157
priate Federal agencies, shall submit to Congress a report 
describing—
(1) the technical milestones set forth in section 
402 and how those milestones ensure progress to-
ward meeting the requirements of subsections 
(b)(1)(B) and (b)(2) of section 402; and 
(2) the status of projects funded under this 
subtitle. 
SEC. 404. CLEAN COAL CENTERS OF EXCELLENCE. 
As part of the program authorized in section 401, 
the Secretary shall award competitive, merit-based grants 
to universities for the establishment of Centers of Excel-
lence for Energy Systems of the Future. The Secretary 
shall provide grants to universities that show the greatest 
potential for advancing new clean coal technologies. 
Subtitle B—Clean Power Projects 
SEC. 411. COAL TECHNOLOGY LOAN. 
There are authorized to be appropriated to the Sec-
retary $125,000,000 to provide a loan to the owner of the 
experimental plant constructed under United States De-
partment of Energy cooperative agreement number DE–
FC–22–91PC90544 on such terms and conditions as the 
Secretary determines, including interest rates and upfront 
payments.
158
SEC. 412. COAL GASIFICATION. 
The Secretary is authorized to provide loan guaran-
tees for a project to produce energy from a plant using 
integrated gasification combined cycle technology of at 
least 400 megawatts in capacity that produces power at 
competitive rates in deregulated energy generation mar-
kets and that does not receive any subsidy (direct or indi-
rect) from ratepayers. 
SEC. 414. PETROLEUM COKE GASIFICATION. 
The Secretary is authorized to provide loan guaran-
tees for at least 5 petroleum coke gasification projects. 
SEC. 416. ELECTRON SCRUBBING DEMONSTRATION. 
The Secretary shall use $5,000,000 from amounts 
appropriated to initiate, through the Chicago Operations 
Office, a project to demonstrate the viability of high-en-
ergy electron scrubbing technology on commercial-scale 
electrical generation using high-sulfur coal. 
Subtitle D—Coal and Related 
Programs 
SEC. 441. CLEAN AIR COAL PROGRAM. 
(a) AMENDMENT.—The Energy Policy Act of 1992 
is amended by adding the following new title at the end 
thereof:
159
‘‘TITLE XXXI—CLEAN AIR COAL 
PROGRAM 
‘‘SEC. 3101. FINDINGS; PURPOSES; DEFINITIONS. 
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) new environmental regulations present ad-
ditional challenges for coal-fired electrical generation 
in the private marketplace; and 
‘‘(2) the Department of Energy, in cooperation 
with industry, has already fully developed and com-
mercialized several new clean-coal technologies that 
will allow the clean use of coal. 
‘‘(b) PURPOSES.—The purposes of this title are to—
‘‘(1) promote national energy policy and energy 
security, diversity, and economic competitiveness 
benefits that result from the increased use of coal; 
‘‘(2) mitigate financial risks, reduce the cost, 
and increase the marketplace acceptance of the new 
clean coal technologies; and 
‘‘(3) advance the deployment of pollution con-
trol equipment to meet the current and future obli-
gations of coal-fired generation units regulated 
under the Clean Air Act (42 U.S.C. 7402 and fol-
lowing).
160
‘‘SEC. 3102. AUTHORIZATION OF PROGRAM. 
‘‘The Secretary shall carry out a program to facilitate 
production and generation of coal-based power and the in-
stallation of pollution control equipment. 
‘‘SEC. 3103. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) POLLUTION CONTROL PROJECTS.—There are 
authorized 
to 
be 
appropriated 
to 
the 
Secretary 
$300,000,000 for fiscal year 2006, $100,000,000 for fis-
cal year 2007, $40,000,000 for fiscal year 2008, 
$30,000,000 for fiscal year 2009, and $30,000,000 for fis-
cal year 2010, to remain available until expended, for car-
rying out the program for pollution control projects, which 
may include—
‘‘(1) pollution control equipment and processes 
for the control of mercury air emissions; 
‘‘(2) pollution control equipment and processes 
for the control of nitrogen dioxide air emissions or 
sulfur dioxide emissions; 
‘‘(3) pollution control equipment and processes 
for the mitigation or collection of more than one pol-
lutant; 
‘‘(4) advanced combustion technology for the 
control of at least two pollutants, including mercury, 
particulate matter, nitrogen oxides, and sulfur diox-
ide, which may also be designed to improve the en-
ergy efficiency of the unit; and
161
‘‘(5) advanced pollution control equipment and 
processes designed to allow use of the waste byprod-
ucts or other byproducts of the equipment or an 
electrical generation unit designed to allow the use 
of byproducts. 
Funds appropriated under this subsection which are not 
awarded before fiscal year 2012 may be applied to projects 
under subsection (b), in addition to amounts authorized 
under subsection (b). 
‘‘(b) GENERATION PROJECTS.—There are authorized 
to be appropriated to the Secretary $250,000,000 for fis-
cal year 2007, $350,000,000 for fiscal year 2008, 
$400,000,000 for fiscal year 2009, $400,000,000 for fis-
cal year 2010, $400,000,000 for fiscal year 2011, 
$400,000,000 for fiscal year 2012, and $300,000,000 for 
fiscal year 2013, to remain available until expended, for 
generation projects and air pollution control projects. 
Such projects may include—
‘‘(1) coal-based electrical generation equipment 
and processes, including gasification combined cycle 
or other coal-based generation equipment and proc-
esses; 
‘‘(2) associated environmental control equip-
ment, that will be cost-effective and that is designed 
to meet anticipated regulatory requirements;
162
‘‘(3) coal-based electrical generation equipment 
and processes, including gasification fuel cells, gas-
ification coproduction, and hybrid gasification/com-
bustion projects; and 
‘‘(4) advanced coal-based electrical generation 
equipment and processes, including oxidation com-
bustion techniques, ultra-supercritical boilers, and 
chemical looping, which the Secretary determines 
will be cost-effective and could substantially con-
tribute to meeting anticipated environmental or en-
ergy needs. 
‘‘(c) LIMITATION.—Funds placed at risk during any 
fiscal year for Federal loans or loan guarantees pursuant 
to this title may not exceed 30 percent of the total funds 
obligated under this title. 
‘‘SEC. 3104. AIR POLLUTION CONTROL PROJECT CRITERIA. 
‘‘The Secretary shall pursuant to authorizations con-
tained in section 3103 provide funding for air pollution 
control projects designed to facilitate compliance with 
Federal and State environmental regulations, including 
any regulation that may be established with respect to 
mercury. 
‘‘SEC. 3105. CRITERIA FOR GENERATION PROJECTS. 
‘‘(a) CRITERIA.—The Secretary shall establish cri-
teria on which selection of individual projects described in
163
section 3103(b) should be based. The Secretary may mod-
ify the criteria as appropriate to reflect improvements in 
equipment, except that the criteria shall not be modified 
to be less stringent. These selection criteria shall include—
‘‘(1) prioritization of projects whose installation 
is likely to result in significant air quality improve-
ments in nonattainment air quality areas; 
‘‘(2) prioritization of projects that result in the 
repowering or replacement of older, less efficient 
units; 
‘‘(3) documented broad interest in the procure-
ment of the equipment and utilization of the proc-
esses used in the projects by electrical generator 
owners or operators; 
‘‘(4) equipment and processes beginning in 
2006 through 2011 that are projected to achieve an 
thermal efficiency of—
‘‘(A) 40 percent for coal of more than 
9,000 Btu per pound based on higher heating 
values; 
‘‘(B) 38 percent for coal of 7,000 to 9,000 
Btu per pound based on higher heating values; 
and 
‘‘(C) 36 percent for coal of less than 7,000 
Btu per pound based on higher heating values,
164
except that energy used for coproduction or cogen-
eration shall not be counted in calculating the ther-
mal efficiency under this paragraph; and 
‘‘(5) equipment and processes beginning in 
2012 and 2013 that are projected to achieve an 
thermal efficiency of—
‘‘(A) 45 percent for coal of more than 
9,000 Btu per pound based on higher heating 
values; 
‘‘(B) 44 percent for coal of 7,000 to 9,000 
Btu per pound based on higher heating values; 
and 
‘‘(C) 40 percent for coal of less than 7,000 
Btu per pound based on higher heating values, 
except that energy used for coproduction or cogen-
eration shall not be counted in calculating the ther-
mal efficiency under this paragraph. 
‘‘(b) SELECTION.—(1) In selecting the projects, up 
to 25 percent of the projects selected may be either co-
production or cogeneration or other gasification projects, 
but at least 25 percent of the projects shall be for the 
sole purpose of electrical generation, and priority should 
be given to equipment and projects less than 600 MW to 
foster and promote standard designs.
165
‘‘(2) The Secretary shall give priority to projects that 
have been developed and demonstrated that are not yet 
cost competitive, and for coal energy generation projects 
that advance efficiency, environmental performance, or 
cost competitiveness significantly beyond the level of pollu-
tion control equipment that is in operation on a full scale. 
‘‘SEC. 3106. FINANCIAL CRITERIA. 
‘‘(a) IN GENERAL.—The Secretary shall only provide 
financial assistance to projects that meet the requirements 
of sections 3103 and 3104 and are likely to—
‘‘(1) achieve overall cost reductions in the utili-
zation of coal to generate useful forms of energy; 
and 
‘‘(2) improve the competitiveness of coal in 
order to maintain a diversity of domestic fuel choices 
in the United States to meet electricity generation 
requirements. 
‘‘(b) CONDITIONS.—The Secretary shall not provide 
a funding award under this title unless—
‘‘(1) the award recipient is financially viable 
without the receipt of additional Federal funding; 
and 
‘‘(2) the recipient provides sufficient informa-
tion to the Secretary for the Secretary to ensure
166
that the award funds are spent efficiently and effec-
tively. 
‘‘(c) EQUAL ACCESS.—The Secretary shall, to the ex-
tent practical, utilize cooperative agreement, loan guar-
antee, and direct Federal loan mechanisms designed to en-
sure that all electrical generation owners have equal access 
to these technology deployment incentives. The Secretary 
shall develop and direct a competitive solicitation process 
for the selection of technologies and projects under this 
title. 
‘‘SEC. 3107. FEDERAL SHARE. 
‘‘The Federal share of the cost of a coal or related 
technology project funded by the Secretary under this title 
shall not exceed 50 percent. For purposes of this title, 
Federal funding includes only appropriated funds. 
‘‘SEC. 3108. APPLICABILITY. 
‘‘No technology, or level of emission reduction, shall 
be treated as adequately demonstrated for purposes of sec-
tion 111 of the Clean Air Act (42 U.S.C. 7411), achievable 
for purposes of section 169 of the Clean Air Act (42 
U.S.C. 7479), or achievable in practice for purposes of 
section 171 of the Clean Air Act (42 U.S.C. 7501) solely 
by reason of the use of such technology, or the achieve-
ment of such emission reduction, by one or more facilities 
receiving assistance under this title.’’.
167
(b) TABLE OF CONTENTS AMENDMENT.—The table 
of contents of the Energy Policy Act of 1992 is amended 
by adding at the end the following:
‘‘TITLE XXXI—CLEAN AIR COAL PROGRAM 
‘‘Sec. 3101. Findings; purposes; definitions. 
‘‘Sec. 3102. Authorization of program. 
‘‘Sec. 3103. Authorization of appropriations. 
‘‘Sec. 3104. Air pollution control project criteria. 
‘‘Sec. 3105. Criteria for generation projects. 
‘‘Sec. 3106. Financial criteria. 
‘‘Sec. 3107. Federal share. 
‘‘Sec. 3108. Applicability.’’.
TITLE V—INDIAN ENERGY 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Indian Tribal Energy 
Development and Self-Determination Act of 2005’’. 
SEC. 502. OFFICE OF INDIAN ENERGY POLICY AND PRO-
GRAMS. 
(a) IN GENERAL.—Title II of the Department of En-
ergy Organization Act (42 U.S.C. 7131 et seq.) is amend-
ed by adding at the end the following: 
‘‘OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS 
‘‘SEC. 217. (a) ESTABLISHMENT.—There is estab-
lished within the Department an Office of Indian Energy 
Policy and Programs (referred to in this section as the 
‘Office’). The Office shall be headed by a Director, who 
shall be appointed by the Secretary and compensated at 
a rate equal to that of level IV of the Executive Schedule 
under section 5315 of title 5, United States Code.
168
‘‘(b) DUTIES OF DIRECTOR.—The Director, in ac-
cordance with Federal policies promoting Indian self-de-
termination and the purposes of this Act, shall provide, 
direct, foster, coordinate, and implement energy planning, 
education, management, conservation, and delivery pro-
grams of the Department that—
‘‘(1) promote Indian tribal energy development, 
efficiency, and use; 
‘‘(2) reduce or stabilize energy costs; 
‘‘(3) enhance and strengthen Indian tribal en-
ergy and economic infrastructure relating to natural 
resource development and electrification; and 
‘‘(4) bring electrical power and service to In-
dian land and the homes of tribal members located 
on Indian lands or acquired, constructed, or im-
proved (in whole or in part) with Federal funds.’’. 
(b) CONFORMING AMENDMENTS.—
(1) The table of contents of the Department of 
Energy Organization Act (42 U.S.C. prec. 7101) is 
amended—
(A) in the item relating to section 209, by 
striking ‘‘Section’’ and inserting ‘‘Sec.’’; and 
(B) by striking the items relating to sec-
tions 213 through 216 and inserting the fol-
lowing:
169
‘‘Sec. 213. Establishment of policy for National Nuclear Security Administra-
tion. 
‘‘Sec. 214. Establishment of security, counterintelligence, and intelligence poli-
cies. 
‘‘Sec. 215. Office of Counterintelligence. 
‘‘Sec. 216. Office of Intelligence. 
‘‘Sec. 217. Office of Indian Energy Policy and Programs.’’.
(2) Section 5315 of title 5, United States Code, 
is amended by inserting ‘‘Director, Office of Indian 
Energy Policy and Programs, Department of En-
ergy.’’ after ‘‘Inspector General, Department of En-
ergy.’’. 
SEC. 503. INDIAN ENERGY. 
(a) IN GENERAL.—Title XXVI of the Energy Policy 
Act of 1992 (25 U.S.C. 3501 et seq.) is amended to read 
as follows: 
‘‘TITLE XXVI—INDIAN ENERGY 
‘‘SEC. 2601. DEFINITIONS. 
‘‘For purposes of this title: 
‘‘(1) The term ‘Director’ means the Director of 
the Office of Indian Energy Policy and Programs, 
Department of Energy. 
‘‘(2) The term ‘Indian land’ means—
‘‘(A) any land located within the bound-
aries of an Indian reservation, pueblo, or 
rancheria; 
‘‘(B) any land not located within the 
boundaries of an Indian reservation, pueblo, or 
rancheria, the title to which is held—
170
‘‘(i) in trust by the United States for 
the benefit of an Indian tribe or an indi-
vidual Indian; 
‘‘(ii) by an Indian tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
‘‘(iii) by a dependent Indian commu-
nity; and 
‘‘(C) land that is owned by an Indian tribe 
and was conveyed by the United States to a 
Native Corporation pursuant to the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et 
seq.), or that was conveyed by the United 
States to a Native Corporation in exchange for 
such land. 
‘‘(3) The term ‘Indian reservation’ includes—
‘‘(A) an Indian reservation in existence in 
any State or States as of the date of enactment 
of this paragraph; 
‘‘(B) a public domain Indian allotment; 
and 
‘‘(C) a dependent Indian community lo-
cated within the borders of the United States,
171
regardless of whether the community is lo-
cated—
‘‘(i) on original or acquired territory 
of the community; or 
‘‘(ii) within or outside the boundaries 
of any particular State. 
‘‘(4) The term ‘Indian tribe’ has the meaning 
given the term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 
450b), except that the term ‘Indian tribe’, for the 
purpose of paragraph (11) and sections 2603(b)(3) 
and 2604, shall not include any Native Corporation. 
‘‘(5) The term ‘integration of energy resources’ 
means any project or activity that promotes the loca-
tion and operation of a facility (including any pipe-
line, gathering system, transportation system or fa-
cility, or electric transmission or distribution facility) 
on or near Indian land to process, refine, generate 
electricity from, or otherwise develop energy re-
sources on, Indian land. 
‘‘(6) The term ‘Native Corporation’ has the 
meaning given the term in section 3 of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1602). 
‘‘(7) The term ‘organization’ means a partner-
ship, joint venture, limited liability company, or
172
other unincorporated association or entity that is es-
tablished to develop Indian energy resources. 
‘‘(8) The term ‘Program’ means the Indian en-
ergy resource development program established 
under section 2602(a). 
‘‘(9) The term ‘Secretary’ means the Secretary 
of the Interior. 
‘‘(10) The term ‘tribal energy resource develop-
ment organization’ means an 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 au-
thorized by section 2602. 
‘‘(11) The term ‘tribal land’ means any land or 
interests in land owned by any Indian tribe, title to 
which is held in trust by the United States or which 
is subject to a restriction against alienation under 
laws of the United States. 
‘‘SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOP-
MENT. 
‘‘(a) DEPARTMENT OF THE INTERIOR PROGRAM.—
‘‘(1) To assist Indian tribes in the development 
of energy resources and further the goal of Indian 
self-determination, the Secretary shall establish and
173
implement an Indian energy resource development 
program to assist consenting Indian tribes and tribal 
energy resource development organizations in achiev-
ing the purposes of this title. 
‘‘(2) In carrying out the Program, the Sec-
retary shall—
‘‘(A) provide development grants to Indian 
tribes and tribal energy resource development 
organizations for use in developing or obtaining 
the managerial and technical capacity needed to 
develop energy resources on Indian land, and to 
properly account for resulting energy produc-
tion and revenues; 
‘‘(B) provide grants to Indian tribes and 
tribal energy resource development organiza-
tions for use in carrying out projects to pro-
mote the integration of energy resources, and to 
process, use, or develop those energy resources, 
on Indian land; and 
‘‘(C) provide low-interest loans to Indian 
tribes and tribal energy resource development 
organizations for use in the promotion of en-
ergy resource development on Indian land and 
integration of energy resources.
174
‘‘(3) There are authorized to be appropriated to 
carry out this subsection such sums as are necessary 
for each of fiscal years 2006 through 2016. 
‘‘(b) DEPARTMENT
OF ENERGY INDIAN ENERGY 
EDUCATION PLANNING AND MANAGEMENT ASSISTANCE 
PROGRAM.—
‘‘(1) The Director shall establish programs to 
assist consenting Indian tribes in meeting energy 
education, research and development, planning, and 
management needs. 
‘‘(2) In carrying out this subsection, the Direc-
tor may provide grants, on a competitive basis, to an 
Indian tribe or tribal energy resource development 
organization for use in carrying out—
‘‘(A) energy, energy efficiency, and energy 
conservation programs; 
‘‘(B) studies and other activities sup-
porting tribal acquisitions of energy supplies, 
services, and facilities; 
‘‘(C) planning, construction, development, 
operation, maintenance, and improvement of 
tribal electrical generation, transmission, and 
distribution facilities located on Indian land; 
and
175
‘‘(D) development, construction, and inter-
connection of electric power transmission facili-
ties located on Indian land with other electric 
transmission facilities. 
‘‘(3)(A) The Director may develop, in consulta-
tion with Indian tribes, a formula for providing 
grants under this subsection. 
‘‘(B) In providing a grant under this sub-
section, the Director shall give priority to an applica-
tion received from an Indian tribe with inadequate 
electric service (as determined by the Director). 
‘‘(4) The Secretary of Energy may issue such 
regulations as necessary to carry out this subsection. 
‘‘(5) There are authorized to be appropriated to 
carry out this subsection $20,000,000 for each of 
fiscal years 2006 through 2016. 
‘‘(c) DEPARTMENT OF ENERGY LOAN GUARANTEE 
PROGRAM.—
‘‘(1) Subject to paragraph (3), the Secretary of 
Energy may provide loan guarantees (as defined in 
section 502 of the Federal Credit Reform Act of 
1990 (2 U.S.C. 661a)) for not more than 90 percent 
of the unpaid principal and interest due on any loan 
made to any Indian tribe for energy development.
176
‘‘(2) A loan guarantee under this subsection 
shall be made by—
‘‘(A) a financial institution subject to ex-
amination by the Secretary of Energy; or 
‘‘(B) an Indian tribe, from funds of the In-
dian tribe. 
‘‘(3) The aggregate outstanding amount guar-
anteed by the Secretary of Energy at any time under 
this subsection shall not exceed $2,000,000,000. 
‘‘(4) The Secretary of Energy may issue such 
regulations as the Secretary of Energy determines 
are necessary to carry out this subsection. 
‘‘(5) There are authorized to be appropriated 
such sums as are necessary to carry out this sub-
section, to remain available until expended. 
‘‘(6) Not later than 1 year from the date of en-
actment of this section, the Secretary of Energy 
shall report to Congress on the financing require-
ments of Indian tribes for energy development on In-
dian land. 
‘‘(d) FEDERAL AGENCIES-INDIAN ENERGY PREF-
ERENCE.—
‘‘(1) In purchasing electricity or any other en-
ergy product or byproduct, a Federal agency or de-
partment may give preference to an energy and re-
177
source production enterprise, partnership, consor-
tium, corporation, or other type of business organi-
zation the majority of the interest in which is owned 
and controlled by 1 or more Indian tribes. 
‘‘(2) In carrying out this subsection, a Federal 
agency or department shall not—
‘‘(A) pay more than the prevailing market 
price for an energy product or byproduct; or 
‘‘(B) obtain less than prevailing market 
terms and conditions. 
‘‘SEC. 2603. INDIAN TRIBAL ENERGY RESOURCE REGULA-
TION. 
‘‘(a) GRANTS.—The Secretary may provide to Indian 
tribes, on an annual basis, grants for use in accordance 
with subsection (b). 
‘‘(b) USE OF FUNDS.—Funds from a grant provided 
under this section may be used—
‘‘(1) by an Indian tribe for the development of 
a tribal energy resource inventory or tribal energy 
resource on Indian land; 
‘‘(2) by an Indian tribe for the development of 
a feasibility study or other report necessary to the 
development of energy resources on Indian land; 
‘‘(3) by an Indian tribe (other than an Indian 
Tribe in Alaska except the Metlakatla Indian Com-
178
munity) for the development and enforcement of 
tribal laws (including regulations) relating to tribal 
energy resource development and the development of 
technical infrastructure to protect the environment 
under applicable law; or 
‘‘(4) by a Native Corporation for the develop-
ment and implementation of corporate policies and 
the development of technical infrastructure to pro-
tect the environment under applicable law; and 
‘‘(5) by an Indian tribe for the training of em-
ployees that—
‘‘(A) are engaged in the development of en-
ergy resources on Indian land; or 
‘‘(B) are responsible for protecting the en-
vironment. 
‘‘(c) OTHER ASSISTANCE.—In carrying out the obli-
gations of the United States under this title, the Secretary 
shall ensure, to the maximum extent practicable and to 
the extent of available resources, that upon the request 
of an Indian tribe, the Indian tribe shall have available 
scientific and technical information and expertise, for use 
in the Indian tribe’s regulation, development, and manage-
ment of energy resources on Indian land. The Secretary 
may fulfill this responsibility either directly, through the 
use of Federal officials, or indirectly, by providing finan-
179
cial assistance to the 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.—Subject 
to the provisions of this section—
‘‘(1) an Indian tribe may, at its discretion, 
enter into a lease or business agreement for the pur-
pose of energy resource development on tribal land, 
including a lease or business agreement for—
‘‘(A) exploration for, extraction of, proc-
essing of, or other development of the Indian 
tribe’s energy mineral resources located on trib-
al land; and 
‘‘(B) construction or operation of an elec-
tric generation, transmission, or distribution fa-
cility located on tribal land or a facility to proc-
ess or refine energy resources developed on trib-
al land; and 
‘‘(2) such lease or business agreement described 
in paragraph (1) shall not require the approval of 
the Secretary under section 2103 of the Revised 
Statutes (25 U.S.C. 81) or any other provision of 
law, if—
180
‘‘(A) the lease or business agreement is ex-
ecuted pursuant 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 pro-
duction 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 Sec-
retary, as described in subsection (e), relating 
to the development of energy resources on tribal 
land (including the periodic review and evalua-
tion of the activities of the Indian tribe under 
the agreement, to be conducted pursuant to the 
provisions required by 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 pipe-
line or an electric transmission or distribution line without 
approval by the Secretary if—
181
‘‘(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 ex-
ceed 30 years; 
‘‘(3) the pipeline or electric transmission or dis-
tribution line serves—
‘‘(A) an electric generation, transmission, 
or distribution 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 de-
scribed in subsection (e), relating to the development 
of energy resources on tribal land (including the 
periodic review and evaluation of the Indian tribe’s 
activities under such agreement described in sub-
paragraphs (D) and (E) of subsection (e)(2)). 
‘‘(c) RENEWALS.—A lease or business agreement en-
tered 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