[115th Congress Public Law 325]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 4445]]
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. <<NOTE: Dec. 18, 2018 - [S. 245]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Indian Tribal
Energy Development and Self-Determination Act Amendments of 2017. 25 USC
3101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Energy Development 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 DEVELOPMENT AND SELF-DETERMINATION 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:
[[Page 132 STAT. 4446]]
``(E) <<NOTE: Consultation.>> 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
established by paragraph (1), the Secretary shall
provide technical 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 generation, 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 Planning 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
subparagraphs (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 programs;''.
(c) Department of Energy Loan Guarantee Program.--Section 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) <<NOTE: Deadline.>> 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''.
[[Page 132 STAT. 4447]]
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 following:
``(i) an electric production, generation,
transmission, 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
following:
``(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
[[Page 132 STAT. 4448]]
``(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) <<NOTE: Time periods.>> 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, produces, 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 activities of the Indian tribe under
the agreement, to be conducted pursuant to subparagraphs
(D) and (E) of subsection (e)(2)); or
``(B) by the Indian tribe and a tribal energy
development organization for which the Indian tribe has
obtained a certification pursuant to subsection (h); and
``(3) <<NOTE: Time period.>> 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
following:
``(1) In general.--
``(A) <<NOTE: Effective date.>> Authorization.--On
or after the date of enactment 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) <<NOTE: Deadline.>> Notice of complete
proposed agreement.--Not later than 60 days after the
date on which the tribal energy resource agreement is
submitted under subparagraph (A), the Secretary shall--
``(i) notify the Indian tribe as to whether
the agreement is complete or incomplete;
[[Page 132 STAT. 4449]]
``(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 Secretary to the Indian tribe to
assist in the implementation 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 following:
``(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 disapproves the
tribal energy resource agreement under
subparagraph (B).
``(ii) Revised tribal energy resource
agreement.--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 disapproves 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 agreement violates applicable Federal law
(including regulations) or a treaty applicable to
the Indian tribe;
``(ii) the tribal energy resource agreement
does not include one or more provisions required
under subparagraph (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
[[Page 132 STAT. 4450]]
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) <<NOTE: Certification.>>
include a certification by the Indian
tribe that the Indian tribe has--
``(aa) <<NOTE: Time
period.>> 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
``(bb) substantial
experience in the
administration, review, or
evaluation of energy resource
leases or agreements or has
otherwise substantially
participated in the
administration, management, or
development of energy resources
located on the tribal land of
the Indian tribe; and
``(XIII) at the option of the Indian
tribe, identify which functions, if any,
authorizing any operational 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 redesignated by subclause (II))
the following:
``(i) <<NOTE: Public information.>> a process
for ensuring that--
``(I) the public is informed of, and
has reasonable 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 agreement,
or right-of-way;'';
(iv) in subparagraph (D)(ii), by striking
``subparagraph (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
[[Page 132 STAT. 4451]]
applicable Federal law (including regulations), unless
the tribal energy resource agreement is--
``(i) rescinded by the Secretary pursuant to
paragraph (7)(D)(iii)(II); or
``(ii) voluntarily rescinded by the Indian
tribe pursuant to the regulations promulgated
under paragraph (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 negotiated 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) <<NOTE: Determination.>> in subparagraph
(A), by striking ``has demonstrated'' 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
[[Page 132 STAT. 4452]]
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
paragraph, 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
Secretary 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 Secretary.--
``(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 Secretary
shall, at the request of the Indian tribe, make available to the
Indian tribe in accordance with this subsection.
[[Page 132 STAT. 4453]]
``(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 paragraph
(1)--
``(A) the provision of amounts to an Indian tribe
under this subsection is subject to the availability of
appropriations; 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
regulations adopted under section 103(b) of the Indian
Tribal Energy Development and Self-Determination Act
Amendments of 2017.
``(B) Applicability.--The effective date or
implementation of a tribal energy resource agreement
under this section 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) <<NOTE: Deadline.>> 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 Amendments 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) <<NOTE: Time period.>> 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
without 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
[[Page 132 STAT. 4454]]
``(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) <<NOTE: Deadline. Certification.>> Action by
secretary.--If the Secretary approves an application for
certification pursuant to paragraph (2), the Secretary shall,
not more than 10 days after making the determination--
``(A) issue a certification stating that--
``(i) the tribal energy development
organization is organized under the laws of the
Indian tribe and subject 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 subsection;
``(B) deliver a copy of the certification to the
Indian tribe; and
``(C) <<NOTE: Federal Register, publication.>>
publish the certification in the Federal Register.
``(i) Sovereign Immunity.--Nothing in this section waives the
sovereign immunity of an Indian tribe.''.
(b) <<NOTE: Deadline. 25 USC 3504 note.>> Regulations.--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
shall promulgate
[[Page 132 STAT. 4455]]
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) <<NOTE: Lists.>> provide to the Indian tribe a
list of the programs, functions, services, and
activities (or any portions of programs, 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
pursuant 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 GOVERNMENTS.
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
paragraphs (4) through (7), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) <<NOTE: Collaboration.>> 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 Organization.--Section
2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501) is amended--
(1) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13), respectively;
(2) by inserting after paragraph (8) the following:
``(9) The term `qualified Indian tribe' means an Indian
tribe that has--
[[Page 132 STAT. 4456]]
``(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
agreements 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 paragraph
(1)) and inserting the following:
``(12) The term `tribal energy development organization'
means--
``(A) any enterprise, partnership, consortium,
corporation, 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 Reorganization Act'') or section 3 of the
Act of June 26, 1936 (49 Stat. 1967, chapter 831)
(commonly known as the `Oklahoma 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 participating 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 development 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)--
[[Page 132 STAT. 4457]]
(A) by striking ``(3) The Secretary'' and inserting
the following:
``(3) Notice and comment; secretarial review.--The
Secretary''; 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;
[[Page 132 STAT. 4458]]
(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
agencies;
(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
exploration and development activities;
(2) a description of the existing geographic database
established 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 development of Indian resources; and
(ii) resource owners; and
[[Page 132 STAT. 4459]]
(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) <<NOTE: 16 USC 800 note.>> 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) <<NOTE: 16 USC 800 note.>> Definition of Indian Tribe.--For
purposes of section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) (as
amended by subsection (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. <<NOTE: 25 USC 3104 note.>> 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 production.
(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. <<NOTE: 25 USC 3104 note.>> 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
[[Page 132 STAT. 4460]]
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 contract
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
infrastructure; 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) <<NOTE: Public information. Deadline.>> 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) <<NOTE: Consultation.>> 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 contract or agreement,
to the maximum extent practicable, management plans (including forest
management and integrated resource management plans) in effect on the
Indian forest land or rangeland of the respective Indian tribe.
[[Page 132 STAT. 4461]]
``(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) <<NOTE: 25 USC 3104 note.>> 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
organization'' 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
application--
(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--
[[Page 132 STAT. 4462]]
(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) <<NOTE: Public information. Deadline.>> 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) <<NOTE: Consultation.>> 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
Secretary shall submit to Congress a report that describes, with
respect to the reporting period--
(A) each individual application received under this
subsection; 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
Secretary 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--
[[Page 132 STAT. 4463]]
``(i) the tribal organization serving the low-
income members of the applicable Indian tribe
requests that the Secretary make a grant directly;
and
``(ii) <<NOTE: Determination.>> 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 presume 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
``Administration.--The amounts'';
(B) by striking ``on the basis of his
determination'';
(C) by striking ``individuals for whom such a
determination 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. <<NOTE: 25 USC 3507.>> 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 alienation, 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> approve the appraisal unless the
Secretary determines that the appraisal fails to meet the
standards set forth in regulations promulgated under subsection
(d).
``(c) <<NOTE: Determination.>> Notice of Disapproval.--If the
Secretary determines that an appraisal submitted for approval under
subsection (b) should
[[Page 132 STAT. 4464]]
be disapproved, the Secretary shall give written notice of the
disapproval 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
regulations 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 subsection (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
following:
``(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,
development, or extraction of any mineral resource
(including geothermal 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,
development, 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. <<NOTE: 25 USC 167.>> TRUST STATUS OF LEASE PAYMENTS.
(a) Definition of Secretary.--In this section, the term
``Secretary'' 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
[[Page 132 STAT. 4465]]
of any interest in any trust or restricted land of any Indian
tribe or individual Indian shall, upon receipt and prior to
Secretarial 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
proposed 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 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 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.
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.
<all>