I 
112TH CONGRESS 
2D SESSION 
H. R. 3973 
To facilitate the development of energy on Indian lands by reducing Federal 
regulations that impede tribal development of Indian lands, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2012 
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native American En-
ergy Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of Contents. 
Sec. 3. Appraisals. 
Sec. 4. Standardization. 
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Sec. 5. Environmental reviews of major Federal actions on Indian lands. 
Sec. 6. Indian Energy Development Offices. 
Sec. 7. BLM Oil and Gas Fees. 
Sec. 8. Bonding requirements and nonpayment of attorneys’ fees to promote in-
dian energy projects. 
Sec. 9. Tribal biomass demonstration project. 
Sec. 10. Tribal Resource Management Plans. 
Sec. 11. Leases of Restricted Lands for the Navajo Nation. 
SEC. 3. 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. 2608. 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 
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‘‘(2) provide to the Indian tribe a written notice 
of approval or disapproval of the appraisal. 
‘‘(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 subsections (2) and (3) 
below. 
‘‘(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. 
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‘‘(e) DEFINITION.—For purposes of this subsection, 
the term ‘appraisal’ includes appraisals and other esti-
mates of value. 
‘‘(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. 2608. Appraisal Reforms.’’. 
SEC. 4. 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. 5. 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: 
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‘‘(b) REVIEW OF MAJOR FEDERAL ACTIONS ON IN-
DIAN LANDS.— 
‘‘(1) IN GENERAL.—For any major Federal ac-
tion on Indian lands of an Indian tribe requiring the 
preparation 
of 
a 
statement 
under 
subsection 
(a)(2)(C), the statement shall only be available for 
review and comment by the members of the Indian 
tribe and by any other individual residing within the 
affected area. 
‘‘(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). 
‘‘(4) CLARIFICATION OF AUTHORITY.—Nothing 
in the Native American Energy Act, except section 
8 of that Act, shall give the Secretary any additional 
authority over energy projects on Alaska Native 
Claims Settlement Act lands.’’. 
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SEC. 6. INDIAN ENERGY DEVELOPMENT OFFICES. 
Section 2602(a) of the Energy Policy Act of 1992 
(25 U.S.C. 3502(a)) is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) 
INDIAN
ENERGY
DEVELOPMENT
OF-
FICES.— 
‘‘(A) ESTABLISHMENT.—To assist the Sec-
retary in carrying out the Program, the Sec-
retary shall establish within the Department of 
the Interior not less than 5 offices. 
‘‘(B) NAMING.—Each office established 
under subparagraph (A) shall be known as an 
‘Indian Energy Development Office’. 
‘‘(C) LOCATION.—The Secretary shall lo-
cate each Indian Energy Development Office— 
‘‘(i) within a regional or agency office 
of the Bureau of Indian Affairs; and 
‘‘(ii) to the maximum extent prac-
ticable, in an area in which there exists a 
high quantity of tribal energy development 
opportunities, as determined by the Sec-
retary in consultation with Indian tribes. 
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‘‘(D) DIRECTORS.—Each Indian Energy 
Development Office established under this para-
graph shall be headed by a director. 
‘‘(E) DUTIES.—The director of each In-
dian Energy Development Office shall— 
‘‘(i) provide energy-related informa-
tion and resources to Indian tribes and 
tribal members; 
‘‘(ii) coordinate meetings and out-
reach among Indian tribes, tribal members, 
energy companies, and relevant Federal, 
State, and tribal agencies; 
‘‘(iii) oversee, and ensure the timely 
processing of, Indian energy applications, 
permits, licenses, and other documents 
that are subject to development, review, or 
processing by— 
‘‘(I) the Bureau of Indian Af-
fairs; 
‘‘(II) the Bureau of Land Man-
agement; 
‘‘(III) the National Park Service; 
‘‘(IV) the United States Fish and 
Wildlife Service; 
‘‘(V) the Bureau of Reclamation; 
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‘‘(VI) the Minerals Management 
Service; or 
‘‘(VII) the Office of Special 
Trustee for American Indians of the 
Department of the Interior; and 
‘‘(iv) consult with Indian tribes that 
will be served by an Indian Energy Devel-
opment Office to determine what services, 
information, facilities, or programs would 
best expedite the responsible development 
of energy resources. 
‘‘(F) STAFF.—Each Indian Energy Devel-
opment Office established under this paragraph 
shall be adequately staffed to meet the demand 
for energy permitting in the region or agency 
where the office is established.’’. 
SEC. 7. BLM OIL AND GAS FEES. 
The Secretary of the Interior, acting through the Bu-
reau of Land Management, shall not collect any fee for 
any of the following: 
(1) For an application for a permit to drill on 
Indian land. 
(2) To conduct any oil or gas inspection activity 
on Indian land. 
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(3) On any oil or gas lease for nonproducing 
acreage on Indian land. 
SEC. 8. BONDING REQUIREMENTS AND NONPAYMENT OF 
ATTORNEYS’ FEES TO PROMOTE INDIAN EN-
ERGY PROJECTS. 
(a) IN GENERAL.—A plaintiff who obtains a prelimi-
nary injunction or administrative stay in an energy related 
action, but does not ultimately prevail on the merits of 
the energy related action, shall be liable for damages sus-
tained by a defendant who— 
(1) opposed the preliminary injunction or ad-
ministrative stay; and 
(2) was harmed by the preliminary injunction 
or administrative stay. 
(b) BOND.—Unless otherwise specifically exempted 
by Federal law, a court may not issue a preliminary in-
junction and an agency may not grant an administrative 
stay in an energy related action until the plaintiff posts 
with the court or the agency a surety bond or cash equiva-
lent— 
(1) in an amount the court or agency decides 
is 30 percent of that amount that the court or agen-
cy considers is sufficient to compensate each defend-
ant opposing the preliminary injunction or adminis-
trative stay for damages, including but not limited 
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to preliminary development costs, additional develop-
ment costs, and reasonable attorney fees, that each 
defendant may sustain as a result of the preliminary 
injunction or administrative stay; 
(2) written by a surety licensed to do business 
in the state in which the Indian Land or other land 
where the activities are undertaken is situated; and 
(3) payable to each defendant opposing the pre-
liminary injunction or administrative stay, in the 
event that the plaintiff does not prevail on the mer-
its of the energy related action, Provided, that, if 
there is more than one plaintiff, the court or agency 
shall establish the amount of the bond required by 
this Subsection for each plaintiff in a fair and equi-
table manner. 
(c) 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 plaintiff related to an energy 
related action. 
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(d) DEFINITIONS.—For the purposes of this section, 
the following definitions apply: 
(1) ADMINISTRATIVE
STAY.—The term ‘‘Ad-
ministrative Stay’’ means a stay or other temporary 
remedy issued by a Federal agency, including the 
Department of the Interior, the Department of Agri-
culture, the Department of Energy, the Department 
of Commerce, and the Environmental Protection 
Agency. 
(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 (as defined in section 702 of title 5, 
United States Code), to issue a permit, license, 
or other form of agency permission allowing: 
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(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-
ground coal gasification, biomass, or the 
generation of electricity, regardless of 
where such activities are undertaken. 
(C) ULTIMATELY PREVAIL ON THE MER-
ITS.—The phrase ‘‘Ultimately prevail on the 
merits’’ means, in a final enforceable judgment 
on the merits, the court rules in the plaintiff’s 
favor on at least one cause of action which is 
an underlying rationale for the preliminary in-
junction, and does not include circumstances 
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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. 9. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
The Tribal Forest Protection Act of 2004 (25 U.S.C. 
3115a) is amended by inserting after section 2 the fol-
lowing: 
‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
‘‘(a) IN GENERAL.—For each of fiscal years 2013 
through 2017, 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 
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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— 
‘‘(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; 
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‘‘(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 
‘‘(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 September 20, 2015, 
the Secretary shall submit to Congress a report that de-
scribes, with respect to the reporting period— 
‘‘(1) each individual tribal application received 
under this section; and 
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‘‘(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. 
‘‘(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. 10. 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 
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