115TH CONGRESS 

1ST SESSION S. 245 

AN ACT 

To amend the Indian Tribal Energy Development and Self 

Determination Act of 2005, and for other purposes. 

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

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

3 Development and Self-Determination Act Amendments of 

4 2017’’. 

5 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—INDIAN TRIBAL ENERGY DEVELOPMENT AND SELFDETERMINATION ACT AMENDMENTS 

Sec. 101. Indian tribal energy resource development. 

Sec. 102. Indian tribal energy resource regulation. 

Sec. 103. Tribal energy resource agreements. 

Sec. 104. 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. 

7 TITLE I—INDIAN TRIBAL EN8 ERGY DEVELOPMENT AND 

9 SELF-DETERMINATION ACT 

10 AMENDMENTS 

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

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

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

15 (1) in paragraph (2)— 
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1 (A) in subparagraph (C), by striking 

2 ‘‘and’’ after the semicolon; 

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

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

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

6 ‘‘(E) consult with each applicable Indian 

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

10 that Indian tribe.’’; and 

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

12 ‘‘(4) PLANNING.— 

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

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

17 including— 

18 ‘‘(i) plans for electrification; 

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

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

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

24 ‘‘(iii) plans for the development of en25 ergy resources and to ensure the protection 
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1 of natural, historic, and cultural resources; 

2 and 

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

5 use of energy resources. 

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

7 program under paragraph (1), the Secretary 

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

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

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

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

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

18 (2) by redesignating subparagraphs (C) and 

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

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

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

23 Indian tribes to manage energy development 

24 and energy efficiency programs;’’. 
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1 (c) DEPARTMENT OF ENERGY LOAN GUARANTEE

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

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

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

5 energy development organization’’ after ‘‘Indian 

6 tribe’’; 

7 (2) in paragraph (3)— 

8 (A) in the matter preceding subparagraph 

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

10 ‘‘guaranteed’’; 

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

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

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

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

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

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

20 than 1 year after the date of enactment of the In21 dian Tribal Energy Development and Self-Deter22 mination Act Amendments of 2017, the Secretary of 

23 Energy shall’’. 
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1 SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULA2 TION. 

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

4 U.S.C. 3503(c)) is amended— 

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

8 energy development organization, the Indian tribe or 

9 tribal energy development organization’’; and 

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

11 energy development organization’’ after ‘‘Indian 

12 tribe’’. 

13 SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS. 

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

16 (1) in subsection (a)— 

17 (A) in paragraph (1)— 

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

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

20 (ii) in subparagraph (B)— 

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

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

24 transmission, or distribution facility (in25 cluding a facility that produces electricity 
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1 from renewable energy resources) located 

2 on tribal land; or’’; and 

3 (II) in clause (ii)— 

4 (aa) by inserting ‘‘, at least 

5 a portion of which have been’’ 

6 after ‘‘energy resources’’; 

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

9 on’’; and 

10 (cc) by striking ‘‘and’’ after 

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

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

15 ‘‘(C) pooling, unitization, or communitiza16 tion of the energy mineral resources of the In17 dian tribe located on tribal land with any other 

18 energy mineral resource (including energy min19 eral resources owned by the Indian tribe or an 

20 individual Indian in fee, trust, or restricted sta21 tus or by any other persons or entities) if the 

22 owner, or, if appropriate, lessee, of the re23 sources has consented or consents to the pool24 ing, unitization, or communitization of the 
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1 other resources under any lease or agreement; 

2 and’’; and 

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

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

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

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

10 business agreement— 

11 ‘‘(A) was executed— 

12 ‘‘(i) in accordance with the require13 ments of a tribal energy resource agree14 ment in effect under subsection (e) (includ15 ing the periodic review and evaluation of 

16 the activities of the Indian tribe under the 

17 agreement, to be conducted pursuant to 

18 subparagraphs (D) and (E) of subsection 

19 (e)(2)); or 

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

21 energy development organization for which 

22 the Indian tribe has obtained a certifi23 cation pursuant to subsection (h); and 

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

25 ‘‘(i) 30 years; or 
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1 ‘‘(ii) in the case of a lease for the pro2 duction of oil resources, gas resources, or 

3 both, 10 years and as long thereafter as oil 

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

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

6 following: 

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

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

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

10 ‘‘(1) serves— 

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

12 transmission, or distribution facility (including 

13 a facility that produces electricity from renew14 able energy resources) located on tribal land; 

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

16 extracts, produces, processes, or refines energy 

17 resources; or 

18 ‘‘(C) the purposes, or facilitates in car19 rying out the purposes, of any lease or agree20 ment entered into for energy resource develop21 ment on tribal land; 

22 ‘‘(2) was executed— 

23 ‘‘(A) in accordance with the requirements 

24 of a tribal energy resource agreement in effect 

25 under subsection (e) (including the periodic re-
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1 view and evaluation of the activities of the In2 dian tribe under the agreement, to be conducted 

3 pursuant to subparagraphs (D) and (E) of sub4 section (e)(2)); or 

5 ‘‘(B) by the Indian tribe and a tribal en6 ergy development organization for which the In7 dian tribe has obtained a certification pursuant 

8 to subsection (h); and 

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

10 years.’’; 

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

12 following: 

13 ‘‘(d) VALIDITY.—No lease or business agreement en14 tered into, or right-of-way granted, pursuant to this sec15 tion shall be valid unless the lease, business agreement, 

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

17 (4) in subsection (e)— 

18 (A) by striking paragraph (1) and insert19 ing the following: 

20 ‘‘(1) IN GENERAL.— 

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

22 date of enactment of the Indian Tribal Energy 

23 Development and Self-Determination Act 

24 Amendments of 2017, a qualified Indian tribe 

25 may submit to the Secretary a tribal energy re-
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1 source agreement governing leases, business 

2 agreements, and rights-of-way under this sec3 tion. 

4 ‘‘(B) NOTICE OF COMPLETE PROPOSED

5 AGREEMENT.—Not later than 60 days after the 

6 date on which the tribal energy resource agree7 ment is submitted under subparagraph (A), the 

8 Secretary shall— 

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

10 whether the agreement is complete or in11 complete; 

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

13 notify the Indian tribe of what information 

14 or documentation is needed to complete the 

15 submission; and 

16 ‘‘(iii) identify and notify the Indian 

17 tribe of the financial assistance, if any, to 

18 be provided by the Secretary to the Indian 

19 tribe to assist in the implementation of the 

20 tribal energy resource agreement, including 

21 the environmental review of individual 

22 projects. 

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

24 precludes the Secretary from providing any fi25 nancial assistance at any time to the Indian 
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1 tribe to assist in the implementation of the trib2 al energy resource agreement.’’; 

3 (B) in paragraph (2)— 

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

5 follows through the end of subparagraph 

6 (A) and inserting the following: 

7 ‘‘(2) PROCEDURE.— 

8 ‘‘(A) EFFECTIVE DATE.— 

9 ‘‘(i) IN GENERAL.—On the date that 

10 is 271 days after the date on which the 

11 Secretary receives a tribal energy resource 

12 agreement from a qualified Indian tribe 

13 under paragraph (1), the tribal energy re14 source agreement shall take effect, unless 

15 the Secretary disapproves the tribal energy 

16 resource agreement under subparagraph 

17 (B). 

18 ‘‘(ii) REVISED TRIBAL ENERGY RE19 SOURCE AGREEMENT.—On the date that is 

20 91 days after the date on which the Sec21 retary receives a revised tribal energy re22 source agreement from a qualified Indian 

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

24 tribal energy resource agreement shall take 

25 effect, unless the Secretary disapproves the 
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1 revised tribal energy resource agreement 

2 under subparagraph (B).’’; 

3 (ii) in subparagraph (B)— 

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

5 follows through clause (ii) and insert6 ing the following: 

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

8 disapprove a tribal energy resource agreement 

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

10 only if— 

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

12 resource agreement violates applicable 

13 Federal law (including regulations) or a 

14 treaty applicable to the Indian tribe; 

15 ‘‘(ii) the tribal energy resource agree16 ment does not include one or more provi17 sions required under subparagraph (D); 

18 or’’; and 

19 (II) in clause (iii)— 

20 (aa) in the matter preceding 

21 subclause (I), by striking ‘‘in22 cludes’’ and all that follows 

23 through ‘‘section—’’ and insert24 ing ‘‘does not include provisions 

25 that, with respect to any lease, 
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1 business agreement, or right-of2 way to which the tribal energy 

3 resource agreement applies—’’; 

4 (bb) by striking subclauses 

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

6 (cc) by redesignating clauses 

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

8 through (XIV), and (XVI) as 

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

10 through (X), and (XI), respec11 tively; 

12 (dd) in item (bb) of sub13 clause (XI) (as redesignated by 

14 item (cc))— 

15 (AA) by striking ‘‘or 

16 tribal’’; and 

17 (BB) by striking the 

18 period at the end and insert19 ing a semicolon; and 

20 (ee) by adding at the end 

21 the following: 

22 ‘‘(XII) include a certification by 

23 the Indian tribe that the Indian tribe 

24 has— 
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1 ‘‘(aa) carried out a contract 

2 or compact under title I or IV of 

3 the Indian Self-Determination 

4 and Education Assistance Act 

5 (25 U.S.C. 5301 et seq.) for a 

6 period of not less than 3 consecu7 tive years ending on the date on 

8 which the Indian tribe submits 

9 the application without material 

10 audit exception (or without any 

11 material audit exceptions that 

12 were not corrected within the 3- 

13 year period) relating to the man14 agement of tribal land or natural 

15 resources; or 

16 ‘‘(bb) substantial experience 

17 in the administration, review, or 

18 evaluation of energy resource 

19 leases or agreements or has oth20 erwise substantially participated 

21 in the administration, manage22 ment, or development of energy 

23 resources located on the tribal 

24 land of the Indian tribe; and 
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1 ‘‘(XIII) at the option of the In2 dian tribe, identify which functions, if 

3 any, authorizing any operational or 

4 development activities pursuant to a 

5 lease, right-of-way, or business agree6 ment approved by the Indian tribe, 

7 that the Indian tribe intends to con8 duct.’’; 

9 (iii) in subparagraph (C)— 

10 (I) by striking clauses (i) and 

11 (ii); 

12 (II) by redesignating clauses (iii) 

13 through (v) as clauses (ii) through 

14 (iv), respectively; and 

15 (III) by inserting before clause 

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

17 the following: 

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

19 ‘‘(I) the public is informed of, 

20 and has reasonable opportunity to 

21 comment on, any significant environ22 mental impacts of the proposed ac23 tion; and 

24 ‘‘(II) the Indian tribe provides 

25 responses to relevant and substantive 
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1 public comments on any impacts de2 scribed in subclause (I) before the In3 dian tribe approves the lease, business 

4 agreement, or right-of-way;’’; 

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

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

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

10 resource agreement that takes effect pursuant 

11 to this subsection shall remain in effect to the 

12 extent any provision of the tribal energy re13 source agreement is consistent with applicable 

14 Federal law (including regulations), unless the 

15 tribal energy resource agreement is— 

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

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

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

23 disapproval’’ and all that follows through the 

24 end of subparagraph (C) and inserting the fol-
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1 lowing: ‘‘date of disapproval, provide the Indian 

2 tribe with— 

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

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

5 and 

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

7 tribal energy resource agreement necessary 

8 to address each reason; and 

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

10 the tribal energy resource agreement.’’; 

11 (D) in paragraph (6)— 

12 (i) in subparagraph (B)— 

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

14 and inserting the following: 

15 ‘‘(B) Subject only to’’; and 

16 (II) by striking ‘‘subparagraph 

17 (D)’’ and inserting ‘‘subparagraphs 

18 (C) and (D)’’; 

19 (ii) in subparagraph (C), in the mat20 ter preceding clause (i), by inserting ‘‘to 

21 perform the obligations of the Secretary 

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

23 and 

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

25 at the end the following: 
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1 ‘‘(iii) Nothing in this section absolves, 

2 limits, or otherwise affects the liability, if 

3 any, of the United States for any— 

4 ‘‘(I) term of any lease, business 

5 agreement, or right-of-way under this 

6 section that is not a negotiated term; 

7 or 

8 ‘‘(II) losses that are not the re9 sult of a negotiated term, including 

10 losses resulting from the failure of the 

11 Secretary to perform an obligation of 

12 the Secretary under this section.’’; 

13 (E) in paragraph (7)— 

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

15 ‘‘has demonstrated’’ and inserting ‘‘the 

16 Secretary determines has demonstrated 

17 with substantial evidence’’; 

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

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

20 remedies (if any) provided under the laws 

21 of the Indian tribe’’; 

22 (iii) in subparagraph (D)— 

23 (I) in clause (i), by striking ‘‘de24 termine’’ and all that follows through 
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1 the end of the clause and inserting the 

2 following: ‘‘determine— 

3 ‘‘(I) whether the petitioner 

4 is an interested party; and 

5 ‘‘(II) if the petitioner is an 

6 interested party, whether the In7 dian tribe is not in compliance 

8 with the tribal energy resource 

9 agreement as alleged in the peti10 tion.’’; 

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

12 ‘‘determination’’ and inserting ‘‘deter13 minations’’; and 

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

15 preceding subclause (I) by striking 

16 ‘‘agreement’’ the first place it appears 

17 and all that follows through ‘‘, includ18 ing’’ and inserting ‘‘agreement pursu19 ant to clause (i), the Secretary shall 

20 only take such action as the Secretary 

21 determines necessary to address the 

22 claims of noncompliance made in the 

23 petition, including’’; 

24 (iv) in subparagraph (E)(i), by strik25 ing ‘‘the manner in which’’ and inserting 
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1 ‘‘, with respect to each claim made in the 

2 petition, how’’; and 

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

4 ‘‘(G) Notwithstanding any other provision 

5 of this paragraph, the Secretary shall dismiss 

6 any petition from an interested party that has 

7 agreed with the Indian tribe to a resolution of 

8 the claims presented in the petition of that 

9 party.’’; 

10 (F) in paragraph (8)— 

11 (i) by striking subparagraph (A); 

12 (ii) by redesignating subparagraphs 

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

14 through (C), respectively; and 

15 (iii) in subparagraph (A) (as redesig16 nated by clause (ii))— 

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

18 ‘‘and’’ at the end; 

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

20 ‘‘and’’ after the semicolon; and 

21 (III) by adding at the end the 

22 following: 

23 ‘‘(iii) amend an approved tribal energy 

24 resource agreement to assume authority 

25 for approving leases, business agreements, 
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1 or rights-of-way for development of an2 other energy resource that is not included 

3 in an approved tribal energy resource 

4 agreement without being required to apply 

5 for a new tribal energy resource agree6 ment;’’ and 

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

8 ‘‘(9) EFFECT.—Nothing in this section author9 izes the Secretary to deny a tribal energy resource 

10 agreement or any amendment to a tribal energy re11 source agreement, or to limit the effect or implemen12 tation of this section, due to lack of promulgated 

13 regulations.’’; 

14 (5) by redesignating subsection (g) as sub15 section (j); and 

16 (6) by inserting after subsection (f) the fol17 lowing: 

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

19 BY THE SECRETARY.— 

20 ‘‘(1) IN GENERAL.—Any amounts that the Sec21 retary would otherwise expend to operate or carry 

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

23 any portion of a program, function, service, or activ24 ity) of the Department that, as a result of an Indian 

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

2 the Secretary shall, at the request of the Indian 

3 tribe, make available to the Indian tribe in accord4 ance with this subsection. 

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

6 Secretary shall make the amounts described in para7 graph (1) available to an Indian tribe through an 

8 annual written funding agreement that is negotiated 

9 and entered into with the Indian tribe that is sepa10 rate from the tribal energy resource agreement. 

11 ‘‘(3) EFFECT OF APPROPRIATIONS.—Notwith12 standing paragraph (1)— 

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

14 tribe under this subsection is subject to the 

15 availability of appropriations; and 

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

17 reduce amounts for programs, functions, serv18 ices, or activities that serve any other Indian 

19 tribe to make amounts available to an Indian 

20 tribe under this subsection. 

21 ‘‘(4) DETERMINATION.— 

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

23 calculate the amounts under paragraph (1) in 

24 accordance with the regulations adopted under 

25 section 103(b) of the Indian Tribal Energy De-
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1 velopment and Self-Determination Act Amend2 ments of 2017. 

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

4 or implementation of a tribal energy resource 

5 agreement under this section shall not be de6 layed or otherwise affected by— 

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

8 regulations under section 103(b) of the In9 dian Tribal Energy Development and Self10 Determination Act Amendments of 2017; 

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

12 Secretary to make the calculation required 

13 under paragraph (1); or 

14 ‘‘(iii) the adoption of a funding agree15 ment under paragraph (2). 

16 ‘‘(h) CERTIFICATION OF TRIBAL ENERGY DEVELOP17 MENT ORGANIZATION.— 

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

19 after the date on which an Indian tribe submits an 

20 application for certification of a tribal energy devel21 opment organization in accordance with regulations 

22 promulgated under section 103(b) of the Indian 

23 Tribal Energy Development and Self-Determination 

24 Act Amendments of 2017, the Secretary shall ap25 prove or disapprove the application. 
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1 ‘‘(2) REQUIREMENTS.—The Secretary shall ap2 prove an application for certification if— 

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

4 contract or compact under title I or IV of the 

5 Indian Self-Determination and Education As6 sistance Act (25 U.S.C. 5301 et seq.); and 

7 ‘‘(ii) for a period of not less than 3 con8 secutive years ending on the date on which the 

9 Indian tribe submits the application, the con10 tract or compact— 

11 ‘‘(I) has been carried out by the In12 dian tribe without material audit excep13 tions (or without any material audit excep14 tions that were not corrected within the 3- 

15 year period); and 

16 ‘‘(II) has included programs or activi17 ties relating to the management of tribal 

18 land; and 

19 ‘‘(B)(i) the tribal energy development orga20 nization is organized under the laws of the In21 dian tribe; 

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

23 tribal energy development organization is owned 

24 and controlled by the Indian tribe (or the In-
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1 dian tribe and one or more other Indian tribes) 

2 the tribal land of which is being developed; and 

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

4 energy development organization requires that 

5 the Indian tribe with jurisdiction over the land 

6 maintain at all times the controlling interest in 

7 the tribal energy development organization; 

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

9 energy development organization requires that 

10 the Indian tribe (or the Indian tribe and one or 

11 more other Indian tribes) the tribal land of 

12 which is being developed own and control at all 

13 times a majority of the interest in the tribal en14 ergy development organization; and 

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

16 energy development organization includes a 

17 statement that the organization shall be subject 

18 to the jurisdiction, laws, and authority of the 

19 Indian tribe. 

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

21 approves an application for certification pursuant to 

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

23 days after making the determination— 

24 ‘‘(A) issue a certification stating that— 
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1 ‘‘(i) the tribal energy development or2 ganization is organized under the laws of 

3 the Indian tribe and subject to the juris4 diction, laws, and authority of the Indian 

5 tribe; 

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

7 the tribal energy development organization 

8 is owned and controlled by the Indian tribe 

9 (or the Indian tribe and one or more other 

10 Indian tribes) the tribal land of which is 

11 being developed; 

12 ‘‘(iii) the organizing document of the 

13 tribal energy development organization re14 quires that the Indian tribe with jurisdic15 tion over the land maintain at all times the 

16 controlling interest in the tribal energy de17 velopment organization; 

18 ‘‘(iv) the organizing document of the 

19 tribal energy development organization re20 quires that the Indian tribe (or the Indian 

21 tribe and one or more other Indian tribes 

22 the tribal land of which is being developed) 

23 own and control at all times a majority of 

24 the interest in the tribal energy develop25 ment organization; and 
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1 ‘‘(v) the certification is issued pursu2 ant this subsection; 

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

4 the Indian tribe; and 

5 ‘‘(C) publish the certification in the Fed6 eral Register. 

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

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

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

10 date of enactment of the Indian Tribal Energy Develop11 ment and Self-Determination Act Amendments of 2017, 

12 the Secretary shall promulgate or update any regulations 

13 that are necessary to implement this section, including 

14 provisions to implement— 

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

16 of 1992 (25 U.S.C. 3504(e)(8)), including the proc17 ess to be followed by an Indian tribe amending an 

18 existing tribal energy resource agreement to assume 

19 authority for approving leases, business agreements, 

20 or rights-of-way for development of an energy re21 source that is not included in the tribal energy re22 source agreement; 

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

24 1992 (25 U.S.C. 3504(g)) including the manner in 
29 

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1 which the Secretary, at the request of an Indian 

2 tribe, shall— 

3 (A) identify the programs, functions, serv4 ices, and activities (or any portions of pro5 grams, functions, services, or activities) that the 

6 Secretary will not have to operate or carry out 

7 as a result of the Indian tribe carrying out ac8 tivities under a tribal energy resource agree9 ment; 

10 (B) identify the amounts that the Sec11 retary would have otherwise expended to oper12 ate or carry out each program, function, serv13 ice, and activity (or any portion of a program, 

14 function, service, or activity) identified pursu15 ant to subparagraph (A); and 

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

17 programs, functions, services, and activities (or 

18 any portions of programs, functions, services, or 

19 activities) identified pursuant subparagraph (A) 

20 and the amounts associated with each program, 

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

22 a program, function, service, or activity) identi23 fied pursuant to subparagraph (B); and 

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

25 1992 (25 U.S.C. 3504(h)), including the process to 
30 

†S 245 ES

1 be followed by, and any applicable criteria and docu2 mentation required for, an Indian tribe to request 

3 and obtain the certification described in that section. 

4 SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 

5 GOVERNMENTS. 

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

7 (25 U.S.C. 3502(b)) is amended— 

8 (1) by redesignating paragraphs (3) through 

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

10 (2) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) TECHNICAL AND SCIENTIFIC RE13 SOURCES.—In addition to providing grants to Indian 

14 tribes under this subsection, the Secretary shall col15 laborate with the Directors of the National Labora16 tories in making the full array of technical and sci17 entific resources of the Department of Energy avail18 able for tribal energy activities and projects.’’. 

19 SEC. 105. CONFORMING AMENDMENTS. 

20 (a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT

21 ORGANIZATION.—Section 2601 of the Energy Policy Act 

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

23 (1) by redesignating paragraphs (9) through 

24 (12) as paragraphs (10) through (13), respectively; 
31 

†S 245 ES

1 (2) by inserting after paragraph (8) the fol2 lowing: 

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

4 Indian tribe that has— 

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

6 under title I or IV of the Indian Self-Deter7 mination and Education Assistance Act (25 

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

9 than 3 consecutive years ending on the date on 

10 which the Indian tribe submits the application 

11 without material audit exception (or without 

12 any material audit exceptions that were not cor13 rected within the 3-year period) relating to the 

14 management of tribal land or natural resources; 

15 or 

16 ‘‘(B) substantial experience in the adminis17 tration, review, or evaluation of energy resource 

18 leases or agreements or has otherwise substan19 tially participated in the administration, man20 agement, or development of energy resources lo21 cated on the tribal land of the Indian tribe.’’; 

22 and 

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

24 by paragraph (1)) and inserting the following: 
32 

†S 245 ES

1 ‘‘(12) The term ‘tribal energy development or2 ganization’ means— 

3 ‘‘(A) any enterprise, partnership, consor4 tium, corporation, or other type of business or5 ganization that is engaged in the development 

6 of energy resources and is wholly owned by an 

7 Indian tribe (including an organization incor8 porated pursuant to section 17 of the Act of 

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

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

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

12 1967, chapter 831) (commonly known as the 

13 ‘Oklahoma Indian Welfare Act’)); and 

14 ‘‘(B) any organization of two or more enti15 ties, at least one of which is an Indian tribe, 

16 that has the written consent of the governing 

17 bodies of all Indian tribes participating in the 

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

19 assistance under section 2602 or to enter into 

20 a lease or business agreement with, or acquire 

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

22 to subsection (a)(2)(A)(ii) or (b)(2)(B) of sec23 tion 2604.’’. 
33 

†S 245 ES

1 (b) INDIAN TRIBAL ENERGY RESOURCE DEVELOP2 MENT.—Section 2602 of the Energy Policy Act of 1992 

3 (25 U.S.C. 3502) is amended— 

4 (1) in subsection (a)— 

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

6 energy resource development organizations’’ 

7 and inserting ‘‘tribal energy development orga8 nizations’’; and 

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

10 energy resource development organizations’’ 

11 each place the term appears and inserting 

12 ‘‘tribal energy development organizations’’; and 

13 (2) in subsection (b)(2), by striking ‘‘tribal en14 ergy resource development organization’’ and insert15 ing ‘‘tribal energy development organization’’. 

16 (c) WIND AND HYDROPOWER FEASIBILITY STUDY.— 

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

18 U.S.C. 3506(c)(3)) is amended by striking ‘‘energy re19 source development’’ and inserting ‘‘energy development’’. 

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

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

22 amended— 

23 (1) in paragraph (3)— 

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

25 inserting the following: 
34 

†S 245 ES

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

3 (B) by striking ‘‘for approval’’; 

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

5 Secretary’’ and inserting the following: 

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

7 Secretary’’; 

8 (3) in paragraph (5)— 

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

10 and inserting the following: 

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

13 (B) in the matter preceding subparagraph 

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

15 effect’’; 

16 (4) in paragraph (6)— 

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

18 and inserting the following: 

19 ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT

20 OF SECTION.— 

21 ‘‘(A) In carrying out’’; 

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

23 clauses (i) and (ii) appropriately; 

24 (C) in subparagraph (B), by striking ‘‘ap25 proved’’ and inserting ‘‘in effect’’; and 
35 

†S 245 ES

1 (D) in subparagraph (D)— 

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

4 and inserting ‘‘a tribal energy resource 

5 agreement in effect under this section’’; 

6 and 

7 (ii) in clause (ii), by striking ‘‘ap8 proved by the Secretary’’ and inserting ‘‘in 

9 effect’’; and 

10 (5) in paragraph (7)— 

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

12 and inserting the following: 

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

14 ‘‘(A) In this paragraph’’; 

15 (B) in subparagraph (A), by striking ‘‘ap16 proved by the Secretary’’ and inserting ‘‘in ef17 fect’’; 

18 (C) in subparagraph (B), by striking ‘‘ap19 proved by the Secretary’’ and inserting ‘‘in ef20 fect’’; and 

21 (D) in subparagraph (D)(iii)— 

22 (i) in subclause (I), by striking ‘‘ap23 proved’’; and 

24 (ii) in subclause (II)— 
36 

†S 245 ES

1 (I) by striking ‘‘approval of’’ in 

2 the first place it appears; and 

3 (II) by striking ‘‘subsection (a) 

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

5 (a)(2)(A)(i) or (b)(2)(A)’’. 

6 SEC. 106. REPORT. 

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

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

9 Interior shall submit to the Committee on Indian Affairs 

10 of the Senate and the Committee on Natural Resources 

11 of the House of Representatives a report that details with 

12 respect to activities for energy development on Indian 

13 land, how the Department of the Interior— 

14 (1) processes and completes the reviews of en15 ergy-related documents in a timely and transparent 

16 manner; 

17 (2) monitors the timeliness of agency review for 

18 all energy-related documents; 

19 (3) maintains databases to track and monitor 

20 the review and approval process for energy-related 

21 documents associated with conventional and renew22 able Indian energy resources that require Secretarial 

23 approval prior to development, including— 

24 (A) any seismic exploration permits; 

25 (B) permission to survey; 
37 

†S 245 ES

1 (C) archeological and cultural surveys; 

2 (D) access permits; 

3 (E) environmental assessments; 

4 (F) oil and gas leases; 

5 (G) surface leases; 

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

7 (I) communitization agreements; 

8 (4) identifies in the databases— 

9 (A) the date lease applications and permits 

10 are received by the agency; 

11 (B) the status of the review; 

12 (C) the date the application or permit is 

13 considered complete and ready for review; 

14 (D) the date of approval; and 

15 (E) the start and end dates for any signifi16 cant delays in the review process; 

17 (5) tracks in the databases, for all energy-re18 lated leases, agreements, applications, and permits 

19 that involve multiple agency review— 

20 (A) the dates documents are transferred 

21 between agencies; 

22 (B) the status of the review; 

23 (C) the date the required reviews are com24 pleted; and 
38 

†S 245 ES

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— 
39 

†S 245 ES

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’’. 
40 

†S 245 ES

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. 
41 

†S 245 ES

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— 
42 

†S 245 ES

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; 
43 

†S 245 ES

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, 
44 

†S 245 ES

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 
45 

†S 245 ES

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). 
46 

†S 245 ES

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. 
47 

†S 245 ES

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— 
48 

†S 245 ES

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. 
49 

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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 
50 

†S 245 ES

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’’; 
51 

†S 245 ES

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 
52 

†S 245 ES

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).’’. 
53 

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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 
54 

†S 245 ES

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 ap-
55 

†S 245 ES

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. 
56 

†S 245 ES

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. 

Passed the Senate November 29, 2017. 

Attest: 

Secretary. 

115TH CONGRESS 

1ST SESSION S. 245 

AN ACT 

To amend the Indian Tribal Energy Development 

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