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S. 209 — what changed

Indian Tribal Energy Development and Self-Determination Act Amendments of 2015

From Reported in Senate to Engrossed in Senate. 3 sections amended and 1 added between Reported in Senate and Engrossed in Senate.

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”

(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:

changed “(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 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”

(B)
by striking paragraph (2) and inserting the following:

changed “(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, 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

changed “(ii) by the Indian tribe and a tribal energy development organization—organization for which the Indian tribe has obtained a certification pursuant to subsection (h); and

removed “(I) for which the Indian tribe has obtained certification pursuant to subsection (h); and

removed “(II) the majority of the interest in which is, and continues to be throughout the full term or renewal term (if any) of the lease or business agreement, owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes the tribal land of which is being developed); and

“(B) has a term that does not exceed—

“(i) 30 years; or

“(ii) in the case of a lease for the production of oil resources, gas resources, or both, 10 years and as long thereafter as oil or gas is produced in paying quantities.”

(2)
by striking subsection (b) and inserting the following:

“(b) Rights-of-Way—An Indian tribe may grant a right-of-way over tribal land without review or approval by the Secretary if the right-of-way—

“(1) serves—

“(A) an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land;

“(B) a facility located on tribal land that extracts, produces, processes, or refines energy resources; or

changed “(C) the purposes, or facilitates in carrying out the purposes, of any lease or agreement entered into for energy resource development on tribal land; andland;

“(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

changed “(B) by the Indian tribe and a tribal energy development organization—organization for which the Indian tribe has obtained a certification pursuant to subsection (h); and

removed “(i) for which the Indian tribe has obtained certification pursuant to subsection (h); and

removed “(ii) the majority of the interest in which is, and continues to be throughout the full term or renewal term (if any) of the right-of-way, owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes the tribal land of which is being developed); and

“(3) has a term that does not exceed 30 years.”

(3)
by striking subsection (d) and inserting the following:

“(d) Validity—No lease or business agreement entered into, or right-of-way granted, pursuant to this section shall be valid unless the lease, business agreement, or right-of-way is authorized by subsection (a) or (b).”

(4)
in subsection (e)—
(A)
by striking paragraph (1) and inserting the following:

changed “(1) In general—On or after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2015, an Indian tribe may submit to the Secretary a tribal energy resource agreement governing leases, business agreements, and rights-of-way under this section.”general

added “(A) Authorization—On or after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2015, 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.

added “(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—

added “(i) notify the Indian tribe as to whether the agreement is complete or incomplete;

added “(ii) if the agreement is incomplete, notify the Indian tribe of what information or documentation is needed to complete the submission; and

added “(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.

added “(C) Effect—Nothing in this paragraph precludes the Secretary from providing any financial assistance at any time to the Indian tribe to assist in the implementation of the tribal energy resource agreement.”

(B)
in paragraph (2)—
(i)
by striking “(2)(A)” and all that follows through the end of subparagraph (A) and inserting the following:

“(2) Procedure

“(A) Effective date

changed “(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 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).

changed “(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 a qualified Indian tribe under paragraph (4)(B), the revised tribal energy resource agreement shall take effect, unless the Secretary disapproves the revised tribal energy resource agreement under subparagraph (B).”

(ii)
in subparagraph (B)—
(I)
changed by striking “(B)” and all that follows through “if—” clause (ii) and inserting the following:

changed “(B) Disapproval—The Secretary shall disapprove a tribal energy resource agreement submitted pursuant to paragraph (1) or (4)(B) only if—”if—

added “(i) a provision of the tribal energy resource agreement violates applicable Federal law (including regulations) or a treaty applicable to the Indian tribe;

added “(ii) the tribal energy resource agreement does not include 1 or more provisions required under subparagraph (D); or”

(II)
changed by striking in clause (i) and inserting the following:(iii)—
(aa)
added in the matter preceding subclause (I), by striking “includes” and all that follows through “section—” and inserting “does not include provisions that, with respect to any lease, business agreement, or right-of-way to which the tribal energy resource agreement applies—”;
(bb)
added by striking subclauses (I), (II), (V), (VIII), and (XV);
(cc)
added by redesignating clauses (III), (IV), (VI), (VII), (IX) through (XIV), and (XVI) as clauses (I), (II), (III), (IV), (V) through (X), and (XI), respectively;
(dd)
added in item (bb) of subclause (XI) (as redesignated by item (cc))—
(AA)
added by striking “or tribal”; and
(BB)
added by striking the period at the end and inserting a semicolon; and

removed “(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)
removed by redesignating clause (iii) as clause (iv) and indenting appropriately;
(IV)
removed by striking clause (ii) and inserting the following:

removed “(ii) a provision of the tribal energy resource agreement would violate applicable Federal law (including regulations) or a treaty applicable to the Indian tribe;

removed “(iii) the tribal energy resource agreement does not include 1 or more provisions required under subparagraph (D); or”

(V)
removed in clause (iv) (as redesignated by subclause (III))—
(aa)
removed 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)
removed in subclause (XVI)(bb), by striking “or tribal”;
(iii)
removed in subparagraph (C)—
(I)
removed in the matter preceding clause (i), by inserting “the approval of” after “with respect to”;
(II)
removed by striking clause (ii) and inserting the following:

removed “(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)
removed in clause (iii)(I), by striking “proposed action” and inserting “approval of the lease, business agreement, or right-of-way”;
(IV)
removed in clause (iv), by striking “and” at the end;
(V)
removed in clause (v), by striking the period at the end and inserting “; and”; and
(ee)
renumbered was (2)(6)(3)(4)(7) by adding at the end the following:

added “(XII) include a certification by the Indian tribe that the Indian tribe has—

added “(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. 450 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

added “(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

added “(XIII) at the option of the Indian tribe, identify which functions, if any, authorizing any operational or development activities pursuant to a lease, right-of-way, or business agreement approved by the Indian tribe, that the Indian tribe intends to conduct.”

(iii)
added in subparagraph (C)—
(I)
added by striking clauses (i) and (ii);
(II)
added by redesignating clauses (iii) through (v) as clauses (ii) through (iv), respectively; and
(III)
added by inserting before clause (ii) (as redesignated by subclause (II)) the following:

added “(i) a process for ensuring that—

added “(I) the public is informed of, and has reasonable opportunity to comment on, any significant environmental impacts of the proposed action; and

added “(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.”

removed “(vi) the identification of specific classes or categories of actions, if any, determined by the Indian tribe not to have significant environmental effects.”

(iv)
changed in subparagraph (D)(ii), by striking “subparagraph (B)(iii)(XVI)” and inserting “subparagraph (B)(iv)(XV)”; (B)(iv)(XI)”; and
(v)
by adding at the end the following:

changed “(F) A 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

changed “(ii) voluntarily rescinded by the Indian tribe pursuant to the regulations promulgated under paragraph (8)(B) (or successor regulations).regulations).”

removed “(G)

removed “(i) The Secretary shall make a preliminary capacity determination under subparagraph (B)(i) not later than 120 days after the date on which the Indian tribe submits to the Secretary the tribal energy resource agreement of the Indian tribe pursuant to paragraph (1), unless the Secretary and the Indian tribe mutually agree to an extension of the time period for making the determination.

removed “(ii) Any determination (including any preliminary determination) that the Indian tribe lacks the requisite capacity shall be treated as a disapproval under paragraph (4) and, not later than 10 days after the date of the determination, the Secretary shall provide to the Indian tribe—

removed “(I) a detailed, written explanation of each reason for the determination; and

removed “(II) a description of the steps that the Indian tribe should take to demonstrate sufficient capacity.

removed “(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—

removed “(i) the Secretary determines that—

removed “(I)

removed “(aa) the Indian tribe has carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and

removed “(bb) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the tribal energy resource agreement of the Indian tribe pursuant to paragraph (1) or (4)(B), the contract or compact—

removed “(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

removed “(BB) has included programs or activities relating to the management of the environment, tribal land, realty, or natural resources; or

removed “(II) the Indian tribe has carried out approval of surface leases under subsection (h) of the first section of the Act of August 9, 1955 (commonly known as the “Long-Term Leasing Act”) (25 U.S.C. 415(h)) for the previous calendar year without a finding of a compliance violation under paragraph (8)(B) of that subsection; or

removed “(ii) the Secretary fails to make the preliminary determination within the time allowed under subparagraph (G)(i) (including any extension of time agreed to under that subparagraph).”

(C)
in paragraph (4), by striking “date of disapproval” and all that follows through the end of subparagraph (C) and inserting the following:

“(A) a detailed, written explanation of—

“(i) each reason for the disapproval; and

“(ii) the revisions or changes to the tribal energy resource agreement necessary to address each reason; and

“(B) an opportunity to revise and resubmit the tribal energy resource agreement.”

(D)
in paragraph (6)—
(i)
in subparagraph (B)—
(I)
by striking “(B) Subject to” and inserting the following:

“(B) Subject only to”

(II)
by striking “subparagraph (D)” and inserting “subparagraphs (C) and (D)”;
(ii)
in subparagraph (C), in the matter preceding clause (i), by inserting “to perform the obligations of the Secretary under this section and” before “to ensure”; and
(iii)
in subparagraph (D), by adding at the end the following:

“(iii) Nothing in this section absolves, limits, or otherwise affects the liability, if any, of the United States for any—

“(I) term of any lease, business agreement, or right-of-way under this section that is not a negotiated term; or

“(II) losses that are not the result of a negotiated term, including losses resulting from the failure of the Secretary to perform an obligation of the Secretary under this section.”

(E)
in paragraph (7)—
(i)
in subparagraph (A), by striking “has demonstrated” and inserting “the Secretary determines has demonstrated with substantial evidence”;
(ii)
in subparagraph (B), by striking “any tribal remedy” and inserting “all remedies (if any) provided under the laws of the Indian tribe”;
(iii)
in subparagraph (D)—
(I)
in clause (i), by striking “determine” and all that follows through the end of the clause and inserting the following:

“(I) whether the petitioner is an interested party; and

“(II) if the petitioner is an interested party, whether the Indian tribe is not in compliance with the tribal energy resource agreement as alleged in the petition.”

(II)
in clause (ii), by striking “determination” and inserting “determinations”; and
(III)
in clause (iii), in the matter preceding subclause (I) by striking “agreement” the first place it appears and all that follows through “, including” and inserting “agreement pursuant to clause (i), the Secretary shall only take such action as the Secretary determines necessary to address the claims of noncompliance made in the petition, including”;
(iv)
in subparagraph (E)(i), by striking “the manner in which” and inserting “, with respect to each claim made in the petition, how”; and
(v)
by adding at the end the following:

“(G) Notwithstanding any other provision of this paragraph, the Secretary shall dismiss any petition from an interested party that has agreed with the Indian tribe to a resolution of the claims presented in the petition of that party.”

(F)
changed in paragraph (8)(B)—(8)—
(i)
added by striking subparagraph (A);
(ii)
added by redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively; and
(iii)
added in subparagraph (A) (as redesignated by clause (ii))—
(I)
renumbered was (2)(6)(7)(2) in clause (i), by striking “and” at the end;
(II)
renumbered was (2)(6)(7)(3) in clause (ii), by adding “and” after the semicolon; and
(III)
renumbered was (2)(6)(7)(4) by adding at the end the following:

“(iii) amend an approved tribal energy resource agreement to assume authority for approving leases, business agreements, or rights-of-way for development of another energy resource that is not included in an approved tribal energy resource agreement without being required to apply for a new tribal energy resource agreement;”

(G)
by adding at the end the following:

“(9) Effect—Nothing in this section authorizes the Secretary to deny a tribal energy resource agreement or any amendment to a tribal energy resource agreement, or to limit the effect or implementation of this section, due to lack of promulgated regulations.”

(5)
by redesignating subsection (g) as subsection (j); and
(6)
by inserting after subsection (f) the following:

“(g) Financial assistance in lieu of activities by the Secretary

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

“(2) Annual funding agreements—The Secretary shall make the amounts described in paragraph (1) available to an Indian tribe through an annual written funding agreement that is negotiated and entered into with the Indian tribe that is separate from the tribal energy resource agreement.

“(3) Effect of appropriations—Notwithstanding paragraph (1)—

“(A) the provision of amounts to an Indian tribe under this subsection is subject to the availability of appropriations; and

“(B) the Secretary shall not be required to reduce amounts for programs, functions, services, or activities that serve any other Indian tribe to make amounts available to an Indian tribe under this subsection.

“(4) Determination

“(A) In general—The Secretary shall calculate the amounts under paragraph (1) in accordance with the regulations adopted under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2015.

“(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 2015;

“(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 2015, 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)

changed “(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;

changed “(ii) the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes the tribal land of which is being developed); and“(ii)

changed “(iii) “(I) the organizing document majority of the interest in the tribal energy development organization requires that is owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes 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.developed; and

added “(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;

added “(iii) the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and 1 or more other Indian tribes) the tribal land of which is being developed own and control at all times a majority of the interest in the tribal energy development organization; and

added “(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—

removed “(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;

removed “(ii) the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes the tribal land of which is being developed);

removed “(iii) the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and 1 or more other Indian tribes the tribal land of which is being developed) own and control at all times a majority of the interest in the tribal energy development organization; and

changed “(iv) “(i) the certification tribal energy development organization is issued pursuant this subsection;organized under the laws of the Indian tribe and subject to the jurisdiction, laws, and authority of the Indian tribe;

added “(ii) the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes) the tribal land of which is being developed;

added “(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;

added “(iv) the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and 1 or more other Indian tribes the tribal land of which is being developed) own and control at all times a majority of the interest in the tribal energy development organization; and

added “(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.”

(b)
Regulations— Not later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2015, the Secretary shall promulgate or update any regulations that are necessary to implement this section, including provisions to implement—
(1)
section 2604(e)(8) of the Energy Policy Act of 1992 (25 U.S.C. 3504(e)(8)), including the process to be followed by an Indian tribe amending an existing tribal energy resource agreement to assume authority for approving leases, business agreements, or rights-of-way for development of an energy resource that is not included in the tribal energy resource agreement;
(2)
section 2604(g) of the Energy Policy Act of 1992 (25 U.S.C. 3504(g)) including the manner in which the Secretary, at the request of an Indian tribe, shall—
(A)
identify the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) that the Secretary will not have to operate or carry out as a result of the Indian tribe carrying out activities under a tribal energy resource agreement;
(B)
identify the amounts that the Secretary would have otherwise expended to operate or carry out each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to subparagraph (A); and
(C)
provide to the Indian tribe a list of the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) identified pursuant subparagraph (A) and the amounts associated with each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to subparagraph (B); and
(3)
section 2604(h) of the Energy Policy Act of 1992 (25 U.S.C. 3504(h)), including the process to be followed by, and any applicable criteria and documentation required for, an Indian tribe to request and obtain the certification described in that section.

Sec. 105 Conforming amendments

(a)
changed 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:amended—
(1)
added by redesignating paragraphs (9) through (12) as paragraphs (10) through (13), respectively;
(2)
added by inserting after paragraph (8) the following:

added “(9) The term qualified Indian tribe means an Indian tribe that has—

added “(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. 450 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

added “(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.”

(3)
added by striking paragraph (12) (as redesignated by paragraph (1)) and inserting the following:

added “(12) The term tribal energy development organization means—

added “(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”)); and

removed “(11) The term tribal energy development organization means—

removed “(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)
removed in paragraph (2)(B)(iv) (as redesignated by section 103(a)(4)(A)(ii)(III))—
(A)
removed in subclause (XIV), by inserting “and” after the semicolon at the end;
(B)
removed by striking subclause (XV); and
(C)
removed by redesignating subclause (XVI) as subclause (XV);
(1)
renumbered was (5)(4) in paragraph (3)—
(A)
renumbered was (5)(4)(2) by striking “(3) The Secretary” and inserting the following:

“(3) Notice and comment; Secretarial review—The Secretary”

(B)
renumbered was (5)(4)(3) by striking “for approval”;
(2)
renumbered was (5)(5) in paragraph (4), by striking “(4) If the Secretary” and inserting the following:

“(4) Action in case of disapproval—If the Secretary”

(3)
renumbered was (5)(6) in paragraph (5)—
(A)
renumbered was (5)(6)(2) by striking “(5) If an Indian tribe” and inserting the following:

“(5) Provision of documents to Secretary—If an Indian tribe”

(B)
renumbered was (5)(6)(3) in the matter preceding subparagraph (A), by striking “approved” and inserting “in effect”;
(4)
renumbered was (5)(7) in paragraph (6)—
(A)
renumbered was (5)(7)(2) by striking “(6)(A) In carrying out” and inserting the following:

“(6) Secretarial obligations and effect of section

“(A) In carrying out”

(B)
renumbered was (5)(7)(3) in subparagraph (A), by indenting clauses (i) and (ii) appropriately;
(C)
renumbered was (5)(7)(4) in subparagraph (B), by striking “approved” and inserting “in effect”; and
(D)
renumbered was (5)(7)(5) in subparagraph (D)—
(i)
renumbered was (5)(7)(5)(2) 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)
renumbered was (5)(7)(5)(3) in clause (ii), by striking “approved by the Secretary” and inserting “in effect”; and
(5)
renumbered was (5)(8) in paragraph (7)—
(A)
renumbered was (5)(8)(2) by striking “(7)(A) In this paragraph” and inserting the following:

“(7) Petitions by interested parties

“(A) In this paragraph”

(B)
renumbered was (5)(8)(3) in subparagraph (A), by striking “approved by the Secretary” and inserting “in effect”;
(C)
renumbered was (5)(8)(4) in subparagraph (B), by striking “approved by the Secretary” and inserting “in effect”; and
(D)
renumbered was (5)(8)(5) in subparagraph (D)(iii)—
(i)
renumbered was (5)(8)(5)(2) in subclause (I), by striking “approved”; and
(ii)
renumbered was (5)(8)(5)(3) in subclause (II)—
(I)
renumbered was (5)(8)(5)(3)(2) by striking “approval of” in the first place it appears; and
(II)
renumbered was (5)(8)(5)(3)(3) by striking “subsection (a) or (b)” and inserting “subsection (a)(2)(A)(i) or (b)(2)(A)”.

Sec. 106 Report

added
(a)
added In general— Not later than 18 months after the date of enactment of this Act, the Secretary of the Interior shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that details with respect to activities for energy development on Indian land, how the Department of the Interior—
(1)
added processes and completes the reviews of energy-related documents in a timely and transparent manner;
(2)
added monitors the timeliness of agency review for all energy-related documents;
(3)
added maintains databases to track and monitor the review and approval process for energy-related documents associated with conventional and renewable Indian energy resources that require Secretarial approval prior to development, including—
(A)
added any seismic exploration permits;
(B)
added permission to survey;
(C)
added archeological and cultural surveys;
(D)
added access permits;
(E)
added environmental assessments;
(F)
added oil and gas leases;
(G)
added surface leases;
(H)
added rights-of-way agreements; and
(I)
added communitization agreements;
(4)
added identifies in the databases—
(A)
added the date lease applications and permits are received by the agency;
(B)
added the status of the review;
(C)
added the date the application or permit is considered complete and ready for review;
(D)
added the date of approval; and
(E)
added the start and end dates for any significant delays in the review process;
(5)
added tracks in the databases, for all energy-related leases, agreements, applications, and permits that involve multiple agency review—
(A)
added the dates documents are transferred between agencies;
(B)
added the status of the review;
(C)
added the date the required reviews are completed; and
(D)
added the date interim or final decisions are issued.
(b)
added Inclusions— The report under subsection (a) shall include—
(1)
added a description of any intermediate and final deadlines for agency action on any Secretarial review and approval required for Indian conventional and renewable energy exploration and development activities;
(2)
added a description of the existing geographic database established by the Bureau of Indian Affairs, explaining—
(A)
added how the database identifies—
(i)
added the location and ownership of all Indian oil and gas resources held in trust;
(ii)
added resources available for lease; and
(iii)
added the location of—
(I)
added any lease of land held in trust or restricted fee on behalf of any Indian tribe or individual Indian; and
(II)
added any rights-of-way on that land in effect;
(B)
added how the information from the database is made available to—
(i)
added the officials of the Bureau of Indian Affairs with responsibility over the management and development of Indian resources; and
(ii)
added resource owners; and
(C)
added any barriers to identifying the information described in subparagraphs (A) and (B) or any deficiencies in that information; and
(3)
added an evaluation of—
(A)
added the ability of each applicable agency to track and monitor the review and approval process of the agency for Indian energy development; and
(B)
added the extent to which each applicable agency complies with any intermediate and final deadlines.

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:

“3. Tribal biomass demonstration project

changed “(a) Stewardship contracts or similar agreements—For each of fiscal years 2015 2016 through 2019, 2020, 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.

changed “(f) Report—Not later than September 20, 2017, 2018, 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 biomass demonstration project—
(1)
Definitions— In this subsection:
(A)
Federal land— The term “Federal land” means—
(i)
land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and
(ii)
public lands (as defined in section 103 of the Federal Land Policy Management Act of 1976 (43 U.S.C. 1702)), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
(B)
Indian tribe— The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(C)
Secretary— The term “Secretary” means—
(i)
the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and
(ii)
the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management.
(D)
Tribal organization— The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(2)
changed Agreements— For each of fiscal years 2015 2016 through 2019, 2020, the Secretary shall enter into an agreement or contract with an Indian tribe or a tribal organization to carry out a demonstration project to promote biomass energy production (including biofuel, heat, and electricity generation) by providing reliable supplies of woody biomass from Federal land.
(3)
Demonstration projects— In each fiscal year for which projects are authorized, at least 1 new demonstration project that meets the eligibility criteria described in paragraph (4) shall be carried out under contracts or agreements described in paragraph (2).
(4)
Eligibility criteria— To be eligible to enter into a contract or agreement under this subsection, an Indian tribe or tribal organization shall submit to the Secretary an application—
(A)
containing such information as the Secretary may require; and
(B)
that includes a description of the demonstration project proposed to be carried out by the Indian tribe or tribal organization.
(5)
Selection— In evaluating the applications submitted under paragraph (4), the Secretary shall—
(A)
take into consideration whether a proposed project would—
(i)
increase the availability or reliability of local or regional energy;
(ii)
enhance the economic development of the Indian tribe;
(iii)
result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;
(iv)
improve the forest health or watersheds of Federal land or non-Federal land;
(v)
demonstrate new investments in infrastructure; or
(vi)
otherwise promote the use of woody biomass; and
(B)
exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.
(6)
Implementation— The Secretary shall—
(A)
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 Indian tribes and appropriate tribal organizations likely to be affected in developing the application and otherwise carrying out this subsection.
(7)
changed Report— Not later than September 20, 2017, 2018, 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.