(4) ULTIMATELY PREVAIL ON THE MERITS.—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 pre-
liminary injunction, and does not include cir-
cumstances where the final agency action is modified 
or amended by the issuing agency unless such modi-
fication or amendment is required pursuant to a 
final enforceable judgment of the court or a court-or-
dered consent decree. 
(5) INDIAN
TRIBE.—The term ‘‘Indian tribe’’ 
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaska Na-
tive village or regional or village corporation as de-
fined in or established pursuant to the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.), which 
is recognized as eligible for the special programs and 
services provided by the United States to Indians be-
cause of their status as Indians. 
SEC. 8. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
The Tribal Forest Protection Act of 2004 is amended 
by inserting after section 2 (25 U.S.C. 3115a) the following: 
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‘‘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 en-
ergy 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 subsection 
(a) to carry out at least 4 new demonstration projects that 
meet the eligibility criteria described in subsection (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 
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‘‘(B) the demonstration project proposed to 
be carried out by the Indian tribe. 
‘‘(e) SELECTION.—In evaluating the applications sub-
mitted 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; 
‘‘(C) improve the connection of electric 
power transmission facilities serving the Indian 
tribe with other electric transmission facilities; 
‘‘(D) improve the forest health or watersheds 
of Federal land or Indian forest land or range-
land; 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— 
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‘‘(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 appli-
cation and otherwise carrying out this section. 
‘‘(g) REPORT.—Not later than September 20, 2015, the 
Secretary shall submit to Congress a report that describes, 
with respect 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 ex-
tent practicable, management plans (including forest man-
agement and integrated resource management plans) in ef-
fect on the Indian forest land or rangeland of the respective 
Indian tribe. 
‘‘(i) TERM.—A stewardship contract or other agree-
ment entered into under this section— 
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‘‘(1) shall be for a term of not more than 20 
years; and 
‘‘(2) may be renewed in accordance with this sec-
tion for not more than an additional 10 years.’’. 
SEC. 9. TRIBAL RESOURCE MANAGEMENT PLANS. 
Unless otherwise explicitly exempted by Federal law 
enacted after the date of the enactment of this Act, any ac-
tivity conducted or resources harvested or produced pursu-
ant to a tribal resource management plan or an integrated 
resource management plan approved by the Secretary of the 
Interior under the National Indian Forest Resources Man-
agement Act (25 U.S.C. 3101 et seq.) or the American In-
dian Agricultural Resource Management Act (25 U.S.C. 
3701 et seq.), shall be considered a sustainable management 
practice for purposes of any Federal standard, benefit, or 
requirement that requires a demonstration of such sustain-
ability. 
SEC. 10. LEASES OF RESTRICTED LANDS FOR THE NAVAJO 
NATION. 
Subsection (e)(1) of the first section of the Act of Au-
gust 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’’; 
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(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, de-
velopment, or extraction of mineral resources, includ-
ing geothermal resources, 25 years, except that any 
such lease may include an option to renew for one ad-
ditional term not to exceed 25 years.’’. 
SEC. 11. NONAPPLICABILITY OF CERTAIN RULES. 
No rule promulgated by the Department of the Interior 
regarding hydraulic fracturing used in the development 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 sta-
tus. 
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Union Calendar No. 189 
113TH CONGRESS 
1ST SESSION 
H. R. 1548 
[Report No. 113–263] 
A BILL 
To facilitate the development of energy on Indian 
lands by reducing Federal regulations that im-
pede tribal development of Indian lands, and for 
other purposes. 
NOVEMBER 12, 2013 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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