ID 

Union Calendar No. 823 

115TH CONGRESS 

2D SESSION S. 245 

[Report No. 115–1057, Part I] 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 30, 2017 

Referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

NOVEMBER 30, 2018 

Reported from the Committee on Natural Resources 

NOVEMBER 30, 2018 

Committee on Energy and Commerce discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 


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AN ACT 

To amend the Indian Tribal Energy Development and Self 

Determination Act of 2005, and for other purposes. 


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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. 

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. 


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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 re18 sources of that Indian tribe or the members of 

19 that Indian tribe.’’; and 

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

21 ‘‘(4) PLANNING.— 

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

23 program established by paragraph (1), the Sec24 retary shall provide technical assistance to inVerDate Sep 11 2014 20:48 Nov 30, 2018 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S245.RH S245

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1 terested Indian tribes to develop energy plans, 

2 including— 

3 ‘‘(i) plans for electrification; 

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

5 renewable energy permitting, energy effi6 ciency, electricity generation, transmission 

7 planning, water planning, and other plan8 ning relating to energy issues; 

9 ‘‘(iii) plans for the development of en10 ergy resources and to ensure the protection 

11 of natural, historic, and cultural resources; 

12 and 

13 ‘‘(iv) any other plans that would as14 sist an Indian tribe in the development or 

15 use of energy resources. 

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

17 program under paragraph (1), the Secretary 

18 shall work in cooperation with the Office of In19 dian Energy Policy and Programs of the De20 partment of Energy.’’. 

21 (b) DEPARTMENT OF ENERGY INDIAN ENERGY EDU22 CATION PLANNING AND MANAGEMENT ASSISTANCE PRO23 GRAM.—Section 2602(b)(2) of the Energy Policy Act of 

24 1992 (25 U.S.C. 3502(b)(2)) is amended— 


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

2 by inserting ‘‘, intertribal organization,’’ after ‘‘In3 dian tribe’’; 

4 (2) by redesignating subparagraphs (C) and 

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

6 (3) by inserting after subparagraph (B) the fol7 lowing: 

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

9 Indian tribes to manage energy development 

10 and energy efficiency programs;’’. 

11 (c) DEPARTMENT OF ENERGY LOAN GUARANTEE

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

13 1992 (25 U.S.C. 3502(c)) is amended— 

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

15 energy development organization’’ after ‘‘Indian 

16 tribe’’; 

17 (2) in paragraph (3)— 

18 (A) in the matter preceding subparagraph 

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

20 ‘‘guaranteed’’; 

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

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

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

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


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1 ‘‘(C) a tribal energy development organiza2 tion, from funds of the tribal energy develop3 ment organization.’’; and 

4 (3) in paragraph (5), by striking ‘‘The Sec5 retary of Energy may’’ and inserting ‘‘Not later 

6 than 1 year after the date of enactment of the In7 dian Tribal Energy Development and Self-Deter8 mination Act Amendments of 2017, the Secretary of 

9 Energy shall’’. 

10 SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULA11 TION. 

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

13 U.S.C. 3503(c)) is amended— 

14 (1) in paragraph (1), by striking ‘‘on the re15 quest of an Indian tribe, the Indian tribe’’ and in16 serting ‘‘on the request of an Indian tribe or a tribal 

17 energy development organization, the Indian tribe or 

18 tribal energy development organization’’; and 

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

20 energy development organization’’ after ‘‘Indian 

21 tribe’’. 

22 SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS. 

23 (a) AMENDMENT.—Section 2604 of the Energy Pol24 icy Act of 1992 (25 U.S.C. 3504) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1)— 

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

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

4 (ii) in subparagraph (B)— 

5 (I) by striking clause (i) and in6 serting the following: 

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

8 transmission, or distribution facility (in9 cluding a facility that produces electricity 

10 from renewable energy resources) located 

11 on tribal land; or’’; and 

12 (II) in clause (ii)— 

13 (aa) by inserting ‘‘, at least 

14 a portion of which have been’’ 

15 after ‘‘energy resources’’; 

16 (bb) by inserting ‘‘or pro17 duced from’’ after ‘‘developed 

18 on’’; and 

19 (cc) by striking ‘‘and’’ after 

20 the semicolon at the end and in21 serting ‘‘or’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(C) pooling, unitization, or 

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1 sources of the Indian tribe located on tribal 

2 land with any other energy mineral resource 

3 (including energy mineral resources owned by 

4 the Indian tribe or an individual Indian in fee, 

5 trust, or restricted status or by any other per6 sons or entities) if the owner, or, if appropriate, 

7 lessee, of the resources has consented or con8 sents to the pooling, unitization, or 

9 communitization of the other resources under 

10 any lease or agreement; and’’; and 

11 (B) by striking paragraph (2) and insert12 ing the following: 

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

14 paragraph (1) shall not require review by, or the ap15 proval of, the Secretary under section 2103 of the 

16 Revised Statutes (25 U.S.C. 81), or any other provi17 sion of law (including regulations), if the lease or 

18 business agreement— 

19 ‘‘(A) was executed— 

20 ‘‘(i) in accordance with the require21 ments of a tribal energy resource agree22 ment in effect under subsection (e) (includ23 ing the periodic review and evaluation of 

24 the activities of the Indian tribe under the 

25 agreement, to be conducted pursuant to 


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1 subparagraphs (D) and (E) of subsection 

2 (e)(2)); or 

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

4 energy development organization for which 

5 the Indian tribe has obtained a certifi6 cation pursuant to subsection (h); and 

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

8 ‘‘(i) 30 years; or 

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

11 both, 10 years and as long thereafter as oil 

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

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

14 following: 

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

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

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

18 ‘‘(1) serves— 

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

20 transmission, or distribution facility (including 

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

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

24 extracts, produces, processes, or refines energy 

25 resources; or 


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

5 ‘‘(2) was executed— 

6 ‘‘(A) in accordance with the requirements 

7 of a tribal energy resource agreement in effect 

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

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

13 ‘‘(B) by the Indian tribe and a tribal en14 ergy development organization for which the In15 dian tribe has obtained a certification pursuant 

16 to subsection (h); and 

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

18 years.’’; 

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

20 following: 

21 ‘‘(d) VALIDITY.—No lease or business agreement en22 tered into, or right-of-way granted, pursuant to this sec23 tion shall be valid unless the lease, business agreement, 

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

25 (4) in subsection (e)— 


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1 (A) by striking paragraph (1) and insert2 ing the following: 

3 ‘‘(1) IN GENERAL.— 

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

5 date of enactment of the Indian Tribal Energy 

6 Development and Self-Determination Act 

7 Amendments of 2017, a qualified Indian tribe 

8 may submit to the Secretary a tribal energy re9 source agreement governing leases, business 

10 agreements, and rights-of-way under this sec11 tion. 

12 ‘‘(B) NOTICE OF COMPLETE PROPOSED

13 AGREEMENT.—Not later than 60 days after the 

14 date on which the tribal energy resource agree15 ment is submitted under subparagraph (A), the 

16 Secretary shall— 

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

18 whether the agreement is complete or in19 complete; 

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

21 notify the Indian tribe of what information 

22 or documentation is needed to complete the 

23 submission; and 

24 ‘‘(iii) identify and notify the Indian 

25 tribe of the financial assistance, if any, to 


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1 be provided by the Secretary to the Indian 

2 tribe to assist in the implementation of the 

3 tribal energy resource agreement, including 

4 the environmental review of individual 

5 projects. 

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

7 precludes the Secretary from providing any fi8 nancial assistance at any time to the Indian 

9 tribe to assist in the implementation of the trib10 al energy resource agreement.’’; 

11 (B) in paragraph (2)— 

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

13 follows through the end of subparagraph 

14 (A) and inserting the following: 

15 ‘‘(2) PROCEDURE.— 

16 ‘‘(A) EFFECTIVE DATE.— 

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

18 is 271 days after the date on which the 

19 Secretary receives a tribal energy resource 

20 agreement from a qualified Indian tribe 

21 under paragraph (1), the tribal energy re22 source agreement shall take effect, unless 

23 the Secretary disapproves the tribal energy 

24 resource agreement under subparagraph 

25 (B). 


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1 ‘‘(ii) REVISED TRIBAL ENERGY RE2 SOURCE AGREEMENT.—On the date that is 

3 91 days after the date on which the Sec4 retary receives a revised tribal energy re5 source agreement from a qualified Indian 

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

7 tribal energy resource agreement shall take 

8 effect, unless the Secretary disapproves the 

9 revised tribal energy resource agreement 

10 under subparagraph (B).’’; 

11 (ii) in subparagraph (B)— 

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

13 follows through clause (ii) and insert14 ing the following: 

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

16 disapprove a tribal energy resource agreement 

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

18 only if— 

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

20 resource agreement violates applicable 

21 Federal law (including regulations) or a 

22 treaty applicable to the Indian tribe; 

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1 sions required under subparagraph (D); 

2 or’’; and 

3 (II) in clause (iii)— 

4 (aa) in the matter preceding 

5 subclause (I), by striking ‘‘in6 cludes’’ and all that follows 

7 through ‘‘section—’’ and insert8 ing ‘‘does not include provisions 

9 that, with respect to any lease, 

10 business agreement, or right-of11 way to which the tribal energy 

12 resource agreement applies—’’; 

13 (bb) by striking subclauses 

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

15 (cc) by redesignating clauses 

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

17 through (XIV), and (XVI) as 

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

19 through (X), and (XI), respec20 tively; 

21 (dd) in item (bb) of sub22 clause (XI) (as redesignated by 

23 item (cc))— 

24 (AA) by striking ‘‘or 

25 tribal’’; and 


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1 (BB) by striking the 

2 period at the end and insert3 ing a semicolon; and 

4 (ee) by adding at the end 

5 the following: 

6 ‘‘(XII) include a certification by 

7 the Indian tribe that the Indian tribe 

8 has— 

9 ‘‘(aa) carried out a contract 

10 or compact under title I or IV of 

11 the Indian Self-Determination 

12 and Education Assistance Act 

13 (25 U.S.C. 5301 et seq.) for a 

14 period of not less than 3 consecu15 tive years ending on the date on 

16 which the Indian tribe submits 

17 the application without material 

18 audit exception (or without any 

19 material audit exceptions that 

20 were not corrected within the 3- 

21 year period) relating to the man22 agement of tribal land or natural 

23 resources; or 

24 ‘‘(bb) substantial experience 

25 in the administration, review, or 


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1 evaluation of energy resource 

2 leases or agreements or has oth3 erwise substantially participated 

4 in the administration, manage5 ment, or development of energy 

6 resources located on the tribal 

7 land of the Indian tribe; and 

8 ‘‘(XIII) at the option of the In9 dian tribe, identify which functions, if 

10 any, authorizing any operational or 

11 development activities pursuant to a 

12 lease, right-of-way, or business agree13 ment approved by the Indian tribe, 

14 that the Indian tribe intends to con15 duct.’’; 

16 (iii) in subparagraph (C)— 

17 (I) by striking clauses (i) and 

18 (ii); 

19 (II) by redesignating clauses (iii) 

20 through (v) as clauses (ii) through 

21 (iv), respectively; and 

22 (III) by inserting before clause 

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

24 the following: 

25 ‘‘(i) a process for ensuring that— 


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1 ‘‘(I) the public is informed of, 

2 and has reasonable opportunity to 

3 comment on, any significant environ4 mental impacts of the proposed ac5 tion; and 

6 ‘‘(II) the Indian tribe provides 

7 responses to relevant and substantive 

8 public comments on any impacts de9 scribed in subclause (I) before the In10 dian tribe approves the lease, business 

11 agreement, or right-of-way;’’; 

12 (iv) in subparagraph (D)(ii), by strik13 ing ‘‘subparagraph (B)(iii)(XVI)’’ and in14 serting ‘‘subparagraph (B)(iv)(XI)’’; and 

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

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

17 resource agreement that takes effect pursuant 

18 to this subsection shall remain in effect to the 

19 extent any provision of the tribal energy re20 source agreement is consistent with applicable 

21 Federal law (including regulations), unless the 

22 tribal energy resource agreement is— 

23 ‘‘(i) rescinded by the Secretary pursu24 ant to paragraph (7)(D)(iii)(II); or 


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1 ‘‘(ii) voluntarily rescinded by the In2 dian tribe pursuant to the regulations pro3 mulgated under paragraph (8)(B) (or suc4 cessor regulations).’’; 

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

6 disapproval’’ and all that follows through the 

7 end of subparagraph (C) and inserting the fol8 lowing: ‘‘date of disapproval, provide the Indian 

9 tribe with— 

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

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

12 and 

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

14 tribal energy resource agreement necessary 

15 to address each reason; and 

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

17 the tribal energy resource agreement.’’; 

18 (D) in paragraph (6)— 

19 (i) in subparagraph (B)— 

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

21 and inserting the following: 

22 ‘‘(B) Subject only to’’; and 

23 (II) by striking ‘‘subparagraph 

24 (D)’’ and inserting ‘‘subparagraphs 

25 (C) and (D)’’; 


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1 (ii) in subparagraph (C), in the mat2 ter preceding clause (i), by inserting ‘‘to 

3 perform the obligations of the Secretary 

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

5 and 

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

7 at the end the following: 

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

9 limits, or otherwise affects the liability, if 

10 any, of the United States for any— 

11 ‘‘(I) term of any lease, business 

12 agreement, or right-of-way under this 

13 section that is not a negotiated term; 

14 or 

15 ‘‘(II) losses that are not the re16 sult of a negotiated term, including 

17 losses resulting from the failure of the 

18 Secretary to perform an obligation of 

19 the Secretary under this section.’’; 

20 (E) in paragraph (7)— 

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

22 ‘‘has demonstrated’’ and inserting ‘‘the 

23 Secretary determines has demonstrated 

24 with substantial evidence’’; 


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

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

3 remedies (if any) provided under the laws 

4 of the Indian tribe’’; 

5 (iii) in subparagraph (D)— 

6 (I) in clause (i), by striking ‘‘de7 termine’’ and all that follows through 

8 the end of the clause and inserting the 

9 following: ‘‘determine— 

10 ‘‘(I) whether the petitioner 

11 is an interested party; and 

12 ‘‘(II) if the petitioner is an 

13 interested party, whether the In14 dian tribe is not in compliance 

15 with the tribal energy resource 

16 agreement as alleged in the peti17 tion.’’; 

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

19 ‘‘determination’’ and inserting ‘‘deter20 minations’’; and 

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

22 preceding subclause (I) by striking 

23 ‘‘agreement’’ the first place it appears 

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1 ant to clause (i), the Secretary shall 

2 only take such action as the Secretary 

3 determines necessary to address the 

4 claims of noncompliance made in the 

5 petition, including’’; 

6 (iv) in subparagraph (E)(i), by strik7 ing ‘‘the manner in which’’ and inserting 

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

9 petition, how’’; and 

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

11 ‘‘(G) Notwithstanding any other provision 

12 of this paragraph, the Secretary shall dismiss 

13 any petition from an interested party that has 

14 agreed with the Indian tribe to a resolution of 

15 the claims presented in the petition of that 

16 party.’’; 

17 (F) in paragraph (8)— 

18 (i) by striking subparagraph (A); 

19 (ii) by redesignating subparagraphs 

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

21 through (C), respectively; and 

22 (iii) in subparagraph (A) (as redesig23 nated by clause (ii))— 

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

25 ‘‘and’’ at the end; 


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

2 ‘‘and’’ after the semicolon; and 

3 (III) by adding at the end the 

4 following: 

5 ‘‘(iii) amend an approved tribal energy 

6 resource agreement to assume authority 

7 for approving leases, business agreements, 

8 or rights-of-way for development of an9 other energy resource that is not included 

10 in an approved tribal energy resource 

11 agreement without being required to apply 

12 for a new tribal energy resource agree13 ment;’’ and 

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

15 ‘‘(9) EFFECT.—Nothing in this section author16 izes the Secretary to deny a tribal energy resource 

17 agreement or any amendment to a tribal energy re18 source agreement, or to limit the effect or implemen19 tation of this section, due to lack of promulgated 

20 regulations.’’; 

21 (5) by redesignating subsection (g) as sub22 section (j); and 

23 (6) by inserting after subsection (f) the fol24 lowing: 


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

2 BY THE SECRETARY.— 

3 ‘‘(1) IN GENERAL.—Any amounts that the Sec4 retary would otherwise expend to operate or carry 

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

6 any portion of a program, function, service, or activ7 ity) of the Department that, as a result of an Indian 

8 tribe carrying out activities under a tribal energy re9 source agreement, the Secretary does not expend, 

10 the Secretary shall, at the request of the Indian 

11 tribe, make available to the Indian tribe in accord12 ance with this subsection. 

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

14 Secretary shall make the amounts described in para15 graph (1) available to an Indian tribe through an 

16 annual written funding agreement that is negotiated 

17 and entered into with the Indian tribe that is sepa18 rate from the tribal energy resource agreement. 

19 ‘‘(3) EFFECT OF APPROPRIATIONS.—Notwith20 standing paragraph (1)— 

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

22 tribe under this subsection is subject to the 

23 availability of appropriations; and 

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

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1 ices, or activities that serve any other Indian 

2 tribe to make amounts available to an Indian 

3 tribe under this subsection. 

4 ‘‘(4) DETERMINATION.— 

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

6 calculate the amounts under paragraph (1) in 

7 accordance with the regulations adopted under 

8 section 103(b) of the Indian Tribal Energy De9 velopment and Self-Determination Act Amend10 ments of 2017. 

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

12 or implementation of a tribal energy resource 

13 agreement under this section shall not be de14 layed or otherwise affected by— 

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

16 regulations under section 103(b) of the In17 dian Tribal Energy Development and Self18 Determination Act Amendments of 2017; 

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

20 Secretary to make the calculation required 

21 under paragraph (1); or 

22 ‘‘(iii) the adoption of a funding agree23 ment under paragraph (2). 

24 ‘‘(h) CERTIFICATION OF TRIBAL ENERGY DEVELOP25 MENT ORGANIZATION.— 


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

2 after the date on which an Indian tribe submits an 

3 application for certification of a tribal energy devel4 opment organization in accordance with regulations 

5 promulgated under section 103(b) of the Indian 

6 Tribal Energy Development and Self-Determination 

7 Act Amendments of 2017, the Secretary shall ap8 prove or disapprove the application. 

9 ‘‘(2) REQUIREMENTS.—The Secretary shall ap10 prove an application for certification if— 

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

12 contract or compact under title I or IV of the 

13 Indian Self-Determination and Education As14 sistance Act (25 U.S.C. 5301 et seq.); and 

15 ‘‘(ii) for a period of not less than 3 con16 secutive years ending on the date on which the 

17 Indian tribe submits the application, the con18 tract or compact— 

19 ‘‘(I) has been carried out by the In20 dian tribe without material audit excep21 tions (or without any material audit excep22 tions that were not corrected within the 3- 

23 year period); and 


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1 ‘‘(II) has included programs or activi2 ties relating to the management of tribal 

3 land; and 

4 ‘‘(B)(i) the tribal energy development orga5 nization is organized under the laws of the In6 dian tribe; 

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

8 tribal energy development organization is owned 

9 and controlled by the Indian tribe (or the In10 dian tribe and one or more other Indian tribes) 

11 the tribal land of which is being developed; and 

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

13 energy development organization requires that 

14 the Indian tribe with jurisdiction over the land 

15 maintain at all times the controlling interest in 

16 the tribal energy development organization; 

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

18 energy development organization requires that 

19 the Indian tribe (or the Indian tribe and one or 

20 more other Indian tribes) the tribal land of 

21 which is being developed own and control at all 

22 times a majority of the interest in the tribal en23 ergy development organization; and 

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

25 energy development organization includes a 


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1 statement that the organization shall be subject 

2 to the jurisdiction, laws, and authority of the 

3 Indian tribe. 

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

5 approves an application for certification pursuant to 

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

7 days after making the determination— 

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

9 ‘‘(i) the tribal energy development or10 ganization is organized under the laws of 

11 the Indian tribe and subject to the juris12 diction, laws, and authority of the Indian 

13 tribe; 

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

15 the tribal energy development organization 

16 is owned and controlled by the Indian tribe 

17 (or the Indian tribe and one or more other 

18 Indian tribes) the tribal land of which is 

19 being developed; 

20 ‘‘(iii) the organizing document of the 

21 tribal energy development organization re22 quires that the Indian tribe with jurisdic23 tion over the land maintain at all times the 

24 controlling interest in the tribal energy de25 velopment organization; 


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1 ‘‘(iv) the organizing document of the 

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

4 tribe and one or more other Indian tribes 

5 the tribal land of which is being developed) 

6 own and control at all times a majority of 

7 the interest in the tribal energy develop8 ment organization; and 

9 ‘‘(v) the certification is issued pursu10 ant this subsection; 

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

12 the Indian tribe; and 

13 ‘‘(C) publish the certification in the Fed14 eral Register. 

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

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

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

18 date of enactment of the Indian Tribal Energy Develop19 ment and Self-Determination Act Amendments of 2017, 

20 the Secretary shall promulgate or update any regulations 

21 that are necessary to implement this section, including 

22 provisions to implement— 

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

24 of 1992 (25 U.S.C. 3504(e)(8)), including the proc25 ess to be followed by an Indian tribe amending an 


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1 existing tribal energy resource agreement to assume 

2 authority for approving leases, business agreements, 

3 or rights-of-way for development of an energy re4 source that is not included in the tribal energy re5 source agreement; 

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

7 1992 (25 U.S.C. 3504(g)) including the manner in 

8 which the Secretary, at the request of an Indian 

9 tribe, shall— 

10 (A) identify the programs, functions, serv11 ices, and activities (or any portions of pro12 grams, functions, services, or activities) that the 

13 Secretary will not have to operate or carry out 

14 as a result of the Indian tribe carrying out ac15 tivities under a tribal energy resource agree16 ment; 

17 (B) identify the amounts that the Sec18 retary would have otherwise expended to oper19 ate or carry out each program, function, serv20 ice, and activity (or any portion of a program, 

21 function, service, or activity) identified pursu22 ant to subparagraph (A); and 

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

24 programs, functions, services, and activities (or 

25 any portions of programs, functions, services, or 


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1 activities) identified pursuant subparagraph (A) 

2 and the amounts associated with each program, 

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

4 a program, function, service, or activity) identi5 fied pursuant to subparagraph (B); and 

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

7 1992 (25 U.S.C. 3504(h)), including the process to 

8 be followed by, and any applicable criteria and docu9 mentation required for, an Indian tribe to request 

10 and obtain the certification described in that section. 

11 SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 

12 GOVERNMENTS. 

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

14 (25 U.S.C. 3502(b)) is amended— 

15 (1) by redesignating paragraphs (3) through 

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

17 (2) by inserting after paragraph (2) the fol18 lowing: 

19 ‘‘(3) TECHNICAL AND SCIENTIFIC RE20 SOURCES.—In addition to providing grants to Indian 

21 tribes under this subsection, the Secretary shall col22 laborate with the Directors of the National Labora23 tories in making the full array of technical and sci24 entific resources of the Department of Energy avail25 able for tribal energy activities and projects.’’. 


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1 SEC. 105. CONFORMING AMENDMENTS. 

2 (a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT

3 ORGANIZATION.—Section 2601 of the Energy Policy Act 

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

5 (1) by redesignating paragraphs (9) through 

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

7 (2) by inserting after paragraph (8) the fol8 lowing: 

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

10 Indian tribe that has— 

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

12 under title I or IV of the Indian Self-Deter13 mination and Education Assistance Act (25 

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

15 than 3 consecutive years ending on the date on 

16 which the Indian tribe submits the application 

17 without material audit exception (or without 

18 any material audit exceptions that were not cor19 rected within the 3-year period) relating to the 

20 management of tribal land or natural resources; 

21 or 

22 ‘‘(B) substantial experience in the adminis23 tration, review, or evaluation of energy resource 

24 leases or agreements or has otherwise substan25 tially participated in the administration, man26 agement, or development of energy resources loVerDate Sep 11 2014 20:48 Nov 30, 2018 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S245.RH S245

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1 cated on the tribal land of the Indian tribe.’’; 

2 and 

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

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

5 ‘‘(12) The term ‘tribal energy development or6 ganization’ means— 

7 ‘‘(A) any enterprise, partnership, consor8 tium, corporation, or other type of business or9 ganization that is engaged in the development 

10 of energy resources and is wholly owned by an 

11 Indian tribe (including an organization incor12 porated pursuant to section 17 of the Act of 

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

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

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

16 1967, chapter 831) (commonly known as the 

17 ‘Oklahoma Indian Welfare Act’)); and 

18 ‘‘(B) any organization of two or more enti19 ties, at least one of which is an Indian tribe, 

20 that has the written consent of the governing 

21 bodies of all Indian tribes participating in the 

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

23 assistance under section 2602 or to enter into 

24 a lease or business agreement with, or acquire 

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


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1 to subsection (a)(2)(A)(ii) or (b)(2)(B) of sec2 tion 2604.’’. 

3 (b) INDIAN TRIBAL ENERGY RESOURCE DEVELOP4 MENT.—Section 2602 of the Energy Policy Act of 1992 

5 (25 U.S.C. 3502) is amended— 

6 (1) in subsection (a)— 

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

8 energy resource development organizations’’ 

9 and inserting ‘‘tribal energy development orga10 nizations’’; and 

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

12 energy resource development organizations’’ 

13 each place the term appears and inserting 

14 ‘‘tribal energy development organizations’’; and 

15 (2) in subsection (b)(2), by striking ‘‘tribal en16 ergy resource development organization’’ and insert17 ing ‘‘tribal energy development organization’’. 

18 (c) WIND AND HYDROPOWER FEASIBILITY STUDY.— 

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

20 U.S.C. 3506(c)(3)) is amended by striking ‘‘energy re21 source development’’ and inserting ‘‘energy development’’. 

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

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

24 amended— 

25 (1) in paragraph (3)— 


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

2 inserting the following: 

3 ‘‘(3) NOTICE AND COMMENT; SECRETARIAL RE4 VIEW.—The Secretary’’; and 

5 (B) by striking ‘‘for approval’’; 

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

7 Secretary’’ and inserting the following: 

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

9 Secretary’’; 

10 (3) in paragraph (5)— 

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

12 and inserting the following: 

13 ‘‘(5) PROVISION OF DOCUMENTS TO SEC14 RETARY.—If an Indian tribe’’; and 

15 (B) in the matter preceding subparagraph 

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

17 effect’’; 

18 (4) in paragraph (6)— 

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

20 and inserting the following: 

21 ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT

22 OF SECTION.— 

23 ‘‘(A) In carrying out’’; 

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

25 clauses (i) and (ii) appropriately; 


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1 (C) in subparagraph (B), by striking ‘‘ap2 proved’’ and inserting ‘‘in effect’’; and 

3 (D) in subparagraph (D)— 

4 (i) in clause (i), by striking ‘‘an ap5 proved tribal energy resource agreement’’ 

6 and inserting ‘‘a tribal energy resource 

7 agreement in effect under this section’’; 

8 and 

9 (ii) in clause (ii), by striking ‘‘ap10 proved by the Secretary’’ and inserting ‘‘in 

11 effect’’; and 

12 (5) in paragraph (7)— 

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

14 and inserting the following: 

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

16 ‘‘(A) In this paragraph’’; 

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

20 (C) in subparagraph (B), by striking ‘‘ap21 proved by the Secretary’’ and inserting ‘‘in ef22 fect’’; and 

23 (D) in subparagraph (D)(iii)— 

24 (i) in subclause (I), by striking ‘‘ap25 proved’’; and 


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1 (ii) in subclause (II)— 

2 (I) by striking ‘‘approval of’’ in 

3 the first place it appears; and 

4 (II) by striking ‘‘subsection (a) 

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

6 (a)(2)(A)(i) or (b)(2)(A)’’. 

7 SEC. 106. REPORT. 

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

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

10 Interior shall submit to the Committee on Indian Affairs 

11 of the Senate and the Committee on Natural Resources 

12 of the House of Representatives a report that details with 

13 respect to activities for energy development on Indian 

14 land, how the Department of the Interior— 

15 (1) processes and completes the reviews of en16 ergy-related documents in a timely and transparent 

17 manner; 

18 (2) monitors the timeliness of agency review for 

19 all energy-related documents; 

20 (3) maintains databases to track and monitor 

21 the review and approval process for energy-related 

22 documents associated with conventional and renew23 able Indian energy resources that require Secretarial 

24 approval prior to development, including— 

25 (A) any seismic exploration permits; 


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1 (B) permission to survey; 

2 (C) archeological and cultural surveys; 

3 (D) access permits; 

4 (E) environmental assessments; 

5 (F) oil and gas leases; 

6 (G) surface leases; 

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

8 (I) communitization agreements; 

9 (4) identifies in the databases— 

10 (A) the date lease applications and permits 

11 are received by the agency; 

12 (B) the status of the review; 

13 (C) the date the application or permit is 

14 considered complete and ready for review; 

15 (D) the date of approval; and 

16 (E) the start and end dates for any signifi17 cant delays in the review process; 

18 (5) tracks in the databases, for all energy-re19 lated leases, agreements, applications, and permits 

20 that involve multiple agency review— 

21 (A) the dates documents are transferred 

22 between agencies; 

23 (B) the status of the review; 

24 (C) the date the required reviews are com25 pleted; and 


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1 (D) the date interim or final decisions are 

2 issued. 

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

4 shall include— 

5 (1) a description of any intermediate and final 

6 deadlines for agency action on any Secretarial review 

7 and approval required for Indian conventional and 

8 renewable energy exploration and development ac9 tivities; 

10 (2) a description of the existing geographic 

11 database established by the Bureau of Indian Af12 fairs, explaining— 

13 (A) how the database identifies— 

14 (i) the location and ownership of all 

15 Indian oil and gas resources held in trust; 

16 (ii) resources available for lease; and 

17 (iii) the location of— 

18 (I) any lease of land held in trust 

19 or restricted fee on behalf of any In20 dian tribe or individual Indian; and 

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

22 land in effect; 

23 (B) how the information from the database 

24 is made available to— 


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1 (i) the officials of the Bureau of In2 dian Affairs with responsibility over the 

3 management and development of Indian 

4 resources; and 

5 (ii) resource owners; and 

6 (C) any barriers to identifying the informa7 tion described in subparagraphs (A) and (B) or 

8 any deficiencies in that information; and 

9 (3) an evaluation of— 

10 (A) the ability of each applicable agency to 

11 track and monitor the review and approval 

12 process of the agency for Indian energy develop13 ment; and 

14 (B) the extent to which each applicable 

15 agency complies with any intermediate and final 

16 deadlines. 

17 TITLE II—MISCELLANEOUS 

18 AMENDMENTS 

19 SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LI20 CENSES. 

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

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

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

24 and municipalities’’. 


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1 (b) APPLICABILITY.—The amendment made by sub2 section (a) shall not affect— 

3 (1) any preliminary permit or original license 

4 issued before the date of enactment of the Indian 

5 Tribal Energy Development and Self-Determination 

6 Act Amendments of 2017; or 

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

8 Commission has issued a notice accepting that appli9 cation for filing pursuant to section 4.32(d) of title 

10 18, Code of Federal Regulations (or successor regu11 lations), before the date of enactment of the Indian 

12 Tribal Energy Development and Self-Determination 

13 Act Amendments of 2017. 

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

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

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

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

18 Self-Determination and Education Assistance Act (25 

19 U.S.C. 5304). 

20 SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

21 (a) PURPOSE.—The purpose of this section is to es22 tablish a biomass demonstration project for federally rec23 ognized Indian tribes and Alaska Native corporations to 

24 promote biomass energy production. 


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1 (b) TRIBAL BIOMASS DEMONSTRATION PROJECT.— 

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

3 3115a et seq.) is amended— 

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

5 and inserting ‘‘In this Act’’; and 

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

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

8 ‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREE9 MENTS.—For each of fiscal years 2017 through 2021, the 

10 Secretary shall enter into stewardship contracts or similar 

11 agreements (excluding direct service contracts) with In12 dian tribes to carry out demonstration projects to promote 

13 biomass energy production (including biofuel, heat, and 

14 electricity generation) on Indian forest land and in nearby 

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

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

18 year for which projects are authorized, at least 4 new dem19 onstration projects that meet the eligibility criteria de20 scribed in subsection (c) shall be carried out under con21 tracts or agreements described in subsection (a). 

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

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

24 tribe shall submit to the Secretary an application— 


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

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

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

5 under the jurisdiction of the Indian tribe; and 

6 ‘‘(B) the demonstration project proposed 

7 to be carried out by the Indian tribe. 

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

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

10 ‘‘(1) take into consideration— 

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

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

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

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

16 ‘‘(ii) enhance the economic develop17 ment of the Indian tribe; 

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

20 serving the Indian tribe with other electric 

21 transmission facilities; 

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

24 land or rangeland; 


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1 ‘‘(v) demonstrate new investments in 

2 infrastructure; or 

3 ‘‘(vi) otherwise promote the use of 

4 woody biomass; and 

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

7 for commercial sale. 

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

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

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

12 and 

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

14 with Indian tribes and appropriate intertribal orga15 nizations likely to be affected in developing the ap16 plication and otherwise carrying out this section. 

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

18 the Secretary shall submit to Congress a report that de19 scribes, with respect to the reporting period— 

20 ‘‘(1) each individual tribal application received 

21 under this section; and 

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

23 pursuant to this section. 

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

25 carrying out a contract or agreement under this section, 


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

2 shall incorporate into the contract or agreement, to the 

3 maximum extent practicable, management plans (includ4 ing forest management and integrated resource manage5 ment plans) in effect on the Indian forest land or range6 land of the respective Indian tribe. 

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

8 under this section— 

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

10 years; and 

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

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

13 (c) ALASKA NATIVE BIOMASS DEMONSTRATION

14 PROJECT.— 

15 (1) DEFINITIONS.—In this subsection: 

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

17 land’’ means— 

18 (i) land of the National Forest System 

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

20 and Rangeland Renewable Resources Plan21 ning Act of 1974 (16 U.S.C. 1609(a)) ad22 ministered by the Secretary of Agriculture, 

23 acting through the Chief of the Forest 

24 Service; and 


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1 (ii) public lands (as defined in section 

2 103 of the Federal Land Policy and Man3 agement Act of 1976 (43 U.S.C. 1702)), 

4 the surface of which is administered by the 

5 Secretary of the Interior, acting through 

6 the Director of the Bureau of Land Man7 agement. 

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

9 tribe’’ has the meaning given the term in sec10 tion 4 of the Indian Self-Determination and 

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

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

13 means— 

14 (i) the Secretary of Agriculture, with 

15 respect to land under the jurisdiction of 

16 the Forest Service; and 

17 (ii) the Secretary of the Interior, with 

18 respect to land under the jurisdiction of 

19 the Bureau of Land Management. 

20 (D) TRIBAL ORGANIZATION.—The term 

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

22 term in section 4 of the Indian Self-Determina23 tion and Education Assistance Act (25 U.S.C. 

24 5304). 


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

2 2017 through 2021, the Secretary shall enter into 

3 an agreement or contract with an Indian tribe or a 

4 tribal organization to carry out a demonstration 

5 project to promote biomass energy production (in6 cluding biofuel, heat, and electricity generation) by 

7 providing reliable supplies of woody biomass from 

8 Federal land. 

9 (3) DEMONSTRATION PROJECTS.—In each fiscal 

10 year for which projects are authorized, at least 1 

11 new demonstration project that meets the eligibility 

12 criteria described in paragraph (4) shall be carried 

13 out under contracts or agreements described in 

14 paragraph (2). 

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

16 enter into a contract or agreement under this sub17 section, an Indian tribe or tribal organization shall 

18 submit to the Secretary an application— 

19 (A) containing such information as the 

20 Secretary may require; and 

21 (B) that includes a description of the dem22 onstration project proposed to be carried out by 

23 the Indian tribe or tribal organization. 


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1 (5) SELECTION.—In evaluating the applications 

2 submitted under paragraph (4), the Secretary 

3 shall— 

4 (A) take into consideration whether a pro5 posed project would— 

6 (i) increase the availability or reli7 ability of local or regional energy; 

8 (ii) enhance the economic development 

9 of the Indian tribe; 

10 (iii) result in or improve the connec11 tion of electric power transmission facilities 

12 serving the Indian tribe with other electric 

13 transmission facilities; 

14 (iv) improve the forest health or wa15 tersheds of Federal land or non-Federal 

16 land; 

17 (v) demonstrate new investments in 

18 infrastructure; or 

19 (vi) otherwise promote the use of 

20 woody biomass; and 

21 (B) exclude from consideration any mer22 chantable logs that have been identified by the 

23 Secretary for commercial sale. 

24 (6) IMPLEMENTATION.—The Secretary shall— 


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1 (A) ensure that the criteria described in 

2 paragraph (4) are publicly available by not later 

3 than 120 days after the date of enactment of 

4 this subsection; and 

5 (B) to the maximum extent practicable, 

6 consult with Indian tribes and appropriate trib7 al organizations likely to be affected in devel8 oping the application and otherwise carrying 

9 out this subsection. 

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

11 2019, the Secretary shall submit to Congress a re12 port that describes, with respect to the reporting pe13 riod— 

14 (A) each individual application received 

15 under this subsection; and 

16 (B) each contract and agreement entered 

17 into pursuant to this subsection. 

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

19 into under this subsection— 

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

21 20 years; and 

22 (B) may be renewed in accordance with 

23 this subsection for not more than an additional 

24 10 years. 


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1 SEC. 203. WEATHERIZATION PROGRAM. 

2 Section 413(d) of the Energy Conservation and Pro3 duction Act (42 U.S.C. 6863(d)) is amended— 

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

5 following: 

6 ‘‘(1) RESERVATION OF AMOUNTS.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B) and notwithstanding any other provi9 sion of this part, the Secretary shall reserve 

10 from amounts that would otherwise be allocated 

11 to a State under this part not less than 100 

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

13 amount which bears the same proportion to the 

14 allocation of that State for the applicable fiscal 

15 year as the population of all low-income mem16 bers of an Indian tribe in that State bears to 

17 the population of all low-income individuals in 

18 that State. 

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

20 shall apply only if— 

21 ‘‘(i) the tribal organization serving the 

22 low-income members of the applicable In23 dian tribe requests that the Secretary 

24 make a grant directly; and 

25 ‘‘(ii) the Secretary determines that 

26 the low-income members of the applicable 


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1 Indian tribe would be equally or better 

2 served by making a grant directly than a 

3 grant made to the State in which the low4 income members reside. 

5 ‘‘(C) PRESUMPTION.—If the tribal organi6 zation requesting the grant is a tribally des7 ignated housing entity (as defined in section 4 

8 of the Native American Housing Assistance and 

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

10 4103)) that has operated without material audit 

11 exceptions (or without any material audit excep12 tions that were not corrected within a 3-year 

13 period), the Secretary shall presume that the 

14 low-income members of the applicable Indian 

15 tribe would be equally or better served by mak16 ing a grant directly to the tribal organization 

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

18 low-income members reside.’’; 

19 (2) in paragraph (2)— 

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

21 ‘‘ADMINISTRATION.—The amounts’’; 

22 (B) by striking ‘‘on the basis of his deter23 mination’’; 


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

2 a determination has been made’’ and inserting 

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

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

5 Secretary’’; and 

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

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

8 SEC. 204. APPRAISALS. 

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

10 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add11 ing at the end the following: 

12 ‘‘SEC. 2607. APPRAISALS. 

13 ‘‘(a) IN GENERAL.—For any transaction that re14 quires approval of the Secretary and involves mineral or 

15 energy resources held in trust by the United States for 

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

17 to Federal restrictions against alienation, any appraisal 

18 relating to fair market value of those resources required 

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

20 ‘‘(1) the Secretary; 

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

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

23 to a contract with the Indian tribe. 

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

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


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1 receives an appraisal prepared by or for an Indian tribe 

2 under paragraph (2) or (3) of subsection (a), the Sec3 retary shall— 

4 ‘‘(1) review the appraisal; and 

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

6 determines that the appraisal fails to meet the 

7 standards set forth in regulations promulgated 

8 under subsection (d). 

9 ‘‘(c) NOTICE OF DISAPPROVAL.—If the Secretary de10 termines that an appraisal submitted for approval under 

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

12 give written notice of the disapproval to the Indian tribe 

13 and a description of— 

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

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

16 otherwise cured to meet the applicable standards set 

17 forth in the regulations promulgated under sub18 section (d). 

19 ‘‘(d) REGULATIONS.—The Secretary shall promul20 gate regulations to carry out this section, including stand21 ards the Secretary shall use for approving or disapproving 

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


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1 SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NA2 TION. 

3 (a) IN GENERAL.—Subsection (e)(1) of the first sec4 tion of the Act of August 9, 1955 (commonly known as 

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

6 amended— 

7 (1) by striking ‘‘, except a lease for’’ and insert8 ing ‘‘, including a lease for’’; 

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

10 the following: 

11 ‘‘(A) in the case of a business or agricul12 tural lease, 99 years;’’; 

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

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

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

16 ‘‘(C) in the case of a lease for the explo17 ration, development, or extraction of any min18 eral resource (including geothermal resources), 

19 25 years, except that— 

20 ‘‘(i) any such lease may include an op21 tion to renew for 1 additional term of not 

22 to exceed 25 years; and 

23 ‘‘(ii) any such lease for the explo24 ration, development, or extraction of an oil 

25 or gas resource shall be for a term of not 

26 to exceed 10 years, plus such additional 


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1 period as the Navajo Nation determines to 

2 be appropriate in any case in which an oil 

3 or gas resource is produced in a paying 

4 quantity.’’. 

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

6 date of enactment of this Act, the Comptroller General 

7 of the United States shall prepare and submit to Congress 

8 a report describing the progress made in carrying out the 

9 amendment made by subsection (a). 

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

11 CROW TRIBE OF MONTANA. 

12 Subsection (a) of the first section of the Act of Au13 gust 9, 1955 (25 U.S.C. 415(a)), is amended in the second 

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

15 Tribe of Montana’’ after ‘‘Devils Lake Sioux Reserva16 tion’’. 

17 SEC. 207. TRUST STATUS OF LEASE PAYMENTS. 

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

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

20 (b) TREATMENT OF LEASE PAYMENTS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2) and at the request of the Indian tribe or 

23 individual Indian, any advance payments, bid depos24 its, or other earnest money received by the Secretary 

25 in connection with the review and Secretarial apVerDate Sep 11 2014 20:48 Nov 30, 2018 Jkt 089200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S245.RH S245

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1 proval under any other Federal law (including regu2 lations) of a sale, lease, permit, or any other convey3 ance of any interest in any trust or restricted land 

4 of any Indian tribe or individual Indian shall, upon 

5 receipt and prior to Secretarial approval of the con6 tract or conveyance instrument, be held in the trust 

7 fund system for the benefit of the Indian tribe and 

8 individual Indian from whose land the funds were 

9 generated. 

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

11 bid deposit, or other earnest money received by the 

12 Secretary results from competitive bidding, upon se13 lection of the successful bidder, only the funds paid 

14 by the successful bidder shall be held in the trust 

15 fund system. 

16 (c) USE OF FUNDS.— 

17 (1) IN GENERAL.—On the approval of the Sec18 retary of a contract or other instrument for a sale, 

19 lease, permit, or any other conveyance described in 

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

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

22 all income generated from the investment of those 

23 funds, shall be disbursed to the Indian tribe or indi24 vidual Indian landowners. 


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

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

3 conveyance described in subsection (b)(1) is not ap4 proved by the Secretary, the funds held in the trust 

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

6 with all income generated from the investment of 

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

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

9 in, the applicable regulations, advertisement, or 

10 other notice governing the proposed conveyance of 

11 the interest in the land at issue. 

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

13 advance payment, bid deposit, or other earnest money re14 ceived by the Secretary in connection with the review and 

15 Secretarial approval under any other Federal law (includ16 ing regulations) of a sale, lease, permit, or any other con17 veyance of any interest in any trust or restricted land of 

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

19 of enactment of this Act. 


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Union Calendar No. 823 

115TH CONGRESS 

2D SESSION S. 245 

[Report No. 115–1057, Part I] 

AN ACT 

To amend the Indian Tribal Energy Development 

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

NOVEMBER 30, 2018 

Reported from the Committee on Natural Resources 

NOVEMBER 30, 2018 

Committee on Energy and Commerce discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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