Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 - Amends laws governing the ability of Indian tribes to develop energy resources located on tribal lands
Title I: Indian Tribal Energy Development and Self-Determination Act Amendments - (Sec. 101) Amends the Energy Policy Act of 1992 to require the Department of the Interior to: (1) consult with an Indian tribe before adopting or approving a well spacing program that affects its energy resources, (2) provide tribes with technical assistance in planning their energy resource development programs, and (3) work with the Office of Indian Energy Policy and Programs of the Department of Energy (DOE) in establishing the Indian energy resource development program.
Makes intertribal organizations eligible for DOE Indian Energy Education Planning and Management Assistance Program grants to manage energy development and efficiency programs. Makes tribal energy development organizations eligible for DOE energy development loan guarantees.
(Sec. 102) Requires Interior to make scientific and technical information and expertise available to tribal energy development organizations (in addition to Indian tribes) when issuing energy resource development grants.
(Sec. 103) Amends provisions relating to tribal energy resource agreements. States that leases or business agreements entered into by tribes for energy resource development may include construction or operation of facilities that: (1) produce electricity from renewable resources located on tribal land, or (2) process or refine energy resources if a portion has been developed on or produced from tribal land.
Allows leases and business agreements that pool, unitize, or communitize a tribe's energy resources with energy resources of other parties.
Provides that a lease or business agreement between the Indian tribe and a tribal energy development organization, that is majority owned and controlled by the Indian tribe does not require review and approval by Interior if the lease or business agreement was executed in accordance with specified procedures and does not exceed 30 years or 10 years for an oil and gas lease if oil and gas is produced in paying quantities.
Provides that rights-of-way granted by Indian tribes: (1) may include facilities that produce electricity from renewable resources, and (2) do not require review or approval by Interior if specified conditions are met.
Alters the process and conditions for Interior's approval of tribal energy resource agreements. Requires Interior to disapprove the agreement only if: (1) the tribe has failed to demonstrate capacity, (2) the agreement would violate federal law or a treaty of the Indian tribe, or (3) the agreement fails to include provisions required by law, such as establishing an environmental review process or allowing for periodic reviews by Interior.
Revises the process for determining tribal capacity for an agreement. Requires Interior to determine whether the tribe has sufficient capacity to regulate the development of one or more of the specific energy resources identified for development under the agreement. Requires Interior to consider Indian tribes to have demonstrated capacity if: (1) the tribe has successfully carried out a contract or compact under the Indian Self-Determination and Education Assistance Act for three consecutive years involving the management of the environment, tribal land, realty, or natural resources; (2) the tribe has carried out approval of surface leases under the Long-Term Leasing Act without a finding of a compliance violation; or (3) Interior fails to make a determination within the required time period.
States that a tribe may determine any mitigation measures required for an agreement and permits a tribe to identify categorical exclusions from the environmental review process.
Revises the process for interested parties to challenge a tribe's compliance with an agreement. Requires the party to demonstrate with substantial evidence that the party would sustain an adverse environmental impact due to a tribe's noncompliance with an agreement.
Authorizes a tribe to amend an agreement to assume authority over another energy resource and requires Interior to promulgate regulations implementing the process and requirements for the amendment.
Requires Interior to provide funding to tribes in an amount equal to savings the United States will realize as a result of the tribe carrying out the agreement.
Sets forth certification requirements for tribal energy development organizations.
(Sec. 104) Directs DOE to collaborate with the Directors of the National Laboratories in making the full array of DOE technical and scientific resources available for tribal energy activities and projects.
(Sec. 106) Amends the Energy Policy and Conservation Act to direct DOE to award competitive grants to assist Indian tribes in implementing strategies to: (1) develop alternative and renewable energy resources and, (2) increase energy efficiency.
Gives priority to projects that: (1) increase energy efficiency and conservation, rather than generate new energy; (2) integrate cost-effective renewable energy with energy efficiency; (3) are ready for implementation; (4) clearly articulate and demonstrate the ability to achieve measurable goals; (5) have the potential to make an impact in the government buildings, infrastructure, communities, and land of a tribe; and (6) maximize the creation or retention of jobs on Indian land.
Title II: Miscellaneous Amendments - (Sec. 201) Amends the Federal Power Act to provide Indian tribes with the preferences that states and municipalities currently receive when preliminary permits or original licenses are issued for hydroelectric projects.
(Sec. 202) Amends the Tribal Forest Protection Act of 2004 to establish a biomass demonstration project for federally recognized Indian tribes and Alaska Native corporations to promote biomass energy production. Specifies procedures and requirements for the projects.
(Sec. 203) Amends the Energy Conservation and Production Act to provide weatherization grants directly to Indian tribes.
(Sec. 204) Amends the Energy Policy Act of 1992 to allow Interior, an affected Indian tribe, or a certified third-party appraiser to appraise Indian mineral or energy resources involved in a transaction requiring Interior's approval. Requires Interior to review and accept or reject the appraisal within 45 days.
(Sec. 205) Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into a lease for the exploration, development, or extraction of any mineral resources without the approval of Interior, if the lease is executed under tribal regulations approved by Interior and meets specified term limits.
Authorizes the Navajo Nation to enter into commercial or agricultural leases of up to 99 years on their restricted lands without Interior's approval if the leases are executed under tribal regulations approved by Interior. (Currently, the leases may not exceed 25 years but may include an option to renew for up to 2 additional terms, neither of which may exceed 25 years.)
(Sec. 206) Allows the Crow Tribe of Montana to enter into leases on its restricted land for a term of up to 99 years.
(Sec. 207) Requires Interior, at the request of an Indian tribe or individual Indian, to hold in trust any advance payments, bid deposits, or other earnest money received in connection with the review and approval of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2132 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2132
To amend the Indian Tribal Energy Development and Self-Determination
Act of 2005, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 13, 2014
Mr. Barrasso (for himself, Mr. Hoeven, Mr. McCain, Mr. Thune, and Mr.
Enzi) introduced the following bill; which was read twice and referred
to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Indian Tribal Energy Development and Self-Determination
Act of 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Energy Development and
Self-Determination Act Amendments of 2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT
AMENDMENTS
Sec. 101. Indian tribal energy resource development.
Sec. 102. Indian tribal energy resource regulation.
Sec. 103. Tribal energy resource agreements.
Sec. 104. Technical assistance for Indian tribal governments.
Sec. 105. Conforming amendments.
TITLE II--MISCELLANEOUS AMENDMENTS
Sec. 201. Issuance of preliminary permits or licenses.
Sec. 202. Tribal biomass demonstration project.
Sec. 203. Weatherization program.
Sec. 204. Appraisals.
Sec. 205. Leases of restricted lands for Navajo Nation.
TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT
AMENDMENTS
SEC. 101. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.
(a) In General.--Section 2602(a) of the Energy Policy Act of 1992
(25 U.S.C. 3502(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) consult with each applicable Indian tribe
before adopting or approving a well spacing program or
plan applicable to the energy resources of that Indian
tribe or the members of that Indian tribe.''; and
(2) by adding at the end the following:
``(4) Planning.--
``(A) In general.--In carrying out the program
established by paragraph (1), the Secretary shall
provide technical assistance to interested Indian
tribes to develop energy plans, including--
``(i) plans for electrification;
``(ii) plans for oil and gas permitting,
renewable energy permitting, energy efficiency,
electricity generation, transmission planning,
water planning, and other planning relating to
energy issues;
``(iii) plans for the development of energy
resources and to ensure the protection of
natural, historic, and cultural resources; and
``(iv) any other plans that would assist an
Indian tribe in the development or use of
energy resources.
``(B) Cooperation.--In establishing the program
under paragraph (1), the Secretary shall work in
cooperation with the Office of Indian Energy Policy and
Programs of the Department of Energy.''.
(b) Department of Energy Indian Energy Education Planning and
Management Assistance Program.--Section 2602(b)(2) of the Energy Policy
Act of 1992 (25 U.S.C. 3502(b)(2)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, intertribal organization,'' after ``Indian tribe'';
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(3) by inserting after subparagraph (B) the following:
``(C) activities to increase the capacity of Indian
tribes to manage energy development and energy
efficiency programs;''.
(c) Department of Energy Loan Guarantee Program.--Section 2602(c)
of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is amended--
(1) in paragraph (1), by inserting ``or a tribal energy
development organization'' after ``Indian tribe'';
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``guarantee'' and inserting ``guaranteed'';
(B) in subparagraph (A), by striking ``or'';
(C) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(D) by adding at the end the following:
``(C) a tribal energy development organization,
from funds of the tribal energy development
organization.''; and
(3) in paragraph (5), by striking ``The Secretary of Energy
may'' and inserting ``Not later than 1 year after the date of
enactment of the Indian Tribal Energy Development and Self-
Determination Act Amendments of 2014, the Secretary of Energy
shall''.
SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULATION.
Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C.
3503(c)) is amended--
(1) in paragraph (1), by striking ``on the request of an
Indian tribe, the Indian tribe'' and inserting ``on the request
of an Indian tribe or a tribal energy development organization,
the Indian tribe or tribal energy development organization'';
and
(2) in paragraph (2)(B), by inserting ``or tribal energy
development organization'' after ``Indian tribe''.
SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS.
(a) Amendment.--Section 2604 of the Energy Policy Act of 1992 (25
U.S.C. 3504) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``or''
after the semicolon at the end;
(ii) in subparagraph (B)--
(I) by striking clause (i) and
inserting the following:
``(i) an electric production, generation,
transmission, or distribution facility
(including a facility that produces electricity
from renewable energy resources) located on
tribal land; or''; and
(II) in clause (ii)--
(aa) by inserting ``, at
least a portion of which have
been'' after ``energy
resources'';
(bb) by inserting ``or
produced from'' after
``developed on''; and
(cc) by striking ``and''
after the semicolon at the end
and inserting ``or''; and
(iii) by adding at the end the following:
``(C) pooling, unitization, or communitization of
the energy mineral resources of the Indian tribe
located on tribal land with any other energy mineral
resource (including energy mineral resources owned by
the Indian tribe or an individual Indian in fee, trust,
or restricted status or by any other persons or
entities) if the owner of the resources has consented
or consents to the pooling, unitization, or
communitization of the other resources under any lease
or agreement; and''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) a lease or business agreement described in paragraph
(1) shall not require review by, or the approval of, the
Secretary under section 2103 of the Revised Statutes (25 U.S.C.
81), or any other provision of law, if the lease or business
agreement--
``(A) was executed--
``(i) in accordance with the requirements
of a tribal energy resource agreement in effect
under subsection (e) (including the periodic
review and evaluation of the activities of the
Indian tribe under the agreement, to be
conducted pursuant to subparagraphs (D) and (E)
of subsection (e)(2)); or
``(ii) by the Indian tribe and a tribal
energy development organization--
``(I) for which the Indian tribe
has obtained certification pursuant to
subsection (h); and
``(II) the majority of the interest
in which is, and continues to be
throughout the full term or renewal
term (if any) of the lease or business
agreement, owned and controlled by the
Indian tribe (or the Indian tribe and 1
or more other Indian tribes); and
``(B) has a term that does not exceed--
``(i) 30 years; or
``(ii) in the case of a lease for the
production of oil resources, gas resources, or
both, 10 years and as long thereafter as oil or
gas is produced in paying quantities.'';
(2) by striking subsection (b) and inserting the following:
``(b) Rights-of-Way.--An Indian tribe may grant a right-of-way over
tribal land without review or approval by the Secretary if the right-
of-way--
``(1) serves--
``(A) an electric production, generation,
transmission, or distribution facility (including a
facility that produces electricity from renewable
energy resources) located on tribal land;
``(B) a facility located on tribal land that
extracts, produces, processes, or refines energy
resources; or
``(C) the purposes, or facilitates in carrying out
the purposes, of any lease or agreement entered into
for energy resource development on tribal land; and
``(2) was executed--
``(A) in accordance with the requirements of a
tribal energy resource agreement in effect under
subsection (e) (including the periodic review and
evaluation of the activities of the Indian tribe under
the agreement, to be conducted pursuant to
subparagraphs (D) and (E) of subsection (e)(2)); or
``(B) by the Indian tribe and a tribal energy
development organization--
``(i) for which the Indian tribe has
obtained certification pursuant to subsection
(h); and
``(ii) the majority of the interest in
which is, and continues to be throughout the
full term or renewal term (if any) of the
right-of-way, owned and controlled by the
Indian tribe (or the Indian tribe and 1 or more
other Indian tribes); and
``(3) has a term that does not exceed 30 years.'';
(3) by striking subsection (d) and inserting the following:
``(d) Validity.--No lease or business agreement entered into, or
right-of-way granted, pursuant to this section shall be valid unless
the lease, business agreement, or right-of-way is authorized by
subsection (a) or (b).'';
(4) in subsection (e)--
(A) in paragraph (2)--
(i) by striking ``(2)(A)'' and all that
follows through the end of subparagraph (A) and
inserting the following:
``(2) Procedure.--
``(A) Effective date.--
``(i) In general.--On the date that is 271
days after the date on which the Secretary
receives a tribal energy resource agreement
from an Indian tribe under paragraph (1), the
tribal energy resource agreement shall take
effect, unless the Secretary disapproves the
tribal energy resource agreement under
subparagraph (B).
``(ii) Revised tribal energy resource
agreement.--On the date that is 91 days after
the date on which the Secretary receives a
revised tribal energy resource agreement from
an Indian tribe under paragraph (4)(B), the
revised tribal energy resource agreement shall
take effect, unless the Secretary disapproves
the revised tribal energy resource agreement
under subparagraph (B).'';
(ii) in subparagraph (B)--
(I) by striking ``(B)'' and all
that follows through ``if--'' and
inserting the following:
``(B) Disapproval.--The Secretary shall disapprove
a tribal energy resource agreement submitted pursuant
to paragraph (1) or (4)(B) only if--'';
(II) by striking clause (i) and
inserting the following:
``(i) the Secretary determines that the
Indian tribe has not demonstrated that the
Indian tribe has sufficient capacity to
regulate the development of the specific 1 or
more energy resources identified for
development under the tribal energy resource
agreement submitted by the Indian tribe;'';
(III) by redesignating clause (iii)
as clause (iv) and indenting
appropriately;
(IV) by striking clause (ii) and
inserting the following:
``(ii) a provision of the tribal energy
resource agreement would violate applicable
Federal law (including regulations) or a treaty
applicable to the Indian tribe;
``(iii) the tribal energy resource
agreement does not include 1 or more provisions
required under subparagraph (D); or''; and
(V) in clause (iv) (as redesignated
by subclause (III))--
(aa) in the matter
preceding subclause (I), by
striking ``includes'' and all
that follows through
``section--'' and inserting
``does not include provisions
that, with respect to any
lease, business agreement, or
right-of-way to which the
tribal energy resource
agreement applies--''; and
(bb) in subclause
(XVI)(bb), by striking ``or
tribal'';
(iii) in subparagraph (C)--
(I) in the matter preceding clause
(i), by inserting ``the approval of''
after ``with respect to'';
(II) by striking clause (ii) and
inserting the following:
``(ii) the identification of mitigation
measures, if any, that, in the discretion of
the Indian tribe, the Indian tribe might
propose for incorporation into the lease,
business agreement, or right-of-way;'';
(III) in clause (iii)(I), by
striking ``proposed action'' and
inserting ``approval of the lease,
business agreement, or right-of-way'';
(IV) in clause (iv), by striking
``and'' at the end;
(V) in clause (v), by striking the
period at the end and inserting ``;
and''; and
(VI) by adding at the end the
following:
``(vi) the identification of specific
classes or categories of actions, if any,
determined by the Indian tribe not to have
significant environmental effects.'';
(iv) in subparagraph (D)(ii), by striking
``subparagraph (B)(iii)(XVI)'' and inserting
``subparagraph (B)(iv)(XV)''; and
(v) by adding at the end the following:
``(F) A tribal energy resource agreement that takes
effect pursuant to this subsection shall remain in
effect to the extent any provision of the tribal energy
resource agreement is consistent with applicable
Federal law (including regulations), unless the tribal
energy resource agreement is--
``(i) rescinded by the Secretary pursuant
to paragraph (7)(D)(iii)(II); or
``(ii) voluntarily rescinded by the Indian
tribe pursuant to the regulations promulgated
under paragraph (8)(B) (or successor
regulations).
``(G)(i) The Secretary shall make a capacity
determination under subparagraph (B)(i) not later than
120 days after the date on which the Indian tribe
submits to the Secretary the tribal energy resource
agreement of the Indian tribe pursuant to paragraph
(1), unless the Secretary and the Indian tribe mutually
agree to an extension of the time period for making the
determination.
``(ii) Any determination that the Indian tribe
lacks the requisite capacity shall be treated as a
disapproval under paragraph (4) and, not later than 10
days after the date of the determination, the Secretary
shall provide to the Indian tribe--
``(I) a detailed, written explanation of
each reason for the determination; and
``(II) a description of the steps that the
Indian tribe should take to demonstrate
sufficient capacity.
``(H) Notwithstanding any other provision of this
section, an Indian tribe shall be considered to have
demonstrated sufficient capacity under subparagraph
(B)(i) to regulate the development of the specific 1 or
more energy resources of the Indian tribe identified
for development under the tribal energy resource
agreement submitted by the Indian tribe pursuant to
paragraph (1) if--
``(i) the Secretary determines that--
``(I) the Indian tribe has carried
out a contract or compact under title I
or IV of the Indian Self-Determination
and Education Assistance Act (25 U.S.C.
450 et seq.); and
``(II) for a period of not less
than 3 consecutive years ending on the
date on which the Indian tribe submits
the tribal energy resource agreement of
the Indian tribe pursuant to paragraph
(1) or (4)(B), the contract or
compact--
``(aa) has been carried out
by the Indian tribe without
material audit exceptions (or
without any material audit
exceptions that were not
corrected within the 3-year
period); and
``(bb) has included
programs or activities relating
to the management of tribal
land; or
``(ii) the Secretary fails to make the
determination within the time allowed under
subparagraph (G)(i) (including any extension of
time agreed to under that subparagraph).'';
(B) in paragraph (4), by striking ``date of
disapproval'' and all that follows through the end of
subparagraph (C) and inserting the following: ``date of
disapproval, provide the Indian tribe with--
``(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.'';
(C) in paragraph (6)--
(i) in subparagraph (B)--
(I) by striking ``(B) Subject to''
and inserting the following:
``(B) Subject only to''; and
(II) by striking ``subparagraph
(D)'' and inserting ``subparagraphs (C)
and (D)'';
(ii) in subparagraph (C), in the matter
preceding clause (i), by inserting ``to perform
the obligations of the Secretary under this
section and'' before ``to ensure''; and
(iii) in subparagraph (D), by adding at the
end the following:
``(iii) Nothing in this section absolves,
limits, or otherwise affects the liability, if
any, of the United States for any--
``(I) term of any lease, business
agreement, or right-of-way under this
section that is not a negotiated term;
or
``(II) losses that are not the
result of a negotiated term, including
losses resulting from the failure of
the Secretary to perform an obligation
of the Secretary under this section.'';
and
(D) in paragraph (7)--
(i) in subparagraph (A), by striking ``has
demonstrated'' and inserting ``the Secretary
determines has demonstrated with substantial
evidence'';
(ii) in subparagraph (B), by striking ``any
tribal remedy'' and inserting ``all remedies
(if any) provided under the laws of the Indian
tribe'';
(iii) in subparagraph (D)--
(I) in clause (i), by striking
``determine'' and all that follows
through the end of the clause and
inserting the following: ``determine--
``(I) whether the petitioner is an
interested party; and
``(II) if the petitioner is an
interested party, whether the Indian
tribe is not in compliance with the
tribal energy resource agreement as
alleged in the petition.'';
(II) in clause (ii), by striking
``determination'' and inserting
``determinations''; and
(III) in clause (iii), in the
matter preceding subclause (I) by
striking ``agreement'' the first place
it appears and all that follows through
``, including'' and inserting
``agreement pursuant to clause (i), the
Secretary shall only take such action
as the Secretary determines necessary
to address the claims of noncompliance
made in the petition, including'';
(iv) in subparagraph (E)(i), by striking
``the manner in which'' and inserting ``, with
respect to each claim made in the petition,
how''; and
(v) by adding at the end the following:
``(G) Notwithstanding any other provision of this
paragraph, the Secretary shall dismiss any petition
from an interested party that has agreed with the
Indian tribe to a resolution of the claims presented in
the petition of that party.'';
(5) by redesignating subsection (g) as subsection (j); and
(6) by inserting after subsection (f) the following:
``(g) Financial Assistance in Lieu of Activities by the
Secretary.--
``(1) In general.--Any amounts that the Secretary would
otherwise expend to operate or carry out any program, function,
service, or activity (or any portion of a program, function,
service, or activity) of the Department that, as a result of an
Indian tribe carrying out activities under a tribal energy
resource agreement, the Secretary does not expend, the
Secretary shall, at the request of the Indian tribe, make
available to the Indian tribe in accordance with this
subsection.
``(2) Annual funding agreements.--The Secretary shall make
the amounts described in paragraph (1) available to an Indian
tribe through an annual written funding agreement that is
negotiated and entered into with the Indian tribe that is
separate from the tribal energy resource agreement.
``(3) Effect of appropriations.--Notwithstanding paragraph
(1)--
``(A) the provision of amounts to an Indian tribe
under this subsection is subject to the availability of
appropriations; and
``(B) the Secretary shall not be required to reduce
amounts for programs, functions, services, or
activities that serve any other Indian tribe to make
amounts available to an Indian tribe under this
subsection.
``(4) Determination.--
``(A) In general.--The Secretary shall calculate
the amounts under paragraph (1) in accordance with the
regulations adopted under section 103(b) of the Indian
Tribal Energy Development and Self-Determination Act
Amendments of 2014.
``(B) Applicability.--The effective date or
implementation of a tribal energy resource agreement
under this section shall not be delayed or otherwise
affected by--
``(i) a delay in the promulgation of
regulations under section 103(b) of the Indian
Tribal Energy Development and Self-
Determination Act Amendments of 2014;
``(ii) the period of time needed by the
Secretary to make the calculation required
under paragraph (1); or
``(iii) the adoption of a funding agreement
under paragraph (2).
``(h) Certification of Tribal Energy Development Organization.--
``(1) In general.--Not later than 90 days after the date on
which an Indian tribe submits an application for certification
of a tribal energy development organization in accordance with
regulations promulgated under section 103(b) of the Indian
Tribal Energy Development and Self-Determination Act Amendments
of 2014, the Secretary shall approve or disapprove the
application.
``(2) Requirements.--The Secretary shall approve an
application for certification if--
``(A)(i) the Indian tribe has carried out a
contract or compact under title I or IV of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.); and
``(ii) for a period of not less than 3 consecutive
years ending on the date on which the Indian tribe
submits the application, the contract or compact--
``(I) has been carried out by the Indian
tribe without material audit exceptions (or
without any material audit exceptions that were
not corrected within the 3-year period); and
``(II) has included programs or activities
relating to the management of tribal land; and
``(B)(i) the tribal energy development organization
is organized under the laws of the Indian tribe and
subject to the jurisdiction and authority of the Indian
tribe;
``(ii) the majority of the interest in the tribal
energy development organization is owned and controlled
by the Indian tribe (or the Indian tribe and 1 or more
other Indian tribes); and
``(iii) the organizing document of the tribal
energy development organization requires that the
Indian tribe (or the Indian tribe and 1 or more other
Indian tribes) own and control at all times a majority
of the interest in the tribal energy development
organization.
``(3) Action by secretary.--If the Secretary approves an
application for certification pursuant to paragraph (2), the
Secretary shall, not more than 10 days after making the
determination--
``(A) issue a certification stating that--
``(i) the tribal energy development
organization is organized under the laws of the
Indian tribe and subject to the jurisdiction
and authority of the Indian tribe;
``(ii) the majority of the interest in the
tribal energy development organization is owned
and controlled by the Indian tribe (or the
Indian tribe and 1 or more other Indian
tribes);
``(iii) the organizing document of the
tribal energy development organization requires
that the Indian tribe (or the Indian tribe and
1 or more other Indian tribes) own and control
at all times a majority of the interest in the
tribal energy development organization; and
``(iv) the certification is issued pursuant
this subsection;
``(B) deliver a copy of the certification to the
Indian tribe; and
``(C) publish the certification in the Federal
Register.
``(i) Sovereign Immunity.--Nothing in this section waives the
sovereign immunity of an Indian tribe.''.
(b) Regulations.--Not later than 1 year after the date of enactment
of the Indian Tribal Energy Development and Self-Determination Act
Amendments of 2014, the Secretary shall promulgate or update any
regulations that are necessary to implement this section, including
provisions to implement--
(1) section 2604(g) of the Energy Policy Act of 1992 (25
U.S.C. 3504(g)) including the manner in which the Secretary, at
the request of an Indian tribe, shall--
(A) identify the programs, functions, services, and
activities (or any portions of programs, functions,
services, or activities) that the Secretary will not
have to operate or carry out as a result of the Indian
tribe carrying out activities under a tribal energy
resource agreement;
(B) identify the amounts that the Secretary would
have otherwise expended to operate or carry out each
program, function, service, and activity (or any
portion of a program, function, service, or activity)
identified pursuant to subparagraph (A); and
(C) provide to the Indian tribe a list of the
programs, functions, services, and activities (or any
portions of programs, functions, services, or
activities) identified pursuant subparagraph (A) and
the amounts associated with each program, function,
service, and activity (or any portion of a program,
function, service, or activity) identified pursuant to
subparagraph (B); and
(2) section 2604(h) of the Energy Policy Act of 1992 (25
U.S.C. 3504(h)), including the process to be followed by, and
any applicable criteria and documentation required for, an
Indian tribe to request and obtain the certification described
in that section.
SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL GOVERNMENTS.
Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C.
3502(b)) is amended--
(1) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Technical and scientific resources.--In addition to
providing grants to Indian tribes under this subsection, the
Secretary shall collaborate with the Directors of the National
Laboratories in making the full array of technical and
scientific resources of the Department of Energy available for
tribal energy activities and projects.''.
SEC. 105. CONFORMING AMENDMENTS.
(a) Definition of Tribal Energy Development Organization.--Section
2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501) is amended by
striking paragraph (11) and inserting the following:
``(11) The term `tribal energy development organization'
means--
``(A) any enterprise, partnership, consortium,
corporation, or other type of business organization
that is engaged in the development of energy resources
and is wholly owned by an Indian tribe (including an
organization incorporated pursuant to section 17 of the
Indian Reorganization Act of 1934 (25 U.S.C. 477) or
section 3 of the Act of June 26, 1936 (25 U.S.C. 503)
(commonly known as the `Oklahoma Indian Welfare Act'));
or
``(B) any organization of 2 or more entities, at
least 1 of which is an Indian tribe, that has the
written consent of the governing bodies of all Indian
tribes participating in the organization to apply for a
grant, loan, or other assistance under section 2602 or
to enter into a lease or business agreement with, or
acquire a right-of-way from, an Indian tribe pursuant
to subsection (a)(2)(A)(ii) or (b)(2)(B) of section
2604.''.
(b) Indian Tribal Energy Resource Development.--Section 2602 of the
Energy Policy Act of 1992 (25 U.S.C. 3502) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``tribal energy
resource development organizations'' and inserting
``tribal energy development organizations''; and
(B) in paragraph (2), by striking ``tribal energy
resource development organizations'' each place it
appears and inserting ``tribal energy development
organizations''; and
(2) in subsection (b)(2), by striking ``tribal energy
resource development organization'' and inserting ``tribal
energy development organization''.
(c) Wind and Hydropower Feasibility Study.--Section 2606(c)(3) of
the Energy Policy Act of 1992 (25 U.S.C. 3506(c)(3)) is amended by
striking ``energy resource development'' and inserting ``energy
development''.
(d) Conforming Amendments.--Section 2604(e) of the Energy Policy
Act of 1992 (25 U.S.C. 3504(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) On the date'' and inserting
the following:
``(1) In general.--On the date''; and
(B) by striking ``for approval'';
(2) in paragraph (2)(B)(iv) (as redesignated by section
4(a)(4)(A)(ii)(III))--
(A) in subclause (XIV), by inserting ``and'' after
the semicolon at the end;
(B) by striking subclause (XV); and
(C) by redesignating subclause (XVI) as subclause
(XV);
(3) in paragraph (3)--
(A) by striking ``(3) The Secretary'' and inserting
the following:
``(3) Notice and comment; secretarial review.--The
Secretary''; and
(B) by striking ``for approval'';
(4) in paragraph (4), by striking ``(4) If the Secretary''
and inserting the following:
``(4) Action in case of disapproval.--If the Secretary'';
(5) in paragraph (5)--
(A) by striking ``(5) If an Indian tribe'' and
inserting the following:
``(5) Provision of documents to secretary.--If an Indian
tribe''; and
(B) in the matter preceding subparagraph (A), by
striking ``approved'' and inserting ``in effect'';
(6) in paragraph (6)--
(A) by striking ``(6)(A) In carrying out'' and
inserting the following:
``(6) Secretarial obligations and effect of section.--
``(A) In carrying out'';
(B) in subparagraph (A), by indenting clauses (i)
and (ii) appropriately;
(C) in subparagraph (B), by striking ``approved''
and inserting ``in effect''; and
(D) in subparagraph (D)--
(i) in clause (i), by striking ``an
approved tribal energy resource agreement'' and
inserting ``a tribal energy resource agreement
in effect under this section''; and
(ii) in clause (ii), by striking ``approved
by the Secretary'' and inserting ``in effect'';
and
(7) in paragraph (7)--
(A) by striking ``(7)(A) In this paragraph'' and
inserting the following:
``(7) Petitions by interested parties.--
``(A) In this paragraph'';
(B) in subparagraph (A), by striking ``approved by
the Secretary'' and inserting ``in effect'';
(C) in subparagraph (B), by striking ``approved by
the Secretary'' and inserting ``in effect''; and
(D) in subparagraph (D)(iii)--
(i) in subclause (I), by striking
``approved''; and
(ii) in subclause (II)--
(I) by striking ``approval of'' in
the first place it appears; and
(II) by striking ``subsection (a)
or (b)'' and inserting ``subsection
(a)(2)(A)(i) or (b)(2)(A)''.
TITLE II--MISCELLANEOUS AMENDMENTS
SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LICENSES.
(a) In General.--Section 7(a) of the Federal Power Act (16 U.S.C.
800(a)) is amended by striking ``States and municipalities'' and
inserting ``States, Indian tribes, and municipalities''.
(b) Applicability.--The amendment made by subsection (a) shall not
affect--
(1) any preliminary permit or original license issued
before the date of enactment of the Indian Tribal Energy
Development and Self-Determination Act Amendments of 2014; or
(2) an application for an original license, if the
Commission has issued a notice accepting that application for
filing pursuant to section 4.32(d) of title 18, Code of Federal
Regulations (or successor regulations), before the date of
enactment of the Indian Tribal Energy Development and Self-
Determination Act Amendments of 2014.
(c) Definition of Indian Tribe.--For purposes of section 7(a) of
the Federal Power Act (16 U.S.C. 800(a)) (as amended by subsection
(a)), the term ``Indian tribe'' has the meaning given the term in
section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT.
(a) Purpose.--The purpose of this section is to establish a biomass
demonstration project for federally recognized Indian tribes and Alaska
Native corporations to promote biomass energy production.
(b) Tribal Biomass Demonstration Project.--The Tribal Forest
Protection Act of 2004 (Public Law 108-278; 118 Stat. 868) is amended--
(1) in section 2(a), by striking ``In this section'' and
inserting ``In this Act''; and
(2) by adding at the end the following:
``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.
``(a) Stewardship Contracts or Similar Agreements.--For each of
fiscal years 2015 through 2019, the Secretary shall enter into
stewardship contracts or similar agreements (excluding direct service
contracts) with Indian tribes to carry out demonstration projects to
promote biomass energy production (including biofuel, heat, and
electricity generation) on Indian forest land and in nearby communities
by providing reliable supplies of woody biomass from Federal land.
``(b) Demonstration Projects.--In each fiscal year for which
projects are authorized, at least 4 new demonstration projects that
meet the eligibility criteria described in subsection (c) shall be
carried out under contracts or agreements described in subsection (a).
``(c) Eligibility Criteria.--To be eligible to enter into a
contract or agreement under this section, an Indian tribe shall submit
to the Secretary an application--
``(1) containing such information as the Secretary may
require; and
``(2) that includes a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; and
``(B) the demonstration project proposed to be
carried out by the Indian tribe.
``(d) Selection.--In evaluating the applications submitted under
subsection (c), the Secretary shall--
``(1) take into consideration--
``(A) the factors set forth in paragraphs (1) and
(2) of section 2(e); and
``(B) whether a proposed project would--
``(i) increase the availability or
reliability of local or regional energy;
``(ii) enhance the economic development of
the Indian tribe;
``(iii) result in or improve the connection
of electric power transmission facilities
serving the Indian tribe with other electric
transmission facilities;
``(iv) improve the forest health or
watersheds of Federal land or Indian forest
land or rangeland;
``(v) demonstrate new investments in
infrastructure; or
``(vi) otherwise promote the use of woody
biomass; and
``(2) exclude from consideration any merchantable logs that
have been identified by the Secretary for commercial sale.
``(e) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian tribes and appropriate intertribal organizations likely
to be affected in developing the application and otherwise
carrying out this section.
``(f) Report.--Not later than September 20, 2017, the Secretary
shall submit to Congress a report that describes, with respect to the
reporting period--
``(1) each individual tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(g) Incorporation of Management Plans.--In carrying out a
contract or agreement under this section, on receipt of a request from
an Indian tribe, the Secretary shall incorporate into the contract or
agreement, to the maximum extent practicable, management plans
(including forest management and integrated resource management plans)
in effect on the Indian forest land or rangeland of the respective
Indian tribe.
``(h) Term.--A contract or agreement entered into under this
section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.''.
(c) Alaska Native Corporation Biomass Demonstration Project.--
(1) Definitions.--In this subsection:
(A) Alaska native corporation.--The term ``Alaska
Native corporation'' has the meaning given the term
``Native Corporation'' in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
(B) Federal land.--The term ``Federal land''
means--
(i) land of the National Forest System (as
defined in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a))) administered by the
Secretary of Agriculture, acting through the
Chief of the Forest Service; and
(ii) public lands (as defined in section
103 of the Federal Land Policy Management Act
of 1976 (43 U.S.C. 1702)), the surface of which
is administered by the Secretary of the
Interior, acting through the Director of the
Bureau of Land Management.
(C) Forest land.--The term ``forest land'' means
land that--
(i) is conveyed to an Alaska Native
corporation pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.);
and
(ii)(I) is considered chiefly valuable for
the production of forest products or to
maintain watershed or other land values
enhanced by a forest cover (including
commercial and noncommercial timberland and
woodland), regardless of whether a formal
inspection and land classification action has
been taken; or
(II) formerly had a forest or vegetative
cover that is capable of restoration.
(D) Secretary.--The term ``Secretary'' means--
(i) the Secretary of Agriculture, with
respect to land under the jurisdiction of the
Forest Service; and
(ii) the Secretary of the Interior, with
respect to land under the jurisdiction of the
Bureau of Land Management.
(2) Agreements.--For each of fiscal years 2015 through
2019, the Secretary shall enter into a stewardship contract or
similar agreement (excluding a direct service contract) with 1
or more Alaska Native corporations to carry out a demonstration
project to promote biomass energy production (including
biofuel, heat, and electricity generation) on forest land of
the Alaska Native corporations and in nearby communities by
providing reliable supplies of woody biomass from Federal land.
(3) Demonstration projects.--In each fiscal year for which
projects are authorized, at least 1 new demonstration project
that meets the eligibility criteria described in paragraph (4)
shall be carried out under contracts or agreements described in
paragraph (2).
(4) Eligibility criteria.--To be eligible to enter into a
contract or agreement under this subsection, an Alaska Native
corporation shall submit to the Secretary an application--
(A) containing such information as the Secretary
may require; and
(B) that includes a description of--
(i) the forest land or rangeland under the
jurisdiction of the Alaska Native corporation;
and
(ii) the demonstration project proposed to
be carried out by the Alaska Native
corporation.
(5) Selection.--In evaluating the applications submitted
under paragraph (4), the Secretary shall--
(A) take into consideration whether a proposed
project would--
(i) increase the availability or
reliability of local or regional energy;
(ii) enhance the economic development of
the Alaska Native corporation;
(iii) result in or improve the connection
of electric power transmission facilities
serving the Alaska Native corporation with
other electric transmission facilities;
(iv) improve the forest health or
watersheds of Federal land or Alaska Native
corporation forest land or rangeland;
(v) demonstrate new investments in
infrastructure; or
(vi) otherwise promote the use of woody
biomass; and
(B) exclude from consideration any merchantable
logs that have been identified by the Secretary for
commercial sale.
(6) Implementation.--The Secretary shall--
(A) ensure that the criteria described in paragraph
(4) are publicly available by not later than 120 days
after the date of enactment of this subsection; and
(B) to the maximum extent practicable, consult with
Alaska Native corporations and appropriate Alaska
Native organizations likely to be affected in
developing the application and otherwise carrying out
this subsection.
(7) Report.--Not later than September 20, 2017, the
Secretary shall submit to Congress a report that describes,
with respect to the reporting period--
(A) each individual application received under this
subsection; and
(B) each contract and agreement entered into
pursuant to this subsection.
(8) Term.--A contract or agreement entered into under this
subsection--
(A) shall be for a term of not more than 20 years;
and
(B) may be renewed in accordance with this
subsection for not more than an additional 10 years.
SEC. 203. WEATHERIZATION PROGRAM.
Section 413(d) of the Energy Conservation and Production Act (42
U.S.C. 6863(d)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Reservation of amounts.--
``(A) In general.--Subject to subparagraph (B) and
notwithstanding any other provision of this part, the
Secretary shall reserve from amounts that would
otherwise be allocated to a State under this part not
less than 100 percent, but not more than 150 percent,
of an amount which bears the same proportion to the
allocation of that State for the applicable fiscal year
as the population of all low-income members of an
Indian tribe in that State bears to the population of
all low-income individuals in that State.
``(B) Restrictions.--Subparagraph (A) shall apply
only if--
``(i) the tribal organization serving the
low-income members of the applicable Indian
tribe requests that the Secretary make a grant
directly; and
``(ii) the Secretary determines that the
low-income members of the applicable Indian
tribe would be equally or better served by
making a grant directly than a grant made to
the State in which the low-income members
reside.'';
(2) in paragraph (2)--
(A) by striking ``The sums'' and inserting
``Administration.--The amounts'';
(B) by striking ``on the basis of his
determination'';
(C) by striking ``individuals for whom such a
determination has been made'' and inserting ``low-
income members of the Indian tribe''; and
(D) by striking ``he'' and inserting ``the
Secretary''; and
(3) in paragraph (3), by striking ``In order'' and
inserting ``Application.--In order''.
SEC. 204. APPRAISALS.
(a) In General.--Title XXVI of the Energy Policy Act of 1992 (25
U.S.C. 3501 et seq.) is amended by adding at the end the following:
``SEC. 2607. APPRAISALS.
``(a) In General.--For any transaction that requires approval of
the Secretary and involves mineral or energy resources held in trust by
the United States for the benefit of an Indian tribe or by an Indian
tribe subject to Federal restrictions against alienation, any appraisal
relating to fair market value of those resources required to be
prepared under applicable law may be prepared by--
``(1) the Secretary;
``(2) the affected Indian tribe; or
``(3) a certified, third-party appraiser pursuant to a
contract with the Indian tribe.
``(b) Secretarial Review and Approval.--Not later than 45 days
after the date on which the Secretary receives an appraisal prepared by
or for an Indian tribe under paragraph (2) or (3) of subsection (a),
the Secretary shall--
``(1) review the appraisal; and
``(2) approve the appraisal unless the Secretary determines
that the appraisal fails to meet the standards set forth in
regulations promulgated under subsection (d).
``(c) Notice of Disapproval.--If the Secretary determines that an
appraisal submitted for approval under subsection (b) should be
disapproved, the Secretary shall give written notice of the disapproval
to the Indian tribe and a description of--
``(1) each reason for the disapproval; and
``(2) how the appraisal should be corrected or otherwise
cured to meet the applicable standards set forth in the
regulations promulgated under subsection (d).
``(d) Regulations.--The Secretary shall promulgate regulations to
carry out this section, including standards the Secretary shall use for
approving or disapproving the appraisal described in subsection (a).''.
SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION.
(a) In General.--Subsection (e)(1) of the first section of the Act
of August 9, 1955 (commonly known as the ``Long-Term Leasing Act'') (25
U.S.C. 415(e)(1)), is amended--
(1) by striking ``, except a lease for'' and inserting ``,
including a lease for'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) in the case of a business or agricultural
lease, 99 years;'';
(3) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of any mineral resource
(including geothermal resources), 25 years, except
that--
``(i) any such lease may include an option
to renew for 1 additional term of not to exceed
25 years; and
``(ii) any such lease for the exploration,
development, or extraction of an oil or gas
resource shall be for a term of not to exceed
10 years, plus such additional period as the
Navajo Nation determines to be appropriate in
any case in which an oil or gas resource is
produced in a paying quantity.''.
(b) GAO Report.--Not later than 5 years after the date of enactment
of this Act, the Comptroller General of the United States shall prepare
and submit to Congress a report describing the progress made in
carrying out the amendment made by subsection (a)(4).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1657-1658)
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 113-338.
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Indian Affairs. Reported by Senator Tester with an amendment in the nature of a substitute. With written report No. 113-224.
Committee on Indian Affairs. Reported by Senator Tester with an amendment in the nature of a substitute. With written report No. 113-224.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 501.
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