An act to amend the Indian Tribal Energy Development and Self Determination Act of 2005, and for other purposes
PL 115-325 (S.245), enacted 12/18/2018

132 STAT. 4445 
PUBLIC LAW 115–325—DEC. 18, 2018 
Public Law 115–325 
115th Congress 
An Act 
To amend the Indian Tribal Energy Development and Self Determination Act of 
2005, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Indian Tribal Energy Develop-
ment and Self-Determination Act Amendments of 2017’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF- 
DETERMINATION ACT AMENDMENTS 
Sec. 101. Indian tribal energy resource development. 
Sec. 102. Indian tribal energy resource regulation. 
Sec. 103. Tribal energy resource agreements. 
Sec. 104. Technical assistance for Indian tribal governments. 
Sec. 105. Conforming amendments. 
Sec. 106. Report. 
TITLE II—MISCELLANEOUS AMENDMENTS 
Sec. 201. Issuance of preliminary permits or licenses. 
Sec. 202. Tribal biomass demonstration project. 
Sec. 203. Weatherization program. 
Sec. 204. Appraisals. 
Sec. 205. Leases of restricted lands for Navajo Nation. 
Sec. 206. Extension of tribal lease period for the Crow Tribe of Montana. 
Sec. 207. Trust status of lease payments. 
TITLE I—INDIAN TRIBAL ENERGY DE-
VELOPMENT AND SELF-DETERMINA-
TION ACT AMENDMENTS 
SEC. 101. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT. 
(a) IN GENERAL.—Section 2602(a) of the Energy Policy Act 
of 1992 (25 U.S.C. 3502(a)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (C), by striking ‘‘and’’ after the 
semicolon; 
(B) in subparagraph (D), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
Indian Tribal 
Energy 
Development and 
Self- 
Determination 
Act Amendments 
of 2017. 
25 USC 3101 
note. 
Dec. 18, 2018 
[S. 245] 
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132 STAT. 4446 
PUBLIC LAW 115–325—DEC. 18, 2018 
‘‘(E) consult with each applicable Indian tribe before 
adopting or approving a well spacing program or plan 
applicable to the energy resources of that Indian tribe 
or the members of that Indian tribe.’’; and 
(2) by adding at the end the following: 
‘‘(4) PLANNING.— 
‘‘(A) IN GENERAL.—In carrying out the program estab-
lished by paragraph (1), the Secretary shall provide tech-
nical assistance to interested Indian tribes to develop 
energy plans, including— 
‘‘(i) plans for electrification; 
‘‘(ii) plans for oil and gas permitting, renewable 
energy permitting, energy efficiency, electricity genera-
tion, transmission planning, water planning, and other 
planning relating to energy issues; 
‘‘(iii) plans for the development of energy resources 
and to ensure the protection of natural, historic, and 
cultural resources; and 
‘‘(iv) any other plans that would assist an Indian 
tribe in the development or use of energy resources. 
‘‘(B) COOPERATION.—In establishing the program under 
paragraph (1), the Secretary shall work in cooperation with 
the Office of Indian Energy Policy and Programs of the 
Department of Energy.’’. 
(b) DEPARTMENT OF ENERGY INDIAN ENERGY EDUCATION PLAN-
NING AND MANAGEMENT ASSISTANCE PROGRAM.—Section 2602(b)(2) 
of the Energy Policy Act of 1992 (25 U.S.C. 3502(b)(2)) is amended— 
(1) in the matter preceding subparagraph (A), by inserting 
‘‘, intertribal organization,’’ after ‘‘Indian tribe’’; 
(2) by redesignating subparagraphs (C) and (D) as subpara-
graphs (D) and (E), respectively; and 
(3) by inserting after subparagraph (B) the following: 
‘‘(C) activities to increase the capacity of Indian tribes 
to manage energy development and energy efficiency pro-
grams;’’. 
(c) DEPARTMENT OF ENERGY LOAN GUARANTEE PROGRAM.—Sec-
tion 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) 
is amended— 
(1) in paragraph (1), by inserting ‘‘or a tribal energy 
development organization’’ after ‘‘Indian tribe’’; 
(2) in paragraph (3)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘guarantee’’ and inserting ‘‘guaranteed’’; 
(B) in subparagraph (A), by striking ‘‘or’’; 
(C) in subparagraph (B), by striking the period at 
the end and inserting ‘‘; or’’; and 
(D) by adding at the end the following: 
‘‘(C) a tribal energy development organization, from 
funds of the tribal energy development organization.’’; and 
(3) in paragraph (5), by striking ‘‘The Secretary of Energy 
may’’ and inserting ‘‘Not later than 1 year after the date of 
enactment of the Indian Tribal Energy Development and Self- 
Determination Act Amendments of 2017, the Secretary of 
Energy shall’’. 
Deadline. 
Consultation. 
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132 STAT. 4447 
PUBLIC LAW 115–325—DEC. 18, 2018 
SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULATION. 
Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C. 
3503(c)) is amended— 
(1) in paragraph (1), by striking ‘‘on the request of an 
Indian tribe, the Indian tribe’’ and inserting ‘‘on the request 
of an Indian tribe or a tribal energy development organization, 
the Indian tribe or tribal energy development organization’’; 
and 
(2) in paragraph (2)(B), by inserting ‘‘or tribal energy 
development organization’’ after ‘‘Indian tribe’’. 
SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS. 
(a) AMENDMENT.—Section 2604 of the Energy Policy Act of 
1992 (25 U.S.C. 3504) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking ‘‘or’’ after the 
semicolon at the end; 
(ii) in subparagraph (B)— 
(I) by striking clause (i) and inserting the fol-
lowing: 
‘‘(i) an electric production, generation, trans-
mission, or distribution facility (including a facility 
that produces electricity from renewable energy 
resources) located on tribal land; or’’; and 
(II) in clause (ii)— 
(aa) by inserting ‘‘, at least a portion of 
which have been’’ after ‘‘energy resources’’; 
(bb) by inserting ‘‘or produced from’’ after 
‘‘developed on’’; and 
(cc) by striking ‘‘and’’ after the semicolon 
at the end and inserting ‘‘or’’; and 
(iii) by adding at the end the following: 
‘‘(C) pooling, unitization, or communitization of the 
energy mineral resources of the Indian tribe located on 
tribal land with any other energy mineral resource 
(including energy mineral resources owned by the Indian 
tribe or an individual Indian in fee, trust, or restricted 
status or by any other persons or entities) if the owner, 
or, if appropriate, lessee, of the resources has consented 
or consents to the pooling, unitization, or communitization 
of the other resources under any lease or agreement; and’’; 
and 
(B) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) a lease or business agreement described in paragraph 
(1) shall not require review by, or the approval of, the Secretary 
under section 2103 of the Revised Statutes (25 U.S.C. 81), 
or any other provision of law (including regulations), if the 
lease or business agreement— 
‘‘(A) was executed— 
‘‘(i) in accordance with the requirements of a tribal 
energy resource agreement in effect under subsection 
(e) (including the periodic review and evaluation of 
the activities of the Indian tribe under the agreement, 
to be conducted pursuant to subparagraphs (D) and 
(E) of subsection (e)(2)); or 
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132 STAT. 4448 
PUBLIC LAW 115–325—DEC. 18, 2018 
‘‘(ii) by the Indian tribe and a tribal energy 
development organization for which the Indian tribe 
has obtained a certification pursuant to subsection (h); 
and 
‘‘(B) has a term that does not exceed— 
‘‘(i) 30 years; or 
‘‘(ii) in the case of a lease for the production of 
oil resources, gas resources, or both, 10 years and 
as long thereafter as oil or gas is produced in paying 
quantities.’’; 
(2) by striking subsection (b) and inserting the following: 
‘‘(b) RIGHTS-OF-WAY.—An Indian tribe may grant a right-of- 
way over tribal land without review or approval by the Secretary 
if the right-of-way— 
‘‘(1) serves— 
‘‘(A) an electric production, generation, transmission, 
or distribution facility (including a facility that produces 
electricity from renewable energy resources) located on 
tribal land; 
‘‘(B) a facility located on tribal land that extracts, pro-
duces, processes, or refines energy resources; or 
‘‘(C) the purposes, or facilitates in carrying out the 
purposes, of any lease or agreement entered into for energy 
resource development on tribal land; 
‘‘(2) was executed— 
‘‘(A) in accordance with the requirements of a tribal 
energy resource agreement in effect under subsection (e) 
(including the periodic review and evaluation of the activi-
ties of the Indian tribe under the agreement, to be con-
ducted pursuant to subparagraphs (D) and (E) of subsection 
(e)(2)); or 
‘‘(B) by the Indian tribe and a tribal energy develop-
ment organization for which the Indian tribe has obtained 
a certification pursuant to subsection (h); and 
‘‘(3) has a term that does not exceed 30 years.’’; 
(3) by striking subsection (d) and inserting the following: 
‘‘(d) VALIDITY.—No lease or business agreement entered into, 
or right-of-way granted, pursuant to this section shall be valid 
unless the lease, business agreement, or right-of-way is authorized 
by subsection (a) or (b).’’; 
(4) in subsection (e)— 
(A) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORIZATION.—On or after the date of enact-
ment of the Indian Tribal Energy Development and Self- 
Determination Act Amendments of 2017, a qualified Indian 
tribe may submit to the Secretary a tribal energy resource 
agreement governing leases, business agreements, and 
rights-of-way under this section. 
‘‘(B) NOTICE OF COMPLETE PROPOSED AGREEMENT.—Not 
later than 60 days after the date on which the tribal 
energy resource agreement is submitted under subpara-
graph (A), the Secretary shall— 
‘‘(i) notify the Indian tribe as to whether the agree-
ment is complete or incomplete; 
Deadline. 
Effective date. 
Time period. 
Time periods. 
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132 STAT. 4449 
PUBLIC LAW 115–325—DEC. 18, 2018 
‘‘(ii) if the agreement is incomplete, notify the 
Indian tribe of what information or documentation is 
needed to complete the submission; and 
‘‘(iii) identify and notify the Indian tribe of the 
financial assistance, if any, to be provided by the Sec-
retary to the Indian tribe to assist in the implementa-
tion of the tribal energy resource agreement, including 
the environmental review of individual projects. 
‘‘(C) EFFECT.—Nothing in this paragraph precludes the 
Secretary from providing any financial assistance at any 
time to the Indian tribe to assist in the implementation 
of the tribal energy resource agreement.’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘(2)(A)’’ and all that follows through 
the end of subparagraph (A) and inserting the fol-
lowing: 
‘‘(2) PROCEDURE.— 
‘‘(A) EFFECTIVE DATE.— 
‘‘(i) IN GENERAL.—On the date that is 271 days 
after the date on which the Secretary receives a tribal 
energy resource agreement from a qualified Indian 
tribe under paragraph (1), the tribal energy resource 
agreement shall take effect, unless the Secretary dis-
approves the tribal energy resource agreement under 
subparagraph (B). 
‘‘(ii) REVISED
TRIBAL
ENERGY
RESOURCE
AGREE-
MENT.—On the date that is 91 days after the date 
on which the Secretary receives a revised tribal energy 
resource agreement from a qualified Indian tribe under 
paragraph (4)(B), the revised tribal energy resource 
agreement shall take effect, unless the Secretary dis-
approves the revised tribal energy resource agreement 
under subparagraph (B).’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘(B)’’ and all that follows 
through clause (ii) and inserting the following: 
‘‘(B) DISAPPROVAL.—The Secretary shall disapprove a 
tribal energy resource agreement submitted pursuant to 
paragraph (1) or (4)(B) only if— 
‘‘(i) a provision of the tribal energy resource agree-
ment violates applicable Federal law (including regula-
tions) or a treaty applicable to the Indian tribe; 
‘‘(ii) the tribal energy resource agreement does not 
include one or more provisions required under subpara-
graph (D); or’’; and 
(II) in clause (iii)— 
(aa) in the matter preceding subclause (I), 
by striking ‘‘includes’’ and all that follows 
through ‘‘section—’’ and inserting ‘‘does not 
include provisions that, with respect to any 
lease, business agreement, or right-of-way to 
which the tribal energy resource agreement 
applies—’’; 
(bb) by striking subclauses (I), (II), (V), 
(VIII), and (XV); 
(cc) by redesignating clauses (III), (IV), 
(VI), (VII), (IX) through (XIV), and (XVI) as 
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132 STAT. 4450 
PUBLIC LAW 115–325—DEC. 18, 2018 
clauses (I), (II), (III), (IV), (V) through (X), 
and (XI), respectively; 
(dd) in item (bb) of subclause (XI) (as 
redesignated by item (cc))— 
(AA) by striking ‘‘or tribal’’; and 
(BB) by striking the period at the end 
and inserting a semicolon; and 
(ee) by adding at the end the following: 
‘‘(XII) include a certification by the Indian 
tribe that the Indian tribe has— 
‘‘(aa) carried out a contract or compact 
under title I or IV of the Indian Self-Deter-
mination and Education Assistance Act (25 
U.S.C. 5301 et seq.) for a period of not less 
than 3 consecutive years ending on the date 
on which the Indian tribe submits the applica-
tion without material audit exception (or with-
out any material audit exceptions that were 
not corrected within the 3-year period) relating 
to the management of tribal land or natural 
resources; or 
‘‘(bb) 
substantial 
experience 
in 
the 
administration, review, or evaluation of energy 
resource leases or agreements or has otherwise 
substantially participated in the administra-
tion, management, or development of energy 
resources located on the tribal land of the 
Indian tribe; and 
‘‘(XIII) at the option of the Indian tribe, iden-
tify which functions, if any, authorizing any oper-
ational or development activities pursuant to a 
lease, 
right-of-way, 
or 
business 
agreement 
approved by the Indian tribe, that the Indian tribe 
intends to conduct.’’; 
(iii) in subparagraph (C)— 
(I) by striking clauses (i) and (ii); 
(II) by redesignating clauses (iii) through (v) 
as clauses (ii) through (iv), respectively; and 
(III) by inserting before clause (ii) (as redesig-
nated by subclause (II)) the following: 
‘‘(i) a process for ensuring that— 
‘‘(I) the public is informed of, and has reason-
able opportunity to comment on, any significant 
environmental impacts of the proposed action; and 
‘‘(II) the Indian tribe provides responses to 
relevant and substantive public comments on any 
impacts described in subclause (I) before the 
Indian tribe approves the lease, business agree-
ment, or right-of-way;’’; 
(iv) in subparagraph (D)(ii), by striking ‘‘subpara-
graph 
(B)(iii)(XVI)’’ 
and 
inserting 
‘‘subparagraph 
(B)(iv)(XI)’’; and 
(v) by adding at the end the following: 
‘‘(F) EFFECTIVE
PERIOD.—A tribal energy resource 
agreement that takes effect pursuant to this subsection 
shall remain in effect to the extent any provision of the 
tribal energy resource agreement is consistent with 
Public 
information. 
Time period. 
Certification. 
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132 STAT. 4451 
PUBLIC LAW 115–325—DEC. 18, 2018 
applicable Federal law (including regulations), unless the 
tribal energy resource agreement is— 
‘‘(i) rescinded by the Secretary pursuant to para-
graph (7)(D)(iii)(II); or 
‘‘(ii) voluntarily rescinded by the Indian tribe 
pursuant to the regulations promulgated under para-
graph (8)(B) (or successor regulations).’’; 
(C) in paragraph (4), by striking ‘‘date of disapproval’’ 
and all that follows through the end of subparagraph (C) 
and inserting the following: ‘‘date of disapproval, provide 
the Indian tribe with— 
‘‘(A) a detailed, written explanation of— 
‘‘(i) each reason for the disapproval; and 
‘‘(ii) the revisions or changes to the tribal energy 
resource agreement necessary to address each reason; 
and 
‘‘(B) an opportunity to revise and resubmit the tribal 
energy resource agreement.’’; 
(D) in paragraph (6)— 
(i) in subparagraph (B)— 
(I) by striking ‘‘(B) Subject to’’ and inserting 
the following: 
‘‘(B) Subject only to’’; and 
(II) by striking ‘‘subparagraph (D)’’ and 
inserting ‘‘subparagraphs (C) and (D)’’; 
(ii) in subparagraph (C), in the matter preceding 
clause (i), by inserting ‘‘to perform the obligations of 
the Secretary under this section and’’ before ‘‘to 
ensure’’; and 
(iii) in subparagraph (D), by adding at the end 
the following: 
‘‘(iii) Nothing in this section absolves, limits, or 
otherwise affects the liability, if any, of the United 
States for any— 
‘‘(I) term of any lease, business agreement, 
or right-of-way under this section that is not a 
negotiated term; or 
‘‘(II) losses that are not the result of a nego-
tiated term, including losses resulting from the 
failure of the Secretary to perform an obligation 
of the Secretary under this section.’’; 
(E) in paragraph (7)— 
(i) in subparagraph (A), by striking ‘‘has dem-
onstrated’’ and inserting ‘‘the Secretary determines has 
demonstrated with substantial evidence’’; 
(ii) in subparagraph (B), by striking ‘‘any tribal 
remedy’’ and inserting ‘‘all remedies (if any) provided 
under the laws of the Indian tribe’’; 
(iii) in subparagraph (D)— 
(I) in clause (i), by striking ‘‘determine’’ and 
all that follows through the end of the clause and 
inserting the following: ‘‘determine— 
‘‘(I) whether the petitioner is an interested 
party; and 
‘‘(II) if the petitioner is an interested 
party, whether the Indian tribe is not in 
Determination. 
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132 STAT. 4452 
PUBLIC LAW 115–325—DEC. 18, 2018 
compliance with the tribal energy resource 
agreement as alleged in the petition.’’; 
(II) in clause (ii), by striking ‘‘determination’’ 
and inserting ‘‘determinations’’; and 
(III) in clause (iii), in the matter preceding 
subclause (I) by striking ‘‘agreement’’ the first 
place it appears and all that follows through ‘‘, 
including’’ and inserting ‘‘agreement pursuant to 
clause (i), the Secretary shall only take such action 
as the Secretary determines necessary to address 
the claims of noncompliance made in the petition, 
including’’; 
(iv) in subparagraph (E)(i), by striking ‘‘the manner 
in which’’ and inserting ‘‘, with respect to each claim 
made in the petition, how’’; and 
(v) by adding at the end the following: 
‘‘(G) Notwithstanding any other provision of this para-
graph, the Secretary shall dismiss any petition from an 
interested party that has agreed with the Indian tribe 
to a resolution of the claims presented in the petition 
of that party.’’; 
(F) in paragraph (8)— 
(i) by striking subparagraph (A); 
(ii) by redesignating subparagraphs (B) through 
(D) as subparagraphs (A) through (C), respectively; 
and 
(iii) in subparagraph (A) (as redesignated by clause 
(ii))— 
(I) in clause (i), by striking ‘‘and’’ at the end; 
(II) in clause (ii), by adding ‘‘and’’ after the 
semicolon; and 
(III) by adding at the end the following: 
‘‘(iii) amend an approved tribal energy resource 
agreement to assume authority for approving leases, 
business agreements, or rights-of-way for development 
of another energy resource that is not included in 
an approved tribal energy resource agreement without 
being required to apply for a new tribal energy resource 
agreement;’’ and 
(G) by adding at the end the following: 
‘‘(9) EFFECT.—Nothing in this section authorizes the Sec-
retary to deny a tribal energy resource agreement or any 
amendment to a tribal energy resource agreement, or to limit 
the effect or implementation of this section, due to lack of 
promulgated regulations.’’; 
(5) by redesignating subsection (g) as subsection (j); and 
(6) by inserting after subsection (f) the following: 
‘‘(g) FINANCIAL ASSISTANCE IN LIEU OF ACTIVITIES BY THE SEC-
RETARY.— 
‘‘(1) IN GENERAL.—Any amounts that the Secretary would 
otherwise expend to operate or carry out any program, function, 
service, or activity (or any portion of a program, function, 
service, or activity) of the Department that, as a result of 
an Indian tribe carrying out activities under a tribal energy 
resource agreement, the Secretary does not expend, the Sec-
retary shall, at the request of the Indian tribe, make available 
to the Indian tribe in accordance with this subsection. 
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132 STAT. 4453 
PUBLIC LAW 115–325—DEC. 18, 2018 
‘‘(2) ANNUAL FUNDING AGREEMENTS.—The Secretary shall 
make the amounts described in paragraph (1) available to 
an Indian tribe through an annual written funding agreement 
that is negotiated and entered into with the Indian tribe that 
is separate from the tribal energy resource agreement. 
‘‘(3) EFFECT OF APPROPRIATIONS.—Notwithstanding para-
graph (1)— 
‘‘(A) the provision of amounts to an Indian tribe under 
this subsection is subject to the availability of appropria-
tions; and 
‘‘(B) the Secretary shall not be required to reduce 
amounts for programs, functions, services, or activities that 
serve any other Indian tribe to make amounts available 
to an Indian tribe under this subsection. 
‘‘(4) DETERMINATION.— 
‘‘(A) IN GENERAL.—The Secretary shall calculate the 
amounts under paragraph (1) in accordance with the regu-
lations adopted under section 103(b) of the Indian Tribal 
Energy Development and Self-Determination Act Amend-
ments of 2017. 
‘‘(B) APPLICABILITY.—The effective date or implementa-
tion of a tribal energy resource agreement under this sec-
tion shall not be delayed or otherwise affected by— 
‘‘(i) a delay in the promulgation of regulations 
under section 103(b) of the Indian Tribal Energy 
Development and Self-Determination Act Amendments 
of 2017; 
‘‘(ii) the period of time needed by the Secretary 
to make the calculation required under paragraph (1); 
or 
‘‘(iii) the adoption of a funding agreement under 
paragraph (2). 
‘‘(h) 
CERTIFICATION
OF
TRIBAL
ENERGY
DEVELOPMENT 
ORGANIZATION.— 
‘‘(1) IN GENERAL.—Not later than 90 days after the date 
on which an Indian tribe submits an application for certification 
of a tribal energy development organization in accordance with 
regulations promulgated under section 103(b) of the Indian 
Tribal Energy Development and Self-Determination Act Amend-
ments of 2017, the Secretary shall approve or disapprove the 
application. 
‘‘(2) REQUIREMENTS.—The Secretary shall approve an 
application for certification if— 
‘‘(A)(i) the Indian tribe has carried out a contract or 
compact under title I or IV of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5301 et seq.); 
and 
‘‘(ii) for a period of not less than 3 consecutive years 
ending on the date on which the Indian tribe submits 
the application, the contract or compact— 
‘‘(I) has been carried out by the Indian tribe with-
out material audit exceptions (or without any material 
audit exceptions that were not corrected within the 
3-year period); and 
‘‘(II) has included programs or activities relating 
to the management of tribal land; and 
Time period. 
Deadline. 
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132 STAT. 4454 
PUBLIC LAW 115–325—DEC. 18, 2018 
‘‘(B)(i) the tribal energy development organization is 
organized under the laws of the Indian tribe; 
‘‘(ii)(I) the majority of the interest in the tribal energy 
development organization is owned and controlled by the 
Indian tribe (or the Indian tribe and one or more other 
Indian tribes) the tribal land of which is being developed; 
and 
‘‘(II) the organizing document of the tribal energy 
development organization requires that the Indian tribe 
with jurisdiction over the land maintain at all times the 
controlling interest in the tribal energy development 
organization; 
‘‘(iii) the organizing document of the tribal energy 
development organization requires that the Indian tribe 
(or the Indian tribe and one or more other Indian tribes) 
the tribal land of which is being developed own and control 
at all times a majority of the interest in the tribal energy 
development organization; and 
‘‘(iv) the organizing document of the tribal energy 
development organization includes a statement that the 
organization shall be subject to the jurisdiction, laws, and 
authority of the Indian tribe. 
‘‘(3) ACTION BY SECRETARY.—If the Secretary approves an 
application for certification pursuant to paragraph (2), the Sec-
retary shall, not more than 10 days after making the determina-
tion— 
‘‘(A) issue a certification stating that— 
‘‘(i) the tribal energy development organization is 
organized under the laws of the Indian tribe and sub-
ject to the jurisdiction, laws, and authority of the 
Indian tribe; 
‘‘(ii) the majority of the interest in the tribal energy 
development organization is owned and controlled by 
the Indian tribe (or the Indian tribe and one or more 
other Indian tribes) the tribal land of which is being 
developed; 
‘‘(iii) the organizing document of the tribal energy 
development organization requires that the Indian 
tribe with jurisdiction over the land maintain at all 
times the controlling interest in the tribal energy 
development organization; 
‘‘(iv) the organizing document of the tribal energy 
development organization requires that the Indian 
tribe (or the Indian tribe and one or more other Indian 
tribes the tribal land of which is being developed) 
own and control at all times a majority of the interest 
in the tribal energy development organization; and 
‘‘(v) the certification is issued pursuant this sub-
section; 
‘‘(B) deliver a copy of the certification to the Indian 
tribe; and 
‘‘(C) publish the certification in the Federal Register. 
‘‘(i) SOVEREIGN IMMUNITY.—Nothing in this section waives the 
sovereign immunity of an Indian tribe.’’. 
(b) REGULATIONS.—Not later than 1 year after the date of 
enactment of the Indian Tribal Energy Development and Self-Deter-
mination Act Amendments of 2017, the Secretary shall promulgate 
Deadline. 
25 USC 3504 
note. 
Federal Register, 
publication. 
Deadline. 
Certification. 
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132 STAT. 4455 
PUBLIC LAW 115–325—DEC. 18, 2018 
or update any regulations that are necessary to implement this 
section, including provisions to implement— 
(1) section 2604(e)(8) of the Energy Policy Act of 1992 
(25 U.S.C. 3504(e)(8)), including the process to be followed 
by an Indian tribe amending an existing tribal energy resource 
agreement to assume authority for approving leases, business 
agreements, or rights-of-way for development of an energy 
resource that is not included in the tribal energy resource 
agreement; 
(2) section 2604(g) of the Energy Policy Act of 1992 (25 
U.S.C. 3504(g)) including the manner in which the Secretary, 
at the request of an Indian tribe, shall— 
(A) identify the programs, functions, services, and 
activities (or any portions of programs, functions, services, 
or activities) that the Secretary will not have to operate 
or carry out as a result of the Indian tribe carrying out 
activities under a tribal energy resource agreement; 
(B) identify the amounts that the Secretary would have 
otherwise expended to operate or carry out each program, 
function, service, and activity (or any portion of a program, 
function, service, or activity) identified pursuant to 
subparagraph (A); and 
(C) provide to the Indian tribe a list of the programs, 
functions, services, and activities (or any portions of pro-
grams, functions, services, or activities) identified pursuant 
subparagraph (A) and the amounts associated with each 
program, function, service, and activity (or any portion 
of a program, function, service, or activity) identified pursu-
ant to subparagraph (B); and 
(3) section 2604(h) of the Energy Policy Act of 1992 (25 
U.S.C. 3504(h)), including the process to be followed by, and 
any applicable criteria and documentation required for, an 
Indian tribe to request and obtain the certification described 
in that section. 
SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL GOVERN-
MENTS. 
Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 
3502(b)) is amended— 
(1) by redesignating paragraphs (3) through (6) as para-
graphs (4) through (7), respectively; and 
(2) by inserting after paragraph (2) the following: 
‘‘(3) TECHNICAL AND SCIENTIFIC RESOURCES.—In addition 
to providing grants to Indian tribes under this subsection, 
the Secretary shall collaborate with the Directors of the 
National Laboratories in making the full array of technical 
and scientific resources of the Department of Energy available 
for tribal energy activities and projects.’’. 
SEC. 105. CONFORMING AMENDMENTS. 
(a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT ORGANIZA-
TION.—Section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 
3501) is amended— 
(1) by redesignating paragraphs (9) through (12) as para-
graphs (10) through (13), respectively; 
(2) by inserting after paragraph (8) the following: 
‘‘(9) The term ‘qualified Indian tribe’ means an Indian 
tribe that has— 
Collaboration. 
Lists. 
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132 STAT. 4456 
PUBLIC LAW 115–325—DEC. 18, 2018 
‘‘(A) carried out a contract or compact under title I 
or IV of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5301 et seq.) for a period of 
not less than 3 consecutive years ending on the date on 
which the Indian tribe submits the application without 
material audit exception (or without any material audit 
exceptions that were not corrected within the 3-year period) 
relating to the management of tribal land or natural 
resources; or 
‘‘(B) substantial experience in the administration, 
review, or evaluation of energy resource leases or agree-
ments or has otherwise substantially participated in the 
administration, management, or development of energy 
resources located on the tribal land of the Indian tribe.’’; 
and 
(3) by striking paragraph (12) (as redesignated by para-
graph (1)) and inserting the following: 
‘‘(12) The term ‘tribal energy development organization’ 
means— 
‘‘(A) any enterprise, partnership, consortium, corpora-
tion, or other type of business organization that is engaged 
in the development of energy resources and is wholly owned 
by an Indian tribe (including an organization incorporated 
pursuant to section 17 of the Act of June 18, 1934 (25 
U.S.C. 5124) (commonly known as the ‘‘Indian Reorganiza-
tion Act’’) or section 3 of the Act of June 26, 1936 (49 
Stat. 1967, chapter 831) (commonly known as the ‘Okla-
homa Indian Welfare Act’)); and 
‘‘(B) any organization of two or more entities, at least 
one of which is an Indian tribe, that has the written 
consent of the governing bodies of all Indian tribes partici-
pating in the organization to apply for a grant, loan, or 
other assistance under section 2602 or to enter into a 
lease or business agreement with, or acquire a right-of- 
way from, an Indian tribe pursuant to subsection 
(a)(2)(A)(ii) or (b)(2)(B) of section 2604.’’. 
(b) INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.—Section 
2602 of the Energy Policy Act of 1992 (25 U.S.C. 3502) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘tribal energy resource 
development organizations’’ and inserting ‘‘tribal energy 
development organizations’’; and 
(B) in paragraph (2), by striking ‘‘tribal energy resource 
development organizations’’ each place the term appears 
and inserting ‘‘tribal energy development organizations’’; 
and 
(2) in subsection (b)(2), by striking ‘‘tribal energy resource 
development organization’’ and inserting ‘‘tribal energy develop-
ment organization’’. 
(c) WIND
AND
HYDROPOWER
FEASIBILITY
STUDY.—Section 
2606(c)(3) of the Energy Policy Act of 1992 (25 U.S.C. 3506(c)(3)) 
is amended by striking ‘‘energy resource development’’ and inserting 
‘‘energy development’’. 
(d) CONFORMING AMENDMENTS.—Section 2604(e) of the Energy 
Policy Act of 1992 (25 U.S.C. 3504(e)) is amended— 
(1) in paragraph (3)— 
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132 STAT. 4457 
PUBLIC LAW 115–325—DEC. 18, 2018 
(A) by striking ‘‘(3) The Secretary’’ and inserting the 
following: 
‘‘(3) NOTICE AND COMMENT; SECRETARIAL REVIEW.—The Sec-
retary’’; and 
(B) by striking ‘‘for approval’’; 
(2) in paragraph (4), by striking ‘‘(4) If the Secretary’’ 
and inserting the following: 
‘‘(4) ACTION IN CASE OF DISAPPROVAL.—If the Secretary’’; 
(3) in paragraph (5)— 
(A) by striking ‘‘(5) If an Indian tribe’’ and inserting 
the following: 
‘‘(5) PROVISION OF DOCUMENTS TO SECRETARY.—If an Indian 
tribe’’; and 
(B) in the matter preceding subparagraph (A), by 
striking ‘‘approved’’ and inserting ‘‘in effect’’; 
(4) in paragraph (6)— 
(A) by striking ‘‘(6)(A) In carrying out’’ and inserting 
the following: 
‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT OF SECTION.— 
‘‘(A) In carrying out’’; 
(B) in subparagraph (A), by indenting clauses (i) and 
(ii) appropriately; 
(C) in subparagraph (B), by striking ‘‘approved’’ and 
inserting ‘‘in effect’’; and 
(D) in subparagraph (D)— 
(i) in clause (i), by striking ‘‘an approved tribal 
energy resource agreement’’ and inserting ‘‘a tribal 
energy resource agreement in effect under this section’’; 
and 
(ii) in clause (ii), by striking ‘‘approved by the 
Secretary’’ and inserting ‘‘in effect’’; and 
(5) in paragraph (7)— 
(A) by striking ‘‘(7)(A) In this paragraph’’ and inserting 
the following: 
‘‘(7) PETITIONS BY INTERESTED PARTIES.— 
‘‘(A) In this paragraph’’; 
(B) in subparagraph (A), by striking ‘‘approved by the 
Secretary’’ and inserting ‘‘in effect’’; 
(C) in subparagraph (B), by striking ‘‘approved by the 
Secretary’’ and inserting ‘‘in effect’’; and 
(D) in subparagraph (D)(iii)— 
(i) in subclause (I), by striking ‘‘approved’’; and 
(ii) in subclause (II)— 
(I) by striking ‘‘approval of’’ in the first place 
it appears; and 
(II) by striking ‘‘subsection (a) or (b)’’ and 
inserting ‘‘subsection (a)(2)(A)(i) or (b)(2)(A)’’. 
SEC. 106. REPORT. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Secretary of the Interior shall submit 
to the Committee on Indian Affairs of the Senate and the Committee 
on Natural Resources of the House of Representatives a report 
that details with respect to activities for energy development on 
Indian land, how the Department of the Interior— 
(1) processes and completes the reviews of energy-related 
documents in a timely and transparent manner; 
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132 STAT. 4458 
PUBLIC LAW 115–325—DEC. 18, 2018 
(2) monitors the timeliness of agency review for all energy- 
related documents; 
(3) maintains databases to track and monitor the review 
and approval process for energy-related documents associated 
with conventional and renewable Indian energy resources that 
require Secretarial approval prior to development, including— 
(A) any seismic exploration permits; 
(B) permission to survey; 
(C) archeological and cultural surveys; 
(D) access permits; 
(E) environmental assessments; 
(F) oil and gas leases; 
(G) surface leases; 
(H) rights-of-way agreements; and 
(I) communitization agreements; 
(4) identifies in the databases— 
(A) the date lease applications and permits are received 
by the agency; 
(B) the status of the review; 
(C) the date the application or permit is considered 
complete and ready for review; 
(D) the date of approval; and 
(E) the start and end dates for any significant delays 
in the review process; 
(5) tracks in the databases, for all energy-related leases, 
agreements, applications, and permits that involve multiple 
agency review— 
(A) the dates documents are transferred between agen-
cies; 
(B) the status of the review; 
(C) the date the required reviews are completed; and 
(D) the date interim or final decisions are issued. 
(b) INCLUSIONS.—The report under subsection (a) shall 
include— 
(1) a description of any intermediate and final deadlines 
for agency action on any Secretarial review and approval 
required for Indian conventional and renewable energy explo-
ration and development activities; 
(2) a description of the existing geographic database estab-
lished by the Bureau of Indian Affairs, explaining— 
(A) how the database identifies— 
(i) the location and ownership of all Indian oil 
and gas resources held in trust; 
(ii) resources available for lease; and 
(iii) the location of— 
(I) any lease of land held in trust or restricted 
fee on behalf of any Indian tribe or individual 
Indian; and 
(II) any rights-of-way on that land in effect; 
(B) how the information from the database is made 
available to— 
(i) the officials of the Bureau of Indian Affairs 
with responsibility over the management and develop-
ment of Indian resources; and 
(ii) resource owners; and 
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132 STAT. 4459 
PUBLIC LAW 115–325—DEC. 18, 2018 
(C) any barriers to identifying the information 
described in subparagraphs (A) and (B) or any deficiencies 
in that information; and 
(3) an evaluation of— 
(A) the ability of each applicable agency to track and 
monitor the review and approval process of the agency 
for Indian energy development; and 
(B) the extent to which each applicable agency complies 
with any intermediate and final deadlines. 
TITLE II—MISCELLANEOUS 
AMENDMENTS 
SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LICENSES. 
(a) IN GENERAL.—Section 7(a) of the Federal Power Act (16 
U.S.C. 800(a)) is amended by striking ‘‘States and municipalities’’ 
and inserting ‘‘States, Indian tribes, and municipalities’’. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall not affect— 
(1) any preliminary permit or original license issued before 
the date of enactment of the Indian Tribal Energy Development 
and Self-Determination Act Amendments of 2017; or 
(2) an application for an original license, if the Commission 
has issued a notice accepting that application for filing pursuant 
to section 4.32(d) of title 18, Code of Federal Regulations (or 
successor regulations), before the date of enactment of the 
Indian Tribal Energy Development and Self-Determination Act 
Amendments of 2017. 
(c) DEFINITION OF INDIAN TRIBE.—For purposes of section 7(a) 
of the Federal Power Act (16 U.S.C. 800(a)) (as amended by sub-
section (a)), the term ‘‘Indian tribe’’ has the meaning given the 
term in section 4 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5304). 
SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
(a) PURPOSE.—The purpose of this section is to establish a 
biomass demonstration project for federally recognized Indian tribes 
and Alaska Native corporations to promote biomass energy produc-
tion. 
(b) TRIBAL BIOMASS DEMONSTRATION PROJECT.—The Tribal 
Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) is amended— 
(1) in section 2(a), by striking ‘‘In this section’’ and inserting 
‘‘In this Act’’; and 
(2) by adding at the end the following: 
‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREEMENTS.—For 
each of fiscal years 2017 through 2021, the Secretary shall enter 
into stewardship contracts or similar agreements (excluding 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 
communities by providing reliable supplies of woody biomass from 
Federal land. 
‘‘(b) DEMONSTRATION PROJECTS.—In each fiscal year for which 
projects are authorized, at least 4 new demonstration projects that 
25 USC 3104 
note. 
25 USC 3104 
note. 
16 USC 800 note. 
16 USC 800 note. 
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132 STAT. 4460 
PUBLIC LAW 115–325—DEC. 18, 2018 
meet the eligibility criteria described in subsection (c) shall be 
carried out under contracts or agreements described in subsection 
(a). 
‘‘(c) ELIGIBILITY CRITERIA.—To be eligible to enter into a con-
tract or agreement under this section, an Indian tribe shall submit 
to the Secretary an application— 
‘‘(1) containing such information as the Secretary 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. 
‘‘(d) SELECTION.—In evaluating the applications submitted 
under subsection (c), the Secretary shall— 
‘‘(1) take into consideration— 
‘‘(A) the factors set forth in paragraphs (1) and (2) 
of section 2(e); and 
‘‘(B) whether a proposed project would— 
‘‘(i) increase the availability or reliability of local 
or regional energy; 
‘‘(ii) enhance the economic development of the 
Indian tribe; 
‘‘(iii) result in or improve the connection of electric 
power transmission facilities serving the Indian tribe 
with other electric transmission facilities; 
‘‘(iv) improve the forest health or watersheds of 
Federal land or Indian forest land or rangeland; 
‘‘(v) demonstrate new investments in infrastruc-
ture; or 
‘‘(vi) otherwise promote the use of woody biomass; 
and 
‘‘(2) exclude from consideration any merchantable logs that 
have been identified by the Secretary for commercial sale. 
‘‘(e) IMPLEMENTATION.—The Secretary shall— 
‘‘(1) ensure that the criteria described in subsection (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 organizations likely to be 
affected in developing the application and otherwise carrying 
out this section. 
‘‘(f) REPORT.—Not later than September 20, 2019, 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. 
‘‘(g) 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 con-
tract or agreement, to the maximum extent practicable, manage-
ment plans (including forest management and integrated resource 
management plans) in effect on the Indian forest land or rangeland 
of the respective Indian tribe. 
Consultation. 
Public 
information. 
Deadline. 
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132 STAT. 4461 
PUBLIC LAW 115–325—DEC. 18, 2018 
‘‘(h) TERM.—A contract or agreement 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.’’. 
(c) ALASKA NATIVE BIOMASS DEMONSTRATION PROJECT.— 
(1) DEFINITIONS.—In this subsection: 
(A) FEDERAL LAND.—The term ‘‘Federal land’’ means— 
(i) land of the National Forest System (as defined 
in section 11(a) of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1609(a)) 
administered by the Secretary of Agriculture, acting 
through the Chief of the Forest Service; and 
(ii) public lands (as defined in section 103 of the 
Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1702)), the surface of which is administered 
by the Secretary of the Interior, acting through the 
Director of the Bureau of Land Management. 
(B) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the 
meaning given the term in section 4 of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
5304). 
(C) SECRETARY.—The term ‘‘Secretary’’ means— 
(i) the Secretary of Agriculture, with respect to 
land under the jurisdiction of the Forest Service; and 
(ii) the Secretary of the Interior, with respect to 
land under the jurisdiction of the Bureau of Land 
Management. 
(D) TRIBAL ORGANIZATION.—The term ‘‘tribal organiza-
tion’’ has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 5304). 
(2) AGREEMENTS.—For each of fiscal years 2017 through 
2021, the Secretary shall enter into an agreement or contract 
with an Indian tribe or a tribal organization to carry out 
a demonstration project to promote biomass energy production 
(including biofuel, heat, and electricity generation) by providing 
reliable supplies of woody biomass from Federal land. 
(3) DEMONSTRATION
PROJECTS.—In each fiscal year for 
which projects are authorized, at least 1 new demonstration 
project that meets the eligibility criteria described in paragraph 
(4) shall be carried out under contracts or agreements described 
in paragraph (2). 
(4) ELIGIBILITY CRITERIA.—To be eligible to enter into a 
contract or agreement under this subsection, an Indian tribe 
or tribal organization shall submit to the Secretary an applica-
tion— 
(A) containing such information as the Secretary may 
require; and 
(B) that includes a description of the demonstration 
project proposed to be carried out by the Indian tribe 
or tribal organization. 
(5) SELECTION.—In evaluating the applications submitted 
under paragraph (4), the Secretary shall— 
(A) take into consideration whether a proposed project 
would— 
25 USC 3104 
note. 
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132 STAT. 4462 
PUBLIC LAW 115–325—DEC. 18, 2018 
(i) increase the availability or reliability of local 
or regional energy; 
(ii) enhance the economic development of the 
Indian tribe; 
(iii) result in or improve the connection of electric 
power transmission facilities serving the Indian tribe 
with other electric transmission facilities; 
(iv) improve the forest health or watersheds of 
Federal land or non-Federal land; 
(v) demonstrate new investments in infrastructure; 
or 
(vi) otherwise promote the use of woody biomass; 
and 
(B) exclude from consideration any merchantable logs 
that have been identified by the Secretary for commercial 
sale. 
(6) IMPLEMENTATION.—The Secretary shall— 
(A) ensure that the criteria described in paragraph 
(4) are publicly available by not later than 120 days after 
the date of enactment of this subsection; and 
(B) to the maximum extent practicable, consult with 
Indian tribes and appropriate tribal organizations likely 
to be affected in developing the application and otherwise 
carrying out this subsection. 
(7) REPORT.—Not later than September 20, 2019, the Sec-
retary shall submit to Congress a report that describes, with 
respect to the reporting period— 
(A) each individual application received under this sub-
section; and 
(B) each contract and agreement entered into pursuant 
to this subsection. 
(8) TERM.—A contract or agreement entered into under 
this subsection— 
(A) shall be for a term of not more than 20 years; 
and 
(B) may be renewed in accordance with this subsection 
for not more than an additional 10 years. 
SEC. 203. WEATHERIZATION PROGRAM. 
Section 413(d) of the Energy Conservation and Production Act 
(42 U.S.C. 6863(d)) is amended— 
(1) by striking paragraph (1) and inserting the following: 
‘‘(1) RESERVATION OF AMOUNTS.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B) and 
notwithstanding any other provision of this part, the Sec-
retary shall reserve from amounts that would otherwise 
be allocated to a State under this part not less than 100 
percent, but not more than 150 percent, of an amount 
which bears the same proportion to the allocation of that 
State for the applicable fiscal year as the population of 
all low-income members of an Indian tribe in that State 
bears to the population of all low-income individuals in 
that State. 
‘‘(B) RESTRICTIONS.—Subparagraph (A) shall apply only 
if— 
Consultation. 
Public 
information. 
Deadline. 
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132 STAT. 4463 
PUBLIC LAW 115–325—DEC. 18, 2018 
‘‘(i) the tribal organization serving the low-income 
members of the applicable Indian tribe requests that 
the Secretary make a grant directly; and 
‘‘(ii) the Secretary determines that the low-income 
members of the applicable Indian tribe would be 
equally or better served by making a grant directly 
than a grant made to the State in which the low- 
income members reside. 
‘‘(C) 
PRESUMPTION.—If 
the 
tribal 
organization 
requesting the grant is a tribally designated housing entity 
(as defined in section 4 of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 
4103)) that has operated without material audit exceptions 
(or without any material audit exceptions that were not 
corrected within a 3-year period), the Secretary shall pre-
sume that the low-income members of the applicable Indian 
tribe would be equally or better served by making a grant 
directly to the tribal organization than by a grant made 
to the State in which the low-income members reside.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘The sums’’ and inserting ‘‘ADMINISTRA-
TION.—The amounts’’; 
(B) by striking ‘‘on the basis of his determination’’; 
(C) by striking ‘‘individuals for whom such a determina-
tion has been made’’ and inserting ‘‘low-income members 
of the Indian tribe’’; and 
(D) by striking ‘‘he’’ and inserting ‘‘the Secretary’’; and 
(3) in paragraph (3), by striking ‘‘In order’’ and inserting 
‘‘APPLICATION.—In order’’. 
SEC. 204. APPRAISALS. 
(a) IN GENERAL.—Title XXVI of the Energy Policy Act of 1992 
(25 U.S.C. 3501 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 2607. APPRAISALS. 
‘‘(a) IN GENERAL.—For any transaction that requires approval 
of the Secretary and involves mineral or energy resources held 
in trust by the United States for the benefit of an Indian tribe 
or by an Indian tribe subject to Federal restrictions against alien-
ation, any appraisal relating to fair market value of those resources 
required to be prepared under applicable law may be prepared 
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) SECRETARIAL REVIEW AND APPROVAL.—Not later than 45 
days after the date on which the Secretary receives an appraisal 
prepared by or for an Indian tribe under paragraph (2) or (3) 
of subsection (a), the Secretary shall— 
‘‘(1) review the appraisal; and 
‘‘(2) approve the appraisal unless the Secretary determines 
that the appraisal fails to meet the standards set forth in 
regulations promulgated under subsection (d). 
‘‘(c) NOTICE OF DISAPPROVAL.—If the Secretary determines that 
an appraisal submitted for approval under subsection (b) should 
Determination. 
Deadline. 
Deadline. 
25 USC 3507. 
Determination. 
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whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 4464 
PUBLIC LAW 115–325—DEC. 18, 2018 
be disapproved, the Secretary shall give written notice of the dis-
approval to the Indian tribe and a description of— 
‘‘(1) each reason for the disapproval; and 
‘‘(2) how the appraisal should be corrected or otherwise 
cured to meet the applicable standards set forth in the regula-
tions promulgated under subsection (d). 
‘‘(d) REGULATIONS.—The Secretary shall promulgate regulations 
to carry out this section, including standards the Secretary shall 
use for approving or disapproving the appraisal described in sub-
section (a).’’. 
SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION. 
(a) IN GENERAL.—Subsection (e)(1) of the first section of the 
Act of August 9, 1955 (commonly known as the ‘‘Long-Term Leasing 
Act’’) (25 U.S.C. 415(e)(1)), is amended— 
(1) by striking ‘‘, except a lease for’’ and inserting ‘‘, 
including a lease for’’; 
(2) by striking subparagraph (A) and inserting the fol-
lowing: 
‘‘(A) in the case of a business or agricultural lease, 
99 years;’’; 
(3) in subparagraph (B), by striking the period at the 
end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) in the case of a lease for the exploration, develop-
ment, or extraction of any mineral resource (including geo-
thermal resources), 25 years, except that— 
‘‘(i) any such lease may include an option to renew 
for 1 additional term of not to exceed 25 years; and 
‘‘(ii) any such lease for the exploration, develop-
ment, or extraction of an oil or gas resource shall 
be for a term of not to exceed 10 years, plus such 
additional period as the Navajo Nation determines to 
be appropriate in any case in which an oil or gas 
resource is produced in a paying quantity.’’. 
(b) GAO REPORT.—Not later than 5 years after the date of 
enactment of this Act, the Comptroller General of the United States 
shall prepare and submit to Congress a report describing the 
progress made in carrying out the amendment made by subsection 
(a). 
SEC. 206. EXTENSION OF TRIBAL LEASE PERIOD FOR THE CROW TRIBE 
OF MONTANA. 
Subsection (a) of the first section of the Act of August 9, 
1955 (25 U.S.C. 415(a)), is amended in the second sentence by 
inserting ‘‘, land held in trust for the Crow Tribe of Montana’’ 
after ‘‘Devils Lake Sioux Reservation’’. 
SEC. 207. TRUST STATUS OF LEASE PAYMENTS. 
(a) DEFINITION OF SECRETARY.—In this section, the term ‘‘Sec-
retary’’ means the Secretary of the Interior. 
(b) TREATMENT OF LEASE PAYMENTS.— 
(1) IN GENERAL.—Except as provided in paragraph (2) and 
at the request of the Indian tribe or individual Indian, any 
advance payments, bid deposits, or other earnest money 
received by the Secretary in connection with the review and 
Secretarial approval under any other Federal law (including 
regulations) of a sale, lease, permit, or any other conveyance 
25 USC 167. 
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132 STAT. 4465 
PUBLIC LAW 115–325—DEC. 18, 2018 
LEGISLATIVE HISTORY—S. 245: 
HOUSE REPORTS: No. 115–1057, Pt. 1 (Comm. on Natural Resources). 
SENATE REPORTS: No. 115–84 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 163 (2017): Nov. 29, considered and passed Senate. 
Vol. 164 (2018): Dec. 10, considered and passed House. 
of any interest in any trust or restricted land of any Indian 
tribe or individual Indian shall, upon receipt and prior to Secre-
tarial approval of the contract or conveyance instrument, be 
held in the trust fund system for the benefit of the Indian 
tribe and individual Indian from whose land the funds were 
generated. 
(2) RESTRICTION.—If the advance payment, bid deposit, 
or other earnest money received by the Secretary results from 
competitive bidding, upon selection of the successful bidder, 
only the funds paid by the successful bidder shall be held 
in the trust fund system. 
(c) USE OF FUNDS.— 
(1) IN GENERAL.—On the approval of the Secretary of a 
contract or other instrument for a sale, lease, permit, or any 
other conveyance described in subsection (b)(1), the funds held 
in the trust fund system and described in subsection (b), along 
with all income generated from the investment of those funds, 
shall be disbursed to the Indian tribe or individual Indian 
landowners. 
(2) ADMINISTRATION.—If a contract or other instrument 
for a sale, lease, permit, or any other conveyance described 
in subsection (b)(1) is not approved by the Secretary, the funds 
held in the trust fund system and described in subsection 
(b), along with all income generated from the investment of 
those funds, shall be paid to the party identified in, and in 
such amount and on such terms as set out in, the applicable 
regulations, advertisement, or other notice governing the pro-
posed conveyance of the interest in the land at issue. 
(d) APPLICABILITY.—This section shall apply to any advance 
payment, bid deposit, or other earnest money received by the Sec-
retary in connection with the review and Secretarial approval under 
any other Federal law (including regulations) 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 on or after 
the date of enactment of this Act. 
Approved December 18, 2018. 
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79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES