Text: S.245 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-325 (12/18/2018)

 
[115th Congress Public Law 325]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 4445]]

Public Law 115-325
115th Congress

                                 An Act


 
To amend the Indian Tribal Energy Development and Self Determination Act 
  of 2005, and for other purposes. <<NOTE: Dec. 18, 2018 -  [S. 245]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Indian Tribal 
Energy Development and Self-Determination Act Amendments of 2017. 25 USC 
3101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Tribal Energy Development and 
Self-Determination Act Amendments of 2017''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

  TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT 
                               AMENDMENTS

Sec. 101. Indian tribal energy resource development.
Sec. 102. Indian tribal energy resource regulation.
Sec. 103. Tribal energy resource agreements.
Sec. 104. Technical assistance for Indian tribal governments.
Sec. 105. Conforming amendments.
Sec. 106. Report.

                   TITLE II--MISCELLANEOUS AMENDMENTS

Sec. 201. Issuance of preliminary permits or licenses.
Sec. 202. Tribal biomass demonstration project.
Sec. 203. Weatherization program.
Sec. 204. Appraisals.
Sec. 205. Leases of restricted lands for Navajo Nation.
Sec. 206. Extension of tribal lease period for the Crow Tribe of 
           Montana.
Sec. 207. Trust status of lease payments.

  TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT 
                               AMENDMENTS

SEC. 101. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

    (a) In General.--Section 2602(a) of the Energy Policy Act of 1992 
(25 U.S.C. 3502(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (C), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:

[[Page 132 STAT. 4446]]

                    ``(E) <<NOTE: Consultation.>>  consult with each 
                applicable Indian tribe before adopting or approving a 
                well spacing program or plan applicable to the energy 
                resources of that Indian tribe or the members of that 
                Indian tribe.''; and
            (2) by adding at the end the following:
            ``(4) Planning.--
                    ``(A) In general.--In carrying out the program 
                established by paragraph (1), the Secretary shall 
                provide technical assistance to interested Indian tribes 
                to develop energy plans, including--
                          ``(i) plans for electrification;
                          ``(ii) plans for oil and gas permitting, 
                      renewable energy permitting, energy efficiency, 
                      electricity generation, transmission planning, 
                      water planning, and other planning relating to 
                      energy issues;
                          ``(iii) plans for the development of energy 
                      resources and to ensure the protection of natural, 
                      historic, and cultural resources; and
                          ``(iv) any other plans that would assist an 
                      Indian tribe in the development or use of energy 
                      resources.
                    ``(B) Cooperation.--In establishing the program 
                under paragraph (1), the Secretary shall work in 
                cooperation with the Office of Indian Energy Policy and 
                Programs of the Department of Energy.''.

    (b) Department of Energy Indian Energy Education Planning and 
Management Assistance Program.--Section 2602(b)(2) of the Energy Policy 
Act of 1992 (25 U.S.C. 3502(b)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``, intertribal organization,'' after ``Indian tribe'';
            (2) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) activities to increase the capacity of Indian 
                tribes to manage energy development and energy 
                efficiency programs;''.

    (c) Department of Energy Loan Guarantee Program.--Section 2602(c) of 
the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is amended--
            (1) in paragraph (1), by inserting ``or a tribal energy 
        development organization'' after ``Indian tribe'';
            (2) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``guarantee'' and inserting ``guaranteed'';
                    (B) in subparagraph (A), by striking ``or'';
                    (C) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(C) a tribal energy development organization, from 
                funds of the tribal energy development organization.''; 
                and
            (3) <<NOTE: Deadline.>>  in paragraph (5), by striking ``The 
        Secretary of Energy may'' and inserting ``Not later than 1 year 
        after the date of enactment of the Indian Tribal Energy 
        Development and Self-Determination Act Amendments of 2017, the 
        Secretary of Energy shall''.

[[Page 132 STAT. 4447]]

SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

    Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C. 3503(c)) 
is amended--
            (1) in paragraph (1), by striking ``on the request of an 
        Indian tribe, the Indian tribe'' and inserting ``on the request 
        of an Indian tribe or a tribal energy development organization, 
        the Indian tribe or tribal energy development organization''; 
        and
            (2) in paragraph (2)(B), by inserting ``or tribal energy 
        development organization'' after ``Indian tribe''.
SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS.

    (a) Amendment.--Section 2604 of the Energy Policy Act of 1992 (25 
U.S.C. 3504) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``or'' 
                      after the semicolon at the end;
                          (ii) in subparagraph (B)--
                                    (I) by striking clause (i) and 
                                inserting the following:
                          ``(i) an electric production, generation, 
                      transmission, or distribution facility (including 
                      a facility that produces electricity from 
                      renewable energy resources) located on tribal 
                      land; or''; and
                                    (II) in clause (ii)--
                                            (aa) by inserting ``, at 
                                        least a portion of which have 
                                        been'' after ``energy 
                                        resources'';
                                            (bb) by inserting ``or 
                                        produced from'' after 
                                        ``developed on''; and
                                            (cc) by striking ``and'' 
                                        after the semicolon at the end 
                                        and inserting ``or''; and
                          (iii) by adding at the end the following:
                    ``(C) pooling, unitization, or communitization of 
                the energy mineral resources of the Indian tribe located 
                on tribal land with any other energy mineral resource 
                (including energy mineral resources owned by the Indian 
                tribe or an individual Indian in fee, trust, or 
                restricted status or by any other persons or entities) 
                if the owner, or, if appropriate, lessee, of the 
                resources has consented or consents to the pooling, 
                unitization, or communitization of the other resources 
                under any lease or agreement; and''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) a lease or business agreement described in paragraph 
        (1) shall not require review by, or the approval of, the 
        Secretary under section 2103 of the Revised Statutes (25 U.S.C. 
        81), or any other provision of law (including regulations), if 
        the lease or business agreement--
                    ``(A) was executed--
                          ``(i) in accordance with the requirements of a 
                      tribal energy resource agreement in effect under 
                      subsection (e) (including the periodic review and 
                      evaluation of the activities of the Indian tribe 
                      under the agreement, to be conducted pursuant to 
                      subparagraphs (D) and (E) of subsection (e)(2)); 
                      or

[[Page 132 STAT. 4448]]

                          ``(ii) by the Indian tribe and a tribal energy 
                      development organization for which the Indian 
                      tribe has obtained a certification pursuant to 
                      subsection (h); and
                    ``(B) <<NOTE: Time periods.>>  has a term that does 
                not exceed--
                          ``(i) 30 years; or
                          ``(ii) in the case of a lease for the 
                      production of oil resources, gas resources, or 
                      both, 10 years and as long thereafter as oil or 
                      gas is produced in paying quantities.'';
            (2) by striking subsection (b) and inserting the following:

    ``(b) Rights-of-Way.--An Indian tribe may grant a right-of-way over 
tribal land without review or approval by the Secretary if the right-of-
way--
            ``(1) serves--
                    ``(A) an electric production, generation, 
                transmission, or distribution facility (including a 
                facility that produces electricity from renewable energy 
                resources) located on tribal land;
                    ``(B) a facility located on tribal land that 
                extracts, produces, processes, or refines energy 
                resources; or
                    ``(C) the purposes, or facilitates in carrying out 
                the purposes, of any lease or agreement entered into for 
                energy resource development on tribal land;
            ``(2) was executed--
                    ``(A) in accordance with the requirements of a 
                tribal energy resource agreement in effect under 
                subsection (e) (including the periodic review and 
                evaluation of the activities of the Indian tribe under 
                the agreement, to be conducted pursuant to subparagraphs 
                (D) and (E) of subsection (e)(2)); or
                    ``(B) by the Indian tribe and a tribal energy 
                development organization for which the Indian tribe has 
                obtained a certification pursuant to subsection (h); and
            ``(3) <<NOTE: Time period.>>  has a term that does not 
        exceed 30 years.'';
            (3) by striking subsection (d) and inserting the following:

    ``(d) Validity.--No lease or business agreement entered into, or 
right-of-way granted, pursuant to this section shall be valid unless the 
lease, business agreement, or right-of-way is authorized by subsection 
(a) or (b).'';
            (4) in subsection (e)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--
                    ``(A) <<NOTE: Effective date.>>  Authorization.--On 
                or after the date of enactment of the Indian Tribal 
                Energy Development and Self-Determination Act Amendments 
                of 2017, a qualified Indian tribe may submit to the 
                Secretary a tribal energy resource agreement governing 
                leases, business agreements, and rights-of-way under 
                this section.
                    ``(B) <<NOTE: Deadline.>>  Notice of complete 
                proposed agreement.--Not later than 60 days after the 
                date on which the tribal energy resource agreement is 
                submitted under subparagraph (A), the Secretary shall--
                          ``(i) notify the Indian tribe as to whether 
                      the agreement is complete or incomplete;

[[Page 132 STAT. 4449]]

                          ``(ii) if the agreement is incomplete, notify 
                      the Indian tribe of what information or 
                      documentation is needed to complete the 
                      submission; and
                          ``(iii) identify and notify the Indian tribe 
                      of the financial assistance, if any, to be 
                      provided by the Secretary to the Indian tribe to 
                      assist in the implementation of the tribal energy 
                      resource agreement, including the environmental 
                      review of individual projects.
                    ``(C) Effect.--Nothing in this paragraph precludes 
                the Secretary from providing any financial assistance at 
                any time to the Indian tribe to assist in the 
                implementation of the tribal energy resource 
                agreement.'';
                    (B) in paragraph (2)--
                          (i) by striking ``(2)(A)'' and all that 
                      follows through the end of subparagraph (A) and 
                      inserting the following:
            ``(2) Procedure.--
                    ``(A) Effective date.--
                          ``(i) In general.--On the date that is 271 
                      days after the date on which the Secretary 
                      receives a tribal energy resource agreement from a 
                      qualified Indian tribe under paragraph (1), the 
                      tribal energy resource agreement shall take 
                      effect, unless the Secretary disapproves the 
                      tribal energy resource agreement under 
                      subparagraph (B).
                          ``(ii) Revised tribal energy resource 
                      agreement.--On the date that is 91 days after the 
                      date on which the Secretary receives a revised 
                      tribal energy resource agreement from a qualified 
                      Indian tribe under paragraph (4)(B), the revised 
                      tribal energy resource agreement shall take 
                      effect, unless the Secretary disapproves the 
                      revised tribal energy resource agreement under 
                      subparagraph (B).'';
                          (ii) in subparagraph (B)--
                                    (I) by striking ``(B)'' and all that 
                                follows through clause (ii) and 
                                inserting the following:
                    ``(B) Disapproval.--The Secretary shall disapprove a 
                tribal energy resource agreement submitted pursuant to 
                paragraph (1) or (4)(B) only if--
                          ``(i) a provision of the tribal energy 
                      resource agreement violates applicable Federal law 
                      (including regulations) or a treaty applicable to 
                      the Indian tribe;
                          ``(ii) the tribal energy resource agreement 
                      does not include one or more provisions required 
                      under subparagraph (D); or''; and
                                    (II) in clause (iii)--
                                            (aa) in the matter preceding 
                                        subclause (I), by striking 
                                        ``includes'' and all that 
                                        follows through ``section--'' 
                                        and inserting ``does not include 
                                        provisions that, with respect to 
                                        any lease, business agreement, 
                                        or right-of-way to which the 
                                        tribal energy resource agreement 
                                        applies--'';
                                            (bb) by striking subclauses 
                                        (I), (II), (V), (VIII), and 
                                        (XV);
                                            (cc) by redesignating 
                                        clauses (III), (IV), (VI), 
                                        (VII), (IX) through (XIV), and 
                                        (XVI) as

[[Page 132 STAT. 4450]]

                                        clauses (I), (II), (III), (IV), 
                                        (V) through (X), and (XI), 
                                        respectively;
                                            (dd) in item (bb) of 
                                        subclause (XI) (as redesignated 
                                        by item (cc))--
                                                (AA) by striking ``or 
                                            tribal''; and
                                                (BB) by striking the 
                                            period at the end and 
                                            inserting a semicolon; and
                                            (ee) by adding at the end 
                                        the following:
                                    ``(XII) <<NOTE: Certification.>>  
                                include a certification by the Indian 
                                tribe that the Indian tribe has--
                                            ``(aa) <<NOTE: Time 
                                        period.>>  carried out a 
                                        contract or compact under title 
                                        I or IV of the Indian Self-
                                        Determination and Education 
                                        Assistance Act (25 U.S.C. 5301 
                                        et seq.) for a period of not 
                                        less than 3 consecutive years 
                                        ending on the date on which the 
                                        Indian tribe submits the 
                                        application without material 
                                        audit exception (or without any 
                                        material audit exceptions that 
                                        were not corrected within the 3-
                                        year period) relating to the 
                                        management of tribal land or 
                                        natural resources; or
                                            ``(bb) substantial 
                                        experience in the 
                                        administration, review, or 
                                        evaluation of energy resource 
                                        leases or agreements or has 
                                        otherwise substantially 
                                        participated in the 
                                        administration, management, or 
                                        development of energy resources 
                                        located on the tribal land of 
                                        the Indian tribe; and
                                    ``(XIII) at the option of the Indian 
                                tribe, identify which functions, if any, 
                                authorizing any operational or 
                                development activities pursuant to a 
                                lease, right-of-way, or business 
                                agreement approved by the Indian tribe, 
                                that the Indian tribe intends to 
                                conduct.'';
                          (iii) in subparagraph (C)--
                                    (I) by striking clauses (i) and 
                                (ii);
                                    (II) by redesignating clauses (iii) 
                                through (v) as clauses (ii) through 
                                (iv), respectively; and
                                    (III) by inserting before clause 
                                (ii) (as redesignated by subclause (II)) 
                                the following:
                          ``(i) <<NOTE: Public information.>>  a process 
                      for ensuring that--
                                    ``(I) the public is informed of, and 
                                has reasonable opportunity to comment 
                                on, any significant environmental 
                                impacts of the proposed action; and
                                    ``(II) the Indian tribe provides 
                                responses to relevant and substantive 
                                public comments on any impacts described 
                                in subclause (I) before the Indian tribe 
                                approves the lease, business agreement, 
                                or right-of-way;'';
                          (iv) in subparagraph (D)(ii), by striking 
                      ``subparagraph (B)(iii)(XVI)'' and inserting 
                      ``subparagraph (B)(iv)(XI)''; and
                          (v) by adding at the end the following:
                    ``(F) Effective period.--A tribal energy resource 
                agreement that takes effect pursuant to this subsection 
                shall remain in effect to the extent any provision of 
                the tribal energy resource agreement is consistent with

[[Page 132 STAT. 4451]]

                applicable Federal law (including regulations), unless 
                the tribal energy resource agreement is--
                          ``(i) rescinded by the Secretary pursuant to 
                      paragraph (7)(D)(iii)(II); or
                          ``(ii) voluntarily rescinded by the Indian 
                      tribe pursuant to the regulations promulgated 
                      under paragraph (8)(B) (or successor 
                      regulations).'';
                    (C) in paragraph (4), by striking ``date of 
                disapproval'' and all that follows through the end of 
                subparagraph (C) and inserting the following: ``date of 
                disapproval, provide the Indian tribe with--
                    ``(A) a detailed, written explanation of--
                          ``(i) each reason for the disapproval; and
                          ``(ii) the revisions or changes to the tribal 
                      energy resource agreement necessary to address 
                      each reason; and
                    ``(B) an opportunity to revise and resubmit the 
                tribal energy resource agreement.'';
                    (D) in paragraph (6)--
                          (i) in subparagraph (B)--
                                    (I) by striking ``(B) Subject to'' 
                                and inserting the following:
                    ``(B) Subject only to''; and
                                    (II) by striking ``subparagraph 
                                (D)'' and inserting ``subparagraphs (C) 
                                and (D)'';
                          (ii) in subparagraph (C), in the matter 
                      preceding clause (i), by inserting ``to perform 
                      the obligations of the Secretary under this 
                      section and'' before ``to ensure''; and
                          (iii) in subparagraph (D), by adding at the 
                      end the following:
                          ``(iii) Nothing in this section absolves, 
                      limits, or otherwise affects the liability, if 
                      any, of the United States for any--
                                    ``(I) term of any lease, business 
                                agreement, or right-of-way under this 
                                section that is not a negotiated term; 
                                or
                                    ``(II) losses that are not the 
                                result of a negotiated term, including 
                                losses resulting from the failure of the 
                                Secretary to perform an obligation of 
                                the Secretary under this section.'';
                    (E) in paragraph (7)--
                          (i) <<NOTE: Determination.>>  in subparagraph 
                      (A), by striking ``has demonstrated'' and 
                      inserting ``the Secretary determines has 
                      demonstrated with substantial evidence'';
                          (ii) in subparagraph (B), by striking ``any 
                      tribal remedy'' and inserting ``all remedies (if 
                      any) provided under the laws of the Indian 
                      tribe'';
                          (iii) in subparagraph (D)--
                                    (I) in clause (i), by striking 
                                ``determine'' and all that follows 
                                through the end of the clause and 
                                inserting the following: ``determine--
                                            ``(I) whether the petitioner 
                                        is an interested party; and
                                            ``(II) if the petitioner is 
                                        an interested party, whether the 
                                        Indian tribe is not in

[[Page 132 STAT. 4452]]

                                        compliance with the tribal 
                                        energy resource agreement as 
                                        alleged in the petition.'';
                                    (II) in clause (ii), by striking 
                                ``determination'' and inserting 
                                ``determinations''; and
                                    (III) in clause (iii), in the matter 
                                preceding subclause (I) by striking 
                                ``agreement'' the first place it appears 
                                and all that follows through ``, 
                                including'' and inserting ``agreement 
                                pursuant to clause (i), the Secretary 
                                shall only take such action as the 
                                Secretary determines necessary to 
                                address the claims of noncompliance made 
                                in the petition, including'';
                          (iv) in subparagraph (E)(i), by striking ``the 
                      manner in which'' and inserting ``, with respect 
                      to each claim made in the petition, how''; and
                          (v) by adding at the end the following:
                    ``(G) Notwithstanding any other provision of this 
                paragraph, the Secretary shall dismiss any petition from 
                an interested party that has agreed with the Indian 
                tribe to a resolution of the claims presented in the 
                petition of that party.'';
                    (F) in paragraph (8)--
                          (i) by striking subparagraph (A);
                          (ii) by redesignating subparagraphs (B) 
                      through (D) as subparagraphs (A) through (C), 
                      respectively; and
                          (iii) in subparagraph (A) (as redesignated by 
                      clause (ii))--
                                    (I) in clause (i), by striking 
                                ``and'' at the end;
                                    (II) in clause (ii), by adding 
                                ``and'' after the semicolon; and
                                    (III) by adding at the end the 
                                following:
                          ``(iii) amend an approved tribal energy 
                      resource agreement to assume authority for 
                      approving leases, business agreements, or rights-
                      of-way for development of another energy resource 
                      that is not included in an approved tribal energy 
                      resource agreement without being required to apply 
                      for a new tribal energy resource agreement;'' and
                    (G) by adding at the end the following:
            ``(9) Effect.--Nothing in this section authorizes the 
        Secretary to deny a tribal energy resource agreement or any 
        amendment to a tribal energy resource agreement, or to limit the 
        effect or implementation of this section, due to lack of 
        promulgated regulations.'';
            (5) by redesignating subsection (g) as subsection (j); and
            (6) by inserting after subsection (f) the following:

    ``(g) Financial Assistance in Lieu of Activities by the Secretary.--
            ``(1) In general.--Any amounts that the Secretary would 
        otherwise expend to operate or carry out any program, function, 
        service, or activity (or any portion of a program, function, 
        service, or activity) of the Department that, as a result of an 
        Indian tribe carrying out activities under a tribal energy 
        resource agreement, the Secretary does not expend, the Secretary 
        shall, at the request of the Indian tribe, make available to the 
        Indian tribe in accordance with this subsection.

[[Page 132 STAT. 4453]]

            ``(2) Annual funding agreements.--The Secretary shall make 
        the amounts described in paragraph (1) available to an Indian 
        tribe through an annual written funding agreement that is 
        negotiated and entered into with the Indian tribe that is 
        separate from the tribal energy resource agreement.
            ``(3) Effect of appropriations.--Notwithstanding paragraph 
        (1)--
                    ``(A) the provision of amounts to an Indian tribe 
                under this subsection is subject to the availability of 
                appropriations; and
                    ``(B) the Secretary shall not be required to reduce 
                amounts for programs, functions, services, or activities 
                that serve any other Indian tribe to make amounts 
                available to an Indian tribe under this subsection.
            ``(4) Determination.--
                    ``(A) In general.--The Secretary shall calculate the 
                amounts under paragraph (1) in accordance with the 
                regulations adopted under section 103(b) of the Indian 
                Tribal Energy Development and Self-Determination Act 
                Amendments of 2017.
                    ``(B) Applicability.--The effective date or 
                implementation of a tribal energy resource agreement 
                under this section shall not be delayed or otherwise 
                affected by--
                          ``(i) a delay in the promulgation of 
                      regulations under section 103(b) of the Indian 
                      Tribal Energy Development and Self-Determination 
                      Act Amendments of 2017;
                          ``(ii) the period of time needed by the 
                      Secretary to make the calculation required under 
                      paragraph (1); or
                          ``(iii) the adoption of a funding agreement 
                      under paragraph (2).

    ``(h) Certification of Tribal Energy Development Organization.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 90 
        days after the date on which an Indian tribe submits an 
        application for certification of a tribal energy development 
        organization in accordance with regulations promulgated under 
        section 103(b) of the Indian Tribal Energy Development and Self-
        Determination Act Amendments of 2017, the Secretary shall 
        approve or disapprove the application.
            ``(2) Requirements.--The Secretary shall approve an 
        application for certification if--
                    ``(A)(i) the Indian tribe has carried out a contract 
                or compact under title I or IV of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5301 et seq.); and
                    ``(ii) <<NOTE: Time period.>>  for a period of not 
                less than 3 consecutive years ending on the date on 
                which the Indian tribe submits the application, the 
                contract or compact--
                          ``(I) has been carried out by the Indian tribe 
                      without material audit exceptions (or without any 
                      material audit exceptions that were not corrected 
                      within the 3-year period); and
                          ``(II) has included programs or activities 
                      relating to the management of tribal land; and

[[Page 132 STAT. 4454]]

                    ``(B)(i) the tribal energy development organization 
                is organized under the laws of the Indian tribe;
                    ``(ii)(I) the majority of the interest in the tribal 
                energy development organization is owned and controlled 
                by the Indian tribe (or the Indian tribe and one or more 
                other Indian tribes) the tribal land of which is being 
                developed; and
                    ``(II) the organizing document of the tribal energy 
                development organization requires that the Indian tribe 
                with jurisdiction over the land maintain at all times 
                the controlling interest in the tribal energy 
                development organization;
                    ``(iii) the organizing document of the tribal energy 
                development organization requires that the Indian tribe 
                (or the Indian tribe and one or more other Indian 
                tribes) the tribal land of which is being developed own 
                and control at all times a majority of the interest in 
                the tribal energy development organization; and
                    ``(iv) the organizing document of the tribal energy 
                development organization includes a statement that the 
                organization shall be subject to the jurisdiction, laws, 
                and authority of the Indian tribe.
            ``(3) <<NOTE: Deadline. Certification.>>  Action by 
        secretary.--If the Secretary approves an application for 
        certification pursuant to paragraph (2), the Secretary shall, 
        not more than 10 days after making the determination--
                    ``(A) issue a certification stating that--
                          ``(i) the tribal energy development 
                      organization is organized under the laws of the 
                      Indian tribe and subject to the jurisdiction, 
                      laws, and authority of the Indian tribe;
                          ``(ii) the majority of the interest in the 
                      tribal energy development organization is owned 
                      and controlled by the Indian tribe (or the Indian 
                      tribe and one or more other Indian tribes) the 
                      tribal land of which is being developed;
                          ``(iii) the organizing document of the tribal 
                      energy development organization requires that the 
                      Indian tribe with jurisdiction over the land 
                      maintain at all times the controlling interest in 
                      the tribal energy development organization;
                          ``(iv) the organizing document of the tribal 
                      energy development organization requires that the 
                      Indian tribe (or the Indian tribe and one or more 
                      other Indian tribes the tribal land of which is 
                      being developed) own and control at all times a 
                      majority of the interest in the tribal energy 
                      development organization; and
                          ``(v) the certification is issued pursuant 
                      this subsection;
                    ``(B) deliver a copy of the certification to the 
                Indian tribe; and
                    ``(C) <<NOTE: Federal Register, publication.>>  
                publish the certification in the Federal Register.

    ``(i) Sovereign Immunity.--Nothing in this section waives the 
sovereign immunity of an Indian tribe.''.
    (b) <<NOTE: Deadline. 25 USC 3504 note.>>  Regulations.--Not later 
than 1 year after the date of enactment of the Indian Tribal Energy 
Development and Self-Determination Act Amendments of 2017, the Secretary 
shall promulgate

[[Page 132 STAT. 4455]]

or update any regulations that are necessary to implement this section, 
including provisions to implement--
            (1) section 2604(e)(8) of the Energy Policy Act of 1992 (25 
        U.S.C. 3504(e)(8)), including the process to be followed by an 
        Indian tribe amending an existing tribal energy resource 
        agreement to assume authority for approving leases, business 
        agreements, or rights-of-way for development of an energy 
        resource that is not included in the tribal energy resource 
        agreement;
            (2) section 2604(g) of the Energy Policy Act of 1992 (25 
        U.S.C. 3504(g)) including the manner in which the Secretary, at 
        the request of an Indian tribe, shall--
                    (A) identify the programs, functions, services, and 
                activities (or any portions of programs, functions, 
                services, or activities) that the Secretary will not 
                have to operate or carry out as a result of the Indian 
                tribe carrying out activities under a tribal energy 
                resource agreement;
                    (B) identify the amounts that the Secretary would 
                have otherwise expended to operate or carry out each 
                program, function, service, and activity (or any portion 
                of a program, function, service, or activity) identified 
                pursuant to subparagraph (A); and
                    (C) <<NOTE: Lists.>>  provide to the Indian tribe a 
                list of the programs, functions, services, and 
                activities (or any portions of programs, functions, 
                services, or activities) identified pursuant 
                subparagraph (A) and the amounts associated with each 
                program, function, service, and activity (or any portion 
                of a program, function, service, or activity) identified 
                pursuant to subparagraph (B); and
            (3) section 2604(h) of the Energy Policy Act of 1992 (25 
        U.S.C. 3504(h)), including the process to be followed by, and 
        any applicable criteria and documentation required for, an 
        Indian tribe to request and obtain the certification described 
        in that section.
SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL GOVERNMENTS.

    Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 3502(b)) 
is amended--
            (1) by redesignating paragraphs (3) through (6) as 
        paragraphs (4) through (7), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) <<NOTE: Collaboration.>>  Technical and scientific 
        resources.--In addition to providing grants to Indian tribes 
        under this subsection, the Secretary shall collaborate with the 
        Directors of the National Laboratories in making the full array 
        of technical and scientific resources of the Department of 
        Energy available for tribal energy activities and projects.''.
SEC. 105. CONFORMING AMENDMENTS.

    (a) Definition of Tribal Energy Development Organization.--Section 
2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501) is amended--
            (1) by redesignating paragraphs (9) through (12) as 
        paragraphs (10) through (13), respectively;
            (2) by inserting after paragraph (8) the following:
            ``(9) The term `qualified Indian tribe' means an Indian 
        tribe that has--

[[Page 132 STAT. 4456]]

                    ``(A) carried out a contract or compact under title 
                I or IV of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 5301 et seq.) for a period of 
                not less than 3 consecutive years ending on the date on 
                which the Indian tribe submits the application without 
                material audit exception (or without any material audit 
                exceptions that were not corrected within the 3-year 
                period) relating to the management of tribal land or 
                natural resources; or
                    ``(B) substantial experience in the administration, 
                review, or evaluation of energy resource leases or 
                agreements or has otherwise substantially participated 
                in the administration, management, or development of 
                energy resources located on the tribal land of the 
                Indian tribe.''; and
            (3) by striking paragraph (12) (as redesignated by paragraph 
        (1)) and inserting the following:
            ``(12) The term `tribal energy development organization' 
        means--
                    ``(A) any enterprise, partnership, consortium, 
                corporation, or other type of business organization that 
                is engaged in the development of energy resources and is 
                wholly owned by an Indian tribe (including an 
                organization incorporated pursuant to section 17 of the 
                Act of June 18, 1934 (25 U.S.C. 5124) (commonly known as 
                the ``Indian Reorganization Act'') or section 3 of the 
                Act of June 26, 1936 (49 Stat. 1967, chapter 831) 
                (commonly known as the `Oklahoma Indian Welfare Act')); 
                and
                    ``(B) any organization of two or more entities, at 
                least one of which is an Indian tribe, that has the 
                written consent of the governing bodies of all Indian 
                tribes participating in the organization to apply for a 
                grant, loan, or other assistance under section 2602 or 
                to enter into a lease or business agreement with, or 
                acquire a right-of-way from, an Indian tribe pursuant to 
                subsection (a)(2)(A)(ii) or (b)(2)(B) of section 
                2604.''.

    (b) Indian Tribal Energy Resource Development.--Section 2602 of the 
Energy Policy Act of 1992 (25 U.S.C. 3502) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``tribal energy 
                resource development organizations'' and inserting 
                ``tribal energy development organizations''; and
                    (B) in paragraph (2), by striking ``tribal energy 
                resource development organizations'' each place the term 
                appears and inserting ``tribal energy development 
                organizations''; and
            (2) in subsection (b)(2), by striking ``tribal energy 
        resource development organization'' and inserting ``tribal 
        energy development organization''.

    (c) Wind and Hydropower Feasibility Study.--Section 2606(c)(3) of 
the Energy Policy Act of 1992 (25 U.S.C. 3506(c)(3)) is amended by 
striking ``energy resource development'' and inserting ``energy 
development''.
    (d) Conforming Amendments.--Section 2604(e) of the Energy Policy Act 
of 1992 (25 U.S.C. 3504(e)) is amended--
            (1) in paragraph (3)--

[[Page 132 STAT. 4457]]

                    (A) by striking ``(3) The Secretary'' and inserting 
                the following:
            ``(3) Notice and comment; secretarial review.--The 
        Secretary''; and
                    (B) by striking ``for approval'';
            (2) in paragraph (4), by striking ``(4) If the Secretary'' 
        and inserting the following:
            ``(4) Action in case of disapproval.--If the Secretary'';
            (3) in paragraph (5)--
                    (A) by striking ``(5) If an Indian tribe'' and 
                inserting the following:
            ``(5) Provision of documents to secretary.--If an Indian 
        tribe''; and
                    (B) in the matter preceding subparagraph (A), by 
                striking ``approved'' and inserting ``in effect'';
            (4) in paragraph (6)--
                    (A) by striking ``(6)(A) In carrying out'' and 
                inserting the following:
            ``(6) Secretarial obligations and effect of section.--
                    ``(A) In carrying out'';
                    (B) in subparagraph (A), by indenting clauses (i) 
                and (ii) appropriately;
                    (C) in subparagraph (B), by striking ``approved'' 
                and inserting ``in effect''; and
                    (D) in subparagraph (D)--
                          (i) in clause (i), by striking ``an approved 
                      tribal energy resource agreement'' and inserting 
                      ``a tribal energy resource agreement in effect 
                      under this section''; and
                          (ii) in clause (ii), by striking ``approved by 
                      the Secretary'' and inserting ``in effect''; and
            (5) in paragraph (7)--
                    (A) by striking ``(7)(A) In this paragraph'' and 
                inserting the following:
            ``(7) Petitions by interested parties.--
                    ``(A) In this paragraph'';
                    (B) in subparagraph (A), by striking ``approved by 
                the Secretary'' and inserting ``in effect'';
                    (C) in subparagraph (B), by striking ``approved by 
                the Secretary'' and inserting ``in effect''; and
                    (D) in subparagraph (D)(iii)--
                          (i) in subclause (I), by striking 
                      ``approved''; and
                          (ii) in subclause (II)--
                                    (I) by striking ``approval of'' in 
                                the first place it appears; and
                                    (II) by striking ``subsection (a) or 
                                (b)'' and inserting ``subsection 
                                (a)(2)(A)(i) or (b)(2)(A)''.
SEC. 106. REPORT.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of the Interior shall submit to the 
Committee on Indian Affairs of the Senate and the Committee on Natural 
Resources of the House of Representatives a report that details with 
respect to activities for energy development on Indian land, how the 
Department of the Interior--
            (1) processes and completes the reviews of energy-related 
        documents in a timely and transparent manner;

[[Page 132 STAT. 4458]]

            (2) monitors the timeliness of agency review for all energy-
        related documents;
            (3) maintains databases to track and monitor the review and 
        approval process for energy-related documents associated with 
        conventional and renewable Indian energy resources that require 
        Secretarial approval prior to development, including--
                    (A) any seismic exploration permits;
                    (B) permission to survey;
                    (C) archeological and cultural surveys;
                    (D) access permits;
                    (E) environmental assessments;
                    (F) oil and gas leases;
                    (G) surface leases;
                    (H) rights-of-way agreements; and
                    (I) communitization agreements;
            (4) identifies in the databases--
                    (A) the date lease applications and permits are 
                received by the agency;
                    (B) the status of the review;
                    (C) the date the application or permit is considered 
                complete and ready for review;
                    (D) the date of approval; and
                    (E) the start and end dates for any significant 
                delays in the review process;
            (5) tracks in the databases, for all energy-related leases, 
        agreements, applications, and permits that involve multiple 
        agency review--
                    (A) the dates documents are transferred between 
                agencies;
                    (B) the status of the review;
                    (C) the date the required reviews are completed; and
                    (D) the date interim or final decisions are issued.

    (b) Inclusions.--The report under subsection (a) shall include--
            (1) a description of any intermediate and final deadlines 
        for agency action on any Secretarial review and approval 
        required for Indian conventional and renewable energy 
        exploration and development activities;
            (2) a description of the existing geographic database 
        established by the Bureau of Indian Affairs, explaining--
                    (A) how the database identifies--
                          (i) the location and ownership of all Indian 
                      oil and gas resources held in trust;
                          (ii) resources available for lease; and
                          (iii) the location of--
                                    (I) any lease of land held in trust 
                                or restricted fee on behalf of any 
                                Indian tribe or individual Indian; and
                                    (II) any rights-of-way on that land 
                                in effect;
                    (B) how the information from the database is made 
                available to--
                          (i) the officials of the Bureau of Indian 
                      Affairs with responsibility over the management 
                      and development of Indian resources; and
                          (ii) resource owners; and

[[Page 132 STAT. 4459]]

                    (C) any barriers to identifying the information 
                described in subparagraphs (A) and (B) or any 
                deficiencies in that information; and
            (3) an evaluation of--
                    (A) the ability of each applicable agency to track 
                and monitor the review and approval process of the 
                agency for Indian energy development; and
                    (B) the extent to which each applicable agency 
                complies with any intermediate and final deadlines.

                   TITLE II--MISCELLANEOUS AMENDMENTS

SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LICENSES.

    (a) In General.--Section 7(a) of the Federal Power Act (16 U.S.C. 
800(a)) is amended by striking ``States and municipalities'' and 
inserting ``States, Indian tribes, and municipalities''.
    (b) <<NOTE: 16 USC 800 note.>>  Applicability.--The amendment made 
by subsection (a) shall not affect--
            (1) any preliminary permit or original license issued before 
        the date of enactment of the Indian Tribal Energy Development 
        and Self-Determination Act Amendments of 2017; or
            (2) an application for an original license, if the 
        Commission has issued a notice accepting that application for 
        filing pursuant to section 4.32(d) of title 18, Code of Federal 
        Regulations (or successor regulations), before the date of 
        enactment of the Indian Tribal Energy Development and Self-
        Determination Act Amendments of 2017.

    (c) <<NOTE: 16 USC 800 note.>>  Definition of Indian Tribe.--For 
purposes of section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) (as 
amended by subsection (a)), the term ``Indian tribe'' has the meaning 
given the term in section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5304).
SEC. 202. <<NOTE: 25 USC 3104 note.>>  TRIBAL BIOMASS 
                        DEMONSTRATION PROJECT.

    (a) Purpose.--The purpose of this section is to establish a biomass 
demonstration project for federally recognized Indian tribes and Alaska 
Native corporations to promote biomass energy production.
    (b) Tribal Biomass Demonstration Project.--The Tribal Forest 
Protection Act of 2004 (25 U.S.C. 3115a et seq.) is amended--
            (1) in section 2(a), by striking ``In this section'' and 
        inserting ``In this Act''; and
            (2) by adding at the end the following:
``SEC. 3. <<NOTE: 25 USC 3104 note.>>  TRIBAL BIOMASS 
                    DEMONSTRATION PROJECT.

    ``(a) Stewardship Contracts or Similar Agreements.--For each of 
fiscal years 2017 through 2021, the Secretary shall enter into 
stewardship contracts or similar agreements (excluding direct service 
contracts) with Indian tribes to carry out demonstration projects to 
promote biomass energy production (including biofuel, heat, and 
electricity generation) on Indian forest land and in nearby communities 
by providing reliable supplies of woody biomass from Federal land.
    ``(b) Demonstration Projects.--In each fiscal year for which 
projects are authorized, at least 4 new demonstration projects that

[[Page 132 STAT. 4460]]

meet the eligibility criteria described in subsection (c) shall be 
carried out under contracts or agreements described in subsection (a).
    ``(c) Eligibility Criteria.--To be eligible to enter into a contract 
or agreement under this section, an Indian tribe shall submit to the 
Secretary an application--
            ``(1) containing such information as the Secretary may 
        require; and
            ``(2) that includes a description of--
                    ``(A) the Indian forest land or rangeland under the 
                jurisdiction of the Indian tribe; and
                    ``(B) the demonstration project proposed to be 
                carried out by the Indian tribe.

    ``(d) Selection.--In evaluating the applications submitted under 
subsection (c), the Secretary shall--
            ``(1) take into consideration--
                    ``(A) the factors set forth in paragraphs (1) and 
                (2) of section 2(e); and
                    ``(B) whether a proposed project would--
                          ``(i) increase the availability or reliability 
                      of local or regional energy;
                          ``(ii) enhance the economic development of the 
                      Indian tribe;
                          ``(iii) result in or improve the connection of 
                      electric power transmission facilities serving the 
                      Indian tribe with other electric transmission 
                      facilities;
                          ``(iv) improve the forest health or watersheds 
                      of Federal land or Indian forest land or 
                      rangeland;
                          ``(v) demonstrate new investments in 
                      infrastructure; or
                          ``(vi) otherwise promote the use of woody 
                      biomass; and
            ``(2) exclude from consideration any merchantable logs that 
        have been identified by the Secretary for commercial sale.

    ``(e) Implementation.--The Secretary shall--
            ``(1) <<NOTE: Public information. Deadline.>>  ensure that 
        the criteria described in subsection (c) are publicly available 
        by not later than 120 days after the date of enactment of this 
        section; and
            ``(2) <<NOTE: Consultation.>>  to the maximum extent 
        practicable, consult with Indian tribes and appropriate 
        intertribal organizations likely to be affected in developing 
        the application and otherwise carrying out this section.

    ``(f) Report.--Not later than September 20, 2019, the Secretary 
shall submit to Congress a report that describes, with respect to the 
reporting period--
            ``(1) each individual tribal application received under this 
        section; and
            ``(2) each contract and agreement entered into pursuant to 
        this section.

    ``(g) Incorporation of Management Plans.--In carrying out a contract 
or agreement under this section, on receipt of a request from an Indian 
tribe, the Secretary shall incorporate into the contract or agreement, 
to the maximum extent practicable, management plans (including forest 
management and integrated resource management plans) in effect on the 
Indian forest land or rangeland of the respective Indian tribe.

[[Page 132 STAT. 4461]]

    ``(h) Term.--A contract or agreement entered into under this 
section--
            ``(1) shall be for a term of not more than 20 years; and
            ``(2) may be renewed in accordance with this section for not 
        more than an additional 10 years.''.

    (c) <<NOTE: 25 USC 3104 note.>>  Alaska Native Biomass Demonstration 
Project.--
            (1) Definitions.--In this subsection:
                    (A) Federal land.--The term ``Federal land'' means--
                          (i) land of the National Forest System (as 
                      defined in section 11(a) of the Forest and 
                      Rangeland Renewable Resources Planning Act of 1974 
                      (16 U.S.C. 1609(a)) administered by the Secretary 
                      of Agriculture, acting through the Chief of the 
                      Forest Service; and
                          (ii) public lands (as defined in section 103 
                      of the Federal Land Policy and Management Act of 
                      1976 (43 U.S.C. 1702)), the surface of which is 
                      administered by the Secretary of the Interior, 
                      acting through the Director of the Bureau of Land 
                      Management.
                    (B) Indian tribe.--The term ``Indian tribe'' has the 
                meaning given the term in section 4 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5304).
                    (C) Secretary.--The term ``Secretary'' means--
                          (i) the Secretary of Agriculture, with respect 
                      to land under the jurisdiction of the Forest 
                      Service; and
                          (ii) the Secretary of the Interior, with 
                      respect to land under the jurisdiction of the 
                      Bureau of Land Management.
                    (D) Tribal organization.--The term ``tribal 
                organization'' has the meaning given the term in section 
                4 of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 5304).
            (2) Agreements.--For each of fiscal years 2017 through 2021, 
        the Secretary shall enter into an agreement or contract with an 
        Indian tribe or a tribal organization to carry out a 
        demonstration project to promote biomass energy production 
        (including biofuel, heat, and electricity generation) by 
        providing reliable supplies of woody biomass from Federal land.
            (3) Demonstration projects.--In each fiscal year for which 
        projects are authorized, at least 1 new demonstration project 
        that meets the eligibility criteria described in paragraph (4) 
        shall be carried out under contracts or agreements described in 
        paragraph (2).
            (4) Eligibility criteria.--To be eligible to enter into a 
        contract or agreement under this subsection, an Indian tribe or 
        tribal organization shall submit to the Secretary an 
        application--
                    (A) containing such information as the Secretary may 
                require; and
                    (B) that includes a description of the demonstration 
                project proposed to be carried out by the Indian tribe 
                or tribal organization.
            (5) Selection.--In evaluating the applications submitted 
        under paragraph (4), the Secretary shall--
                    (A) take into consideration whether a proposed 
                project would--

[[Page 132 STAT. 4462]]

                          (i) increase the availability or reliability 
                      of local or regional energy;
                          (ii) enhance the economic development of the 
                      Indian tribe;
                          (iii) result in or improve the connection of 
                      electric power transmission facilities serving the 
                      Indian tribe with other electric transmission 
                      facilities;
                          (iv) improve the forest health or watersheds 
                      of Federal land or non-Federal land;
                          (v) demonstrate new investments in 
                      infrastructure; or
                          (vi) otherwise promote the use of woody 
                      biomass; and
                    (B) exclude from consideration any merchantable logs 
                that have been identified by the Secretary for 
                commercial sale.
            (6) Implementation.--The Secretary shall--
                    (A) <<NOTE: Public information. Deadline.>>  ensure 
                that the criteria described in paragraph (4) are 
                publicly available by not later than 120 days after the 
                date of enactment of this subsection; and
                    (B) <<NOTE: Consultation.>>  to the maximum extent 
                practicable, consult with Indian tribes and appropriate 
                tribal organizations likely to be affected in developing 
                the application and otherwise carrying out this 
                subsection.
            (7) Report.--Not later than September 20, 2019, the 
        Secretary shall submit to Congress a report that describes, with 
        respect to the reporting period--
                    (A) each individual application received under this 
                subsection; and
                    (B) each contract and agreement entered into 
                pursuant to this subsection.
            (8) Term.--A contract or agreement entered into under this 
        subsection--
                    (A) shall be for a term of not more than 20 years; 
                and
                    (B) may be renewed in accordance with this 
                subsection for not more than an additional 10 years.
SEC. 203. WEATHERIZATION PROGRAM.

    Section 413(d) of the Energy Conservation and Production Act (42 
U.S.C. 6863(d)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Reservation of amounts.--
                    ``(A) In general.--Subject to subparagraph (B) and 
                notwithstanding any other provision of this part, the 
                Secretary shall reserve from amounts that would 
                otherwise be allocated to a State under this part not 
                less than 100 percent, but not more than 150 percent, of 
                an amount which bears the same proportion to the 
                allocation of that State for the applicable fiscal year 
                as the population of all low-income members of an Indian 
                tribe in that State bears to the population of all low-
                income individuals in that State.
                    ``(B) Restrictions.--Subparagraph (A) shall apply 
                only if--

[[Page 132 STAT. 4463]]

                          ``(i) the tribal organization serving the low-
                      income members of the applicable Indian tribe 
                      requests that the Secretary make a grant directly; 
                      and
                          ``(ii) <<NOTE: Determination.>>  the Secretary 
                      determines that the low-income members of the 
                      applicable Indian tribe would be equally or better 
                      served by making a grant directly than a grant 
                      made to the State in which the low-income members 
                      reside.
                    ``(C) Presumption.--If the tribal organization 
                requesting the grant is a tribally designated housing 
                entity (as defined in section 4 of the Native American 
                Housing Assistance and Self-Determination Act of 1996 
                (25 U.S.C. 4103)) that has operated without material 
                audit exceptions (or without any material audit 
                exceptions that were not corrected within a 3-year 
                period), the Secretary shall presume that the low-income 
                members of the applicable Indian tribe would be equally 
                or better served by making a grant directly to the 
                tribal organization than by a grant made to the State in 
                which the low-income members reside.'';
            (2) in paragraph (2)--
                    (A) by striking ``The sums'' and inserting 
                ``Administration.--The amounts'';
                    (B) by striking ``on the basis of his 
                determination'';
                    (C) by striking ``individuals for whom such a 
                determination has been made'' and inserting ``low-income 
                members of the Indian tribe''; and
                    (D) by striking ``he'' and inserting ``the 
                Secretary''; and
            (3) in paragraph (3), by striking ``In order'' and inserting 
        ``Application.--In order''.
SEC. 204. APPRAISALS.

    (a) In General.--Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended by adding at the end the following:
``SEC. 2607. <<NOTE: 25 USC 3507.>>  APPRAISALS.

    ``(a) In General.--For any transaction that requires approval of the 
Secretary and involves mineral or energy resources held in trust by the 
United States for the benefit of an Indian tribe or by an Indian tribe 
subject to Federal restrictions against alienation, any appraisal 
relating to fair market value of those resources required to be prepared 
under applicable law may be prepared by--
            ``(1) the Secretary;
            ``(2) the affected Indian tribe; or
            ``(3) a certified, third-party appraiser pursuant to a 
        contract with the Indian tribe.

    ``(b) <<NOTE: Deadline.>>  Secretarial Review and Approval.--Not 
later than 45 days after the date on which the Secretary receives an 
appraisal prepared by or for an Indian tribe under paragraph (2) or (3) 
of subsection (a), the Secretary shall--
            ``(1) review the appraisal; and
            ``(2) <<NOTE: Deadline.>>  approve the appraisal unless the 
        Secretary determines that the appraisal fails to meet the 
        standards set forth in regulations promulgated under subsection 
        (d).

    ``(c) <<NOTE: Determination.>>  Notice of Disapproval.--If the 
Secretary determines that an appraisal submitted for approval under 
subsection (b) should

[[Page 132 STAT. 4464]]

be disapproved, the Secretary shall give written notice of the 
disapproval to the Indian tribe and a description of--
            ``(1) each reason for the disapproval; and
            ``(2) how the appraisal should be corrected or otherwise 
        cured to meet the applicable standards set forth in the 
        regulations promulgated under subsection (d).

    ``(d) Regulations.--The Secretary shall promulgate regulations to 
carry out this section, including standards the Secretary shall use for 
approving or disapproving the appraisal described in subsection (a).''.
SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION.

    (a) In General.--Subsection (e)(1) of the first section of the Act 
of August 9, 1955 (commonly known as the ``Long-Term Leasing Act'') (25 
U.S.C. 415(e)(1)), is amended--
            (1) by striking ``, except a lease for'' and inserting ``, 
        including a lease for'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) in the case of a business or agricultural 
                lease, 99 years;'';
            (3) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(C) in the case of a lease for the exploration, 
                development, or extraction of any mineral resource 
                (including geothermal resources), 25 years, except 
                that--
                          ``(i) any such lease may include an option to 
                      renew for 1 additional term of not to exceed 25 
                      years; and
                          ``(ii) any such lease for the exploration, 
                      development, or extraction of an oil or gas 
                      resource shall be for a term of not to exceed 10 
                      years, plus such additional period as the Navajo 
                      Nation determines to be appropriate in any case in 
                      which an oil or gas resource is produced in a 
                      paying quantity.''.

    (b) GAO Report.--Not later than 5 years after the date of enactment 
of this Act, the Comptroller General of the United States shall prepare 
and submit to Congress a report describing the progress made in carrying 
out the amendment made by subsection (a).
SEC. 206. EXTENSION OF TRIBAL LEASE PERIOD FOR THE CROW TRIBE OF 
                        MONTANA.

    Subsection (a) of the first section of the Act of August 9, 1955 (25 
U.S.C. 415(a)), is amended in the second sentence by inserting ``, land 
held in trust for the Crow Tribe of Montana'' after ``Devils Lake Sioux 
Reservation''.
SEC. 207. <<NOTE: 25 USC 167.>>  TRUST STATUS OF LEASE PAYMENTS.

    (a) Definition of Secretary.--In this section, the term 
``Secretary'' means the Secretary of the Interior.
    (b) Treatment of Lease Payments.--
            (1) In general.--Except as provided in paragraph (2) and at 
        the request of the Indian tribe or individual Indian, any 
        advance payments, bid deposits, or other earnest money received 
        by the Secretary in connection with the review and Secretarial 
        approval under any other Federal law (including regulations) of 
        a sale, lease, permit, or any other conveyance

[[Page 132 STAT. 4465]]

        of any interest in any trust or restricted land of any Indian 
        tribe or individual Indian shall, upon receipt and prior to 
        Secretarial approval of the contract or conveyance instrument, 
        be held in the trust fund system for the benefit of the Indian 
        tribe and individual Indian from whose land the funds were 
        generated.
            (2) Restriction.--If the advance payment, bid deposit, or 
        other earnest money received by the Secretary results from 
        competitive bidding, upon selection of the successful bidder, 
        only the funds paid by the successful bidder shall be held in 
        the trust fund system.

    (c) Use of Funds.--
            (1) In general.--On the approval of the Secretary of a 
        contract or other instrument for a sale, lease, permit, or any 
        other conveyance described in subsection (b)(1), the funds held 
        in the trust fund system and described in subsection (b), along 
        with all income generated from the investment of those funds, 
        shall be disbursed to the Indian tribe or individual Indian 
        landowners.
            (2) Administration.--If a contract or other instrument for a 
        sale, lease, permit, or any other conveyance described in 
        subsection (b)(1) is not approved by the Secretary, the funds 
        held in the trust fund system and described in subsection (b), 
        along with all income generated from the investment of those 
        funds, shall be paid to the party identified in, and in such 
        amount and on such terms as set out in, the applicable 
        regulations, advertisement, or other notice governing the 
        proposed conveyance of the interest in the land at issue.

    (d) Applicability.--This section shall apply to any advance payment, 
bid deposit, or other earnest money received by the Secretary in 
connection with the review and Secretarial approval under any other 
Federal law (including regulations) of a sale, lease, permit, or any 
other conveyance of any interest in any trust or restricted land of any 
Indian tribe or individual Indian on or after the date of enactment of 
this Act.

    Approved December 18, 2018.

LEGISLATIVE HISTORY--S. 245:
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HOUSE REPORTS: No. 115-1057, Pt. 1 (Comm. on Natural Resources).
SENATE REPORTS: No. 115-84 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    Nov. 29, considered and passed 
                                        Senate.
                                                        Vol. 164 (2018):
                                    Dec. 10, considered and passed 
                                        House.

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