[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2132 Reported in Senate (RS)]
Calendar No. 501
113th CONGRESS
2d Session
S. 2132
[Report No. 113-224]
To amend the Indian Tribal Energy Development and Self-Determination
Act of 2005, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 13, 2014
Mr. Barrasso (for himself, Mr. Hoeven, Mr. McCain, Mr. Thune, Mr. Enzi,
Ms. Murkowski, Mr. Moran, Mr. Walsh, Mr. Tester, Mrs. Fischer, and Mr.
Udall of Colorado) introduced the following bill; which was read twice
and referred to the Committee on Indian Affairs
July 30, 2014
Reported by Mr. Tester, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Indian Tribal Energy
Development and Self-Determination Act Amendments of 2014''.</DELETED>
<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>
<DELETED> The table of contents for this Act is as
follows:</DELETED>
<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
<DELETED>TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-
DETERMINATION ACT AMENDMENTS
<DELETED>Sec. 101. Indian tribal energy resource development.
<DELETED>Sec. 102. Indian tribal energy resource regulation.
<DELETED>Sec. 103. Tribal energy resource agreements.
<DELETED>Sec. 104. Technical assistance for Indian tribal governments.
<DELETED>Sec. 105. Conforming amendments.
<DELETED>TITLE II--MISCELLANEOUS AMENDMENTS
<DELETED>Sec. 201. Issuance of preliminary permits or licenses.
<DELETED>Sec. 202. Tribal biomass demonstration project.
<DELETED>Sec. 203. Weatherization program.
<DELETED>Sec. 204. Appraisals.
<DELETED>Sec. 205. Leases of restricted lands for Navajo Nation.
<DELETED>TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-
DETERMINATION ACT AMENDMENTS</DELETED>
<DELETED>SEC. 101. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.</DELETED>
<DELETED> (a) In General.--Section 2602(a) of the Energy Policy Act
of 1992 (25 U.S.C. 3502(a)) is amended--</DELETED>
<DELETED> (1) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (C), by striking
``and'' after the semicolon;</DELETED>
<DELETED> (B) in subparagraph (D), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(4) Planning.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) plans for
electrification;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iii) plans for the development
of energy resources and to ensure the
protection of natural, historic, and cultural
resources; and</DELETED>
<DELETED> ``(iv) any other plans that would
assist an Indian tribe in the development or
use of energy resources.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in the matter preceding subparagraph (A), by
inserting ``, intertribal organization,'' after ``Indian
tribe'';</DELETED>
<DELETED> (2) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and</DELETED>
<DELETED> (3) by inserting after subparagraph (B) the
following:</DELETED>
<DELETED> ``(C) activities to increase the capacity
of Indian tribes to manage energy development and
energy efficiency programs;''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in paragraph (1), by inserting ``or a tribal
energy development organization'' after ``Indian
tribe'';</DELETED>
<DELETED> (2) in paragraph (3)--</DELETED>
<DELETED> (A) in the matter preceding subparagraph
(A), by striking ``guarantee'' and inserting
``guaranteed'';</DELETED>
<DELETED> (B) in subparagraph (A), by striking
``or'';</DELETED>
<DELETED> (C) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(C) a tribal energy development
organization, from funds of the tribal energy
development organization.''; and</DELETED>
<DELETED> (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 2014, the Secretary of
Energy shall''.</DELETED>
<DELETED>SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULATION.</DELETED>
<DELETED> Section 2603(c) of the Energy Policy Act of 1992 (25
U.S.C. 3503(c)) is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in paragraph (2)(B), by inserting ``or tribal
energy development organization'' after ``Indian
tribe''.</DELETED>
<DELETED>SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS.</DELETED>
<DELETED> (a) Amendment.--Section 2604 of the Energy Policy Act of
1992 (25 U.S.C. 3504) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``or'' after the semicolon at the
end;</DELETED>
<DELETED> (ii) in subparagraph (B)--
</DELETED>
<DELETED> (I) by striking clause (i)
and inserting the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (II) in clause (ii)--
</DELETED>
<DELETED> (aa) by inserting
``, at least a portion of which
have been'' after ``energy
resources'';</DELETED>
<DELETED> (bb) by inserting
``or produced from'' after
``developed on''; and</DELETED>
<DELETED> (cc) by striking
``and'' after the semicolon at
the end and inserting ``or'';
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(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 of the
resources has consented or consents to the pooling,
unitization, or communitization of the other resources
under any lease or agreement; and''; and</DELETED>
<DELETED> (B) by striking paragraph (2) and
inserting the following:</DELETED>
<DELETED> ``(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, if the lease or
business agreement--</DELETED>
<DELETED> ``(A) was executed--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) by the Indian tribe and a
tribal energy development organization--
</DELETED>
<DELETED> ``(I) for which the Indian
tribe has obtained certification
pursuant to subsection (h);
and</DELETED>
<DELETED> ``(II) the majority of the
interest in which is, and continues to
be throughout the full term or renewal
term (if any) of the lease or business
agreement, owned and controlled by the
Indian tribe (or the Indian tribe and 1
or more other Indian tribes);
and</DELETED>
<DELETED> ``(B) has a term that does not exceed--
</DELETED>
<DELETED> ``(i) 30 years; or</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (2) by striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) serves--</DELETED>
<DELETED> ``(A) an electric production, generation,
transmission, or distribution facility (including a
facility that produces electricity from renewable
energy resources) located on tribal land;</DELETED>
<DELETED> ``(B) a facility located on tribal land
that extracts, produces, processes, or refines energy
resources; or</DELETED>
<DELETED> ``(C) the purposes, or facilitates in
carrying out the purposes, of any lease or agreement
entered into for energy resource development on tribal
land; and</DELETED>
<DELETED> ``(2) was executed--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) by the Indian tribe and a tribal
energy development organization--</DELETED>
<DELETED> ``(i) for which the Indian tribe
has obtained certification pursuant to
subsection (h); and</DELETED>
<DELETED> ``(ii) the majority of the
interest in which is, and continues to be
throughout the full term or renewal term (if
any) of the right-of-way, owned and controlled
by the Indian tribe (or the Indian tribe and 1
or more other Indian tribes); and</DELETED>
<DELETED> ``(3) has a term that does not exceed 30
years.'';</DELETED>
<DELETED> (3) by striking subsection (d) and inserting the
following:</DELETED>
<DELETED> ``(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).'';</DELETED>
<DELETED> (4) in subsection (e)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) by striking ``(2)(A)'' and all
that follows through the end of subparagraph
(A) and inserting the following:</DELETED>
<DELETED> ``(2) Procedure.--</DELETED>
<DELETED> ``(A) Effective date.--</DELETED>
<DELETED> ``(i) In general.--On the date
that is 271 days after the date on which the
Secretary receives a tribal energy resource
agreement from an 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).</DELETED>
<DELETED> ``(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 an 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).'';</DELETED>
<DELETED> (ii) in subparagraph (B)--
</DELETED>
<DELETED> (I) by striking ``(B)''
and all that follows through ``if--''
and inserting the following:</DELETED>
<DELETED> ``(B) Disapproval.--The Secretary shall
disapprove a tribal energy resource agreement submitted
pursuant to paragraph (1) or (4)(B) only if--
'';</DELETED>
<DELETED> (II) by striking clause
(i) and inserting the
following:</DELETED>
<DELETED> ``(i) the Secretary determines
that the Indian tribe has not demonstrated that
the Indian tribe has sufficient capacity to
regulate the development of the specific 1 or
more energy resources identified for
development under the tribal energy resource
agreement submitted by the Indian
tribe;'';</DELETED>
<DELETED> (III) by redesignating
clause (iii) as clause (iv) and
indenting appropriately;</DELETED>
<DELETED> (IV) by striking clause
(ii) and inserting the
following:</DELETED>
<DELETED> ``(ii) a provision of the tribal
energy resource agreement would violate
applicable Federal law (including regulations)
or a treaty applicable to the Indian
tribe;</DELETED>
<DELETED> ``(iii) the tribal energy resource
agreement does not include 1 or more provisions
required under subparagraph (D); or'';
and</DELETED>
<DELETED> (V) in clause (iv) (as
redesignated by subclause (III))--
</DELETED>
<DELETED> (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--'';
and</DELETED>
<DELETED> (bb) in subclause
(XVI)(bb), by striking ``or
tribal'';</DELETED>
<DELETED> (iii) in subparagraph (C)--
</DELETED>
<DELETED> (I) in the matter
preceding clause (i), by inserting
``the approval of'' after ``with
respect to'';</DELETED>
<DELETED> (II) by striking clause
(ii) and inserting the
following:</DELETED>
<DELETED> ``(ii) the identification of
mitigation measures, if any, that, in the
discretion of the Indian tribe, the Indian
tribe might propose for incorporation into the
lease, business agreement, or right-of-
way;'';</DELETED>
<DELETED> (III) in clause (iii)(I),
by striking ``proposed action'' and
inserting ``approval of the lease,
business agreement, or right-of-
way'';</DELETED>
<DELETED> (IV) in clause (iv), by
striking ``and'' at the end;</DELETED>
<DELETED> (V) in clause (v), by
striking the period at the end and
inserting ``; and''; and</DELETED>
<DELETED> (VI) by adding at the end
the following:</DELETED>
<DELETED> ``(vi) the identification of
specific classes or categories of actions, if
any, determined by the Indian tribe not to have
significant environmental effects.'';</DELETED>
<DELETED> (iv) in subparagraph (D)(ii), by
striking ``subparagraph (B)(iii)(XVI)'' and
inserting ``subparagraph (B)(iv)(XV)'';
and</DELETED>
<DELETED> (v) by adding at the end the
following:</DELETED>
<DELETED> ``(F) 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
applicable Federal law (including regulations), unless
the tribal energy resource agreement is--</DELETED>
<DELETED> ``(i) rescinded by the Secretary
pursuant to paragraph (7)(D)(iii)(II);
or</DELETED>
<DELETED> ``(ii) voluntarily rescinded by
the Indian tribe pursuant to the regulations
promulgated under paragraph (8)(B) (or
successor regulations).</DELETED>
<DELETED> ``(G)(i) The Secretary shall make a
capacity determination under subparagraph (B)(i) not
later than 120 days after the date on which the Indian
tribe submits to the Secretary the tribal energy
resource agreement of the Indian tribe pursuant to
paragraph (1), unless the Secretary and the Indian
tribe mutually agree to an extension of the time period
for making the determination.</DELETED>
<DELETED> ``(ii) Any determination that the Indian
tribe lacks the requisite capacity shall be treated as
a disapproval under paragraph (4) and, not later than
10 days after the date of the determination, the
Secretary shall provide to the Indian tribe--</DELETED>
<DELETED> ``(I) a detailed, written
explanation of each reason for the
determination; and</DELETED>
<DELETED> ``(II) a description of the steps
that the Indian tribe should take to
demonstrate sufficient capacity.</DELETED>
<DELETED> ``(H) Notwithstanding any other provision
of this section, an Indian tribe shall be considered to
have demonstrated sufficient capacity under
subparagraph (B)(i) to regulate the development of the
specific 1 or more energy resources of the Indian tribe
identified for development under the tribal energy
resource agreement submitted by the Indian tribe
pursuant to paragraph (1) if--</DELETED>
<DELETED> ``(i) the Secretary determines
that--</DELETED>
<DELETED> ``(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. 450 et seq.);
and</DELETED>
<DELETED> ``(II) for a period of not
less than 3 consecutive years ending on
the date on which the Indian tribe
submits the tribal energy resource
agreement of the Indian tribe pursuant
to paragraph (1) or (4)(B), the
contract or compact--</DELETED>
<DELETED> ``(aa) 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</DELETED>
<DELETED> ``(bb) has
included programs or activities
relating to the management of
tribal land; or</DELETED>
<DELETED> ``(ii) the Secretary fails to make
the determination within the time allowed under
subparagraph (G)(i) (including any extension of
time agreed to under that
subparagraph).'';</DELETED>
<DELETED> (B) 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--
</DELETED>
<DELETED> ``(A) a detailed, written explanation of--
</DELETED>
<DELETED> ``(i) each reason for the
disapproval; and</DELETED>
<DELETED> ``(ii) the revisions or changes to
the tribal energy resource agreement necessary
to address each reason; and</DELETED>
<DELETED> ``(B) an opportunity to revise and
resubmit the tribal energy resource
agreement.'';</DELETED>
<DELETED> (C) in paragraph (6)--</DELETED>
<DELETED> (i) in subparagraph (B)--
</DELETED>
<DELETED> (I) by striking ``(B)
Subject to'' and inserting the
following:</DELETED>
<DELETED> ``(B) Subject only to''; and</DELETED>
<DELETED> (II) by striking
``subparagraph (D)'' and inserting
``subparagraphs (C) and
(D)'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) in subparagraph (D), by
adding at the end the following:</DELETED>
<DELETED> ``(iii) Nothing in this section
absolves, limits, or otherwise affects the
liability, if any, of the United States for
any--</DELETED>
<DELETED> ``(I) term of any lease,
business agreement, or right-of-way
under this section that is not a
negotiated term; or</DELETED>
<DELETED> ``(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.''; and</DELETED>
<DELETED> (D) in paragraph (7)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``has demonstrated'' and inserting
``the Secretary determines has demonstrated
with substantial evidence'';</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking ``any tribal remedy'' and inserting
``all remedies (if any) provided under the laws
of the Indian tribe'';</DELETED>
<DELETED> (iii) in subparagraph (D)--
</DELETED>
<DELETED> (I) in clause (i), by
striking ``determine'' and all that
follows through the end of the clause
and inserting the following:
``determine--</DELETED>
<DELETED> ``(I) whether the
petitioner is an interested party;
and</DELETED>
<DELETED> ``(II) if the petitioner
is an interested party, whether the
Indian tribe is not in compliance with
the tribal energy resource agreement as
alleged in the petition.'';</DELETED>
<DELETED> (II) in clause (ii), by
striking ``determination'' and
inserting ``determinations'';
and</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (iv) in subparagraph (E)(i), by
striking ``the manner in which'' and inserting
``, with respect to each claim made in the
petition, how''; and</DELETED>
<DELETED> (v) by adding at the end the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (5) by redesignating subsection (g) as subsection
(j); and</DELETED>
<DELETED> (6) by inserting after subsection (f) the
following:</DELETED>
<DELETED> ``(g) Financial Assistance in Lieu of Activities by the
Secretary.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Effect of appropriations.--Notwithstanding
paragraph (1)--</DELETED>
<DELETED> ``(A) the provision of amounts to an
Indian tribe under this subsection is subject to the
availability of appropriations; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Determination.--</DELETED>
<DELETED> ``(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 2014.</DELETED>
<DELETED> ``(B) Applicability.--The effective date
or implementation of a tribal energy resource agreement
under this section shall not be delayed or otherwise
affected by--</DELETED>
<DELETED> ``(i) a delay in the promulgation
of regulations under section 103(b) of the
Indian Tribal Energy Development and Self-
Determination Act Amendments of 2014;</DELETED>
<DELETED> ``(ii) the period of time needed
by the Secretary to make the calculation
required under paragraph (1); or</DELETED>
<DELETED> ``(iii) the adoption of a funding
agreement under paragraph (2).</DELETED>
<DELETED> ``(h) Certification of Tribal Energy Development
Organization.--</DELETED>
<DELETED> ``(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
Amendments of 2014, the Secretary shall approve or disapprove
the application.</DELETED>
<DELETED> ``(2) Requirements.--The Secretary shall approve
an application for certification if--</DELETED>
<DELETED> ``(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. 450 et seq.); and</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) has included programs or
activities relating to the management of tribal
land; and</DELETED>
<DELETED> ``(B)(i) the tribal energy development
organization is organized under the laws of the Indian
tribe and subject to the jurisdiction and authority of
the Indian tribe;</DELETED>
<DELETED> ``(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
1 or more other Indian tribes); and</DELETED>
<DELETED> ``(iii) the organizing document of the
tribal energy development organization requires that
the Indian tribe (or the Indian tribe and 1 or more
other Indian tribes) own and control at all times a
majority of the interest in the tribal energy
development organization.</DELETED>
<DELETED> ``(3) 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--</DELETED>
<DELETED> ``(A) issue a certification stating that--
</DELETED>
<DELETED> ``(i) the tribal energy
development organization is organized under the
laws of the Indian tribe and subject to the
jurisdiction and authority of the Indian
tribe;</DELETED>
<DELETED> ``(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 1 or more
other Indian tribes);</DELETED>
<DELETED> ``(iii) the organizing document of
the tribal energy development organization
requires that the Indian tribe (or the Indian
tribe and 1 or more other Indian tribes) own
and control at all times a majority of the
interest in the tribal energy development
organization; and</DELETED>
<DELETED> ``(iv) the certification is issued
pursuant this subsection;</DELETED>
<DELETED> ``(B) deliver a copy of the certification
to the Indian tribe; and</DELETED>
<DELETED> ``(C) publish the certification in the
Federal Register.</DELETED>
<DELETED> ``(i) Sovereign Immunity.--Nothing in this section waives
the sovereign immunity of an Indian tribe.''.</DELETED>
<DELETED> (b) Regulations.--Not later than 1 year after the date of
enactment of the Indian Tribal Energy Development and Self-
Determination Act Amendments of 2014, the Secretary shall promulgate or
update any regulations that are necessary to implement this section,
including provisions to implement--</DELETED>
<DELETED> (1) 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) 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</DELETED>
<DELETED> (2) 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.</DELETED>
<DELETED>SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL
GOVERNMENTS.</DELETED>
<DELETED> Section 2602(b) of the Energy Policy Act of 1992 (25
U.S.C. 3502(b)) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and</DELETED>
<DELETED> (2) by inserting after paragraph (2) the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 105. CONFORMING AMENDMENTS.</DELETED>
<DELETED> (a) Definition of Tribal Energy Development
Organization.--Section 2601 of the Energy Policy Act of 1992 (25 U.S.C.
3501) is amended by striking paragraph (11) and inserting the
following:</DELETED>
<DELETED> ``(11) The term `tribal energy development
organization' means--</DELETED>
<DELETED> ``(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 Indian Reorganization Act of 1934 (25
U.S.C. 477) or section 3 of the Act of June 26, 1936
(25 U.S.C. 503) (commonly known as the `Oklahoma Indian
Welfare Act')); or</DELETED>
<DELETED> ``(B) any organization of 2 or more
entities, at least 1 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.''.</DELETED>
<DELETED> (b) Indian Tribal Energy Resource Development.--Section
2602 of the Energy Policy Act of 1992 (25 U.S.C. 3502) is amended--
</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``tribal
energy resource development organizations'' and
inserting ``tribal energy development organizations'';
and</DELETED>
<DELETED> (B) in paragraph (2), by striking ``tribal
energy resource development organizations'' each place
it appears and inserting ``tribal energy development
organizations''; and</DELETED>
<DELETED> (2) in subsection (b)(2), by striking ``tribal
energy resource development organization'' and inserting
``tribal energy development organization''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (d) Conforming Amendments.--Section 2604(e) of the Energy
Policy Act of 1992 (25 U.S.C. 3504(e)) is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) by striking ``(1) On the date'' and
inserting the following:</DELETED>
<DELETED> ``(1) In general.--On the date''; and</DELETED>
<DELETED> (B) by striking ``for
approval'';</DELETED>
<DELETED> (2) in paragraph (2)(B)(iv) (as redesignated by
section 4(a)(4)(A)(ii)(III))--</DELETED>
<DELETED> (A) in subclause (XIV), by inserting
``and'' after the semicolon at the end;</DELETED>
<DELETED> (B) by striking subclause (XV);
and</DELETED>
<DELETED> (C) by redesignating subclause (XVI) as
subclause (XV);</DELETED>
<DELETED> (3) in paragraph (3)--</DELETED>
<DELETED> (A) by striking ``(3) The Secretary'' and
inserting the following:</DELETED>
<DELETED> ``(3) Notice and comment; secretarial review.--The
Secretary''; and</DELETED>
<DELETED> (B) by striking ``for
approval'';</DELETED>
<DELETED> (4) in paragraph (4), by striking ``(4) If the
Secretary'' and inserting the following:</DELETED>
<DELETED> ``(4) Action in case of disapproval.--If the
Secretary'';</DELETED>
<DELETED> (5) in paragraph (5)--</DELETED>
<DELETED> (A) by striking ``(5) If an Indian tribe''
and inserting the following:</DELETED>
<DELETED> ``(5) Provision of documents to secretary.--If an
Indian tribe''; and</DELETED>
<DELETED> (B) in the matter preceding subparagraph
(A), by striking ``approved'' and inserting ``in
effect'';</DELETED>
<DELETED> (6) in paragraph (6)--</DELETED>
<DELETED> (A) by striking ``(6)(A) In carrying out''
and inserting the following:</DELETED>
<DELETED> ``(6) Secretarial obligations and effect of
section.--</DELETED>
<DELETED> ``(A) In carrying out'';</DELETED>
<DELETED> (B) in subparagraph (A), by indenting
clauses (i) and (ii) appropriately;</DELETED>
<DELETED> (C) in subparagraph (B), by striking
``approved'' and inserting ``in effect''; and</DELETED>
<DELETED> (D) in subparagraph (D)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) in clause (ii), by striking
``approved by the Secretary'' and inserting
``in effect''; and</DELETED>
<DELETED> (7) in paragraph (7)--</DELETED>
<DELETED> (A) by striking ``(7)(A) In this
paragraph'' and inserting the following:</DELETED>
<DELETED> ``(7) Petitions by interested parties.--</DELETED>
<DELETED> ``(A) In this paragraph'';</DELETED>
<DELETED> (B) in subparagraph (A), by striking
``approved by the Secretary'' and inserting ``in
effect'';</DELETED>
<DELETED> (C) in subparagraph (B), by striking
``approved by the Secretary'' and inserting ``in
effect''; and</DELETED>
<DELETED> (D) in subparagraph (D)(iii)--</DELETED>
<DELETED> (i) in subclause (I), by striking
``approved''; and</DELETED>
<DELETED> (ii) in subclause (II)--</DELETED>
<DELETED> (I) by striking ``approval
of'' in the first place it appears;
and</DELETED>
<DELETED> (II) by striking
``subsection (a) or (b)'' and inserting
``subsection (a)(2)(A)(i) or
(b)(2)(A)''.</DELETED>
<DELETED>TITLE II--MISCELLANEOUS AMENDMENTS</DELETED>
<DELETED>SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR
LICENSES.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Applicability.--The amendment made by subsection (a)
shall not affect--</DELETED>
<DELETED> (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 2014;
or</DELETED>
<DELETED> (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 2014.</DELETED>
<DELETED> (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
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. 450b).</DELETED>
<DELETED>SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Tribal Biomass Demonstration Project.--The Tribal
Forest Protection Act of 2004 (Public Law 108-278; 118 Stat. 868) is
amended--</DELETED>
<DELETED> (1) in section 2(a), by striking ``In this
section'' and inserting ``In this Act''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED>``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.</DELETED>
<DELETED> ``(a) Stewardship Contracts or Similar Agreements.--For
each of fiscal years 2015 through 2019, 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.</DELETED>
<DELETED> ``(b) Demonstration Projects.--In each fiscal year for
which projects are authorized, at least 4 new demonstration projects
that meet the eligibility criteria described in subsection (c) shall be
carried out under contracts or agreements described in subsection
(a).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) containing such information as the Secretary
may require; and</DELETED>
<DELETED> ``(2) that includes a description of--</DELETED>
<DELETED> ``(A) the Indian forest land or rangeland
under the jurisdiction of the Indian tribe;
and</DELETED>
<DELETED> ``(B) the demonstration project proposed
to be carried out by the Indian tribe.</DELETED>
<DELETED> ``(d) Selection.--In evaluating the applications submitted
under subsection (c), the Secretary shall--</DELETED>
<DELETED> ``(1) take into consideration--</DELETED>
<DELETED> ``(A) the factors set forth in paragraphs
(1) and (2) of section 2(e); and</DELETED>
<DELETED> ``(B) whether a proposed project would--
</DELETED>
<DELETED> ``(i) increase the availability or
reliability of local or regional
energy;</DELETED>
<DELETED> ``(ii) enhance the economic
development of the Indian tribe;</DELETED>
<DELETED> ``(iii) result in or improve the
connection of electric power transmission
facilities serving the Indian tribe with other
electric transmission facilities;</DELETED>
<DELETED> ``(iv) improve the forest health
or watersheds of Federal land or Indian forest
land or rangeland;</DELETED>
<DELETED> ``(v) demonstrate new investments
in infrastructure; or</DELETED>
<DELETED> ``(vi) otherwise promote the use
of woody biomass; and</DELETED>
<DELETED> ``(2) exclude from consideration any merchantable
logs that have been identified by the Secretary for commercial
sale.</DELETED>
<DELETED> ``(e) Implementation.--The Secretary shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Report.--Not later than September 20, 2017, the
Secretary shall submit to Congress a report that describes, with
respect to the reporting period--</DELETED>
<DELETED> ``(1) each individual tribal application received
under this section; and</DELETED>
<DELETED> ``(2) each contract and agreement entered into
pursuant to this section.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(h) Term.--A contract or agreement entered into under
this section--</DELETED>
<DELETED> ``(1) shall be for a term of not more than 20
years; and</DELETED>
<DELETED> ``(2) may be renewed in accordance with this
section for not more than an additional 10 years.''.</DELETED>
<DELETED> (c) Alaska Native Corporation Biomass Demonstration
Project.--</DELETED>
<DELETED> (1) Definitions.--In this subsection:</DELETED>
<DELETED> (A) Alaska native corporation.--The term
``Alaska Native corporation'' has the meaning given the
term ``Native Corporation'' in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C.
1602).</DELETED>
<DELETED> (B) Federal land.--The term ``Federal
land'' means--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) public lands (as defined in
section 103 of the Federal Land Policy
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.</DELETED>
<DELETED> (C) Forest land.--The term ``forest land''
means land that--</DELETED>
<DELETED> (i) is conveyed to an Alaska
Native corporation pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et
seq.); and</DELETED>
<DELETED> (ii)(I) is considered chiefly
valuable for the production of forest products
or to maintain watershed or other land values
enhanced by a forest cover (including
commercial and noncommercial timberland and
woodland), regardless of whether a formal
inspection and land classification action has
been taken; or</DELETED>
<DELETED> (II) formerly had a forest or
vegetative cover that is capable of
restoration.</DELETED>
<DELETED> (D) Secretary.--The term ``Secretary''
means--</DELETED>
<DELETED> (i) the Secretary of Agriculture,
with respect to land under the jurisdiction of
the Forest Service; and</DELETED>
<DELETED> (ii) the Secretary of the
Interior, with respect to land under the
jurisdiction of the Bureau of Land
Management.</DELETED>
<DELETED> (2) Agreements.--For each of fiscal years 2015
through 2019, the Secretary shall enter into a stewardship
contract or similar agreement (excluding a direct service
contract) with 1 or more Alaska Native corporations to carry
out a demonstration project to promote biomass energy
production (including biofuel, heat, and electricity
generation) on forest land of the Alaska Native corporations
and in nearby communities by providing reliable supplies of
woody biomass from Federal land.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (4) Eligibility criteria.--To be eligible to enter
into a contract or agreement under this subsection, an Alaska
Native corporation shall submit to the Secretary an
application--</DELETED>
<DELETED> (A) containing such information as the
Secretary may require; and</DELETED>
<DELETED> (B) that includes a description of--
</DELETED>
<DELETED> (i) the forest land or rangeland
under the jurisdiction of the Alaska Native
corporation; and</DELETED>
<DELETED> (ii) the demonstration project
proposed to be carried out by the Alaska Native
corporation.</DELETED>
<DELETED> (5) Selection.--In evaluating the applications
submitted under paragraph (4), the Secretary shall--</DELETED>
<DELETED> (A) take into consideration whether a
proposed project would--</DELETED>
<DELETED> (i) increase the availability or
reliability of local or regional
energy;</DELETED>
<DELETED> (ii) enhance the economic
development of the Alaska Native
corporation;</DELETED>
<DELETED> (iii) result in or improve the
connection of electric power transmission
facilities serving the Alaska Native
corporation with other electric transmission
facilities;</DELETED>
<DELETED> (iv) improve the forest health or
watersheds of Federal land or Alaska Native
corporation forest land or rangeland;</DELETED>
<DELETED> (v) demonstrate new investments in
infrastructure; or</DELETED>
<DELETED> (vi) otherwise promote the use of
woody biomass; and</DELETED>
<DELETED> (B) exclude from consideration any
merchantable logs that have been identified by the
Secretary for commercial sale.</DELETED>
<DELETED> (6) Implementation.--The Secretary shall--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) to the maximum extent practicable,
consult with Alaska Native corporations and appropriate
Alaska Native organizations likely to be affected in
developing the application and otherwise carrying out
this subsection.</DELETED>
<DELETED> (7) Report.--Not later than September 20, 2017,
the Secretary shall submit to Congress a report that describes,
with respect to the reporting period--</DELETED>
<DELETED> (A) each individual application received
under this subsection; and</DELETED>
<DELETED> (B) each contract and agreement entered
into pursuant to this subsection.</DELETED>
<DELETED> (8) Term.--A contract or agreement entered into
under this subsection--</DELETED>
<DELETED> (A) shall be for a term of not more than
20 years; and</DELETED>
<DELETED> (B) may be renewed in accordance with this
subsection for not more than an additional 10
years.</DELETED>
<DELETED>SEC. 203. WEATHERIZATION PROGRAM.</DELETED>
<DELETED> Section 413(d) of the Energy Conservation and Production
Act (42 U.S.C. 6863(d)) is amended--</DELETED>
<DELETED> (1) by striking paragraph (1) and inserting the
following:</DELETED>
<DELETED> ``(1) Reservation of amounts.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Restrictions.--Subparagraph (A)
shall apply only if--</DELETED>
<DELETED> ``(i) the tribal organization
serving the low-income members of the
applicable Indian tribe requests that the
Secretary make a grant directly; and</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) by striking ``The sums'' and inserting
``Administration.--The amounts'';</DELETED>
<DELETED> (B) by striking ``on the basis of his
determination'';</DELETED>
<DELETED> (C) by striking ``individuals for whom
such a determination has been made'' and inserting
``low-income members of the Indian tribe'';
and</DELETED>
<DELETED> (D) by striking ``he'' and inserting ``the
Secretary''; and</DELETED>
<DELETED> (3) in paragraph (3), by striking ``In order'' and
inserting ``Application.--In order''.</DELETED>
<DELETED>SEC. 204. APPRAISALS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 2607. APPRAISALS.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the Secretary;</DELETED>
<DELETED> ``(2) the affected Indian tribe; or</DELETED>
<DELETED> ``(3) a certified, third-party appraiser pursuant
to a contract with the Indian tribe.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) review the appraisal; and</DELETED>
<DELETED> ``(2) approve the appraisal unless the Secretary
determines that the appraisal fails to meet the standards set
forth in regulations promulgated under subsection
(d).</DELETED>
<DELETED> ``(c) Notice of Disapproval.--If the Secretary determines
that an appraisal submitted for approval under subsection (b) should be
disapproved, the Secretary shall give written notice of the disapproval
to the Indian tribe and a description of--</DELETED>
<DELETED> ``(1) each reason for the disapproval;
and</DELETED>
<DELETED> ``(2) how the appraisal should be corrected or
otherwise cured to meet the applicable standards set forth in
the regulations promulgated under subsection (d).</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO
NATION.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by striking ``, except a lease for'' and
inserting ``, including a lease for'';</DELETED>
<DELETED> (2) by striking subparagraph (A) and inserting the
following:</DELETED>
<DELETED> ``(A) in the case of a business or
agricultural lease, 99 years;'';</DELETED>
<DELETED> (3) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(C) in the case of a lease for the
exploration, development, or extraction of any mineral
resource (including geothermal resources), 25 years,
except that--</DELETED>
<DELETED> ``(i) any such lease may include
an option to renew for 1 additional term of not
to exceed 25 years; and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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)(4).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Energy Development and
Self-Determination Act Amendments of 2014''.
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. Indian energy efficiency.
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:
``(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
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) 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 2014, the Secretary of Energy
shall''.
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 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, 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
``(ii) by the Indian tribe and a tribal
energy development organization--
``(I) for which the Indian tribe
has obtained certification pursuant to
subsection (h); and
``(II) the majority of the interest
in which is, and continues to be
throughout the full term or renewal
term (if any) of the lease or business
agreement, owned and controlled by the
Indian tribe (or the Indian tribe and 1
or more other Indian tribes the tribal
land of which is being developed); 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, 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; and
``(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--
``(i) for which the Indian tribe has
obtained certification pursuant to subsection
(h); and
``(ii) the majority of the interest in
which is, and continues to be throughout the
full term or renewal term (if any) of the
right-of-way, owned and controlled by the
Indian tribe (or the Indian tribe and 1 or more
other Indian tribes the tribal land of which is
being developed); 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
following:
``(1) In general.--On or after the date of enactment of the
Indian Tribal Energy Development and Self-Determination Act
Amendments of 2014, an Indian tribe may submit to the Secretary
a tribal energy resource agreement governing leases, business
agreements, and rights-of-way under this section.'';
(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 an 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
an 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 ``if--'' 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--'';
(II) by striking clause (i) and
inserting the following:
``(i) the Secretary determines that the
Indian tribe has not demonstrated that the
Indian tribe has sufficient capacity to
regulate the development of the specific 1 or
more energy resources identified for
development under the tribal energy resource
agreement submitted by the Indian tribe;'';
(III) by redesignating clause (iii)
as clause (iv) and indenting
appropriately;
(IV) by striking clause (ii) and
inserting the following:
``(ii) a provision of the tribal energy
resource agreement would violate applicable
Federal law (including regulations) or a treaty
applicable to the Indian tribe;
``(iii) the tribal energy resource
agreement does not include 1 or more provisions
required under subparagraph (D); or''; and
(V) in clause (iv) (as redesignated
by subclause (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--''; and
(bb) in subclause
(XVI)(bb), by striking ``or
tribal'';
(iii) in subparagraph (C)--
(I) in the matter preceding clause
(i), by inserting ``the approval of''
after ``with respect to'';
(II) by striking clause (ii) and
inserting the following:
``(ii) the identification of mitigation
measures, if any, that, in the discretion of
the Indian tribe, the Indian tribe might
propose for incorporation into the lease,
business agreement, or right-of-way;'';
(III) in clause (iii)(I), by
striking ``proposed action'' and
inserting ``approval of the lease,
business agreement, or right-of-way'';
(IV) in clause (iv), by striking
``and'' at the end;
(V) in clause (v), by striking the
period at the end and inserting ``;
and''; and
(VI) by adding at the end the
following:
``(vi) the identification of specific
classes or categories of actions, if any,
determined by the Indian tribe not to have
significant environmental effects.'';
(iv) in subparagraph (D)(ii), by striking
``subparagraph (B)(iii)(XVI)'' and inserting
``subparagraph (B)(iv)(XV)''; and
(v) by adding at the end the following:
``(F) 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 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).
``(G)(i) The Secretary shall make a preliminary
capacity determination under subparagraph (B)(i) not
later than 120 days after the date on which the Indian
tribe submits to the Secretary the tribal energy
resource agreement of the Indian tribe pursuant to
paragraph (1), unless the Secretary and the Indian
tribe mutually agree to an extension of the time period
for making the determination.
``(ii) Any determination (including any preliminary
determination) that the Indian tribe lacks the
requisite capacity shall be treated as a disapproval
under paragraph (4) and, not later than 10 days after
the date of the determination, the Secretary shall
provide to the Indian tribe--
``(I) a detailed, written explanation of
each reason for the determination; and
``(II) a description of the steps that the
Indian tribe should take to demonstrate
sufficient capacity.
``(H) Notwithstanding any other provision of this
section, an Indian tribe shall be considered to have
demonstrated sufficient capacity under subparagraph
(B)(i) to regulate the development of the specific 1 or
more energy resources of the Indian tribe identified
for development under the tribal energy resource
agreement submitted by the Indian tribe pursuant to
paragraph (1) if--
``(i) the Secretary determines that--
``(I)(aa) 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. 450 et seq.); and
``(bb) for a period of not less
than 3 consecutive years ending on the
date on which the Indian tribe submits
the tribal energy resource agreement of
the Indian tribe pursuant to paragraph
(1) or (4)(B), the contract or
compact--
``(AA) 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
``(BB) has included
programs or activities relating
to the management of the
environment, tribal land,
realty, or natural resources;
or
``(II) the Indian tribe has carried
out approval of surface leases under
subsection (h) of the first section of
the Act of August 9, 1955 (commonly
known as the `Long-Term Leasing Act')
(25 U.S.C. 415(h)) for the previous
calendar year without a finding of a
compliance violation under paragraph
(8)(B) of that subsection; or
``(ii) the Secretary fails to make the
preliminary determination within the time
allowed under subparagraph (G)(i) (including
any extension of time agreed to under that
subparagraph).'';
(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) 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
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)(B)--
(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.
``(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 2014.
``(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 2014;
``(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 Amendments
of 2014, 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. 450 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 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
``(B)(i) the tribal energy development organization
is organized under the laws of the Indian tribe and
subject to the jurisdiction 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 1 or more
other Indian tribes the tribal land of which is being
developed); and
``(iii) the organizing document of the tribal
energy development organization requires that the
Indian tribe (or the Indian tribe and 1 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.
``(3) 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
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 1 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 (or the Indian tribe and
1 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 certification is issued pursuant
this subsection;
``(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-Determination Act
Amendments of 2014, the Secretary shall promulgate 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 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) 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 by
striking paragraph (11) and inserting the following:
``(11) 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
Indian Reorganization Act of 1934 (25 U.S.C. 477) or
section 3 of the Act of June 26, 1936 (25 U.S.C. 503)
(commonly known as the `Oklahoma Indian Welfare Act'));
or
``(B) any organization of 2 or more entities, at
least 1 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 it
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 (2)(B)(iv) (as redesignated by section
103(a)(4)(A)(ii)(III))--
(A) in subclause (XIV), by inserting ``and'' after
the semicolon at the end;
(B) by striking subclause (XV); and
(C) by redesignating subclause (XVI) as subclause
(XV);
(2) in paragraph (3)--
(A) by striking ``(3) The Secretary'' and inserting
the following:
``(3) Notice and comment; secretarial review.--The
Secretary''; and
(B) by striking ``for approval'';
(3) in paragraph (4), by striking ``(4) If the Secretary''
and inserting the following:
``(4) Action in case of disapproval.--If the Secretary'';
(4) 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'';
(5) 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
(6) 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. INDIAN ENERGY EFFICIENCY.
Part D of title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.) is amended by adding at the end the following:
``SEC. 367. INDIAN ENERGY EFFICIENCY PROGRAM.
``(a) Definition of Indian Tribe.--In this section, 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.
450b).
``(b) Purpose.--The purpose of the grants provided under subsection
(d) shall be to assist Indian tribes in implementing strategies--
``(1) to develop alternative and renewable energy resources
within the jurisdictions of eligible entities in a manner
that--
``(A) is environmentally sustainable; and
``(B) to the maximum extent practicable, maximizes
benefits for Indian tribes and tribal members;
``(2) to increase the energy efficiency of Indian tribes
and tribal members; and
``(3) to improve energy efficiency in--
``(A) the transportation sector;
``(B) the building sector; and
``(C) other appropriate sectors.
``(c) Tribal Allocation.--Of the amount of funds authorized to be
appropriated for each fiscal year under section 365(f) to carry out
this part, the Secretary shall allocate not less than 2.5 percent of
the funds for each fiscal year to be distributed to Indian tribes in
accordance with subsection (d).
``(d) Grants.--Of the amounts available for distribution under
subsection (c), the Secretary shall establish a competitive process for
providing grants under this section that gives priority to projects
that--
``(1) increase energy efficiency and energy conservation
rather than new energy generation projects;
``(2) integrate cost-effective renewable energy with energy
efficiency;
``(3) move beyond the planning stage and are ready for
implementation;
``(4) clearly articulate and demonstrate the ability to
achieve measurable goals;
``(5) have the potential to make an impact in the
government buildings, infrastructure, communities, and land of
an Indian tribe; and
``(6) maximize the creation or retention of jobs on Indian
land.
``(e) Use of Funds.--An Indian tribe may use a grant received under
this section to carry out activities to achieve the purposes described
in subsection (b), including--
``(1) the development and implementation of energy
efficiency and conservation strategies;
``(2) the retention of technical consultant services to
assist the Indian tribe in the development of an energy
efficiency and conservation strategy, including--
``(A) the formulation of energy efficiency, energy
conservation, and energy usage goals;
``(B) the identification of strategies to achieve
the goals--
``(i) through efforts to increase energy
efficiency and reduce energy consumption; and
``(ii) by encouraging behavioral changes
among the population served by the Indian
tribe;
``(C) the development of methods to measure
progress in achieving the goals;
``(D) the development and publication of annual
reports to the population served by the eligible entity
describing--
``(i) the strategies and goals; and
``(ii) the progress made in achieving the
strategies and goals during the preceding
calendar year; and
``(E) other services to assist in the
implementation of the energy efficiency and
conservation strategy;
``(3) the implementation of residential and commercial
building energy audits;
``(4) the establishment of financial incentive programs for
energy efficiency improvements;
``(5) the provision of grants for the purpose of performing
energy efficiency retrofits;
``(6) the development and implementation of energy
efficiency and conservation programs for buildings and
facilities within the jurisdiction of the Indian tribe,
including--
``(A) the design and operation of the programs;
``(B) the identification of the most effective
methods of achieving maximum participation and
efficiency rates;
``(C) the education of the members of an Indian
tribe;
``(D) the measurement and verification protocols of
the programs; and
``(E) the identification of energy efficient
technologies;
``(7) the development and implementation of programs to
conserve energy used in transportation, including--
``(A) the use of--
``(i) flextime by employers; or
``(ii) satellite work centers;
``(B) the development and promotion of zoning
guidelines or requirements that promote energy-
efficient development;
``(C) the development of infrastructure, including
bike lanes, pathways, and pedestrian walkways;
``(D) the synchronization of traffic signals; and
``(E) other measures that increase energy
efficiency and decrease energy consumption;
``(8) the development and implementation of building codes
and inspection services to promote building energy efficiency;
``(9) the application and implementation of energy
distribution technologies that significantly increase energy
efficiency, including--
``(A) distributed resources; and
``(B) district heating and cooling systems;
``(10) the implementation of activities to increase
participation and efficiency rates for material conservation
programs, including source reduction, recycling, and recycled
content procurement programs that lead to increases in energy
efficiency;
``(11) the purchase and implementation of technologies to
reduce, capture, and, to the maximum extent practicable, use
methane and other greenhouse gases generated by landfills or
similar sources;
``(12) the replacement of traffic signals and street
lighting with energy-efficient lighting technologies,
including--
``(A) light-emitting diodes; and
``(B) any other technology of equal or greater
energy efficiency;
``(13) the development, implementation, and installation on
or in any government building of the Indian tribe of onsite
renewable energy technology that generates electricity from
renewable resources, including--
``(A) solar energy;
``(B) wind energy;
``(C) fuel cells; and
``(D) biomass; and
``(14) any other appropriate activity, as determined by the
Secretary, in consultation with--
``(A) the Secretary of the Interior;
``(B) the Administrator of the Environmental
Protection Agency;
``(C) the Secretary of Transportation;
``(D) the Secretary of Housing and Urban
Development; and
``(E) Indian tribes.
``(f) Grant Applications.--
``(1) In general.--
``(A) Application.--To apply for a grant under this
section, an Indian tribe shall submit to the Secretary
a proposed energy efficiency and conservation strategy
in accordance with this paragraph.
``(B) Contents.--A proposed strategy described in
subparagraph (A) shall include a description of--
``(i) the goals of the Indian tribe for
increased energy efficiency and conservation in
the jurisdiction of the Indian tribe; and
``(ii) the manner in which--
``(I) the proposed strategy
complies with the restrictions
described in subsection (e); and
``(II) a grant will allow the
Indian tribe fulfill the goals of the
proposed strategy.
``(2) Approval.--
``(A) In general.--The Secretary shall approve or
disapprove a proposed strategy under paragraph (1) by
not later than 120 days after the date of submission of
the proposed strategy.
``(B) Disapproval.--If the Secretary disapproves a
proposed strategy under paragraph (1)--
``(i) the Secretary shall provide to the
Indian tribe the reasons for the disapproval;
and
``(ii) the Indian tribe may revise and
resubmit the proposed strategy as many times as
necessary, until the Secretary approves a
proposed strategy.
``(C) Requirement.--The Secretary shall not provide
to an Indian tribe a grant under this section until a
proposed strategy is approved by the Secretary.
``(3) Limitations on use of funds.--Of the amounts provided
to an Indian tribe under this section, an Indian tribe may use
for administrative expenses, excluding the cost of the
reporting requirements of this section, an amount equal to the
greater of--
``(A) 10 percent of the administrative expenses; or
``(B) $75,000.
``(4) Annual report.--Not later than 2 years after the date
on which funds are initially provided to an Indian tribe under
this section, and annually thereafter, the Indian tribe shall
submit to the Secretary a report describing--
``(A) the status of development and implementation
of the energy efficiency and conservation strategy; and
``(B) to the maximum extent practicable, an
assessment of energy efficiency gains within the
jurisdiction of the Indian tribe.''.
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 2014; 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 2014.
(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 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. 450b).
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 production.
(b) Tribal Biomass Demonstration Project.--The Tribal Forest
Protection Act of 2004 (Public Law 108-278; 118 Stat. 868) 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 2015 through 2019, 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
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) 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, 2017, 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.
``(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 Corporation Biomass Demonstration Project.--
(1) Definitions.--In this subsection:
(A) Alaska native corporation.--The term ``Alaska
Native corporation'' has the meaning given the term
``Native Corporation'' in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
(B) 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 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.
(C) Forest land.--The term ``forest land'' means
land that--
(i) is conveyed to an Alaska Native
corporation pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.);
and
(ii)(I) is considered chiefly valuable for
the production of forest products or to
maintain watershed or other land values
enhanced by a forest cover (including
commercial and noncommercial timberland and
woodland), regardless of whether a formal
inspection and land classification action has
been taken; or
(II) formerly had a forest or vegetative
cover that is capable of restoration.
(D) 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.
(2) Agreements.--For each of fiscal years 2015 through
2019, the Secretary shall enter into a stewardship contract or
similar agreement (excluding a direct service contract) with 1
or more Alaska Native corporations to carry out a demonstration
project to promote biomass energy production (including
biofuel, heat, and electricity generation) on forest land of
the Alaska Native corporations and in nearby communities 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 Alaska Native
corporation shall submit to the Secretary an application--
(A) containing such information as the Secretary
may require; and
(B) that includes a description of--
(i) the forest land or rangeland under the
jurisdiction of the Alaska Native corporation;
and
(ii) the demonstration project proposed to
be carried out by the Alaska Native
corporation.
(5) Selection.--In evaluating the applications submitted
under paragraph (4), the Secretary shall--
(A) take into consideration whether a proposed
project would--
(i) increase the availability or
reliability of local or regional energy;
(ii) enhance the economic development of
the Alaska Native corporation;
(iii) result in or improve the connection
of electric power transmission facilities
serving the Alaska Native corporation with
other electric transmission facilities;
(iv) improve the forest health or
watersheds of Federal land or Alaska Native
corporation forest land or rangeland;
(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
Alaska Native corporations and appropriate Alaska
Native organizations likely to be affected in
developing the application and otherwise carrying out
this subsection.
(7) Report.--Not later than September 20, 2017, 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--
``(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 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. 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) 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 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. 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 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.
Calendar No. 501
113th CONGRESS
2d Session
S. 2132
[Report No. 113-224]
_______________________________________________________________________
A BILL
To amend the Indian Tribal Energy Development and Self-Determination
Act of 2005, and for other purposes.
_______________________________________________________________________
July 30, 2014
Reported with an amendment