an 

Indian tribe, the Indian tribe’’ and inserting ‘‘on the request 

of an Indian tribe or a tribal energy development organization, 

the Indian tribe or tribal energy development organization’’; 

and 

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

development organization’’ after ‘‘Indian tribe’’. 

SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS. 

(a) AMENDMENT.—Section 2604 of the Energy Policy Act of 

1992 (25 U.S.C. 3504) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘or’’ after the 

semicolon at the end; 

(ii) in subparagraph (B)— 

(I) by striking clause (i) and inserting the following: 

‘‘(i) an electric production, generation, transmission, or distribution facility (including a facility 

that produces electricity from renewable energy 

resources) located on tribal land; or’’; and 

(II) in clause (ii)— 

(aa) by inserting ‘‘, at least a portion of 

which have been’’ after ‘‘energy resources’’; 

(bb) by inserting ‘‘or produced from’’ after 

‘‘developed on’’; and 

(cc) by striking ‘‘and’’ after the semicolon 

at the end and inserting ‘‘or’’; and 

(iii) by adding at the end the following: 

‘‘(C) pooling, unitization, or communitization of the 

energy mineral resources of the Indian tribe located on 

tribal land with any other energy mineral resource 

(including energy mineral resources owned by the Indian 

tribe or an individual Indian in fee, trust, or restricted 

status or by any other persons or entities) if the owner, 

or, if appropriate, lessee, of the resources has consented 

or consents to the pooling, unitization, or communitization 

of the other resources under any lease or agreement; and’’; 

and 

(B) by striking paragraph (2) and inserting the following: 

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

(1) shall not require review by, or the approval of, the Secretary 

under section 2103 of the Revised Statutes (25 U.S.C. 81), 

or any other provision of law (including regulations), if the 

lease or business agreement— 

‘‘(A) was executed— 

‘‘(i) in accordance with the requirements of a tribal 

energy resource agreement in effect under subsection 

(e) (including the periodic review and evaluation of 

the activities of the Indian tribe under the agreement, 

to be conducted pursuant to subparagraphs (D) and 

(E) of subsection (e)(2)); or 
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‘‘(ii) by the Indian tribe and a tribal energy 

development organization for which the Indian tribe 

has obtained a certification pursuant to subsection (h); 

and 

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

‘‘(i) 30 years; or 

‘‘(ii) in the case of a lease for the production of 

oil resources, gas resources, or both, 10 years and 

as long thereafter as oil or gas is produced in paying 

quantities.’’; 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) RIGHTS-OF-WAY.—An Indian tribe may grant a right-ofway over tribal land without review or approval by the Secretary 

if the right-of-way— 

‘‘(1) serves— 

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

or distribution facility (including a facility that produces 

electricity from renewable energy resources) located on 

tribal land; 

‘‘(B) a facility located on tribal land that extracts, produces, processes, or refines energy resources; or 

‘‘(C) the purposes, or facilitates in carrying out the 

purposes, of any lease or agreement entered into for energy 

resource development on tribal land; 

‘‘(2) was executed— 

‘‘(A) in accordance with the requirements of a tribal 

energy resource agreement in effect under subsection (e) 

(including the periodic review and evaluation of the activities of the Indian tribe under the agreement, to be conducted pursuant to subparagraphs (D) and (E) of subsection 

(e)(2)); or 

‘‘(B) by the Indian tribe and a tribal energy development organization for which the Indian tribe has obtained 

a certification pursuant to subsection (h); and 

‘‘(3) has a term that does not exceed 30 years.’’; 

(3) by striking subsection (d) and inserting the following: 

‘‘(d) VALIDITY.—No lease or business agreement entered into, 

or right-of-way granted, pursuant to this section shall be valid 

unless the lease, business agreement, or right-of-way is authorized 

by subsection (a) or (b).’’; 

(4) in subsection (e)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) IN GENERAL.— 

‘‘(A) AUTHORIZATION.—On or after the date of enactment of the Indian Tribal Energy Development and SelfDetermination Act Amendments of 2017, a qualified Indian 

tribe may submit to the Secretary a tribal energy resource 

agreement governing leases, business agreements, and 

rights-of-way under this section. 

‘‘(B) NOTICE OF COMPLETE PROPOSED AGREEMENT.—Not 

later than 60 days after the date on which the tribal 

energy resource agreement is submitted under subparagraph (A), the Secretary shall— 

‘‘(i) notify the Indian tribe as to whether the agreement is complete or incomplete; 
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‘‘(ii) if the agreement is incomplete, notify the 

Indian tribe of what information or documentation is 

needed to complete the submission; and 

‘‘(iii) identify and notify the Indian tribe of the 

financial assistance, if any, to be provided by the Secretary to the Indian tribe to assist in the implementation of the tribal energy resource agreement, including 

the environmental review of individual projects. 

‘‘(C) EFFECT.—Nothing in this paragraph precludes the 

Secretary from providing any financial assistance at any 

time to the Indian tribe to assist in the implementation 

of the tribal energy resource agreement.’’; 

(B) in paragraph (2)— 

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

the end of subparagraph (A) and inserting the following: 

‘‘(2) PROCEDURE.— 

‘‘(A) EFFECTIVE DATE.— 

‘‘(i) IN GENERAL.—On the date that is 271 days 

after the date on which the Secretary receives a tribal 

energy resource agreement from a qualified Indian 

tribe under paragraph (1), the tribal energy resource 

agreement shall take effect, unless the Secretary disapproves the tribal energy resource agreement under 

subparagraph (B). 

‘‘(ii) REVISED TRIBAL ENERGY RESOURCE AGREEMENT.—On the date that is 91 days after the date 

on which the Secretary receives a revised tribal energy 

resource agreement from a qualified Indian tribe under 

paragraph (4)(B), the revised tribal energy resource 

agreement shall take effect, unless the Secretary disapproves the revised tribal energy resource agreement 

under subparagraph (B).’’; 

(ii) in subparagraph (B)— 

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

through clause (ii) and inserting the following: 

‘‘(B) DISAPPROVAL.—The Secretary shall disapprove a 

tribal energy resource agreement submitted pursuant to 

paragraph (1) or (4)(B) only if— 

‘‘(i) a provision of the tribal energy resource agreement violates applicable Federal law (including regulations) or a treaty applicable to the Indian tribe; 

‘‘(ii) the tribal energy resource agreement does not 

include one or more provisions required under subparagraph (D); or’’; and 

(II) in clause (iii)— 

(aa) in the matter preceding subclause (I), 

by striking ‘‘includes’’ and all that follows 

through ‘‘section—’’ and inserting ‘‘does not 

include provisions that, with respect to any 

lease, business agreement, or right-of-way to 

which the tribal energy resource agreement 

applies—’’; 

(bb) by striking subclauses (I), (II), (V), 

(VIII), and (XV); 

(cc) by redesignating clauses (III), (IV), 

(VI), (VII), (IX) through (XIV), and (XVI) as 
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clauses (I), (II), (III), (IV), (V) through (X), 

and (XI), respectively; 

(dd) in item (bb) of subclause (XI) (as 

redesignated by item (cc))— 

(AA) by striking ‘‘or tribal’’; and 

(BB) by striking the period at the end 

and inserting a semicolon; and 

(ee) by adding at the end the following: 

‘‘(XII) include a certification by the Indian 

tribe that the Indian tribe has— 

‘‘(aa) carried out a contract or compact 

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

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

than 3 consecutive years ending on the date 

on which the Indian tribe submits the application without material audit exception (or without any material audit exceptions that were 

not corrected within the 3-year period) relating 

to the management of tribal land or natural 

resources; or 

‘‘(bb) substantial experience in the 

administration, review, or evaluation of energy 

resource leases or agreements or has otherwise 

substantially participated in the administration, management, or development of energy 

resources located on the tribal land of the 

Indian tribe; and 

‘‘(XIII) at the option of the Indian tribe, identify which functions, if any, authorizing any operational or development activities pursuant to a 

lease, right-of-way, or business agreement 

approved by the Indian tribe, that the Indian tribe 

intends to conduct.’’; 

(iii) in subparagraph (C)— 

(I) by striking clauses (i) and (ii); 

(II) by redesignating clauses (iii) through (v) 

as clauses (ii) through (iv), respectively; and 

(III) by inserting before clause (ii) (as redesignated by subclause (II)) the following: 

‘‘(i) a process for ensuring that— 

‘‘(I) the public is informed of, and has reasonable opportunity to comment on, any significant 

environmental impacts of the proposed action; and 

‘‘(II) the Indian tribe provides responses to 

relevant and substantive public comments on any 

impacts described in subclause (I) before the 

Indian tribe approves the lease, business agreement, or right-of-way;’’; 

(iv) in subparagraph (D)(ii), by striking ‘‘subparagraph (B)(iii)(XVI)’’ and inserting ‘‘subparagraph 

(B)(iv)(XI)’’; and 

(v) by adding at the end the following: 

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

agreement that takes effect pursuant to this subsection 

shall remain in effect to the extent any provision of the 

tribal energy resource agreement is consistent with 
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applicable Federal law (including regulations), unless the 

tribal energy resource agreement is— 

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

‘‘(ii) voluntarily rescinded by the Indian tribe 

pursuant to the regulations promulgated under paragraph (8)(B) (or successor regulations).’’; 

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

and all that follows through the end of subparagraph (C) 

and inserting the following: ‘‘date of disapproval, provide 

the Indian tribe with— 

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

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

‘‘(ii) the revisions or changes to the tribal energy 

resource agreement necessary to address each reason; 

and 

‘‘(B) an opportunity to revise and resubmit the tribal 

energy resource agreement.’’; 

(D) in paragraph (6)— 

(i) in subparagraph (B)— 

(I) by striking ‘‘(B) Subject to’’ and inserting 

the following: 

‘‘(B) Subject only to’’; and 

(II) by striking ‘‘subparagraph (D)’’ and 

inserting ‘‘subparagraphs (C) and (D)’’; 

(ii) in subparagraph (C), in the matter preceding 

clause (i), by inserting ‘‘to perform the obligations of 

the Secretary under this section and’’ before ‘‘to 

ensure’’; and 

(iii) in subparagraph (D), by adding at the end 

the following: 

‘‘(iii) Nothing in this section absolves, limits, or 

otherwise affects the liability, if any, of the United 

States for any— 

‘‘(I) term of any lease, business agreement, 

or right-of-way under this section that is not a 

negotiated term; or 

‘‘(II) losses that are not the result of a negotiated term, including losses resulting from the 

failure of the Secretary to perform an obligation 

of the Secretary under this section.’’; 

(E) in paragraph (7)— 

(i) in subparagraph (A), by striking ‘‘has demonstrated’’ and inserting ‘‘the Secretary determines has 

demonstrated with substantial evidence’’; 

(ii) in subparagraph (B), by striking ‘‘any tribal 

remedy’’ and inserting ‘‘all remedies (if any) provided 

under the laws of the Indian tribe’’; 

(iii) in subparagraph (D)— 

(I) in clause (i), by striking ‘‘determine’’ and 

all that follows through the end of the clause and 

inserting the following: ‘‘determine— 

‘‘(I) whether the petitioner is an interested 

party; and 

‘‘(II) if the petitioner is an interested 

party, whether the Indian tribe is not in 
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compliance with the tribal energy resource 

agreement as alleged in the petition.’’; 

(II) in clause (ii), by striking ‘‘determination’’ 

and inserting ‘‘determinations’’; and 

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

subclause (I) by striking ‘‘agreement’’ the first 

place it appears and all that follows through ‘‘, 

including’’ and inserting ‘‘agreement pursuant to 

clause (i), the Secretary shall only take such action 

as the Secretary determines necessary to address 

the claims of noncompliance made in the petition, 

including’’; 

(iv) in subparagraph (E)(i), by striking ‘‘the manner 

in which’’ and inserting ‘‘, with respect to each claim 

made in the petition, how’’; and 

(v) by adding at the end the following: 

‘‘(G) Notwithstanding any other provision of this paragraph, the Secretary shall dismiss any petition from an 

interested party that has agreed with the Indian tribe 

to a resolution of the claims presented in the petition 

of that party.’’; 

(F) in paragraph (8)— 

(i) by striking subparagraph (A); 

(ii) by redesignating subparagraphs (B) through 

(D) as subparagraphs (A) through (C), respectively; 

and 

(iii) in subparagraph (A) (as redesignated by clause 

(ii))— 

(I) in clause (i), by striking ‘‘and’’ at the end; 

(II) in clause (ii), by adding ‘‘and’’ after the 

semicolon; and 

(III) by adding at the end the following: 

‘‘(iii) amend an approved tribal energy resource 

agreement to assume authority for approving leases, 

business agreements, or rights-of-way for development 

of another energy resource that is not included in 

an approved tribal energy resource agreement without 

being required to apply for a new tribal energy resource 

agreement;’’ and 

(G) by adding at the end the following: 

‘‘(9) EFFECT.—Nothing in this section authorizes the Secretary to deny a tribal energy resource agreement or any 

amendment to a tribal energy resource agreement, or to limit 

the effect or implementation of this section, due to lack of 

promulgated regulations.’’; 

(5) by redesignating subsection (g) as subsection (j); and 

(6) by inserting after subsection (f) the following: 

‘‘(g) FINANCIAL ASSISTANCE IN LIEU OF ACTIVITIES BY THE SECRETARY.— 

‘‘(1) IN GENERAL.—Any amounts that the Secretary would 

otherwise expend to operate or carry out any program, function, 

service, or activity (or any portion of a program, function, 

service, or activity) of the Department that, as a result of 

an Indian tribe carrying out activities under a tribal energy 

resource agreement, the Secretary does not expend, the Secretary shall, at the request of the Indian tribe, make available 

to the Indian tribe in accordance with this subsection. 
S. 245—9 

‘‘(2) ANNUAL FUNDING AGREEMENTS.—The Secretary shall 

make the amounts described in paragraph (1) available to 

an Indian tribe through an annual written funding agreement 

that is negotiated and entered into with the Indian tribe that 

is separate from the tribal energy resource agreement. 

‘‘(3) EFFECT OF APPROPRIATIONS.—Notwithstanding paragraph (1)— 

‘‘(A) the provision of amounts to an Indian tribe under 

this subsection is subject to the availability of appropriations; and 

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

amounts for programs, functions, services, or activities that 

serve any other Indian tribe to make amounts available 

to an Indian tribe under this subsection. 

‘‘(4) DETERMINATION.— 

‘‘(A) IN GENERAL.—The Secretary shall calculate the 

amounts under paragraph (1) in accordance with the regulations adopted under section 103(b) of the Indian Tribal 

Energy Development and Self-Determination Act Amendments of 2017. 

‘‘(B) APPLICABILITY.—The effective date or implementation of a tribal energy resource agreement under this section shall not be delayed or otherwise affected by— 

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

under section 103(b) of the Indian Tribal Energy 

Development and Self-Determination Act Amendments 

of 2017; 

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

to make the calculation required under paragraph (1); 

or 

‘‘(iii) the adoption of a funding agreement under 

paragraph (2). 

‘‘(h) CERTIFICATION OF TRIBAL ENERGY DEVELOPMENT

ORGANIZATION.— 

‘‘(1) IN GENERAL.—Not later than 90 days after the date 

on which an Indian tribe submits an application for certification 

of a tribal energy development organization in accordance with 

regulations promulgated under section 103(b) of the Indian 

Tribal Energy Development and Self-Determination Act Amendments of 2017, the Secretary shall approve or disapprove the 

application. 

‘‘(2) REQUIREMENTS.—The Secretary shall approve an 

application for certification if— 

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

compact under title I or IV of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 5301 et seq.); 

and 

‘‘(ii) for a period of not less than 3 consecutive years 

ending on the date on which the Indian tribe submits 

the application, the contract or compact— 

‘‘(I) has been carried out by the Indian tribe without material audit exceptions (or without any material 

audit exceptions that were not corrected within the 

3-year period); and 

‘‘(II) has included programs or activities relating 

to the management of tribal land; and 
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‘‘(B)(i) the tribal energy development organization is 

organized under the laws of the Indian tribe; 

‘‘(ii)(I) the majority of the interest in the tribal energy 

development organization is owned and controlled by the 

Indian tribe (or the Indian tribe and one or more other 

Indian tribes) the tribal land of which is being developed; 

and 

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

development organization requires that the Indian tribe 

with jurisdiction over the land maintain at all times the 

controlling interest in the tribal energy development 

organization; 

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

development organization requires that the Indian tribe 

(or the Indian tribe and one or more other Indian tribes) 

the tribal land of which is being developed own and control 

at all times a majority of the interest in the tribal energy 

development organization; and 

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

development organization includes a statement that the 

organization shall be subject to the jurisdiction, laws, and 

authority of the Indian tribe. 

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

application for certification pursuant to paragraph (2), the Secretary shall, not more than 10 days after making the determination— 

‘‘(A) issue a certification stating that— 

‘‘(i) the tribal energy development organization is 

organized under the laws of the Indian tribe and subject to the jurisdiction, laws, and authority of the 

Indian tribe; 

‘‘(ii) the majority of the interest in the tribal energy 

development organization is owned and controlled by 

the Indian tribe (or the Indian tribe and one or more 

other Indian tribes) the tribal land of which is being 

developed; 

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

development organization requires that the Indian 

tribe with jurisdiction over the land maintain at all 

times the controlling interest in the tribal energy 

development organization; 

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

development organization requires that the Indian 

tribe (or the Indian tribe and one or more other Indian 

tribes the tribal land of which is being developed) 

own and control at all times a majority of the interest 

in the tribal energy development organization; and 

‘‘(v) the certification is issued pursuant this subsection; 

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

tribe; and 

‘‘(C) publish the certification in the Federal Register. 

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

sovereign immunity of an Indian tribe.’’. 

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

enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017, the Secretary shall promulgate 
S. 245—11 

or update any regulations that are necessary to implement this 

section, including provisions to implement— 

(1) section 2604(e)(8) of the Energy Policy Act of 1992 

(25 U.S.C. 3504(e)(8)), including the process to be followed 

by an Indian tribe amending an existing tribal energy resource 

agreement to assume authority for approving leases, business 

agreements, or rights-of-way for development of an energy 

resource that is not included in the tribal energy resource 

agreement; 

(2) section 2604(g) of the Energy Policy Act of 1992 (25 

U.S.C. 3504(g)) including the manner in which the Secretary, 

at the request of an Indian tribe, shall— 

(A) identify the programs, functions, services, and 

activities (or any portions of programs, functions, services, 

or activities) that the Secretary will not have to operate 

or carry out as a result of the Indian tribe carrying out 

activities under a tribal energy resource agreement; 

(B) identify the amounts that the Secretary would have 

otherwise expended to operate or carry out each program, 

function, service, and activity (or any portion of a program, 

function, service, or activity) identified pursuant to 

subparagraph (A); and 

(C) provide to the Indian tribe a list of the programs, 

functions, services, and activities (or any portions of programs, functions, services, or activities) identified pursuant 

subparagraph (A) and the amounts associated with each 

program, function, service, and activity (or any portion 

of a program, function, service, or activity) identified pursuant to subparagraph (B); and 

(3) section 2604(h) of the Energy Policy Act of 1992 (25 

U.S.C. 3504(h)), including the process to be followed by, and 

any applicable criteria and documentation required for, an 

Indian tribe to request and obtain the certification described 

in that section. 

SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL GOVERNMENTS. 

Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 

3502(b)) is amended— 

(1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and 

(2) by inserting after paragraph (2) the following: 

‘‘(3) TECHNICAL AND SCIENTIFIC RESOURCES.—In addition 

to providing grants to Indian tribes under this subsection, 

the Secretary shall collaborate with the Directors of the 

National Laboratories in making the full array of technical 

and scientific resources of the Department of Energy available 

for tribal energy activities and projects.’’. 

SEC. 105. CONFORMING AMENDMENTS. 

(a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT ORGANIZATION.—Section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 

3501) is amended— 

(1) by redesignating paragraphs (9) through (12) as paragraphs (10) through (13), respectively; 

(2) by inserting after paragraph (8) the following: 

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

tribe that has— 
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‘‘(A) carried out a contract or compact under title I 

or IV of the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 5301 et seq.) for a period of 

not less than 3 consecutive years ending on the date on 

which the Indian tribe submits the application without 

material audit exception (or without any material audit 

exceptions that were not corrected within the 3-year period) 

relating to the management of tribal land or natural 

resources; or 

‘‘(B) substantial experience in the administration, 

review, or evaluation of energy resource leases or agreements or has otherwise substantially participated in the 

administration, management, or development of energy 

resources located on the tribal land of the Indian tribe.’’; 

and 

(3) by striking paragraph (12) (as redesignated by paragraph (1)) and inserting the following: 

‘‘(12) The term ‘tribal energy development organization’ 

means— 

‘‘(A) any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged 

in the development of energy resources and is wholly owned 

by an Indian tribe (including an organization incorporated 

pursuant to section 17 of the Act of June 18, 1934 (25 

U.S.C. 5124) (commonly known as the ‘‘Indian Reorganization Act’’) or section 3 of the Act of June 26, 1936 (49 

Stat. 1967, chapter 831) (commonly known as the ‘Oklahoma Indian Welfare Act’)); and 

‘‘(B) any organization of two or more entities, at least 

one of which is an Indian tribe, that has the written 

consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or 

other assistance under section 2602 or to enter into a 

lease or business agreement with, or acquire a right-ofway from, an Indian tribe pursuant to subsection 

(a)(2)(A)(ii) or (b)(2)(B) of section 2604.’’. 

(b) INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.—Section 

2602 of the Energy Policy Act of 1992 (25 U.S.C. 3502) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘tribal energy resource 

development organizations’’ and inserting ‘‘tribal energy 

development organizations’’; and 

(B) in paragraph (2), by striking ‘‘tribal energy resource 

development organizations’’ each place the term appears 

and inserting ‘‘tribal energy development organizations’’; 

and 

(2) in subsection (b)(2), by striking ‘‘tribal energy resource 

development organization’’ and inserting ‘‘tribal energy development organization’’. 

(c) WIND AND HYDROPOWER FEASIBILITY STUDY.—Section 

2606(c)(3) of the Energy Policy Act of 1992 (25 U.S.C. 3506(c)(3)) 

is amended by striking ‘‘energy resource development’’ and inserting 

‘‘energy development’’. 

(d) CONFORMING AMENDMENTS.—Section 2604(e) of the Energy 

Policy Act of 1992 (25 U.S.C. 3504(e)) is amended— 

(1) in paragraph (3)— 
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(A) by striking ‘‘(3) The Secretary’’ and inserting the 

following: 

‘‘(3) NOTICE AND COMMENT; SECRETARIAL REVIEW.—The Secretary’’; and 

(B) by striking ‘‘for approval’’; 

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

and inserting the following: 

‘‘(4) ACTION IN CASE OF DISAPPROVAL.—If the Secretary’’; 

(3) in paragraph (5)— 

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

the following: 

‘‘(5) PROVISION OF DOCUMENTS TO SECRETARY.—If an Indian 

tribe’’; and 

(B) in the matter preceding subparagraph (A), by 

striking ‘‘approved’’ and inserting ‘‘in effect’’; 

(4) in paragraph (6)— 

(A) by striking ‘‘(6)(A) In carrying out’’ and inserting 

the following: 

‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT OF SECTION.— 

‘‘(A) In carrying out’’; 

(B) in subparagraph (A), by indenting clauses (i) and 

(ii) appropriately; 

(C) in subparagraph (B), by striking ‘‘approved’’ and 

inserting ‘‘in effect’’; and 

(D) in subparagraph (D)— 

(i) in clause (i), by striking ‘‘an approved tribal 

energy resource agreement’’ and inserting ‘‘a tribal 

energy resource agreement in effect under this section’’; 

and 

(ii) in clause (ii), by striking ‘‘approved by the 

Secretary’’ and inserting ‘‘in effect’’; and 

(5) in paragraph (7)— 

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

the following: 

‘‘(7) PETITIONS BY INTERESTED PARTIES.— ‘‘(A) In this paragraph’’; 

(B) in subparagraph (A), by striking ‘‘approved by the 

Secretary’’ and inserting ‘‘in effect’’; 

(C) in subparagraph (B), by striking ‘‘approved by the 

Secretary’’ and inserting ‘‘in effect’’; and 

(D) in subparagraph (D)(iii)— 

(i) in subclause (I), by striking ‘‘approved’’; and 

(ii) in subclause (II)— 

(I) by striking ‘‘approval of’’ in the first place 

it appears; and 

(II) by striking ‘‘subsection (a) or (b)’’ and 

inserting ‘‘subsection (a)(2)(A)(i) or (b)(2)(A)’’. 

SEC. 106. REPORT. 

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

of enactment of this Act, the Secretary of the Interior shall submit 

to the Committee on Indian Affairs of the Senate and the Committee 

on Natural Resources of the House of Representatives a report 

that details with respect to activities for energy development on 

Indian land, how the Department of the Interior— 

(1) processes and completes the reviews of energy-related 

documents in a timely and transparent manner; 
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(2) monitors the timeliness of agency review for all energyrelated documents; 

(3) maintains databases to track and monitor the review 

and approval process for energy-related documents associated 

with conventional and renewable Indian energy resources that 

require Secretarial approval prior to development, including— 

(A) any seismic exploration permits; 

(B) permission to survey; 

(C) archeological and cultural surveys; 

(D) access permits; 

(E) environmental assessments; 

(F) oil and gas leases; 

(G) surface leases; 

(H) rights-of-way agreements; and 

(I) communitization agreements; 

(4) identifies in the databases— 

(A) the date lease applications and permits are received 

by the agency; 

(B) the status of the review; 

(C) the date the application or permit is considered 

complete and ready for review; 

(D) the date of approval; and 

(E) the start and end dates for any significant delays 

in the review process; 

(5) tracks in the databases, for all energy-related leases, 

agreements, applications, and permits that involve multiple 

agency review— 

(A) the dates documents are transferred between agencies; 

(B) the status of the review; 

(C) the date the required reviews are completed; and 

(D) the date interim or final decisions are issued. 

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

include— 

(1) a description of any intermediate and final deadlines 

for agency action on any Secretarial review and approval 

required for Indian conventional and renewable energy exploration and development activities; 

(2) a description of the existing geographic database established by the Bureau of Indian Affairs, explaining— 

(A) how the database identifies— 

(i) the location and ownership of all Indian oil 

and gas resources held in trust; 

(ii) resources available for lease; and 

(iii) the location of— 

(I) any lease of land held in trust or restricted 

fee on behalf of any Indian tribe or individual 

Indian; and 

(II) any rights-of-way on that land in effect; 

(B) how the information from the database is made 

available to— 

(i) the officials of the Bureau of Indian Affairs 

with responsibility over the management and development of Indian resources; and 

(ii) resource owners; and 
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(C) any barriers to identifying the information 

described in subparagraphs (A) and (B) or any deficiencies 

in that information; and 

(3) an evaluation of— 

(A) the ability of each applicable agency to track and 

monitor the review and approval process of the agency 

for Indian energy development; and 

(B) the extent to which each applicable agency complies 

with any intermediate and final deadlines. 

TITLE II—MISCELLANEOUS 

AMENDMENTS 

SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LICENSES. 

(a) IN GENERAL.—Section 7(a) of the Federal Power Act (16 

U.S.C. 800(a)) is amended by striking ‘‘States and municipalities’’ 

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

(b) APPLICABILITY.—The amendment made by subsection (a) 

shall not affect— 

(1) any preliminary permit or original license issued before 

the date of enactment of the Indian Tribal Energy Development 

and Self-Determination Act Amendments of 2017; or 

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

has issued a notice accepting that application for filing pursuant 

to section 4.32(d) of title 18, Code of Federal Regulations (or 

successor regulations), before the date of enactment of the 

Indian Tribal Energy Development and Self-Determination Act 

Amendments of 2017. 

(c) DEFINITION OF INDIAN TRIBE.—For purposes of section 7(a) 

of the Federal Power Act (16 U.S.C. 800(a)) (as amended by subsection (a)), the term ‘‘Indian tribe’’ has the meaning given the 

term in section 4 of the Indian Self-Determination and Education 

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

SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

(a) PURPOSE.—The purpose of this section is to establish a 

biomass demonstration project for federally recognized Indian tribes 

and Alaska Native corporations to promote biomass energy production. 

(b) TRIBAL BIOMASS DEMONSTRATION PROJECT.—The Tribal 

Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) is amended— 

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

‘‘In this Act’’; and 

(2) by adding at the end the following: 

‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREEMENTS.—For 

each of fiscal years 2017 through 2021, the Secretary shall enter 

into stewardship contracts or similar agreements (excluding direct 

service contracts) with Indian tribes to carry out demonstration 

projects to promote biomass energy production (including biofuel, 

heat, and electricity generation) on Indian forest land and in nearby 

communities by providing reliable supplies of woody biomass from 

Federal land. 

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

projects are authorized, at least 4 new demonstration projects that 
S. 245—16 

meet the eligibility criteria described in subsection (c) shall be 

carried out under contracts or agreements described in subsection 

(a). 

‘‘(c) ELIGIBILITY CRITERIA.—To be eligible to enter into a contract or agreement under this section, an Indian tribe shall submit 

to the Secretary an application— 

‘‘(1) containing such information as the Secretary may 

require; and 

‘‘(2) that includes a description of— 

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

jurisdiction of the Indian tribe; and 

‘‘(B) the demonstration project proposed to be carried 

out by the Indian tribe. 

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

under subsection (c), the Secretary shall— 

‘‘(1) take into consideration— 

‘‘(A) the factors set forth in paragraphs (1) and (2) 

of section 2(e); and 

‘‘(B) whether a proposed project would— 

‘‘(i) increase the availability or reliability of local 

or regional energy; 

‘‘(ii) enhance the economic development of the 

Indian tribe; 

‘‘(iii) result in or improve the connection of electric 

power transmission facilities serving the Indian tribe 

with other electric transmission facilities; 

‘‘(iv) improve the forest health or watersheds of 

Federal land or Indian forest land or rangeland; 

‘‘(v) demonstrate new investments in infrastructure; or 

‘‘(vi) otherwise promote the use of woody biomass; 

and 

‘‘(2) exclude from consideration any merchantable logs that 

have been identified by the Secretary for commercial sale. 

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

‘‘(1) ensure that the criteria described in subsection (c) 

are publicly available by not later than 120 days after the 

date of enactment of this section; and 

‘‘(2) to the maximum extent practicable, consult with Indian 

tribes and appropriate intertribal organizations likely to be 

affected in developing the application and otherwise carrying 

out this section. 

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

shall submit to Congress a report that describes, with respect 

to the reporting period— 

‘‘(1) each individual tribal application received under this 

section; and 

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

to this section. 

‘‘(g) INCORPORATION OF MANAGEMENT PLANS.—In carrying out 

a contract or agreement under this section, on receipt of a request 

from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the maximum extent practicable, management plans (including forest management and integrated resource 

management plans) in effect on the Indian forest land or rangeland 

of the respective Indian tribe. 
S. 245—17 

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

section— 

‘‘(1) shall be for a term of not more than 20 years; and 

‘‘(2) may be renewed in accordance with this section for 

not more than an additional 10 years.’’. 

(c) ALASKA NATIVE BIOMASS DEMONSTRATION PROJECT.— 

(1) DEFINITIONS.—In this subsection: 

(A) FEDERAL LAND.—The term ‘‘Federal land’’ means— 

(i) land of the National Forest System (as defined 

in section 11(a) of the Forest and Rangeland Renewable 

Resources Planning Act of 1974 (16 U.S.C. 1609(a)) 

administered by the Secretary of Agriculture, acting 

through the Chief of the Forest Service; and 

(ii) public lands (as defined in section 103 of the 

Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1702)), the surface of which is administered 

by the Secretary of the Interior, acting through the 

Director of the Bureau of Land Management. 

(B) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the 

meaning given the term in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 

5304). 

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

(i) the Secretary of Agriculture, with respect to 

land under the jurisdiction of the Forest Service; and 

(ii) the Secretary of the Interior, with respect to 

land under the jurisdiction of the Bureau of Land 

Management. 

(D) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ has the meaning given the term in section 4 of the 

Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 5304). 

(2) AGREEMENTS.—For each of fiscal years 2017 through 

2021, the Secretary shall enter into an agreement or contract 

with an Indian tribe or a tribal organization to carry out 

a demonstration project to promote biomass energy production 

(including biofuel, heat, and electricity generation) by providing 

reliable supplies of woody biomass from Federal land. 

(3) DEMONSTRATION PROJECTS.—In each fiscal year for 

which projects are authorized, at least 1 new demonstration 

project that meets the eligibility criteria described in paragraph 

(4) shall be carried out under contracts or agreements described 

in paragraph (2). 

(4) ELIGIBILITY CRITERIA.—To be eligible to enter into a 

contract or agreement under this subsection, an Indian tribe 

or tribal organization shall submit to the Secretary an application— 

(A) containing such information as the Secretary may 

require; and 

(B) that includes a description of the demonstration 

project proposed to be carried out by the Indian tribe 

or tribal organization. 

(5) SELECTION.—In evaluating the applications submitted 

under paragraph (4), the Secretary shall— 

(A) take into consideration whether a proposed project 

would— 
S. 245—18 

(i) increase the availability or reliability of local 

or regional energy; 

(ii) enhance the economic development of the 

Indian tribe; 

(iii) result in or improve the connection of electric 

power transmission facilities serving the Indian tribe 

with other electric transmission facilities; 

(iv) improve the forest health or watersheds of 

Federal land or non-Federal land; 

(v) demonstrate new investments in infrastructure; 

or 

(vi) otherwise promote the use of woody biomass; 

and 

(B) exclude from consideration any merchantable logs 

that have been identified by the Secretary for commercial 

sale. 

(6) IMPLEMENTATION.—The Secretary shall— 

(A) ensure that the criteria described in paragraph 

(4) are publicly available by not later than 120 days after 

the date of enactment of this subsection; and 

(B) to the maximum extent practicable, consult with 

Indian tribes and appropriate tribal organizations likely 

to be affected in developing the application and otherwise 

carrying out this subsection. 

(7) REPORT.—Not later than September 20, 2019, the Secretary shall submit to Congress a report that describes, with 

respect to the reporting period— 

(A) each individual application received under this subsection; and 

(B) each contract and agreement entered into pursuant 

to this subsection. 

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

this subsection— 

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

and 

(B) may be renewed in accordance with this subsection 

for not more than an additional 10 years. 

SEC. 203. WEATHERIZATION PROGRAM. 

Section 413(d) of the Energy Conservation and Production Act 

(42 U.S.C. 6863(d)) is amended— 

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

‘‘(1) RESERVATION OF AMOUNTS.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B) and 

notwithstanding any other provision of this part, the Secretary shall reserve from amounts that would otherwise 

be allocated to a State under this part not less than 100 

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

which bears the same proportion to the allocation of that 

State for the applicable fiscal year as the population of 

all low-income members of an Indian tribe in that State 

bears to the population of all low-income individuals in 

that State. 

‘‘(B) RESTRICTIONS.—Subparagraph (A) shall apply only 

if— 
S. 245—19 

‘‘(i) the tribal organization serving the low-income 

members of the applicable Indian tribe requests that 

the Secretary make a grant directly; and 

‘‘(ii) the Secretary determines that the low-income 

members of the applicable Indian tribe would be 

equally or better served by making a grant directly 

than a grant made to the State in which the lowincome members reside. 

‘‘(C) PRESUMPTION.—If the tribal organization 

requesting the grant is a tribally designated housing entity 

(as defined in section 4 of the Native American Housing 

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

4103)) that has operated without material audit exceptions 

(or without any material audit exceptions that were not 

corrected within a 3-year period), the Secretary shall presume that the low-income members of the applicable Indian 

tribe would be equally or better served by making a grant 

directly to the tribal organization than by a grant made 

to the State in which the low-income members reside.’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘The sums’’ and inserting ‘‘ADMINISTRATION.—The amounts’’; 

(B) by striking ‘‘on the basis of his determination’’; 

(C) by striking ‘‘individuals for whom such a determination has been made’’ and inserting ‘‘low-income members 

of the Indian tribe’’; and 

(D) by striking ‘‘he’’ and inserting ‘‘the Secretary’’; and 

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

‘‘APPLICATION.—In order’’. 

SEC. 204. APPRAISALS. 

(a) IN GENERAL.—Title XXVI of the Energy Policy Act of 1992 

(25 U.S.C. 3501 et seq.) is amended by adding at the end the 

following: 

‘‘SEC. 2607. APPRAISALS. 

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

of the Secretary and involves mineral or energy resources held 

in trust by the United States for the benefit of an Indian tribe 

or by an Indian tribe subject to Federal restrictions against alienation, any appraisal relating to fair market value of those resources 

required to be prepared under applicable law may be prepared 

by— 

‘‘(1) the Secretary; 

‘‘(2) the affected Indian tribe; or 

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

with the Indian tribe. 

‘‘(b) SECRETARIAL REVIEW AND APPROVAL.—Not later than 45 

days after the date on which the Secretary receives an appraisal 

prepared by or for an Indian tribe under paragraph (2) or (3) 

of subsection (a), the Secretary shall— 

‘‘(1) review the appraisal; and 

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

that the appraisal fails to meet the standards set forth in 

regulations promulgated under subsection (d). 

‘‘(c) NOTICE OF DISAPPROVAL.—If the Secretary determines that 

an appraisal submitted for approval under subsection (b) should 
S. 245—20 

be disapproved, the Secretary shall give written notice of the disapproval to the Indian tribe and a description of— 

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

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

cured to meet the applicable standards set forth in the regulations promulgated under subsection (d). 

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

to carry out this section, including standards the Secretary shall 

use for approving or disapproving the appraisal described in subsection (a).’’. 

SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION. 

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

Act of August 9, 1955 (commonly known as the ‘‘Long-Term Leasing 

Act’’) (25 U.S.C. 415(e)(1)), is amended— 

(1) by striking ‘‘, except a lease for’’ and inserting ‘‘, 

including a lease for’’; 

(2) by striking subparagraph (A) and inserting the following: 

‘‘(A) in the case of a business or agricultural lease, 

99 years;’’; 

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

end and inserting ‘‘; and’’; and 

(4) by adding at the end the following: 

‘‘(C) in the case of a lease for the exploration, development, or extraction of any mineral resource (including geothermal resources), 25 years, except that— 

‘‘(i) any such lease may include an option to renew 

for 1 additional term of not to exceed 25 years; and 

‘‘(ii) any such lease for the exploration, development, or extraction of an oil or gas resource shall 

be for a term of not to exceed 10 years, plus such 

additional period as the Navajo Nation determines to 

be appropriate in any case in which an oil or gas 

resource is produced in a paying quantity.’’. 

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

enactment of this Act, the Comptroller General of the United States 

shall prepare and submit to Congress a report describing the 

progress made in carrying out the amendment made by subsection 

(a). 

SEC. 206. EXTENSION OF TRIBAL LEASE PERIOD FOR THE CROW TRIBE 

OF MONTANA. 

Subsection (a) of the first section of the Act of August 9, 

1955 (25 U.S.C. 415(a)), is amended in the second sentence by 

inserting ‘‘, land held in trust for the Crow Tribe of Montana’’ 

after ‘‘Devils Lake Sioux Reservation’’. 

SEC. 207. TRUST STATUS OF LEASE PAYMENTS. 

(a) DEFINITION OF SECRETARY.—In this section, the term ‘‘Secretary’’ means the Secretary of the Interior. 

(b) TREATMENT OF LEASE PAYMENTS.— 

(1) IN GENERAL.—Except as provided in paragraph (2) and 

at the request of the Indian tribe or individual Indian, any 

advance payments, bid deposits, or other earnest money 

received by the Secretary in connection with the review and 

Secretarial approval under any other Federal law (including 

regulations) of a sale, lease, permit, or any other conveyance 
S. 245—21 

of any interest in any trust or restricted land of any Indian 

tribe or individual Indian shall, upon receipt and prior to Secretarial approval of the contract or conveyance instrument, be 

held in the trust fund system for the benefit of the Indian 

tribe and individual Indian from whose land the funds were 

generated. 

(2) RESTRICTION.—If the advance payment, bid deposit, 

or other earnest money received by the Secretary results from 

competitive bidding, upon selection of the successful bidder, 

only the funds paid by the successful bidder shall be held 

in the trust fund system. 

(c) USE OF FUNDS.— 

(1) IN GENERAL.—On the approval of the Secretary of a 

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

other conveyance described in subsection (b)(1), the funds held 

in the trust fund system and described in subsection (b), along 

with all income generated from the investment of those funds, 

shall be disbursed to the Indian tribe or individual Indian 

landowners. 

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

for a sale, lease, permit, or any other conveyance described 

in subsection (b)(1) is not approved by the Secretary, the funds 

held in the trust fund system and described in subsection 

(b), along with all income generated from the investment of 

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

such amount and on such terms as set out in, the applicable 

regulations, advertisement, or other notice governing the proposed conveyance of the interest in the land at issue. 

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

payment, bid deposit, or other earnest money received by the Secretary in connection with the review and Secretarial approval under 

any other Federal law (including regulations) of a sale, lease, 

permit, or any other conveyance of any interest in any trust or 

restricted land of any Indian tribe or individual Indian on or after 

the date of enactment of this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.