II 

Calendar No. 501 

113TH CONGRESS 

2D SESSION S. 2132 

[Report No. 113–224] 

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, Mr. 

ENZI, Ms. MURKOWSKI, Mr. MORAN, Mr. WALSH, Mr. TESTER, Mrs. 

FISCHER, and Mr. UDALL of Colorado) introduced the following bill; 

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

JULY 30, 2014 

Reported by Mr. TESTER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 2132 RS

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 2014’’. 

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. 

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)— 

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

17 ‘‘and’’ after the semicolon; 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•S 2132 RS

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

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

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

4 ‘‘(E) consult with each applicable Indian 

5 tribe before adopting or approving a well spac6 ing program or plan applicable to the energy re7 sources of that Indian tribe or the members of 

8 that Indian tribe.’’; and 

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

10 ‘‘(4) PLANNING.— 

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

12 program established by paragraph (1), the Sec13 retary shall provide technical assistance to in14 terested Indian tribes to develop energy plans, 

15 including— 

16 ‘‘(i) plans for electrification; 

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

18 renewable energy permitting, energy effi19 ciency, electricity generation, transmission 

20 planning, water planning, and other plan21 ning relating to energy issues; 

22 ‘‘(iii) plans for the development of en23 ergy resources and to ensure the protection 

24 of natural, historic, and cultural resources; 

25 and 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•S 2132 RS

1 ‘‘(iv) any other plans that would as2 sist an Indian tribe in the development or 

3 use of energy resources. 

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

5 program under paragraph (1), the Secretary 

6 shall work in cooperation with the Office of In7 dian Energy Policy and Programs of the De8 partment of Energy.’’. 

9 (b) DEPARTMENT OF ENERGY INDIAN ENERGY EDU10 CATION PLANNING AND MANAGEMENT ASSISTANCE PRO11 GRAM.—Section 2602(b)(2) of the Energy Policy Act of 

12 1992 (25 U.S.C. 3502(b)(2)) is amended— 

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

14 by inserting ‘‘, intertribal organization,’’ after ‘‘In15 dian tribe’’; 

16 (2) by redesignating subparagraphs (C) and 

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

18 (3) by inserting after subparagraph (B) the fol19 lowing: 

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

21 Indian tribes to manage energy development 

22 and energy efficiency programs;’’. 

23 (c) DEPARTMENT OF ENERGY LOAN GUARANTEE

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

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


smartinez on DSK4TPTVN1PROD with BILLS
5 

•S 2132 RS

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

2 energy development organization’’ after ‘‘Indian 

3 tribe’’; 

4 (2) in paragraph (3)— 

5 (A) in the matter preceding subparagraph 

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

7 ‘‘guaranteed’’; 

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

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

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

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

12 ‘‘(C) a tribal energy development organiza13 tion, from funds of the tribal energy develop14 ment organization.’’; and 

15 (3) in paragraph (5), by striking ‘‘The Sec16 retary of Energy may’’ and inserting ‘‘Not later 

17 than 1 year after the date of enactment of the In18 dian Tribal Energy Development and Self-Deter19 mination Act Amendments of 2014, the Secretary of 

20 Energy shall’’. 

21 SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULA22 TION. 

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

24 U.S.C. 3503(c)) is amended— 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•S 2132 RS

1 (1) in paragraph (1), by striking ‘‘on the re2 quest of an Indian tribe, the Indian tribe’’ and in3 serting ‘‘on the request of an Indian tribe or a tribal 

4 energy development organization, the Indian tribe or 

5 tribal energy development organization’’; and 

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

7 energy development organization’’ after ‘‘Indian 

8 tribe’’. 

9 SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS. 

10 (a) AMENDMENT.—Section 2604 of the Energy Pol11 icy Act of 1992 (25 U.S.C. 3504) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1)— 

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

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

16 (ii) in subparagraph (B)— 

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

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

20 transmission, or distribution facility (in21 cluding a facility that produces electricity 

22 from renewable energy resources) located 

23 on tribal land; or’’; and 

24 (II) in clause (ii)— 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•S 2132 RS

1 (aa) by inserting ‘‘, at least 

2 a portion of which have been’’ 

3 after ‘‘energy resources’’; 

4 (bb) by inserting ‘‘or pro5 duced from’’ after ‘‘developed 

6 on’’; and 

7 (cc) by striking ‘‘and’’ after 

8 the semicolon at the end and in9 serting ‘‘or’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(C) pooling, unitization, or 

13 communitization of the energy mineral re14 sources of the Indian tribe located on tribal 

15 land with any other energy mineral resource 

16 (including energy mineral resources owned by 

17 the Indian tribe or an individual Indian in fee, 

18 trust, or restricted status or by any other per19 sons or entities) if the owner of the resources 

20 has consented or consents to the pooling, unit21 ization, or communitization of the other re22 sources under any lease or agreement; and’’; 

23 and 

24 (B) by striking paragraph (2) and insert25 ing the following: 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•S 2132 RS

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

2 paragraph (1) shall not require review by, or the ap3 proval of, the Secretary under section 2103 of the 

4 Revised Statutes (25 U.S.C. 81), or any other provi5 sion of law, if the lease or business agreement— 

6 ‘‘(A) was executed— 

7 ‘‘(i) in accordance with the require8 ments of a tribal energy resource agree9 ment in effect under subsection (e) (includ10 ing the periodic review and evaluation of 

11 the activities of the Indian tribe under the 

12 agreement, to be conducted pursuant to 

13 subparagraphs (D) and (E) of subsection 

14 (e)(2)); or 

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

16 energy development organization— 

17 ‘‘(I) for which the Indian tribe 

18 has obtained certification pursuant to 

19 subsection (h); and 

20 ‘‘(II) the majority of the interest 

21 in which is, and continues to be 

22 throughout the full term or renewal 

23 term (if any) of the lease or business 

24 agreement, owned and controlled by 

25 the Indian tribe (or the Indian tribe 


smartinez on DSK4TPTVN1PROD with BILLS
9 

•S 2132 RS

1 and 1 or more other Indian tribes); 

2 and 

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

4 ‘‘(i) 30 years; or 

5 ‘‘(ii) in the case of a lease for the pro6 duction of oil resources, gas resources, or 

7 both, 10 years and as long thereafter as oil 

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

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

10 following: 

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

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

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

14 ‘‘(1) serves— 

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

16 transmission, or distribution facility (including 

17 a facility that produces electricity from renew18 able energy resources) located on tribal land; 

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

20 extracts, produces, processes, or refines energy 

21 resources; or 

22 ‘‘(C) the purposes, or facilitates in car23 rying out the purposes, of any lease or agree24 ment entered into for energy resource develop25 ment on tribal land; and 


smartinez on DSK4TPTVN1PROD with BILLS
10 

•S 2132 RS

1 ‘‘(2) was executed— 

2 ‘‘(A) in accordance with the requirements 

3 of a tribal energy resource agreement in effect 

4 under subsection (e) (including the periodic re5 view and evaluation of the activities of the In6 dian tribe under the agreement, to be conducted 

7 pursuant to subparagraphs (D) and (E) of sub8 section (e)(2)); or 

9 ‘‘(B) by the Indian tribe and a tribal en10 ergy development organization— 

11 ‘‘(i) for which the Indian tribe has ob12 tained certification pursuant to subsection 

13 (h); and 

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

15 which is, and continues to be throughout 

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

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

18 the Indian tribe (or the Indian tribe and 1 

19 or more other Indian tribes); and 

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

21 years.’’; 

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

23 following: 

24 ‘‘(d) VALIDITY.—No lease or business agreement en25 tered into, or right-of-way granted, pursuant to this secVerDate Mar 15 2010 23:37 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S2132.RS S2132

smartinez on DSK4TPTVN1PROD with BILLS
11 

•S 2132 RS

1 tion shall be valid unless the lease, business agreement, 

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

3 (4) in subsection (e)— 

4 (A) in paragraph (2)— 

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

6 follows through the end of subparagraph 

7 (A) and inserting the following: 

8 ‘‘(2) PROCEDURE.— 

9 ‘‘(A) EFFECTIVE DATE.— 

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

11 is 271 days after the date on which the 

12 Secretary receives a tribal energy resource 

13 agreement from an Indian tribe under 

14 paragraph (1), the tribal energy resource 

15 agreement shall take effect, unless the Sec16 retary disapproves the tribal energy re17 source agreement under subparagraph (B). 

18 ‘‘(ii) REVISED TRIBAL ENERGY RE19 SOURCE AGREEMENT.—On the date that is 

20 91 days after the date on which the Sec21 retary receives a revised tribal energy re22 source agreement from an Indian tribe 

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

24 energy resource agreement shall take ef25 fect, unless the Secretary disapproves the 


smartinez on DSK4TPTVN1PROD with BILLS
12 

•S 2132 RS

1 revised tribal energy resource agreement 

2 under subparagraph (B).’’; 

3 (ii) in subparagraph (B)— 

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

5 follows through ‘‘if—’’ and inserting 

6 the following: 

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

8 disapprove a tribal energy resource agreement 

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

10 only if—’’; 

11 (II) by striking clause (i) and in12 serting the following: 

13 ‘‘(i) the Secretary determines that the 

14 Indian tribe has not demonstrated that the 

15 Indian tribe has sufficient capacity to reg16 ulate the development of the specific 1 or 

17 more energy resources identified for devel18 opment under the tribal energy resource 

19 agreement submitted by the Indian tribe;’’; 

20 (III) by redesignating clause (iii) 

21 as clause (iv) and indenting appro22 priately; 

23 (IV) by striking clause (ii) and 

24 inserting the following: 


smartinez on DSK4TPTVN1PROD with BILLS
13 

•S 2132 RS

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

2 resource agreement would violate applica3 ble Federal law (including regulations) or 

4 a treaty applicable to the Indian tribe; 

5 ‘‘(iii) the tribal energy resource agree6 ment does not include 1 or more provisions 

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

8 (V) in clause (iv) (as redesig9 nated by subclause (III))— 

10 (aa) in the matter preceding 

11 subclause (I), by striking ‘‘in12 cludes’’ and all that follows 

13 through ‘‘section—’’ and insert14 ing ‘‘does not include provisions 

15 that, with respect to any lease, 

16 business agreement, or right-of17 way to which the tribal energy 

18 resource agreement applies—’’; 

19 and 

20 (bb) in subclause (XVI)(bb), 

21 by striking ‘‘or tribal’’; 

22 (iii) in subparagraph (C)— 

23 (I) in the matter preceding clause 

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

25 after ‘‘with respect to’’; 


smartinez on DSK4TPTVN1PROD with BILLS
14 

•S 2132 RS

1 (II) by striking clause (ii) and in2 serting the following: 

3 ‘‘(ii) the identification of mitigation 

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

5 the Indian tribe, the Indian tribe might 

6 propose for incorporation into the lease, 

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

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

9 ‘‘proposed action’’ and inserting ‘‘ap10 proval of the lease, business agree11 ment, or right-of-way’’; 

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

13 ‘‘and’’ at the end; 

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

15 period at the end and inserting ‘‘; 

16 and’’; and 

17 (VI) by adding at the end the fol18 lowing: 

19 ‘‘(vi) the identification of specific 

20 classes or categories of actions, if any, de21 termined by the Indian tribe not to have 

22 significant environmental effects.’’; 

23 (iv) in subparagraph (D)(ii), by strik24 ing ‘‘subparagraph (B)(iii)(XVI)’’ and in25 serting ‘‘subparagraph (B)(iv)(XV)’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
15 

•S 2132 RS

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

2 ‘‘(F) A tribal energy resource agreement 

3 that takes effect pursuant to this subsection 

4 shall remain in effect to the extent any provi5 sion of the tribal energy resource agreement is 

6 consistent with applicable Federal law (includ7 ing regulations), unless the tribal energy re8 source agreement is— 

9 ‘‘(i) rescinded by the Secretary pursu10 ant to paragraph (7)(D)(iii)(II); or 

11 ‘‘(ii) voluntarily rescinded by the In12 dian tribe pursuant to the regulations pro13 mulgated under paragraph (8)(B) (or suc14 cessor regulations). 

15 ‘‘(G)(i) The Secretary shall make a capac16 ity determination under subparagraph (B)(i) 

17 not later than 120 days after the date on which 

18 the Indian tribe submits to the Secretary the 

19 tribal energy resource agreement of the Indian 

20 tribe pursuant to paragraph (1), unless the Sec21 retary and the Indian tribe mutually agree to 

22 an extension of the time period for making the 

23 determination. 

24 ‘‘(ii) Any determination that the Indian 

25 tribe lacks the requisite capacity shall be treatVerDate Mar 15 2010 23:37 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S2132.RS S2132

smartinez on DSK4TPTVN1PROD with BILLS
16 

•S 2132 RS

1 ed as a disapproval under paragraph (4) and, 

2 not later than 10 days after the date of the de3 termination, the Secretary shall provide to the 

4 Indian tribe— 

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

6 each reason for the determination; and 

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

8 the Indian tribe should take to dem9 onstrate sufficient capacity. 

10 ‘‘(H) Notwithstanding any other provision 

11 of this section, an Indian tribe shall be consid12 ered to have demonstrated sufficient capacity 

13 under subparagraph (B)(i) to regulate the de14 velopment of the specific 1 or more energy re15 sources of the Indian tribe identified for devel16 opment under the tribal energy resource agree17 ment submitted by the Indian tribe pursuant to 

18 paragraph (1) if— 

19 ‘‘(i) the Secretary determines that— 

20 ‘‘(I) the Indian tribe has carried 

21 out a contract or compact under title 

22 I or IV of the Indian Self-Determina23 tion and Education Assistance Act 

24 (25 U.S.C. 450 et seq.); and 


smartinez on DSK4TPTVN1PROD with BILLS
17 

•S 2132 RS

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

2 3 consecutive years ending on the date 

3 on which the Indian tribe submits the 

4 tribal energy resource agreement of 

5 the Indian tribe pursuant to para6 graph (1) or (4)(B), the contract or 

7 compact— 

8 ‘‘(aa) has been carried out 

9 by the Indian tribe without mate10 rial audit exceptions (or without 

11 any material audit exceptions 

12 that were not corrected within 

13 the 3-year period); and 

14 ‘‘(bb) has included programs 

15 or activities relating to the man16 agement of tribal land; or 

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

18 determination within the time allowed 

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

20 extension of time agreed to under that sub21 paragraph).’’; 

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

23 disapproval’’ and all that follows through the 

24 end of subparagraph (C) and inserting the folVerDate Mar 15 2010 23:37 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\S2132.RS S2132

smartinez on DSK4TPTVN1PROD with BILLS
18 

•S 2132 RS

1 lowing: ‘‘date of disapproval, provide the Indian 

2 tribe with— 

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

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

5 and 

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

7 tribal energy resource agreement necessary 

8 to address each reason; and 

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

10 the tribal energy resource agreement.’’; 

11 (C) in paragraph (6)— 

12 (i) in subparagraph (B)— 

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

14 and inserting the following: 

15 ‘‘(B) Subject only to’’; and 

16 (II) by striking ‘‘subparagraph 

17 (D)’’ and inserting ‘‘subparagraphs 

18 (C) and (D)’’; 

19 (ii) in subparagraph (C), in the mat20 ter preceding clause (i), by inserting ‘‘to 

21 perform the obligations of the Secretary 

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

23 and 

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

25 at the end the following: 


smartinez on DSK4TPTVN1PROD with BILLS
19 

•S 2132 RS

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

2 limits, or otherwise affects the liability, if 

3 any, of the United States for any— 

4 ‘‘(I) term of any lease, business 

5 agreement, or right-of-way under this 

6 section that is not a negotiated term; 

7 or 

8 ‘‘(II) losses that are not the re9 sult of a negotiated term, including 

10 losses resulting from the failure of the 

11 Secretary to perform an obligation of 

12 the Secretary under this section.’’; 

13 and 

14 (D) in paragraph (7)— 

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

16 ‘‘has demonstrated’’ and inserting ‘‘the 

17 Secretary determines has demonstrated 

18 with substantial evidence’’; 

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

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

21 remedies (if any) provided under the laws 

22 of the Indian tribe’’; 

23 (iii) in subparagraph (D)— 

24 (I) in clause (i), by striking ‘‘de25 termine’’ and all that follows through 


smartinez on DSK4TPTVN1PROD with BILLS
20 

•S 2132 RS

1 the end of the clause and inserting the 

2 following: ‘‘determine— 

3 ‘‘(I) whether the petitioner is an 

4 interested party; and 

5 ‘‘(II) if the petitioner is an inter6 ested party, whether the Indian tribe 

7 is not in compliance with the tribal 

8 energy resource agreement as alleged 

9 in the petition.’’; 

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

11 ‘‘determination’’ and inserting ‘‘deter12 minations’’; and 

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

14 preceding subclause (I) by striking 

15 ‘‘agreement’’ the first place it appears 

16 and all that follows through ‘‘, includ17 ing’’ and inserting ‘‘agreement pursu18 ant to clause (i), the Secretary shall 

19 only take such action as the Secretary 

20 determines necessary to address the 

21 claims of noncompliance made in the 

22 petition, including’’; 

23 (iv) in subparagraph (E)(i), by strik24 ing ‘‘the manner in which’’ and inserting 


smartinez on DSK4TPTVN1PROD with BILLS
21 

•S 2132 RS

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

2 petition, how’’; and 

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

4 ‘‘(G) Notwithstanding any other provision 

5 of this paragraph, the Secretary shall dismiss 

6 any petition from an interested party that has 

7 agreed with the Indian tribe to a resolution of 

8 the claims presented in the petition of that 

9 party.’’; 

10 (5) by redesignating subsection (g) as sub11 section (j); and 

12 (6) by inserting after subsection (f) the fol13 lowing: 

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

15 BY THE SECRETARY.— 

16 ‘‘(1) IN GENERAL.—Any amounts that the Sec17 retary would otherwise expend to operate or carry 

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

19 any portion of a program, function, service, or activ20 ity) of the Department that, as a result of an Indian 

21 tribe carrying out activities under a tribal energy re22 source agreement, the Secretary does not expend, 

23 the Secretary shall, at the request of the Indian 

24 tribe, make available to the Indian tribe in accord25 ance with this subsection. 


smartinez on DSK4TPTVN1PROD with BILLS
22 

•S 2132 RS

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

2 Secretary shall make the amounts described in para3 graph (1) available to an Indian tribe through an 

4 annual written funding agreement that is negotiated 

5 and entered into with the Indian tribe that is sepa6 rate from the tribal energy resource agreement. 

7 ‘‘(3) EFFECT OF APPROPRIATIONS.—Notwith8 standing paragraph (1)— 

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

10 tribe under this subsection is subject to the 

11 availability of appropriations; and 

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

13 reduce amounts for programs, functions, serv14 ices, or activities that serve any other Indian 

15 tribe to make amounts available to an Indian 

16 tribe under this subsection. 

17 ‘‘(4) DETERMINATION.— 

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

19 calculate the amounts under paragraph (1) in 

20 accordance with the regulations adopted under 

21 section 103(b) of the Indian Tribal Energy De22 velopment and Self-Determination Act Amend23 ments of 2014. 

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

25 or implementation of a tribal energy resource 


smartinez on DSK4TPTVN1PROD with BILLS
23 

•S 2132 RS

1 agreement under this section shall not be de2 layed or otherwise affected by— 

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

4 regulations under section 103(b) of the In5 dian Tribal Energy Development and Self6 Determination Act Amendments of 2014; 

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

8 Secretary to make the calculation required 

9 under paragraph (1); or 

10 ‘‘(iii) the adoption of a funding agree11 ment under paragraph (2). 

12 ‘‘(h) CERTIFICATION OF TRIBAL ENERGY DEVELOP13 MENT ORGANIZATION.— 

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

15 after the date on which an Indian tribe submits an 

16 application for certification of a tribal energy devel17 opment organization in accordance with regulations 

18 promulgated under section 103(b) of the Indian 

19 Tribal Energy Development and Self-Determination 

20 Act Amendments of 2014, the Secretary shall ap21 prove or disapprove the application. 

22 ‘‘(2) REQUIREMENTS.—The Secretary shall ap23 prove an application for certification if— 

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

25 contract or compact under title I or IV of the 


smartinez on DSK4TPTVN1PROD with BILLS
24 

•S 2132 RS

1 Indian Self-Determination and Education As2 sistance Act (25 U.S.C. 450 et seq.); and 

3 ‘‘(ii) for a period of not less than 3 con4 secutive years ending on the date on which the 

5 Indian tribe submits the application, the con6 tract or compact— 

7 ‘‘(I) has been carried out by the In8 dian tribe without material audit excep9 tions (or without any material audit excep10 tions that were not corrected within the 3- 

11 year period); and 

12 ‘‘(II) has included programs or activi13 ties relating to the management of tribal 

14 land; and 

15 ‘‘(B)(i) the tribal energy development orga16 nization is organized under the laws of the In17 dian tribe and subject to the jurisdiction and 

18 authority of the Indian tribe; 

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

20 tribal energy development organization is owned 

21 and controlled by the Indian tribe (or the In22 dian tribe and 1 or more other Indian tribes); 

23 and 

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

25 energy development organization requires that 


smartinez on DSK4TPTVN1PROD with BILLS
25 

•S 2132 RS

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

2 more other Indian tribes) own and control at all 

3 times a majority of the interest in the tribal en4 ergy development organization. 

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

6 approves an application for certification pursuant to 

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

8 days after making the determination— 

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

10 ‘‘(i) the tribal energy development or11 ganization is organized under the laws of 

12 the Indian tribe and subject to the juris13 diction and authority of the Indian tribe; 

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

15 the tribal energy development organization 

16 is owned and controlled by the Indian tribe 

17 (or the Indian tribe and 1 or more other 

18 Indian tribes); 

19 ‘‘(iii) the organizing document of the 

20 tribal energy development organization re21 quires that the Indian tribe (or the Indian 

22 tribe and 1 or more other Indian tribes) 

23 own and control at all times a majority of 

24 the interest in the tribal energy develop25 ment organization; and 


smartinez on DSK4TPTVN1PROD with BILLS
26 

•S 2132 RS

1 ‘‘(iv) the certification is issued pursu2 ant this subsection; 

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

4 the Indian tribe; and 

5 ‘‘(C) publish the certification in the Fed6 eral Register. 

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

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

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

10 date of enactment of the Indian Tribal Energy Develop11 ment and Self-Determination Act Amendments of 2014, 

12 the Secretary shall promulgate or update any regulations 

13 that are necessary to implement this section, including 

14 provisions to implement— 

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

16 1992 (25 U.S.C. 3504(g)) including the manner in 

17 which the Secretary, at the request of an Indian 

18 tribe, shall— 

19 (A) identify the programs, functions, serv20 ices, and activities (or any portions of pro21 grams, functions, services, or activities) that the 

22 Secretary will not have to operate or carry out 

23 as a result of the Indian tribe carrying out ac24 tivities under a tribal energy resource agree25 ment; 


smartinez on DSK4TPTVN1PROD with BILLS
27 

•S 2132 RS

1 (B) identify the amounts that the Sec2 retary would have otherwise expended to oper3 ate or carry out each program, function, serv4 ice, and activity (or any portion of a program, 

5 function, service, or activity) identified pursu6 ant to subparagraph (A); and 

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

8 programs, functions, services, and activities (or 

9 any portions of programs, functions, services, or 

10 activities) identified pursuant subparagraph (A) 

11 and the amounts associated with each program, 

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

13 a program, function, service, or activity) identi14 fied pursuant to subparagraph (B); and 

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

16 1992 (25 U.S.C. 3504(h)), including the process to 

17 be followed by, and any applicable criteria and docu18 mentation required for, an Indian tribe to request 

19 and obtain the certification described in that section. 

20 SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 

21 GOVERNMENTS. 

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

23 (25 U.S.C. 3502(b)) is amended— 

24 (1) by redesignating paragraphs (3) through 

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


smartinez on DSK4TPTVN1PROD with BILLS
28 

•S 2132 RS

1 (2) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) TECHNICAL AND SCIENTIFIC RE4 SOURCES.—In addition to providing grants to Indian 

5 tribes under this subsection, the Secretary shall col6 laborate with the Directors of the National Labora7 tories in making the full array of technical and sci8 entific resources of the Department of Energy avail9 able for tribal energy activities and projects.’’. 

10 SEC. 105. CONFORMING AMENDMENTS. 

11 (a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT

12 ORGANIZATION.—Section 2601 of the Energy Policy Act 

13 of 1992 (25 U.S.C. 3501) is amended by striking para14 graph (11) and inserting the following: 

15 ‘‘(11) The term ‘tribal energy development or16 ganization’ means— 

17 ‘‘(A) any enterprise, partnership, consor18 tium, corporation, or other type of business or19 ganization that is engaged in the development 

20 of energy resources and is wholly owned by an 

21 Indian tribe (including an organization incor22 porated pursuant to section 17 of the Indian 

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

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


smartinez on DSK4TPTVN1PROD with BILLS
29 

•S 2132 RS

1 U.S.C. 503) (commonly known as the ‘Okla2 homa Indian Welfare Act’)); or 

3 ‘‘(B) any organization of 2 or more enti4 ties, at least 1 of which is an Indian tribe, that 

5 has the written consent of the governing bodies 

6 of all Indian tribes participating in the organi7 zation to apply for a grant, loan, or other as8 sistance under section 2602 or to enter into a 

9 lease or business agreement with, or acquire a 

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

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

12 2604.’’. 

13 (b) INDIAN TRIBAL ENERGY RESOURCE DEVELOP14 MENT.—Section 2602 of the Energy Policy Act of 1992 

15 (25 U.S.C. 3502) is amended— 

16 (1) in subsection (a)— 

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

18 energy resource development organizations’’ 

19 and inserting ‘‘tribal energy development orga20 nizations’’; and 

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

22 energy resource development organizations’’ 

23 each place it appears and inserting ‘‘tribal en24 ergy development organizations’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
30 

•S 2132 RS

1 (2) in subsection (b)(2), by striking ‘‘tribal en2 ergy resource development organization’’ and insert3 ing ‘‘tribal energy development organization’’. 

4 (c) WIND AND HYDROPOWER FEASIBILITY STUDY.— 

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

6 U.S.C. 3506(c)(3)) is amended by striking ‘‘energy re7 source development’’ and inserting ‘‘energy development’’. 

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

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

10 amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘(1) On the date’’ and in13 serting the following: 

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

15 (B) by striking ‘‘for approval’’; 

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

17 section 4(a)(4)(A)(ii)(III))— 

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

19 after the semicolon at the end; 

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

21 (C) by redesignating subclause (XVI) as 

22 subclause (XV); 

23 (3) in paragraph (3)— 

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

25 inserting the following: 


smartinez on DSK4TPTVN1PROD with BILLS
31 

•S 2132 RS

1 ‘‘(3) NOTICE AND COMMENT; SECRETARIAL RE2 VIEW.—The Secretary’’; and 

3 (B) by striking ‘‘for approval’’; 

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

5 Secretary’’ and inserting the following: 

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

7 Secretary’’; 

8 (5) in paragraph (5)— 

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

10 and inserting the following: 

11 ‘‘(5) PROVISION OF DOCUMENTS TO SEC12 RETARY.—If an Indian tribe’’; and 

13 (B) in the matter preceding subparagraph 

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

15 effect’’; 

16 (6) in paragraph (6)— 

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

18 and inserting the following: 

19 ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT

20 OF SECTION.— 

21 ‘‘(A) In carrying out’’; 

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

23 clauses (i) and (ii) appropriately; 

24 (C) in subparagraph (B), by striking ‘‘ap25 proved’’ and inserting ‘‘in effect’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
32 

•S 2132 RS

1 (D) in subparagraph (D)— 

2 (i) in clause (i), by striking ‘‘an ap3 proved tribal energy resource agreement’’ 

4 and inserting ‘‘a tribal energy resource 

5 agreement in effect under this section’’; 

6 and 

7 (ii) in clause (ii), by striking ‘‘ap8 proved by the Secretary’’ and inserting ‘‘in 

9 effect’’; and 

10 (7) in paragraph (7)— 

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

12 and inserting the following: 

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

14 ‘‘(A) In this paragraph’’; 

15 (B) in subparagraph (A), by striking ‘‘ap16 proved by the Secretary’’ and inserting ‘‘in ef17 fect’’; 

18 (C) in subparagraph (B), by striking ‘‘ap19 proved by the Secretary’’ and inserting ‘‘in ef20 fect’’; and 

21 (D) in subparagraph (D)(iii)— 

22 (i) in subclause (I), by striking ‘‘ap23 proved’’; and 

24 (ii) in subclause (II)— 


smartinez on DSK4TPTVN1PROD with BILLS
33 

•S 2132 RS

1 (I) by striking ‘‘approval of’’ in 

2 the first place it appears; and 

3 (II) by striking ‘‘subsection (a) 

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

5 (a)(2)(A)(i) or (b)(2)(A)’’. 

6 TITLE II—MISCELLANEOUS 

7 AMENDMENTS 

8 SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LI9 CENSES. 

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

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

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

13 and municipalities’’. 

14 (b) APPLICABILITY.—The amendment made by sub15 section (a) shall not affect— 

16 (1) any preliminary permit or original license 

17 issued before the date of enactment of the Indian 

18 Tribal Energy Development and Self-Determination 

19 Act Amendments of 2014; or 

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

21 Commission has issued a notice accepting that appli22 cation for filing pursuant to section 4.32(d) of title 

23 18, Code of Federal Regulations (or successor regu24 lations), before the date of enactment of the Indian 


smartinez on DSK4TPTVN1PROD with BILLS
34 

•S 2132 RS

1 Tribal Energy Development and Self-Determination 

2 Act Amendments of 2014. 

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

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

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

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

7 Self-Determination and Education Assistance Act (25 

8 U.S.C. 450b). 

9 SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

10 (a) PURPOSE.—The purpose of this section is to es11 tablish a biomass demonstration project for federally rec12 ognized Indian tribes and Alaska Native corporations to 

13 promote biomass energy production. 

14 (b) TRIBAL BIOMASS DEMONSTRATION PROJECT.— 

15 The Tribal Forest Protection Act of 2004 (Public Law 

16 108–278; 118 Stat. 868) is amended— 

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

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

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

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

21 ‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREE22 MENTS.—For each of fiscal years 2015 through 2019, the 

23 Secretary shall enter into stewardship contracts or similar 

24 agreements (excluding direct service contracts) with In25 dian tribes to carry out demonstration projects to promote 


smartinez on DSK4TPTVN1PROD with BILLS
35 

•S 2132 RS

1 biomass energy production (including biofuel, heat, and 

2 electricity generation) on Indian forest land and in nearby 

3 communities by providing reliable supplies of woody bio4 mass from Federal land. 

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

6 year for which projects are authorized, at least 4 new dem7 onstration projects that meet the eligibility criteria de8 scribed in subsection (c) shall be carried out under con9 tracts or agreements described in subsection (a). 

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

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

12 tribe shall submit to the Secretary an application— 

13 ‘‘(1) containing such information as the Sec14 retary may require; and 

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

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

17 under the jurisdiction of the Indian tribe; and 

18 ‘‘(B) the demonstration project proposed 

19 to be carried out by the Indian tribe. 

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

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

22 ‘‘(1) take into consideration— 

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

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

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


smartinez on DSK4TPTVN1PROD with BILLS
36 

•S 2132 RS

1 ‘‘(i) increase the availability or reli2 ability of local or regional energy; 

3 ‘‘(ii) enhance the economic develop4 ment of the Indian tribe; 

5 ‘‘(iii) result in or improve the connec6 tion of electric power transmission facilities 

7 serving the Indian tribe with other electric 

8 transmission facilities; 

9 ‘‘(iv) improve the forest health or wa10 tersheds of Federal land or Indian forest 

11 land or rangeland; 

12 ‘‘(v) demonstrate new investments in 

13 infrastructure; or 

14 ‘‘(vi) otherwise promote the use of 

15 woody biomass; and 

16 ‘‘(2) exclude from consideration any merchant17 able logs that have been identified by the Secretary 

18 for commercial sale. 

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

20 ‘‘(1) ensure that the criteria described in sub21 section (c) are publicly available by not later than 

22 120 days after the date of enactment of this section; 

23 and 

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

25 with Indian tribes and appropriate intertribal orgaVerDate Mar 15 2010 23:37 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6401 E:\BILLS\S2132.RS S2132

smartinez on DSK4TPTVN1PROD with BILLS
37 

•S 2132 RS

1 nizations likely to be affected in developing the ap2 plication and otherwise carrying out this section. 

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

4 the Secretary shall submit to Congress a report that de5 scribes, with respect to the reporting period— 

6 ‘‘(1) each individual tribal application received 

7 under this section; and 

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

9 pursuant to this section. 

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

11 carrying out a contract or agreement under this section, 

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

13 shall incorporate into the contract or agreement, to the 

14 maximum extent practicable, management plans (includ15 ing forest management and integrated resource manage16 ment plans) in effect on the Indian forest land or range17 land of the respective Indian tribe. 

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

19 under this section— 

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

21 years; and 

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

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

24 (c) ALASKA NATIVE CORPORATION BIOMASS DEM25 ONSTRATION PROJECT.— 


smartinez on DSK4TPTVN1PROD with BILLS
38 

•S 2132 RS

1 (1) DEFINITIONS.—In this subsection: 

2 (A) ALASKA NATIVE CORPORATION.—The 

3 term ‘‘Alaska Native corporation’’ has the 

4 meaning given the term ‘‘Native Corporation’’ 

5 in section 3 of the Alaska Native Claims Settle6 ment Act (43 U.S.C. 1602). 

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

8 land’’ means— 

9 (i) land of the National Forest System 

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

11 and Rangeland Renewable Resources Plan12 ning Act of 1974 (16 U.S.C. 1609(a))) ad13 ministered by the Secretary of Agriculture, 

14 acting through the Chief of the Forest 

15 Service; and 

16 (ii) public lands (as defined in section 

17 103 of the Federal Land Policy Manage18 ment Act of 1976 (43 U.S.C. 1702)), the 

19 surface of which is administered by the 

20 Secretary of the Interior, acting through 

21 the Director of the Bureau of Land Man22 agement. 

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

24 land’’ means land that— 


smartinez on DSK4TPTVN1PROD with BILLS
39 

•S 2132 RS

1 (i) is conveyed to an Alaska Native 

2 corporation pursuant to the Alaska Native 

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

4 seq.); and 

5 (ii)(I) is considered chiefly valuable 

6 for the production of forest products or to 

7 maintain watershed or other land values 

8 enhanced by a forest cover (including com9 mercial and noncommercial timberland and 

10 woodland), regardless of whether a formal 

11 inspection and land classification action 

12 has been taken; or 

13 (II) formerly had a forest or vegeta14 tive cover that is capable of restoration. 

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

16 means— 

17 (i) the Secretary of Agriculture, with 

18 respect to land under the jurisdiction of 

19 the Forest Service; and 

20 (ii) the Secretary of the Interior, with 

21 respect to land under the jurisdiction of 

22 the Bureau of Land Management. 

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

24 2015 through 2019, the Secretary shall enter into a 

25 stewardship contract or similar agreement (excluding 


smartinez on DSK4TPTVN1PROD with BILLS
40 

•S 2132 RS

1 a direct service contract) with 1 or more Alaska Na2 tive corporations to carry out a demonstration 

3 project to promote biomass energy production (in4 cluding biofuel, heat, and electricity generation) on 

5 forest land of the Alaska Native corporations and in 

6 nearby communities by providing reliable supplies of 

7 woody biomass from Federal land. 

8 (3) DEMONSTRATION PROJECTS.—In each fiscal 

9 year for which projects are authorized, at least 1 

10 new demonstration project that meets the eligibility 

11 criteria described in paragraph (4) shall be carried 

12 out under contracts or agreements described in 

13 paragraph (2). 

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

15 enter into a contract or agreement under this sub16 section, an Alaska Native corporation shall submit 

17 to the Secretary an application— 

18 (A) containing such information as the 

19 Secretary may require; and 

20 (B) that includes a description of— 

21 (i) the forest land or rangeland under 

22 the jurisdiction of the Alaska Native cor23 poration; and 


smartinez on DSK4TPTVN1PROD with BILLS
41 

•S 2132 RS

1 (ii) the demonstration project pro2 posed to be carried out by the Alaska Na3 tive corporation. 

4 (5) SELECTION.—In evaluating the applications 

5 submitted under paragraph (4), the Secretary 

6 shall— 

7 (A) take into consideration whether a pro8 posed project would— 

9 (i) increase the availability or reli10 ability of local or regional energy; 

11 (ii) enhance the economic development 

12 of the Alaska Native corporation; 

13 (iii) result in or improve the connec14 tion of electric power transmission facilities 

15 serving the Alaska Native corporation with 

16 other electric transmission facilities; 

17 (iv) improve the forest health or wa18 tersheds of Federal land or Alaska Native 

19 corporation forest land or rangeland; 

20 (v) demonstrate new investments in 

21 infrastructure; or 

22 (vi) otherwise promote the use of 

23 woody biomass; and 


smartinez on DSK4TPTVN1PROD with BILLS
42 

•S 2132 RS

1 (B) exclude from consideration any mer2 chantable logs that have been identified by the 

3 Secretary for commercial sale. 

4 (6) IMPLEMENTATION.—The Secretary shall— 

5 (A) ensure that the criteria described in 

6 paragraph (4) are publicly available by not later 

7 than 120 days after the date of enactment of 

8 this subsection; and 

9 (B) to the maximum extent practicable, 

10 consult with Alaska Native corporations and ap11 propriate Alaska Native organizations likely to 

12 be affected in developing the application and 

13 otherwise carrying out this subsection. 

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

15 2017, the Secretary shall submit to Congress a re16 port that describes, with respect to the reporting pe17 riod— 

18 (A) each individual application received 

19 under this subsection; and 

20 (B) each contract and agreement entered 

21 into pursuant to this subsection. 

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

23 into under this subsection— 

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

25 20 years; and 


smartinez on DSK4TPTVN1PROD with BILLS
43 

•S 2132 RS

1 (B) may be renewed in accordance with 

2 this subsection for not more than an additional 

3 10 years. 

4 SEC. 203. WEATHERIZATION PROGRAM. 

5 Section 413(d) of the Energy Conservation and Pro6 duction Act (42 U.S.C. 6863(d)) is amended— 

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

8 following: 

9 ‘‘(1) RESERVATION OF AMOUNTS.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B) and notwithstanding any other provi12 sion of this part, the Secretary shall reserve 

13 from amounts that would otherwise be allocated 

14 to a State under this part not less than 100 

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

16 amount which bears the same proportion to the 

17 allocation of that State for the applicable fiscal 

18 year as the population of all low-income mem19 bers of an Indian tribe in that State bears to 

20 the population of all low-income individuals in 

21 that State. 

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

23 shall apply only if— 

24 ‘‘(i) the tribal organization serving the 

25 low-income members of the applicable InVerDate Mar 15 2010 23:37 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6401 E:\BILLS\S2132.RS S2132

smartinez on DSK4TPTVN1PROD with BILLS
44 

•S 2132 RS

1 dian tribe requests that the Secretary 

2 make a grant directly; and 

3 ‘‘(ii) the Secretary determines that 

4 the low-income members of the applicable 

5 Indian tribe would be equally or better 

6 served by making a grant directly than a 

7 grant made to the State in which the low8 income members reside.’’; 

9 (2) in paragraph (2)— 

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

11 ‘‘ADMINISTRATION.—The amounts’’; 

12 (B) by striking ‘‘on the basis of his deter13 mination’’; 

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

15 a determination has been made’’ and inserting 

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

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

18 Secretary’’; and 

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

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

21 SEC. 204. APPRAISALS. 

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

23 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add24 ing at the end the following: 


smartinez on DSK4TPTVN1PROD with BILLS
45 

•S 2132 RS

1 ‘‘SEC. 2607. APPRAISALS. 

2 ‘‘(a) IN GENERAL.—For any transaction that re3 quires approval of the Secretary and involves mineral or 

4 energy resources held in trust by the United States for 

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

6 to Federal restrictions against alienation, any appraisal 

7 relating to fair market value of those resources required 

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

9 ‘‘(1) the Secretary; 

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

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

12 to a contract with the Indian tribe. 

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

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

15 receives an appraisal prepared by or for an Indian tribe 

16 under paragraph (2) or (3) of subsection (a), the Sec17 retary shall— 

18 ‘‘(1) review the appraisal; and 

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

20 determines that the appraisal fails to meet the 

21 standards set forth in regulations promulgated 

22 under subsection (d). 

23 ‘‘(c) NOTICE OF DISAPPROVAL.—If the Secretary de24 termines that an appraisal submitted for approval under 

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


smartinez on DSK4TPTVN1PROD with BILLS
46 

•S 2132 RS

1 give written notice of the disapproval to the Indian tribe 

2 and a description of— 

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

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

5 otherwise cured to meet the applicable standards set 

6 forth in the regulations promulgated under sub7 section (d). 

8 ‘‘(d) REGULATIONS.—The Secretary shall promul9 gate regulations to carry out this section, including stand10 ards the Secretary shall use for approving or disapproving 

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

12 SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NA13 TION. 

14 (a) IN GENERAL.—Subsection (e)(1) of the first sec15 tion of the Act of August 9, 1955 (commonly known as 

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

17 amended— 

18 (1) by striking ‘‘, except a lease for’’ and insert19 ing ‘‘, including a lease for’’; 

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

21 the following: 

22 ‘‘(A) in the case of a business or agricul23 tural lease, 99 years;’’; 

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

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


smartinez on DSK4TPTVN1PROD with BILLS
47 

•S 2132 RS

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

2 ‘‘(C) in the case of a lease for the explo3 ration, development, or extraction of any min4 eral resource (including geothermal resources), 

5 25 years, except that— 

6 ‘‘(i) any such lease may include an op7 tion to renew for 1 additional term of not 

8 to exceed 25 years; and 

9 ‘‘(ii) any such lease for the explo10 ration, development, or extraction of an oil 

11 or gas resource shall be for a term of not 

12 to exceed 10 years, plus such additional 

13 period as the Navajo Nation determines to 

14 be appropriate in any case in which an oil 

15 or gas resource is produced in a paying 

16 quantity.’’. 

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

18 date of enactment of this Act, the Comptroller General 

19 of the United States shall prepare and submit to Congress 

20 a report describing the progress made in carrying out the 

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

22 SECTION 1. SHORT TITLE. 

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

24 Development and Self-Determination Act Amendments of 

25 2014’’. 


smartinez on DSK4TPTVN1PROD with BILLS
48 

•S 2132 RS

1 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—INDIAN TRIBAL ENERGY DEVELOPMENT AND SELFDETERMINATION ACT AMENDMENTS 

Sec. 101. Indian tribal energy resource development. 

Sec. 102. Indian tribal energy resource regulation. 

Sec. 103. Tribal energy resource agreements. 

Sec. 104. Technical assistance for Indian tribal governments. 

Sec. 105. Conforming amendments. 

Sec. 106. Indian energy efficiency. 

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. 

3 TITLE I—INDIAN TRIBAL EN4 ERGY DEVELOPMENT AND 

5 SELF-DETERMINATION ACT 

6 AMENDMENTS 

7 SEC. 101. INDIAN TRIBAL ENERGY RESOURCE DEVELOP8 MENT. 

9 (a) IN GENERAL.—Section 2602(a) of the Energy Pol10 icy Act of 1992 (25 U.S.C. 3502(a)) is amended— 

11 (1) in paragraph (2)— 

12 (A) in subparagraph (C), by striking ‘‘and’’ 

13 after the semicolon; 

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

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

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


smartinez on DSK4TPTVN1PROD with BILLS
49 

•S 2132 RS

1 ‘‘(E) consult with each applicable Indian 

2 tribe before adopting or approving a well spac3 ing program or plan applicable to the energy re4 sources of that Indian tribe or the members of 

5 that Indian tribe.’’; and 

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

7 ‘‘(4) PLANNING.— 

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

9 program established by paragraph (1), the Sec10 retary shall provide technical assistance to inter11 ested Indian tribes to develop energy plans, in12 cluding— 

13 ‘‘(i) plans for electrification; 

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

15 renewable energy permitting, energy effi16 ciency, electricity generation, transmission 

17 planning, water planning, and other plan18 ning relating to energy issues; 

19 ‘‘(iii) plans for the development of en20 ergy resources and to ensure the protection 

21 of natural, historic, and cultural resources; 

22 and 

23 ‘‘(iv) any other plans that would assist 

24 an Indian tribe in the development or use 

25 of energy resources. 


smartinez on DSK4TPTVN1PROD with BILLS
50 

•S 2132 RS

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

2 program under paragraph (1), the Secretary 

3 shall work in cooperation with the Office of In4 dian Energy Policy and Programs of the De5 partment of Energy.’’. 

6 (b) DEPARTMENT OF ENERGY INDIAN ENERGY EDU7 CATION PLANNING AND MANAGEMENT ASSISTANCE PRO8 GRAM.—Section 2602(b)(2) of the Energy Policy Act of 

9 1992 (25 U.S.C. 3502(b)(2)) is amended— 

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

11 by inserting ‘‘, intertribal organization,’’ after ‘‘In12 dian tribe’’; 

13 (2) by redesignating subparagraphs (C) and (D) 

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

15 (3) by inserting after subparagraph (B) the fol16 lowing: 

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

18 Indian tribes to manage energy development and 

19 energy efficiency programs;’’. 

20 (c) DEPARTMENT OF ENERGY LOAN GUARANTEE PRO21 GRAM.—Section 2602(c) of the Energy Policy Act of 1992 

22 (25 U.S.C. 3502(c)) is amended— 

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

24 energy development organization’’ after ‘‘Indian 

25 tribe’’; 


smartinez on DSK4TPTVN1PROD with BILLS
51 

•S 2132 RS

1 (2) in paragraph (3)— 

2 (A) in the matter preceding subparagraph 

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

4 ‘‘guaranteed’’; 

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

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

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

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

9 ‘‘(C) a tribal energy development organiza10 tion, from funds of the tribal energy development 

11 organization.’’; and 

12 (3) in paragraph (5), by striking ‘‘The Secretary 

13 of Energy may’’ and inserting ‘‘Not later than 1 year 

14 after the date of enactment of the Indian Tribal En15 ergy Development and Self-Determination Act 

16 Amendments of 2014, the Secretary of Energy shall’’. 

17 SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULATION. 

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

19 U.S.C. 3503(c)) is amended— 

20 (1) in paragraph (1), by striking ‘‘on the request 

21 of an Indian tribe, the Indian tribe’’ and inserting 

22 ‘‘on the request of an Indian tribe or a tribal energy 

23 development organization, the Indian tribe or tribal 

24 energy development organization’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
52 

•S 2132 RS

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 Policy 

6 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 on 

18 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 on’’; 

25 and 


smartinez on DSK4TPTVN1PROD with BILLS
53 

•S 2132 RS

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 resources 

8 of the Indian tribe located on tribal land with 

9 any other energy mineral resource (including en10 ergy mineral resources owned by the Indian tribe 

11 or an individual Indian in fee, trust, or re12 stricted status or by any other persons or enti13 ties) if the owner of the resources has consented 

14 or consents to the pooling, unitization, or 

15 communitization of the other resources under 

16 any lease or agreement; and’’; and 

17 (B) by striking paragraph (2) and inserting 

18 the following: 

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

20 paragraph (1) shall not require review by, or the ap21 proval of, the Secretary under section 2103 of the Re22 vised Statutes (25 U.S.C. 81), or any other provision 

23 of law, if the lease or business agreement— 

24 ‘‘(A) was executed— 


smartinez on DSK4TPTVN1PROD with BILLS
54 

•S 2132 RS

1 ‘‘(i) in accordance with the require2 ments of a tribal energy resource agreement 

3 in effect under subsection (e) (including the 

4 periodic review and evaluation of the activi5 ties of the Indian tribe under the agreement, 

6 to be conducted pursuant to subparagraphs 

7 (D) and (E) of subsection (e)(2)); or 

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

9 energy development organization— 

10 ‘‘(I) for which the Indian tribe 

11 has obtained certification pursuant to 

12 subsection (h); and 

13 ‘‘(II) the majority of the interest 

14 in which is, and continues to be 

15 throughout the full term or renewal 

16 term (if any) of the lease or business 

17 agreement, owned and controlled by the 

18 Indian tribe (or the Indian tribe and 

19 1 or more other Indian tribes the tribal 

20 land of which is being developed); and 

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

22 ‘‘(i) 30 years; or 

23 ‘‘(ii) in the case of a lease for the pro24 duction of oil resources, gas resources, or 


smartinez on DSK4TPTVN1PROD with BILLS
55 

•S 2132 RS

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 re15 sources; or 

16 ‘‘(C) the purposes, or facilitates in carrying 

17 out the purposes, of any lease or agreement en18 tered into for energy resource development on 

19 tribal land; and 

20 ‘‘(2) was executed— 

21 ‘‘(A) in accordance with the requirements of 

22 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 


smartinez on DSK4TPTVN1PROD with BILLS
56 

•S 2132 RS

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 the 

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

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

12 Indian tribe (or the Indian tribe and 1 or 

13 more other Indian tribes the tribal land of 

14 which is being developed); and 

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

20 shall be valid unless the lease, business agreement, or right21 of-way is authorized by subsection (a) or (b).’’; 

22 (4) in subsection (e)— 

23 (A) by striking paragraph (1) and inserting 

24 the following: 


smartinez on DSK4TPTVN1PROD with BILLS
57 

•S 2132 RS

1 ‘‘(1) IN GENERAL.—On or after the date of en2 actment of the Indian Tribal Energy Development 

3 and Self-Determination Act Amendments of 2014, an 

4 Indian tribe may submit to the Secretary a tribal en5 ergy resource agreement governing leases, business 

6 agreements, and rights-of-way under this section.’’; 

7 (B) in paragraph (2)— 

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

9 follows through the end of subparagraph (A) 

10 and inserting the following: 

11 ‘‘(2) PROCEDURE.— 

12 ‘‘(A) EFFECTIVE DATE.— 

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

14 271 days after the date on which the Sec15 retary receives a tribal energy resource 

16 agreement from an Indian tribe under 

17 paragraph (1), the tribal energy resource 

18 agreement shall take effect, unless the Sec19 retary disapproves the tribal energy re20 source agreement under subparagraph (B). 

21 ‘‘(ii) REVISED TRIBAL ENERGY RE22 SOURCE AGREEMENT.—On the date that is 

23 91 days after the date on which the Sec24 retary receives a revised tribal energy re25 source agreement from an Indian tribe 


smartinez on DSK4TPTVN1PROD with BILLS
58 

•S 2132 RS

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

2 energy resource agreement shall take effect, 

3 unless the Secretary disapproves the revised 

4 tribal energy resource agreement under sub5 paragraph (B).’’; 

6 (ii) in subparagraph (B)— 

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

8 follows through ‘‘if—’’ and inserting 

9 the following: 

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

11 disapprove a tribal energy resource agreement 

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

13 only if—’’; 

14 (II) by striking clause (i) and in15 serting the following: 

16 ‘‘(i) the Secretary determines that the 

17 Indian tribe has not demonstrated that the 

18 Indian tribe has sufficient capacity to regu19 late the development of the specific 1 or 

20 more energy resources identified for develop21 ment under the tribal energy resource agree22 ment submitted by the Indian tribe;’’; 

23 (III) by redesignating clause (iii) 

24 as clause (iv) and indenting appro25 priately; 


smartinez on DSK4TPTVN1PROD with BILLS
59 

•S 2132 RS

1 (IV) by striking clause (ii) and 

2 inserting the following: 

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

4 resource agreement would violate applicable 

5 Federal law (including regulations) or a 

6 treaty applicable to the Indian tribe; 

7 ‘‘(iii) the tribal energy resource agree8 ment does not include 1 or more provisions 

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

10 (V) in clause (iv) (as redesignated 

11 by subclause (III))— 

12 (aa) in the matter preceding 

13 subclause (I), by striking ‘‘in14 cludes’’ and all that follows 

15 through ‘‘section—’’ and inserting 

16 ‘‘does not include provisions that, 

17 with respect to any lease, business 

18 agreement, or right-of-way to 

19 which the tribal energy resource 

20 agreement applies—’’; and 

21 (bb) in subclause (XVI)(bb), 

22 by striking ‘‘or tribal’’; 

23 (iii) in subparagraph (C)— 


smartinez on DSK4TPTVN1PROD with BILLS
60 

•S 2132 RS

1 (I) in the matter preceding clause 

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

3 after ‘‘with respect to’’; 

4 (II) by striking clause (ii) and in5 serting the following: 

6 ‘‘(ii) the identification of mitigation 

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

8 the Indian tribe, the Indian tribe might 

9 propose for incorporation into the lease, 

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

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

12 ‘‘proposed action’’ and inserting ‘‘ap13 proval of the lease, business agreement, 

14 or right-of-way’’; 

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

16 ‘‘and’’ at the end; 

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

18 period at the end and inserting ‘‘; 

19 and’’; and 

20 (VI) by adding at the end the fol21 lowing: 

22 ‘‘(vi) the identification of specific class23 es or categories of actions, if any, deter24 mined by the Indian tribe not to have sig25 nificant environmental effects.’’; 


smartinez on DSK4TPTVN1PROD with BILLS
61 

•S 2132 RS

1 (iv) in subparagraph (D)(ii), by strik2 ing ‘‘subparagraph (B)(iii)(XVI)’’ and in3 serting ‘‘subparagraph (B)(iv)(XV)’’; and 

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

5 ‘‘(F) A tribal energy resource agreement 

6 that takes effect pursuant to this subsection shall 

7 remain in effect to the extent any provision of 

8 the tribal energy resource agreement is consistent 

9 with applicable Federal law (including regula10 tions), unless the tribal energy resource agree11 ment is— 

12 ‘‘(i) rescinded by the Secretary pursu13 ant to paragraph (7)(D)(iii)(II); or 

14 ‘‘(ii) voluntarily rescinded by the In15 dian tribe pursuant to the regulations pro16 mulgated under paragraph (8)(B) (or suc17 cessor regulations). 

18 ‘‘(G)(i) The Secretary shall make a prelimi19 nary capacity determination under subpara20 graph (B)(i) not later than 120 days after the 

21 date on which the Indian tribe submits to the 

22 Secretary the tribal energy resource agreement of 

23 the Indian tribe pursuant to paragraph (1), un24 less the Secretary and the Indian tribe mutually 


smartinez on DSK4TPTVN1PROD with BILLS
62 

•S 2132 RS

1 agree to an extension of the time period for mak2 ing the determination. 

3 ‘‘(ii) Any determination (including any 

4 preliminary determination) that the Indian tribe 

5 lacks the requisite capacity shall be treated as a 

6 disapproval under paragraph (4) and, not later 

7 than 10 days after the date of the determination, 

8 the Secretary shall provide to the Indian tribe— 

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

10 each reason for the determination; and 

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

12 Indian tribe should take to demonstrate suf13 ficient capacity. 

14 ‘‘(H) Notwithstanding any other provision 

15 of this section, an Indian tribe shall be consid16 ered to have demonstrated sufficient capacity 

17 under subparagraph (B)(i) to regulate the devel18 opment of the specific 1 or more energy resources 

19 of the Indian tribe identified for development 

20 under the tribal energy resource agreement sub21 mitted by the Indian tribe pursuant to para22 graph (1) if— 

23 ‘‘(i) the Secretary determines that— 

24 ‘‘(I)(aa) the Indian tribe has car25 ried out a contract or compact under 


smartinez on DSK4TPTVN1PROD with BILLS
63 

•S 2132 RS

1 title I or IV of the Indian Self-Deter2 mination and Education Assistance 

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

4 ‘‘(bb) for a period of not less than 

5 3 consecutive years ending on the date 

6 on which the Indian tribe submits the 

7 tribal energy resource agreement of the 

8 Indian tribe pursuant to paragraph 

9 (1) or (4)(B), the contract or com10 pact— 

11 ‘‘(AA) has been carried out 

12 by the Indian tribe without mate13 rial audit exceptions (or without 

14 any material audit exceptions 

15 that were not corrected within the 

16 3-year period); and 

17 ‘‘(BB) has included pro18 grams or activities relating to the 

19 management of the environment, 

20 tribal land, realty, or natural re21 sources; or 

22 ‘‘(II) the Indian tribe has carried 

23 out approval of surface leases under 

24 subsection (h) of the first section of the 

25 Act of August 9, 1955 (commonly 


smartinez on DSK4TPTVN1PROD with BILLS
64 

•S 2132 RS

1 known as the ‘Long-Term Leasing 

2 Act’) (25 U.S.C. 415(h)) for the pre3 vious calendar year without a finding 

4 of a compliance violation under para5 graph (8)(B) of that subsection; or 

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

7 preliminary determination within the time 

8 allowed under subparagraph (G)(i) (includ9 ing any extension of time agreed to under 

10 that subparagraph).’’; 

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

12 disapproval’’ and all that follows through the 

13 end of subparagraph (C) and inserting the fol14 lowing: ‘‘date of disapproval, provide the Indian 

15 tribe with— 

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

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

18 and 

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

20 tribal energy resource agreement necessary 

21 to address each reason; and 

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

23 the tribal energy resource agreement.’’; 

24 (D) in paragraph (6)— 

25 (i) in subparagraph (B)— 


smartinez on DSK4TPTVN1PROD with BILLS
65 

•S 2132 RS

1 (I) by striking ‘‘(B) Subject to’’ 

2 and inserting the following: 

3 ‘‘(B) Subject only to’’; and 

4 (II) by striking ‘‘subparagraph 

5 (D)’’ and inserting ‘‘subparagraphs 

6 (C) and (D)’’; 

7 (ii) in subparagraph (C), in the matter 

8 preceding clause (i), by inserting ‘‘to per9 form the obligations of the Secretary under 

10 this section and’’ before ‘‘to ensure’’; and 

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

12 at the end the following: 

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

14 limits, or otherwise affects the liability, if 

15 any, of the United States for any— 

16 ‘‘(I) term of any lease, business 

17 agreement, or right-of-way under this 

18 section that is not a negotiated term; 

19 or 

20 ‘‘(II) losses that are not the result 

21 of a negotiated term, including losses 

22 resulting from the failure of the Sec23 retary to perform an obligation of the 

24 Secretary under this section.’’; 

25 (E) in paragraph (7)— 


smartinez on DSK4TPTVN1PROD with BILLS
66 

•S 2132 RS

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

2 ‘‘has demonstrated’’ and inserting ‘‘the Sec3 retary determines has demonstrated with 

4 substantial evidence’’; 

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

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

7 remedies (if any) provided under the laws 

8 of the Indian tribe’’; 

9 (iii) in subparagraph (D)— 

10 (I) in clause (i), by striking ‘‘de11 termine’’ and all that follows through 

12 the end of the clause and inserting the 

13 following: ‘‘determine— 

14 ‘‘(I) whether the petitioner is 

15 an interested party; and 

16 ‘‘(II) if the petitioner is an 

17 interested party, whether the In18 dian tribe is not in compliance 

19 with the tribal energy resource 

20 agreement as alleged in the peti21 tion.’’; 

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

23 ‘‘determination’’ and inserting ‘‘deter24 minations’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
67 

•S 2132 RS

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

2 preceding subclause (I) by striking 

3 ‘‘agreement’’ the first place it appears 

4 and all that follows through ‘‘, includ5 ing’’ and inserting ‘‘agreement pursu6 ant to clause (i), the Secretary shall 

7 only take such action as the Secretary 

8 determines necessary to address the 

9 claims of noncompliance made in the 

10 petition, including’’; 

11 (iv) in subparagraph (E)(i), by strik12 ing ‘‘the manner in which’’ and inserting ‘‘, 

13 with respect to each claim made in the peti14 tion, how’’; and 

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

16 ‘‘(G) Notwithstanding any other provision 

17 of this paragraph, the Secretary shall dismiss 

18 any petition from an interested party that has 

19 agreed with the Indian tribe to a resolution of 

20 the claims presented in the petition of that 

21 party.’’; 

22 (F) in paragraph (8)(B)— 

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

24 the end; 


smartinez on DSK4TPTVN1PROD with BILLS
68 

•S 2132 RS

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

2 after the semicolon; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(iii) amend an approved tribal en6 ergy resource agreement to assume author7 ity for approving leases, business agree8 ments, or rights-of-way for development of 

9 another energy resource that is not included 

10 in an approved tribal energy resource agree11 ment without being required to apply for a 

12 new tribal energy resource agreement;’’ and 

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

14 ‘‘(9) EFFECT.—Nothing in this section author15 izes the Secretary to deny a tribal energy resource 

16 agreement or any amendment to a tribal energy re17 source agreement, or to limit the effect or implementa18 tion of this section, due to lack of promulgated regula19 tions.’’; 

20 (5) by redesignating subsection (g) as subsection 

21 (j); and 

22 (6) by inserting after subsection (f) the following: 

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

24 BY THE SECRETARY.— 


smartinez on DSK4TPTVN1PROD with BILLS
69 

•S 2132 RS

1 ‘‘(1) IN GENERAL.—Any amounts that the Sec2 retary would otherwise expend to operate or carry out 

3 any program, function, service, or activity (or any 

4 portion of a program, function, service, or activity) of 

5 the Department that, as a result of an Indian tribe 

6 carrying out activities under a tribal energy resource 

7 agreement, the Secretary does not expend, the Sec8 retary shall, at the request of the Indian tribe, make 

9 available to the Indian tribe in accordance with this 

10 subsection. 

11 ‘‘(2) ANNUAL FUNDING AGREEMENTS.—The Sec12 retary shall make the amounts described in para13 graph (1) available to an Indian tribe through an an14 nual written funding agreement that is negotiated 

15 and entered into with the Indian tribe that is sepa16 rate from the tribal energy resource agreement. 

17 ‘‘(3) EFFECT OF APPROPRIATIONS.—Notwith18 standing paragraph (1)— 

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

20 tribe under this subsection is subject to the avail21 ability of appropriations; and 

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

23 reduce amounts for programs, functions, services, 

24 or activities that serve any other Indian tribe to 


smartinez on DSK4TPTVN1PROD with BILLS
70 

•S 2132 RS

1 make amounts available to an Indian tribe 

2 under this subsection. 

3 ‘‘(4) DETERMINATION.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall cal5 culate the amounts under paragraph (1) in ac6 cordance with the regulations adopted under sec7 tion 103(b) of the Indian Tribal Energy Devel8 opment and Self-Determination Act Amendments 

9 of 2014. 

10 ‘‘(B) APPLICABILITY.—The effective date or 

11 implementation of a tribal energy resource agree12 ment under this section shall not be delayed or 

13 otherwise affected by— 

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

15 regulations under section 103(b) of the In16 dian Tribal Energy Development and Self17 Determination Act Amendments of 2014; 

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

19 Secretary to make the calculation required 

20 under paragraph (1); or 

21 ‘‘(iii) the adoption of a funding agree22 ment under paragraph (2). 

23 ‘‘(h) CERTIFICATION OF TRIBAL ENERGY DEVELOP24 MENT ORGANIZATION.— 


smartinez on DSK4TPTVN1PROD with BILLS
71 

•S 2132 RS

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

2 the date on which an Indian tribe submits an appli3 cation for certification of a tribal energy development 

4 organization in accordance with regulations promul5 gated under section 103(b) of the Indian Tribal En6 ergy Development and Self-Determination Act 

7 Amendments of 2014, the Secretary shall approve or 

8 disapprove the application. 

9 ‘‘(2) REQUIREMENTS.—The Secretary shall ap10 prove an application for certification if— 

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

12 contract or compact under title I or IV of the In13 dian Self-Determination and Education Assist14 ance Act (25 U.S.C. 450 et seq.); and 

15 ‘‘(ii) for a period of not less than 3 consecu16 tive years ending on the date on which the In17 dian tribe submits the application, the contract 

18 or compact— 

19 ‘‘(I) has been carried out by the Indian 

20 tribe without material audit exceptions (or 

21 without any material audit exceptions that 

22 were not corrected within the 3-year pe23 riod); and 


smartinez on DSK4TPTVN1PROD with BILLS
72 

•S 2132 RS

1 ‘‘(II) has included programs or activi2 ties relating to the management of tribal 

3 land; and 

4 ‘‘(B)(i) the tribal energy development orga5 nization is organized under the laws of the In6 dian tribe and subject to the jurisdiction and au7 thority of the Indian tribe; 

8 ‘‘(ii) the majority of the interest in the trib9 al energy development organization is owned 

10 and controlled by the Indian tribe (or the Indian 

11 tribe and 1 or more other Indian tribes the tribal 

12 land of which is being developed); and 

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

14 energy development organization requires that 

15 the Indian tribe (or the Indian tribe and 1 or 

16 more other Indian tribes the tribal land of which 

17 is being developed) own and control at all times 

18 a majority of the interest in the tribal energy de19 velopment organization. 

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

21 approves an application for certification pursuant to 

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

23 days after making the determination— 

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


smartinez on DSK4TPTVN1PROD with BILLS
73 

•S 2132 RS

1 ‘‘(i) the tribal energy development or2 ganization is organized under the laws of 

3 the Indian tribe and subject to the jurisdic4 tion and authority of the Indian tribe; 

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

6 tribal energy development organization is 

7 owned and controlled by the Indian tribe 

8 (or the Indian tribe and 1 or more other In9 dian tribes the tribal land of which is being 

10 developed); 

11 ‘‘(iii) the organizing document of the 

12 tribal energy development organization re13 quires that the Indian tribe (or the Indian 

14 tribe and 1 or more other Indian tribes the 

15 tribal land of which is being developed) own 

16 and control at all times a majority of the 

17 interest in the tribal energy development or18 ganization; and 

19 ‘‘(iv) the certification is issued pursu20 ant this subsection; 

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

22 the Indian tribe; and 

23 ‘‘(C) publish the certification in the Federal 

24 Register. 


smartinez on DSK4TPTVN1PROD with BILLS
74 

•S 2132 RS

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

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

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

4 date of enactment of the Indian Tribal Energy Development 

5 and Self-Determination Act Amendments of 2014, the Sec6 retary shall promulgate or update any regulations that are 

7 necessary to implement this section, including provisions 

8 to implement— 

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

10 of 1992 (25 U.S.C. 3504(e)(8)), including the process 

11 to be followed by an Indian tribe amending an exist12 ing tribal energy resource agreement to assume au13 thority for approving leases, business agreements, or 

14 rights-of-way for development of an energy resource 

15 that is not included in the tribal energy resource 

16 agreement; 

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

18 1992 (25 U.S.C. 3504(g)) including the manner in 

19 which the Secretary, at the request of an Indian tribe, 

20 shall— 

21 (A) identify the programs, functions, serv22 ices, and activities (or any portions of programs, 

23 functions, services, or activities) that the Sec24 retary will not have to operate or carry out as 


smartinez on DSK4TPTVN1PROD with BILLS
75 

•S 2132 RS

1 a result of the Indian tribe carrying out activi2 ties under a tribal energy resource agreement; 

3 (B) identify the amounts that the Secretary 

4 would have otherwise expended to operate or 

5 carry out each program, function, service, and 

6 activity (or any portion of a program, function, 

7 service, or activity) identified pursuant to sub8 paragraph (A); and 

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

10 programs, functions, services, and activities (or 

11 any portions of programs, functions, services, or 

12 activities) identified pursuant subparagraph (A) 

13 and the amounts associated with each program, 

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

15 a program, function, service, or activity) identi16 fied pursuant to subparagraph (B); and 

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

18 1992 (25 U.S.C. 3504(h)), including the process to be 

19 followed by, and any applicable criteria and docu20 mentation required for, an Indian tribe to request 

21 and obtain the certification described in that section. 

22 SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 

23 GOVERNMENTS. 

24 Section 2602(b) of the Energy Policy Act of 1992 (25 

25 U.S.C. 3502(b)) is amended— 


smartinez on DSK4TPTVN1PROD with BILLS
76 

•S 2132 RS

1 (1) by redesignating paragraphs (3) through (6) 

2 as paragraphs (4) through (7), respectively; and 

3 (2) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) TECHNICAL AND SCIENTIFIC RESOURCES.— 

6 In addition to providing grants to Indian tribes 

7 under this subsection, the Secretary shall collaborate 

8 with the Directors of the National Laboratories in 

9 making the full array of technical and scientific re10 sources of the Department of Energy available for 

11 tribal energy activities and projects.’’. 

12 SEC. 105. CONFORMING AMENDMENTS. 

13 (a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT

14 ORGANIZATION.—Section 2601 of the Energy Policy Act of 

15 1992 (25 U.S.C. 3501) is amended by striking paragraph 

16 (11) and inserting the following: 

17 ‘‘(11) The term ‘tribal energy development orga18 nization’ means— 

19 ‘‘(A) any enterprise, partnership, consor20 tium, corporation, or other type of business orga21 nization that is engaged in the development of 

22 energy resources and is wholly owned by an In23 dian tribe (including an organization incor24 porated pursuant to section 17 of the Indian Re25 organization Act of 1934 (25 U.S.C. 477) or secVerDate Mar 15 2010 23:37 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6203 E:\BILLS\S2132.RS S2132

smartinez on DSK4TPTVN1PROD with BILLS
77 

•S 2132 RS

1 tion 3 of the Act of June 26, 1936 (25 U.S.C. 

2 503) (commonly known as the ‘Oklahoma Indian 

3 Welfare Act’)); or 

4 ‘‘(B) any organization of 2 or more entities, 

5 at least 1 of which is an Indian tribe, that has 

6 the written consent of the governing bodies of all 

7 Indian tribes participating in the organization 

8 to apply for a grant, loan, or other assistance 

9 under section 2602 or to enter into a lease or 

10 business agreement with, or acquire a right-of11 way from, an Indian tribe pursuant to sub12 section (a)(2)(A)(ii) or (b)(2)(B) of section 

13 2604.’’. 

14 (b) INDIAN TRIBAL ENERGY RESOURCE DEVELOP15 MENT.—Section 2602 of the Energy Policy Act of 1992 (25 

16 U.S.C. 3502) is amended— 

17 (1) in subsection (a)— 

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

19 energy resource development organizations’’ and 

20 inserting ‘‘tribal energy development organiza21 tions’’; and 

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

23 energy resource development organizations’’ each 

24 place it appears and inserting ‘‘tribal energy de25 velopment organizations’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
78 

•S 2132 RS

1 (2) in subsection (b)(2), by striking ‘‘tribal en2 ergy resource development organization’’ and insert3 ing ‘‘tribal energy development organization’’. 

4 (c) WIND AND HYDROPOWER FEASIBILITY STUDY.— 

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

6 U.S.C. 3506(c)(3)) is amended by striking ‘‘energy resource 

7 development’’ and inserting ‘‘energy development’’. 

8 (d) CONFORMING AMENDMENTS.—Section 2604(e) of 

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

10 amended— 

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

12 section 103(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 (2) in paragraph (3)— 

19 (A) by striking ‘‘(3) The Secretary’’ and in20 serting the following: 

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

23 (B) by striking ‘‘for approval’’; 

24 (3) in paragraph (4), by striking ‘‘(4) If the Sec25 retary’’ and inserting the following: 


smartinez on DSK4TPTVN1PROD with BILLS
79 

•S 2132 RS

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

2 Secretary’’; 

3 (4) 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 (5) in paragraph (6)— 

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

13 and inserting the following: 

14 ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT OF

15 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 

25 agreement in effect under this section’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
80 

•S 2132 RS

1 (ii) in clause (ii), by striking ‘‘ap2 proved by the Secretary’’ and inserting ‘‘in 

3 effect’’; and 

4 (6) in paragraph (7)— 

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

6 and inserting the following: 

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

8 ‘‘(A) In this paragraph’’; 

9 (B) in subparagraph (A), by striking ‘‘ap10 proved by the Secretary’’ and inserting ‘‘in ef11 fect’’; 

12 (C) in subparagraph (B), by striking ‘‘ap13 proved by the Secretary’’ and inserting ‘‘in ef14 fect’’; and 

15 (D) in subparagraph (D)(iii)— 

16 (i) in subclause (I), by striking ‘‘ap17 proved’’; and 

18 (ii) in subclause (II)— 

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

20 the first place it appears; and 

21 (II) by striking ‘‘subsection (a) or 

22 (b)’’ and inserting ‘‘subsection 

23 (a)(2)(A)(i) or (b)(2)(A)’’. 


smartinez on DSK4TPTVN1PROD with BILLS
81 

•S 2132 RS

1 SEC. 106. INDIAN ENERGY EFFICIENCY. 

2 Part D of title III of the Energy Policy and Conserva3 tion Act (42 U.S.C. 6321 et seq.) is amended by adding 

4 at the end the following: 

5 ‘‘SEC. 367. INDIAN ENERGY EFFICIENCY PROGRAM. 

6 ‘‘(a) DEFINITION OF INDIAN TRIBE.—In this section, 

7 the term ‘Indian tribe’ has the meaning given the term in 

8 section 4 of the Indian Self-Determination and Education 

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

10 ‘‘(b) PURPOSE.—The purpose of the grants provided 

11 under subsection (d) shall be to assist Indian tribes in im12 plementing strategies— 

13 ‘‘(1) to develop alternative and renewable energy 

14 resources within the jurisdictions of eligible entities in 

15 a manner that— 

16 ‘‘(A) is environmentally sustainable; and 

17 ‘‘(B) to the maximum extent practicable, 

18 maximizes benefits for Indian tribes and tribal 

19 members; 

20 ‘‘(2) to increase the energy efficiency of Indian 

21 tribes and tribal members; and 

22 ‘‘(3) to improve energy efficiency in— 

23 ‘‘(A) the transportation sector; 

24 ‘‘(B) the building sector; and 

25 ‘‘(C) other appropriate sectors. 


smartinez on DSK4TPTVN1PROD with BILLS
82 

•S 2132 RS

1 ‘‘(c) TRIBAL ALLOCATION.—Of the amount of funds 

2 authorized to be appropriated for each fiscal year under sec3 tion 365(f) to carry out this part, the Secretary shall allo4 cate not less than 2.5 percent of the funds for each fiscal 

5 year to be distributed to Indian tribes in accordance with 

6 subsection (d). 

7 ‘‘(d) GRANTS.—Of the amounts available for distribu8 tion under subsection (c), the Secretary shall establish a 

9 competitive process for providing grants under this section 

10 that gives priority to projects that— 

11 ‘‘(1) increase energy efficiency and energy con12 servation rather than new energy generation projects; 

13 ‘‘(2) integrate cost-effective renewable energy 

14 with energy efficiency; 

15 ‘‘(3) move beyond the planning stage and are 

16 ready for implementation; 

17 ‘‘(4) clearly articulate and demonstrate the abil18 ity to achieve measurable goals; 

19 ‘‘(5) have the potential to make an impact in the 

20 government buildings, infrastructure, communities, 

21 and land of an Indian tribe; and 

22 ‘‘(6) maximize the creation or retention of jobs 

23 on Indian land. 

24 ‘‘(e) USE OF FUNDS.—An Indian tribe may use a 

25 grant received under this section to carry out activities to 


smartinez on DSK4TPTVN1PROD with BILLS
83 

•S 2132 RS

1 achieve the purposes described in subsection (b), includ2 ing— 

3 ‘‘(1) the development and implementation of en4 ergy efficiency and conservation strategies; 

5 ‘‘(2) the retention of technical consultant services 

6 to assist the Indian tribe in the development of an en7 ergy efficiency and conservation strategy, including— 

8 ‘‘(A) the formulation of energy efficiency, 

9 energy conservation, and energy usage goals; 

10 ‘‘(B) the identification of strategies to 

11 achieve the goals— 

12 ‘‘(i) through efforts to increase energy 

13 efficiency and reduce energy consumption; 

14 and 

15 ‘‘(ii) by encouraging behavioral 

16 changes among the population served by the 

17 Indian tribe; 

18 ‘‘(C) the development of methods to measure 

19 progress in achieving the goals; 

20 ‘‘(D) the development and publication of 

21 annual reports to the population served by the 

22 eligible entity describing— 

23 ‘‘(i) the strategies and goals; and 


smartinez on DSK4TPTVN1PROD with BILLS
84 

•S 2132 RS

1 ‘‘(ii) the progress made in achieving 

2 the strategies and goals during the pre3 ceding calendar year; and 

4 ‘‘(E) other services to assist in the imple5 mentation of the energy efficiency and conserva6 tion strategy; 

7 ‘‘(3) the implementation of residential and com8 mercial building energy audits; 

9 ‘‘(4) the establishment of financial incentive pro10 grams for energy efficiency improvements; 

11 ‘‘(5) the provision of grants for the purpose of 

12 performing energy efficiency retrofits; 

13 ‘‘(6) the development and implementation of en14 ergy efficiency and conservation programs for build15 ings and facilities within the jurisdiction of the In16 dian tribe, including— 

17 ‘‘(A) the design and operation of the pro18 grams; 

19 ‘‘(B) the identification of the most effective 

20 methods of achieving maximum participation 

21 and efficiency rates; 

22 ‘‘(C) the education of the members of an In23 dian tribe; 

24 ‘‘(D) the measurement and verification pro25 tocols of the programs; and 


smartinez on DSK4TPTVN1PROD with BILLS
85 

•S 2132 RS

1 ‘‘(E) the identification of energy efficient 

2 technologies; 

3 ‘‘(7) the development and implementation of pro4 grams to conserve energy used in transportation, in5 cluding— 

6 ‘‘(A) the use of— 

7 ‘‘(i) flextime by employers; or 

8 ‘‘(ii) satellite work centers; 

9 ‘‘(B) the development and promotion of zon10 ing guidelines or requirements that promote en11 ergy-efficient development; 

12 ‘‘(C) the development of infrastructure, in13 cluding bike lanes, pathways, and pedestrian 

14 walkways; 

15 ‘‘(D) the synchronization of traffic signals; 

16 and 

17 ‘‘(E) other measures that increase energy ef18 ficiency and decrease energy consumption; 

19 ‘‘(8) the development and implementation of 

20 building codes and inspection services to promote 

21 building energy efficiency; 

22 ‘‘(9) the application and implementation of en23 ergy distribution technologies that significantly in24 crease energy efficiency, including— 

25 ‘‘(A) distributed resources; and 


smartinez on DSK4TPTVN1PROD with BILLS
86 

•S 2132 RS

1 ‘‘(B) district heating and cooling systems; 

2 ‘‘(10) the implementation of activities to increase 

3 participation and efficiency rates for material con4 servation programs, including source reduction, recy5 cling, and recycled content procurement programs 

6 that lead to increases in energy efficiency; 

7 ‘‘(11) the purchase and implementation of tech8 nologies to reduce, capture, and, to the maximum ex9 tent practicable, use methane and other greenhouse 

10 gases generated by landfills or similar sources; 

11 ‘‘(12) the replacement of traffic signals and street 

12 lighting with energy-efficient lighting technologies, in13 cluding— 

14 ‘‘(A) light-emitting diodes; and 

15 ‘‘(B) any other technology of equal or great16 er energy efficiency; 

17 ‘‘(13) the development, implementation, and in18 stallation on or in any government building of the 

19 Indian tribe of onsite renewable energy technology 

20 that generates electricity from renewable resources, in21 cluding— 

22 ‘‘(A) solar energy; 

23 ‘‘(B) wind energy; 

24 ‘‘(C) fuel cells; and 

25 ‘‘(D) biomass; and 


smartinez on DSK4TPTVN1PROD with BILLS
87 

•S 2132 RS

1 ‘‘(14) any other appropriate activity, as deter2 mined by the Secretary, in consultation with— 

3 ‘‘(A) the Secretary of the Interior; 

4 ‘‘(B) the Administrator of the Environ5 mental Protection Agency; 

6 ‘‘(C) the Secretary of Transportation; 

7 ‘‘(D) the Secretary of Housing and Urban 

8 Development; and 

9 ‘‘(E) Indian tribes. 

10 ‘‘(f) GRANT APPLICATIONS.— 

11 ‘‘(1) IN GENERAL.— 

12 ‘‘(A) APPLICATION.—To apply for a grant 

13 under this section, an Indian tribe shall submit 

14 to the Secretary a proposed energy efficiency and 

15 conservation strategy in accordance with this 

16 paragraph. 

17 ‘‘(B) CONTENTS.—A proposed strategy de18 scribed in subparagraph (A) shall include a de19 scription of— 

20 ‘‘(i) the goals of the Indian tribe for 

21 increased energy efficiency and conservation 

22 in the jurisdiction of the Indian tribe; and 

23 ‘‘(ii) the manner in which— 


smartinez on DSK4TPTVN1PROD with BILLS
88 

•S 2132 RS

1 ‘‘(I) the proposed strategy com2 plies with the restrictions described in 

3 subsection (e); and 

4 ‘‘(II) a grant will allow the In5 dian tribe fulfill the goals of the pro6 posed strategy. 

7 ‘‘(2) APPROVAL.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall ap9 prove or disapprove a proposed strategy under 

10 paragraph (1) by not later than 120 days after 

11 the date of submission of the proposed strategy. 

12 ‘‘(B) DISAPPROVAL.—If the Secretary dis13 approves a proposed strategy under paragraph 

14 (1)— 

15 ‘‘(i) the Secretary shall provide to the 

16 Indian tribe the reasons for the disapproval; 

17 and 

18 ‘‘(ii) the Indian tribe may revise and 

19 resubmit the proposed strategy as many 

20 times as necessary, until the Secretary ap21 proves a proposed strategy. 

22 ‘‘(C) REQUIREMENT.—The Secretary shall 

23 not provide to an Indian tribe a grant under 

24 this section until a proposed strategy is approved 

25 by the Secretary. 


smartinez on DSK4TPTVN1PROD with BILLS
89 

•S 2132 RS

1 ‘‘(3) LIMITATIONS ON USE OF FUNDS.—Of the 

2 amounts provided to an Indian tribe under this sec3 tion, an Indian tribe may use for administrative ex4 penses, excluding the cost of the reporting require5 ments of this section, an amount equal to the greater 

6 of— 

7 ‘‘(A) 10 percent of the administrative ex8 penses; or 

9 ‘‘(B) $75,000. 

10 ‘‘(4) ANNUAL REPORT.—Not later than 2 years 

11 after the date on which funds are initially provided 

12 to an Indian tribe under this section, and annually 

13 thereafter, the Indian tribe shall submit to the Sec14 retary a report describing— 

15 ‘‘(A) the status of development and imple16 mentation of the energy efficiency and conserva17 tion strategy; and 

18 ‘‘(B) to the maximum extent practicable, an 

19 assessment of energy efficiency gains within the 

20 jurisdiction of the Indian tribe.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
90 

•S 2132 RS

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 and 

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

8 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 regula19 tions), 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 


smartinez on DSK4TPTVN1PROD with BILLS
91 

•S 2132 RS

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 estab5 lish a biomass demonstration project for federally recog6 nized Indian tribes and Alaska Native corporations to pro7 mote biomass energy production. 

8 (b) TRIBAL BIOMASS DEMONSTRATION PROJECT.— 

9 The Tribal Forest Protection Act of 2004 (Public Law 108– 

10 278; 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 Indian 

19 tribes to carry out demonstration projects to promote bio20 mass energy production (including biofuel, heat, and elec21 tricity 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 year 

25 for which projects are authorized, at least 4 new demonstraVerDate Mar 15 2010 23:37 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6203 E:\BILLS\S2132.RS S2132

smartinez on DSK4TPTVN1PROD with BILLS
92 

•S 2132 RS

1 tion projects that meet the eligibility criteria described in 

2 subsection (c) shall be carried out under contracts or agree3 ments 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 to 

13 be carried out by the Indian tribe. 

14 ‘‘(d) SELECTION.—In evaluating the applications sub15 mitted under subsection (c), the Secretary shall— 

16 ‘‘(1) take into consideration— 

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

18 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 development 

23 of the Indian tribe; 

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


smartinez on DSK4TPTVN1PROD with BILLS
93 

•S 2132 RS

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 for 

12 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 appli21 cation and otherwise carrying out this section. 

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

23 Secretary shall submit to Congress a report that describes, 

24 with respect to the reporting period— 


smartinez on DSK4TPTVN1PROD with BILLS
94 

•S 2132 RS

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 (including 

10 forest management and integrated resource management 

11 plans) in effect on the Indian forest land or rangeland of 

12 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 sec18 tion 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 mean24 ing given the term ‘‘Native Corporation’’ in secVerDate Mar 15 2010 23:37 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\S2132.RS S2132

smartinez on DSK4TPTVN1PROD with BILLS
95 

•S 2132 RS

1 tion 3 of the Alaska Native Claims Settlement 

2 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 Serv11 ice; 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 Sec16 retary of the Interior, acting through the 

17 Director of the Bureau of Land Manage18 ment. 

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

20 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 


smartinez on DSK4TPTVN1PROD with BILLS
96 

•S 2132 RS

1 (ii)(I) is considered chiefly valuable for 

2 the production of forest products or to 

3 maintain watershed or other land values en4 hanced by a forest cover (including commer5 cial 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 vegetative 

10 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 the 

15 Forest Service; and 

16 (ii) the Secretary of the Interior, with 

17 respect to land under the jurisdiction of the 

18 Bureau of Land Management. 

19 (2) AGREEMENTS.—For each of fiscal years 2015 

20 through 2019, the Secretary shall enter into a stew21 ardship contract or similar agreement (excluding a 

22 direct service contract) with 1 or more Alaska Native 

23 corporations to carry out a demonstration project to 

24 promote biomass energy production (including 

25 biofuel, heat, and electricity generation) on forest 


smartinez on DSK4TPTVN1PROD with BILLS
97 

•S 2132 RS

1 land of the Alaska Native corporations and in nearby 

2 communities by providing reliable supplies of woody 

3 biomass from Federal land. 

4 (3) DEMONSTRATION PROJECTS.—In each fiscal 

5 year for which projects are authorized, at least 1 new 

6 demonstration project that meets the eligibility cri7 teria described in paragraph (4) shall be carried out 

8 under contracts or agreements described in paragraph 

9 (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 to 

13 the Secretary an application— 

14 (A) containing such information as the Sec15 retary 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 proposed 

21 to be carried out by the Alaska Native cor22 poration. 

23 (5) SELECTION.—In evaluating the applications 

24 submitted under paragraph (4), the Secretary shall— 


smartinez on DSK4TPTVN1PROD with BILLS
98 

•S 2132 RS

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 water12 sheds of Federal land or Alaska Native cor13 poration forest land or rangeland; 

14 (v) demonstrate new investments in in15 frastructure; or 

16 (vi) otherwise promote the use of woody 

17 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 this 

25 subsection; and 


smartinez on DSK4TPTVN1PROD with BILLS
99 

•S 2132 RS

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 oth5 erwise carrying out this subsection. 

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

7 2017, the Secretary shall submit to Congress a report 

8 that describes, with respect to the reporting period— 

9 (A) each individual application received 

10 under this subsection; and 

11 (B) each contract and agreement entered 

12 into pursuant to this subsection. 

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

14 under this subsection— 

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

16 years; and 

17 (B) may be renewed in accordance with this 

18 subsection for not more than an additional 10 

19 years. 

20 SEC. 203. WEATHERIZATION PROGRAM. 

21 Section 413(d) of the Energy Conservation and Pro22 duction Act (42 U.S.C. 6863(d)) is amended— 

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

24 following: 

25 ‘‘(1) RESERVATION OF AMOUNTS.— 


smartinez on DSK4TPTVN1PROD with BILLS
100 

•S 2132 RS

1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B) and notwithstanding any other provi3 sion of this part, the Secretary shall reserve from 

4 amounts that would otherwise be allocated to a 

5 State under this part not less than 100 percent, 

6 but not more than 150 percent, of an amount 

7 which bears the same proportion to the allocation 

8 of that State for the applicable fiscal year as the 

9 population of all low-income members of an In10 dian tribe in that State bears to the population 

11 of all low-income individuals in that State. 

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

13 shall apply only if— 

14 ‘‘(i) the tribal organization serving the 

15 low-income members of the applicable In16 dian tribe requests that the Secretary make 

17 a grant directly; and 

18 ‘‘(ii) the Secretary determines that the 

19 low-income members of the applicable In20 dian tribe would be equally or better served 

21 by making a grant directly than a grant 

22 made to the State in which the low-income 

23 members reside. 

24 ‘‘(C) PRESUMPTION.—If the tribal organi25 zation requesting the grant is a tribally desVerDate Mar 15 2010 23:37 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6203 E:\BILLS\S2132.RS S2132

smartinez on DSK4TPTVN1PROD with BILLS
101 

•S 2132 RS

1 ignated housing entity (as defined in section 4 of 

2 the Native American Housing Assistance and 

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

4 4103)) that has operated without material audit 

5 exceptions (or without any material audit excep6 tions that were not corrected within a 3-year pe7 riod), the Secretary shall presume that the low8 income members of the applicable Indian tribe 

9 would be equally or better served by making a 

10 grant directly to the tribal organization than by 

11 a grant made to the State in which the low-in12 come members reside.’’; 

13 (2) in paragraph (2)— 

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

15 ‘‘ADMINISTRATION.—The amounts’’; 

16 (B) by striking ‘‘on the basis of his deter17 mination’’; 

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

19 a determination has been made’’ and inserting 

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

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

22 Secretary’’; and 

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

24 inserting ‘‘APPLICATION.—In order’’. 


smartinez on DSK4TPTVN1PROD with BILLS
102 

•S 2132 RS

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 adding 

4 at the end the following: 

5 ‘‘SEC. 2607. APPRAISALS. 

6 ‘‘(a) IN GENERAL.—For any transaction that requires 

7 approval of the Secretary and involves mineral or energy 

8 resources held in trust by the United States for the benefit 

9 of an Indian tribe or by an Indian tribe subject to Federal 

10 restrictions against alienation, any appraisal relating to 

11 fair market value of those resources required to be prepared 

12 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 Secretary 

21 shall— 

22 ‘‘(1) review the appraisal; and 

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

24 determines that the appraisal fails to meet the stand25 ards set forth in regulations promulgated under sub26 section (d). 


smartinez on DSK4TPTVN1PROD with BILLS
103 

•S 2132 RS

1 ‘‘(c) NOTICE OF DISAPPROVAL.—If the Secretary deter2 mines that an appraisal submitted for approval under sub3 section (b) should be disapproved, the Secretary shall give 

4 written notice of the disapproval to the Indian tribe and 

5 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 subsection 

10 (d). 

11 ‘‘(d) REGULATIONS.—The Secretary shall promulgate 

12 regulations to carry out this section, including standards 

13 the Secretary shall use for approving or disapproving the 

14 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 section 

18 of the Act of August 9, 1955 (commonly known as the 

19 ‘‘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: 


smartinez on DSK4TPTVN1PROD with BILLS
104 

•S 2132 RS

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 exploration, 

14 development, or extraction of an oil or gas 

15 resource shall be for a term of not to exceed 

16 10 years, plus such additional period as the 

17 Navajo Nation determines to be appropriate 

18 in any case in which an oil or gas resource 

19 is produced in a paying quantity.’’. 

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

21 date of enactment of this Act, the Comptroller General of 

22 the United States shall prepare and submit to Congress a 

23 report describing the progress made in carrying out the 

24 amendment made by subsection (a). 


smartinez on DSK4TPTVN1PROD with BILLS
105 

•S 2132 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 August 

4 9, 1955 (25 U.S.C. 415(a)), is amended in the second sen5 tence by inserting ‘‘, land held in trust for the Crow Tribe 

6 of Montana’’ after ‘‘Devils Lake Sioux Reservation’’. 

7 SEC. 207. TRUST STATUS OF LEASE PAYMENTS. 

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

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

10 (b) TREATMENT OF LEASE PAYMENTS.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2) and at the request of the Indian tribe or 

13 individual Indian, any advance payments, bid depos14 its, or other earnest money received by the Secretary 

15 in connection with the review and Secretarial ap16 proval under any other Federal law (including regu17 lations) of a sale, lease, permit, or any other convey18 ance of any interest in any trust or restricted land 

19 of any Indian tribe or individual Indian shall, upon 

20 receipt and prior to Secretarial approval of the con21 tract or conveyance instrument, be held in the trust 

22 fund system for the benefit of the Indian tribe and in23 dividual Indian from whose land the funds were gen24 erated. 

25 (2) RESTRICTION.—If the advance payment, bid 

26 deposit, or other earnest money received by the SecVerDate Mar 15 2010 23:37 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 E:\BILLS\S2132.RS S2132

smartinez on DSK4TPTVN1PROD with BILLS
106 

•S 2132 RS

1 retary results from competitive bidding, upon selec2 tion of the successful bidder, only the funds paid by 

3 the successful bidder shall be held in the trust fund 

4 system. 

5 (c) USE OF FUNDS.— 

6 (1) IN GENERAL.—On the approval of the Sec7 retary of a contract or other instrument for a sale, 

8 lease, permit, or any other conveyance described in 

9 subsection (b)(1), the funds held in the trust fund sys10 tem and described in subsection (b), along with all in11 come generated from the investment of those funds, 

12 shall be disbursed to the Indian tribe or individual 

13 Indian landowners. 

14 (2) ADMINISTRATION.—If a contract or other in15 strument for a sale, lease, permit, or any other con16 veyance described in subsection (b)(1) is not approved 

17 by the Secretary, the funds held in the trust fund sys18 tem and described in subsection (b), along with all in19 come generated from the investment of those funds, 

20 shall be paid to the party identified in, and in such 

21 amount and on such terms as set out in, the applica22 ble regulations, advertisement, or other notice gov23 erning the proposed conveyance of the interest in the 

24 land at issue. 


smartinez on DSK4TPTVN1PROD with BILLS
107 

•S 2132 RS

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

2 advance payment, bid deposit, or other earnest money re3 ceived by the Secretary in connection with the review and 

4 Secretarial approval under any other Federal law (includ5 ing regulations) of a sale, lease, permit, or any other con6 veyance of any interest in any trust or restricted land of 

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

8 of enactment of this Act. 


smartinez on DSK4TPTVN1PROD with BILLS
Calendar No. 501 

113TH CONGRESS 

2D SESSION S. 2132 

[Report No. 113–224] 

A BILL 

To amend the Indian Tribal Energy Development 

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

JULY 30, 2014 

Reported with an amendment 


smartinez on DSK4TPTVN1PROD with BILLS