Indian Tribal Energy Development and Self-Determination Act Amendments of 2015

Bill: 114-s-209
Sponsor: Sen. Barrasso, John [R-WY]
Introduced: 2015-01-21 in the Senate
Policy area: Native Americans
Subjects: Alaska
Alaska Natives and Hawaiians
Alternative and renewable resources
Economic development
Electric power generation and transmission
Energy assistance for the poor and aged
Energy efficiency and conservation
Federal-Indian relations
Forests, forestry, trees
Government lending and loan guarantees
Indian lands and resources rights
Indian social and development programs
Lighting and heating
Lighting, heating, cooling
Montana
Oil and gas
Public contracts and procurement
Residential rehabilitation and home repair
Watersheds

Summary:
action_date: 2015-01-21
text: 

Indian Tribal Energy Development and Self-Determination Act Amendments of 2015

 
 Amends the Energy Policy Act of 1992 to direct the Department of the Interior to provide Indian tribes with technical assistance in planning their energy resource development programs. 
 
Makes intertribal organizations eligible for Department of Energy (DOE) Indian energy education planning and management assistance program grants.
 
Makes tribal energy development organizations eligible for DOE energy development loan guarantees. 
 
Allows leases and business agreements that pool, unitize, or communitize a tribe's energy resources with other energy resources. 
 
Requires an energy-related tribal lease, business agreement, or grant of a right-of-way made without Interior's approval to comply with a tribal energy resource agreement between the tribe and Interior, unless it is a lease with a tribal energy development organization that Interior has certified. 
 
Alters the process and conditions for Interior's approval of tribal energy resource agreements.
 
Alters the process for determining whether an interested party has a valid claim to be suffering an adverse environmental impact due to a tribe's noncompliance with such agreement. 
 
 Directs DOE to collaborate with the Directors of the National Laboratories in making the full array of DOE technical and scientific resources available for tribal energy activities and projects. 
 
 Amends the Federal Power Act to include Indian tribes, along with states and municipalities, as having preference for the receipt of preliminary hydroelectric licenses.
 
Amends the Tribal Forest Protection Act of 2004 to direct Interior, for land under Bureau of Land Management jurisdiction, or the Department of Agriculture, for land under Forest Service jurisdiction, to enter into agreements with Indian tribes and Alaska Native corporations for the conduct of demonstration projects to promote biomass energy production on Indian forest land and in nearby communities by providing them with reliable supplies of woody biomass from federal lands. 
 
 Amends the Energy Conservation and Production Act to prescribe requirements for direct home weatherization grants to Indian tribes upon request when low-income Indian beneficiaries would not be better served if the grant went to their state. 
 
 Amends the Energy Policy Act of 1992 to allow Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian mineral or energy resources involved in a transaction requiring Interior's approval. 
Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into commercial or agricultural leases of up to 99 years on their restricted lands without Interior approval. 
Allows the Navajo Nation to enter into 25-year (renewable) mineral resource leases on its restricted lands without Interior's approval if they are executed under approved tribal regulations. Limits oil and gas leases to terms of up to 10 years if oil or gas is being produced in a paying quantity. 
 
 Allows the Crow Tribe of Montana to enter into leases on its restricted land for a term of up to 99 years. 
 
 Requires that any advance payments, bid deposits, or other earnest money received by Interior, subject to a certain restriction, in connection with the review and approval of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian, upon request by the tribe or individual Indian, to be held in the trust fund system, upon receipt and before contract or instrument approval, for the benefit of the Indian tribe and individual Indian from whose land the funds were generated.

action_date: 2015-09-30
text: 
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
 

Indian Tribal Energy Development and Self-Determination Act Amendments of 2015

 
TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT AMENDMENTS
 
 (Sec. 101) This bill amends the Energy Policy Act of 1992 to direct the Department of the Interior to provide Indian tribes with technical assistance in planning their energy resource development programs. 
 
 The Department of Energy (DOE) Indian energy education planning and management assistance program is expanded to make intertribal organizations eligible for grants and to allow grants to be used to increase the capacity of Indian tribes to manage energy development and energy efficiency programs.
 
Eligibility for DOE energy development loan guarantees is expanded to include tribal energy development organizations. 
 
(Sec. 103) This bill allows leases and business agreements that pool, unitize, or communitize a tribe's energy resources with other energy resources. 
 
An energy-related tribal lease, business agreement, or right-of-way does not require Interior's approval if it complies with a tribal energy resource agreement or it is a lease with a tribal energy development organization that Interior has certified, and the term does not exceed specified limits.
 
The process and conditions for Interior's approval of tribal energy resource agreements are revised.
 
This bill revises the process for determining whether an interested party has a valid claim to be suffering an adverse environmental impact due to a tribe's noncompliance with such an agreement.
 
Interior must make available to a tribe the amount Interior would have expended to carry out an activity that the tribe is carrying out pursuant to a tribal energy resource agreement.
 
 (Sec. 104) DOE must collaborate with the Directors of the National Laboratories in making the full array of DOE technical and scientific resources available for tribal energy activities and projects.
 
TITLE II--MISCELLANEOUS AMENDMENTS
 
 (Sec. 201) This bill amends the Federal Power Act to require the Federal Energy Regulatory Commission to give Indian tribes, in addition to states and municipalities, preference for the receipt of preliminary hydroelectric licenses.
 
(Sec. 202) This bill amends the Tribal Forest Protection Act of 2004 to direct Interior, for land under Bureau of Land Management jurisdiction, and the Department of Agriculture (USDA), for land under Forest Service jurisdiction, to enter into agreements with Indian tribes to carry out demonstration projects to promote biomass energy production on Indian forest land and in nearby communities by providing them with reliable supplies of woody biomass from federal lands.
 
Interior and USDA must enter into agreements with tribal organizations to carry out additional biomass demonstration projects.
 
 (Sec. 203) This bill amends the Energy Conservation and Production Act to revise requirements for direct home weatherization grants to Indian tribes. 
 
 (Sec. 204) Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe must appraise Indian mineral or energy resources involved in a transaction requiring Interior's approval. 
(Sec. 205) This bill amends the Long-Term Leasing Act to allow the Navajo Nation to enter into mineral resource leases on their restricted lands without Interior's approval. The maximum term of a Navajo Nation lease that does not require Interior's approval is extended for commercial and agricultural leases.
 
 (Sec. 206) The Crow Tribe of Montana may enter into leases of their land held in trust for a term of up to 99 years.
 
(Sec. 207) This bill sets forth provisions for money held by Interior in connection with the review and approval of a sale, lease, permit, or other conveyance of Indian land.

action_date: 2015-12-10
text: 

Indian Tribal Energy Development and Self-Determination Act Amendments of 2015

 
TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT AMENDMENTS
 
 (Sec. 101) This bill amends the Energy Policy Act of 1992 to direct the Department of the Interior to provide Indian tribes with technical assistance in planning their energy resource development programs. 
 
 The Department of Energy (DOE) Indian energy education planning and management assistance program is expanded to make intertribal organizations eligible for grants and to allow grants to be used to increase the capacity of Indian tribes to manage energy development and energy efficiency programs.
 
Eligibility for DOE energy development loan guarantees is expanded to include tribal energy development organizations. 
 
(Sec. 103) This bill allows leases and business agreements that pool, unitize, or communitize a tribe's energy resources with other energy resources. 
 
An energy-related tribal lease, business agreement, or right-of-way does not require Interior's approval if it complies with a tribal energy resource agreement or it is a lease with a tribal energy development organization that Interior has certified, and the term does not exceed specified limits.
 
The process and conditions for Interior's approval of tribal energy resource agreements are revised.
 
This bill revises the process for determining whether an interested party has a valid claim to be suffering an adverse environmental impact due to a tribe's noncompliance with such an agreement.
 
Interior must make available to a tribe the amount Interior would have expended to carry out an activity that the tribe is carrying out pursuant to a tribal energy resource agreement.
 
 (Sec. 104) DOE must collaborate with the Directors of the National Laboratories in making the full array of DOE technical and scientific resources available for tribal energy activities and projects.
 
(Sec. 106) Interior must report on its review process for energy-related documents.
 
TITLE II--MISCELLANEOUS AMENDMENTS
 
 (Sec. 201) This bill amends the Federal Power Act to require the Federal Energy Regulatory Commission to give Indian tribes, in addition to states and municipalities, preference for the receipt of preliminary hydroelectric licenses.
 
(Sec. 202) This bill amends the Tribal Forest Protection Act of 2004 to direct Interior, for land under Bureau of Land Management jurisdiction, and the Department of Agriculture (USDA), for land under Forest Service jurisdiction, to enter into agreements with Indian tribes to carry out demonstration projects to promote biomass energy production on Indian forest land and in nearby communities by providing them with reliable supplies of woody biomass from federal lands.
 
Interior and USDA must enter into agreements with tribal organizations to carry out additional biomass demonstration projects.
 
 (Sec. 203) This bill amends the Energy Conservation and Production Act to revise requirements for direct home weatherization grants to Indian tribes. 
 
 (Sec. 204) Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe must appraise Indian mineral or energy resources involved in a transaction requiring Interior's approval. 
(Sec. 205) This bill amends the Long-Term Leasing Act to allow the Navajo Nation to enter into mineral resource leases on their restricted lands without Interior's approval. The maximum term of a Navajo Nation lease that does not require Interior's approval is extended for commercial and agricultural leases.
 
 (Sec. 206) The Crow Tribe of Montana may enter into leases of their land held in trust for a term of up to 99 years.
 
(Sec. 207) This bill sets forth provisions for money held by Interior in connection with the review and approval of a sale, lease, permit, or other conveyance of Indian land.


Legislative actions:
action_date: 2015-12-18
text: Referred to the Subcommittee on Energy and Power.
action_date: 2015-12-16
text: Referred to the Subcommittee on Energy and Mineral Resources.
action_date: 2015-12-16
text: Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs.
action_date: 2015-12-11
text: Referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2015-12-11
text: Referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2015-12-11
text: Referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2015-12-11
text: Message on Senate action sent to the House.
action_date: 2015-12-11
text: Received in the House.
action_date: 2015-12-10
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2015-12-10
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2015-12-10
text: Measure laid before Senate by unanimous consent. (consideration: CR S8617)
action_date: 2015-09-30
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 242.
action_date: 2015-09-30
text: Committee on Indian Affairs. Reported by Senator Barrasso without amendment. With written report No. 114-149.
action_date: 2015-09-30
text: Committee on Indian Affairs. Reported by Senator Barrasso without amendment. With written report No. 114-149.
action_date: 2015-02-04
text: Committee on Indian Affairs. Ordered to be reported without amendment favorably.
action_date: 2015-01-21
text: Read twice and referred to the Committee on Indian Affairs. (Sponsor introductory remarks on measure: CR S416-417)
action_date: 2015-01-21
text: Introduced in Senate