H. R. 6—176
have available scientific and technical information and exper-
tise, for use in the regulation, development, and management 
of energy resources of the Indian tribe on Indian land. 
‘‘(2) The Secretary may carry out paragraph (1)— 
‘‘(A) directly, through the use of Federal officials; or 
‘‘(B) indirectly, by providing financial assistance to an 
Indian tribe to secure independent assistance. 
‘‘SEC. 2604. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY 
INVOLVING ENERGY DEVELOPMENT OR TRANSMISSION. 
‘‘(a) LEASES AND BUSINESS AGREEMENTS.—In accordance with 
this section— 
‘‘(1) an Indian tribe may, at the discretion of the Indian 
tribe, enter into a lease or business agreement for the purpose 
of energy resource development on tribal land, including a 
lease or business agreement for— 
‘‘(A) exploration for, extraction of, processing of, or 
other development of the energy mineral resources of the 
Indian tribe located on tribal land; or 
‘‘(B) construction or operation of— 
‘‘(i) an electric generation, transmission, or dis-
tribution facility located on tribal land; or 
‘‘(ii) a facility to process or refine energy resources 
developed on tribal land; and 
‘‘(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— 
‘‘(A) the lease or business agreement is executed pursu-
ant to a tribal energy resource agreement approved by 
the Secretary under subsection (e); 
‘‘(B) the term of the lease or business agreement 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; and 
‘‘(C) the Indian tribe has entered into a tribal energy 
resource agreement with the Secretary, as described in 
subsection (e), relating to the development of energy 
resources on tribal land (including the periodic review and 
evaluation of the activities of the Indian tribe under the 
agreement, to be conducted pursuant to subsection 
(e)(2)(D)(i)). 
‘‘(b) RIGHTS-OF-WAY FOR PIPELINES OR ELECTRIC TRANSMISSION 
OR DISTRIBUTION LINES.—An Indian tribe may grant a right-of-
way over tribal land for a pipeline or an electric transmission 
or distribution line without review or approval by the Secretary 
if— 
‘‘(1) the right-of-way is executed in accordance with a tribal 
energy resource agreement approved by the Secretary under 
subsection (e); 
‘‘(2) the term of the right-of-way does not exceed 30 years; 
‘‘(3) the pipeline or electric transmission or distribution 
line serves—
H. R. 6—177
‘‘(A) an electric generation, transmission, or distribu-
tion facility located on tribal land; or 
‘‘(B) a facility located on tribal land that processes 
or refines energy resources developed on tribal land; and 
‘‘(4) the Indian tribe has entered into a tribal energy 
resource agreement with the Secretary, as described in sub-
section (e), relating to the development of energy resources 
on tribal land (including the periodic review and evaluation 
of the activities of the Indian tribe under an agreement 
described in subparagraphs (D) and (E) of subsection (e)(2)). 
‘‘(c) RENEWALS.—A lease or business agreement entered into, 
or a right-of-way granted, by an Indian tribe under this section 
may be renewed at the discretion of the Indian tribe in accordance 
with this section. 
‘‘(d) VALIDITY.—No lease, business agreement, or right-of-way 
relating to the development of tribal energy resources under this 
section shall be valid unless the lease, business agreement, or 
right-of-way is authorized by a tribal energy resource agreement 
approved by the Secretary under subsection (e)(2). 
‘‘(e) TRIBAL ENERGY RESOURCE AGREEMENTS.— 
‘‘(1) On the date on which regulations are promulgated 
under paragraph (8), an Indian tribe may submit to the Sec-
retary for approval a tribal energy resource agreement gov-
erning leases, business agreements, and rights-of-way under 
this section. 
‘‘(2)(A) Not later than 270 days after the date on which 
the Secretary receives a tribal energy resource agreement from 
an Indian tribe under paragraph (1), or not later than 60 
days after the Secretary receives a revised tribal energy 
resource agreement from an Indian tribe under paragraph 
(4)(C) (or a later date, as agreed to by the Secretary and 
the Indian tribe), the Secretary shall approve or disapprove 
the tribal energy resource agreement. 
‘‘(B) The Secretary shall approve a tribal energy resource 
agreement submitted under paragraph (1) if— 
‘‘(i) the Secretary determines that the Indian tribe 
has demonstrated that the Indian tribe has sufficient 
capacity to regulate the development of energy resources 
of the Indian tribe; 
‘‘(ii) the tribal energy resource agreement includes 
provisions required under subparagraph (D); and 
‘‘(iii) the tribal energy resource agreement includes 
provisions that, with respect to a lease, business agreement, 
or right-of-way under this section— 
‘‘(I) ensure the acquisition of necessary information 
from the applicant for the lease, business agreement, 
or right-of-way; 
‘‘(II) address the term of the lease or business 
agreement or the term of conveyance of the right-
of-way; 
‘‘(III) address amendments and renewals; 
‘‘(IV) address the economic return to the Indian 
tribe under leases, business agreements, and rights-
of-way; 
‘‘(V) address technical or other relevant require-
ments;
H. R. 6—178
‘‘(VI) establish requirements for environmental 
review in accordance with subparagraph (C); 
‘‘(VII) ensure compliance with all applicable 
environmental laws, including a requirement that each 
lease, business agreement, and right-of-way state that 
the lessee, operator, or right-of-way grantee shall 
comply with all such laws; 
‘‘(VIII) identify final approval authority; 
‘‘(IX) provide for public notification of final 
approvals; 
‘‘(X) establish a process for consultation with any 
affected States regarding off-reservation impacts, if 
any, identified under subparagraph (C)(i); 
‘‘(XI) describe the remedies for breach of the lease, 
business agreement, or right-of-way; 
‘‘(XII) require each lease, business agreement, and 
right-of-way to include a statement that, if any of 
its provisions violates an express term or requirement 
of the tribal energy resource agreement pursuant to 
which the lease, business agreement, or right-of-way 
was executed— 
‘‘(aa) the provision shall be null and void; and 
‘‘(bb) if the Secretary determines the provision 
to be material, the Secretary may suspend or 
rescind the lease, business agreement, or right-
of-way or take other appropriate action that the 
Secretary determines to be in the best interest 
of the Indian tribe; 
‘‘(XIII) require each lease, business agreement, and 
right-of-way to provide that it will become effective 
on the date on which a copy of the executed lease, 
business agreement, or right-of-way is delivered to the 
Secretary in accordance with regulations promulgated 
under paragraph (8); 
‘‘(XIV) include citations to tribal laws, regulations, 
or procedures, if any, that set out tribal remedies that 
must be exhausted before a petition may be submitted 
to the Secretary under paragraph (7)(B); 
‘‘(XV) specify the financial assistance, if any, to 
be provided by the Secretary to the Indian tribe to 
assist in implementation of the tribal energy resource 
agreement, including environmental review of indi-
vidual projects; and 
‘‘(XVI) in accordance with the regulations promul-
gated by the Secretary under paragraph (8), require 
that the Indian tribe, as soon as practicable after 
receipt of a notice by the Indian tribe, give written 
notice to the Secretary of— 
‘‘(aa) any breach or other violation by another 
party of any provision in a lease, business agree-
ment, or right-of-way entered into under the tribal 
energy resource agreement; and 
‘‘(bb) any activity or occurrence under a lease, 
business agreement, or right-of-way that con-
stitutes a violation of Federal or tribal environ-
mental laws.