IIB 
114TH CONGRESS 
1ST SESSION 
H. R. 538 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 19, 2015 
Received; read twice and referred to the Committee on Indian Affairs 
AN ACT 
To facilitate the development of energy on Indian lands by 
reducing Federal regulations that impede tribal develop-
ment of Indian lands, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native American En-
ergy Act’’. 
SEC. 2. APPRAISALS. 
(a) AMENDMENT.—Title XXVI of the Energy Policy 
Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 2607. APPRAISAL REFORMS. 
‘‘(a) OPTIONS TO INDIAN TRIBES.—With respect to 
a transaction involving Indian land or the trust assets of 
an Indian tribe that requires the approval of the Sec-
retary, any appraisal relating to fair market value required 
to be conducted under applicable law, regulation, or policy 
may be completed by— 
‘‘(1) the Secretary; 
‘‘(2) the affected Indian tribe; or 
‘‘(3) a certified, third-party appraiser pursuant 
to a contract with the Indian tribe. 
‘‘(b) TIME LIMIT ON SECRETARIAL REVIEW AND AC-
TION.—Not later than 30 days after the date on which 
the Secretary receives an appraisal conducted by or for 
an Indian tribe pursuant to paragraphs (2) or (3) of sub-
section (a), the Secretary shall— 
‘‘(1) review the appraisal; and 
‘‘(2) provide to the Indian tribe a written notice 
of approval or disapproval of the appraisal. 
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‘‘(c) FAILURE OF SECRETARY TO APPROVE OR DIS-
APPROVE.—If, after 60 days, the Secretary has failed to 
approve or disapprove any appraisal received, the ap-
praisal shall be deemed approved. 
‘‘(d) OPTION
TO INDIAN TRIBES TO WAIVE AP-
PRAISAL.— 
‘‘(1) An Indian tribe wishing to waive the re-
quirements of subsection (a), may do so after it has 
satisfied the requirements of paragraphs (2) and 
(3). 
‘‘(2) An Indian tribe wishing to forego the ne-
cessity of a waiver pursuant to this section must 
provide to the Secretary a written resolution, state-
ment, or other unambiguous indication of tribal in-
tent, duly approved by the governing body of the In-
dian tribe. 
‘‘(3) The unambiguous indication of intent pro-
vided by the Indian tribe to the Secretary under 
paragraph (2) must include an express waiver by the 
Indian tribe of any claims for damages it might have 
against the United States as a result of the lack of 
an appraisal undertaken. 
‘‘(e) DEFINITION.—For purposes of this subsection, 
the term ‘appraisal’ includes appraisals and other esti-
mates of value. 
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‘‘(f) REGULATIONS.—The Secretary shall develop 
regulations for implementing this section, including stand-
ards the Secretary shall use for approving or disapproving 
an appraisal.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Energy Policy Act of 1992 (42 U.S.C. 13201 
note) is amended by adding at the end of the items relat-
ing to title XXVI the following: 
‘‘Sec. 2607. Appraisal reforms.’’. 
SEC. 3. STANDARDIZATION. 
As soon as practicable after the date of the enactment 
of this Act, the Secretary of the Interior shall implement 
procedures to ensure that each agency within the Depart-
ment of the Interior that is involved in the review, ap-
proval, and oversight of oil and gas activities on Indian 
lands shall use a uniform system of reference numbers and 
tracking systems for oil and gas wells. 
SEC. 4. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL 
ACTIONS ON INDIAN LANDS. 
Section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332) is amended by inserting 
‘‘(a) IN GENERAL.—’’ before the first sentence, and by 
adding at the end the following: 
‘‘(b) REVIEW OF MAJOR FEDERAL ACTIONS ON IN-
DIAN LANDS.— 
‘‘(1) REVIEW AND COMMENT.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the statement required 
under subsection (a)(2)(C) for a major Federal 
action regarding an activity on Indian lands of 
an Indian tribe shall only be available for re-
view and comment by the members of the In-
dian tribe, other individuals residing within the 
affected area, and State, federally recognized 
tribal, and local governments within the af-
fected area. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply to a statement for a major Fed-
eral action regarding an activity on Indian 
lands of an Indian tribe related to gaming 
under the Indian Gaming Regulatory Act. 
‘‘(2) REGULATIONS.—The Chairman of the 
Council on Environmental Quality shall develop reg-
ulations to implement this section, including descrip-
tions of affected areas for specific major Federal ac-
tions, in consultation with Indian tribes. 
‘‘(3) DEFINITIONS.—In this subsection, each of 
the terms ‘Indian land’ and ‘Indian tribe’ has the 
meaning given that term in section 2601 of the En-
ergy Policy Act of 1992 (25 U.S.C. 3501). 
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‘‘(4) CLARIFICATION OF AUTHORITY.—Nothing 
in the Native American Energy Act, except section 
6 of that Act, shall give the Secretary any additional 
authority over energy projects on Alaska Native 
Claims Settlement Act lands.’’. 
SEC. 5. JUDICIAL REVIEW. 
(a) TIME FOR FILING COMPLAINT.—Any energy re-
lated action must be filed not later than the end of the 
60-day period beginning on the date of the final agency 
action. Any energy related action not filed within this time 
period shall be barred. 
(b) DISTRICT COURT VENUE AND DEADLINE.—All 
energy related actions— 
(1) shall be brought in the United States Dis-
trict Court for the District of Columbia; and 
(2) shall be resolved as expeditiously as pos-
sible, and in any event not more than 180 days after 
such cause of action is filed. 
(c) APPELLATE REVIEW.—An interlocutory order or 
final judgment, decree or order of the district court in an 
energy related action may be reviewed by the United 
States Court of Appeals for the District of Columbia Cir-
cuit. The District of Columbia Circuit Court of Appeals 
shall resolve such appeal as expeditiously as possible, and 
in any event not more than 180 days after such interlocu-
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tory order or final judgment, decree or order of the district 
court was issued. 
(d) LIMITATION ON CERTAIN PAYMENTS.—Notwith-
standing section 1304 of title 31, United States Code, no 
award may be made under section 504 of title 5, United 
States Code, or under section 2412 of title 28, United 
States Code, and no amounts may be obligated or ex-
pended from the Claims and Judgment Fund of the 
United States Treasury to pay any fees or other expenses 
under such sections, to any person or party in an energy 
related action. 
(e) LEGAL FEES.—In any energy related action in 
which the plaintiff does not ultimately prevail, the court 
shall award to the defendant (including any intervenor- 
defendants), other than the United States, fees and other 
expenses incurred by that party in connection with the en-
ergy related action, unless the court finds that the position 
of the plaintiff was substantially justified or that special 
circumstances make an award unjust. Whether or not the 
position of the plaintiff was substantially justified shall be 
determined on the basis of the administrative record, as 
a whole, which is made in the energy related action for 
which fees and other expenses are sought. 
(f) DEFINITIONS.—For the purposes of this section, 
the following definitions apply: 
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(1) AGENCY ACTION.—The term ‘‘agency ac-
tion’’ has the same meaning given such term in sec-
tion 551 of title 5, United States Code. 
(2) INDIAN LAND.—The term ‘‘Indian Land’’ 
has the same meaning given such term in section 
203(c)(3) of the Energy Policy Act of 2005 (Public 
Law 109–58; 25 U.S.C. 3501), including lands 
owned by Native Corporations under the Alaska Na-
tive Claims Settlement Act (Public Law 92–203; 43 
U.S.C. 1601). 
(3) ENERGY RELATED ACTION.—The term ‘‘en-
ergy related action’’ means a cause of action that— 
(A) is filed on or after the effective date of 
this Act; and 
(B) seeks judicial review of a final agency 
action 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 in-
volve the exploration, development, produc-
tion 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 
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(ii) any Indian Tribe, or any organiza-
tion 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 
resources, wind or solar resources, under-
ground coal gasification, biomass, or the 
generation of electricity, regardless of 
where such activities are undertaken. 
(4) ULTIMATELY PREVAIL.—The phrase ‘‘ulti-
mately prevail’’ means, in a final enforceable judg-
ment, the court rules in the party’s favor on at least 
one cause of action which is an underlying rationale 
for the preliminary injunction, administrative stay, 
or other relief requested by the party, and does not 
include circumstances where the final agency action 
is modified or amended by the issuing agency unless 
such modification or amendment is required pursu-
ant to a final enforceable judgment of the court or 
a court-ordered consent decree. 
SEC. 6. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
The Tribal Forest Protection Act of 2004 is amended 
by inserting after section 2 (25 U.S.C. 3115a) the fol-
lowing: 
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‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
‘‘(a) IN GENERAL.—For each of fiscal years 2016 
through 2020, 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 
energy 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. 
‘‘(c) DEMONSTRATION PROJECTS.—In each fiscal 
year for which projects are authorized, the Secretary shall 
enter into contracts or other agreements described in sub-
section (a) to carry out at least 4 new demonstration 
projects that meet the eligibility criteria described in sub-
section (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— 
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‘‘(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 ap-
plication and otherwise carrying out this section. 
‘‘(g) REPORT.—Not later than one year subsequent 
to the date of enactment of this section, the Secretary 
shall submit to Congress a report that describes, with re-
spect to the reporting period— 
‘‘(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 
extent practicable, management plans (including forest 
management and integrated resource management plans) 
in effect on the Indian forest land or rangeland of the re-
spective Indian tribe. 
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‘‘(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 
section for not more than an additional 10 years. 
‘‘SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION 
PROJECT. 
‘‘The Secretary of the Interior and the Secretary of 
Agriculture may carry out demonstration projects by 
which federally recognized Indian tribes or tribal organiza-
tions may contract to perform administrative, manage-
ment, and other functions of programs of the Tribal For-
est Protection Act of 2004 (25 U.S.C. 3115a et seq.) 
through contracts entered into under the Indian Self-De-
termination and Education Assistance Act (25 U.S.C. 450 
et seq.).’’. 
SEC. 7. TRIBAL RESOURCE MANAGEMENT PLANS. 
Unless otherwise explicitly exempted by Federal law 
enacted after the date of the enactment of this Act, any 
activity conducted or resources harvested or produced pur-
suant to a tribal resource management plan or an inte-
grated resource management plan approved by the Sec-
retary of the Interior under the National Indian Forest 
Resources Management Act (25 U.S.C. 3101 et seq.) or 
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the American Indian Agricultural Resource Management 
Act (25 U.S.C. 3701 et seq.), shall be considered a sus-
tainable management practice for purposes of any Federal 
standard, benefit, or requirement that requires a dem-
onstration of such sustainability. 
SEC. 8. LEASES OF RESTRICTED LANDS FOR THE NAVAJO 
NATION. 
Subsection (e)(1) of the first section of the Act of 
August 9, 1955 (25 U.S.C. 415(e)(1); commonly referred 
to as the ‘‘Long-Term Leasing Act’’), is amended— 
(1) by striking ‘‘, except a lease for’’ and insert-
ing ‘‘, including leases for’’; 
(2) in subparagraph (A), by striking ‘‘25’’ the 
first place it appears and all that follows and insert-
ing ‘‘99 years;’’; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) in the case of a lease for the exploration, 
development, or extraction of mineral resources, in-
cluding geothermal resources, 25 years, except that 
any such lease may include an option to renew for 
one additional term not to exceed 25 years.’’. 
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SEC. 9. NONAPPLICABILITY OF CERTAIN RULES. 
No rule promulgated by the Department of the Inte-
rior regarding hydraulic fracturing used in the develop-
ment or production of oil or gas resources shall have any 
effect on any land held in trust or restricted status for 
the benefit of Indians except with the express consent of 
the beneficiary on whose behalf such land is held in trust 
or restricted status. 
Passed the House of Representatives October 8, 
2015. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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