(B) seeks judicial review of a final agency 
action (as defined in section 702 of title 5, 
United States Code), to issue a permit, license, 
or other form of agency permission allowing: 
(i) any person or entity to conduct ac-
tivities on Indian Land, which activities 
involve the exploration, development, pro-
duction or transportation of oil, gas, coal, 
shale gas, oil shale, geothermal resources, 
wind or solar resources, underground coal 
gasification, biomass, or the generation of 
electricity, or 
(ii) any Indian Tribe, or any organi-
zation of two or more entities, at least one 
of which is an Indian tribe, to conduct ac-
tivities involving the exploration, develop-
ment, production or transportation of oil, 
gas, coal, shale gas, oil shale, geothermal re-
sources, wind or solar resources, under-
ground coal gasification, biomass, or the 
generation of electricity, regardless of where 
such activities are undertaken. 
(4) ULTIMATELY PREVAIL ON THE MERITS.—The 
phrase ‘‘Ultimately prevail on the merits’’ means, in 
a final enforceable judgment on the merits, the court 
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rules in the plaintiff’s favor on at least one cause of 
action which is an underlying rationale for the pre-
liminary injunction, and does not include cir-
cumstances where the final agency action is modified 
or amended by the issuing agency unless such modi-
fication or amendment is required pursuant to a 
final enforceable judgment of the court or a court-or-
dered consent decree. 
SEC. 9. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
The Tribal Forest Protection Act of 2004 (25 U.S.C. 
3115a) is amended by inserting after section 2 the fol-
lowing: 
‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
‘‘(a) IN GENERAL.—For each of fiscal years 2013 
through 2017, the Secretary shall enter into stewardship 
contracts or other agreements, other than agreements that 
are exclusively direct service contracts, with Indian tribes 
to carry out demonstration projects to promote biomass en-
ergy production (including biofuel, heat, and electricity 
generation) on Indian forest land and in nearby commu-
nities by providing reliable supplies of woody biomass from 
Federal land. 
‘‘(b) DEFINITIONS.—The definitions in section 2 shall 
apply to this section. 
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‘‘(c) DEMONSTRATION PROJECTS.—In each fiscal year 
for which projects are authorized, the Secretary shall enter 
into contracts or other agreements described in subsection 
(a) to carry out at least 4 new demonstration projects that 
meet the eligibility criteria described in subsection (d). 
‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to enter 
into a contract or other agreement under this subsection, 
an Indian tribe shall submit to the Secretary an applica-
tion— 
‘‘(1) containing such information as the Sec-
retary 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. 
‘‘(e) SELECTION.—In evaluating the applications sub-
mitted under subsection (c), the Secretary— 
‘‘(1) shall take into consideration the factors set 
forth in paragraphs (1) and (2) of section 2(e) of 
Public Law 108–278; and whether a proposed dem-
onstration project would— 
‘‘(A) increase the availability or reliability 
of local or regional energy; 
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‘‘(B) enhance the economic development of 
the Indian tribe; 
‘‘(C) improve the connection of electric 
power transmission facilities serving the Indian 
tribe with other electric transmission facilities; 
‘‘(D) improve the forest health or watersheds 
of Federal land or Indian forest land or range-
land; or 
‘‘(E) otherwise promote the use of woody 
biomass; and 
‘‘(2) shall exclude from consideration any mer-
chantable logs that have been identified by the Sec-
retary for commercial sale. 
‘‘(f) IMPLEMENTATION.—The Secretary shall— 
‘‘(1) ensure that the criteria described in sub-
section (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 orga-
nizations likely to be affected in developing the appli-
cation and otherwise carrying out this section. 
‘‘(g) REPORT.—Not later than September 20, 2015, the 
Secretary shall submit to Congress a report that describes, 
with respect to the reporting period— 
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‘‘(1) each individual tribal application received 
under this section; and 
‘‘(2) each contract and agreement entered into 
pursuant to this section. 
‘‘(h) 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 ex-
tent practicable, management plans (including forest man-
agement and integrated resource management plans) in ef-
fect on the Indian forest land or rangeland of the respective 
Indian tribe. 
‘‘(i) TERM.—A stewardship contract or other agree-
ment 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 sec-
tion for not more than an additional 10 years.’’. 
SEC. 10. TRIBAL RESOURCE MANAGEMENT PLANS. 
Unless otherwise explicitly exempted by Federal law 
enacted after the date of the enactment of this Act, any ac-
tivity conducted or resources harvested or produced pursu-
ant to a tribal resource management plan or an integrated 
resource management plan approved by the Secretary of the 
Interior under the National Indian Forest Resources Man-
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