114TH CONGRESS 

1ST SESSION S. 209 

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 2015’’. 

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 2015, 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 

16 communitization of the energy mineral re17 sources of the Indian tribe located on tribal 

18 land with any other energy mineral resource 

19 (including energy mineral resources owned by 

20 the Indian tribe or an individual Indian in fee, 

21 trust, or restricted status or by any other per22 sons or entities) if the owner, or, if appropriate, 

23 lessee, of the resources has consented or con24 sents to the pooling, unitization, or 
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1 communitization of the other resources under 

2 any lease or agreement; 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 2015, 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 1 or more provisions 

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

18 (II) in clause (iii)— 

19 (aa) in the matter preceding 

20 subclause (I), by striking ‘‘in21 cludes’’ and all that follows 

22 through ‘‘section—’’ and insert23 ing ‘‘does not include provisions 

24 that, with respect to any lease, 

25 business agreement, or right-of- 
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1 way to which the tribal energy 

2 resource agreement applies—’’; 

3 (bb) by striking subclauses 

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

5 (cc) by redesignating clauses 

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

7 through (XIV), and (XVI) as 

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

9 through (X), and (XI), respec10 tively; 

11 (dd) in item (bb) of sub12 clause (XI) (as redesignated by 

13 item (cc))— 

14 (AA) by striking ‘‘or 

15 tribal’’; and 

16 (BB) by striking the 

17 period at the end and insert18 ing a semicolon; and 

19 (ee) by adding at the end 

20 the following: 

21 ‘‘(XII) include a certification by 

22 the Indian tribe that the Indian tribe 

23 has— 

24 ‘‘(aa) carried out a contract 

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

2 and Education Assistance Act 

3 (25 U.S.C. 450 et seq.) for a pe4 riod of not less than 3 consecu5 tive years ending on the date on 

6 which the Indian tribe submits 

7 the application without material 

8 audit exception (or without any 

9 material audit exceptions that 

10 were not corrected within the 3- 

11 year period) relating to the man12 agement of tribal land or natural 

13 resources; or 

14 ‘‘(bb) substantial experience 

15 in the administration, review, or 

16 evaluation of energy resource 

17 leases or agreements or has oth18 erwise substantially participated 

19 in the administration, manage20 ment, or development of energy 

21 resources located on the tribal 

22 land of the Indian tribe; and 

23 ‘‘(XIII) at the option of the In24 dian tribe, identify which functions, if 

25 any, authorizing any operational or 
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1 development activities pursuant to a 

2 lease, right-of-way, or business agree3 ment approved by the Indian tribe, 

4 that the Indian tribe intends to con5 duct.’’; 

6 (iii) in subparagraph (C)— 

7 (I) by striking clauses (i) and 

8 (ii); 

9 (II) by redesignating clauses (iii) 

10 through (v) as clauses (ii) through 

11 (iv), respectively; and 

12 (III) by inserting before clause 

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

14 the following: 

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

16 ‘‘(I) the public is informed of, 

17 and has reasonable opportunity to 

18 comment on, any significant environ19 mental impacts of the proposed ac20 tion; and 

21 ‘‘(II) the Indian tribe provides 

22 responses to relevant and substantive 

23 public comments on any impacts de24 scribed in subclause (I) before the In-
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1 dian tribe approves the lease, business 

2 agreement, or right-of-way.’’; 

3 (iv) in subparagraph (D)(ii), by strik4 ing ‘‘subparagraph (B)(iii)(XVI)’’ and in5 serting ‘‘subparagraph (B)(iv)(XI)’’; and 

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

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

8 resource agreement that takes effect pursuant 

9 to this subsection shall remain in effect to the 

10 extent any provision of the tribal energy re11 source agreement is consistent with applicable 

12 Federal law (including regulations), unless the 

13 tribal energy resource agreement is— 

14 ‘‘(i) rescinded by the Secretary pursu15 ant to paragraph (7)(D)(iii)(II); or 

16 ‘‘(ii) voluntarily rescinded by the In17 dian tribe pursuant to the regulations pro18 mulgated under paragraph (8)(B) (or suc19 cessor regulations).’’; 

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

21 disapproval’’ and all that follows through the 

22 end of subparagraph (C) and inserting the fol23 lowing: ‘‘date of disapproval, provide the Indian 

24 tribe with— 

25 ‘‘(A) a detailed, written explanation of— 
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1 ‘‘(i) each reason for the disapproval; 

2 and 

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

4 tribal energy resource agreement necessary 

5 to address each reason; and 

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

7 the tribal energy resource agreement.’’; 

8 (D) in paragraph (6)— 

9 (i) in subparagraph (B)— 

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

11 and inserting the following: 

12 ‘‘(B) Subject only to’’; and 

13 (II) by striking ‘‘subparagraph 

14 (D)’’ and inserting ‘‘subparagraphs 

15 (C) and (D)’’; 

16 (ii) in subparagraph (C), in the mat17 ter preceding clause (i), by inserting ‘‘to 

18 perform the obligations of the Secretary 

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

20 and 

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

22 at the end the following: 

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

24 limits, or otherwise affects the liability, if 

25 any, of the United States for any— 
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1 ‘‘(I) term of any lease, business 

2 agreement, or right-of-way under this 

3 section that is not a negotiated term; 

4 or 

5 ‘‘(II) losses that are not the re6 sult of a negotiated term, including 

7 losses resulting from the failure of the 

8 Secretary to perform an obligation of 

9 the Secretary under this section.’’; 

10 (E) in paragraph (7)— 

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

12 ‘‘has demonstrated’’ and inserting ‘‘the 

13 Secretary determines has demonstrated 

14 with substantial evidence’’; 

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

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

17 remedies (if any) provided under the laws 

18 of the Indian tribe’’; 

19 (iii) in subparagraph (D)— 

20 (I) in clause (i), by striking ‘‘de21 termine’’ and all that follows through 

22 the end of the clause and inserting the 

23 following: ‘‘determine— 

24 ‘‘(I) whether the petitioner 

25 is an interested party; and 
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1 ‘‘(II) if the petitioner is an 

2 interested party, whether the In3 dian tribe is not in compliance 

4 with the tribal energy resource 

5 agreement as alleged in the peti6 tion.’’; 

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

8 ‘‘determination’’ and inserting ‘‘deter9 minations’’; and 

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

11 preceding subclause (I) by striking 

12 ‘‘agreement’’ the first place it appears 

13 and all that follows through ‘‘, includ14 ing’’ and inserting ‘‘agreement pursu15 ant to clause (i), the Secretary shall 

16 only take such action as the Secretary 

17 determines necessary to address the 

18 claims of noncompliance made in the 

19 petition, including’’; 

20 (iv) in subparagraph (E)(i), by strik21 ing ‘‘the manner in which’’ and inserting 

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

23 petition, how’’; and 

24 (v) by adding at the end the following: 
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1 ‘‘(G) Notwithstanding any other provision 

2 of this paragraph, the Secretary shall dismiss 

3 any petition from an interested party that has 

4 agreed with the Indian tribe to a resolution of 

5 the claims presented in the petition of that 

6 party.’’; 

7 (F) in paragraph (8)— 

8 (i) by striking subparagraph (A); 

9 (ii) by redesignating subparagraphs 

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

11 through (C), respectively; and 

12 (iii) in subparagraph (A) (as redesig13 nated by clause (ii))— 

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

15 ‘‘and’’ at the end; 

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

17 ‘‘and’’ after the semicolon; and 

18 (III) by adding at the end the 

19 following: 

20 ‘‘(iii) amend an approved tribal energy 

21 resource agreement to assume authority 

22 for approving leases, business agreements, 

23 or rights-of-way for development of an24 other energy resource that is not included 

25 in an approved tribal energy resource 
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1 agreement without being required to apply 

2 for a new tribal energy resource agree3 ment;’’ and 

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

5 ‘‘(9) EFFECT.—Nothing in this section author6 izes the Secretary to deny a tribal energy resource 

7 agreement or any amendment to a tribal energy re8 source agreement, or to limit the effect or implemen9 tation of this section, due to lack of promulgated 

10 regulations.’’; 

11 (5) by redesignating subsection (g) as sub12 section (j); and 

13 (6) by inserting after subsection (f) the fol14 lowing: 

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

16 BY THE SECRETARY.— 

17 ‘‘(1) IN GENERAL.—Any amounts that the Sec18 retary would otherwise expend to operate or carry 

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

20 any portion of a program, function, service, or activ21 ity) of the Department that, as a result of an Indian 

22 tribe carrying out activities under a tribal energy re23 source agreement, the Secretary does not expend, 

24 the Secretary shall, at the request of the Indian 
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1 tribe, make available to the Indian tribe in accord2 ance with this subsection. 

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

4 Secretary shall make the amounts described in para5 graph (1) available to an Indian tribe through an 

6 annual written funding agreement that is negotiated 

7 and entered into with the Indian tribe that is sepa8 rate from the tribal energy resource agreement. 

9 ‘‘(3) EFFECT OF APPROPRIATIONS.—Notwith10 standing paragraph (1)— 

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

12 tribe under this subsection is subject to the 

13 availability of appropriations; and 

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

15 reduce amounts for programs, functions, serv16 ices, or activities that serve any other Indian 

17 tribe to make amounts available to an Indian 

18 tribe under this subsection. 

19 ‘‘(4) DETERMINATION.— 

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

21 calculate the amounts under paragraph (1) in 

22 accordance with the regulations adopted under 

23 section 103(b) of the Indian Tribal Energy De24 velopment and Self-Determination Act Amend25 ments of 2015. 
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1 ‘‘(B) APPLICABILITY.—The effective date 

2 or implementation of a tribal energy resource 

3 agreement under this section shall not be de4 layed or otherwise affected by— 

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

6 regulations under section 103(b) of the In7 dian Tribal Energy Development and Self8 Determination Act Amendments of 2015; 

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

10 Secretary to make the calculation required 

11 under paragraph (1); or 

12 ‘‘(iii) the adoption of a funding agree13 ment under paragraph (2). 

14 ‘‘(h) CERTIFICATION OF TRIBAL ENERGY DEVELOP15 MENT ORGANIZATION.— 

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

17 after the date on which an Indian tribe submits an 

18 application for certification of a tribal energy devel19 opment organization in accordance with regulations 

20 promulgated under section 103(b) of the Indian 

21 Tribal Energy Development and Self-Determination 

22 Act Amendments of 2015, the Secretary shall ap23 prove or disapprove the application. 

24 ‘‘(2) REQUIREMENTS.—The Secretary shall ap25 prove an application for certification if— 
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1 ‘‘(A)(i) the Indian tribe has carried out a 

2 contract or compact under title I or IV of the 

3 Indian Self-Determination and Education As4 sistance Act (25 U.S.C. 450 et seq.); and 

5 ‘‘(ii) for a period of not less than 3 con6 secutive years ending on the date on which the 

7 Indian tribe submits the application, the con8 tract or compact— 

9 ‘‘(I) has been carried out by the In10 dian tribe without material audit excep11 tions (or without any material audit excep12 tions that were not corrected within the 3- 

13 year period); and 

14 ‘‘(II) has included programs or activi15 ties relating to the management of tribal 

16 land; and 

17 ‘‘(B)(i) the tribal energy development orga18 nization is organized under the laws of the In19 dian tribe; 

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

21 tribal energy development organization is owned 

22 and controlled by the Indian tribe (or the In23 dian tribe and 1 or more other Indian tribes) 

24 the tribal land of which is being developed; and 
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1 ‘‘(II) the organizing document of the tribal 

2 energy development organization requires that 

3 the Indian tribe with jurisdiction over the land 

4 maintain at all times the controlling interest in 

5 the tribal energy development organization; 

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

7 energy development organization requires that 

8 the Indian tribe (or the Indian tribe and 1 or 

9 more other Indian tribes) the tribal land of 

10 which is being developed own and control at all 

11 times a majority of the interest in the tribal en12 ergy development organization; and 

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

14 energy development organization includes a 

15 statement that the organization shall be subject 

16 to the jurisdiction, laws, and authority of the 

17 Indian tribe. 

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

19 approves an application for certification pursuant to 

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

21 days after making the determination— 

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

23 ‘‘(i) the tribal energy development or24 ganization is organized under the laws of 

25 the Indian tribe and subject to the juris-
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1 diction, laws, and authority of the Indian 

2 tribe; 

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

4 the tribal energy development organization 

5 is owned and controlled by the Indian tribe 

6 (or the Indian tribe and 1 or more other 

7 Indian tribes) the tribal land of which is 

8 being developed; 

9 ‘‘(iii) the organizing document of the 

10 tribal energy development organization re11 quires that the Indian tribe with jurisdic12 tion over the land maintain at all times the 

13 controlling interest in the tribal energy de14 velopment organization; 

15 ‘‘(iv) the organizing document of the 

16 tribal energy development organization re17 quires that the Indian tribe (or the Indian 

18 tribe and 1 or more other Indian tribes the 

19 tribal land of which is being developed) 

20 own and control at all times a majority of 

21 the interest in the tribal energy develop22 ment organization; and 

23 ‘‘(v) the certification is issued pursu24 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 docu-
30 

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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— 

22 (1) by redesignating paragraphs (9) through 

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

24 (2) by inserting after paragraph (8) the fol25 lowing: 
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1 ‘‘(9) The term ‘qualified Indian tribe’ means an 

2 Indian tribe that has— 

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

4 under title I or IV of the Indian Self Deter5 mination and Education Assistance Act (25 

6 U.S.C. 450 et seq.) for a period of not less than 

7 3 consecutive years ending on the date on which 

8 the Indian tribe submits the application without 

9 material audit exception (or without any mate10 rial audit exceptions that were not corrected 

11 within the 3-year period) relating to the man12 agement of tribal land or natural resources; or 

13 ‘‘(B) substantial experience in the adminis14 tration, review, or evaluation of energy resource 

15 leases or agreements or has otherwise substan16 tially participated in the administration, man17 agement, or development of energy resources lo18 cated on the tribal land of the Indian tribe.’’; 

19 and 

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

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

22 ‘‘(12) The term ‘tribal energy development or23 ganization’ means— 

24 ‘‘(A) any enterprise, partnership, consor25 tium, corporation, or other type of business or-
32 

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1 ganization that is engaged in the development 

2 of energy resources and is wholly owned by an 

3 Indian tribe (including an organization incor4 porated pursuant to section 17 of the Indian 

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

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

7 U.S.C. 503) (commonly known as the ‘Okla8 homa Indian Welfare Act’)); and 

9 ‘‘(B) any organization of 2 or more enti10 ties, at least 1 of which is an Indian tribe, that 

11 has the written consent of the governing bodies 

12 of all Indian tribes participating in the organi13 zation to apply for a grant, loan, or other as14 sistance under section 2602 or to enter into a 

15 lease or business agreement with, or acquire a 

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

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

18 2604.’’. 

19 (b) INDIAN TRIBAL ENERGY RESOURCE DEVELOP20 MENT.—Section 2602 of the Energy Policy Act of 1992 

21 (25 U.S.C. 3502) is amended— 

22 (1) in subsection (a)— 

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

24 energy resource development organizations’’ 
33 

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1 and inserting ‘‘tribal energy development orga2 nizations’’; and 

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

4 energy resource development organizations’’ 

5 each place it appears and inserting ‘‘tribal en6 ergy development organizations’’; and 

7 (2) in subsection (b)(2), by striking ‘‘tribal en8 ergy resource development organization’’ and insert9 ing ‘‘tribal energy development organization’’. 

10 (c) WIND AND HYDROPOWER FEASIBILITY STUDY.— 

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

12 U.S.C. 3506(c)(3)) is amended by striking ‘‘energy re13 source development’’ and inserting ‘‘energy development’’. 

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

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

16 amended— 

17 (1) in paragraph (3)— 

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

19 inserting the following: 

20 ‘‘(3) NOTICE AND COMMENT; SECRETARIAL RE21 VIEW.—The Secretary’’; and 

22 (B) by striking ‘‘for approval’’; 

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

24 Secretary’’ and inserting the following: 
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1 ‘‘(4) ACTION IN CASE OF DISAPPROVAL.—If the 

2 Secretary’’; 

3 (3) in paragraph (5)— 

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

5 and inserting the following: 

6 ‘‘(5) PROVISION OF DOCUMENTS TO SEC7 RETARY.—If an Indian tribe’’; and 

8 (B) in the matter preceding subparagraph 

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

10 effect’’; 

11 (4) in paragraph (6)— 

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

13 and inserting the following: 

14 ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT

15 OF SECTION.— 

16 ‘‘(A) In carrying out’’; 

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

18 clauses (i) and (ii) appropriately; 

19 (C) in subparagraph (B), by striking ‘‘ap20 proved’’ and inserting ‘‘in effect’’; and 

21 (D) in subparagraph (D)— 

22 (i) in clause (i), by striking ‘‘an ap23 proved tribal energy resource agreement’’ 

24 and inserting ‘‘a tribal energy resource 
35 

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1 agreement in effect under this section’’; 

2 and 

3 (ii) in clause (ii), by striking ‘‘ap4 proved by the Secretary’’ and inserting ‘‘in 

5 effect’’; and 

6 (5) in paragraph (7)— 

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

8 and inserting the following: 

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

10 ‘‘(A) In this paragraph’’; 

11 (B) in subparagraph (A), by striking ‘‘ap12 proved by the Secretary’’ and inserting ‘‘in ef13 fect’’; 

14 (C) in subparagraph (B), by striking ‘‘ap15 proved by the Secretary’’ and inserting ‘‘in ef16 fect’’; and 

17 (D) in subparagraph (D)(iii)— 

18 (i) in subclause (I), by striking ‘‘ap19 proved’’; and 

20 (ii) in subclause (II)— 

21 (I) by striking ‘‘approval of’’ in 

22 the first place it appears; and 

23 (II) by striking ‘‘subsection (a) 

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

25 (a)(2)(A)(i) or (b)(2)(A)’’. 
36 

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1 SEC. 106. REPORT. 

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

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

4 Interior shall submit to the Committee on Indian Affairs 

5 of the Senate and the Committee on Natural Resources 

6 of the House of Representatives a report that details with 

7 respect to activities for energy development on Indian 

8 land, how the Department of the Interior— 

9 (1) processes and completes the reviews of en10 ergy-related documents in a timely and transparent 

11 manner; 

12 (2) monitors the timeliness of agency review for 

13 all energy-related documents; 

14 (3) maintains databases to track and monitor 

15 the review and approval process for energy-related 

16 documents associated with conventional and renew17 able Indian energy resources that require Secretarial 

18 approval prior to development, including— 

19 (A) any seismic exploration permits; 

20 (B) permission to survey; 

21 (C) archeological and cultural surveys; 

22 (D) access permits; 

23 (E) environmental assessments; 

24 (F) oil and gas leases; 

25 (G) surface leases; 

26 (H) rights-of-way agreements; and 
37 

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1 (I) communitization agreements; 

2 (4) identifies in the databases— 

3 (A) the date lease applications and permits 

4 are received by the agency; 

5 (B) the status of the review; 

6 (C) the date the application or permit is 

7 considered complete and ready for review; 

8 (D) the date of approval; and 

9 (E) the start and end dates for any signifi10 cant delays in the review process; 

11 (5) tracks in the databases, for all energy-re12 lated leases, agreements, applications, and permits 

13 that involve multiple agency review— 

14 (A) the dates documents are transferred 

15 between agencies; 

16 (B) the status of the review; 

17 (C) the date the required reviews are com18 pleted; and 

19 (D) the date interim or final decisions are 

20 issued. 

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

22 shall include— 

23 (1) a description of any intermediate and final 

24 deadlines for agency action on any Secretarial review 

25 and approval required for Indian conventional and 
38 

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1 renewable energy exploration and development ac2 tivities; 

3 (2) a description of the existing geographic 

4 database established by the Bureau of Indian Af5 fairs, explaining— 

6 (A) how the database identifies— 

7 (i) the location and ownership of all 

8 Indian oil and gas resources held in trust; 

9 (ii) resources available for lease; and 

10 (iii) the location of— 

11 (I) any lease of land held in trust 

12 or restricted fee on behalf of any In13 dian tribe or individual Indian; and 

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

15 land in effect; 

16 (B) how the information from the database 

17 is made available to— 

18 (i) the officials of the Bureau of In19 dian Affairs with responsibility over the 

20 management and development of Indian 

21 resources; and 

22 (ii) resource owners; and 

23 (C) any barriers to identifying the informa24 tion described in subparagraphs (A) and (B) or 

25 any deficiencies in that information; and 
39 

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1 (3) an evaluation of— 

2 (A) the ability of each applicable agency to 

3 track and monitor the review and approval 

4 process of the agency for Indian energy develop5 ment; and 

6 (B) the extent to which each applicable 

7 agency complies with any intermediate and final 

8 deadlines. 

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 
40 

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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 2016 through 2020, the 

25 Secretary shall enter into stewardship contracts or similar 
41 

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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— 
42 

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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 
43 

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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, 2018, 

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 
44 

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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). 
45 

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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 2016 through 2020, 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 
46 

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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; 
47 

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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 2018, the Secretary shall submit to Congress a re23 port that describes, with respect to the reporting pe24 riod— 
48 

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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 
49 

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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 
50 

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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 
51 

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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 
52 

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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 min-
53 

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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’’. 
54 

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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.— 
55 

†S 209 ES

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 
56 

†S 209 ES

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

2 of enactment of this Act. 

Passed the Senate December 10, 2015. 

Attest: 

Secretary. 

114TH CONGRESS 

1ST SESSION S. 209 

AN ACT 

To amend the Indian Tribal Energy Development 

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