IB 
Union Calendar No. 506 
112TH CONGRESS 
2D SESSION 
H. R. 3973 
[Report No. 112–692] 
To facilitate the development of energy on Indian lands by reducing Federal 
regulations that impede tribal development of Indian lands, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2012 
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Natural Resources 
OCTOBER 23, 2012 
Additional sponsors: Mr. GOSAR and Mr. BERG 
OCTOBER 23, 2012 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 7, 2012] 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native American Energy 
Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of Contents. 
Sec. 3. Appraisals. 
Sec. 4. Standardization. 
Sec. 5. Environmental reviews of major Federal actions on Indian lands. 
Sec. 6. Indian Energy Development Offices. 
Sec. 7. BLM Oil and Gas Fees. 
Sec. 8. Bonding requirements and nonpayment of attorneys’ fees to promote in-
dian energy projects. 
Sec. 9. Tribal biomass demonstration project. 
Sec. 10. Tribal Resource Management Plans. 
Sec. 11. Leases of Restricted Lands for the Navajo Nation. 
Sec. 12. Nonapplicability of certain rules. 
SEC. 3. APPRAISALS. 
(a) AMENDMENT.—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: 
‘‘SEC. 2607. APPRAISAL REFORMS. 
‘‘(a) OPTIONS TO INDIAN TRIBES.—With respect to a 
transaction involving Indian land or the trust assets of an 
Indian tribe that requires the approval of the Secretary, 
any appraisal relating to fair market value required to be 
conducted under applicable law, regulation, or policy may 
be completed by— 
‘‘(1) the Secretary; 
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‘‘(2) the affected Indian tribe; or 
‘‘(3) a certified, third-party appraiser pursuant 
to a contract with the Indian tribe. 
‘‘(b) TIME LIMIT ON SECRETARIAL REVIEW AND AC-
TION.—Not later than 30 days after the date on which the 
Secretary receives an appraisal conducted by or for an In-
dian tribe pursuant to paragraphs (2) or (3) of subsection 
(a), the Secretary shall— 
‘‘(1) review the appraisal; and 
‘‘(2) provide to the Indian tribe a written notice 
of approval or disapproval of the appraisal. 
‘‘(c) FAILURE OF SECRETARY TO APPROVE OR DIS-
APPROVE.—If, after 60 days, the Secretary has failed to ap-
prove or disapprove any appraisal received, the appraisal 
shall be deemed approved. 
‘‘(d) OPTION
TO INDIAN TRIBES TO WAIVE AP-
PRAISAL.— 
‘‘(1) An Indian tribe wishing to waive the re-
quirements of subsection (a), may do so after it has 
satisfied the requirements of subsections (2) and (3) 
below. 
‘‘(2) An Indian tribe wishing to forego the neces-
sity of a waiver pursuant to this section must provide 
to the Secretary a written resolution, statement, or 
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other unambiguous indication of tribal intent, duly 
approved by the governing body of the Indian tribe. 
‘‘(3) The unambiguous indication of intent pro-
vided by the Indian tribe to the Secretary under 
paragraph (2) must include an express waiver by the 
Indian tribe of any claims for damages it might have 
against the United States as a result of the lack of an 
appraisal undertaken. 
‘‘(e) DEFINITION.—For purposes of this subsection, the 
term ‘appraisal’ includes appraisals and other estimates of 
value. 
‘‘(f) REGULATIONS.—The Secretary shall develop regu-
lations for implementing this section, including standards 
the Secretary shall use for approving or disapproving an 
appraisal.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
of the Energy Policy Act of 1992 (42 U.S.C. 13201 note) 
is amended by adding at the end of the items relating to 
title XXVI the following: 
‘‘Sec. 2607. Appraisal reforms.’’. 
SEC. 4. STANDARDIZATION. 
As soon as practicable after the date of the enactment 
of this Act, the Secretary of the Interior shall implement 
procedures to ensure that each agency within the Depart-
ment of the Interior that is involved in the review, ap-
proval, and oversight of oil and gas activities on Indian 
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lands shall use a uniform system of reference numbers and 
tracking systems for oil and gas wells. 
SEC. 5. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL AC-
TIONS ON INDIAN LANDS. 
Section 102 of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332) is amended by inserting ‘‘(a) IN 
GENERAL.—’’ before the first sentence, and by adding at 
the end the following: 
‘‘(b) REVIEW OF MAJOR FEDERAL ACTIONS ON INDIAN 
LANDS.— 
‘‘(1) IN GENERAL.—For any major Federal ac-
tion on Indian lands of an Indian tribe requiring the 
preparation 
of 
a 
statement 
under 
subsection 
(a)(2)(C), the statement shall only be available for re-
view and comment by the members of the Indian tribe 
and by any other individual residing within the af-
fected area. 
‘‘(2) REGULATIONS.—The Chairman of the 
Council on Environmental Quality shall develop reg-
ulations to implement this section, including descrip-
tions of affected areas for specific major Federal ac-
tions, in consultation with Indian tribes. 
‘‘(3) DEFINITIONS.—In this subsection, each of 
the terms ‘Indian land’ and ‘Indian tribe’ has the 
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meaning given that term in section 2601 of the En-
ergy Policy Act of 1992 (25 U.S.C. 3501). 
‘‘(4) CLARIFICATION
OF
AUTHORITY.—Nothing 
in the Native American Energy Act, except section 8 
of that Act, shall give the Secretary any additional 
authority over energy projects on Alaska Native 
Claims Settlement Act lands.’’. 
SEC. 6. INDIAN ENERGY DEVELOPMENT OFFICES. 
Section 2602(a) of the Energy Policy Act of 1992 (25 
U.S.C. 3502(a)) is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) INDIAN ENERGY DEVELOPMENT OFFICES.— 
‘‘(A) ESTABLISHMENT.—To assist the Sec-
retary in carrying out the Program, the Sec-
retary shall establish within the Department of 
the Interior not less than 5 offices. 
‘‘(B) 
NAMING.—Each 
office 
established 
under subparagraph (A) shall be known as an 
‘Indian Energy Development Office’. 
‘‘(C) LOCATION.—The Secretary shall locate 
each Indian Energy Development Office— 
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