Native American Energy Act

Bill: 115-hr-210
Sponsor: Rep. Young, Don [R-AK-At Large]
Introduced: 2017-01-03 in the House
Policy area: Native Americans
Subjects: Administrative law and regulatory procedures
Administrative remedies
Alternative and renewable resources
Civil actions and liability
Coal
Contracts and agency
Department of the Interior
Electric power generation and transmission
Environmental assessment, monitoring, research
Environmental regulatory procedures
Federal-Indian relations
Forests, forestry, trees
Indian lands and resources rights
Indian social and development programs
Judicial review and appeals
Land transfers
Land use and conservation
Legal fees and court costs
Licensing and registrations
Oil and gas

Summary:
action_date: 2017-01-03
text: 

Native American Energy Act

 
 This bill amends the Energy Policy Act of 1992 to permit certain entities to appraise Indian land or trust assets involved in a transaction requiring Department of Interior approval. (Currently, Interior sets appraisal requirements.) A tribe may waive the requirement for an appraisal.
 
Certain agencies within Interior must use a uniform system of reference numbers and tracking systems for oil and gas wells. 
 
This bill amends the National Environmental Policy Act of 1969 to make environmental impact statements for major federal actions (excluding actions related to gaming) on Indian lands available only to certain entities. 
 
The bill sets forth provisions for the judicial review of a cause of action related to energy development on Indian land.
 
This bill amends the Tribal Forest Protection Act of 2004 to direct Interior and the Department of Agriculture (USDA) to enter into agreements with Indian tribes to carry out demonstration projects that promote biomass energy production. Interior and USDA may carry out demonstration projects by which tribes may perform the functions of programs under that Act. 
 
Activity pursuant to a tribal resource management plan approved by Interior is considered to be a sustainable management practice.
 
This bill amends the Long-Term Leasing Act to revise the types and duration of leases the Navajo Nation may enter without Interior's approval. 
 
 Certain Interior rules regarding energy production do not apply on land held in trust for Indians or on restricted Indian land, except with the consent of the Indian beneficiaries. 

action_date: 2018-10-23
text: 

Native American Energy Act

 
 (Sec. 2) This bill amends the Energy Policy Act of 1992 to allow the Department of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring Interior approval. (Currently, Interior sets appraisal requirements.)
 
Interior must approve or disapprove an appraisal within 60 days or the appraisal is deemed approved. 
 A tribe may waive the requirement for an appraisal if it also waives any claims for damages it might have against the United States as a result of the lack of an appraisal. 
(Sec. 3) Each agency within Interior involved in the review of oil and gas activities on Indian lands must use a uniform system of reference numbers and tracking systems for oil and gas wells. 
 
(Sec. 4) This bill amends the National Environmental Policy Act of 1969 to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected tribe, individuals residing within the affected area, and state and local governments within such area. 
 
(Sec. 5) This bill sets forth provisions for the judicial review of a cause of action related to energy development on Indian land.
 
(Sec. 6) 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, for land under Forest Service jurisdiction, to enter into agreements with Indian tribes to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands.
 
(Sec. 7) Activity pursuant to a tribal resource management plan or an integrated resource management plan approved by Interior under the National Indian Forest Resources Management Act or the American Indian Agricultural Resource Management Act is considered to be a sustainable management practice.
 
(Sec. 8) 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 and established for mineral resource leases.
 
(Sec. 9) Interior rules regarding hydraulic fracturing do not apply on land held in trust for Indians or on restricted Indian land, except with the express consent of the Indian beneficiaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation.


Legislative actions:
action_date: 2018-10-23
text: Placed on the Union Calendar, Calendar No. 775.
action_date: 2018-10-23
text: Reported (Amended) by the Committee on Natural Resources. H. Rept. 115-993.
action_date: 2018-10-23
text: Reported (Amended) by the Committee on Natural Resources. H. Rept. 115-993.
action_date: 2017-10-04
text: Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 15.
action_date: 2017-10-04
text: Committee Consideration and Mark-up Session Held.
action_date: 2017-02-10
text: Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs.
action_date: 2017-02-10
text: Referred to the Subcommittee on Energy and Mineral Resources.
action_date: 2017-01-03
text: Referred to the House Committee on Natural Resources.
action_date: 2017-01-03
text: Introduced in House
action_date: 2017-01-03
text: Introduced in House