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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 210 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 775
115th CONGRESS
  2d Session
                                H. R. 210

                          [Report No. 115-993]

  To facilitate the development of energy on Indian lands by reducing 
Federal regulations that impede tribal development of Indian lands, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2017

 Mr. Young of Alaska introduced the following bill; which was referred 
                 to the Committee on Natural Resources

                            October 23, 2018

            Additional sponsors: Mr. Sessions and Mr. Cramer

                            October 23, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                                3, 2017]

_______________________________________________________________________

                                 A BILL

 
  To facilitate the development of energy on Indian lands by reducing 
Federal regulations that impede tribal development of Indian lands, and 
                          for other purposes.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Energy Act''.

SEC. 2. APPRAISALS.

    (a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended by adding at the end the following:

``SEC. 2607. APPRAISAL REFORMS.

    ``(a) Options to Indian Tribes.--With respect to a transaction 
involving Indian land or the trust assets of an Indian tribe that 
requires the approval of the Secretary, any appraisal relating to fair 
market value required to be conducted under applicable law, regulation, 
or policy may be completed by--
            ``(1) the Secretary;
            ``(2) the affected Indian tribe; or
            ``(3) a certified, third-party appraiser pursuant to a 
        contract with the Indian tribe.
    ``(b) Time Limit on Secretarial Review and Action.--Not later than 
30 days after the date on which the Secretary receives an appraisal 
conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) 
of subsection (a), the Secretary shall--
            ``(1) review the appraisal; and
            ``(2) provide to the Indian tribe a written notice of 
        approval or disapproval of the appraisal.
    ``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 
days, the Secretary has failed to approve or disapprove any appraisal 
received, the appraisal shall be deemed approved.
    ``(d) Option to Indian Tribes To Waive Appraisal.--
            ``(1) An Indian tribe wishing to waive the requirements of 
        subsection (a), may do so after it has satisfied the 
        requirements of paragraphs (2) and (3).
            ``(2) An Indian tribe wishing to forego the necessity of a 
        waiver pursuant to this section must provide to the Secretary a 
        written resolution, statement, or other unambiguous indication 
        of tribal intent, duly approved by the governing body of the 
        Indian tribe.
            ``(3) The unambiguous indication of intent provided by the 
        Indian tribe to the Secretary under paragraph (2) must include 
        an express waiver by the Indian tribe of any claims for damages 
        it might have against the United States as a result of the lack 
        of an appraisal undertaken.
    ``(e) Definition.--For purposes of this subsection, the term 
`appraisal' includes appraisals and other estimates of value.
    ``(f) Regulations.--The Secretary shall develop regulations for 
implementing this section, including standards the Secretary shall use 
for approving or disapproving an appraisal.''.
    (b) Conforming Amendment.--The table of contents of the Energy 
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the 
end of the items relating to title XXVI the following:

``Sec. 2607. Appraisal reforms.''.

SEC. 3. STANDARDIZATION.

    As soon as practicable after the date of the enactment of this Act, 
the Secretary of the Interior shall implement procedures to ensure that 
each agency within the Department of the Interior that is involved in 
the review, approval, and oversight of oil and gas activities on Indian 
lands shall use a uniform system of reference numbers and tracking 
systems for oil and gas wells.

SEC. 4. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS.

    Section 102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the 
first sentence, and by adding at the end the following:
    ``(b) Review of Major Federal Actions on Indian Lands.--
            ``(1) Review and comment.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the statement required under 
                subsection (a)(2)(C) for a major Federal action 
                regarding an activity on Indian lands of an Indian 
                tribe shall only be available for review and comment 
                by--
                            ``(i) Indian tribes in the affected area 
                        and individual members of those tribes wherever 
                        they reside;
                            ``(ii) Other individuals who reside in the 
                        affected area; and
                            ``(iii) State and local governments within 
                        the affected area.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to a statement for a major Federal action regarding an 
                activity on Indian lands of an Indian tribe related to 
                gaming under the Indian Gaming Regulatory Act.
            ``(2) Regulations.--The Chairman of the Council on 
        Environmental Quality shall develop regulations to implement 
        this section, including descriptions of affected areas for 
        specific major Federal actions, in consultation with Indian 
        tribes.
            ``(3) Definitions.--In this subsection, each of the terms 
        `Indian land' and `Indian tribe' has the meaning given that 
        term in section 2601 of the Energy Policy Act of 1992 (25 
        U.S.C. 3501).
            ``(4) Clarification of authority.--Nothing in the Native 
        American Energy Act, except section 6 of that Act, shall give 
        the Secretary any additional authority over energy projects on 
        Alaska Native Claims Settlement Act lands.''.

SEC. 5. JUDICIAL REVIEW.

    (a) Time for Filing Complaint.--Any energy related action must be 
filed not later than the end of the 60-day period beginning on the date 
of the final agency action. Any energy related action not filed within 
this time period shall be barred.
    (b) District Court Venue and Deadline.--All energy related 
actions--
            (1) shall be brought in the United States District Court 
        for the District of Columbia; and
            (2) shall be resolved as expeditiously as possible, and in 
        any event not more than 180 days after such cause of action is 
        filed.
    (c) Appellate Review.--An interlocutory order or final judgment, 
decree or order of the district court in an energy related action may 
be reviewed by the United States Court of Appeals for the District of 
Columbia Circuit. The District of Columbia Circuit Court of Appeals 
shall resolve such appeal as expeditiously as possible, and in any 
event not more than 180 days after such interlocutory order or final 
judgment, decree or order of the district court was issued.
    (d) Limitation on Certain Payments.--Notwithstanding section 1304 
of title 31, United States Code, no award may be made under section 504 
of title 5, United States Code, or under section 2412 of title 28, 
United States Code, and no amounts may be obligated or expended from 
the Claims and Judgment Fund of the United States Treasury to pay any 
fees or other expenses under such sections, to any person or party in 
an energy related action.
    (e) Legal Fees.--In any energy related action in which the 
plaintiff does not ultimately prevail, the court shall award to the 
defendant (including any intervenor-defendants), other than the United 
States, fees and other expenses incurred by that party in connection 
with the energy related action, unless the court finds that the 
position of the plaintiff was substantially justified or that special 
circumstances make an award unjust. Whether or not the position of the 
plaintiff was substantially justified shall be determined on the basis 
of the administrative record, as a whole, which is made in the energy 
related action for which fees and other expenses are sought.
    (f) Definitions.--For the purposes of this section, the following 
definitions apply:
            (1) Agency action.--The term ``agency action'' has the same 
        meaning given such term in section 551 of title 5, United 
        States Code.
            (2) Indian land.--The term ``Indian Land'' has the same 
        meaning given such term in section 203(c)(3) of the Energy 
        Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), 
        including lands owned by Native Corporations under the Alaska 
        Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 
        1601).
            (3) Energy related action.--The term ``energy related 
        action'' means a cause of action that--
                    (A) is filed on or after the effective date of this 
                Act; and
                    (B) seeks judicial review of a final agency action 
                to issue a permit, license, or other form of agency 
                permission allowing:
                            (i) any person or entity to conduct 
                        activities on Indian Land, which activities 
                        involve the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity; or
                            (ii) any Indian Tribe, or any organization 
                        of two or more entities, at least one of which 
                        is an Indian tribe, to conduct activities 
                        involving the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity, regardless of where such 
                        activities are undertaken.
            (4) Ultimately prevail.--The phrase ``ultimately prevail'' 
        means, in a final enforceable judgment, the court rules in the 
        party's favor on at least one cause of action which is an 
        underlying rationale for the preliminary injunction, 
        administrative stay, or other relief requested by the party, 
        and does not include circumstances where the final agency 
        action is modified or amended by the issuing agency unless such 
        modification or amendment is required pursuant to a final 
        enforceable judgment of the court or a court-ordered consent 
        decree.

SEC. 6. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    The Tribal Forest Protection Act of 2004 is amended by inserting 
after section 2 (25 U.S.C. 3115a) the following:

``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    ``(a) In General.--For each of fiscal years 2016 through 2020, the 
Secretary shall enter into stewardship contracts or other agreements, 
other than agreements that are exclusively direct service contracts, 
with Indian tribes to carry out demonstration projects to promote 
biomass energy production (including biofuel, heat, and electricity 
generation) on Indian forest land and in nearby communities by 
providing reliable supplies of woody biomass from Federal land.
    ``(b) Definitions.--The definitions in section 2 shall apply to 
this section.
    ``(c) Demonstration Projects.--In each fiscal year for which 
projects are authorized, the Secretary shall enter into contracts or 
other agreements described in subsection (a) to carry out at least 4 
new demonstration projects that meet the eligibility criteria described 
in subsection (d).
    ``(d) Eligibility Criteria.--To be eligible to enter into a 
contract or other agreement under this subsection, an Indian tribe 
shall submit to the Secretary an application--
            ``(1) containing such information as the Secretary may 
        require; and
            ``(2) that includes a description of--
                    ``(A) the Indian forest land or rangeland under the 
                jurisdiction of the Indian tribe; and
                    ``(B) the demonstration project proposed to be 
                carried out by the Indian tribe.
    ``(e) Selection.--In evaluating the applications submitted under 
subsection (c), the Secretary--
            ``(1) shall take into consideration the factors set forth 
        in paragraphs (1) and (2) of section 2(e) of Public Law 108-
        278; and whether a proposed demonstration project would--
                    ``(A) increase the availability or reliability of 
                local or regional energy;
                    ``(B) enhance the economic development of the 
                Indian tribe;
                    ``(C) improve the connection of electric power 
                transmission facilities serving the Indian tribe with 
                other electric transmission facilities;
                    ``(D) improve the forest health or watersheds of 
                Federal land or Indian forest land or rangeland; or
                    ``(E) otherwise promote the use of woody biomass; 
                and
            ``(2) shall exclude from consideration any merchantable 
        logs that have been identified by the Secretary for commercial 
        sale.
    ``(f) Implementation.--The Secretary shall--
            ``(1) ensure that the criteria described in subsection (c) 
        are publicly available by not later than 120 days after the 
        date of enactment of this section; and
            ``(2) to the maximum extent practicable, consult with 
        Indian tribes and appropriate intertribal organizations likely 
        to be affected in developing the application and otherwise 
        carrying out this section.
    ``(g) Report.--Not later than one year subsequent to the date of 
enactment of this section, the Secretary shall submit to Congress a 
report that describes, with respect to the reporting period--
            ``(1) each individual tribal application received under 
        this section; and
            ``(2) each contract and agreement entered into pursuant to 
        this section.
    ``(h) Incorporation of Management Plans.--In carrying out a 
contract or agreement under this section, on receipt of a request from 
an Indian tribe, the Secretary shall incorporate into the contract or 
agreement, to the extent practicable, management plans (including 
forest management and integrated resource management plans) in effect 
on the Indian forest land or rangeland of the respective Indian tribe.
    ``(i) Term.--A stewardship contract or other agreement entered into 
under this section--
            ``(1) shall be for a term of not more than 20 years; and
            ``(2) may be renewed in accordance with this section for 
        not more than an additional 10 years.

``SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.

    ``The Secretary of the Interior and the Secretary of Agriculture 
may carry out demonstration projects by which federally recognized 
Indian tribes or tribal organizations may contract to perform 
administrative, management, and other functions of programs of the 
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) through 
contracts entered into under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.).''.

SEC. 7. TRIBAL RESOURCE MANAGEMENT PLANS.

    Unless otherwise explicitly exempted by Federal law enacted after 
the date of the enactment of this Act, any activity conducted or 
resources harvested or produced pursuant to a tribal resource 
management plan or an integrated resource management plan approved by 
the Secretary of the Interior under the National Indian Forest 
Resources Management Act (25 U.S.C. 3101 et seq.) or the American 
Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.) 
shall be considered a sustainable management practice for purposes of 
any Federal standard, benefit, or requirement that requires a 
demonstration of such sustainability.

SEC. 8. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.

    Subsection (e)(1) of the first section of the Act of August 9, 1955 
(25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing 
Act''), is amended--
            (1) by striking ``, except a lease for'' and inserting ``, 
        including leases for'';
            (2) in subparagraph (A), by striking ``25'' the first place 
        it appears and all that follows and inserting ``99 years;'';
            (3) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(C) in the case of a lease for the exploration, 
        development, or extraction of mineral resources, including 
        geothermal resources, 25 years, except that any such lease may 
        include an option to renew for one additional term not to 
        exceed 25 years.''.

SEC. 9. NONAPPLICABILITY OF CERTAIN RULES.

    No rule promulgated by the Department of the Interior regarding 
hydraulic fracturing used in the development or production of oil or 
gas resources shall have any effect on any land held in trust or 
restricted status for the benefit of Indians except with the express 
consent of the beneficiary on whose behalf such land is held in trust 
or restricted status.
                                                 Union Calendar No. 775

115th CONGRESS

  2d Session

                               H. R. 210

                          [Report No. 115-993]

_______________________________________________________________________

                                 A BILL

  To facilitate the development of energy on Indian lands by reducing 
Federal regulations that impede tribal development of Indian lands, and 
                          for other purposes.

_______________________________________________________________________

                            October 23, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```