II 

113TH CONGRESS 

2D SESSION S. 2132 

To amend the Indian Tribal Energy Development and Self-Determination 

Act of 2005, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 13, 2014 

Mr. BARRASSO (for himself, Mr. HOEVEN, Mr. MCCAIN, Mr. THUNE, and Mr. 

ENZI) introduced the following bill; which was read twice and referred to 

the Committee on Indian Affairs 

A BILL 

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

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

3 SECTION 1. SHORT TITLE. 

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

5 Development and Self-Determination Act Amendments of 

6 2014’’. 

7 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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TITLE I—INDIAN TRIBAL ENERGY DEVELOPMENT AND SELFDETERMINATION ACT AMENDMENTS 

Sec. 101. Indian tribal energy resource development. 

Sec. 102. Indian tribal energy resource regulation. 

Sec. 103. Tribal energy resource agreements. 

Sec. 104. Technical assistance for Indian tribal governments. 

Sec. 105. Conforming amendments. 

TITLE II—MISCELLANEOUS AMENDMENTS 

Sec. 201. Issuance of preliminary permits or licenses. 

Sec. 202. Tribal biomass demonstration project. 

Sec. 203. Weatherization program. 

Sec. 204. Appraisals. 

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

1 TITLE I—INDIAN TRIBAL EN2 ERGY DEVELOPMENT AND 

3 SELF-DETERMINATION ACT 

4 AMENDMENTS 

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

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

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

9 (1) in paragraph (2)— 

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

11 ‘‘and’’ after the semicolon; 

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

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

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

15 ‘‘(E) consult with each applicable Indian 

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1 sources of that Indian tribe or the members of 

2 that Indian tribe.’’; and 

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

4 ‘‘(4) PLANNING.— 

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

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

9 including— 

10 ‘‘(i) plans for electrification; 

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

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

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

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

18 of natural, historic, and cultural resources; 

19 and 

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

22 use of energy resources. 

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

24 program under paragraph (1), the Secretary 

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

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

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

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

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

10 (2) by redesignating subparagraphs (C) and 

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

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

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

15 Indian tribes to manage energy development 

16 and energy efficiency programs;’’. 

17 (c) DEPARTMENT OF ENERGY LOAN GUARANTEE

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

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

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

21 energy development organization’’ after ‘‘Indian 

22 tribe’’; 

23 (2) in paragraph (3)— 


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1 (A) in the matter preceding subparagraph 

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

3 ‘‘guaranteed’’; 

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

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

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

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

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

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

13 than 1 year after the date of enactment of the In14 dian Tribal Energy Development and Self-Deter15 mination Act Amendments of 2014, the Secretary of 

16 Energy shall’’. 

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

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

20 U.S.C. 3503(c)) is amended— 

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

24 energy development organization, the Indian tribe or 

25 tribal energy development organization’’; and 


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

2 energy development organization’’ after ‘‘Indian 

3 tribe’’. 

4 SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS. 

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

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

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

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

11 (ii) in subparagraph (B)— 

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

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

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

17 from renewable energy resources) located 

18 on tribal land; or’’; and 

19 (II) in clause (ii)— 

20 (aa) by inserting ‘‘, at least 

21 a portion of which have been’’ 

22 after ‘‘energy resources’’; 

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

25 on’’; and 


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1 (cc) by striking ‘‘and’’ after 

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

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

6 ‘‘(C) pooling, unitization, or 

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

9 land with any other energy mineral resource 

10 (including energy mineral resources owned by 

11 the Indian tribe or an individual Indian in fee, 

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

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

17 and 

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

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

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

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

25 ‘‘(A) was executed— 


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

5 the activities of the Indian tribe under the 

6 agreement, to be conducted pursuant to 

7 subparagraphs (D) and (E) of subsection 

8 (e)(2)); or 

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

10 energy development organization— 

11 ‘‘(I) for which the Indian tribe 

12 has obtained certification pursuant to 

13 subsection (h); and 

14 ‘‘(II) the majority of the interest 

15 in which is, and continues to be 

16 throughout the full term or renewal 

17 term (if any) of the lease or business 

18 agreement, owned and controlled by 

19 the Indian tribe (or the Indian tribe 

20 and 1 or more other Indian tribes); 

21 and 

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

23 ‘‘(i) 30 years; or 

24 ‘‘(ii) in the case of a lease for the pro25 duction of oil resources, gas resources, or 


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1 both, 10 years and as long thereafter as oil 

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

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

4 following: 

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

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

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

8 ‘‘(1) serves— 

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

10 transmission, or distribution facility (including 

11 a facility that produces electricity from renew12 able energy resources) located on tribal land; 

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

14 extracts, produces, processes, or refines energy 

15 resources; or 

16 ‘‘(C) the purposes, or facilitates in car17 rying out the purposes, of any lease or agree18 ment entered into for energy resource develop19 ment on tribal land; and 

20 ‘‘(2) was executed— 

21 ‘‘(A) in accordance with the requirements 

22 of a tribal energy resource agreement in effect 

23 under subsection (e) (including the periodic re24 view and evaluation of the activities of the In25 dian tribe under the agreement, to be conducted 


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1 pursuant to subparagraphs (D) and (E) of sub2 section (e)(2)); or 

3 ‘‘(B) by the Indian tribe and a tribal en4 ergy development organization— 

5 ‘‘(i) for which the Indian tribe has ob6 tained certification pursuant to subsection 

7 (h); and 

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

9 which is, and continues to be throughout 

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

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

12 the Indian tribe (or the Indian tribe and 1 

13 or more other Indian tribes); and 

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

15 years.’’; 

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

17 following: 

18 ‘‘(d) VALIDITY.—No lease or business agreement en19 tered into, or right-of-way granted, pursuant to this sec20 tion shall be valid unless the lease, business agreement, 

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

22 (4) in subsection (e)— 

23 (A) in paragraph (2)— 


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

2 follows through the end of subparagraph 

3 (A) and inserting the following: 

4 ‘‘(2) PROCEDURE.— 

5 ‘‘(A) EFFECTIVE DATE.— 

6 ‘‘(i) IN GENERAL.—On the date that 

7 is 271 days after the date on which the 

8 Secretary receives a tribal energy resource 

9 agreement from an Indian tribe under 

10 paragraph (1), the tribal energy resource 

11 agreement shall take effect, unless the Sec12 retary disapproves the tribal energy re13 source agreement under subparagraph (B). 

14 ‘‘(ii) REVISED TRIBAL ENERGY RE15 SOURCE AGREEMENT.—On the date that is 

16 91 days after the date on which the Sec17 retary receives a revised tribal energy re18 source agreement from an Indian tribe 

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

20 energy resource agreement shall take ef21 fect, unless the Secretary disapproves the 

22 revised tribal energy resource agreement 

23 under subparagraph (B).’’; 

24 (ii) in subparagraph (B)— 


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

2 follows through ‘‘if—’’ and inserting 

3 the following: 

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

5 disapprove a tribal energy resource agreement 

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

7 only if—’’; 

8 (II) by striking clause (i) and in9 serting the following: 

10 ‘‘(i) the Secretary determines that the 

11 Indian tribe has not demonstrated that the 

12 Indian tribe has sufficient capacity to reg13 ulate the development of the specific 1 or 

14 more energy resources identified for devel15 opment under the tribal energy resource 

16 agreement submitted by the Indian tribe;’’; 

17 (III) by redesignating clause (iii) 

18 as clause (iv) and indenting appro19 priately; 

20 (IV) by striking clause (ii) and 

21 inserting the following: 

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

23 resource agreement would violate applica24 ble Federal law (including regulations) or 

25 a treaty applicable to the Indian tribe; 


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1 ‘‘(iii) the tribal energy resource agree2 ment does not include 1 or more provisions 

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

4 (V) in clause (iv) (as redesig5 nated by subclause (III))— 

6 (aa) in the matter preceding 

7 subclause (I), by striking ‘‘in8 cludes’’ and all that follows 

9 through ‘‘section—’’ and insert10 ing ‘‘does not include provisions 

11 that, with respect to any lease, 

12 business agreement, or right-of13 way to which the tribal energy 

14 resource agreement applies—’’; 

15 and 

16 (bb) in subclause (XVI)(bb), 

17 by striking ‘‘or tribal’’; 

18 (iii) in subparagraph (C)— 

19 (I) in the matter preceding clause 

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

21 after ‘‘with respect to’’; 

22 (II) by striking clause (ii) and in23 serting the following: 

24 ‘‘(ii) the identification of mitigation 

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


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1 the Indian tribe, the Indian tribe might 

2 propose for incorporation into the lease, 

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

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

5 ‘‘proposed action’’ and inserting ‘‘ap6 proval of the lease, business agree7 ment, or right-of-way’’; 

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

9 ‘‘and’’ at the end; 

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

11 period at the end and inserting ‘‘; 

12 and’’; and 

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

15 ‘‘(vi) the identification of specific 

16 classes or categories of actions, if any, de17 termined by the Indian tribe not to have 

18 significant environmental effects.’’; 

19 (iv) in subparagraph (D)(ii), by strik20 ing ‘‘subparagraph (B)(iii)(XVI)’’ and in21 serting ‘‘subparagraph (B)(iv)(XV)’’; and 

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

23 ‘‘(F) A tribal energy resource agreement 

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1 sion of the tribal energy resource agreement is 

2 consistent with applicable Federal law (includ3 ing regulations), unless the tribal energy re4 source agreement is— 

5 ‘‘(i) rescinded by the Secretary pursu6 ant to paragraph (7)(D)(iii)(II); or 

7 ‘‘(ii) voluntarily rescinded by the In8 dian tribe pursuant to the regulations pro9 mulgated under paragraph (8)(B) (or suc10 cessor regulations). 

11 ‘‘(G)(i) The Secretary shall make a capac12 ity determination under subparagraph (B)(i) 

13 not later than 120 days after the date on which 

14 the Indian tribe submits to the Secretary the 

15 tribal energy resource agreement of the Indian 

16 tribe pursuant to paragraph (1), unless the Sec17 retary and the Indian tribe mutually agree to 

18 an extension of the time period for making the 

19 determination. 

20 ‘‘(ii) Any determination that the Indian 

21 tribe lacks the requisite capacity shall be treat22 ed as a disapproval under paragraph (4) and, 

23 not later than 10 days after the date of the de24 termination, the Secretary shall provide to the 

25 Indian tribe— 


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

2 each reason for the determination; and 

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

4 the Indian tribe should take to dem5 onstrate sufficient capacity. 

6 ‘‘(H) Notwithstanding any other provision 

7 of this section, an Indian tribe shall be consid8 ered to have demonstrated sufficient capacity 

9 under subparagraph (B)(i) to regulate the de10 velopment of the specific 1 or more energy re11 sources of the Indian tribe identified for devel12 opment under the tribal energy resource agree13 ment submitted by the Indian tribe pursuant to 

14 paragraph (1) if— 

15 ‘‘(i) the Secretary determines that— 

16 ‘‘(I) the Indian tribe has carried 

17 out a contract or compact under title 

18 I or IV of the Indian Self-Determina19 tion and Education Assistance Act 

20 (25 U.S.C. 450 et seq.); and 

21 ‘‘(II) for a period of not less than 

22 3 consecutive years ending on the date 

23 on which the Indian tribe submits the 

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1 graph (1) or (4)(B), the contract or 

2 compact— 

3 ‘‘(aa) has been carried out 

4 by the Indian tribe without mate5 rial audit exceptions (or without 

6 any material audit exceptions 

7 that were not corrected within 

8 the 3-year period); and 

9 ‘‘(bb) has included programs 

10 or activities relating to the man11 agement of tribal land; or 

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

13 determination within the time allowed 

14 under subparagraph (G)(i) (including any 

15 extension of time agreed to under that sub16 paragraph).’’; 

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

18 disapproval’’ and all that follows through the 

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

21 tribe with— 

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

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

24 and 


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

2 tribal energy resource agreement necessary 

3 to address each reason; and 

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

5 the tribal energy resource agreement.’’; 

6 (C) in paragraph (6)— 

7 (i) in subparagraph (B)— 

8 (I) by striking ‘‘(B) Subject to’’ 

9 and inserting the following: 

10 ‘‘(B) Subject only to’’; and 

11 (II) by striking ‘‘subparagraph 

12 (D)’’ and inserting ‘‘subparagraphs 

13 (C) and (D)’’; 

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

16 perform the obligations of the Secretary 

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

18 and 

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

20 at the end the following: 

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

22 limits, or otherwise affects the liability, if 

23 any, of the United States for any— 

24 ‘‘(I) term of any lease, business 

25 agreement, or right-of-way under this 


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1 section that is not a negotiated term; 

2 or 

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

5 losses resulting from the failure of the 

6 Secretary to perform an obligation of 

7 the Secretary under this section.’’; 

8 and 

9 (D) in paragraph (7)— 

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

11 ‘‘has demonstrated’’ and inserting ‘‘the 

12 Secretary determines has demonstrated 

13 with substantial evidence’’; 

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

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

16 remedies (if any) provided under the laws 

17 of the Indian tribe’’; 

18 (iii) in subparagraph (D)— 

19 (I) in clause (i), by striking ‘‘de20 termine’’ and all that follows through 

21 the end of the clause and inserting the 

22 following: ‘‘determine— 

23 ‘‘(I) whether the petitioner is an 

24 interested party; and 


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1 ‘‘(II) if the petitioner is an inter2 ested party, whether the Indian tribe 

3 is not in compliance with the tribal 

4 energy resource agreement as alleged 

5 in the petition.’’; 

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

7 ‘‘determination’’ and inserting ‘‘deter8 minations’’; and 

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

10 preceding subclause (I) by striking 

11 ‘‘agreement’’ the first place it appears 

12 and all that follows through ‘‘, includ13 ing’’ and inserting ‘‘agreement pursu14 ant to clause (i), the Secretary shall 

15 only take such action as the Secretary 

16 determines necessary to address the 

17 claims of noncompliance made in the 

18 petition, including’’; 

19 (iv) in subparagraph (E)(i), by strik20 ing ‘‘the manner in which’’ and inserting 

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

22 petition, how’’; and 

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

24 ‘‘(G) Notwithstanding any other provision 

25 of this paragraph, the Secretary shall dismiss 


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1 any petition from an interested party that has 

2 agreed with the Indian tribe to a resolution of 

3 the claims presented in the petition of that 

4 party.’’; 

5 (5) by redesignating subsection (g) as sub6 section (j); and 

7 (6) by inserting after subsection (f) the fol8 lowing: 

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

10 BY THE SECRETARY.— 

11 ‘‘(1) IN GENERAL.—Any amounts that the Sec12 retary would otherwise expend to operate or carry 

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

14 any portion of a program, function, service, or activ15 ity) of the Department that, as a result of an Indian 

16 tribe carrying out activities under a tribal energy re17 source agreement, the Secretary does not expend, 

18 the Secretary shall, at the request of the Indian 

19 tribe, make available to the Indian tribe in accord20 ance with this subsection. 

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

22 Secretary shall make the amounts described in para23 graph (1) available to an Indian tribe through an 

24 annual written funding agreement that is negotiated 


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1 and entered into with the Indian tribe that is sepa2 rate from the tribal energy resource agreement. 

3 ‘‘(3) EFFECT OF APPROPRIATIONS.—Notwith4 standing paragraph (1)— 

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

6 tribe under this subsection is subject to the 

7 availability of appropriations; and 

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

9 reduce amounts for programs, functions, serv10 ices, or activities that serve any other Indian 

11 tribe to make amounts available to an Indian 

12 tribe under this subsection. 

13 ‘‘(4) DETERMINATION.— 

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

15 calculate the amounts under paragraph (1) in 

16 accordance with the regulations adopted under 

17 section 103(b) of the Indian Tribal Energy De18 velopment and Self-Determination Act Amend19 ments of 2014. 

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

21 or implementation of a tribal energy resource 

22 agreement under this section shall not be de23 layed or otherwise affected by— 

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

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1 dian Tribal Energy Development and Self2 Determination Act Amendments of 2014; 

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

4 Secretary to make the calculation required 

5 under paragraph (1); or 

6 ‘‘(iii) the adoption of a funding agree7 ment under paragraph (2). 

8 ‘‘(h) CERTIFICATION OF TRIBAL ENERGY DEVELOP9 MENT ORGANIZATION.— 

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

11 after the date on which an Indian tribe submits an 

12 application for certification of a tribal energy devel13 opment organization in accordance with regulations 

14 promulgated under section 103(b) of the Indian 

15 Tribal Energy Development and Self-Determination 

16 Act Amendments of 2014, the Secretary shall ap17 prove or disapprove the application. 

18 ‘‘(2) REQUIREMENTS.—The Secretary shall ap19 prove an application for certification if— 

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

21 contract or compact under title I or IV of the 

22 Indian Self-Determination and Education As23 sistance Act (25 U.S.C. 450 et seq.); and 

24 ‘‘(ii) for a period of not less than 3 con25 secutive years ending on the date on which the 


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1 Indian tribe submits the application, the con2 tract or compact— 

3 ‘‘(I) has been carried out by the In4 dian tribe without material audit excep5 tions (or without any material audit excep6 tions that were not corrected within the 3- 

7 year period); and 

8 ‘‘(II) has included programs or activi9 ties relating to the management of tribal 

10 land; and 

11 ‘‘(B)(i) the tribal energy development orga12 nization is organized under the laws of the In13 dian tribe and subject to the jurisdiction and 

14 authority of the Indian tribe; 

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

16 tribal energy development organization is owned 

17 and controlled by the Indian tribe (or the In18 dian tribe and 1 or more other Indian tribes); 

19 and 

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

21 energy development organization requires that 

22 the Indian tribe (or the Indian tribe and 1 or 

23 more other Indian tribes) own and control at all 

24 times a majority of the interest in the tribal en25 ergy development organization. 


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

2 approves an application for certification pursuant to 

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

4 days after making the determination— 

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

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

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

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

11 the tribal energy development organization 

12 is owned and controlled by the Indian tribe 

13 (or the Indian tribe and 1 or more other 

14 Indian tribes); 

15 ‘‘(iii) 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) 

19 own and control at all times a majority of 

20 the interest in the tribal energy develop21 ment organization; and 

22 ‘‘(iv) the certification is issued pursu23 ant this subsection; 

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

25 the Indian tribe; and 


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1 ‘‘(C) publish the certification in the Fed2 eral Register. 

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

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

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

6 date of enactment of the Indian Tribal Energy Develop7 ment and Self-Determination Act Amendments of 2014, 

8 the Secretary shall promulgate or update any regulations 

9 that are necessary to implement this section, including 

10 provisions to implement— 

11 (1) section 2604(g) of the Energy Policy Act of 

12 1992 (25 U.S.C. 3504(g)) including the manner in 

13 which the Secretary, at the request of an Indian 

14 tribe, shall— 

15 (A) identify the programs, functions, serv16 ices, and activities (or any portions of pro17 grams, functions, services, or activities) that the 

18 Secretary will not have to operate or carry out 

19 as a result of the Indian tribe carrying out ac20 tivities under a tribal energy resource agree21 ment; 

22 (B) identify the amounts that the Sec23 retary would have otherwise expended to oper24 ate or carry out each program, function, serv25 ice, and activity (or any portion of a program, 


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1 function, service, or activity) identified pursu2 ant to subparagraph (A); and 

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

4 programs, functions, services, and activities (or 

5 any portions of programs, functions, services, or 

6 activities) identified pursuant subparagraph (A) 

7 and the amounts associated with each program, 

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

9 a program, function, service, or activity) identi10 fied pursuant to subparagraph (B); and 

11 (2) section 2604(h) of the Energy Policy Act of 

12 1992 (25 U.S.C. 3504(h)), including the process to 

13 be followed by, and any applicable criteria and docu14 mentation required for, an Indian tribe to request 

15 and obtain the certification described in that section. 

16 SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 

17 GOVERNMENTS. 

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

19 (25 U.S.C. 3502(b)) is amended— 

20 (1) by redesignating paragraphs (3) through 

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

22 (2) by inserting after paragraph (2) the fol23 lowing: 

24 ‘‘(3) TECHNICAL AND SCIENTIFIC RE25 SOURCES.—In addition to providing grants to Indian 


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1 tribes under this subsection, the Secretary shall col2 laborate with the Directors of the National Labora3 tories in making the full array of technical and sci4 entific resources of the Department of Energy avail5 able for tribal energy activities and projects.’’. 

6 SEC. 105. CONFORMING AMENDMENTS. 

7 (a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT

8 ORGANIZATION.—Section 2601 of the Energy Policy Act 

9 of 1992 (25 U.S.C. 3501) is amended by striking para10 graph (11) and inserting the following: 

11 ‘‘(11) The term ‘tribal energy development or12 ganization’ means— 

13 ‘‘(A) any enterprise, partnership, consor14 tium, corporation, or other type of business or15 ganization that is engaged in the development 

16 of energy resources and is wholly owned by an 

17 Indian tribe (including an organization incor18 porated pursuant to section 17 of the Indian 

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

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

21 U.S.C. 503) (commonly known as the ‘Okla22 homa Indian Welfare Act’)); or 

23 ‘‘(B) any organization of 2 or more enti24 ties, at least 1 of which is an Indian tribe, that 

25 has the written consent of the governing bodies 


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1 of all Indian tribes participating in the organi2 zation to apply for a grant, loan, or other as3 sistance under section 2602 or to enter into a 

4 lease or business agreement with, or acquire a 

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

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

7 2604.’’. 

8 (b) INDIAN TRIBAL ENERGY RESOURCE DEVELOP9 MENT.—Section 2602 of the Energy Policy Act of 1992 

10 (25 U.S.C. 3502) is amended— 

11 (1) in subsection (a)— 

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

13 energy resource development organizations’’ 

14 and inserting ‘‘tribal energy development orga15 nizations’’; and 

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

17 energy resource development organizations’’ 

18 each place it appears and inserting ‘‘tribal en19 ergy development organizations’’; and 

20 (2) in subsection (b)(2), by striking ‘‘tribal en21 ergy resource development organization’’ and insert22 ing ‘‘tribal energy development organization’’. 

23 (c) WIND AND HYDROPOWER FEASIBILITY STUDY.— 

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


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1 U.S.C. 3506(c)(3)) is amended by striking ‘‘energy re2 source development’’ and inserting ‘‘energy development’’. 

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

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

5 amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘(1) On the date’’ and in8 serting the following: 

9 ‘‘(1) IN GENERAL.—On the date’’; and 

10 (B) by striking ‘‘for approval’’; 

11 (2) in paragraph (2)(B)(iv) (as redesignated by 

12 section 4(a)(4)(A)(ii)(III))— 

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

14 after the semicolon at the end; 

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

16 (C) by redesignating subclause (XVI) as 

17 subclause (XV); 

18 (3) in paragraph (3)— 

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

20 inserting the following: 

21 ‘‘(3) NOTICE AND COMMENT; SECRETARIAL RE22 VIEW.—The Secretary’’; and 

23 (B) by striking ‘‘for approval’’; 

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

25 Secretary’’ and inserting the following: 


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

2 Secretary’’; 

3 (5) 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 (6) 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 


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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 (7) 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)’’. 


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1 TITLE II—MISCELLANEOUS 

2 AMENDMENTS 

3 SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LI4 CENSES. 

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

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

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

8 and municipalities’’. 

9 (b) APPLICABILITY.—The amendment made by sub10 section (a) shall not affect— 

11 (1) any preliminary permit or original license 

12 issued before the date of enactment of the Indian 

13 Tribal Energy Development and Self-Determination 

14 Act Amendments of 2014; or 

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

16 Commission has issued a notice accepting that appli17 cation for filing pursuant to section 4.32(d) of title 

18 18, Code of Federal Regulations (or successor regu19 lations), before the date of enactment of the Indian 

20 Tribal Energy Development and Self-Determination 

21 Act Amendments of 2014. 

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

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

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

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


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1 Self-Determination and Education Assistance Act (25 

2 U.S.C. 450b). 

3 SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

4 (a) PURPOSE.—The purpose of this section is to es5 tablish a biomass demonstration project for federally rec6 ognized Indian tribes and Alaska Native corporations to 

7 promote biomass energy production. 

8 (b) TRIBAL BIOMASS DEMONSTRATION PROJECT.— 

9 The Tribal Forest Protection Act of 2004 (Public Law 

10 108–278; 118 Stat. 868) is amended— 

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

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

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

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

15 ‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREE16 MENTS.—For each of fiscal years 2015 through 2019, the 

17 Secretary shall enter into stewardship contracts or similar 

18 agreements (excluding direct service contracts) with In19 dian tribes to carry out demonstration projects to promote 

20 biomass energy production (including biofuel, heat, and 

21 electricity generation) on Indian forest land and in nearby 

22 communities by providing reliable supplies of woody bio23 mass from Federal land. 

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

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1 onstration projects that meet the eligibility criteria de2 scribed in subsection (c) shall be carried out under con3 tracts or agreements described in subsection (a). 

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

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

6 tribe shall submit to the Secretary an application— 

7 ‘‘(1) containing such information as the Sec8 retary may require; and 

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

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

11 under the jurisdiction of the Indian tribe; and 

12 ‘‘(B) the demonstration project proposed 

13 to be carried out by the Indian tribe. 

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

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

16 ‘‘(1) take into consideration— 

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

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

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

20 ‘‘(i) increase the availability or reli21 ability of local or regional energy; 

22 ‘‘(ii) enhance the economic develop23 ment of the Indian tribe; 

24 ‘‘(iii) result in or improve the connec25 tion of electric power transmission facilities 


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1 serving the Indian tribe with other electric 

2 transmission facilities; 

3 ‘‘(iv) improve the forest health or wa4 tersheds of Federal land or Indian forest 

5 land or rangeland; 

6 ‘‘(v) demonstrate new investments in 

7 infrastructure; or 

8 ‘‘(vi) otherwise promote the use of 

9 woody biomass; and 

10 ‘‘(2) exclude from consideration any merchant11 able logs that have been identified by the Secretary 

12 for commercial sale. 

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

14 ‘‘(1) ensure that the criteria described in sub15 section (c) are publicly available by not later than 

16 120 days after the date of enactment of this section; 

17 and 

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

19 with Indian tribes and appropriate intertribal orga20 nizations likely to be affected in developing the ap21 plication and otherwise carrying out this section. 

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

23 the Secretary shall submit to Congress a report that de24 scribes, with respect to the reporting period— 


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1 ‘‘(1) each individual tribal application received 

2 under this section; and 

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

4 pursuant to this section. 

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

6 carrying out a contract or agreement under this section, 

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

8 shall incorporate into the contract or agreement, to the 

9 maximum extent practicable, management plans (includ10 ing forest management and integrated resource manage11 ment plans) in effect on the Indian forest land or range12 land of the respective Indian tribe. 

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

14 under this section— 

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

16 years; and 

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

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

19 (c) ALASKA NATIVE CORPORATION BIOMASS DEM20 ONSTRATION PROJECT.— 

21 (1) DEFINITIONS.—In this subsection: 

22 (A) ALASKA NATIVE CORPORATION.—The 

23 term ‘‘Alaska Native corporation’’ has the 

24 meaning given the term ‘‘Native Corporation’’ 


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1 in section 3 of the Alaska Native Claims Settle2 ment Act (43 U.S.C. 1602). 

3 (B) FEDERAL LAND.—The term ‘‘Federal 

4 land’’ means— 

5 (i) land of the National Forest System 

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

7 and Rangeland Renewable Resources Plan8 ning Act of 1974 (16 U.S.C. 1609(a))) ad9 ministered by the Secretary of Agriculture, 

10 acting through the Chief of the Forest 

11 Service; and 

12 (ii) public lands (as defined in section 

13 103 of the Federal Land Policy Manage14 ment Act of 1976 (43 U.S.C. 1702)), the 

15 surface of which is administered by the 

16 Secretary of the Interior, acting through 

17 the Director of the Bureau of Land Man18 agement. 

19 (C) FOREST LAND.—The term ‘‘forest 

20 land’’ means land that— 

21 (i) is conveyed to an Alaska Native 

22 corporation pursuant to the Alaska Native 

23 Claims Settlement Act (43 U.S.C. 1601 et 

24 seq.); and 


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1 (ii)(I) is considered chiefly valuable 

2 for the production of forest products or to 

3 maintain watershed or other land values 

4 enhanced by a forest cover (including com5 mercial and noncommercial timberland and 

6 woodland), regardless of whether a formal 

7 inspection and land classification action 

8 has been taken; or 

9 (II) formerly had a forest or vegeta10 tive cover that is capable of restoration. 

11 (D) SECRETARY.—The term ‘‘Secretary’’ 

12 means— 

13 (i) the Secretary of Agriculture, with 

14 respect to land under the jurisdiction of 

15 the Forest Service; and 

16 (ii) the Secretary of the Interior, with 

17 respect to land under the jurisdiction of 

18 the Bureau of Land Management. 

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

20 2015 through 2019, the Secretary shall enter into a 

21 stewardship contract or similar agreement (excluding 

22 a direct service contract) with 1 or more Alaska Na23 tive corporations to carry out a demonstration 

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


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1 forest land of the Alaska Native corporations and in 

2 nearby communities by providing reliable supplies of 

3 woody biomass from Federal land. 

4 (3) DEMONSTRATION PROJECTS.—In each fiscal 

5 year for which projects are authorized, at least 1 

6 new demonstration project that meets the eligibility 

7 criteria described in paragraph (4) shall be carried 

8 out under contracts or agreements described in 

9 paragraph (2). 

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

11 enter into a contract or agreement under this sub12 section, an Alaska Native corporation shall submit 

13 to the Secretary an application— 

14 (A) containing such information as the 

15 Secretary may require; and 

16 (B) that includes a description of— 

17 (i) the forest land or rangeland under 

18 the jurisdiction of the Alaska Native cor19 poration; and 

20 (ii) the demonstration project pro21 posed to be carried out by the Alaska Na22 tive corporation. 

23 (5) SELECTION.—In evaluating the applications 

24 submitted under paragraph (4), the Secretary 

25 shall— 


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1 (A) take into consideration whether a pro2 posed project would— 

3 (i) increase the availability or reli4 ability of local or regional energy; 

5 (ii) enhance the economic development 

6 of the Alaska Native corporation; 

7 (iii) result in or improve the connec8 tion of electric power transmission facilities 

9 serving the Alaska Native corporation with 

10 other electric transmission facilities; 

11 (iv) improve the forest health or wa12 tersheds of Federal land or Alaska Native 

13 corporation forest land or rangeland; 

14 (v) demonstrate new investments in 

15 infrastructure; or 

16 (vi) otherwise promote the use of 

17 woody biomass; and 

18 (B) exclude from consideration any mer19 chantable logs that have been identified by the 

20 Secretary for commercial sale. 

21 (6) IMPLEMENTATION.—The Secretary shall— 

22 (A) ensure that the criteria described in 

23 paragraph (4) are publicly available by not later 

24 than 120 days after the date of enactment of 

25 this subsection; and 


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1 (B) to the maximum extent practicable, 

2 consult with Alaska Native corporations and ap3 propriate Alaska Native organizations likely to 

4 be affected in developing the application and 

5 otherwise carrying out this subsection. 

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

7 2017, the Secretary shall submit to Congress a re8 port that describes, with respect to the reporting pe9 riod— 

10 (A) each individual application received 

11 under this subsection; and 

12 (B) each contract and agreement entered 

13 into pursuant to this subsection. 

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

15 into under this subsection— 

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

17 20 years; and 

18 (B) may be renewed in accordance with 

19 this subsection for not more than an additional 

20 10 years. 

21 SEC. 203. WEATHERIZATION PROGRAM. 

22 Section 413(d) of the Energy Conservation and Pro23 duction Act (42 U.S.C. 6863(d)) is amended— 

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

25 following: 


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1 ‘‘(1) RESERVATION OF AMOUNTS.— 

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B) and notwithstanding any other provi4 sion of this part, the Secretary shall reserve 

5 from amounts that would otherwise be allocated 

6 to a State under this part not less than 100 

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

8 amount which bears the same proportion to the 

9 allocation of that State for the applicable fiscal 

10 year as the population of all low-income mem11 bers of an Indian tribe in that State bears to 

12 the population of all low-income individuals in 

13 that State. 

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

15 shall apply only if— 

16 ‘‘(i) the tribal organization serving the 

17 low-income members of the applicable In18 dian tribe requests that the Secretary 

19 make a grant directly; and 

20 ‘‘(ii) the Secretary determines that 

21 the low-income members of the applicable 

22 Indian tribe would be equally or better 

23 served by making a grant directly than a 

24 grant made to the State in which the low25 income members reside.’’; 


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1 (2) in paragraph (2)— 

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

3 ‘‘ADMINISTRATION.—The amounts’’; 

4 (B) by striking ‘‘on the basis of his deter5 mination’’; 

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

7 a determination has been made’’ and inserting 

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

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

10 Secretary’’; and 

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

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

13 SEC. 204. APPRAISALS. 

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

15 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add16 ing at the end the following: 

17 ‘‘SEC. 2607. APPRAISALS. 

18 ‘‘(a) IN GENERAL.—For any transaction that re19 quires approval of the Secretary and involves mineral or 

20 energy resources held in trust by the United States for 

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

22 to Federal restrictions against alienation, any appraisal 

23 relating to fair market value of those resources required 

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

25 ‘‘(1) the Secretary; 


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

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

3 to a contract with the Indian tribe. 

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

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

6 receives an appraisal prepared by or for an Indian tribe 

7 under paragraph (2) or (3) of subsection (a), the Sec8 retary shall— 

9 ‘‘(1) review the appraisal; and 

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

11 determines that the appraisal fails to meet the 

12 standards set forth in regulations promulgated 

13 under subsection (d). 

14 ‘‘(c) NOTICE OF DISAPPROVAL.—If the Secretary de15 termines that an appraisal submitted for approval under 

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

17 give written notice of the disapproval to the Indian tribe 

18 and a description of— 

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

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

21 otherwise cured to meet the applicable standards set 

22 forth in the regulations promulgated under sub23 section (d). 

24 ‘‘(d) REGULATIONS.—The Secretary shall promul25 gate regulations to carry out this section, including standVerDate Mar 15 2010 03:07 Mar 19, 2014 Jkt 039200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.IS S2132

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1 ards the Secretary shall use for approving or disapproving 

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

3 SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NA4 TION. 

5 (a) IN GENERAL.—Subsection (e)(1) of the first sec6 tion of the Act of August 9, 1955 (commonly known as 

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

8 amended— 

9 (1) by striking ‘‘, except a lease for’’ and insert10 ing ‘‘, including a lease for’’; 

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

12 the following: 

13 ‘‘(A) in the case of a business or agricul14 tural lease, 99 years;’’; 

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

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

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

18 ‘‘(C) in the case of a lease for the explo19 ration, development, or extraction of any min20 eral resource (including geothermal resources), 

21 25 years, except that— 

22 ‘‘(i) any such lease may include an op23 tion to renew for 1 additional term of not 

24 to exceed 25 years; and 


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1 ‘‘(ii) any such lease for the explo2 ration, development, or extraction of an oil 

3 or gas resource shall be for a term of not 

4 to exceed 10 years, plus such additional 

5 period as the Navajo Nation determines to 

6 be appropriate in any case in which an oil 

7 or gas resource is produced in a paying 

8 quantity.’’. 

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

10 date of enactment of this Act, the Comptroller General 

11 of the United States shall prepare and submit to Congress 

12 a report describing the progress made in carrying out the 

13 amendment made by subsection (a)(4). 

Æ 


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