II 

Calendar No. 242 

114TH CONGRESS 

1ST SESSION S. 209 

[Report No. 114–149] 

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, Mrs. FISCHER, Ms. MURKOWSKI, Mr. BENNET, and 

Mr. GARDNER) introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

SEPTEMBER 30, 2015 

Reported by Mr. BARRASSO, without amendment 

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, 


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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. 

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 of the resources 

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1 sources under any lease or agreement; and’’; 

2 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, if the lease or business agreement— 

10 ‘‘(A) was executed— 

11 ‘‘(i) in accordance with the require12 ments of a tribal energy resource agree13 ment in effect under subsection (e) (includ14 ing the periodic review and evaluation of 

15 the activities of the Indian tribe under the 

16 agreement, to be conducted pursuant to 

17 subparagraphs (D) and (E) of subsection 

18 (e)(2)); or 

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

20 energy development organization— 

21 ‘‘(I) for which the Indian tribe 

22 has obtained certification pursuant to 

23 subsection (h); and 

24 ‘‘(II) the majority of the interest 

25 in which is, and continues to be 


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1 throughout the full term or renewal 

2 term (if any) of the lease or business 

3 agreement, owned and controlled by 

4 the Indian tribe (or the Indian tribe 

5 and 1 or more other Indian tribes the 

6 tribal land of which is being devel7 oped); and 

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

9 ‘‘(i) 30 years; or 

10 ‘‘(ii) in the case of a lease for the pro11 duction of oil resources, gas resources, or 

12 both, 10 years and as long thereafter as oil 

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

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

15 following: 

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

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

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

19 ‘‘(1) serves— 

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

21 transmission, or distribution facility (including 

22 a facility that produces electricity from renew23 able energy resources) located on tribal land; 


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

2 extracts, produces, processes, or refines energy 

3 resources; or 

4 ‘‘(C) the purposes, or facilitates in car5 rying out the purposes, of any lease or agree6 ment entered into for energy resource develop7 ment on tribal land; and 

8 ‘‘(2) was executed— 

9 ‘‘(A) in accordance with the requirements 

10 of a tribal energy resource agreement in effect 

11 under subsection (e) (including the periodic re12 view and evaluation of the activities of the In13 dian tribe under the agreement, to be conducted 

14 pursuant to subparagraphs (D) and (E) of sub15 section (e)(2)); or 

16 ‘‘(B) by the Indian tribe and a tribal en17 ergy development organization— 

18 ‘‘(i) for which the Indian tribe has ob19 tained certification pursuant to subsection 

20 (h); and 

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

22 which is, and continues to be throughout 

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

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

25 the Indian tribe (or the Indian tribe and 1 


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1 or more other Indian tribes the tribal land 

2 of which is being developed); and 

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

4 years.’’; 

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

6 following: 

7 ‘‘(d) VALIDITY.—No lease or business agreement en8 tered into, or right-of-way granted, pursuant to this sec9 tion shall be valid unless the lease, business agreement, 

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

11 (4) in subsection (e)— 

12 (A) by striking paragraph (1) and insert13 ing the following: 

14 ‘‘(1) IN GENERAL.—On or after the date of en15 actment of the Indian Tribal Energy Development 

16 and Self-Determination Act Amendments of 2015, 

17 an Indian tribe may submit to the Secretary a tribal 

18 energy resource agreement governing leases, busi19 ness agreements, and rights-of-way under this sec20 tion.’’; 

21 (B) in paragraph (2)— 

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

23 follows through the end of subparagraph 

24 (A) and inserting the following: 

25 ‘‘(2) PROCEDURE.— 


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1 ‘‘(A) EFFECTIVE DATE.— 

2 ‘‘(i) IN GENERAL.—On the date that 

3 is 271 days after the date on which the 

4 Secretary receives a tribal energy resource 

5 agreement from an Indian tribe under 

6 paragraph (1), the tribal energy resource 

7 agreement shall take effect, unless the Sec8 retary disapproves the tribal energy re9 source agreement under subparagraph (B). 

10 ‘‘(ii) REVISED TRIBAL ENERGY RE11 SOURCE AGREEMENT.—On the date that is 

12 91 days after the date on which the Sec13 retary receives a revised tribal energy re14 source agreement from an Indian tribe 

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

16 energy resource agreement shall take ef17 fect, unless the Secretary disapproves the 

18 revised tribal energy resource agreement 

19 under subparagraph (B).’’; 

20 (ii) in subparagraph (B)— 

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

22 follows through ‘‘if—’’ and inserting 

23 the following: 

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

25 disapprove a tribal energy resource agreement 


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

2 only if—’’; 

3 (II) by striking clause (i) and in4 serting the following: 

5 ‘‘(i) the Secretary determines that the 

6 Indian tribe has not demonstrated that the 

7 Indian tribe has sufficient capacity to reg8 ulate the development of the specific 1 or 

9 more energy resources identified for devel10 opment under the tribal energy resource 

11 agreement submitted by the Indian tribe;’’; 

12 (III) by redesignating clause (iii) 

13 as clause (iv) and indenting appro14 priately; 

15 (IV) by striking clause (ii) and 

16 inserting the following: 

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

18 resource agreement would violate applica19 ble Federal law (including regulations) or 

20 a treaty applicable to the Indian tribe; 

21 ‘‘(iii) the tribal energy resource agree22 ment does not include 1 or more provisions 

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

24 (V) in clause (iv) (as redesig25 nated by subclause (III))— 


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1 (aa) in the matter preceding 

2 subclause (I), by striking ‘‘in3 cludes’’ and all that follows 

4 through ‘‘section—’’ and insert5 ing ‘‘does not include provisions 

6 that, with respect to any lease, 

7 business agreement, or right-of8 way to which the tribal energy 

9 resource agreement applies—’’; 

10 and 

11 (bb) in subclause (XVI)(bb), 

12 by striking ‘‘or tribal’’; 

13 (iii) in subparagraph (C)— 

14 (I) in the matter preceding clause 

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

16 after ‘‘with respect to’’; 

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

19 ‘‘(ii) the identification of mitigation 

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

21 the Indian tribe, the Indian tribe might 

22 propose for incorporation into the lease, 

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

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

25 ‘‘proposed action’’ and inserting ‘‘apVerDate Sep 11 2014 23:42 Sep 30, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S209.RS S209

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1 proval of the lease, business agree2 ment, or right-of-way’’; 

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

4 ‘‘and’’ at the end; 

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

6 period at the end and inserting ‘‘; 

7 and’’; and 

8 (VI) by adding at the end the fol9 lowing: 

10 ‘‘(vi) the identification of specific 

11 classes or categories of actions, if any, de12 termined by the Indian tribe not to have 

13 significant environmental effects.’’; 

14 (iv) in subparagraph (D)(ii), by strik15 ing ‘‘subparagraph (B)(iii)(XVI)’’ and in16 serting ‘‘subparagraph (B)(iv)(XV)’’; and 

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

18 ‘‘(F) A tribal energy resource agreement 

19 that takes effect pursuant to this subsection 

20 shall remain in effect to the extent any provi21 sion of the tribal energy resource agreement is 

22 consistent with applicable Federal law (includ23 ing regulations), unless the tribal energy re24 source agreement is— 


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1 ‘‘(i) rescinded by the Secretary pursu2 ant to paragraph (7)(D)(iii)(II); or 

3 ‘‘(ii) voluntarily rescinded by the In4 dian tribe pursuant to the regulations pro5 mulgated under paragraph (8)(B) (or suc6 cessor regulations). 

7 ‘‘(G)(i) The Secretary shall make a pre8 liminary capacity determination under subpara9 graph (B)(i) not later than 120 days after the 

10 date on which the Indian tribe submits to the 

11 Secretary the tribal energy resource agreement 

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

13 unless the Secretary and the Indian tribe mutu14 ally agree to an extension of the time period for 

15 making the determination. 

16 ‘‘(ii) Any determination (including any pre17 liminary determination) that the Indian tribe 

18 lacks the requisite capacity shall be treated as 

19 a disapproval under paragraph (4) and, not 

20 later than 10 days after the date of the deter21 mination, the Secretary shall provide to the In22 dian tribe— 

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

24 each reason for the determination; and 


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

2 the Indian tribe should take to dem3 onstrate sufficient capacity. 

4 ‘‘(H) Notwithstanding any other provision 

5 of this section, an Indian tribe shall be consid6 ered to have demonstrated sufficient capacity 

7 under subparagraph (B)(i) to regulate the de8 velopment of the specific 1 or more energy re9 sources of the Indian tribe identified for devel10 opment under the tribal energy resource agree11 ment submitted by the Indian tribe pursuant to 

12 paragraph (1) if— 

13 ‘‘(i) the Secretary determines that— 

14 ‘‘(I)(aa) the Indian tribe has car15 ried out a contract or compact under 

16 title I or IV of the Indian Self-Deter17 mination and Education Assistance 

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

19 ‘‘(bb) for a period of not less 

20 than 3 consecutive years ending on 

21 the date on which the Indian tribe 

22 submits the tribal energy resource 

23 agreement of the Indian tribe pursu24 ant to paragraph (1) or (4)(B), the 

25 contract or compact— 


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1 ‘‘(AA) has been carried out 

2 by the Indian tribe without mate3 rial audit exceptions (or without 

4 any material audit exceptions 

5 that were not corrected within 

6 the 3-year period); and 

7 ‘‘(BB) has included pro8 grams or activities relating to the 

9 management of the environment, 

10 tribal land, realty, or natural re11 sources; or 

12 ‘‘(II) the Indian tribe has carried 

13 out approval of surface leases under 

14 subsection (h) of the first section of 

15 the Act of August 9, 1955 (commonly 

16 known as the ‘Long-Term Leasing 

17 Act’) (25 U.S.C. 415(h)) for the pre18 vious calendar year without a finding 

19 of a compliance violation under para20 graph (8)(B) of that subsection; or 

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

22 preliminary determination within the time 

23 allowed under subparagraph (G)(i) (includ24 ing any extension of time agreed to under 

25 that subparagraph).’’; 


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

2 disapproval’’ and all that follows through the 

3 end of subparagraph (C) and inserting the fol4 lowing: ‘‘date of disapproval, provide the Indian 

5 tribe with— 

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

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

8 and 

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

10 tribal energy resource agreement necessary 

11 to address each reason; and 

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

13 the tribal energy resource agreement.’’; 

14 (D) in paragraph (6)— 

15 (i) in subparagraph (B)— 

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

17 and inserting the following: 

18 ‘‘(B) Subject only to’’; and 

19 (II) by striking ‘‘subparagraph 

20 (D)’’ and inserting ‘‘subparagraphs 

21 (C) and (D)’’; 

22 (ii) in subparagraph (C), in the mat23 ter preceding clause (i), by inserting ‘‘to 

24 perform the obligations of the Secretary 


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

2 and 

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

4 at the end the following: 

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

6 limits, or otherwise affects the liability, if 

7 any, of the United States for any— 

8 ‘‘(I) term of any lease, business 

9 agreement, or right-of-way under this 

10 section that is not a negotiated term; 

11 or 

12 ‘‘(II) losses that are not the re13 sult of a negotiated term, including 

14 losses resulting from the failure of the 

15 Secretary to perform an obligation of 

16 the Secretary under this section.’’; 

17 (E) in paragraph (7)— 

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

19 ‘‘has demonstrated’’ and inserting ‘‘the 

20 Secretary determines has demonstrated 

21 with substantial evidence’’; 

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

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

24 remedies (if any) provided under the laws 

25 of the Indian tribe’’; 


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1 (iii) in subparagraph (D)— 

2 (I) in clause (i), by striking ‘‘de3 termine’’ and all that follows through 

4 the end of the clause and inserting the 

5 following: ‘‘determine— 

6 ‘‘(I) whether the petitioner 

7 is an interested party; and 

8 ‘‘(II) if the petitioner is an 

9 interested party, whether the In10 dian tribe is not in compliance 

11 with the tribal energy resource 

12 agreement as alleged in the peti13 tion.’’; 

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

15 ‘‘determination’’ and inserting ‘‘deter16 minations’’; and 

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

18 preceding subclause (I) by striking 

19 ‘‘agreement’’ the first place it appears 

20 and all that follows through ‘‘, includ21 ing’’ and inserting ‘‘agreement pursu22 ant to clause (i), the Secretary shall 

23 only take such action as the Secretary 

24 determines necessary to address the 


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1 claims of noncompliance made in the 

2 petition, including’’; 

3 (iv) in subparagraph (E)(i), by strik4 ing ‘‘the manner in which’’ and inserting 

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

6 petition, how’’; and 

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

8 ‘‘(G) Notwithstanding any other provision 

9 of this paragraph, the Secretary shall dismiss 

10 any petition from an interested party that has 

11 agreed with the Indian tribe to a resolution of 

12 the claims presented in the petition of that 

13 party.’’; 

14 (F) in paragraph (8)(B)— 

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

16 the end; 

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

18 after the semicolon; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(iii) amend an approved tribal energy 

22 resource agreement to assume authority 

23 for approving leases, business agreements, 

24 or rights-of-way for development of an25 other energy resource that is not included 


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1 in an approved tribal energy resource 

2 agreement without being required to apply 

3 for a new tribal energy resource agree4 ment;’’ and 

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

6 ‘‘(9) EFFECT.—Nothing in this section author7 izes the Secretary to deny a tribal energy resource 

8 agreement or any amendment to a tribal energy re9 source agreement, or to limit the effect or implemen10 tation of this section, due to lack of promulgated 

11 regulations.’’; 

12 (5) by redesignating subsection (g) as sub13 section (j); and 

14 (6) by inserting after subsection (f) the fol15 lowing: 

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

17 BY THE SECRETARY.— 

18 ‘‘(1) IN GENERAL.—Any amounts that the Sec19 retary would otherwise expend to operate or carry 

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

21 any portion of a program, function, service, or activ22 ity) of the Department that, as a result of an Indian 

23 tribe carrying out activities under a tribal energy re24 source agreement, the Secretary does not expend, 

25 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 and subject to the jurisdiction and 

20 authority of the Indian tribe; 

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

22 tribal energy development organization is owned 

23 and controlled by the Indian tribe (or the In24 dian tribe and 1 or more other Indian tribes the 

25 tribal land of which is being developed); and 


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

2 energy development organization requires that 

3 the Indian tribe (or the Indian tribe and 1 or 

4 more other Indian tribes the tribal land of 

5 which is being developed) own and control at all 

6 times a majority of the interest in the tribal en7 ergy development organization. 

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

9 approves an application for certification pursuant to 

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

11 days after making the determination— 

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

13 ‘‘(i) the tribal energy development or14 ganization is organized under the laws of 

15 the Indian tribe and subject to the juris16 diction and authority of the Indian tribe; 

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

18 the tribal energy development organization 

19 is owned and controlled by the Indian tribe 

20 (or the Indian tribe and 1 or more other 

21 Indian tribes the tribal land of which is 

22 being developed); 

23 ‘‘(iii) the organizing document of the 

24 tribal energy development organization re25 quires that the Indian tribe (or the Indian 


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1 tribe and 1 or more other Indian tribes the 

2 tribal land of which is being developed) 

3 own and control at all times a majority of 

4 the interest in the tribal energy develop5 ment organization; and 

6 ‘‘(iv) the certification is issued pursu7 ant this subsection; 

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

9 the Indian tribe; and 

10 ‘‘(C) publish the certification in the Fed11 eral Register. 

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

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

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

15 date of enactment of the Indian Tribal Energy Develop16 ment and Self-Determination Act Amendments of 2015, 

17 the Secretary shall promulgate or update any regulations 

18 that are necessary to implement this section, including 

19 provisions to implement— 

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

21 of 1992 (25 U.S.C. 3504(e)(8)), including the proc22 ess to be followed by an Indian tribe amending an 

23 existing tribal energy resource agreement to assume 

24 authority for approving leases, business agreements, 

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1 source that is not included in the tribal energy re2 source agreement; 

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

4 1992 (25 U.S.C. 3504(g)) including the manner in 

5 which the Secretary, at the request of an Indian 

6 tribe, shall— 

7 (A) identify the programs, functions, serv8 ices, and activities (or any portions of pro9 grams, functions, services, or activities) that the 

10 Secretary will not have to operate or carry out 

11 as a result of the Indian tribe carrying out ac12 tivities under a tribal energy resource agree13 ment; 

14 (B) identify the amounts that the Sec15 retary would have otherwise expended to oper16 ate or carry out each program, function, serv17 ice, and activity (or any portion of a program, 

18 function, service, or activity) identified pursu19 ant to subparagraph (A); and 

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

21 programs, functions, services, and activities (or 

22 any portions of programs, functions, services, or 

23 activities) identified pursuant subparagraph (A) 

24 and the amounts associated with each program, 

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


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1 a program, function, service, or activity) identi2 fied pursuant to subparagraph (B); and 

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

4 1992 (25 U.S.C. 3504(h)), including the process to 

5 be followed by, and any applicable criteria and docu6 mentation required for, an Indian tribe to request 

7 and obtain the certification described in that section. 

8 SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 

9 GOVERNMENTS. 

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

11 (25 U.S.C. 3502(b)) is amended— 

12 (1) by redesignating paragraphs (3) through 

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

14 (2) by inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) TECHNICAL AND SCIENTIFIC RE17 SOURCES.—In addition to providing grants to Indian 

18 tribes under this subsection, the Secretary shall col19 laborate with the Directors of the National Labora20 tories in making the full array of technical and sci21 entific resources of the Department of Energy avail22 able for tribal energy activities and projects.’’. 

23 SEC. 105. CONFORMING AMENDMENTS. 

24 (a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT

25 ORGANIZATION.—Section 2601 of the Energy Policy Act 


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1 of 1992 (25 U.S.C. 3501) is amended by striking para2 graph (11) and inserting the following: 

3 ‘‘(11) The term ‘tribal energy development or4 ganization’ means— 

5 ‘‘(A) any enterprise, partnership, consor6 tium, corporation, or other type of business or7 ganization that is engaged in the development 

8 of energy resources and is wholly owned by an 

9 Indian tribe (including an organization incor10 porated pursuant to section 17 of the Indian 

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

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

13 U.S.C. 503) (commonly known as the ‘Okla14 homa Indian Welfare Act’)); or 

15 ‘‘(B) any organization of 2 or more enti16 ties, at least 1 of which is an Indian tribe, that 

17 has the written consent of the governing bodies 

18 of all Indian tribes participating in the organi19 zation to apply for a grant, loan, or other as20 sistance under section 2602 or to enter into a 

21 lease or business agreement with, or acquire a 

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

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

24 2604.’’. 


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

3 (25 U.S.C. 3502) is amended— 

4 (1) in subsection (a)— 

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

6 energy resource development organizations’’ 

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

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

10 energy resource development organizations’’ 

11 each place it appears and inserting ‘‘tribal en12 ergy development organizations’’; and 

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

16 (c) WIND AND HYDROPOWER FEASIBILITY STUDY.— 

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

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

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

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

22 amended— 

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

24 section 103(a)(4)(A)(ii)(III))— 


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

2 after the semicolon at the end; 

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

4 (C) by redesignating subclause (XVI) as 

5 subclause (XV); 

6 (2) in paragraph (3)— 

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

8 inserting the following: 

9 ‘‘(3) NOTICE AND COMMENT; SECRETARIAL RE10 VIEW.—The Secretary’’; and 

11 (B) by striking ‘‘for approval’’; 

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

13 Secretary’’ and inserting the following: 

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

15 Secretary’’; 

16 (4) in paragraph (5)— 

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

18 and inserting the following: 

19 ‘‘(5) PROVISION OF DOCUMENTS TO SEC20 RETARY.—If an Indian tribe’’; and 

21 (B) in the matter preceding subparagraph 

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

23 effect’’; 

24 (5) in paragraph (6)— 


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

2 and inserting the following: 

3 ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT

4 OF SECTION.— 

5 ‘‘(A) In carrying out’’; 

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

7 clauses (i) and (ii) appropriately; 

8 (C) in subparagraph (B), by striking ‘‘ap9 proved’’ and inserting ‘‘in effect’’; and 

10 (D) in subparagraph (D)— 

11 (i) in clause (i), by striking ‘‘an ap12 proved tribal energy resource agreement’’ 

13 and inserting ‘‘a tribal energy resource 

14 agreement in effect under this section’’; 

15 and 

16 (ii) in clause (ii), by striking ‘‘ap17 proved by the Secretary’’ and inserting ‘‘in 

18 effect’’; and 

19 (6) in paragraph (7)— 

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

21 and inserting the following: 

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

23 ‘‘(A) In this paragraph’’; 


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1 (B) in subparagraph (A), by striking ‘‘ap2 proved by the Secretary’’ and inserting ‘‘in ef3 fect’’; 

4 (C) in subparagraph (B), by striking ‘‘ap5 proved by the Secretary’’ and inserting ‘‘in ef6 fect’’; and 

7 (D) in subparagraph (D)(iii)— 

8 (i) in subclause (I), by striking ‘‘ap9 proved’’; and 

10 (ii) in subclause (II)— 

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

12 the first place it appears; and 

13 (II) by striking ‘‘subsection (a) 

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

15 (a)(2)(A)(i) or (b)(2)(A)’’. 

16 TITLE II—MISCELLANEOUS 

17 AMENDMENTS 

18 SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LI19 CENSES. 

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

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

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

23 and municipalities’’. 

24 (b) APPLICABILITY.—The amendment made by sub25 section (a) shall not affect— 


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1 (1) any preliminary permit or original license 

2 issued before the date of enactment of the Indian 

3 Tribal Energy Development and Self-Determination 

4 Act Amendments of 2015; or 

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

6 Commission has issued a notice accepting that appli7 cation for filing pursuant to section 4.32(d) of title 

8 18, Code of Federal Regulations (or successor regu9 lations), before the date of enactment of the Indian 

10 Tribal Energy Development and Self-Determination 

11 Act Amendments of 2015. 

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

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

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

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

16 Self-Determination and Education Assistance Act (25 

17 U.S.C. 450b). 

18 SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

19 (a) PURPOSE.—The purpose of this section is to es20 tablish a biomass demonstration project for federally rec21 ognized Indian tribes and Alaska Native corporations to 

22 promote biomass energy production. 

23 (b) TRIBAL BIOMASS DEMONSTRATION PROJECT.— 

24 The Tribal Forest Protection Act of 2004 (Public Law 

25 108–278; 118 Stat. 868) is amended— 


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

2 and inserting ‘‘In this Act’’; and 

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

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

5 ‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREE6 MENTS.—For each of fiscal years 2015 through 2019, the 

7 Secretary shall enter into stewardship contracts or similar 

8 agreements (excluding direct service contracts) with In9 dian tribes to carry out demonstration projects to promote 

10 biomass energy production (including biofuel, heat, and 

11 electricity generation) on Indian forest land and in nearby 

12 communities by providing reliable supplies of woody bio13 mass from Federal land. 

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

15 year for which projects are authorized, at least 4 new dem16 onstration projects that meet the eligibility criteria de17 scribed in subsection (c) shall be carried out under con18 tracts or agreements described in subsection (a). 

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

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

21 tribe shall submit to the Secretary an application— 

22 ‘‘(1) containing such information as the Sec23 retary may require; and 

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


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

2 under the jurisdiction of the Indian tribe; and 

3 ‘‘(B) the demonstration project proposed 

4 to be carried out by the Indian tribe. 

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

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

7 ‘‘(1) take into consideration— 

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

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

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

11 ‘‘(i) increase the availability or reli12 ability of local or regional energy; 

13 ‘‘(ii) enhance the economic develop14 ment of the Indian tribe; 

15 ‘‘(iii) result in or improve the connec16 tion of electric power transmission facilities 

17 serving the Indian tribe with other electric 

18 transmission facilities; 

19 ‘‘(iv) improve the forest health or wa20 tersheds of Federal land or Indian forest 

21 land or rangeland; 

22 ‘‘(v) demonstrate new investments in 

23 infrastructure; or 

24 ‘‘(vi) otherwise promote the use of 

25 woody biomass; and 


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1 ‘‘(2) exclude from consideration any merchant2 able logs that have been identified by the Secretary 

3 for commercial sale. 

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

5 ‘‘(1) ensure that the criteria described in sub6 section (c) are publicly available by not later than 

7 120 days after the date of enactment of this section; 

8 and 

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

10 with Indian tribes and appropriate intertribal orga11 nizations likely to be affected in developing the ap12 plication and otherwise carrying out this section. 

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

14 the Secretary shall submit to Congress a report that de15 scribes, with respect to the reporting period— 

16 ‘‘(1) each individual tribal application received 

17 under this section; and 

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

19 pursuant to this section. 

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

21 carrying out a contract or agreement under this section, 

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

23 shall incorporate into the contract or agreement, to the 

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1 ment plans) in effect on the Indian forest land or range2 land of the respective Indian tribe. 

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

4 under this section— 

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

6 years; and 

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

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

9 (c) ALASKA NATIVE BIOMASS DEMONSTRATION

10 PROJECT.— 

11 (1) DEFINITIONS.—In this subsection: 

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

13 land’’ means— 

14 (i) land of the National Forest System 

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

16 and Rangeland Renewable Resources Plan17 ning Act of 1974 (16 U.S.C. 1609(a)) ad18 ministered by the Secretary of Agriculture, 

19 acting through the Chief of the Forest 

20 Service; and 

21 (ii) public lands (as defined in section 

22 103 of the Federal Land Policy Manage23 ment Act of 1976 (43 U.S.C. 1702)), the 

24 surface of which is administered by the 

25 Secretary of the Interior, acting through 


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1 the Director of the Bureau of Land Man2 agement. 

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

4 tribe’’ has the meaning given the term in sec5 tion 4 of the Indian Self-Determination and 

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

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

8 means— 

9 (i) the Secretary of Agriculture, with 

10 respect to land under the jurisdiction of 

11 the Forest Service; and 

12 (ii) the Secretary of the Interior, with 

13 respect to land under the jurisdiction of 

14 the Bureau of Land Management. 

15 (D) TRIBAL ORGANIZATION.—The term 

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

17 term in section 4 of the Indian Self-Determina18 tion and Education Assistance Act (25 U.S.C. 

19 450b). 

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

21 2015 through 2019, the Secretary shall enter into 

22 an agreement or contract with an Indian tribe or a 

23 tribal organization to carry out a demonstration 

24 project to promote biomass energy production (in25 cluding biofuel, heat, and electricity generation) by 


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1 providing reliable supplies of woody biomass from 

2 Federal land. 

3 (3) DEMONSTRATION PROJECTS.—In each fiscal 

4 year for which projects are authorized, at least 1 

5 new demonstration project that meets the eligibility 

6 criteria described in paragraph (4) shall be carried 

7 out under contracts or agreements described in 

8 paragraph (2). 

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

10 enter into a contract or agreement under this sub11 section, an Indian tribe or tribal organization shall 

12 submit to the Secretary an application— 

13 (A) containing such information as the 

14 Secretary may require; and 

15 (B) that includes a description of the dem16 onstration project proposed to be carried out by 

17 the Indian tribe or tribal organization. 

18 (5) SELECTION.—In evaluating the applications 

19 submitted under paragraph (4), the Secretary 

20 shall— 

21 (A) take into consideration whether a pro22 posed project would— 

23 (i) increase the availability or reli24 ability of local or regional energy; 


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1 (ii) enhance the economic development 

2 of the Indian tribe; 

3 (iii) result in or improve the connec4 tion of electric power transmission facilities 

5 serving the Indian tribe with other electric 

6 transmission facilities; 

7 (iv) improve the forest health or wa8 tersheds of Federal land or non-Federal 

9 land; 

10 (v) demonstrate new investments in 

11 infrastructure; or 

12 (vi) otherwise promote the use of 

13 woody biomass; and 

14 (B) exclude from consideration any mer15 chantable logs that have been identified by the 

16 Secretary for commercial sale. 

17 (6) IMPLEMENTATION.—The Secretary shall— 

18 (A) ensure that the criteria described in 

19 paragraph (4) are publicly available by not later 

20 than 120 days after the date of enactment of 

21 this subsection; and 

22 (B) to the maximum extent practicable, 

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1 oping the application and otherwise carrying 

2 out this subsection. 

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

4 2017, the Secretary shall submit to Congress a re5 port that describes, with respect to the reporting pe6 riod— 

7 (A) each individual application received 

8 under this subsection; and 

9 (B) each contract and agreement entered 

10 into pursuant to this subsection. 

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

12 into under this subsection— 

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

14 20 years; and 

15 (B) may be renewed in accordance with 

16 this subsection for not more than an additional 

17 10 years. 

18 SEC. 203. WEATHERIZATION PROGRAM. 

19 Section 413(d) of the Energy Conservation and Pro20 duction Act (42 U.S.C. 6863(d)) is amended— 

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

22 following: 

23 ‘‘(1) RESERVATION OF AMOUNTS.— 

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1 sion of this part, the Secretary shall reserve 

2 from amounts that would otherwise be allocated 

3 to a State under this part not less than 100 

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

5 amount which bears the same proportion to the 

6 allocation of that State for the applicable fiscal 

7 year as the population of all low-income mem8 bers of an Indian tribe in that State bears to 

9 the population of all low-income individuals in 

10 that State. 

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

12 shall apply only if— 

13 ‘‘(i) the tribal organization serving the 

14 low-income members of the applicable In15 dian tribe requests that the Secretary 

16 make a grant directly; and 

17 ‘‘(ii) the Secretary determines that 

18 the low-income members of the applicable 

19 Indian tribe would be equally or better 

20 served by making a grant directly than a 

21 grant made to the State in which the low22 income members reside. 

23 ‘‘(C) PRESUMPTION.—If the tribal organi24 zation requesting the grant is a tribally des25 ignated housing entity (as defined in section 4 


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1 of the Native American Housing Assistance and 

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

3 4103)) that has operated without material audit 

4 exceptions (or without any material audit excep5 tions that were not corrected within a 3-year 

6 period), the Secretary shall presume that the 

7 low-income members of the applicable Indian 

8 tribe would be equally or better served by mak9 ing a grant directly to the tribal organization 

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

11 low-income members reside.’’; 

12 (2) in paragraph (2)— 

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

14 ‘‘ADMINISTRATION.—The amounts’’; 

15 (B) by striking ‘‘on the basis of his deter16 mination’’; 

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

18 a determination has been made’’ and inserting 

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

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

21 Secretary’’; and 

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

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


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1 SEC. 204. APPRAISALS. 

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

3 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add4 ing at the end the following: 

5 ‘‘SEC. 2607. APPRAISALS. 

6 ‘‘(a) IN GENERAL.—For any transaction that re7 quires approval of the Secretary and involves mineral or 

8 energy resources held in trust by the United States for 

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

10 to Federal restrictions against alienation, any appraisal 

11 relating to fair market value of those resources required 

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

13 ‘‘(1) the Secretary; 

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

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

16 to a contract with the Indian tribe. 

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

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

19 receives an appraisal prepared by or for an Indian tribe 

20 under paragraph (2) or (3) of subsection (a), the Sec21 retary shall— 

22 ‘‘(1) review the appraisal; and 

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

24 determines that the appraisal fails to meet the 

25 standards set forth in regulations promulgated 

26 under subsection (d). 


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1 ‘‘(c) NOTICE OF DISAPPROVAL.—If the Secretary de2 termines that an appraisal submitted for approval under 

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

4 give written notice of the disapproval to the Indian tribe 

5 and a description of— 

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

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

8 otherwise cured to meet the applicable standards set 

9 forth in the regulations promulgated under sub10 section (d). 

11 ‘‘(d) REGULATIONS.—The Secretary shall promul12 gate regulations to carry out this section, including stand13 ards the Secretary shall use for approving or disapproving 

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

15 SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NA16 TION. 

17 (a) IN GENERAL.—Subsection (e)(1) of the first sec18 tion of the Act of August 9, 1955 (commonly known as 

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

20 amended— 

21 (1) by striking ‘‘, except a lease for’’ and insert22 ing ‘‘, including a lease for’’; 

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

24 the following: 


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1 ‘‘(A) in the case of a business or agricul2 tural lease, 99 years;’’; 

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

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

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

6 ‘‘(C) in the case of a lease for the explo7 ration, development, or extraction of any min8 eral resource (including geothermal resources), 

9 25 years, except that— 

10 ‘‘(i) any such lease may include an op11 tion to renew for 1 additional term of not 

12 to exceed 25 years; and 

13 ‘‘(ii) any such lease for the explo14 ration, development, or extraction of an oil 

15 or gas resource shall be for a term of not 

16 to exceed 10 years, plus such additional 

17 period as the Navajo Nation determines to 

18 be appropriate in any case in which an oil 

19 or gas resource is produced in a paying 

20 quantity.’’. 

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

22 date of enactment of this Act, the Comptroller General 

23 of the United States shall prepare and submit to Congress 

24 a report describing the progress made in carrying out the 

25 amendment made by subsection (a). 


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•S 209 RS

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

2 CROW TRIBE OF MONTANA. 

3 Subsection (a) of the first section of the Act of Au4 gust 9, 1955 (25 U.S.C. 415(a)), is amended in the second 

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

6 Tribe of Montana’’ after ‘‘Devils Lake Sioux Reserva7 tion’’. 

8 SEC. 207. TRUST STATUS OF LEASE PAYMENTS. 

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

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

11 (b) TREATMENT OF LEASE PAYMENTS.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2) and at the request of the Indian tribe or 

14 individual Indian, any advance payments, bid depos15 its, or other earnest money received by the Secretary 

16 in connection with the review and Secretarial ap17 proval under any other Federal law (including regu18 lations) of a sale, lease, permit, or any other convey19 ance of any interest in any trust or restricted land 

20 of any Indian tribe or individual Indian shall, upon 

21 receipt and prior to Secretarial approval of the con22 tract or conveyance instrument, be held in the trust 

23 fund system for the benefit of the Indian tribe and 

24 individual Indian from whose land the funds were 

25 generated. 


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

2 bid deposit, or other earnest money received by the 

3 Secretary results from competitive bidding, upon se4 lection of the successful bidder, only the funds paid 

5 by the successful bidder shall be held in the trust 

6 fund system. 

7 (c) USE OF FUNDS.— 

8 (1) IN GENERAL.—On the approval of the Sec9 retary of a contract or other instrument for a sale, 

10 lease, permit, or any other conveyance described in 

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

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

13 all income generated from the investment of those 

14 funds, shall be disbursed to the Indian tribe or indi15 vidual Indian landowners. 

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

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

18 conveyance described in subsection (b)(1) is not ap19 proved by the Secretary, the funds held in the trust 

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

21 with all income generated from the investment of 

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

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

24 in, the applicable regulations, advertisement, or 


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1 other notice governing the proposed conveyance of 

2 the interest in the land at issue. 

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

4 advance payment, bid deposit, or other earnest money re5 ceived by the Secretary in connection with the review and 

6 Secretarial approval under any other Federal law (includ7 ing regulations) of a sale, lease, permit, or any other con8 veyance of any interest in any trust or restricted land of 

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

10 of enactment of this Act. 


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Calendar No. 242 

114TH CONGRESS 

1ST SESSION S. 209 

[Report No. 114–149] 

A BILL 

To amend the Indian Tribal Energy Development 

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

SEPTEMBER 30, 2015 

Reported without amendment 


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