II 

114TH CONGRESS 

1ST SESSION S. 209 

To amend the Indian Tribal Energy Development and Self-Determination 

Act of 2005, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 21, 2015 

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

ENZI, Mr. MORAN, and Mrs. FISCHER) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To amend the Indian Tribal Energy Development and SelfDetermination Act of 2005, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Development and Self-Determination Act Amendments of 

6 2015’’. 

7 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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TITLE I—INDIAN TRIBAL ENERGY DEVELOPMENT AND SELFDETERMINATION ACT AMENDMENTS 

Sec. 101. Indian tribal energy resource development. 

Sec. 102. Indian tribal energy resource regulation. 

Sec. 103. Tribal energy resource agreements. 

Sec. 104. Technical assistance for Indian tribal governments. 

Sec. 105. Conforming amendments. 

TITLE II—MISCELLANEOUS AMENDMENTS 

Sec. 201. Issuance of preliminary permits or licenses. 

Sec. 202. Tribal biomass demonstration project. 

Sec. 203. Weatherization program. 

Sec. 204. Appraisals. 

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

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

Sec. 207. Trust status of lease payments. 

1 TITLE I—INDIAN TRIBAL EN2 ERGY DEVELOPMENT AND 

3 SELF-DETERMINATION ACT 

4 AMENDMENTS 

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

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

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

9 (1) in paragraph (2)— 

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

11 ‘‘and’’ after the semicolon; 

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

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

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

15 ‘‘(E) consult with each applicable Indian 

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1 sources of that Indian tribe or the members of 

2 that Indian tribe.’’; and 

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

4 ‘‘(4) PLANNING.— 

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

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

9 including— 

10 ‘‘(i) plans for electrification; 

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

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

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

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

18 of natural, historic, and cultural resources; 

19 and 

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

22 use of energy resources. 

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

24 program under paragraph (1), the Secretary 

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

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

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

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

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

10 (2) by redesignating subparagraphs (C) and 

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

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

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

15 Indian tribes to manage energy development 

16 and energy efficiency programs;’’. 

17 (c) DEPARTMENT OF ENERGY LOAN GUARANTEE

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

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

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

21 energy development organization’’ after ‘‘Indian 

22 tribe’’; 

23 (2) in paragraph (3)— 


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1 (A) in the matter preceding subparagraph 

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

3 ‘‘guaranteed’’; 

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

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

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

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

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

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

13 than 1 year after the date of enactment of the In14 dian Tribal Energy Development and Self-Deter15 mination Act Amendments of 2015, the Secretary of 

16 Energy shall’’. 

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

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

20 U.S.C. 3503(c)) is amended— 

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

24 energy development organization, the Indian tribe or 

25 tribal energy development organization’’; and 


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

2 energy development organization’’ after ‘‘Indian 

3 tribe’’. 

4 SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS. 

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

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

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

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

11 (ii) in subparagraph (B)— 

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

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

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

17 from renewable energy resources) located 

18 on tribal land; or’’; and 

19 (II) in clause (ii)— 

20 (aa) by inserting ‘‘, at least 

21 a portion of which have been’’ 

22 after ‘‘energy resources’’; 

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

25 on’’; and 


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1 (cc) by striking ‘‘and’’ after 

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

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

6 ‘‘(C) pooling, unitization, or 

7 communitization of the energy mineral re8 sources of the Indian tribe located on tribal 

9 land with any other energy mineral resource 

10 (including energy mineral resources owned by 

11 the Indian tribe or an individual Indian in fee, 

12 trust, or restricted status or by any other per13 sons or entities) if the owner of the resources 

14 has consented or consents to the pooling, unit15 ization, or communitization of the other re16 sources under any lease or agreement; and’’; 

17 and 

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

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

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

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

25 ‘‘(A) was executed— 


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1 ‘‘(i) in accordance with the require2 ments of a tribal energy resource agree3 ment in effect under subsection (e) (includ4 ing the periodic review and evaluation of 

5 the activities of the Indian tribe under the 

6 agreement, to be conducted pursuant to 

7 subparagraphs (D) and (E) of subsection 

8 (e)(2)); or 

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

10 energy development organization— 

11 ‘‘(I) for which the Indian tribe 

12 has obtained certification pursuant to 

13 subsection (h); and 

14 ‘‘(II) the majority of the interest 

15 in which is, and continues to be 

16 throughout the full term or renewal 

17 term (if any) of the lease or business 

18 agreement, owned and controlled by 

19 the Indian tribe (or the Indian tribe 

20 and 1 or more other Indian tribes the 

21 tribal land of which is being devel22 oped); and 

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

24 ‘‘(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; and 

22 ‘‘(2) was executed— 

23 ‘‘(A) in accordance with the requirements 

24 of a tribal energy resource agreement in effect 

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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— 

7 ‘‘(i) for which the Indian tribe has ob8 tained certification pursuant to subsection 

9 (h); and 

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

11 which is, and continues to be throughout 

12 the full term or renewal term (if any) of 

13 the right-of-way, owned and controlled by 

14 the Indian tribe (or the Indian tribe and 1 

15 or more other Indian tribes the tribal land 

16 of which is being developed); 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.—On or after the date of en4 actment of the Indian Tribal Energy Development 

5 and Self-Determination Act Amendments of 2015, 

6 an Indian tribe may submit to the Secretary a tribal 

7 energy resource agreement governing leases, busi8 ness agreements, and rights-of-way under this sec9 tion.’’; 

10 (B) in paragraph (2)— 

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

12 follows through the end of subparagraph 

13 (A) and inserting the following: 

14 ‘‘(2) PROCEDURE.— 

15 ‘‘(A) EFFECTIVE DATE.— 

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

17 is 271 days after the date on which the 

18 Secretary receives a tribal energy resource 

19 agreement from an Indian tribe under 

20 paragraph (1), the tribal energy resource 

21 agreement shall take effect, unless the Sec22 retary disapproves the tribal energy re23 source agreement under subparagraph (B). 

24 ‘‘(ii) REVISED TRIBAL ENERGY RE25 SOURCE AGREEMENT.—On the date that is 


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1 91 days after the date on which the Sec2 retary receives a revised tribal energy re3 source agreement from an Indian tribe 

4 under paragraph (4)(B), the revised tribal 

5 energy resource agreement shall take ef6 fect, unless the Secretary disapproves the 

7 revised tribal energy resource agreement 

8 under subparagraph (B).’’; 

9 (ii) in subparagraph (B)— 

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

11 follows through ‘‘if—’’ and inserting 

12 the following: 

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

14 disapprove a tribal energy resource agreement 

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

16 only if—’’; 

17 (II) by striking clause (i) and in18 serting the following: 

19 ‘‘(i) the Secretary determines that the 

20 Indian tribe has not demonstrated that the 

21 Indian tribe has sufficient capacity to reg22 ulate the development of the specific 1 or 

23 more energy resources identified for devel24 opment under the tribal energy resource 

25 agreement submitted by the Indian tribe;’’; 


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1 (III) by redesignating clause (iii) 

2 as clause (iv) and indenting appro3 priately; 

4 (IV) by striking clause (ii) and 

5 inserting the following: 

6 ‘‘(ii) a provision of the tribal energy 

7 resource agreement would violate applica8 ble Federal law (including regulations) or 

9 a treaty applicable to the Indian tribe; 

10 ‘‘(iii) the tribal energy resource agree11 ment does not include 1 or more provisions 

12 required under subparagraph (D); or’’; and 

13 (V) in clause (iv) (as redesig14 nated by subclause (III))— 

15 (aa) in the matter preceding 

16 subclause (I), by striking ‘‘in17 cludes’’ and all that follows 

18 through ‘‘section—’’ and insert19 ing ‘‘does not include provisions 

20 that, with respect to any lease, 

21 business agreement, or right-of22 way to which the tribal energy 

23 resource agreement applies—’’; 

24 and 


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1 (bb) in subclause (XVI)(bb), 

2 by striking ‘‘or tribal’’; 

3 (iii) in subparagraph (C)— 

4 (I) in the matter preceding clause 

5 (i), by inserting ‘‘the approval of’’ 

6 after ‘‘with respect to’’; 

7 (II) by striking clause (ii) and in8 serting the following: 

9 ‘‘(ii) the identification of mitigation 

10 measures, if any, that, in the discretion of 

11 the Indian tribe, the Indian tribe might 

12 propose for incorporation into the lease, 

13 business agreement, or right-of-way;’’; 

14 (III) in clause (iii)(I), by striking 

15 ‘‘proposed action’’ and inserting ‘‘ap16 proval of the lease, business agree17 ment, or right-of-way’’; 

18 (IV) in clause (iv), by striking 

19 ‘‘and’’ at the end; 

20 (V) in clause (v), by striking the 

21 period at the end and inserting ‘‘; 

22 and’’; and 

23 (VI) by adding at the end the fol24 lowing: 


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1 ‘‘(vi) the identification of specific 

2 classes or categories of actions, if any, de3 termined by the Indian tribe not to have 

4 significant environmental effects.’’; 

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

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

9 ‘‘(F) A tribal energy resource agreement 

10 that takes effect pursuant to this subsection 

11 shall remain in effect to the extent any provi12 sion of the tribal energy resource agreement is 

13 consistent with applicable Federal law (includ14 ing regulations), unless the tribal energy re15 source 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 ‘‘(G)(i) The Secretary shall make a pre23 liminary capacity determination under subpara24 graph (B)(i) not later than 120 days after the 

25 date on which the Indian tribe submits to the 


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1 Secretary the tribal energy resource agreement 

2 of the Indian tribe pursuant to paragraph (1), 

3 unless the Secretary and the Indian tribe mutu4 ally agree to an extension of the time period for 

5 making the determination. 

6 ‘‘(ii) Any determination (including any pre7 liminary determination) that the Indian tribe 

8 lacks the requisite capacity shall be treated as 

9 a disapproval under paragraph (4) and, not 

10 later than 10 days after the date of the deter11 mination, the Secretary shall provide to the In12 dian tribe— 

13 ‘‘(I) a detailed, written explanation of 

14 each reason for the determination; and 

15 ‘‘(II) a description of the steps that 

16 the Indian tribe should take to dem17 onstrate sufficient capacity. 

18 ‘‘(H) Notwithstanding any other provision 

19 of this section, an Indian tribe shall be consid20 ered to have demonstrated sufficient capacity 

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1 ment submitted by the Indian tribe pursuant to 

2 paragraph (1) if— 

3 ‘‘(i) the Secretary determines that— 

4 ‘‘(I)(aa) the Indian tribe has car5 ried out a contract or compact under 

6 title I or IV of the Indian Self-Deter7 mination and Education Assistance 

8 Act (25 U.S.C. 450 et seq.); and 

9 ‘‘(bb) for a period of not less 

10 than 3 consecutive years ending on 

11 the date on which the Indian tribe 

12 submits the tribal energy resource 

13 agreement of the Indian tribe pursu14 ant to paragraph (1) or (4)(B), the 

15 contract or compact— 

16 ‘‘(AA) has been carried out 

17 by the Indian tribe without mate18 rial audit exceptions (or without 

19 any material audit exceptions 

20 that were not corrected within 

21 the 3-year period); and 

22 ‘‘(BB) has included pro23 grams or activities relating to the 

24 management of the environment, 


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1 tribal land, realty, or natural re2 sources; or 

3 ‘‘(II) the Indian tribe has carried 

4 out approval of surface leases under 

5 subsection (h) of the first section of 

6 the Act of August 9, 1955 (commonly 

7 known as the ‘Long-Term Leasing 

8 Act’) (25 U.S.C. 415(h)) for the pre9 vious calendar year without a finding 

10 of a compliance violation under para11 graph (8)(B) of that subsection; or 

12 ‘‘(ii) the Secretary fails to make the 

13 preliminary determination within the time 

14 allowed under subparagraph (G)(i) (includ15 ing any extension of time agreed to under 

16 that subparagraph).’’; 

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

18 disapproval’’ and all that follows through the 

19 end of subparagraph (C) and inserting the fol20 lowing: ‘‘date of disapproval, provide the Indian 

21 tribe with— 

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

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

24 and 


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

2 tribal energy resource agreement necessary 

3 to address each reason; and 

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

5 the tribal energy resource agreement.’’; 

6 (D) in paragraph (6)— 

7 (i) in subparagraph (B)— 

8 (I) by striking ‘‘(B) Subject to’’ 

9 and inserting the following: 

10 ‘‘(B) Subject only to’’; and 

11 (II) by striking ‘‘subparagraph 

12 (D)’’ and inserting ‘‘subparagraphs 

13 (C) and (D)’’; 

14 (ii) in subparagraph (C), in the mat15 ter preceding clause (i), by inserting ‘‘to 

16 perform the obligations of the Secretary 

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

18 and 

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

20 at the end the following: 

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

22 limits, or otherwise affects the liability, if 

23 any, of the United States for any— 

24 ‘‘(I) term of any lease, business 

25 agreement, or right-of-way under this 


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1 section that is not a negotiated term; 

2 or 

3 ‘‘(II) losses that are not the re4 sult of a negotiated term, including 

5 losses resulting from the failure of the 

6 Secretary to perform an obligation of 

7 the Secretary under this section.’’; 

8 (E) in paragraph (7)— 

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

10 ‘‘has demonstrated’’ and inserting ‘‘the 

11 Secretary determines has demonstrated 

12 with substantial evidence’’; 

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

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

15 remedies (if any) provided under the laws 

16 of the Indian tribe’’; 

17 (iii) in subparagraph (D)— 

18 (I) in clause (i), by striking ‘‘de19 termine’’ and all that follows through 

20 the end of the clause and inserting the 

21 following: ‘‘determine— 

22 ‘‘(I) whether the petitioner 

23 is an interested party; and 

24 ‘‘(II) if the petitioner is an 

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1 dian tribe is not in compliance 

2 with the tribal energy resource 

3 agreement as alleged in the peti4 tion.’’; 

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

6 ‘‘determination’’ and inserting ‘‘deter7 minations’’; and 

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

9 preceding subclause (I) by striking 

10 ‘‘agreement’’ the first place it appears 

11 and all that follows through ‘‘, includ12 ing’’ and inserting ‘‘agreement pursu13 ant to clause (i), the Secretary shall 

14 only take such action as the Secretary 

15 determines necessary to address the 

16 claims of noncompliance made in the 

17 petition, including’’; 

18 (iv) in subparagraph (E)(i), by strik19 ing ‘‘the manner in which’’ and inserting 

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

21 petition, how’’; and 

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

23 ‘‘(G) Notwithstanding any other provision 

24 of this paragraph, the Secretary shall dismiss 

25 any petition from an interested party that has 


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1 agreed with the Indian tribe to a resolution of 

2 the claims presented in the petition of that 

3 party.’’; 

4 (F) in paragraph (8)(B)— 

5 (i) in clause (i), by striking ‘‘and’’ at 

6 the end; 

7 (ii) in clause (ii), by adding ‘‘and’’ 

8 after the semicolon; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(iii) amend an approved tribal energy 

12 resource agreement to assume authority 

13 for approving leases, business agreements, 

14 or rights-of-way for development of an15 other energy resource that is not included 

16 in an approved tribal energy resource 

17 agreement without being required to apply 

18 for a new tribal energy resource agree19 ment;’’ and 

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

21 ‘‘(9) EFFECT.—Nothing in this section author22 izes the Secretary to deny a tribal energy resource 

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1 tation of this section, due to lack of promulgated 

2 regulations.’’; 

3 (5) by redesignating subsection (g) as sub4 section (j); and 

5 (6) by inserting after subsection (f) the fol6 lowing: 

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

8 BY THE SECRETARY.— 

9 ‘‘(1) IN GENERAL.—Any amounts that the Sec10 retary would otherwise expend to operate or carry 

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

12 any portion of a program, function, service, or activ13 ity) of the Department that, as a result of an Indian 

14 tribe carrying out activities under a tribal energy re15 source agreement, the Secretary does not expend, 

16 the Secretary shall, at the request of the Indian 

17 tribe, make available to the Indian tribe in accord18 ance with this subsection. 

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

20 Secretary shall make the amounts described in para21 graph (1) available to an Indian tribe through an 

22 annual written funding agreement that is negotiated 

23 and entered into with the Indian tribe that is sepa24 rate from the tribal energy resource agreement. 


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1 ‘‘(3) EFFECT OF APPROPRIATIONS.—Notwith2 standing paragraph (1)— 

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

4 tribe under this subsection is subject to the 

5 availability of appropriations; and 

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

7 reduce amounts for programs, functions, serv8 ices, or activities that serve any other Indian 

9 tribe to make amounts available to an Indian 

10 tribe under this subsection. 

11 ‘‘(4) DETERMINATION.— 

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

13 calculate the amounts under paragraph (1) in 

14 accordance with the regulations adopted under 

15 section 103(b) of the Indian Tribal Energy De16 velopment and Self-Determination Act Amend17 ments of 2015. 

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

19 or implementation of a tribal energy resource 

20 agreement under this section shall not be de21 layed or otherwise affected by— 

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

23 regulations under section 103(b) of the In24 dian Tribal Energy Development and Self25 Determination Act Amendments of 2015; 


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

2 Secretary to make the calculation required 

3 under paragraph (1); or 

4 ‘‘(iii) the adoption of a funding agree5 ment under paragraph (2). 

6 ‘‘(h) CERTIFICATION OF TRIBAL ENERGY DEVELOP7 MENT ORGANIZATION.— 

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

9 after the date on which an Indian tribe submits an 

10 application for certification of a tribal energy devel11 opment organization in accordance with regulations 

12 promulgated under section 103(b) of the Indian 

13 Tribal Energy Development and Self-Determination 

14 Act Amendments of 2015, the Secretary shall ap15 prove or disapprove the application. 

16 ‘‘(2) REQUIREMENTS.—The Secretary shall ap17 prove an application for certification if— 

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

19 contract or compact under title I or IV of the 

20 Indian Self-Determination and Education As21 sistance Act (25 U.S.C. 450 et seq.); and 

22 ‘‘(ii) for a period of not less than 3 con23 secutive years ending on the date on which the 

24 Indian tribe submits the application, the con25 tract or compact— 


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1 ‘‘(I) has been carried out by the In2 dian tribe without material audit excep3 tions (or without any material audit excep4 tions that were not corrected within the 3- 

5 year period); and 

6 ‘‘(II) has included programs or activi7 ties relating to the management of tribal 

8 land; and 

9 ‘‘(B)(i) the tribal energy development orga10 nization is organized under the laws of the In11 dian tribe and subject to the jurisdiction and 

12 authority of the Indian tribe; 

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

14 tribal energy development organization is owned 

15 and controlled by the Indian tribe (or the In16 dian tribe and 1 or more other Indian tribes the 

17 tribal land of which is being developed); and 

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

19 energy development organization requires that 

20 the Indian tribe (or the Indian tribe and 1 or 

21 more other Indian tribes the tribal land of 

22 which is being developed) own and control at all 

23 times a majority of the interest in the tribal en24 ergy development organization. 


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

2 approves an application for certification pursuant to 

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

4 days after making the determination— 

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

6 ‘‘(i) the tribal energy development or7 ganization is organized under the laws of 

8 the Indian tribe and subject to the juris9 diction and authority of the Indian tribe; 

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

11 the tribal energy development organization 

12 is owned and controlled by the Indian tribe 

13 (or the Indian tribe and 1 or more other 

14 Indian tribes the tribal land of which is 

15 being developed); 

16 ‘‘(iii) the organizing document of the 

17 tribal energy development organization re18 quires that the Indian tribe (or the Indian 

19 tribe and 1 or more other Indian tribes the 

20 tribal land of which is being developed) 

21 own and control at all times a majority of 

22 the interest in the tribal energy develop23 ment organization; and 

24 ‘‘(iv) the certification is issued pursu25 ant this subsection; 


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

2 the Indian tribe; and 

3 ‘‘(C) publish the certification in the Fed4 eral Register. 

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

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

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

8 date of enactment of the Indian Tribal Energy Develop9 ment and Self-Determination Act Amendments of 2015, 

10 the Secretary shall promulgate or update any regulations 

11 that are necessary to implement this section, including 

12 provisions to implement— 

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

14 of 1992 (25 U.S.C. 3504(e)(8)), including the proc15 ess to be followed by an Indian tribe amending an 

16 existing tribal energy resource agreement to assume 

17 authority for approving leases, business agreements, 

18 or rights-of-way for development of an energy re19 source that is not included in the tribal energy re20 source agreement; 

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

22 1992 (25 U.S.C. 3504(g)) including the manner in 

23 which the Secretary, at the request of an Indian 

24 tribe, shall— 


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1 (A) identify the programs, functions, serv2 ices, and activities (or any portions of pro3 grams, functions, services, or activities) that the 

4 Secretary will not have to operate or carry out 

5 as a result of the Indian tribe carrying out ac6 tivities under a tribal energy resource agree7 ment; 

8 (B) identify the amounts that the Sec9 retary would have otherwise expended to oper10 ate or carry out each program, function, serv11 ice, and activity (or any portion of a program, 

12 function, service, or activity) identified pursu13 ant to subparagraph (A); and 

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

15 programs, functions, services, and activities (or 

16 any portions of programs, functions, services, or 

17 activities) identified pursuant subparagraph (A) 

18 and the amounts associated with each program, 

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

20 a program, function, service, or activity) identi21 fied pursuant to subparagraph (B); and 

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

23 1992 (25 U.S.C. 3504(h)), including the process to 

24 be followed by, and any applicable criteria and docuVerDate Sep 11 2014 02:21 Jan 25, 2015 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S209.IS S209

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1 mentation required for, an Indian tribe to request 

2 and obtain the certification described in that section. 

3 SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 

4 GOVERNMENTS. 

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

6 (25 U.S.C. 3502(b)) is amended— 

7 (1) by redesignating paragraphs (3) through 

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

9 (2) by inserting after paragraph (2) the fol10 lowing: 

11 ‘‘(3) TECHNICAL AND SCIENTIFIC RE12 SOURCES.—In addition to providing grants to Indian 

13 tribes under this subsection, the Secretary shall col14 laborate with the Directors of the National Labora15 tories in making the full array of technical and sci16 entific resources of the Department of Energy avail17 able for tribal energy activities and projects.’’. 

18 SEC. 105. CONFORMING AMENDMENTS. 

19 (a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT

20 ORGANIZATION.—Section 2601 of the Energy Policy Act 

21 of 1992 (25 U.S.C. 3501) is amended by striking para22 graph (11) and inserting the following: 

23 ‘‘(11) The term ‘tribal energy development or24 ganization’ means— 


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1 ‘‘(A) any enterprise, partnership, consor2 tium, corporation, or other type of business or3 ganization that is engaged in the development 

4 of energy resources and is wholly owned by an 

5 Indian tribe (including an organization incor6 porated pursuant to section 17 of the Indian 

7 Reorganization Act of 1934 (25 U.S.C. 477) or 

8 section 3 of the Act of June 26, 1936 (25 

9 U.S.C. 503) (commonly known as the ‘Okla10 homa Indian Welfare Act’)); or 

11 ‘‘(B) any organization of 2 or more enti12 ties, at least 1 of which is an Indian tribe, that 

13 has the written consent of the governing bodies 

14 of all Indian tribes participating in the organi15 zation to apply for a grant, loan, or other as16 sistance under section 2602 or to enter into a 

17 lease or business agreement with, or acquire a 

18 right-of-way from, an Indian tribe pursuant to 

19 subsection (a)(2)(A)(ii) or (b)(2)(B) of section 

20 2604.’’. 

21 (b) INDIAN TRIBAL ENERGY RESOURCE DEVELOP22 MENT.—Section 2602 of the Energy Policy Act of 1992 

23 (25 U.S.C. 3502) is amended— 

24 (1) in subsection (a)— 


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

2 energy resource development organizations’’ 

3 and inserting ‘‘tribal energy development orga4 nizations’’; and 

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

6 energy resource development organizations’’ 

7 each place it appears and inserting ‘‘tribal en8 ergy development organizations’’; and 

9 (2) in subsection (b)(2), by striking ‘‘tribal en10 ergy resource development organization’’ and insert11 ing ‘‘tribal energy development organization’’. 

12 (c) WIND AND HYDROPOWER FEASIBILITY STUDY.— 

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

14 U.S.C. 3506(c)(3)) is amended by striking ‘‘energy re15 source development’’ and inserting ‘‘energy development’’. 

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

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

18 amended— 

19 (1) in paragraph (2)(B)(iv) (as redesignated by 

20 section 103(a)(4)(A)(ii)(III))— 

21 (A) in subclause (XIV), by inserting ‘‘and’’ 

22 after the semicolon at the end; 

23 (B) by striking subclause (XV); and 

24 (C) by redesignating subclause (XVI) as 

25 subclause (XV); 


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1 (2) in paragraph (3)— 

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

3 inserting the following: 

4 ‘‘(3) NOTICE AND COMMENT; SECRETARIAL RE5 VIEW.—The Secretary’’; and 

6 (B) by striking ‘‘for approval’’; 

7 (3) in paragraph (4), by striking ‘‘(4) If the 

8 Secretary’’ and inserting the following: 

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

10 Secretary’’; 

11 (4) in paragraph (5)— 

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

13 and inserting the following: 

14 ‘‘(5) PROVISION OF DOCUMENTS TO SEC15 RETARY.—If an Indian tribe’’; and 

16 (B) in the matter preceding subparagraph 

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

18 effect’’; 

19 (5) in paragraph (6)— 

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

21 and inserting the following: 

22 ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT

23 OF SECTION.— 

24 ‘‘(A) In carrying out’’; 


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

2 clauses (i) and (ii) appropriately; 

3 (C) in subparagraph (B), by striking ‘‘ap4 proved’’ and inserting ‘‘in effect’’; and 

5 (D) in subparagraph (D)— 

6 (i) in clause (i), by striking ‘‘an ap7 proved tribal energy resource agreement’’ 

8 and inserting ‘‘a tribal energy resource 

9 agreement in effect under this section’’; 

10 and 

11 (ii) in clause (ii), by striking ‘‘ap12 proved by the Secretary’’ and inserting ‘‘in 

13 effect’’; and 

14 (6) in paragraph (7)— 

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

16 and inserting the following: 

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

18 ‘‘(A) In this paragraph’’; 

19 (B) in subparagraph (A), by striking ‘‘ap20 proved by the Secretary’’ and inserting ‘‘in ef21 fect’’; 

22 (C) in subparagraph (B), by striking ‘‘ap23 proved by the Secretary’’ and inserting ‘‘in ef24 fect’’; and 

25 (D) in subparagraph (D)(iii)— 


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1 (i) in subclause (I), by striking ‘‘ap2 proved’’; and 

3 (ii) in subclause (II)— 

4 (I) by striking ‘‘approval of’’ in 

5 the first place it appears; and 

6 (II) by striking ‘‘subsection (a) 

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

8 (a)(2)(A)(i) or (b)(2)(A)’’. 

9 TITLE II—MISCELLANEOUS 

10 AMENDMENTS 

11 SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LI12 CENSES. 

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

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

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

16 and municipalities’’. 

17 (b) APPLICABILITY.—The amendment made by sub18 section (a) shall not affect— 

19 (1) any preliminary permit or original license 

20 issued before the date of enactment of the Indian 

21 Tribal Energy Development and Self-Determination 

22 Act Amendments of 2015; or 

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

24 Commission has issued a notice accepting that appli25 cation for filing pursuant to section 4.32(d) of title 


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1 18, Code of Federal Regulations (or successor regu2 lations), before the date of enactment of the Indian 

3 Tribal Energy Development and Self-Determination 

4 Act Amendments of 2015. 

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

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

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

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

9 Self-Determination and Education Assistance Act (25 

10 U.S.C. 450b). 

11 SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

12 (a) PURPOSE.—The purpose of this section is to es13 tablish a biomass demonstration project for federally rec14 ognized Indian tribes and Alaska Native corporations to 

15 promote biomass energy production. 

16 (b) TRIBAL BIOMASS DEMONSTRATION PROJECT.— 

17 The Tribal Forest Protection Act of 2004 (Public Law 

18 108–278; 118 Stat. 868) is amended— 

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

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

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

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

23 ‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREE24 MENTS.—For each of fiscal years 2015 through 2019, the 

25 Secretary shall enter into stewardship contracts or similar 


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1 agreements (excluding direct service contracts) with In2 dian tribes to carry out demonstration projects to promote 

3 biomass energy production (including biofuel, heat, and 

4 electricity generation) on Indian forest land and in nearby 

5 communities by providing reliable supplies of woody bio6 mass from Federal land. 

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

8 year for which projects are authorized, at least 4 new dem9 onstration projects that meet the eligibility criteria de10 scribed in subsection (c) shall be carried out under con11 tracts or agreements described in subsection (a). 

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

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

14 tribe shall submit to the Secretary an application— 

15 ‘‘(1) containing such information as the Sec16 retary may require; and 

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

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

19 under the jurisdiction of the Indian tribe; and 

20 ‘‘(B) the demonstration project proposed 

21 to be carried out by the Indian tribe. 

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

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

24 ‘‘(1) take into consideration— 


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

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

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

4 ‘‘(i) increase the availability or reli5 ability of local or regional energy; 

6 ‘‘(ii) enhance the economic develop7 ment of the Indian tribe; 

8 ‘‘(iii) result in or improve the connec9 tion of electric power transmission facilities 

10 serving the Indian tribe with other electric 

11 transmission facilities; 

12 ‘‘(iv) improve the forest health or wa13 tersheds of Federal land or Indian forest 

14 land or rangeland; 

15 ‘‘(v) demonstrate new investments in 

16 infrastructure; or 

17 ‘‘(vi) otherwise promote the use of 

18 woody biomass; and 

19 ‘‘(2) exclude from consideration any merchant20 able logs that have been identified by the Secretary 

21 for commercial sale. 

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

23 ‘‘(1) ensure that the criteria described in sub24 section (c) are publicly available by not later than 


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1 120 days after the date of enactment of this section; 

2 and 

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

4 with Indian tribes and appropriate intertribal orga5 nizations likely to be affected in developing the ap6 plication and otherwise carrying out this section. 

7 ‘‘(f) REPORT.—Not later than September 20, 2017, 

8 the Secretary shall submit to Congress a report that de9 scribes, with respect to the reporting period— 

10 ‘‘(1) each individual tribal application received 

11 under this section; and 

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

13 pursuant to this section. 

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

15 carrying out a contract or agreement under this section, 

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

17 shall incorporate into the contract or agreement, to the 

18 maximum extent practicable, management plans (includ19 ing forest management and integrated resource manage20 ment plans) in effect on the Indian forest land or range21 land of the respective Indian tribe. 

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

23 under this section— 

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

25 years; and 


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

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

3 (c) ALASKA NATIVE BIOMASS DEMONSTRATION

4 PROJECT.— 

5 (1) DEFINITIONS.—In this subsection: 

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

7 land’’ means— 

8 (i) land of the National Forest System 

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

10 and Rangeland Renewable Resources Plan11 ning Act of 1974 (16 U.S.C. 1609(a)) ad12 ministered by the Secretary of Agriculture, 

13 acting through the Chief of the Forest 

14 Service; and 

15 (ii) public lands (as defined in section 

16 103 of the Federal Land Policy Manage17 ment Act of 1976 (43 U.S.C. 1702)), the 

18 surface of which is administered by the 

19 Secretary of the Interior, acting through 

20 the Director of the Bureau of Land Man21 agement. 

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

23 tribe’’ has the meaning given the term in sec24 tion 4 of the Indian Self-Determination and 

25 Education Assistance Act (25 U.S.C. 450b). 


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

2 means— 

3 (i) the Secretary of Agriculture, with 

4 respect to land under the jurisdiction of 

5 the Forest Service; and 

6 (ii) the Secretary of the Interior, with 

7 respect to land under the jurisdiction of 

8 the Bureau of Land Management. 

9 (D) TRIBAL ORGANIZATION.—The term 

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

11 term in section 4 of the Indian Self-Determina12 tion and Education Assistance Act (25 U.S.C. 

13 450b). 

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

15 2015 through 2019, the Secretary shall enter into 

16 an agreement or contract with an Indian tribe or a 

17 tribal organization to carry out a demonstration 

18 project to promote biomass energy production (in19 cluding biofuel, heat, and electricity generation) by 

20 providing reliable supplies of woody biomass from 

21 Federal land. 

22 (3) DEMONSTRATION PROJECTS.—In each fiscal 

23 year for which projects are authorized, at least 1 

24 new demonstration project that meets the eligibility 

25 criteria described in paragraph (4) shall be carried 


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1 out under contracts or agreements described in 

2 paragraph (2). 

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

4 enter into a contract or agreement under this sub5 section, an Indian tribe or tribal organization shall 

6 submit to the Secretary an application— 

7 (A) containing such information as the 

8 Secretary may require; and 

9 (B) that includes a description of the dem10 onstration project proposed to be carried out by 

11 the Indian tribe or tribal organization. 

12 (5) SELECTION.—In evaluating the applications 

13 submitted under paragraph (4), the Secretary 

14 shall— 

15 (A) take into consideration whether a pro16 posed project would— 

17 (i) increase the availability or reli18 ability of local or regional energy; 

19 (ii) enhance the economic development 

20 of the Indian tribe; 

21 (iii) result in or improve the connec22 tion of electric power transmission facilities 

23 serving the Indian tribe with other electric 

24 transmission facilities; 


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1 (iv) improve the forest health or wa2 tersheds of Federal land or non-Federal 

3 land; 

4 (v) demonstrate new investments in 

5 infrastructure; or 

6 (vi) otherwise promote the use of 

7 woody biomass; and 

8 (B) exclude from consideration any mer9 chantable logs that have been identified by the 

10 Secretary for commercial sale. 

11 (6) IMPLEMENTATION.—The Secretary shall— 

12 (A) ensure that the criteria described in 

13 paragraph (4) are publicly available by not later 

14 than 120 days after the date of enactment of 

15 this subsection; and 

16 (B) to the maximum extent practicable, 

17 consult with Indian tribes and appropriate trib18 al organizations likely to be affected in devel19 oping the application and otherwise carrying 

20 out this subsection. 

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

22 2017, the Secretary shall submit to Congress a re23 port that describes, with respect to the reporting pe24 riod— 


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1 (A) each individual application received 

2 under this subsection; and 

3 (B) each contract and agreement entered 

4 into pursuant to this subsection. 

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

6 into under this subsection— 

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

8 20 years; and 

9 (B) may be renewed in accordance with 

10 this subsection for not more than an additional 

11 10 years. 

12 SEC. 203. WEATHERIZATION PROGRAM. 

13 Section 413(d) of the Energy Conservation and Pro14 duction Act (42 U.S.C. 6863(d)) is amended— 

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

16 following: 

17 ‘‘(1) RESERVATION OF AMOUNTS.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B) and notwithstanding any other provi20 sion of this part, the Secretary shall reserve 

21 from amounts that would otherwise be allocated 

22 to a State under this part not less than 100 

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

24 amount which bears the same proportion to the 

25 allocation of that State for the applicable fiscal 


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1 year as the population of all low-income mem2 bers of an Indian tribe in that State bears to 

3 the population of all low-income individuals in 

4 that State. 

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

6 shall apply only if— 

7 ‘‘(i) the tribal organization serving the 

8 low-income members of the applicable In9 dian tribe requests that the Secretary 

10 make a grant directly; and 

11 ‘‘(ii) the Secretary determines that 

12 the low-income members of the applicable 

13 Indian tribe would be equally or better 

14 served by making a grant directly than a 

15 grant made to the State in which the low16 income members reside. 

17 ‘‘(C) PRESUMPTION.—If the tribal organi18 zation requesting the grant is a tribally des19 ignated housing entity (as defined in section 4 

20 of the Native American Housing Assistance and 

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

22 4103)) that has operated without material audit 

23 exceptions (or without any material audit excep24 tions that were not corrected within a 3-year 

25 period), the Secretary shall presume that the 


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1 low-income members of the applicable Indian 

2 tribe would be equally or better served by mak3 ing a grant directly to the tribal organization 

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

5 low-income members reside.’’; 

6 (2) in paragraph (2)— 

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

8 ‘‘ADMINISTRATION.—The amounts’’; 

9 (B) by striking ‘‘on the basis of his deter10 mination’’; 

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

12 a determination has been made’’ and inserting 

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

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

15 Secretary’’; and 

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

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

18 SEC. 204. APPRAISALS. 

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

20 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add21 ing at the end the following: 

22 ‘‘SEC. 2607. APPRAISALS. 

23 ‘‘(a) IN GENERAL.—For any transaction that re24 quires approval of the Secretary and involves mineral or 

25 energy resources held in trust by the United States for 


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

2 to Federal restrictions against alienation, any appraisal 

3 relating to fair market value of those resources required 

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

5 ‘‘(1) the Secretary; 

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

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

8 to a contract with the Indian tribe. 

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

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

11 receives an appraisal prepared by or for an Indian tribe 

12 under paragraph (2) or (3) of subsection (a), the Sec13 retary shall— 

14 ‘‘(1) review the appraisal; and 

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

16 determines that the appraisal fails to meet the 

17 standards set forth in regulations promulgated 

18 under subsection (d). 

19 ‘‘(c) NOTICE OF DISAPPROVAL.—If the Secretary de20 termines that an appraisal submitted for approval under 

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

22 give written notice of the disapproval to the Indian tribe 

23 and a description of— 

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


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

2 otherwise cured to meet the applicable standards set 

3 forth in the regulations promulgated under sub4 section (d). 

5 ‘‘(d) REGULATIONS.—The Secretary shall promul6 gate regulations to carry out this section, including stand7 ards the Secretary shall use for approving or disapproving 

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

9 SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NA10 TION. 

11 (a) IN GENERAL.—Subsection (e)(1) of the first sec12 tion of the Act of August 9, 1955 (commonly known as 

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

14 amended— 

15 (1) by striking ‘‘, except a lease for’’ and insert16 ing ‘‘, including a lease for’’; 

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

18 the following: 

19 ‘‘(A) in the case of a business or agricul20 tural lease, 99 years;’’; 

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

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

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

24 ‘‘(C) in the case of a lease for the explo25 ration, development, or extraction of any minVerDate Sep 11 2014 02:21 Jan 25, 2015 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S209.IS S209

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1 eral resource (including geothermal resources), 

2 25 years, except that— 

3 ‘‘(i) any such lease may include an op4 tion to renew for 1 additional term of not 

5 to exceed 25 years; and 

6 ‘‘(ii) any such lease for the explo7 ration, development, or extraction of an oil 

8 or gas resource shall be for a term of not 

9 to exceed 10 years, plus such additional 

10 period as the Navajo Nation determines to 

11 be appropriate in any case in which an oil 

12 or gas resource is produced in a paying 

13 quantity.’’. 

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

15 date of enactment of this Act, the Comptroller General 

16 of the United States shall prepare and submit to Congress 

17 a report describing the progress made in carrying out the 

18 amendment made by subsection (a). 

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

20 CROW TRIBE OF MONTANA. 

21 Subsection (a) of the first section of the Act of Au22 gust 9, 1955 (25 U.S.C. 415(a)), is amended in the second 

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

24 Tribe of Montana’’ after ‘‘Devils Lake Sioux Reserva25 tion’’. 


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1 SEC. 207. TRUST STATUS OF LEASE PAYMENTS. 

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

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

4 (b) TREATMENT OF LEASE PAYMENTS.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2) and at the request of the Indian tribe or 

7 individual Indian, any advance payments, bid depos8 its, or other earnest money received by the Secretary 

9 in connection with the review and Secretarial ap10 proval under any other Federal law (including regu11 lations) of a sale, lease, permit, or any other convey12 ance of any interest in any trust or restricted land 

13 of any Indian tribe or individual Indian shall, upon 

14 receipt and prior to Secretarial approval of the con15 tract or conveyance instrument, be held in the trust 

16 fund system for the benefit of the Indian tribe and 

17 individual Indian from whose land the funds were 

18 generated. 

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

20 bid deposit, or other earnest money received by the 

21 Secretary results from competitive bidding, upon se22 lection of the successful bidder, only the funds paid 

23 by the successful bidder shall be held in the trust 

24 fund system. 

25 (c) USE OF FUNDS.— 


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1 (1) IN GENERAL.—On the approval of the Sec2 retary of a contract or other instrument for a sale, 

3 lease, permit, or any other conveyance described in 

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

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

6 all income generated from the investment of those 

7 funds, shall be disbursed to the Indian tribe or indi8 vidual Indian landowners. 

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

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

11 conveyance described in subsection (b)(1) is not ap12 proved by the Secretary, the funds held in the trust 

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

14 with all income generated from the investment of 

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

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

17 in, the applicable regulations, advertisement, or 

18 other notice governing the proposed conveyance of 

19 the interest in the land at issue. 

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

21 advance payment, bid deposit, or other earnest money re22 ceived by the Secretary in connection with the review and 

23 Secretarial approval under any other Federal law (includ24 ing regulations) of a sale, lease, permit, or any other con25 veyance of any interest in any trust or restricted land of 


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

2 of enactment of this Act. 

Æ 


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