157 
‘‘(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 Fed-
eral 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 criteria 
on which selection of individual projects described in section 
3103(b) should be based. The Secretary may modify the cri-
teria as appropriate to reflect improvements in equipment, 
except that the criteria shall not be modified to be less strin-
gent. 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 processes
158 
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, 
except that energy used for coproduction or cogenera-
tion shall not be counted in calculating the thermal 
efficiency under this paragraph; and 
‘‘(5) equipment and processes beginning in 2012 
and 2013 that are projected to achieve an thermal ef-
ficiency 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,
159 
except that energy used for coproduction or cogenera-
tion shall not be counted in calculating the thermal 
efficiency under this paragraph. 
‘‘(b) SELECTION.—(1) In selecting the projects, up to 
25 percent of the projects selected may be either coproduc-
tion 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 pro-
mote standard designs. 
‘‘(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 ad-
vance efficiency, environmental performance, or cost com-
petitiveness significantly beyond the level of pollution con-
trol 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
160 
United States to meet electricity generation require-
ments. 
‘‘(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 information 
to the Secretary for the Secretary to ensure that the 
award funds are spent efficiently and effectively. 
‘‘(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 tech-
nology 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 section
161 
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 achievement of such emis-
sion reduction, by one or more facilities receiving assistance 
under this title.’’. 
(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 amended 
by adding at the end the following:
162 
‘‘OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS 
‘‘SEC. 217. (a) ESTABLISHMENT.—There is established 
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 ap-
pointed 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. 
‘‘(b) DUTIES OF DIRECTOR.—The Director, in accord-
ance with Federal policies promoting Indian self-deter-
mination and the purposes of this Act, shall provide, direct, 
foster, coordinate, and implement energy planning, edu-
cation, management, conservation, and delivery programs 
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 Indian 
land and the homes of tribal members located on In-
dian lands or acquired, constructed, or improved (in 
whole or in part) with Federal funds.’’. 
(b) CONFORMING AMENDMENTS.—
163 
(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 sections 
213 through 216 and inserting the following: 
‘‘Sec. 213. Establishment of policy for National Nuclear Security Administration. 
‘‘Sec. 214. Establishment of security, counterintelligence, and intelligence policies. 
‘‘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 after ‘‘Inspector General, De-
partment of Energy.’’ the following: 
‘‘Director, Office of Indian Energy Policy 
and Programs, Department of Energy.’’ 
§ 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—
164 
‘‘(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— 
‘‘(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 Na-
tive Corporation pursuant to the Alaska Native 
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;
165 
‘‘(B) a public domain Indian allotment; 
and 
‘‘(C) a dependent Indian community lo-
cated within the borders of the United States, re-
gardless of whether the community is located— 
‘‘(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 pur-
pose 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 facil-
ity, or electric transmission or distribution facility) 
on or near Indian land to process, refine, generate 
electricity from, or otherwise develop energy resources 
on, Indian land.
166 
‘‘(6) The term ‘Native Corporation’ has the 
meaning given the term in section 3 of the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1602). 
‘‘(7) The term ‘organization’ means a partner-
ship, joint venture, limited liability company, or 
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 author-
ized 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.
167 
‘‘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 im-
plement an Indian energy resource development pro-
gram to assist consenting Indian tribes and tribal en-
ergy resource development organizations in achieving 
the purposes of this title. 
‘‘(2) In carrying out the Program, the Secretary 
shall— 
‘‘(A) provide development grants to Indian 
tribes and tribal energy resource development or-
ganizations 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 production 
and revenues; 
‘‘(B) provide grants to Indian tribes and 
tribal energy resource development organizations 
for use in carrying out projects to promote the 
integration of energy resources, and to process, 
use, or develop those energy resources, on Indian 
land; and
168 
‘‘(C) provide low-interest loans to Indian 
tribes and tribal energy resource development or-
ganizations for use in the promotion of energy 
resource development on Indian land and inte-
gration of energy resources. 
‘‘(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 EDU-
CATION PLANNING AND MANAGEMENT ASSISTANCE PRO-
GRAM.— 
‘‘(1) The Director shall establish programs to as-
sist consenting Indian tribes in meeting energy edu-
cation, research and development, planning, and 
management needs. 
‘‘(2) In carrying out this subsection, the Director 
may provide grants, on a competitive basis, to an In-
dian tribe or tribal energy resource development orga-
nization for use in carrying out— 
‘‘(A) energy, energy efficiency, and energy 
conservation programs; 
‘‘(B) studies and other activities supporting 
tribal acquisitions of energy supplies, services, 
and facilities;
169 
‘‘(C) planning, construction, development, 
operation, maintenance, and improvement of 
tribal electrical generation, transmission, and 
distribution facilities located on Indian land; 
and 
‘‘(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 subsection, 
the Director shall give priority to an application re-
ceived 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
170 
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. 
‘‘(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 guaran-
teed 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 requirements of 
Indian tribes for energy development on Indian land. 
‘‘(d) FEDERAL AGENCIES—INDIAN ENERGY PREF-
ERENCE.—
171 
‘‘(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-
source production enterprise, partnership, consortium, 
corporation, or other type of business organization the 
majority of the interest in which is owned and con-
trolled 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 re-
source on Indian land;
172 
‘‘(2) by an Indian tribe for the development of 
a feasibility study or other report necessary to the de-
velopment of energy resources on Indian land; 
‘‘(3) by an Indian tribe (other than an Indian 
Tribe in Alaska except the Metlakatla Indian Com-
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 ap-
plicable law; or 
‘‘(4) by a Native Corporation for the develop-
ment and implementation of corporate policies and 
the development of technical infrastructure to protect 
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 envi-
ronment. 
‘‘(c) OTHER ASSISTANCE.—In carrying out the obliga-
tions 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
173 
and technical information and expertise, for use in the In-
dian tribe’s regulation, development, and management of 
energy resources on Indian land. The Secretary may fulfill 
this responsibility either directly, through the use of Federal 
officials, or indirectly, by providing financial 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 purpose 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 tribal 
land; and 
‘‘(B) construction or operation of an electric 
generation, transmission, or distribution facility 
located on tribal land or a facility to process or 
refine energy resources developed on tribal land; 
and
174 
‘‘(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— 
‘‘(A) the lease or business agreement is exe-
cuted pursuant to a tribal energy resource agree-
ment approved by the Secretary under subsection 
(e); 
‘‘(B) the term of the lease or business agree-
ment 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)).
175 
‘‘(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 ap-
proval 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 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 peri-
odic review and evaluation of the Indian tribe’s ac-
tivities under such agreement described in subpara-
graphs (D) and (E) of subsection (e)(2)).
176 
‘‘(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 re-
sources pursuant to the provisions of this section shall be 
valid unless the lease, business agreement, or right-of-way 
is authorized by the provisions of a tribal energy resource 
agreement approved by the Secretary under subsection 
(e)(2). 
‘‘(e) TRIBAL ENERGY RESOURCE AGREEMENTS.— 
‘‘(1) On issuance of regulations under paragraph 
(8), an Indian tribe may submit to the Secretary for 
approval a tribal energy resource agreement gov-
erning leases, business agreements, and rights-of-way 
under this section. 
‘‘(2)(A) Not later than 180 days after the date 
on which the Secretary receives a tribal energy re-
source agreement submitted by an Indian tribe under 
paragraph (1), or not later than 60 days after the 
Secretary receives a revised tribal energy resource 
agreement submitted by an Indian tribe under para-
graph (4)(C), (or such later date as may be agreed to 
by the Secretary and the Indian tribe), the Secretary
177 
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 In-
dian tribe has demonstrated that the Indian 
tribe has sufficient capacity to regulate the devel-
opment 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 convey-
ance of the right-of-way; 
‘‘(III) address amendments and renew-
als;
178 
‘‘(IV) address the economic return to 
the Indian tribe under leases, business 
agreements, and rights-of-way; 
‘‘(V) address technical or other relevant 
requirements; 
‘‘(VI) establish requirements for envi-
ronmental review in accordance with sub-
paragraph (C); 
‘‘(VII) ensure compliance with all ap-
plicable environmental laws; 
‘‘(VIII) identify final approval author-
ity; 
‘‘(IX) provide for public notification of 
final approvals; 
‘‘(X) establish a process for consulta-
tion with any affected States concerning off- 
reservation impacts, if any, identified pur-
suant to the provisions required under sub-
paragraph (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, in the event that any of its
179 
provisions violates an express term or re-
quirement set forth in the tribal energy re-
source agreement pursuant to which it was 
executed— 
‘‘(aa) such provision shall be null 
and void; and 
‘‘(bb) if the Secretary determines 
such provision to be material, the Sec-
retary shall have the authority to sus-
pend or rescind the lease, business 
agreement, or right-of-way or take 
other appropriate action that the Sec-
retary determines to be in the best in-
terest 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 agree-
ment, or right-of-way is delivered to the 
Secretary in accordance with regulations 
adopted pursuant to this subsection; and 
‘‘(XIV) include citations to tribal laws, 
regulations, or procedures, if any, that set 
out tribal remedies that must be exhausted
180 
before a petition may be submitted to the 
Secretary pursuant to paragraph (7)(B). 
‘‘(C) Tribal energy resource agreements sub-
mitted under paragraph (1) shall establish, and in-
clude provisions to ensure compliance with, an envi-
ronmental review process that, with respect to a lease, 
business agreement, or right-of-way under this sec-
tion, provides for— 
‘‘(i) the identification and evaluation of all 
significant environmental impacts (as compared 
with a no-action alternative), including effects 
on cultural resources; 
‘‘(ii) the identification of proposed mitiga-
tion; 
‘‘(iii) a process for ensuring that the public 
is informed of and has an opportunity to com-
ment on the environmental impacts of the pro-
posed action before tribal approval of the lease, 
business agreement, or right-of-way; and 
‘‘(iv) sufficient administrative support and 
technical capability to carry out the environ-
mental review process. 
‘‘(D) A tribal energy resource agreement nego-
tiated between the Secretary and an Indian tribe in 
accordance with this subsection shall include—
181 
‘‘(i) provisions requiring the Secretary to 
conduct a periodic review and evaluation to 
monitor the performance of the Indian tribe’s ac-
tivities associated with the development of energy 
resources under the tribal energy resource agree-
ment; and 
‘‘(ii) when such review and evaluation re-
sult 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 au-
thorizing the Secretary to take appropriate ac-
tions determined by the Secretary to be necessary 
to protect such asset, which actions may include 
reassumption of responsibility for activities asso-
ciated with the development of energy resources 
on tribal land until the violation and conditions 
that gave rise to such jeopardy have been cor-
rected. 
‘‘(E) The periodic review and evaluation de-
scribed in subparagraph (D) shall be conducted on an 
annual basis, except that, after the third such annual 
review and evaluation, the Secretary and the Indian 
tribe may mutually agree to amend the tribal energy 
resource agreement to authorize the review and eval-
182 
uation required by subparagraph (D) to be conducted 
once every 2 years. 
‘‘(3) The Secretary shall provide notice and op-
portunity for public comment on tribal energy re-
source agreements submitted for approval under para-
graph (1). The Secretary’s review of a tribal energy 
resource agreement under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
shall be limited to the direct effects of that approval. 
‘‘(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 Sec-
retary; and 
‘‘(C) provide the Indian tribe with an op-
portunity to revise and resubmit the tribal en-
ergy resource agreement. 
‘‘(5) If an Indian tribe executes a lease or busi-
ness agreement or grants a right-of-way in accordance 
with a tribal energy resource agreement approved 
under this subsection, the Indian tribe shall, in ac-
183 
cordance with the process and requirements set forth 
in the Secretary’s regulations adopted pursuant to 
paragraph (8), provide to the Secretary— 
‘‘(A) a copy of the lease, business agreement, 
or right-of-way document (including all amend-
ments 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, information and 
documentation of those payments sufficient to 
enable the Secretary to discharge the trust re-
sponsibility of the United States to enforce the 
terms of, and protect the Indian tribe’s rights 
under, the lease, business agreement, or right-of- 
way. 
‘‘(6)(A) For purposes of the activities to be un-
dertaken by the Secretary pursuant to this section, the 
Secretary shall— 
‘‘(i) carry out such activities in a manner 
consistent 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 inter-
ests of the Indian tribes.
184 
‘‘(B) Subject to the provisions of subsections 
(a)(2), (b), and (c) waiving the requirement of Secre-
tarial approval of leases, business agreements, and 
rights-of-way executed pursuant to tribal energy re-
source agreements approved under this section, and 
the provisions of subparagraph (D), nothing in this 
section shall absolve the United States from any re-
sponsibility 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 agree-
ments between the United States and any Indian 
tribe. 
‘‘(C) The Secretary shall continue to have a trust 
obligation to ensure that the rights and interests of an 
Indian tribe are protected in the event that— 
‘‘(i) any other party to any such lease, busi-
ness agreement, or right-of-way violates any ap-
plicable provision of Federal law or the terms of 
any lease, business agreement, or right-of-way 
under this section; or 
‘‘(ii) any provision in such lease, business 
agreement, or right-of-way violates any express 
provision or requirement set forth in the tribal 
energy resource agreement pursuant to which the
185 
lease, business agreement, or right-of-way was 
executed. 
‘‘(D) Notwithstanding subparagraph (B), the 
United States shall not be liable to any party (includ-
ing any Indian tribe) for any of the negotiated terms 
of, or any losses resulting from the negotiated terms 
of, a lease, business agreement, or right-of-way exe-
cuted pursuant to and in accordance with a tribal en-
ergy resource agreement approved by the Secretary 
under paragraph (2). For the purpose of this sub-
paragraph, the term ‘negotiated terms’ means any 
terms or provisions that are negotiated by an Indian 
tribe and any other party or parties to a lease, busi-
ness agreement, or right-of-way entered into pursuant 
to an approved tribal energy resource agreement. 
‘‘(7)(A) In this paragraph, the term ‘interested 
party’ means any person or entity the interests of 
which have sustained or will sustain a significant ad-
verse environmental impact as a result of the failure 
of an Indian tribe to comply with a tribal energy re-
source agreement of the Indian tribe approved by the 
Secretary under paragraph (2). 
‘‘(B) After exhaustion of tribal remedies, and in 
accordance with the process and requirements set 
forth in regulations adopted by the Secretary pursu-
186 
ant to paragraph (8), an interested party may submit 
to the Secretary a petition to review compliance of 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 120 days after the date on 
which the Secretary receives a petition under sub-
paragraph (B), the Secretary shall determine whether 
the Indian tribe is not in compliance with the tribal 
energy resource agreement, as alleged in the petition. 
‘‘(ii) The Secretary may adopt procedures under 
paragraph (8) authorizing an extension of time, not 
to exceed 120 days, for making the determination 
under clause (i) in any case in which the Secretary 
determines that additional time is necessary to evalu-
ate the allegations of the petition. 
‘‘(iii) Subject to subparagraph (D), if the Sec-
retary determines that the Indian tribe is not in com-
pliance with the tribal energy resource agreement as 
alleged in the petition, the Secretary shall take such 
action as is necessary to ensure compliance with the 
provisions of the tribal energy resource agreement, 
which action may include— 
‘‘(I) temporarily suspending some or all ac-
tivities under a lease, business agreement, or
187 
right-of-way under this section until the Indian 
tribe or such activities are in compliance with 
the provisions of the approved tribal energy re-
source agreement; or 
‘‘(II) rescinding approval of all or part of 
the tribal energy resource agreement, and if all 
of such agreement is rescinded, reassuming the 
responsibility for approval of any future leases, 
business agreements, or rights-of-way described 
in subsections (a) and (b). 
‘‘(D) Prior to seeking to ensure compliance with 
the provisions of the tribal energy resource agreement 
of an Indian tribe under subparagraph (C)(iii), the 
Secretary shall— 
‘‘(i) make a written determination that de-
scribes the manner in which the tribal energy re-
source agreement has been violated; 
‘‘(ii) provide the Indian tribe with a writ-
ten notice of the violations together with the 
written determination; and 
‘‘(iii) before taking any action described in 
subparagraph (C)(iii) or seeking any other rem-
edy, provide the Indian tribe with a hearing and 
a reasonable opportunity to attain compliance 
with the tribal energy resource agreement.
188 
‘‘(E) An Indian tribe described in subparagraph 
(D) shall retain all rights to appeal as provided in 
regulations issued by the Secretary. 
‘‘(8) Not later than 1 year after the date of en-
actment of the Indian Tribal Energy Development 
and Self-Determination Act of 2005, the Secretary 
shall issue regulations that implement the provisions 
of this subsection, including— 
‘‘(A) criteria to be used in determining the 
capacity of an Indian tribe described in para-
graph (2)(B)(i), including the experience of the 
Indian tribe in managing natural resources and 
financial and administrative resources available 
for use by the Indian tribe in implementing the 
approved tribal energy resource agreement of the 
Indian tribe; 
‘‘(B) a process and requirements in accord-
ance with which an Indian tribe may— 
‘‘(i) voluntarily rescind a tribal energy 
resource agreement approved by the Sec-
retary under this subsection; and 
‘‘(ii) return to the Secretary the re-
sponsibility to approve any future leases, 
business agreements, and rights-of-way de-
scribed in this subsection;
189 
‘‘(C) provisions setting forth the scope of, 
and procedures for, the periodic review and eval-
uation described in subparagraphs (D) and (E) 
of paragraph (2), including provisions for review 
of transactions, reports, site inspections, and any 
other review activities the Secretary determines 
to be appropriate; and 
‘‘(D) provisions defining final agency ac-
tions after exhaustion of administrative appeals 
from determinations of the Secretary under 
paragraph (7). 
‘‘(f) NO EFFECT ON OTHER LAW.—Nothing in this sec-
tion affects the application of— 
‘‘(1) any Federal environment law; 
‘‘(2) the Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1201 et seq.); or 
‘‘(3) except as otherwise provided in this title, 
the Indian Mineral Development Act of 1982 (25 
U.S.C. 2101 et seq.) and the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as are necessary for each of fiscal years 2006 through 
2016 to implement the provisions of this section and to 
make grants or provide other appropriate assistance to In-
190 
dian tribes to assist the Indian tribes in developing and 
implementing tribal energy resource agreements in accord-
ance with the provisions of this section. 
‘‘SEC. 2605. INDIAN MINERAL DEVELOPMENT REVIEW. 
‘‘(a) IN GENERAL.—The Secretary shall conduct a re-
view of all activities being conducted under the Indian Min-
eral Development Act of 1982 (25 U.S.C. 2101 et seq.) as 
of that date. 
‘‘(b) REPORT.—Not later than 1 year after the date 
of enactment of the Indian Tribal Energy Development and 
Self-Determination Act of 2005, the Secretary shall submit 
to Congress a report that includes— 
‘‘(1) the results of the review; 
‘‘(2) recommendations to ensure that Indian 
tribes have the opportunity to develop Indian energy 
resources; and 
‘‘(3) an analysis of the barriers to the develop-
ment of energy resources on Indian land (including 
legal, fiscal, market, and other barriers), along with 
recommendations for the removal of those barriers.’’. 
(b) CONFORMING AMENDMENTS.—The table of contents 
for the Energy Policy Act of 1992 is amended by striking 
the items relating to title XXVI and inserting the following: 
‘‘Sec. 2601. Definitions. 
‘‘Sec. 2602. Indian tribal energy resource development. 
‘‘Sec. 2603. Indian tribal energy resource regulation.