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115th Congress      }                               {    Rept. 115-1057
                        HOUSE OF REPRESENTATIVES
 2d Session         }                               {          Part 1

======================================================================



 
INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT AMENDMENTS 
                                OF 2017

                                _______
                                

 November 30, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                         [To accompany S. 245]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (S. 245) to amend the Indian Tribal Energy Development 
and Self Determination Act of 2005, and for other purposes, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 245 is to amend the Indian Tribal Energy 
Development and Self Determination Act of 2005.

                  Background and Need for Legislation

    For several years Congress has heard from concerned Indian 
tribes that certain federal laws governing the development of 
tribal energy resources are complex and often lead to 
significant cost, delay and uncertainty for all parties to 
tribal energy transactions. These costs, delays, and 
uncertainties tend to discourage development of tribal trust 
energy resources and drive development investments to private 
or non-tribal lands that are not subject to these same federal 
laws.
    Title V of the Energy Policy Act of 2005, which authorized 
tribal energy resource agreements (TERA),\1\ was intended to 
address these concerns by removing much of the bureaucracy and 
shifting the approval requirements for these transactions from 
the Secretary of the Interior to Indian tribes. However, no 
tribe has successfully undertaken energy lease management of 
its trust lands under the TERA process. Title I of S. 245 
contains significant amendments to the law authorizing TERAs to 
facilitate a tribe's application for and the Secretary of the 
Interior's approval of them.
---------------------------------------------------------------------------
    \1\Public Law 109-58, 25 U.S.C. 3504.
---------------------------------------------------------------------------
    S. 245 would also remove other federal disincentives to 
developing tribal trust energy resources and assist Indian 
tribes interested in pursuing the development of these 
resources consistent with the federal policy of promoting 
Indian self-determination.

Impediments to Tribal Energy Development

    For decades, tribes and individual Indian landowners have 
consistently struggled with overbearing federal laws governing 
leases of their trust lands. Generally, federal law requires 
the approval of the Department of the Interior before a lease 
between an energy developer and a tribe is deemed valid. For 
example, under the Indian Land Mineral Leasing Act of 1982,\2\ 
an individual tribal member or tribe may only lease their trust 
lands for mineral development ``subject to the approval of the 
Secretary [of the Interior]''.\3\ Because of this law, the 
Department of the Interior developed increasingly complex and 
burdensome rules regarding the approval of leases on Indian 
land. The increase in rules often leads to National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
reviews, expensive applications for permits to drill, lengthy 
appraisals, and an increasing number of layers of sluggish 
bureaucratic review often across various government agencies. 
As the reviews begin to pile up, the ability to delay, appeal, 
or sue to slow development on Indian lands increases 
exponentially.
---------------------------------------------------------------------------
    \2\25 U.S.C. 2101 et seq.
    \3\25 U.S.C. 2102.
---------------------------------------------------------------------------
    This cumbersome bureaucratic design continuously hurts 
tribes, including many historically-impoverished communities, 
from tapping into the economic potential of the resources found 
on their tribal lands. Because tribes with large energy 
resources tend to live on or near rural areas, development of 
these resources is consistently one of the only ways tribes can 
provide jobs and constant revenue for the tribe and its members 
as well as a thriving energy supply for themselves and the 
surrounding community. Full access to these energy resources 
could allow tribes to tap into their full economic potential.
    In June 2015, the Government Accountability Office (GAO) 
authored a report titled, ``Indian Energy Development: Poor 
Management by BIA Has Hindered Energy Development on Indian 
Lands''.\4\ Throughout the report, GAO outlined various 
shortcomings of the Department of the Interior's management of 
energy development on Indian lands that, in numerous situations 
``can increase costs and project development times, resulting 
in missed development opportunities, lost revenue, and 
jeopardized viability of projects.''\5\
---------------------------------------------------------------------------
    \4\https://www.gao.gov/products/GAO-15-502.
    \5\Id. summary page.
---------------------------------------------------------------------------
    These repeated instances of stifling Indian energy 
development lead to GAO placing Indian energy on its biennial 
``high risk'' list for waste, fraud, and abuse in March 2017. 
In the report, GAO stated, ``BIA has in recent years continued 
to mismanage Indian energy resources held in trust, thereby 
limiting opportunities for tribes and their members to use 
those resources to create economic benefits and improve their 
communities.''\6\
---------------------------------------------------------------------------
    \6\https://www.gao.gov/highrisk/
improving_federal_management_serve_tribes/why_did_study.
---------------------------------------------------------------------------
    As mentioned above, tribal energy resource agreements 
(TERAs) were authorized under the Energy Policy Act of 2005.\7\ 
Under a TERA, a tribe may, without review and approval of the 
Secretary of the Interior, lease and grant rights-of-way on its 
trust land for energy-related purposes if these actions are 
conducted under tribal rules approved in advance by the 
Secretary of the Interior. Such tribal rules shall be approved 
by the Secretary if they include appropriate conditions for the 
orderly conduct of leasing of trust lands by the tribe, a 
demonstration of the tribe's capacity to manage its resources, 
and a tribal environmental review process. Outside of certain 
duties for the Secretary to monitor the tribe's compliance with 
the TERA, a tribe can manage its energy resources on a day-to-
day basis without the constant governance of the lease by 
Interior agencies.
---------------------------------------------------------------------------
    \7\Public Law 109-58; 25 U.S.C. 3501 et seq.
---------------------------------------------------------------------------
    Removing a layer of federal agency oversight of trust lands 
creates a greater incentive for the productive development of a 
tribe's energy resources, benefiting its members, creating job 
opportunities for a tribe's community and for those living in 
the surrounding community, and increasing the supply of energy 
resources to fuel the United States' economy.
    More than a decade after the passage of the Energy Policy 
Act of 2005, no tribe has successfully applied for and a 
received a TERA. GAO cited a few reasons for this result, some 
of which include uncertainty surrounding TERA regulations 
promulgated by the Department of the Interior, limited tribal 
capacity and the costs of taking on activities currently 
controlled by federal agencies, and a complex application 
process.
    In the 112th Congress, the Subcommittee on Indian and 
Alaska Native Affairs held five\8\ Indian energy-related 
hearings. In the 113th Congress, Rep. Don Young (R-AK) 
introduced H.R. 1548, the Native American Energy Act. The 
Natural Resources Committee reported the bill and included an 
amended version as part of a larger energy package which passed 
the House.\9\ In the 114th Congress, H.R. 538, the Native 
American Energy Act, passed the House on October 8, 2015, with 
bipartisan support and was then referred to the Senate 
Committee on Indian Affairs. No further action occurred on the 
standalone bill; however, H.R. 538 was included in the House 
passed amendment to S. 2012, the North American Energy Security 
and Infrastructure Act of 2016. No further action occurred in 
the conference to S. 2012 before the end of the 114th Congress.
---------------------------------------------------------------------------
    \8\http://naturalresources.house.gov/calendar/
eventsingle.aspx?EventID=229900;
    https://naturalresources.house.gov/calendar/
eventsingle.aspx?EventID=240525;
    http://naturalresources.house.gov/calendar/
eventsingle.aspx?EventID=278663;
    http://naturalresources.house.gov/calendar/
eventsingle.aspx?EventID=286987;
    http://naturalresources.house.gov/calendar/
eventsingle.aspx?EventID=289030.
    \9\See H.R. 2, the American Energy Solutions for Lower Costs and 
More American Jobs Act, 113th Congress (2014), and H.R. 1965, Federal 
Lands Jobs and Energy Security Act of 2013 (2013).
---------------------------------------------------------------------------
    In the 115th Congress, the Natural Resources Committee 
marked up H.R. 210 on October 4, 2017, and reported the bill on 
October 23, 2018. H.R. 210 contains similar but not identical 
legislative language to S. 245.

                      Section-by-Section Analysis


Section 1. Short title

    This act may be cited as the Indian Tribal Energy 
Development and Self-Determination Act Amendments of 2017.

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

Section 101. Indian tribal energy resource development

    Amends the Energy Policy Act of 1992\10\ by directing the 
Secretary of the Interior to provide tribes with any technical 
assistance necessary for planning energy resource development 
programs.
---------------------------------------------------------------------------
    \10\25 U.S.C. 3502(a).
---------------------------------------------------------------------------
    The Indian energy education planning and management 
assistance program under the Department of Energy (DOE) is 
expanded so intertribal organizations can be eligible for the 
offered grants. The grants can also be used to upgrade tribes' 
capacity to oversee energy development and efficiency programs.
    Tribal energy development organizations will also be 
eligible for DOE energy development loan guarantees.

Section 103. Tribal Energy Resource Agreements

    Amends Section 2604 of the Energy Policy Act of 1992 in 
numerous ways relating to TERAs. Section 103 also changes the 
requirements for determining if a tribe has the capacity to 
operate a TERA. It not only requires the Secretary of the 
Interior to make the determination, but also places a 120-day 
time limit on the decision. A tribe is deemed to have 
sufficient capacity to operate a TERA if the tribe has a 
preexisting record of operating environmental programs and the 
tribe has successfully carried out approval of surface leases 
without any compliance violations.
    Subsection (a)(1) outlines that an applicable lease or 
business agreement may also directly include electricity-
producing facilities that run on renewable resources, if a 
portion of such resources have been produced or developed on 
tribal land. It also permits leases and agreements that include 
provisions on communitization, voluntary pooling, or 
unitization of an Indian tribe's energy resources with 
resources from another party.
    Subsection (a)(1) also provides that an agreement between a 
TERA and a tribe does not require the approval of Secretary if 
the lease or agreement is for a term that does not exceed 30 
years (or in the case of an oil or gas lease, 10 years).
    Subsection (a)(2) broadens ``applicable right-of-way'' to 
include facilities to produce electricity via renewable 
resources. It also provides that a right-of-way between an 
Indian tribe and a TERA for a lease or agreement that does not 
exceed 30 years is not required to be reviewed or approved by 
the Secretary.
    Subsection (a)(4) provides that a TERA takes effect 271 
days after submission by an Indian tribe unless the Secretary 
of the Interior directly disapproves of it before then. A 
subsequent TERA submission takes effect unless rejected by the 
Secretary in 90 days before it takes effect. The reasons for 
rejection of a TERA by the Secretary must be one of the 
following: the Indian tribe has failed to demonstrate capacity 
for the agreement, the TERA would ``violate applicable Federal 
law or an existing treaty of the Indian tribe'', or the TERA 
does not include any provisions mandated by Section 2604(e) of 
the Energy Policy Act of 1992.
    Subsection (a)(6) requires the Secretary of the Interior to 
provide funding to an Indian tribe in an amount equal to any 
savings that the United States will realize because of the 
Indian tribe carrying out a TERA. The funding would be made 
available under a separate funding agreement. This section also 
provides the requirements for certification as a tribal energy 
development organization.

Section 104. Technical assistance for Indian Tribal Governments

    This section requires the Secretary of Energy to work with 
the Directors of the National Laboratories to make all 
technical and scientific resources of the DOE available for 
tribal energy projects and activities.

Section 105. Conforming amendments

    Amends the Energy Policy Act of 1992 to make it consistent 
with the amendments previously made by Sections 101, 102, and 
103 of S. 245. It also expands the definition of tribal energy 
development organization to include business organizations that 
are wholly owned by an Indian tribe.

                   TITLE II--MISCELLANEOUS AMENDMENTS

Section 201. Issuance of preliminary permits or licenses

    Amends the Federal Power Act\11\ to require the Federal 
Regulatory Commission (FERC) to give tribes, in addition to 
States and municipalities, preference for the receipt of 
preliminary hydroelectric licenses.
---------------------------------------------------------------------------
    \11\16 U.S.C. 800(a).
---------------------------------------------------------------------------

Section 202. Tribal biomass demonstration project

    Amends the Tribal Forest Protection Act of 2004\12\ to 
create a demonstration project for Indian tribes and Alaska 
Natives to promote biomass energy production on Indian forest 
land and in nearby communities by providing reliable supplies 
of woody biomass from federal land.
---------------------------------------------------------------------------
    \12\25 U.S.C. 3115(a) et seq.
---------------------------------------------------------------------------

Section 203. Weatherization program

    The Energy Conservation and Production Act\13\ is amended 
by changing requirements for direct home weatherization grants 
to tribes. While the amount authorized to be reserved from 
State funding remains whole, direct funding requested by a 
tribal organization and approved by the Secretary of Energy (if 
it is deemed that low-income members of the Indian tribe would 
be better served by the direct funding than through the State) 
is authorized.
---------------------------------------------------------------------------
    \13\42 U.S.C. 6863(d).
---------------------------------------------------------------------------
    Creates an expectation that a tribally-designated housing 
entity in good standing under the Native American Housing 
Assistance and Self-Determination Act of 1996\14\ would 
automatically qualify as equally or better serving low-income 
tribal members.
---------------------------------------------------------------------------
    \14\25 U.S.C. 4101 et seq.
---------------------------------------------------------------------------

Section 204. Appraisals

    This section facilitates the appraisal of a tribe's trust 
or restricted lands for any transaction relating to the energy 
resources of such lands. Under Section 204, an appraisal may be 
conducted by the Secretary of the Interior, by a tribe or by a 
third-party appraiser contracted by a tribe.
    The Secretary has 45 days to review and approve any such 
appraisal, unless the appraisal fails to meet set standards set 
forth in subsection (d). Upon disapproval, the Secretary must 
give written notice to the tribe, as well as a detailed list of 
why the appraisal failed and steps to take to correct the 
deficiency leading to its disapproval.

Section 205. Leases of restricted lands for Navajo Nation

    Enhances Navajo Nation leasing authority. The Indian Long-
Term Leasing Act\15\ requires separate review and approval for 
each non-mineral lease of a tribe's land, triggering a lengthy, 
detailed review by the federal bureaucracy, and the potential 
preparation of an environmental review under the National 
Environmental Policy Act. In the 112th Congress, the HEARTH 
Act\16\ was enacted to allow any tribe to develop non-mineral 
leasing rules, and when such rules are approved by the 
Secretary of the Interior, the tribe may then execute leases 
without further Departmental involvement. It also increases the 
maximum amount of time commercial and agricultural leases can 
be signed by Navajo Nation on projects that do not require 
prior Interior approval (from 25 years to 99 years).
---------------------------------------------------------------------------
    \15\25 U.S.C. 415.
    \16\See Public Law 112-151, the Helping Expedite and Advance 
Responsible Tribal Homeownership Act (2012).
---------------------------------------------------------------------------
    This section allows the Navajo Nation to execute mineral 
and geothermal leases in a manner like the HEARTH Act. The 
terms of such leases may be for 25 years with an option to 
renew for one term of up to 25 years.
    Amends 25 U.S.C. 415(e) to permit the Navajo to execute 99-
year leases for business or agricultural purposes.

Section 206. Extension of tribal lease period for the Crow Tribe of 
        Montana

    Amends the Long-Term Leasing Act to allow the Crow Tribe of 
Montana to enter into leases of their land held in trust for a 
term up to 99 years.

Section 207. Trust status of lease payments

    Creates provisions for money held by the Department of the 
Interior in connection with the review and approval of a sale, 
lease, permit, or other conveyance of Indian land, unless the 
money originates from competitive bidding. If so, only money 
paid by the successful bidder will be held in trust.
    All contracts or other conveyance described in this 
section, along with all income produced from investment related 
to it, will be distributed to the Indian tribe or individual 
Indian landowners.

                            Committee Action

    S. 245 was introduced on January 20, 2017, by Senator John 
Hoeven (R-ND). The Senate passed the bill by unanimous consent 
on November 29, 2017. In the House of Representatives, the bill 
was referred primarily to the Committee on Natural Resources, 
and additionally to the Committee on Energy and Commerce. 
Within the Committee on Natural Resources, the bill was 
referred to the Subcommittee on Indian, Insular and Alaska 
Native Affairs and the Subcommittee on Energy and Mineral 
Resources. On November 15, 2018, the Committee on Natural 
Resources met to consider the bill. The Subcommittees were 
discharged by unanimous consent. No amendments were offered, 
and the bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 27, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 245, the Indian 
Tribal Energy Development and Self-Determination Act Amendments 
of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

S. 245--Indian Tribal Energy Development and Self-Determination Act 
        Amendments of 2017

    S. 245 would make various amendments to existing federal 
energy programs on tribal lands. Under current law, a tribe may 
enter into a tribal energy resource agreement (TERA) with the 
federal government to allow the tribe to complete and manage 
business agreements with third parties for such purposes as 
rights-of-way for energy projects and oil and gas leases. Under 
a TERA a tribe manages activities that would otherwise be 
carried out by the Department of the Interior (DOI). S. 245 
would allow that under most circumstances a TERA application 
would automatically be approved 270 days after submission to 
DOI. Under the act, DOI also would be required to pay a tribe 
operating under a TERA agreement for carrying out management 
activities. CBO estimates that implementing that provision 
would have no net effect on the federal budget because any 
amounts paid to tribes would have been spent by DOI to conduct 
the same work.
    Under the act, the Department of Energy would collaborate 
with the national laboratories to provide technical assistance 
to tribal governments. The act would establish a pilot program 
for tribes to use nonmarketable timber from neighboring federal 
lands for energy development. Using information from the 
department, CBO estimates that implementing those provisions 
would cost $1 million; such spending would be subject to the 
availability of appropriations.
    Enacting S. 245 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 245 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    S. 245 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
Tribes would benefit from greater flexibility and assistance 
authorized by the bill for energy development. Any costs to 
tribes would be incurred voluntarily as a condition of 
assistance or of participating in a voluntary federal program.
    On May 3, 2017, CBO transmitted a cost estimate for S. 245, 
the Indian Tribal Energy Development and Self-Determination Act 
Amendments of 2017, as ordered reported by the Senate Committee 
on Indian Affairs on February 8, 2017. The two versions of S. 
245 are similar and CBO's estimates of their budgetary effects 
are the same.
    The CBO staff contacts for this estimate are Robert Reese 
(for federal costs) and Rachel Austin (for mandates). The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Indian Tribal Energy 
Development and Self Determination Act of 2005.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. Section 103 of the bill directs the 
Secretary of the Interior to promulgate regulations to 
implement the changes to the TERA program made by that section. 
Section 204 directs the Secretary of the Interior to promulgate 
regulations regarding appraisals of minerals and energy 
resources on lands 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.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                       ENERGY POLICY ACT OF 1992




           *       *       *       *       *       *       *
                       TITLE XXVI--INDIAN ENERGY

SEC. 2601. DEFINITIONS.

  In this title:
          (1) The term ``Director'' means the Director of the 
        Office of Indian Energy Policy and Programs, Department 
        of Energy.
          (2) The term ``Indian land'' means--
                  (A) any land located within the boundaries of 
                an Indian reservation, pueblo, or rancheria;
                  (B) any land not located within the 
                boundaries of an Indian reservation, pueblo, or 
                rancheria, the title to which is held--
                          (i) in trust by the United States for 
                        the benefit of an Indian tribe or an 
                        individual Indian;
                          (ii) by an Indian tribe or an 
                        individual Indian, subject to 
                        restriction against alienation under 
                        laws of the United States; or
                          (iii) by a dependent Indian 
                        community; and
                  (C) land that is owned by an Indian tribe and 
                was conveyed by the United States to a Native 
                Corporation pursuant to the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1601 et seq.), 
                or that was conveyed by the United States to a 
                Native Corporation in exchange for such land.
          (3) The term ``Indian reservation'' includes--
                  (A) an Indian reservation in existence in any 
                State or States as of the date of enactment of 
                this paragraph;
                  (B) a public domain Indian allotment; and
                  (C) a dependent Indian community located 
                within the borders of the United States, 
                regardless of whether the community is 
                located--
                          (i) on original or acquired territory 
                        of the community; or
                          (ii) within or outside the boundaries 
                        of any State or States.
          (4)(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).
                  (B) For the purpose of paragraph (12) and 
                sections 2603(b)(1)(C) and 2604, the term 
                ``Indian tribe'' does not include any Native 
                Corporation.
          (5) The term ``integration of energy resources'' 
        means any project or activity that promotes the 
        location and operation of a facility (including any 
        pipeline, gathering system, transportation system or 
        facility, or electric transmission or distribution 
        facility) on or near Indian land to process, refine, 
        generate electricity from, or otherwise develop energy 
        resources on, Indian land.
          (6) The term ``Native Corporation'' has the meaning 
        given the term in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602).
          (7) The term ``organization'' means a partnership, 
        joint venture, limited liability company, or other 
        unincorporated association or entity that is 
        established to develop Indian energy resources.
          (8) The term ``Program'' means the Indian energy 
        resource development program established under section 
        2602(a).
          (9) The term ``qualified Indian tribe'' means an 
        Indian tribe that has--
                  (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.
          [(9)] (10) The term ``Secretary'' means the Secretary 
        of the Interior.
          [(10)] (11) The term ``sequestration'' means the 
        long-term separation, isolation, or removal of 
        greenhouse gases from the atmosphere, including through 
        a biological or geologic method such as reforestation 
        or an underground reservoir.
          [(11) The term ``tribal energy resource development 
        organization'' means an 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.]
          (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.
          [(12)] (13) The term ``tribal land'' means any land 
        or interests in land owned by any Indian tribe, title 
        to which is held in trust by the United States, or is 
        subject to a restriction against alienation under laws 
        of the United States.

SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

  (a) Department of the Interior Program.--
          (1) To assist Indian tribes in the development of 
        energy resources and further the goal of Indian self-
        determination, the Secretary shall establish and 
        implement an Indian energy resource development program 
        to assist consenting Indian tribes and [tribal energy 
        resource development organizations] tribal energy 
        development organizations in achieving the purposes of 
        this title.
          (2) In carrying out the Program, the Secretary 
        shall--
                  (A) provide development grants to Indian 
                tribes and [tribal energy resource development 
                organizations] tribal energy development 
                organizations for use in developing or 
                obtaining the managerial and technical capacity 
                needed to develop energy resources on Indian 
                land, and to properly account for resulting 
                energy production and revenues;
                  (B) provide grants to Indian tribes and 
                [tribal energy resource development 
                organizations] tribal energy development 
                organizations for use in carrying out projects 
                to promote the integration of energy resources, 
                and to process, use, or develop those energy 
                resources, on Indian land;
                  (C) provide low-interest loans to Indian 
                tribes and [tribal energy resource development 
                organizations] tribal energy development 
                organizations for use in the promotion of 
                energy resource development on Indian land and 
                integration of energy resources; [and]
                  (D) provide grants and technical assistance 
                to an appropriate tribal environmental 
                organization, as determined by the Secretary, 
                that represents multiple Indian tribes to 
                establish a national resource center to develop 
                tribal capacity to establish and carry out 
                tribal environmental programs in support of 
                energy-related programs and activities under 
                this title, including--
                          (i) training programs for tribal 
                        environmental officials, program 
                        managers, and other governmental 
                        representatives;
                          (ii) the development of model 
                        environmental policies and tribal laws, 
                        including tribal environmental review 
                        codes, and the creation and maintenance 
                        of a clearinghouse of best 
                        environmental management practices; and
                          (iii) recommended standards for 
                        reviewing the implementation of tribal 
                        environmental laws and policies within 
                        tribal judicial or other tribal appeals 
                        systems[.]; and
                  (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.
          (3) There are authorized to be appropriated to carry 
        out this subsection such sums as are necessary for each 
        of fiscal years 2006 through 2016.
          (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.--
          (1) The Director shall establish programs to assist 
        consenting Indian tribes in meeting energy education, 
        research and development, planning, and management 
        needs.
          (2) In carrying out this subsection, the Director may 
        provide grants, on a competitive basis, to an Indian 
        tribe, intertribal organization, or [tribal energy 
        resource development organization] tribal energy 
        development organization for use in carrying out--
                  (A) energy, energy efficiency, and energy 
                conservation programs;
                  (B) studies and other activities supporting 
                tribal acquisitions of energy supplies, 
                services, and facilities, including the 
                creation of tribal utilities to assist in 
                securing electricity to promote electrification 
                of homes and businesses on Indian land;
                  (C) activities to increase the capacity of 
                Indian tribes to manage energy development and 
                energy efficiency programs;
                  [(C)] (D) planning, construction, 
                development, operation, maintenance, and 
                improvement of tribal electrical generation, 
                transmission, and distribution facilities 
                located on Indian land; and
                  [(D)] (E) development, construction, and 
                interconnection of electric power transmission 
                facilities located on Indian land with other 
                electric transmission facilities.
          (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.
          [(3)] (4)(A) The Director shall develop a program to 
        support and implement research projects that provide 
        Indian tribes with opportunities to participate in 
        carbon sequestration practices on Indian land, 
        including--
                  (i) geologic sequestration;
                  (ii) forest sequestration;
                  (iii) agricultural sequestration; and
                  (iv) any other sequestration opportunities 
                the Director considers to be appropriate.
          (B) The activities carried out under subparagraph (A) 
        shall be--
                  (i) coordinated with other carbon 
                sequestration research and development programs 
                conducted by the Secretary of Energy;
                  (ii) conducted to determine methods 
                consistent with existing standardized 
                measurement protocols to account and report the 
                quantity of carbon dioxide or other greenhouse 
                gases sequestered in projects that may be 
                implemented on Indian land; and
                  (iii) reviewed periodically to collect and 
                distribute to Indian tribes information on 
                carbon sequestration practices that will 
                increase the sequestration of carbon without 
                threatening the social and economic well-being 
                of Indian tribes.
          [(4)] (5)(A) The Director, in consultation with 
        Indian tribes, may develop a formula for providing 
        grants under this subsection.
          (B) In providing a grant under this subsection, the 
        Director shall give priority to any application 
        received from an Indian tribe with inadequate electric 
        service (as determined by the Director).
          (C) In providing a grant under this subsection for an 
        activity to provide, or expand the provision of, 
        electricity on Indian land, the Director shall 
        encourage cooperative arrangements between Indian 
        tribes and utilities that provide service to Indian 
        tribes, as the Director determines to be appropriate.
          [(5)] (6) The Secretary of Energy may issue such 
        regulations as the Secretary determines to be necessary 
        to carry out this subsection.
          [(6)] (7) There is authorized to be appropriated to 
        carry out this subsection $20,000,000 for each of 
        fiscal years 2006 through 2016.
  (c) Department of Energy Loan Guarantee Program.--
          (1) Subject to paragraphs (2) and (4), the Secretary 
        of Energy may provide loan guarantees (as defined in 
        section 502 of the Federal Credit Reform Act of 1990 (2 
        U.S.C. 661a)) for an amount equal to not more than 90 
        percent of the unpaid principal and interest due on any 
        loan made to an Indian tribe or a tribal energy 
        development organization for energy development.
          (2) In providing a loan guarantee under this 
        subsection for an activity to provide, or expand the 
        provision of, electricity on Indian land, the Secretary 
        of Energy shall encourage cooperative arrangements 
        between Indian tribes and utilities that provide 
        service to Indian tribes, as the Secretary determines 
        to be appropriate.
          (3) A loan [guarantee] guaranteed under this 
        subsection shall be made by--
                  (A) a financial institution subject to 
                examination by the Secretary of Energy; [or]
                  (B) an Indian tribe, from funds of the Indian 
                tribe[.]; or
                  (C) a tribal energy development organization, 
                from funds of the tribal energy development 
                organization.
          (4) The aggregate outstanding amount guaranteed by 
        the Secretary of Energy at any time under this 
        subsection shall not exceed $2,000,000,000.
          (5) [The Secretary of Energy may] 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 issue 
        such regulations as the Secretary of Energy determines 
        are necessary to carry out this subsection.
          (6) There are authorized to be appropriated such sums 
        as are necessary to carry out this subsection, to 
        remain available until expended.
          (7) Not later than 1 year after the date of enactment 
        of this section, the Secretary of Energy shall submit 
        to Congress a report on the financing requirements of 
        Indian tribes for energy development on Indian land.
  (d) Preference.--
          (1) In purchasing electricity or any other energy 
        product or byproduct, a Federal agency or department 
        may give preference to an energy and resource 
        production enterprise, partnership, consortium, 
        corporation, or other type of business organization the 
        majority of the interest in which is owned and 
        controlled by 1 or more Indian tribes.
          (2) In carrying out this subsection, a Federal agency 
        or department shall not--
                  (A) pay more than the prevailing market price 
                for an energy product or byproduct; or
                  (B) obtain less than prevailing market terms 
                and conditions.

SEC. 2603. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

  (a) Grants.--The Secretary may provide to Indian tribes, on 
an annual basis, grants for use in accordance with subsection 
(b).
  (b) Use of Funds.--Funds from a grant provided under this 
section may be used--
          (1)(A) by an Indian tribe for the development of a 
        tribal energy resource inventory or tribal energy 
        resource on Indian land;
                  (B) by an Indian tribe for the development of 
                a feasibility study or other report necessary 
                to the development of energy resources on 
                Indian land;
                  (C) by an Indian tribe (other than an Indian 
                Tribe in the State of Alaska, except the 
                Metlakatla Indian Community) for--
                  (i) the development and enforcement of tribal 
                laws (including regulations) relating to tribal 
                energy resource development; and
                  (ii) the development of technical 
                infrastructure to protect the environment under 
                applicable law; or
                  (D) by a Native Corporation for the 
                development and implementation of corporate 
                policies and the development of technical 
                infrastructure to protect the environment under 
                applicable law; and
          (2) by an Indian tribe for the training of employees 
        that--
                  (A) are engaged in the development of energy 
                resources on Indian land; or
                  (B) are responsible for protecting the 
                environment.
  (c) Other Assistance.--
          (1) In carrying out the obligations of the United 
        States under this title, the Secretary shall ensure, to 
        the maximum extent practicable and to the extent of 
        available resources, that [on the request of an Indian 
        tribe, the Indian tribe] on the request of an Indian 
        tribe or a tribal energy development organization, the 
        Indian tribe or tribal energy development organization 
        shall have available scientific and technical 
        information and expertise, for use in the regulation, 
        development, and management of energy resources of the 
        Indian tribe on Indian land.
          (2) The Secretary may carry out paragraph (1)--
                  (A) directly, through the use of Federal 
                officials; or
                  (B) indirectly, by providing financial 
                assistance to an Indian tribe or tribal energy 
                development organization to secure independent 
                assistance.

SEC. 2604. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY INVOLVING 
                    ENERGY DEVELOPMENT OR TRANSMISSION.

  (a) Leases and Business Agreements.--In accordance with this 
section--
          (1) an Indian tribe may, at the discretion of the 
        Indian tribe, enter into a lease or business agreement 
        for the purpose of energy resource development on 
        tribal land, including a lease or business agreement 
        for--
                  (A) exploration for, extraction of, 
                processing of, or other development of the 
                energy mineral resources of the Indian tribe 
                located on tribal land; [or]
                  (B) construction or operation of--
                          [(i) an electric generation, 
                        transmission, or distribution facility 
                        located on tribal land; or]
                          (i) an electric production, 
                        generation, transmission, or 
                        distribution facility (including a 
                        facility that produces electricity from 
                        renewable energy resources) located on 
                        tribal land; or
                          (ii) a facility to process or refine 
                        energy resources, at least a portion of 
                        which have been developed on or 
                        produced from tribal land; [and] or
                  (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
          [(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--
                  [(A) the lease or business agreement is 
                executed pursuant to a tribal energy resource 
                agreement approved by the Secretary under 
                subsection (e);
                  [(B) the term of the lease or business 
                agreement 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; and
                  [(C) the Indian tribe has entered into a 
                tribal energy resource agreement with the 
                Secretary, as described in subsection (e), 
                relating to the development of energy resources 
                on tribal land (including the periodic review 
                and evaluation of the activities of the Indian 
                tribe under the agreement, to be conducted 
                pursuant to subsection (e)(2)(D)(i)).]
          (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
                          (ii) by the Indian tribe and a tribal 
                        energy development organization for 
                        which the Indian tribe has obtained a 
                        certification pursuant to subsection 
                        (h); and
                  (B) has a term that does not exceed--
                          (i) 30 years; or
                          (ii) in the case of a lease for the 
                        production of oil resources, gas 
                        resources, or both, 10 years and as 
                        long thereafter as oil or gas is 
                        produced in paying quantities.
  [(b) Rights-of-Way for Pipelines or Electric Transmission or 
Distribution Lines.--An Indian tribe may grant a right-of-way 
over tribal land for a pipeline or an electric transmission or 
distribution line without review or approval by the Secretary 
if--
          [(1) the right-of-way is executed in accordance with 
        a tribal energy resource agreement approved by the 
        Secretary under subsection (e);
          [(2) the term of the right-of-way does not exceed 30 
        years;
          [(3) the pipeline or electric transmission or 
        distribution line serves--
                  [(A) an electric generation, transmission, or 
                distribution facility located on tribal land; 
                or
                  [(B) a facility located on tribal land that 
                processes or refines energy resources developed 
                on tribal land; and
          [(4) the Indian tribe has entered into a tribal 
        energy resource agreement with the Secretary, as 
        described in subsection (e), relating to the 
        development of energy resources on tribal land 
        (including the periodic review and evaluation of the 
        activities of the Indian tribe under an agreement 
        described in subparagraphs (D) and (E) of subsection 
        (e)(2)).]
  (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) has a term that does not exceed 30 years.
  (c) Renewals.--A lease or business agreement entered into, or 
a right-of-way granted, by an Indian tribe under this section 
may be renewed at the discretion of the Indian tribe in 
accordance with this section.
  [(d) Validity.--No lease, business agreement, or right-of-way 
relating to the development of tribal energy resources under 
this section shall be valid unless the lease, business 
agreement, or right-of-way is authorized by a tribal energy 
resource agreement approved by the Secretary under subsection 
(e)(2).]
  (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).
  (e) Tribal Energy Resource Agreements.--
          [(1) On the date on which regulations are promulgated 
        under paragraph (8), an Indian tribe may submit to the 
        Secretary for approval a tribal energy resource 
        agreement governing leases, business agreements, and 
        rights-of-way under this section.]
          (1) In general.--
                  (A) 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) 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;
                          (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.
          [(2)][(A) Not later than 270 days after the date on 
        which the Secretary receives a tribal energy resource 
        agreement from an Indian tribe under paragraph (1), or 
        not later than 60 days after the Secretary receives a 
        revised tribal energy resource agreement from an Indian 
        tribe under paragraph (4)(C) (or a later date, as 
        agreed to by the Secretary and the Indian tribe), the 
        Secretary shall approve or disapprove the tribal energy 
        resource agreement.]
          (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).
          [(B) The Secretary shall approve a tribal energy 
        resource agreement submitted under paragraph (1) if--]
                  [(i) the Secretary determines that the Indian 
                tribe has demonstrated that the Indian tribe 
                has sufficient capacity to regulate the 
                development of energy resources of the Indian 
                tribe;
                  [(ii) the tribal energy resource agreement 
                includes provisions required under subparagraph 
                (D); and]
                  (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
                  (iii) the tribal energy resource agreement 
                [includes provisions that, with respect to a 
                lease, business agreement, or right-of-way 
                under this section--] does not include 
                provisions that, with respect to any lease, 
                business agreement, or right-of-way to which 
                the tribal energy resource agreement applies--
                          [(I) ensure the acquisition of 
                        necessary information from the 
                        applicant for the lease, business 
                        agreement, or right-of-way;
                          [(II) address the term of the lease 
                        or business agreement or the term of 
                        conveyance of the right-of-way;]
                          [(III)] (I) address amendments and 
                        renewals;
                          [(IV)] (II) address the economic 
                        return to the Indian tribe under 
                        leases, business agreements, and 
                        rights-of-way;
                          [(V) address technical or other 
                        relevant requirements;]
                          [(VI)] (III) establish requirements 
                        for environmental review in accordance 
                        with subparagraph (C);
                          [(VII)] (IV) ensure compliance with 
                        all applicable environmental laws, 
                        including a requirement that each 
                        lease, business agreement, and right-
                        of-way state that the lessee, operator, 
                        or right-of-way grantee shall comply 
                        with all such laws;
                          [(VIII) identify final approval 
                        authority;]
                          [(IX)] (V) provide for public 
                        notification of final approvals;
                          [(X)] (VI) establish a process for 
                        consultation with any affected States 
                        regarding off-reservation impacts, if 
                        any, identified under subparagraph 
                        (C)(i);
                          [(XI)] (VII) describe the remedies 
                        for breach of the lease, business 
                        agreement, or right-of-way;
                          [(XII)] (VIII) require each lease, 
                        business agreement, and right-of-way to 
                        include a statement that, if any of its 
                        provisions violates an express term or 
                        requirement of the tribal energy 
                        resource agreement pursuant to which 
                        the lease, business agreement, or 
                        right-of-way was executed--
                                  (aa) the provision shall be 
                                null and void; and
                                  (bb) if the Secretary 
                                determines the provision to be 
                                material, the Secretary may 
                                suspend or rescind the lease, 
                                business agreement, or right-
                                of-way or take other 
                                appropriate action that the 
                                Secretary determines to be in 
                                the best interest of the Indian 
                                tribe;
                          [(XIII)] (IX) require each lease, 
                        business agreement, and right-of-way to 
                        provide that it will become effective 
                        on the date on which a copy of the 
                        executed lease, business agreement, or 
                        right-of-way is delivered to the 
                        Secretary in accordance with 
                        regulations promulgated under paragraph 
                        (8);
                          [(XIV)] (X) include citations to 
                        tribal laws, regulations, or 
                        procedures, if any, that set out tribal 
                        remedies that must be exhausted before 
                        a petition may be submitted to the 
                        Secretary under paragraph (7)(B);
                          [(XV) specify the financial 
                        assistance, if any, to be provided by 
                        the Secretary to the Indian tribe to 
                        assist in implementation of the tribal 
                        energy resource agreement, including 
                        environmental review of individual 
                        projects; and]
                          [(XVI)] (XI) in accordance with the 
                        regulations promulgated by the 
                        Secretary under paragraph (8), require 
                        that the Indian tribe, as soon as 
                        practicable after receipt of a notice 
                        by the Indian tribe, give written 
                        notice to the Secretary of--
                                  (aa) any breach or other 
                                violation by another party of 
                                any provision in a lease, 
                                business agreement, or right-
                                of-way entered into under the 
                                tribal energy resource 
                                agreement; and
                                  (bb) any activity or 
                                occurrence under a lease, 
                                business agreement, or right-
                                of-way that constitutes a 
                                violation of Federal [or 
                                tribal] environmental laws[.];
                          (XII) include a certification by the 
                        Indian tribe that the Indian tribe 
                        has--
                                  (aa) carried out a contract 
                                or compact under title I or IV 
                                of the Indian Self-
                                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.
          (C) Tribal energy resource agreements submitted under 
        paragraph (1) shall establish, and include provisions 
        to ensure compliance with, an environmental review 
        process that, with respect to a lease, business 
        agreement, or right-of-way under this section, provides 
        for, at a minimum--
                  [(i) the identification and evaluation of all 
                significant environmental effects (as compared 
                to a no-action alternative), including effects 
                on cultural resources;
                  [(ii) the identification of proposed 
                mitigation measures, if any, and incorporation 
                of appropriate mitigation measures into the 
                lease, business agreement, or right-of-way;]
                  (i) 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;
                  [(iii)] (ii) a process for ensuring that--
                          (I) the public is informed of, and 
                        has an opportunity to comment on, the 
                        environmental impacts of the proposed 
                        action; and
                          (II) responses to relevant and 
                        substantive comments are provided, 
                        before tribal approval of the lease, 
                        business agreement, or right-of-way;
                  [(iv)] (iii) sufficient administrative 
                support and technical capability to carry out 
                the environmental review process; and
                  [(v)] (iv) oversight by the Indian tribe of 
                energy development activities by any other 
                party under any lease, business agreement, or 
                right-of-way entered into pursuant to the 
                tribal energy resource agreement, to determine 
                whether the activities are in compliance with 
                the tribal energy resource agreement and 
                applicable Federal environmental laws.
          (D) A tribal energy resource agreement between the 
        Secretary and an Indian tribe under this subsection 
        shall include--
                  (i) provisions requiring the Secretary to 
                conduct a periodic review and evaluation to 
                monitor the performance of the activities of 
                the Indian tribe associated with the 
                development of energy resources under the 
                tribal energy resource agreement; and
                  (ii) if a periodic review and evaluation, or 
                an investigation, by the Secretary of any 
                breach or violation described in a notice 
                provided by the Indian tribe to the Secretary 
                in accordance with [subparagraph (B)(iii)(XVI)] 
                subparagraph (B)(iv)(XI), results in a finding 
                by the Secretary of imminent jeopardy to a 
                physical trust asset arising from a violation 
                of the tribal energy resource agreement or 
                applicable Federal laws, provisions authorizing 
                the Secretary to take actions determined by the 
                Secretary to be necessary to protect the asset, 
                including reassumption of responsibility for 
                activities associated with the development of 
                energy resources on tribal land until the 
                violation and any condition that caused the 
                jeopardy are corrected.
                  (E) Periodic review and evaluation under 
                subparagraph (D) shall be conducted on an 
                annual basis, except that, after the third 
                annual review and evaluation, the Secretary and 
                the Indian tribe may mutually agree to amend 
                the tribal energy resource agreement to 
                authorize the review and evaluation under 
                subparagraph (D) to be conducted once every 2 
                years.
                  (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 
                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).
          [(3) The Secretary]
          (3) Notice and comment; secretarial review._The 
        Secretary  shall provide notice and opportunity for 
        public comment on tribal energy resource agreements 
        submitted [for approval] under paragraph (1). The 
        Secretary's review of a tribal energy resource 
        agreement shall be limited to activities specified by 
        the provisions of the tribal energy resource agreement.
          [(4) If the Secretary]
          (4) Action in case of disapproval._If the Secretary  
        disapproves a tribal energy resource agreement 
        submitted by an Indian tribe under paragraph (1), the 
        Secretary shall, not later than 10 days after the [date 
        of disapproval--] date of disapproval, provide the 
        Indian tribe with--
                  [(A) notify the Indian tribe in writing of 
                the basis for the disapproval;
                  [(B) identify what changes or other actions 
                are required to address the concerns of the 
                Secretary; and
                  [(C) provide the Indian tribe with an 
                opportunity to revise and resubmit the tribal 
                energy resource agreement.]
                  (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.
          [(5) If an Indian tribe]
          (5) Provision of documents to secretary._If an Indian 
        tribe  executes a lease or business agreement, or 
        grants a right-of-way, in accordance with a tribal 
        energy resource agreement [approved] in effect under 
        this subsection, the Indian tribe shall, in accordance 
        with the process and requirements under regulations 
        promulgated under paragraph (8), provide to the 
        Secretary--
                  (A) a copy of the lease, business agreement, 
                or right-of-way document (including all 
                amendments to and renewals of the document); 
                and
                  (B) in the case of a tribal energy resource 
                agreement or a lease, business agreement, or 
                right-of-way that permits payments to be made 
                directly to the Indian tribe, information and 
                documentation of those payments sufficient to 
                enable the Secretary to discharge the trust 
                responsibility of the United States to enforce 
                the terms of, and protect the rights of the 
                Indian tribe under, the lease, business 
                agreement, or right-of-way.
          [(6)(A) In carrying out]
          (6) Secretarial obligations and effect of section._
                  (A) In carrying out  this section, the 
                Secretary shall--
                          (i) act in accordance with the trust 
                        responsibility of the United States 
                        relating to mineral and other trust 
                        resources; and
                          (ii) act in good faith and in the 
                        best interests of the Indian tribes.
          [(B) Subject to]
          (B) Subject only to  the provisions of subsections 
        (a)(2), (b), and (c) waiving the requirement of 
        Secretarial approval of leases, business agreements, 
        and rights-of-way executed pursuant to tribal energy 
        resource agreements [approved] in effect under this 
        section, and the provisions of [subparagraph (D)] 
        subparagraphs (C) and (D), nothing in this section 
        shall absolve the United States from any responsibility 
        to Indians or Indian tribes, including, but not limited 
        to, those which derive from the trust relationship or 
        from any treaties, statutes, and other laws of the 
        United States, Executive orders, or agreements between 
        the United States and any Indian tribe.
          (C) The Secretary shall continue to fulfill the trust 
        obligation of the United States to perform the 
        obligations of the Secretary under this section and to 
        ensure that the rights and interests of an Indian tribe 
        are protected if--
                  (i) any other party to a lease, business 
                agreement, or right-of-way violates any 
                applicable Federal law or the terms of any 
                lease, business agreement, or right-of-way 
                under this section; or
                  (ii) any provision in a lease, business 
                agreement, or right-of-way violates the tribal 
                energy resource agreement pursuant to which the 
                lease, business agreement, or right-of-way was 
                executed.
          (D)(i) In this subparagraph, the term ``negotiated 
        term'' means any term or provision that is negotiated 
        by an Indian tribe and any other party to a lease, 
        business agreement, or right-of-way entered into 
        pursuant to [an approved tribal energy resource 
        agreement] a tribal energy resource agreement in effect 
        under this section.
          (ii) Notwithstanding subparagraph (B), the United 
        States shall not be liable to any party (including any 
        Indian tribe) for any negotiated term of, or any loss 
        resulting from the negotiated terms of, a lease, 
        business agreement, or right-of-way executed pursuant 
        to and in accordance with a tribal energy resource 
        agreement [approved by the Secretary] in effect under 
        paragraph (2).
                  (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.
          [(7)(A) In this paragraph]
          (7) Petitions by interested parties._
                  (A) In this paragraph, the term ``interested 
                party'' means any person (including an entity) 
                that [has demonstrated] the Secretary 
                determines has demonstrated with substantial 
                evidence that an interest of the person has 
                sustained, or will sustain, an adverse 
                environmental impact as a result of the failure 
                of an Indian tribe to comply with a tribal 
                energy resource agreement of the Indian tribe 
                [approved by the Secretary] in effect under 
                paragraph (2).
          (B) After exhaustion of [any tribal remedy] all 
        remedies (if any) provided under the laws of the Indian 
        tribe, and in accordance with regulations promulgated 
        by the Secretary under paragraph (8), an interested 
        party may submit to the Secretary a petition to review 
        the compliance by an Indian tribe with a tribal energy 
        resource agreement of the Indian tribe [approved by the 
        Secretary] in effect under paragraph (2).
          (C)(i) Not later than 20 days after the date on which 
        the Secretary receives a petition under subparagraph 
        (B), the Secretary shall--
                  (I) provide to the Indian tribe a copy of the 
                petition; and
                  (II) consult with the Indian tribe regarding 
                any noncompliance alleged in the petition.
          (ii) Not later than 45 days after the date on which a 
        consultation under clause (i)(II) takes place, the 
        Indian tribe shall respond to any claim made in a 
        petition under subparagraph (B).
          (iii) The Secretary shall act in accordance with 
        subparagraphs (D) and (E) only if the Indian tribe--
                  (I) denies, or fails to respond to, each 
                claim made in the petition within the period 
                described in clause (ii); or
                  (II) fails, refuses, or is unable to cure or 
                otherwise resolve each claim made in the 
                petition within a reasonable period, as 
                determined by the Secretary, after the 
                expiration of the period described in clause 
                (ii).
          (D)(i) Not later than 120 days after the date on 
        which the Secretary receives a petition under 
        subparagraph (B), the Secretary shall [determine 
        whether the Indian tribe is not in compliance with the 
        tribal energy resource agreement.] 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) The Secretary may adopt procedures under 
        paragraph (8) authorizing an extension of time, not to 
        exceed 120 days, for making the [determination] 
        determinations under clause (i) in any case in which 
        the Secretary determines that additional time is 
        necessary to evaluate the allegations of the petition.
          (iii) Subject to subparagraph (E), if the Secretary 
        determines that the Indian tribe is not in compliance 
        with the tribal energy resource [agreement, the 
        Secretary shall take such action as the Secretary 
        determines to be necessary to ensure compliance with 
        the tribal energy resource agreement, including] 
        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--
                  (I) temporarily suspending any activity under 
                a lease, business agreement, or right-of-way 
                under this section until the Indian tribe is in 
                compliance with the [approved] tribal energy 
                resource agreement; or
                  (II) rescinding [approval of] all or part of 
                the tribal energy resource agreement, and if 
                all of the agreement is rescinded, reassuming 
                the responsibility for approval of any future 
                leases, business agreements, or rights-of-way 
                described in [subsection (a) or (b)] subsection 
                (a)(2)(A)(i) or (b)(2)(A).
          (E) Before taking an action described in subparagraph 
        (D)(iii), the Secretary shall--
                  (i) make a written determination that 
                describes [the manner in which], with respect 
                to each claim made in the petition, how the 
                tribal energy resource agreement has been 
                violated;
                  (ii) provide the Indian tribe with a written 
                notice of the violations together with the 
                written determination; and
                  (iii) before taking any action described in 
                subparagraph (D)(iii) or seeking any other 
                remedy, provide the Indian tribe with a hearing 
                and a reasonable opportunity to attain 
                compliance with the tribal energy resource 
                agreement.
          (F) An Indian tribe described in subparagraph (E) 
        shall retain all rights to appeal under any regulation 
        promulgated by the Secretary.
                  (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.
          (8) Not later than 1 year after the date of enactment 
        of the Energy Policy Act of 2005, the Secretary shall 
        promulgate regulations that implement this subsection, 
        including--
                  [(A) criteria to be used in determining the 
                capacity of an Indian tribe under paragraph 
                (2)(B)(i), including the experience of the 
                Indian tribe in managing natural resources and 
                financial and administrative resources 
                available for use by the Indian tribe in 
                implementing the approved tribal energy 
                resource agreement of the Indian tribe;]
                  [(B)] (A) a process and requirements in 
                accordance with which an Indian tribe may--
                          (i) voluntarily rescind a tribal 
                        energy resource agreement approved by 
                        the Secretary under this subsection; 
                        [and]
                          (ii) return to the Secretary the 
                        responsibility to approve any future 
                        lease, business agreement, or right-of-
                        way under this subsection; and
                          (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;
                  [(C)] (B) provisions establishing the scope 
                of, and procedures for, the periodic review and 
                evaluation described in subparagraphs (D) and 
                (E) of paragraph (2), including provisions for 
                review of transactions, reports, site 
                inspections, and any other review activities 
                the Secretary determines to be appropriate; and
                  [(D)] (C) provisions describing final agency 
                actions after exhaustion of administrative 
                appeals from determinations of the Secretary 
                under paragraph (7).
          (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.
  (f) No Effect on Other Law.--Nothing in this section affects 
the application of--
          (1) any Federal environmental law;
          (2) the Surface Mining Control and Reclamation Act of 
        1977 (30 U.S.C. 1201 et seq.); or
          (3) except as otherwise provided in this title, the 
        Indian Mineral Development Act of 1982 (25 U.S.C. 2101 
        et seq.).
  (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 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) 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) 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;
                  (ii)(I) the majority of the interest in the 
                tribal energy development organization is owned 
                and controlled by the Indian tribe (or the 
                Indian tribe and one or more other Indian 
                tribes) the tribal land of which is being 
                developed; and
                  (II) the organizing document of the tribal 
                energy development organization requires that 
                the Indian tribe with jurisdiction over the 
                land maintain at all times the controlling 
                interest in the tribal energy development 
                organization;
                  (iii) the organizing document of the tribal 
                energy development organization requires that 
                the Indian tribe (or the Indian tribe and one 
                or more other Indian tribes) the tribal land of 
                which is being developed own and control at all 
                times a majority of the interest in the tribal 
                energy development organization; and
                  (iv) the organizing document of the tribal 
                energy development organization includes a 
                statement that the organization shall be 
                subject to the jurisdiction, laws, and 
                authority of the Indian tribe.
          (3) Action by secretary.--If the Secretary approves 
        an application for certification pursuant to paragraph 
        (2), the 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) publish the certification in the Federal 
                Register.
  (i) Sovereign Immunity.--Nothing in this section waives the 
sovereign immunity of an Indian tribe.
  [(g)] (j) Authorization of Appropriations.--There are 
authorized to be appropriated to the Secretary such sums as are 
necessary for each of fiscal years 2006 through 2016 to carry 
out this section and to make grants or provide other 
appropriate assistance to Indian tribes to assist the Indian 
tribes in developing and implementing tribal energy resource 
agreements in accordance with this section.

           *       *       *       *       *       *       *


SEC. 2606. WIND AND HYDROPOWER FEASIBILITY STUDY.

  (a) Study.--The Secretary of Energy, in coordination with the 
Secretary of the Army and the Secretary, shall conduct a study 
of the cost and feasibility of developing a demonstration 
project that uses wind energy generated by Indian tribes and 
hydropower generated by the Army Corps of Engineers on the 
Missouri River to supply firming power to the Western Area 
Power Administration.
  (b) Scope of Study.--The study shall--
          (1) determine the economic and engineering 
        feasibility of blending wind energy and hydropower 
        generated from the Missouri River dams operated by the 
        Army Corps of Engineers, including an assessment of the 
        costs and benefits of blending wind energy and 
        hydropower compared to current sources used for firming 
        power to the Western Area Power Administration;
          (2) review historical and projected requirements for, 
        patterns of availability and use of, and reasons for 
        historical patterns concerning the availability of 
        firming power;
          (3) assess the wind energy resource potential on 
        tribal land and projected cost savings through a blend 
        of wind and hydropower over a 30-year period;
          (4) determine seasonal capacity needs and associated 
        transmission upgrades for integration of tribal wind 
        generation and identify costs associated with these 
        activities;
          (5) include an independent tribal engineer and a 
        Western Area Power Administration customer 
        representative as study team members; and
          (6) incorporate, to the extent appropriate, the 
        results of the Dakotas Wind Transmission study prepared 
        by the Western Area Power Administration.
  (c) Report.--Not later than 1 year after the date of 
enactment of the Energy Policy Act of 2005, the Secretary of 
Energy, the Secretary, and the Secretary of the Army shall 
submit to Congress a report that describes the results of the 
study, including--
          (1) an analysis and comparison of the potential 
        energy cost or benefits to the customers of the Western 
        Area Power Administration through the use of combined 
        wind and hydropower;
          (2) an economic and engineering evaluation of whether 
        a combined wind and hydropower system can reduce 
        reservoir fluctuation, enhance efficient and reliable 
        energy production, and provide Missouri River 
        management flexibility;
          (3) if found feasible, recommendations for a 
        demonstration project to be carried out by the Western 
        Area Power Administration, in partnership with an 
        Indian tribal government or tribal [energy resource 
        development] energy development organization, and 
        Western Area Power Administration customers to 
        demonstrate the feasibility and potential of using wind 
        energy produced on Indian land to supply firming energy 
        to the Western Area Power Administration; and
          (4) an identification of--
                  (A) the economic and environmental costs of, 
                or benefits to be realized through, a Federal-
                tribal-customer partnership; and
                  (B) the manner in which a Federal-tribal-
                customer partnership could contribute to the 
                energy security of the United States.
  (d) Funding.--
          (1) Authorization of Appropriations.--There is 
        authorized to be appropriated to carry out this section 
        $1,000,000, to remain available until expended.
          (2) Nonreimbursability.--Costs incurred by the 
        Secretary in carrying out this section shall be 
        nonreimbursable.

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).

           *       *       *       *       *       *       *

                              ----------                              


                           FEDERAL POWER ACT


PART I

           *       *       *       *       *       *       *


  Sec. 7. (a) In issuing preliminary permits hereunder or 
original licenses where no preliminary permit has been issued, 
the Commission shall give preference to applications therefor 
by [States and municipalities] States, Indian tribes, and 
municipalities, provided the plans for the same are deemed by 
the Commission equally well adapted, or shall within a 
reasonable time to be fixed by the Commission be made equally 
well adapted, to conserve and utilize in the public interest 
the water resources of the region; and as between other 
applicants, the Commission may give preference to the applicant 
the plans of which it finds and determines are best adapted to 
develop, conserve, and utilize in the public interest the water 
resources of the region, if it be satisfied as to the ability 
of the applicant to carry out such plans.
  (b) Whenever, in the judgment of the Commission, the 
development of any water resources for public purposes should 
be undertaken by the United States itself, the Commission shall 
not approve any application for any project affecting such 
development, but shall cause to be made such examinations, 
surveys, reports, plans, and estimates of the cost of the 
proposed development as it may find necessary, and shall submit 
its findings to Congress with such recommendations as it may 
find appropriate concerning such development.
  (c) Whenever after notice and opportunity for hearing in the 
Commission determines that the United States should exercise 
its right upon or after the expiration of any license to take 
over any project or projects for public purposes, the 
Commission shall not issue a new license to the original 
licensee or to a new licensee but shall submit its 
recommendation to Congress together with such information as it 
may consider appropriate.

           *       *       *       *       *       *       *

                              ----------                              


                  TRIBAL FOREST PROTECTION ACT OF 2004




           *       *       *       *       *       *       *
SEC. 2. TRIBAL FOREST ASSETS PROTECTION.

  (a) Definitions.--[In this section] In this Act:
          (1) Federal land.--The term ``Federal land'' means--
                  (A) 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
                  (B) 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.
          (2) Indian forest land or rangeland.--The term 
        ``Indian forest land or rangeland'' means land that--
                  (A) is held in trust by, or with a 
                restriction against alienation by, the United 
                States for an Indian tribe or a member of an 
                Indian tribe; and
                  (B)(i)(I) is Indian forest land (as defined 
                in section 304 of the National Indian Forest 
                Resources Management Act (25 U.S.C. 3103)); or
                                  (II) has a cover of grasses, 
                                brush, or any similar 
                                vegetation; or
                          (ii) formerly had a forest cover or 
                        vegetative cover that is capable of 
                        restoration.
          (3) 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. 
        450b).
          (4) Secretary.--The term ``Secretary'' means--
                  (A) the Secretary of Agriculture, with 
                respect to land under the jurisdiction of the 
                Forest Service; and
                  (B) the Secretary of the Interior, with 
                respect to land under the jurisdiction of the 
                Bureau of Land Management.
  (b) Authority to Protect Indian Forest Land or Rangeland.--
          (1) In general.--Not later than 120 days after the 
        date on which an Indian tribe submits to the Secretary 
        a request to enter into an agreement or contract to 
        carry out a project to protect Indian forest land or 
        rangeland (including a project to restore Federal land 
        that borders on or is adjacent to Indian forest land or 
        rangeland) that meets the criteria described in 
        subsection (c), the Secretary may issue public notice 
        of initiation of any necessary environmental review or 
        of the potential of entering into an agreement or 
        contract with the Indian tribe pursuant to section 347 
        of the Department of the Interior and Related Agencies 
        Appropriations Act, 1999 (16 U.S.C. 2104 note; Public 
        Law 105-277) (as amended by section 323 of the 
        Department of the Interior and Related Agencies 
        Appropriations Act, 2003 (117 Stat. 275)), or such 
        other authority as appropriate, under which the Indian 
        tribe would carry out activities described in paragraph 
        (3).
          (2) Environmental analysis.--Following completion of 
        any necessary environmental analysis, the Secretary may 
        enter into an agreement or contract with the Indian 
        tribe as described in paragraph (1).
          (3) Activities.--Under an agreement or contract 
        entered into under paragraph (2), the Indian tribe may 
        carry out activities to achieve land management goals 
        for Federal land that is--
                  (A) under the jurisdiction of the Secretary; 
                and
                  (B) bordering or adjacent to the Indian 
                forest land or rangeland under the jurisdiction 
                of the Indian tribe.
  (c) Selection Criteria.--The criteria referred to in 
subsection (b), with respect to an Indian tribe, are whether--
          (1) the Indian forest land or rangeland under the 
        jurisdiction of the Indian tribe borders on or is 
        adjacent to land under the jurisdiction of the Forest 
        Service or the Bureau of Land Management;
          (2) Forest Service or Bureau of Land Management land 
        bordering on or adjacent to the Indian forest land or 
        rangeland under the jurisdiction of the Indian tribe--
                  (A) poses a fire, disease, or other threat 
                to--
                          (i) the Indian forest land or 
                        rangeland under the jurisdiction of the 
                        Indian tribe; or
                          (ii) a tribal community; or
                  (B) is in need of land restoration 
                activities;
          (3) the agreement or contracting activities applied 
        for by the Indian tribe are not already covered by a 
        stewardship contract or other instrument that would 
        present a conflict on the subject land; and
          (4) the Forest Service or Bureau of Land Management 
        land described in the application of the Indian tribe 
        presents or involves a feature or circumstance unique 
        to that Indian tribe (including treaty rights or 
        biological, archaeological, historical, or cultural 
        circumstances).
  (d) Notice of Denial.--If the Secretary denies a tribal 
request under subsection (b)(1), the Secretary may issue a 
notice of denial to the Indian tribe, which--
          (1) identifies the specific factors that caused, and 
        explains the reasons that support, the denial;
          (2) identifies potential courses of action for 
        overcoming specific issues that led to the denial; and
          (3) proposes a schedule of consultation with the 
        Indian tribe for the purpose of developing a strategy 
        for protecting the Indian forest land or rangeland of 
        the Indian tribe and interests of the Indian tribe in 
        Federal land.
  (e) Proposal Evaluation and Determination Factors.--In 
entering into an agreement or contract in response to a request 
of an Indian tribe under subsection (b)(1), the Secretary may--
          (1) use a best-value basis; and
          (2) give specific consideration to tribally-related 
        factors in the proposal of the Indian tribe, 
        including--
                  (A) the status of the Indian tribe as an 
                Indian tribe;
                  (B) the trust status of the Indian forest 
                land or rangeland of the Indian tribe;
                  (C) the cultural, traditional, and historical 
                affiliation of the Indian tribe with the land 
                subject to the proposal;
                  (D) the treaty rights or other reserved 
                rights of the Indian tribe relating to the land 
                subject to the proposal;
                  (E) the indigenous knowledge and skills of 
                members of the Indian tribe;
                  (F) the features of the landscape of the land 
                subject to the proposal, including watersheds 
                and vegetation types;
                  (G) the working relationships between the 
                Indian tribe and Federal agencies in 
                coordinating activities affecting the land 
                subject to the proposal; and
                  (H) the access by members of the Indian tribe 
                to the land subject to the proposal.
  (f) No Effect on Existing Authority.--Nothing in this Act--
          (1) prohibits, restricts, or otherwise adversely 
        affects the participation of any Indian tribe in 
        stewardship agreements or contracting under the 
        authority of section 347 of the Department of the 
        Interior and Related Agencies Appropriations Act, 1999 
        (16 U.S.C. 2104 note; Public Law 105-277) (as amended 
        by section 323 of the Department of the Interior and 
        Related Agencies Appropriations Act, 2003 (117 Stat. 
        275)) or other authority invoked pursuant to this Act; 
        or
          (2) invalidates any agreement or contract under that 
        authority.
  (g) Report.--Not later than 4 years after the date of 
enactment of this Act, the Secretary shall submit to Congress a 
report that describes the Indian tribal requests received and 
agreements or contracts that have been entered into under this 
Act.

SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

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


                 ENERGY CONSERVATION AND PRODUCTION ACT




           *       *       *       *       *       *       *
  TITLE IV--ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE FOR 
EXISTING BUILDINGS

           *       *       *       *       *       *       *



Part A--Weatherization Assistance for Low-Income Persons

           *       *       *       *       *       *       *



                         weatherization program

  Sec. 413. (a) The Administrator shall develop and conduct, in 
accordance with the purpose and provisions of this part, a 
weatherization program. In developing and conducting such 
program, the Secretary may, in accordance with this part and 
regulations promulgated under this part, make grants (1) to 
States, and (2) in accordance with the provisions of subsection 
(d), to Indian tribal organizations to serve Native Americans. 
Such grants shall be made for the purpose of providing 
financial assistance with regard to projects designed to 
provide for the weatherization of dwelling units, particularly 
those where elderly or handicapped low-income persons reside, 
occupied by low-income families.
  (b)(1) The Secretary, after consultation with the Director, 
the Secretary of Housing and Urban Development, the Secretary 
of Health, Education, and Welfare, the Secretary of Labor, and 
the heads of such other Federal departments and agencies as the 
Secretary deems appropriate, shall develop and publish in the 
Federal Register for public comment, not later than 60 days 
after the date of enactment of this part, proposed regulations 
to carry out the provisions of this part. The Secretary shall 
take into consideration comments submitted regarding such 
proposed regulations and shall promulgate and publish final 
regulations for such purpose not later than 90 days after the 
date of such enactment. The development of regulations under 
this part shall be fully coordinated with the Director.
  (2) The regulations promulgated pursuant to this section 
shall include provisions--
          (A) prescribing, in coordination with the Secretary 
        of Housing and Urban Development, the Secretary of 
        Health, Education, and Welfare, and the Director of the 
        National Bureau of Standards in the Department of 
        Commerce, for use in various climatic, structural, and 
        human need settings, standards for weatherization 
        materials, energy conservation techniques, and balanced 
        combinations thereof, which are designed to achieve a 
        balance of a healthful dwelling environment and maximum 
        practicable energy conservation;
          (B) that provide guidance to the States in the 
        implementation of this part, including guidance 
        designed to ensure that a State establishes (i) 
        procedures that provide protection under paragraph (5) 
        to tenants paying for energy as a portion of their 
        rent, and (ii) a process for monitoring compliance with 
        its obligations pursuant to this part; and
          (C) that secure the Federal investment made under 
        this part and address the issues of eviction from and 
        sale of property receiving weatherization materials 
        under this part.
  (3) The Secretary, in coordination with the Secretaries and 
Director described in paragraph (2)(A) and with the Director of 
the Community Services Administration and the Secretary of 
Agriculture, shall develop and publish in the Federal Register 
for public comment, not later than 60 days after the date of 
enactment of this paragraph, proposed amendments to the 
regulations prescribed under paragraph (1). Such amendments 
shall provide that the standards described in paragraph (2)(A) 
shall include a set of procedures to be applied to each 
dwelling unit to determine the optimum set of cost-effective 
measures, within the cost guidelines set for the program, to be 
installed in such dwelling unit. Such standards shall, in order 
to achieve such optimum savings of energy, take into 
consideration the following factors--
          (A) the cost of the weatherization material;
          (B) variation in climate; and
          (C) the value of energy saved by the application of 
        the weatherization material.
Such standards shall be utilized by the Secretary in carrying 
out this part, the Secretary of Agriculture in carrying out the 
weatherization program under section 504(c) of the Housing Act 
of 1949, and the Director of the Community Services 
Administration in carrying out weatherization programs under 
section 222(a)(12) of the Economic Opportunity Act of 1964. The 
Secretary shall take into consideration comments submitted 
regarding such proposed amendment and shall promulgate and 
publish final amended regulations not later than 120 days after 
the date of enactment of this paragraph.
  (4) In carrying out paragraphs (2)(A) and (3), the Secretary 
shall establish the standards and procedures described in such 
paragraphs so that weatherization efforts being carried out 
under this part and under programs described in the fourth 
sentence of paragraph (3) will accomplish uniform results among 
the States in any area with a similar climatic condition.
  (5) In any case in which a dwelling consists of a rental unit 
or rental units, the State, in the implementation of this part, 
shall ensure that--
          (A) the benefits of weatherization assistance in 
        connection with such rental units, including units 
        where the tenants pay for their energy through their 
        rent, will accrue primarily to the low-income tenants 
        residing in such units;
          (B) for a reasonable period of time after 
        weatherization work has been completed on a dwelling 
        containing a unit occupied by an eligible household, 
        the tenants in that unit (including households paying 
        for their energy through their rent) will not be 
        subjected to rent increases unless those increases are 
        demonstrably related to matters other than the 
        weatherization work performed;
          (C) the enforcement of subparagraph (B) is provided 
        through procedures established by the State by which 
        tenants may file complaints and owners, in response to 
        such complaints, shall demonstrate that the rent 
        increase concerned is related to matters other than the 
        weatherization work performed; and
          (D) no undue or excessive enhancement will occur to 
        the value of such dwelling units.
  (6) As a condition of having assistance provided under this 
part with respect to multifamily buildings, a State may require 
financial participation from the owners of such buildings.
  (c) If a State does not, within 90 days after the date on 
which final regulations are promulgated under this section, 
submit an application to the Secretary which meets the 
requirements set forth in section 414, any unit of general 
purpose local government of sufficient size (as determined by 
the Secretary), or a community action agency carrying out 
programs under title II of the Economic Opportunity Act of 
1964, may, in lieu of such State, submit an application 
(meeting such requirements and subject to all other provisions 
of this part) for carrying out projects under this part within 
the geographical area which is subject to the jurisdiction of 
such government or is served by such agency. A State may, in 
accordance with regulations promulgated under this part, submit 
an amended application.
  (d)[(1) Notwithstanding any other provision of this part, in 
any State in which the Secretary determines (after having taken 
into account the amount of funds made available to the State to 
carry out the purposes of this part) that the low-income 
members of an Indian tribe are not receiving benefits under 
this part that are equivalent to the assistance provided to 
other low-income persons in such State under this part, and if 
he further determines that the members of such tribe would be 
better served by means of a grant made directly to provide such 
assistance, he shall reserve from sums that would otherwise be 
allocated to such State under this part not less than 100 
percent, nor more than 150 percent, of an amount which bears 
the same ratio to the State's allocation for the fiscal year 
involved as the population of all low-income Indians for whom a 
determination under this subsection has been made bears to the 
population of all low-income persons in such State.]
          (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) [The sums] Administration._The amounts  reserved by the 
Secretary [on the basis of his determination] under this 
subsection shall be granted to the tribal organization serving 
the [individuals for whom such a determination has been made] 
low-income members of the Indian tribe, or, where there is no 
tribal organization, to such other entity as [he] the Secretary 
determines has the capacity to provide services pursuant to 
this part.
  (3) [In order] Application._In order  for a tribal 
organization or other entity to be eligible for a grant for a 
fiscal year under this subsection, it shall submit to the 
Secretary an application meeting the requirements set forth in 
section 414.
  (e) Notwithstanding any other provision of law, the Secretary 
may transfer to the Director sums appropriated under this part 
to be utilized in order to carry out programs, under section 
222(a)(12) of the Economic Opportunity Act of 1964, which 
further the purpose of this part.

           *       *       *       *       *       *       *

                              ----------                              


                         ACT OF AUGUST 9, 1955


AN ACT To authorize the leasing of restricted Indian lands for public, 
religious, educational, recreational, residential, business, and other 
           purposes requiring the grant of long-term leases.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) any 
restricted Indian lands, whether tribally or individually 
owned, may be leased by the Indian owners, with the approval of 
the Secretary of the Interior, for public, religious, 
educational, recreational, residential, or business purposes, 
including the development or utilization of natural resources 
in connection with operations under such leases, for grazing 
purposes, and for those farming purposes which require the 
making of a substantial investment in the improvement of the 
land for the production of specialized crops as determined by 
said Secretary. All leases so granted shall be for a term of 
not to exceed twenty-five years, except leases of land located 
outside the boundaries of Indian reservations in the State of 
New Mexico, leases of land on the Agua Caliente (Palm Springs) 
Reservation, the Dania Reservation, the Pueblo of Santa Ana 
(with the exception of the lands known as the ``Santa Ana 
Pueblo Spanish Grant''), the reservation of the Confederated 
Tribes of the Warm Springs Reservation of Oregon, the Moapa 
Indian Reservation, the Swinomish Indian Reservation, the 
Southern Ute Reservation, the Fort Mojave Reservation, the 
Confederated Tribes of the Umatilla Indian Reservation, the 
Burns Paiute Reservation, the Kalispel Indian Reservation and 
land held in trust for the Kalispel Tribe of Indians, the 
Puyallup Tribe of Indians, the pueblo of Cochiti, Ohkay Owingeh 
pueblo, the pueblo of Pojoaque, the pueblo of Santa Clara, the 
pueblo of Tesuque, the pueblo of Zuni, the Hualapai 
Reservation, the Spokane Reservation, the San Carlos Apache 
Reservation, the Yavapai-Prescott Community Reservations, the 
Pyramid Lake Reservation, the Gila River Reservation, the 
Soboba Indian Reservation, the Viejas Indian Reservation, the 
Tulalip Indian Reservation, the Navajo Reservation, the Cabazon 
Indian Reservation, the Muckleshoot Indian Reservation and land 
held in trust for the Muckleshoot Indian Tribe, the Mille Lacs 
Reservation with respect to a lease between an entity 
established by the Mille Lacs Band of Chippewa Indians and the 
Minnesota Historical Society, leases of the lands comprising 
the Moses Allotment Numbered 8 and the Moses Allotment Numbered 
10, Chelan County, Washington, and lands held in trust for the 
Las Vegas Paiute Tribe of Indians, and lands held in trust for 
the Twenty-nine Palms Band of Luiseno Mission Indians, and 
lands held in trust for the Reno Sparks Indian Colony, lands 
held in trust for the Torres Martinez Desert Cahuilla Indians, 
lands held in trust for the Guidiville Band of Pomo Indians of 
the Guidiville Indian Rancheria, lands held in trust for the 
Confederated Tribes of the Umatilla Indian Reservation, lands 
held in trust for the Confederated Tribes of the Warm Springs 
Reservation of Oregon, land held in trust for the Coquille 
Indian Tribe, land held in trust for the Confederated Tribes of 
Siletz Indians, land held in trust for the Confederated Tribes 
of the Coos, Lower Umpqua, and Siuslaw Indians, land held in 
trust for the Klamath Tribes, and land held in trust for the 
Burns Paiute Tribe, and lands held in trust for the Cow Creek 
Band of Umpqua Tribe of Indians, land held in trust for the 
Prairie Band Potawatomi Nation, lands held in trust for the 
Cherokee Nation of Oklahoma, land held in trust for the Fallon 
Paiute Shoshone Tribes, land held in trust for the Yurok Tribe, 
land held in trust for the Hopland Band of Pomo Indians of the 
Hopland Rancheria, lands held in trust for the Yurok Tribe, 
lands held in trust for the Hopland Band of Pomo Indians of the 
Hopland Rancheria, lands held in trust for the Confederated 
Tribes of the Colville Reservation, lands held in trust for the 
Cahuilla Band of Indians of California, lands held in trust for 
the confederated Tribes of the Grand Ronde Community of Oregon, 
and the lands held in trust for the Confederated Salish and 
Kootenai Tribes of the Flathead Reservation, Montana, and 
leases to the Devils Lake Sioux Tribe, or any organization of 
such tribe, of land on the Devils Lake Sioux Reservation, land 
held in trust for the Crow Tribe of Montana, and which may be 
for a term of not to exceed ninety-nine years, and except 
leases of land held in trust for the Morongo Band of Mission 
Indians which may be for a term of not to exceed 50 years, and 
except leases of land for grazing purposes which may be for a 
term of not to exceed ten years. Leases for public, religious, 
educational, recreational, residential, or business purposes 
with the consent of both parties may include provisions 
authorizing their renewal for one additional term of not to 
exceed twenty-five years, and all leases and renewals shall be 
made under such terms and regulations as may be prescribed by 
the Secretary of the Interior. Prior to approval of any lease 
or extension of an existing lease pursuant to this section, the 
Secretary of the Interior shall first satisfy himself that 
adequate consideration has been given to the relationship 
between the use of the leased lands and the use of neighboring 
lands; the height, quality, and safety of any structures or 
other facilities to be constructed on such lands; the 
availability of police and fire protection and other services; 
the availability of judicial forums for all criminal and civil 
causes arising on the leased lands; and the effect on the 
environment of the uses to which the leased lands will be 
subject.
  (b) Any lease by the Tulalip Tribes, the Puyallup Tribe of 
Indians, the Swinomish Indian Tribal Community, or the Kalispel 
Tribe of Indians under subsection (a) of this section, except a 
lease for the exploitation of any natural resource, shall not 
require the approval of the Secretary of the Interior (1) if 
the term of the lease does not exceed fifteen years, with no 
option to renew, (2) if the term of the lease does not exceed 
thirty years, with no option to renew, and the lease is 
executed pursuant to tribal regulations previously approved by 
the Secretary of the Interior, or (3) if the term does not 
exceed seventy-five years (including options to renew), and the 
lease is executed under tribal regulations approved by the 
Secretary under this clause (3).
  (c) Leases Involving the Hopi Tribe and the Hopi Partitioned 
Lands Accommodation Agreement.--Notwithstanding subsection (a), 
a lease of land by the Hopi Tribe to Navajo Indians on the Hopi 
Partitioned Lands may be for a term of 75 years, and may be 
extended at the conclusion of the term of the lease.
  (d) Definitions.--For purposes of this section--
          (1) the term ``Hopi Partitioned Lands'' means lands 
        located in the Hopi Partitioned Area, as defined in 
        section 168.1(g) of title 25, Code of Federal 
        Regulations (as in effect on the date of enactment of 
        this subsection);
          (2) the term ``Navajo Indians'' means members of the 
        Navajo Tribe;
          (3) the term ``individually owned Navajo Indian 
        allotted land'' means a single parcel of land that--
                  (A) is located within the jurisdiction of the 
                Navajo Nation;
                  (B) is held in trust or restricted status by 
                the United States for the benefit of Navajo 
                Indians or members of another Indian tribe; and
                  (C) was--
                          (i) allotted to a Navajo Indian; or
                          (ii) taken into trust or restricted 
                        status by the United States for an 
                        individual Indian;
          (4) the term ``interested party'' means an Indian or 
        non-Indian individual or corporation, or tribal or non-
        tribal government whose interests could be adversely 
        affected by a tribal trust land leasing decision made 
        by an applicable Indian tribe;
          (5) the term ``Navajo Nation'' means the Navajo 
        Nation government that is in existence on the date of 
        enactment of this Act or its successor;
          (6) the term ``petition'' means a written request 
        submitted to the Secretary for the review of an action 
        (or inaction) of an Indian tribe that is claimed to be 
        in violation of the approved tribal leasing 
        regulations;
          (7) the term ``Secretary'' means the Secretary of the 
        Interior;
          (8) the term ``tribal regulations'' means regulations 
        enacted in accordance with applicable tribal law and 
        approved by the Secretary;
          (9) the term ``Indian tribe'' has the meaning given 
        such term in section 102 of the Federally Recognized 
        Indian Tribe List Act of 1994 (25 U.S.C. 479a); and
          (10) the term ``individually owned allotted land'' 
        means a parcel of land that--
                  (A)(i) is located within the jurisdiction of 
                an Indian tribe; or
                  (ii) is held in trust or restricted status by 
                the United States for the benefit of an Indian 
                tribe or a member of an Indian tribe; and
                  (B) is allotted to a member of an Indian 
                tribe.
  (e)(1) Any leases by the Navajo Nation for purposes 
authorized under subsection (a), and any amendments thereto[, 
except a lease for], including a lease for the exploration, 
development, or extraction of any mineral resources, shall not 
require the approval of the Secretary if the lease is executed 
under the tribal regulations approved by the Secretary under 
this subsection and the term of the lease does not exceed--
          [(A) in the case of a business or agricultural lease, 
        25 years, except that any such lease may include an 
        option to renew for up to two additional terms, each of 
        which may not exceed 25 years; and]
          (A) in the case of a business or agricultural lease, 
        99 years;
          (B) in the case of a lease for public, religious, 
        educational, recreational, or residential purposes, 75 
        years if such a term is provided for by the Navajo 
        Nation through the promulgation of regulations[.]; and
          (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.
  (2) Paragraph (1) shall not apply to individually owned 
Navajo Indian allotted land.
  (3) The Secretary shall have the authority to approve or 
disapprove tribal regulations referred to under paragraph (1). 
The Secretary shall approve such tribal regulations if such 
regulations are consistent with the regulations of the 
Secretary under subsection (a), and any amendments thereto, and 
provide for an environmental review process. The Secretary 
shall review and approve or disapprove the regulations of the 
Navajo Nation within 120 days of the submission of such 
regulations to the Secretary. Any disapproval of such 
regulations by the Secretary shall be accompanied by written 
documentation that sets forth the basis for the disapproval. 
Such 120-day period may be extended by the Secretary after 
consultation with the Navajo Nation.
  (4) If the Navajo Nation has executed a lease pursuant to 
tribal regulations under paragraph (1), the Navajo Nation shall 
provide the Secretary with--
          (A) a copy of the lease and all amendments and 
        renewals thereto; and
          (B) in the case of regulations or a lease that 
        permits payment to be made directly to the Navajo 
        Nation, documentation of the lease payments sufficient 
        to enable the Secretary to discharge the trust 
        responsibility of the United States under paragraph 
        (5).
  (5) The United States shall not be liable for losses 
sustained by any party to a lease executed pursuant to tribal 
regulations under paragraph (1), including the Navajo Nation. 
Nothing in this paragraph shall be construed to diminish the 
authority of the Secretary to take appropriate actions, 
including the cancellation of a lease, in furtherance of the 
trust obligation of the United States to the Navajo Nation.
  (6)(A) An interested party may, after exhaustion of tribal 
remedies, submit, in a timely manner, a petition to the 
Secretary to review the compliance of the Navajo Nation with 
any regulations approved under this subsection. If upon such 
review the Secretary determines that the regulations were 
violated, the Secretary may take such action as may be 
necessary to remedy the violation, including rescinding the 
approval of the tribal regulations and reassuming 
responsibility for the approval of leases for Navajo Nation 
tribal trust lands.
  (B) If the Secretary seeks to remedy a violation described in 
subparagraph (A), the Secretary shall--
          (i) make a written determination with respect to the 
        regulations that have been violated;
          (ii) provide the Navajo Nation with a written notice 
        of the alleged violation together with such written 
        determination; and
          (iii) prior to the exercise of any remedy or the 
        rescission of the approval of the regulation involved 
        and the reassumption of the lease approval 
        responsibility, provide the Navajo Nation with a 
        hearing on the record and a reasonable opportunity to 
        cure the alleged violation.
  (f) Any contract, including a lease or construction contract, 
affecting land within the Gila River Indian Community 
Reservation may contain a provision for the binding arbitration 
of disputes arising out of such contract. Such contracts shall 
be considered within the meaning of ``commerce'' as defined and 
subject to the provisions of section 1 of title 9, United 
States Code. Any refusal to submit to arbitration pursuant to a 
binding agreement for arbitration or the exercise of any right 
conferred by title 9 to abide by the outcome of arbitration 
pursuant to the provisions of chapter 1 of title 9, sections 1 
through 14, United States Code, shall be deemed to be a civil 
action arising under the Constitution, laws or treaties of the 
United States within the meaning of section 1331 of title 28, 
United States Code.
  (g) Lease of Tribally-Owned Land by Assiniboine and Sioux 
Tribes of the Fort Peck Reservation.--
          (1) In general.--Notwithstanding subsection (a) and 
        any regulations under part 162 of title 25, Code of 
        Federal Regulations (or any successor regulation), 
        subject to paragraph (2), the Assiniboine and Sioux 
        Tribes of the Fort Peck Reservation may lease to the 
        Northern Border Pipeline Company tribally-owned land on 
        the Fort Peck Indian Reservation for 1 or more 
        interstate gas pipelines.
          (2) Conditions.--A lease entered into under paragraph 
        (1)--
                  (A) shall commence during fiscal year 2011 
                for an initial term of 25 years;
                  (B) may be renewed for an additional term of 
                25 years; and
                  (C) shall specify in the terms of the lease 
                an annual rental rate--
                          (i) which rate shall be increased by 
                        3 percent per year on a cumulative 
                        basis for each 5-year period; and
                          (ii) the adjustment of which in 
                        accordance with clause (i) shall be 
                        considered to satisfy any review 
                        requirement under part 162 of title 25, 
                        Code of Federal Regulations (or any 
                        successor regulation).
  (h) Tribal Approval of Leases.--
          (1) In general.--At the discretion of any Indian 
        tribe, any lease by the Indian tribe for the purposes 
        authorized under subsection (a) (including any 
        amendments to subsection (a)), except a lease for the 
        exploration, development, or extraction of any mineral 
        resources, shall not require the approval of the 
        Secretary, if the lease is executed under the tribal 
        regulations approved by the Secretary under this 
        subsection and the term of the lease does not exceed--
                  (A) in the case of a business or agricultural 
                lease, 25 years, except that any such lease may 
                include an option to renew for up to 2 
                additional terms, each of which may not exceed 
                25 years; and
                  (B) in the case of a lease for public, 
                religious, educational, recreational, or 
                residential purposes, 75 years, if such a term 
                is provided for by the regulations issued by 
                the Indian tribe.
          (2) Allotted land.--Paragraph (1) shall not apply to 
        any lease of individually owned Indian allotted land.
          (3) Authority of secretary over tribal regulations.--
                  (A) In general.--The Secretary shall have the 
                authority to approve or disapprove any tribal 
                regulations issued in accordance with paragraph 
                (1).
                  (B) Considerations for approval.--The 
                Secretary shall approve any tribal regulation 
                issued in accordance with paragraph (1), if the 
                tribal regulations--
                          (i) are consistent with any 
                        regulations issued by the Secretary 
                        under subsection (a) (including any 
                        amendments to the subsection or 
                        regulations); and
                          (ii) provide for an environmental 
                        review process that includes--
                                  (I) the identification and 
                                evaluation of any significant 
                                effects of the proposed action 
                                on the environment; and
                                  (II) a process for ensuring 
                                that--
                                          (aa) the public is 
                                        informed of, and has a 
                                        reasonable opportunity 
                                        to comment on, any 
                                        significant 
                                        environmental impacts 
                                        of the proposed action 
                                        identified by the 
                                        Indian tribe; and
                                          (bb) the Indian tribe 
                                        provides responses to 
                                        relevant and 
                                        substantive public 
                                        comments on any such 
                                        impacts before the 
                                        Indian tribe approves 
                                        the lease.
                  (C) Technical assistance.--The Secretary may 
                provide technical assistance, upon request of 
                the Indian tribe, for development of a 
                regulatory environmental review process under 
                subparagraph (B)(ii).
                  (D) Indian self-determination act.--The 
                technical assistance to be provided by the 
                Secretary pursuant to subparagraph (C) may be 
                made available through contracts, grants, or 
                agreements entered into in accordance with, and 
                made available to entities eligible for, such 
                contracts, grants, or agreements under the 
                Indian Self-Determination Act (25 U.S.C. 450 et 
                seq.).
          (4) Review process.--
                  (A) In general.--Not later than 120 days 
                after the date on which the tribal regulations 
                described in paragraph (1) are submitted to the 
                Secretary, the Secretary shall review and 
                approve or disapprove the regulations.
                  (B) Written documentation.--If the Secretary 
                disapproves the tribal regulations described in 
                paragraph (1), the Secretary shall include 
                written documentation with the disapproval 
                notification that describes the basis for the 
                disapproval.
                  (C) Extension.--The deadline described in 
                subparagraph (A) may be extended by the 
                Secretary, after consultation with the Indian 
                tribe.
          (5) Federal environmental review.--Notwithstanding 
        paragraphs (3) and (4), if an Indian tribe carries out 
        a project or activity funded by a Federal agency, the 
        Indian tribe shall have the authority to rely on the 
        environmental review process of the applicable Federal 
        agency rather than any tribal environmental review 
        process under this subsection.
          (6) Documentation.--If an Indian tribe executes a 
        lease pursuant to tribal regulations under paragraph 
        (1), the Indian tribe shall provide the Secretary 
        with--
                  (A) a copy of the lease, including any 
                amendments or renewals to the lease; and
                  (B) in the case of tribal regulations or a 
                lease that allows for lease payments to be made 
                directly to the Indian tribe, documentation of 
                the lease payments that are sufficient to 
                enable the Secretary to discharge the trust 
                responsibility of the United States under 
                paragraph (7).
          (7) Trust responsibility.--
                  (A) In general.--The United States shall not 
                be liable for losses sustained by any party to 
                a lease executed pursuant to tribal regulations 
                under paragraph (1).
                  (B) Authority of secretary.--Pursuant to the 
                authority of the Secretary to fulfill the trust 
                obligation of the United States to the 
                applicable Indian tribe under Federal law 
                (including regulations), the Secretary may, 
                upon reasonable notice from the applicable 
                Indian tribe and at the discretion of the 
                Secretary, enforce the provisions of, or 
                cancel, any lease executed by the Indian tribe 
                under paragraph (1).
          (8) Compliance.--
                  (A) In general.--An interested party, after 
                exhausting of any applicable tribal remedies, 
                may submit a petition to the Secretary, at such 
                time and in such form as the Secretary 
                determines to be appropriate, to review the 
                compliance of the applicable Indian tribe with 
                any tribal regulations approved by the 
                Secretary under this subsection.
                  (B) Violations.--If, after carrying out a 
                review under subparagraph (A), the Secretary 
                determines that the tribal regulations were 
                violated, the Secretary may take any action the 
                Secretary determines to be necessary to remedy 
                the violation, including rescinding the 
                approval of the tribal regulations and 
                reassuming responsibility for the approval of 
                leases of tribal trust lands.
                  (C) Documentation.--If the Secretary 
                determines that a violation of the tribal 
                regulations has occurred and a remedy is 
                necessary, the Secretary shall--
                          (i) make a written determination with 
                        respect to the regulations that have 
                        been violated;
                          (ii) provide the applicable Indian 
                        tribe with a written notice of the 
                        alleged violation together with such 
                        written determination; and
                          (iii) prior to the exercise of any 
                        remedy, the rescission of the approval 
                        of the regulation involved, or the 
                        reassumption of lease approval 
                        responsibilities, provide the 
                        applicable Indian tribe with--
                                  (I) a hearing that is on the 
                                record; and
                                  (II) a reasonable opportunity 
                                to cure the alleged violation.
          (9) Savings clause.--Nothing in this subsection shall 
        affect subsection (e) or any tribal regulations issued 
        under that subsection.

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