HR 1965 PCS
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: 
(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 
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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 
(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-
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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. 5006. 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: 
‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
‘‘(a) IN GENERAL.—For each of fiscal years 2014 
through 2018, 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 
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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— 
‘‘(A) the Indian forest land or rangeland 
under the jurisdiction of the Indian tribe; and 
‘‘(B) the demonstration project proposed 
to be carried out by the Indian tribe. 
‘‘(e) SELECTION.—In evaluating the applications 
submitted under subsection (c), the Secretary— 
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‘‘(1) shall take into consideration the factors set 
forth in paragraphs (1) and (2) of section 2(e) of 
Public Law 108–278; and whether a proposed dem-
onstration project would— 
‘‘(A) increase the availability or reliability 
of local or regional energy; 
‘‘(B) enhance the economic development of 
the Indian tribe; 
‘‘(C) improve the connection of electric 
power transmission facilities serving the Indian 
tribe with other electric transmission facilities; 
‘‘(D) improve the forest health or water-
sheds of Federal land or Indian forest land or 
rangeland; or 
‘‘(E) otherwise promote the use of woody 
biomass; and 
‘‘(2) shall exclude from consideration any mer-
chantable logs that have been identified by the Sec-
retary for commercial sale. 
‘‘(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 
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SEC. 5007. 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 
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. 5008. LEASES OF RESTRICTED LANDS FOR THE NAV-
AJO 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: 
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‘‘(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.’’. 
SEC. 5009. 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 November 20, 
2013. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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Calendar No. 254 
113TH CONGRESS 
1ST SESSION 
H. R. 1965 
AN ACT 
To streamline and ensure onshore energy permit-
ting, provide for onshore leasing certainty, and 
give certainty to oil shale development for Amer-
ican energy security, economic development, and 
job creation, and for other purposes. 
DECEMBER 9, 2013 
Read the second time and placed on the calendar 
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