Indian Tribal Energy Development and Self-Determination Act Amendments of 2014

To amend the Indian Tribal Energy Development and Self-Determination Act of 2005, and for other purposes. 1. Short title This Act may be cited as the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 2. Table of contents 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 self-determination 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. I Indian tribal energy development and self-determination act amendments 101. Indian tribal energy resource development (a) In general Section 2602(a) of the Energy Policy Act of 1992 (25 U.S.C. 3502(a)) is amended— (1) in paragraph (2)— (A) in subparagraph (C), by striking and (B) in subparagraph (D), by striking the period at the end and inserting ; and (C) by adding at the end the following: (E) consult with each applicable Indian tribe before adopting or approving a well spacing program or plan applicable to the energy resources of that Indian tribe or the members of that Indian tribe. ; and (2) by adding at the end the following: (4) Planning (A) In general In carrying out the program established by paragraph (1), the Secretary shall provide technical assistance to interested Indian tribes to develop energy plans, including— (i) plans for electrification; (ii) plans for oil and gas permitting, renewable energy permitting, energy efficiency, electricity generation, transmission planning, water planning, and other planning relating to energy issues; (iii) plans for the development of energy resources and to ensure the protection of natural, historic, and cultural resources; and (iv) any other plans that would assist an Indian tribe in the development or use of energy resources. (B) Cooperation In establishing the program under paragraph (1), the Secretary shall work in cooperation with the Office of Indian Energy Policy and Programs of the Department of Energy. . (b) Department of Energy Indian energy education planning and management assistance program Section 2602(b)(2) of the Energy Policy Act of 1992 (25 U.S.C. 3502(b)(2)) is amended— (1) in the matter preceding subparagraph (A), by inserting , intertribal organization, Indian tribe (2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (3) by inserting after subparagraph (B) the following: (C) activities to increase the capacity of Indian tribes to manage energy development and energy efficiency programs; . (c) Department of Energy loan guarantee program Section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) (1) in paragraph (1), by inserting or a tribal energy development organization Indian tribe (2) in paragraph (3)— (A) in the matter preceding subparagraph (A), by striking guarantee guaranteed (B) in subparagraph (A), by striking or (C) in subparagraph (B), by striking the period at the end and inserting ; or (D) by adding at the end the following: (C) a tribal energy development organization, from funds of the tribal energy development organization. ; and (3) in paragraph (5), by striking The Secretary of Energy may Not later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 102. Indian tribal energy resource regulation Section 2603(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3503(c) (1) in paragraph (1), by striking on the request of an Indian tribe, the Indian tribe on the request of an Indian tribe or a tribal energy development organization, the Indian tribe or tribal energy development organization (2) in paragraph (2)(B), by inserting or tribal energy development organization Indian tribe 103. Tribal energy resource agreements (a) Amendment Section 2604 of the Energy Policy Act of 1992 ( 25 U.S.C. 3504 (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B)— (I) by striking clause (i) and inserting the following: (i) an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land; or ; and (II) in clause (ii)— (aa) by inserting , at least a portion of which have been energy resources (bb) by inserting or produced from developed on (cc) by striking and or (iii) by adding at the end the following: (C) pooling, unitization, or communitization of the energy mineral resources of the Indian tribe located on tribal land with any other energy mineral resource (including energy mineral resources owned by the Indian tribe or an individual Indian in fee, trust, or restricted status or by any other persons or entities) if the owner of the resources has consented or consents to the pooling, unitization, or communitization of the other resources under any lease or agreement; and ; and (B) by striking paragraph (2) and inserting the following: (2) a lease or business agreement described in paragraph (1) shall not require review by, or the approval of, the Secretary under section 2103 of the Revised Statutes (25 U.S.C. 81), or any other provision of law, if the lease or business agreement— (A) was executed— (i) in accordance with the requirements of a tribal energy resource agreement in effect under subsection (e) (including the periodic review and evaluation of the activities of the Indian tribe under the agreement, to be conducted pursuant to subparagraphs (D) and (E) of subsection (e)(2)); or (ii) by the Indian tribe and a tribal energy development organization— (I) for which the Indian tribe has obtained certification pursuant to subsection (h); and (II) the majority of the interest in which is, and continues to be throughout the full term or renewal term (if any) of the lease or business agreement, owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes); and (B) has a term that does not exceed— (i) 30 years; or (ii) in the case of a lease for the production of oil resources, gas resources, or both, 10 years and as long thereafter as oil or gas is produced in paying quantities. ; (2) by striking subsection (b) and inserting the following: (b) Rights-of-Way An Indian tribe may grant a right-of-way over tribal land without review or approval by the Secretary if the right-of-way— (1) serves— (A) an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land; (B) a facility located on tribal land that extracts, produces, processes, or refines energy resources; or (C) the purposes, or facilitates in carrying out the purposes, of any lease or agreement entered into for energy resource development on tribal land; and (2) was executed— (A) in accordance with the requirements of a tribal energy resource agreement in effect under subsection (e) (including the periodic review and evaluation of the activities of the Indian tribe under the agreement, to be conducted pursuant to subparagraphs (D) and (E) of subsection (e)(2)); or (B) by the Indian tribe and a tribal energy development organization— (i) for which the Indian tribe has obtained certification pursuant to subsection (h); and (ii) the majority of the interest in which is, and continues to be throughout the full term or renewal term (if any) of the right-of-way, owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes); and (3) has a term that does not exceed 30 years. ; (3) by striking subsection (d) and inserting the following: (d) Validity No lease or business agreement entered into, or right-of-way granted, pursuant to this section shall be valid unless the lease, business agreement, or right-of-way is authorized by subsection (a) or (b). ; (4) in subsection (e)— (A) in paragraph (2)— (i) by striking (2)(A) (2) Procedure (A) Effective date (i) In general On the date that is 271 days after the date on which the Secretary receives a tribal energy resource agreement from an Indian tribe under paragraph (1), the tribal energy resource agreement shall take effect, unless the Secretary disapproves the tribal energy resource agreement under subparagraph (B). (ii) Revised tribal energy resource agreement On the date that is 91 days after the date on which the Secretary receives a revised tribal energy resource agreement from an Indian tribe under paragraph (4)(B), the revised tribal energy resource agreement shall take effect, unless the Secretary disapproves the revised tribal energy resource agreement under subparagraph (B). ; (ii) in subparagraph (B)— (I) by striking (B) if— (B) Disapproval The Secretary shall disapprove a tribal energy resource agreement submitted pursuant to paragraph (1) or (4)(B) only if— ; (II) by striking clause (i) and inserting the following: (i) the Secretary determines that the Indian tribe has not demonstrated that the Indian tribe has sufficient capacity to regulate the development of the specific 1 or more energy resources identified for development under the tribal energy resource agreement submitted by the Indian tribe; ; (III) by redesignating clause (iii) as clause (iv) and indenting appropriately; (IV) by striking clause (ii) and inserting the following: (ii) a provision of the tribal energy resource agreement would violate applicable Federal law (including regulations) or a treaty applicable to the Indian tribe; (iii) the tribal energy resource agreement does not include 1 or more provisions required under subparagraph (D); or ; and (V) in clause (iv) (as redesignated by subclause (III))— (aa) in the matter preceding subclause (I), by striking includes section— does not include provisions that, with respect to any lease, business agreement, or right-of-way to which the tribal energy resource agreement applies— (bb) in subclause (XVI)(bb), by striking or tribal (iii) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting the approval of with respect to (II) by striking clause (ii) and inserting the following: (ii) the identification of mitigation measures, if any, that, in the discretion of the Indian tribe, the Indian tribe might propose for incorporation into the lease, business agreement, or right-of-way; ; (III) in clause (iii)(I), by striking proposed action approval of the lease, business agreement, or right-of-way (IV) in clause (iv), by striking and (V) in clause (v), by striking the period at the end and inserting ; and (VI) by adding at the end the following: (vi) the identification of specific classes or categories of actions, if any, determined by the Indian tribe not to have significant environmental effects. ; (iv) in subparagraph (D)(ii), by striking subparagraph (B)(iii)(XVI) subparagraph (B)(iv)(XV) (v) by adding at the end the following: (F) A tribal energy resource agreement that takes effect pursuant to this subsection shall remain in effect to the extent any provision of the tribal energy resource agreement is consistent with applicable Federal law (including regulations), unless the tribal energy resource agreement is— (i) rescinded by the Secretary pursuant to paragraph (7)(D)(iii)(II); or (ii) voluntarily rescinded by the Indian tribe pursuant to the regulations promulgated under paragraph (8)(B) (or successor regulations). (G) (i) The Secretary shall make a capacity determination under subparagraph (B)(i) not later than 120 days after the date on which the Indian tribe submits to the Secretary the tribal energy resource agreement of the Indian tribe pursuant to paragraph (1), unless the Secretary and the Indian tribe mutually agree to an extension of the time period for making the determination. (ii) Any determination that the Indian tribe lacks the requisite capacity shall be treated as a disapproval under paragraph (4) and, not later than 10 days after the date of the determination, the Secretary shall provide to the Indian tribe— (I) a detailed, written explanation of each reason for the determination; and (II) a description of the steps that the Indian tribe should take to demonstrate sufficient capacity. (H) Notwithstanding any other provision of this section, an Indian tribe shall be considered to have demonstrated sufficient capacity under subparagraph (B)(i) to regulate the development of the specific 1 or more energy resources of the Indian tribe identified for development under the tribal energy resource agreement submitted by the Indian tribe pursuant to paragraph (1) if— (i) the Secretary determines that— (I) the Indian tribe has carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and (II) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the tribal energy resource agreement of the Indian tribe pursuant to paragraph (1) or (4)(B), the contract or compact— (aa) has been carried out by the Indian tribe without material audit exceptions (or without any material audit exceptions that were not corrected within the 3-year period); and (bb) has included programs or activities relating to the management of tribal land; or (ii) the Secretary fails to make the determination within the time allowed under subparagraph (G)(i) (including any extension of time agreed to under that subparagraph). ; (B) in paragraph (4), by striking date of disapproval date of disapproval, provide the Indian tribe with— (A) a detailed, written explanation of— (i) each reason for the disapproval; and (ii) the revisions or changes to the tribal energy resource agreement necessary to address each reason; and (B) an opportunity to revise and resubmit the tribal energy resource agreement. ; (C) in paragraph (6)— (i) in subparagraph (B)— (I) by striking (B) Subject to (B) Subject only to ; and (II) by striking subparagraph (D) subparagraphs (C) and (D) (ii) in subparagraph (C), in the matter preceding clause (i), by inserting to perform the obligations of the Secretary under this section and to ensure (iii) in subparagraph (D), by adding at the end the following: (iii) Nothing in this section absolves, limits, or otherwise affects the liability, if any, of the United States for any— (I) term of any lease, business agreement, or right-of-way under this section that is not a negotiated term; or (II) losses that are not the result of a negotiated term, including losses resulting from the failure of the Secretary to perform an obligation of the Secretary under this section. ; and (D) in paragraph (7)— (i) in subparagraph (A), by striking has demonstrated the Secretary determines has demonstrated with substantial evidence (ii) in subparagraph (B), by striking any tribal remedy all remedies (if any) provided under the laws of the Indian tribe (iii) in subparagraph (D)— (I) in clause (i), by striking determine determine— (I) whether the petitioner is an interested party; and (II) if the petitioner is an interested party, whether the Indian tribe is not in compliance with the tribal energy resource agreement as alleged in the petition. ; (II) in clause (ii), by striking determination determinations (III) in clause (iii), in the matter preceding subclause (I) by striking agreement , including agreement pursuant to clause (i), the Secretary shall only take such action as the Secretary determines necessary to address the claims of noncompliance made in the petition, including (iv) in subparagraph (E)(i), by striking the manner in which , with respect to each claim made in the petition, how (v) by adding at the end the following: (G) Notwithstanding any other provision of this paragraph, the Secretary shall dismiss any petition from an interested party that has agreed with the Indian tribe to a resolution of the claims presented in the petition of that party. ; (5) by redesignating subsection (g) as subsection (j); and (6) by inserting after subsection (f) the following: (g) Financial assistance in lieu of activities by the Secretary (1) In general Any amounts that the Secretary would otherwise expend to operate or carry out any program, function, service, or activity (or any portion of a program, function, service, or activity) of the Department that, as a result of an Indian tribe carrying out activities under a tribal energy resource agreement, the Secretary does not expend, the Secretary shall, at the request of the Indian tribe, make available to the Indian tribe in accordance with this subsection. (2) Annual funding agreements The Secretary shall make the amounts described in paragraph (1) available to an Indian tribe through an annual written funding agreement that is negotiated and entered into with the Indian tribe that is separate from the tribal energy resource agreement. (3) Effect of appropriations Notwithstanding paragraph (1)— (A) the provision of amounts to an Indian tribe under this subsection is subject to the availability of appropriations; and (B) the Secretary shall not be required to reduce amounts for programs, functions, services, or activities that serve any other Indian tribe to make amounts available to an Indian tribe under this subsection. (4) Determination (A) In general The Secretary shall calculate the amounts under paragraph (1) in accordance with the regulations adopted under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (B) Applicability The effective date or implementation of a tribal energy resource agreement under this section shall not be delayed or otherwise affected by— (i) a delay in the promulgation of regulations under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (ii) the period of time needed by the Secretary to make the calculation required under paragraph (1); or (iii) the adoption of a funding agreement under paragraph (2). (h) Certification of tribal energy development organization (1) In general Not later than 90 days after the date on which an Indian tribe submits an application for certification of a tribal energy development organization in accordance with regulations promulgated under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (2) Requirements The Secretary shall approve an application for certification if— (A) (i) the Indian tribe has carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and (ii) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application, the contract or compact— (I) has been carried out by the Indian tribe without material audit exceptions (or without any material audit exceptions that were not corrected within the 3-year period); and (II) has included programs or activities relating to the management of tribal land; and (B) (i) the tribal energy development organization is organized under the laws of the Indian tribe and subject to the jurisdiction and authority of the Indian tribe; (ii) the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes); and (iii) the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and 1 or more other Indian tribes) own and control at all times a majority of the interest in the tribal energy development organization. (3) Action by Secretary If the Secretary approves an application for certification pursuant to paragraph (2), the Secretary shall, not more than 10 days after making the determination— (A) issue a certification stating that— (i) the tribal energy development organization is organized under the laws of the Indian tribe and subject to the jurisdiction and authority of the Indian tribe; (ii) the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes); (iii) the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and 1 or more other Indian tribes) own and control at all times a majority of the interest in the tribal energy development organization; and (iv) the certification is issued pursuant this subsection; (B) deliver a copy of the certification to the Indian tribe; and (C) publish the certification in the Federal Register. (i) Sovereign immunity Nothing in this section waives the sovereign immunity of an Indian tribe. . (b) Regulations Not later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (1) section 2604(g) of the Energy Policy Act of 1992 ( 25 U.S.C. 3504(g) (A) identify the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) that the Secretary will not have to operate or carry out as a result of the Indian tribe carrying out activities under a tribal energy resource agreement; (B) identify the amounts that the Secretary would have otherwise expended to operate or carry out each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to subparagraph (A); and (C) provide to the Indian tribe a list of the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) identified pursuant subparagraph (A) and the amounts associated with each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to subparagraph (B); and (2) section 2604(h) of the Energy Policy Act of 1992 ( 25 U.S.C. 3504(h) 104. Technical assistance for Indian tribal governments Section 2602(b) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(b) (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (2) by inserting after paragraph (2) the following: (3) Technical and scientific resources In addition to providing grants to Indian tribes under this subsection, the Secretary shall collaborate with the Directors of the National Laboratories in making the full array of technical and scientific resources of the Department of Energy available for tribal energy activities and projects. . 105. Conforming amendments (a) Definition of tribal energy development organization Section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 (11) The term tribal energy development organization (A) any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged in the development of energy resources and is wholly owned by an Indian tribe (including an organization incorporated pursuant to section 17 of the Indian Reorganization Act of 1934 ( 25 U.S.C. 477 25 U.S.C. 503 Oklahoma Indian Welfare Act (B) any organization of 2 or more entities, at least 1 of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance under section 2602 or to enter into a lease or business agreement with, or acquire a right-of-way from, an Indian tribe pursuant to subsection (a)(2)(A)(ii) or (b)(2)(B) of section 2604. . (b) Indian tribal energy resource development Section 2602 of the Energy Policy Act of 1992 ( 25 U.S.C. 3502 (1) in subsection (a)— (A) in paragraph (1), by striking tribal energy resource development organizations tribal energy development organizations (B) in paragraph (2), by striking tribal energy resource development organizations tribal energy development organizations (2) in subsection (b)(2), by striking tribal energy resource development organization tribal energy development organization (c) Wind and hydropower feasibility study Section 2606(c)(3) of the Energy Policy Act of 1992 ( 25 U.S.C. 3506(c)(3) energy resource development energy development (d) Conforming amendments Section 2604(e) of the Energy Policy Act of 1992 (25 U.S.C. 3504(e)) is amended— (1) in paragraph (1)— (A) by striking (1) On the date (1) In general On the date ; and (B) by striking for approval (2) in paragraph (2)(B)(iv) (as redesignated by section 4(a)(4)(A)(ii)(III))— (A) in subclause (XIV), by inserting and (B) by striking subclause (XV); and (C) by redesignating subclause (XVI) as subclause (XV); (3) in paragraph (3)— (A) by striking (3) The Secretary (3) Notice and comment; Secretarial review The Secretary ; and (B) by striking for approval (4) in paragraph (4), by striking (4) If the Secretary (4) Action in case of disapproval If the Secretary ; (5) in paragraph (5)— (A) by striking (5) If an Indian tribe (5) Provision of documents to Secretary If an Indian tribe ; and (B) in the matter preceding subparagraph (A), by striking approved in effect (6) in paragraph (6)— (A) by striking (6)(A) In carrying out (6) Secretarial obligations and effect of section (A) In carrying out ; (B) in subparagraph (A), by indenting clauses (i) and (ii) appropriately; (C) in subparagraph (B), by striking approved in effect (D) in subparagraph (D)— (i) in clause (i), by striking an approved tribal energy resource agreement a tribal energy resource agreement in effect under this section (ii) in clause (ii), by striking approved by the Secretary in effect (7) in paragraph (7)— (A) by striking (7)(A) In this paragraph (7) Petitions by interested parties (A) In this paragraph ; (B) in subparagraph (A), by striking approved by the Secretary in effect (C) in subparagraph (B), by striking approved by the Secretary in effect (D) in subparagraph (D)(iii)— (i) in subclause (I), by striking approved (ii) in subclause (II)— (I) by striking approval of (II) by striking subsection (a) or (b) subsection (a)(2)(A)(i) or (b)(2)(A) II Miscellaneous amendments 201. Issuance of preliminary permits or licenses (a) In general Section 7(a) of the Federal Power Act ( 16 U.S.C. 800(a) States and municipalities States, Indian tribes, and municipalities (b) Applicability The amendment made by subsection (a) shall not affect— (1) any preliminary permit or original license issued before the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (2) an application for an original license, if the Commission has issued a notice accepting that application for filing pursuant to section 4.32(d) Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (c) Definition of Indian tribe For purposes of section 7(a) of the Federal Power Act ( 16 U.S.C. 800(a) Indian tribe 25 U.S.C. 450b 202. Tribal biomass demonstration project (a) Purpose The purpose of this section is to establish a biomass demonstration project for federally recognized Indian tribes and Alaska Native corporations to promote biomass energy production. (b) Tribal biomass demonstration project The Tribal Forest Protection Act of 2004 ( Public Law 108–278 (1) in section 2(a), by striking In this section In this Act (2) by adding at the end the following: 3. Tribal biomass demonstration project (a) Stewardship contracts or similar agreements For each of fiscal years 2015 through 2019, the Secretary shall enter into stewardship contracts or similar agreements (excluding direct service contracts) with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land. (b) Demonstration projects In each fiscal year for which projects are authorized, at least 4 new demonstration projects that meet the eligibility criteria described in subsection (c) shall be carried out under contracts or agreements described in subsection (a). (c) Eligibility criteria To be eligible to enter into a contract or agreement under this section, an Indian tribe shall submit to the Secretary an application— (1) containing such information as the Secretary may require; and (2) that includes a description of— (A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and (B) the demonstration project proposed to be carried out by the Indian tribe. (d) Selection In evaluating the applications submitted under subsection (c), the Secretary shall— (1) take into consideration— (A) the factors set forth in paragraphs (1) and (2) of section 2(e); and (B) whether a proposed project would— (i) increase the availability or reliability of local or regional energy; (ii) enhance the economic development of the Indian tribe; (iii) result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; (iv) improve the forest health or watersheds of Federal land or Indian forest land or rangeland; (v) demonstrate new investments in infrastructure; or (vi) otherwise promote the use of woody biomass; and (2) exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. (e) Implementation The Secretary shall— (1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section; and (2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section. (f) Report Not later than September 20, 2017, the Secretary shall submit to Congress a report that describes, with respect to the reporting period— (1) each individual tribal application received under this section; and (2) each contract and agreement entered into pursuant to this section. (g) Incorporation of management plans In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the maximum extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe. (h) Term A contract or agreement entered into under this section— (1) shall be for a term of not more than 20 years; and (2) may be renewed in accordance with this section for not more than an additional 10 years. . (c) Alaska Native Corporation biomass demonstration project (1) Definitions In this subsection: (A) Alaska Native corporation The term Alaska Native corporation Native Corporation 43 U.S.C. 1602 (B) Federal land The term Federal land (i) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) (ii) public lands (as defined in section 103 of the Federal Land Policy Management Act of 1976 (43 U.S.C. 1702)), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (C) Forest land The term forest land (i) is conveyed to an Alaska Native corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (ii) (I) is considered chiefly valuable for the production of forest products or to maintain watershed or other land values enhanced by a forest cover (including commercial and noncommercial timberland and woodland), regardless of whether a formal inspection and land classification action has been taken; or (II) formerly had a forest or vegetative cover that is capable of restoration. (D) Secretary The term Secretary (i) the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and (ii) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management. (2) Agreements For each of fiscal years 2015 through 2019, the Secretary shall enter into a stewardship contract or similar agreement (excluding a direct service contract) with 1 or more Alaska Native corporations to carry out a demonstration project to promote biomass energy production (including biofuel, heat, and electricity generation) on forest land of the Alaska Native corporations and in nearby communities by providing reliable supplies of woody biomass from Federal land. (3) Demonstration projects In each fiscal year for which projects are authorized, at least 1 new demonstration project that meets the eligibility criteria described in paragraph (4) shall be carried out under contracts or agreements described in paragraph (2). (4) Eligibility criteria To be eligible to enter into a contract or agreement under this subsection, an Alaska Native corporation shall submit to the Secretary an application— (A) containing such information as the Secretary may require; and (B) that includes a description of— (i) the forest land or rangeland under the jurisdiction of the Alaska Native corporation; and (ii) the demonstration project proposed to be carried out by the Alaska Native corporation. (5) Selection In evaluating the applications submitted under paragraph (4), the Secretary shall— (A) take into consideration whether a proposed project would— (i) increase the availability or reliability of local or regional energy; (ii) enhance the economic development of the Alaska Native corporation; (iii) result in or improve the connection of electric power transmission facilities serving the Alaska Native corporation with other electric transmission facilities; (iv) improve the forest health or watersheds of Federal land or Alaska Native corporation forest land or rangeland; (v) demonstrate new investments in infrastructure; or (vi) otherwise promote the use of woody biomass; and (B) exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. (6) Implementation The Secretary shall— (A) ensure that the criteria described in paragraph (4) are publicly available by not later than 120 days after the date of enactment of this subsection; and (B) to the maximum extent practicable, consult with Alaska Native corporations and appropriate Alaska Native organizations likely to be affected in developing the application and otherwise carrying out this subsection. (7) Report Not later than September 20, 2017, the Secretary shall submit to Congress a report that describes, with respect to the reporting period— (A) each individual application received under this subsection; and (B) each contract and agreement entered into pursuant to this subsection. (8) Term A contract or agreement entered into under this subsection— (A) shall be for a term of not more than 20 years; and (B) may be renewed in accordance with this subsection for not more than an additional 10 years. 203. Weatherization program Section 413(d) of the Energy Conservation and Production Act ( 42 U.S.C. 6863(d) (1) by striking paragraph (1) and inserting the following: (1) Reservation of amounts (A) In general Subject to subparagraph (B) and notwithstanding any other provision of this part, the Secretary shall reserve from amounts that would otherwise be allocated to a State under this part not less than 100 percent, but not more than 150 percent, of an amount which bears the same proportion to the allocation of that State for the applicable fiscal year as the population of all low-income members of an Indian tribe in that State bears to the population of all low-income individuals in that State. (B) Restrictions Subparagraph (A) shall apply only if— (i) the tribal organization serving the low-income members of the applicable Indian tribe requests that the Secretary make a grant directly; and (ii) the Secretary determines that the low-income members of the applicable Indian tribe would be equally or better served by making a grant directly than a grant made to the State in which the low-income members reside. ; (2) in paragraph (2)— (A) by striking The sums Administration (B) by striking on the basis of his determination (C) by striking individuals for whom such a determination has been made low-income members of the Indian tribe (D) by striking he the Secretary (3) in paragraph (3), by striking In order Application 204. Appraisals (a) In general Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end the following: 2607. Appraisals (a) In general For any transaction that requires approval of the Secretary and involves mineral or energy resources held in trust by the United States for the benefit of an Indian tribe or by an Indian tribe subject to Federal restrictions against alienation, any appraisal relating to fair market value of those resources required to be prepared under applicable law may be prepared by— (1) the Secretary; (2) the affected Indian tribe; or (3) a certified, third-party appraiser pursuant to a contract with the Indian tribe. (b) Secretarial review and approval Not later than 45 days after the date on which the Secretary receives an appraisal prepared by or for an Indian tribe under paragraph (2) or (3) of subsection (a), the Secretary shall— (1) review the appraisal; and (2) approve the appraisal unless the Secretary determines that the appraisal fails to meet the standards set forth in regulations promulgated under subsection (d). (c) Notice of Disapproval If the Secretary determines that an appraisal submitted for approval under subsection (b) should be disapproved, the Secretary shall give written notice of the disapproval to the Indian tribe and a description of— (1) each reason for the disapproval; and (2) how the appraisal should be corrected or otherwise cured to meet the applicable standards set forth in the regulations promulgated under subsection (d). (d) Regulations The Secretary shall promulgate regulations to carry out this section, including standards the Secretary shall use for approving or disapproving the appraisal described in subsection (a). . 205. Leases of restricted lands for Navajo Nation (a) In general Subsection (e)(1) of the first section of the Act of August 9, 1955 (commonly known as the Long-Term Leasing Act 25 U.S.C. 415(e)(1) (1) by striking , except a lease for , including a lease for (2) by striking subparagraph (A) and inserting the following: (A) in the case of a business or agricultural lease, 99 years; ; (3) in subparagraph (B), by striking the period at the end and inserting ; and (4) by adding at the end the following: (C) in the case of a lease for the exploration, development, or extraction of any mineral resource (including geothermal resources), 25 years, except that— (i) any such lease may include an option to renew for 1 additional term of not to exceed 25 years; and (ii) any such lease for the exploration, development, or extraction of an oil or gas resource shall be for a term of not to exceed 10 years, plus such additional period as the Navajo Nation determines to be appropriate in any case in which an oil or gas resource is produced in a paying quantity. . (b) GAO report Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report describing the progress made in carrying out the amendment made by subsection (a)(4).

Summary: Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 - Amends laws governing the ability of Indian tribes to develop energy resources located on tribal lands Title I: Indian Tribal Energy Development and Self-Determination Act Amendments - (Sec. 101) Amends the Energy Policy Act of 1992 to require the Department of the Interior to: (1) consult with an Indian tribe before adopting or approving a well spacing program that affects its energy resources, (2) provide tribes with technical assistance in planning their energy resource development programs, and (3) work with the Office of Indian Energy Policy and Programs of the Department of Energy (DOE) in establishing the Indian energy resource development program. Makes intertribal organizations eligible for DOE Indian Energy Education Planning and Management Assistance Program grants to manage energy development and efficiency programs. Makes tribal energy development organizations eligible for DOE energy development loan guarantees. (Sec. 102) Requires Interior to make scientific and technical information and expertise available to tribal energy development organizations (in addition to Indian tribes) when issuing energy resource development grants. (Sec. 103) Amends provisions relating to tribal energy resource agreements. States that leases or business agreements entered into by tribes for energy resource development may include construction or operation of facilities that: (1) produce electricity from renewable resources located on tribal land, or (2) process or refine energy resources if a portion has been developed on or produced from tribal land. Allows leases and business agreements that pool, unitize, or communitize a tribe's energy resources with energy resources of other parties. Provides that a lease or business agreement between the Indian tribe and a tribal energy development organization, that is majority owned and controlled by the Indian tribe does not require review and approval by Interior if the lease or business agreement was executed in accordance with specified procedures and does not exceed 30 years or 10 years for an oil and gas lease if oil and gas is produced in paying quantities. Provides that rights-of-way granted by Indian tribes: (1) may include facilities that produce electricity from renewable resources, and (2) do not require review or approval by Interior if specified conditions are met. Alters the process and conditions for Interior's approval of tribal energy resource agreements. Requires Interior to disapprove the agreement only if: (1) the tribe has failed to demonstrate capacity, (2) the agreement would violate federal law or a treaty of the Indian tribe, or (3) the agreement fails to include provisions required by law, such as establishing an environmental review process or allowing for periodic reviews by Interior. Revises the process for determining tribal capacity for an agreement. Requires Interior to determine whether the tribe has sufficient capacity to regulate the development of one or more of the specific energy resources identified for development under the agreement. Requires Interior to consider Indian tribes to have demonstrated capacity if: (1) the tribe has successfully carried out a contract or compact under the Indian Self-Determination and Education Assistance Act for three consecutive years involving the management of the environment, tribal land, realty, or natural resources; (2) the tribe has carried out approval of surface leases under the Long-Term Leasing Act without a finding of a compliance violation; or (3) Interior fails to make a determination within the required time period. States that a tribe may determine any mitigation measures required for an agreement and permits a tribe to identify categorical exclusions from the environmental review process. Revises the process for interested parties to challenge a tribe's compliance with an agreement. Requires the party to demonstrate with substantial evidence that the party would sustain an adverse environmental impact due to a tribe's noncompliance with an agreement. Authorizes a tribe to amend an agreement to assume authority over another energy resource and requires Interior to promulgate regulations implementing the process and requirements for the amendment. Requires Interior to provide funding to tribes in an amount equal to savings the United States will realize as a result of the tribe carrying out the agreement. Sets forth certification requirements for tribal energy development organizations. (Sec. 104) Directs DOE to collaborate with the Directors of the National Laboratories in making the full array of DOE technical and scientific resources available for tribal energy activities and projects. (Sec. 106) Amends the Energy Policy and Conservation Act to direct DOE to award competitive grants to assist Indian tribes in implementing strategies to: (1) develop alternative and renewable energy resources and, (2) increase energy efficiency. Gives priority to projects that: (1) increase energy efficiency and conservation, rather than generate new energy; (2) integrate cost-effective renewable energy with energy efficiency; (3) are ready for implementation; (4) clearly articulate and demonstrate the ability to achieve measurable goals; (5) have the potential to make an impact in the government buildings, infrastructure, communities, and land of a tribe; and (6) maximize the creation or retention of jobs on Indian land. Title II: Miscellaneous Amendments - (Sec. 201) Amends the Federal Power Act to provide Indian tribes with the preferences that states and municipalities currently receive when preliminary permits or original licenses are issued for hydroelectric projects. (Sec. 202) Amends the Tribal Forest Protection Act of 2004 to establish a biomass demonstration project for federally recognized Indian tribes and Alaska Native corporations to promote biomass energy production. Specifies procedures and requirements for the projects. (Sec. 203) Amends the Energy Conservation and Production Act to provide weatherization grants directly to Indian tribes. (Sec. 204) Amends the Energy Policy Act of 1992 to allow Interior, an affected Indian tribe, or a certified third-party appraiser to appraise Indian mineral or energy resources involved in a transaction requiring Interior's approval. Requires Interior to review and accept or reject the appraisal within 45 days. (Sec. 205) Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into a lease for the exploration, development, or extraction of any mineral resources without the approval of Interior, if the lease is executed under tribal regulations approved by Interior and meets specified term limits. Authorizes the Navajo Nation to enter into commercial or agricultural leases of up to 99 years on their restricted lands without Interior's approval if the leases are executed under tribal regulations approved by Interior. (Currently, the leases may not exceed 25 years but may include an option to renew for up to 2 additional terms, neither of which may exceed 25 years.) (Sec. 206) Allows the Crow Tribe of Montana to enter into leases on its restricted land for a term of up to 99 years. (Sec. 207) Requires Interior, at the request of an Indian tribe or individual Indian, to hold in trust any advance payments, bid deposits, or other earnest money received in connection with the review and approval of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian.