H. R. 6—179
‘‘(C) Tribal energy resource agreements submitted 
under paragraph (1) shall establish, and include provisions 
to ensure compliance with, an environmental review 
process that, with respect to a lease, business agreement, 
or right-of-way under this section, provides for, at a min-
imum— 
‘‘(i) the identification and evaluation of all signifi-
cant environmental effects (as compared to a no-action 
alternative), including effects on cultural resources; 
‘‘(ii) the identification of proposed mitigation meas-
ures, if any, and incorporation of appropriate mitiga-
tion measures into the lease, business agreement, or 
right-of-way; 
‘‘(iii) a process for ensuring that— 
‘‘(I) the public is informed of, and has an oppor-
tunity to comment on, the environmental impacts 
of the proposed action; and 
‘‘(II) responses to relevant and substantive 
comments are provided, before tribal approval of 
the lease, business agreement, or right-of-way; 
‘‘(iv) sufficient administrative support and tech-
nical capability to carry out the environmental review 
process; and 
‘‘(v) oversight by the Indian tribe of energy develop-
ment activities by any other party under any lease, 
business agreement, or right-of-way entered into 
pursuant to the tribal energy resource agreement, to 
determine whether the activities are in compliance 
with the tribal energy resource agreement and 
applicable Federal environmental laws. 
‘‘(D) A tribal energy resource agreement between the 
Secretary and an Indian tribe under this subsection shall 
include— 
‘‘(i) provisions requiring the Secretary to conduct 
a periodic review and evaluation to monitor the 
performance of the activities of the Indian tribe associ-
ated with the development of energy resources under 
the tribal energy resource agreement; and 
‘‘(ii) if a periodic review and evaluation, or an 
investigation, by the Secretary of any breach or viola-
tion described in a notice provided by the Indian tribe 
to the Secretary in accordance with subparagraph 
(B)(iii)(XVI), results in a finding by the Secretary of 
imminent jeopardy to a physical trust asset arising 
from a violation of the tribal energy resource agree-
ment or applicable Federal laws, provisions authorizing 
the Secretary to take actions determined by the Sec-
retary to be necessary to protect the asset, including 
reassumption of responsibility for activities associated 
with the development of energy resources on tribal 
land until the violation and any condition that caused 
the jeopardy are corrected. 
‘‘(E) Periodic review and evaluation under subpara-
graph (D) shall be conducted on an annual basis, except 
that, after the third annual review and evaluation, the 
Secretary and the Indian tribe may mutually agree to 
amend the tribal energy resource agreement to authorize
H. R. 6—180
the review and evaluation under subparagraph (D) to be 
conducted once every 2 years. 
‘‘(3) The Secretary shall provide notice and opportunity 
for public comment on tribal energy resource agreements sub-
mitted for approval under paragraph (1). The Secretary’s review 
of a tribal energy resource agreement shall be limited to activi-
ties specified by the provisions of the tribal energy resource 
agreement. 
‘‘(4) If the Secretary disapproves a tribal energy resource 
agreement submitted by an Indian tribe under paragraph (1), 
the Secretary shall, not later than 10 days after the date 
of disapproval— 
‘‘(A) notify the Indian tribe in writing of the basis 
for the disapproval; 
‘‘(B) identify what changes or other actions are required 
to address the concerns of the Secretary; and 
‘‘(C) provide the Indian tribe with an opportunity to 
revise and resubmit the tribal energy resource agreement. 
‘‘(5) If an Indian tribe executes a lease or business agree-
ment, or grants a right-of-way, in accordance with a tribal 
energy resource agreement approved under this subsection, 
the Indian tribe shall, in accordance with the process and 
requirements under regulations promulgated under paragraph 
(8), provide to the Secretary— 
‘‘(A) a copy of the lease, business agreement, or right-
of-way document (including all amendments to and 
renewals of the document); and 
‘‘(B) in the case of a tribal energy resource agreement 
or a lease, business agreement, or right-of-way that permits 
payments to be made directly to the Indian tribe, informa-
tion and documentation of those payments sufficient to 
enable the Secretary to discharge the trust responsibility 
of the United States to enforce the terms of, and protect 
the rights of the Indian tribe under, the lease, business 
agreement, or right-of-way. 
‘‘(6)(A) In carrying out this section, the Secretary shall— 
‘‘(i) act in accordance with the trust responsibility of 
the United States relating to mineral and other trust 
resources; and 
‘‘(ii) act in good faith and in the best interests of 
the Indian tribes. 
‘‘(B) Subject to the provisions of subsections (a)(2), (b), 
and (c) waiving the requirement of Secretarial approval of 
leases, business agreements, and rights-of-way executed pursu-
ant to tribal energy resource agreements approved under this 
section, and the provisions of subparagraph (D), nothing in 
this section shall absolve the United States from any responsi-
bility to Indians or Indian tribes, including, but not limited 
to, those which derive from the trust relationship or from 
any treaties, statutes, and other laws of the United States, 
Executive orders, or agreements between the United States 
and any Indian tribe. 
‘‘(C) The Secretary shall continue to fulfill the trust obliga-
tion of the United States to ensure that the rights and interests 
of an Indian tribe are protected if— 
‘‘(i) any other party to a lease, business agreement, 
or right-of-way violates any applicable Federal law or the
H. R. 6—181
terms of any lease, business agreement, or right-of-way 
under this section; or 
‘‘(ii) any provision in a lease, business agreement, or 
right-of-way violates the tribal energy resource agreement 
pursuant to which the lease, business agreement, or right-
of-way was executed. 
‘‘(D)(i) In this subparagraph, the term ‘negotiated term’ 
means any term or provision that is negotiated by an Indian 
tribe and any other party to a lease, business agreement, or 
right-of-way entered into pursuant to an approved tribal energy 
resource agreement. 
‘‘(ii) Notwithstanding subparagraph (B), the United States 
shall not be liable to any party (including any Indian tribe) 
for any negotiated term of, or any loss resulting from the 
negotiated terms of, a lease, business agreement, or right-
of-way executed pursuant to and in accordance with a tribal 
energy resource agreement approved by the Secretary under 
paragraph (2). 
‘‘(7)(A) In this paragraph, the term ‘interested party’ means 
any person (including an entity) that has demonstrated that 
an interest of the person has sustained, or will sustain, an 
adverse environmental impact as a result of the failure of 
an Indian tribe to comply with a tribal energy resource agree-
ment of the Indian tribe approved by the Secretary under 
paragraph (2). 
‘‘(B) After exhaustion of any tribal remedy, and in accord-
ance with regulations promulgated by the Secretary under para-
graph (8), an interested party may submit to the Secretary 
a petition to review the compliance by an Indian tribe with 
a tribal energy resource agreement of the Indian tribe approved 
by the Secretary under paragraph (2). 
‘‘(C)(i) Not later than 20 days after the date on which 
the Secretary receives a petition under subparagraph (B), the 
Secretary shall— 
‘‘(I) provide to the Indian tribe a copy of the petition; 
and 
‘‘(II) consult with the Indian tribe regarding any non-
compliance alleged in the petition. 
‘‘(ii) Not later than 45 days after the date on which a 
consultation under clause (i)(II) takes place, the Indian tribe 
shall respond to any claim made in a petition under subpara-
graph (B). 
‘‘(iii) The Secretary shall act in accordance with subpara-
graphs (D) and (E) only if the Indian tribe— 
‘‘(I) denies, or fails to respond to, each claim made 
in the petition within the period described in clause (ii); 
or 
‘‘(II) fails, refuses, or is unable to cure or otherwise 
resolve each claim made in the petition within a reasonable 
period, as determined by the Secretary, after the expiration 
of the period described in clause (ii). 
‘‘(D)(i) Not later than 120 days after the date on which 
the Secretary receives a petition under subparagraph (B), the 
Secretary shall determine whether the Indian tribe is not in 
compliance with the tribal energy resource agreement. 
‘‘(ii) The Secretary may adopt procedures under paragraph 
(8) authorizing an extension of time, not to exceed 120 days,