,,ib ,union ,calendar ,no4 #ahi #aacth ,,congress #ast ,session ,h4 ,r4 #aedh ,report ,no4 #aac-bfc ,,in ,,the ,,house ,,of ,,representatives ,april #ab1 #bjac,mr4 ,young of ,alaska introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,november #ab1 #bjac,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,april #ab1 #bjac ,a ,,bill ,to facilitate the development of energy on ,indian lands by reducing ,federal regulations that impede tribal development of ,indian lands1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,native ,american ,energy ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,appraisals4,sec4 #d4 ,standardization4,sec4 #e4 ,environmental reviews of major ,federal actions on ,indian lands4,sec4 #f4 ,,blm oil and gas fees4,sec4 #g4 ,bonding requirements and nonpayment of attorneys' fees to promote ,indian energy projects4,sec4 #h4 ,tribal biomass demonstration project4,sec4 #i4 ,tribal resource management plans4,sec4 #aj4 ,leases of restricted lands for the ,navajo ,nation4,sec4 #aa4 ,nonapplicability of certain rules4 #c4 ,appraisals 7a7 ,amendment ,title ,,xxvi of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja et seq47 is amended by adding at the end the following3 #bfjg4 ,appraisal reforms 7a7 ,options to ,indian ,tribes ,with respect to a transaction involving ,indian land or the trust assets of an ,indian tribe that requires the approval of the ,secretary1 any appraisal relating to fair market value required to be conducted under applicable law1 regulation1 or policy may be completed by-- 7#a7 the ,secretary2 7#b7 the affected ,indian tribe2 or 7#c7 a certified1 third-party appraiser pursuant to a contract with the ,indian tribe4 7b7 ,time ,limit on ,secretarial ,review and ,action ,not later than #cj days after the date on which the ,secretary receives an appraisal conducted by or for an ,indian tribe pursuant to paragraphs 7#b7 or 7#c7 of subsection 7a71 the ,secretary shall-- 7#a7 review the appraisal2 and 7#b7 provide to the ,indian tribe a written notice of approval or disapproval of the appraisal4 7c7 ,failure of ,secretary ,to ,approve or ,disapprove ,if1 after #fj days1 the ,secretary has failed to approve or disapprove any appraisal received1 the appraisal shall be deemed approved4 7d7 ,option to ,indian ,tribes ,to ,waive ,appraisal 7#a7 ,an ,indian tribe wishing to waive the requirements of subsection 7a71 may do so after it has satisfied the requirements of subsections 7#b7 and 7#c7 below4 7#b7 ,an ,indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the ,secretary a written resolution1 statement1 or other unambiguous indication of tribal intent1 duly approved by the governing body of the ,indian tribe4 7#c7 ,the unambiguous indication of intent provided by the ,indian tribe to the ,secretary under paragraph 7#b7 must include an express waiver by the ,indian tribe of any claims for damages it might have against the ,united ,states as a result of the lack of an appraisal undertaken4 7e7 ,definition ,for purposes of this subsection1 the term appraisal includes appraisals and other estimates of value4 7f7 ,regulations ,the ,secretary shall develop regulations for implementing this section1 including standards the ,secretary shall use for approving or disapproving an appraisal4 4 7b7 ,conforming amendment ,the table of contents of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbja note7 is amended by adding at the end of the items relating to title ,,xxvi the following3 ,sec4 #bfjg4 ,appraisal reforms4 4 #d4 ,standardization ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary of the ,interior shall implement procedures to ensure that each agency within the ,department of the ,interior that is involved in the review1 approval1 and oversight of oil and gas activities on ,indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells4 #e4 ,environmental reviews of major ,federal actions on ,indian lands ,section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7 is amended by inserting 7a7 ,in general4-- before the first sentence1 and by adding at the end the following3 7b7 ,review of major ,federal actions on ,indian lands 7#a7 ,in general ,for any major ,federal action on ,indian lands of an ,indian tribe requiring the preparation of a statement under subsection 7a77#b77;,c71 the statement shall only be available for review and comment by the members of the ,indian tribe and by any other individual residing within the affected area4 7#b7 ,regulations ,the ,chairman of the ,council on ,environmental ,quality shall develop regulations to implement this section1 including descriptions of affected areas for specific major ,federal actions1 in consultation with ,indian tribes4 7#c7 ,definitions ,in this subsection1 each of the terms ,indian land and ,indian tribe has the meaning given that term in section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja74 7#d7 ,clarification of authority ,nothing in the ,native ,american ,energy ,act1 except section #g of that ,act1 shall give the ,secretary any additional authority over energy projects on ,alaska ,native ,claims ,settlement ,act lands4 4 #f4 ,,blm oil and gas fees ,the ,secretary of the ,interior1 acting through the ,bureau of ,land ,management1 shall not collect any fee for any of the following3 7#a7 ,for an application for a permit to drill on ,indian land4 7#b7 ,to conduct any oil or gas inspection activity on ,indian land4 7#c7 ,on any oil or gas lease for nonproducing acreage on ,indian land4 #g4 ,bonding requirements and nonpayment of attorneys' fees to promote ,indian energy projects 7a7 ,in ,general ,a plaintiff who obtains a preliminary injunction or administrative stay in an energy related action1 but does not ultimately prevail on the merits of the energy related action1 shall be liable for damages sustained by a defendant who-- 7#a7 opposed the preliminary injunction or administrative stay2 and 7#b7 was harmed by the preliminary injunction or administrative stay4 7b7 ,bond ,unless otherwise specifically exempted by ,federal law1 a court may not issue a preliminary injunction and an agency may not grant an administrative stay in an energy related action until the plaintiff posts with the court or the agency a surety bond or cash equivalent-- 7#a7 in an amount the court or agency decides is #cj percent of that amount that the court or agency considers is sufficient to compensate each defendant opposing the preliminary injunction or administrative stay for damages1 including but not limited to preliminary development costs1 additional development costs1 and reasonable attorney fees1 that each defendant may sustain as a result of the preliminary injunction or administrative stay2 7#b7 written by a surety licensed to do business in the ,state in which the ,indian ,land or other land where the activities are undertaken is situated2 and 7#c7 payable to each defendant opposing the preliminary injunction or administrative stay1 in the event that the plaintiff does not prevail on the merits of the energy related action1 ,provided1 that1 if there is more than one plaintiff1 the court or agency shall establish the amount of the bond required by this subsection for each plaintiff in a fair and equitable manner4 7c7 ,limitation on certain payments ,notwithstanding section #acjd of title #ca1 ,united ,states ,code1 no award may be made under section #ejd of title #e1 ,united ,states ,code1 or under section #bdab of title #bh1 ,united ,states ,code1 and no amounts may be obligated or expended from the ,claims and ,judgment ,fund of the ,united ,states ,treasury to pay any fees or other expenses under such sections to any plaintiff related to an energy related action4 7d7 ,definitions ,for the purposes of this section1 the following definitions apply3 7#a7 ,administrative stay ,the term ,administrative ,stay means a stay or other temporary remedy issued by a ,federal agency1 including the ,department of the ,interior1 the ,department of ,agriculture1 the ,department of ,energy1 the ,department of ,commerce1 and the ,environmental ,protection ,agency4 7#b7 ,indian land ,the term ,indian ,land has the same meaning given such term in section #bjc7;c77#c7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #be ,u4,s4,c4 #ceja71 including lands owned by ,native ,corporations under the ,alaska ,native ,claims ,settlement ,act 7,public ,law #ib-bjc2 #dc ,u4,s4,c4 #afja74 7#c7 ,energy related action ,the term energy related action means a cause of action that-- 7,a7 is filed on or after the effective date of this ,act2 and 7,b7 seeks judicial review of a final agency action 7as defined in section #gjb of title #e1 ,united ,states ,code71 to issue a permit1 license1 or other form of agency permission allowing3 7i7 any person or entity to conduct activities on ,indian ,land1 which activities involve the exploration1 development1 production or transportation of oil1 gas1 coal1 shale gas1 oil shale1 geothermal resources1 wind or solar resources1 underground coal gasification1 biomass1 or the generation of electricity1 or 7ii7 any ,indian ,tribe1 or any organization of two or more entities1 at least one of which is an ,indian tribe1 to conduct activities involving the exploration1 development1 production or transportation of oil1 gas1 coal1 shale gas1 oil shale1 geothermal resources1 wind or solar resources1 underground coal gasification1 biomass1 or the generation of electricity1 regardless of where such activities are undertaken4 7#d7 ,ultimately prevail on the merits ,the phrase ,ultimately prevail on the merits means1 in a final enforceable judgment on the merits1 the court rules in the plaintiff's favor on at least one cause of action which is an underlying rationale for the preliminary injunction1 and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree4 7#e7 ,indian tribe ,the term ,indian tribe means any ,indian tribe1 band1 nation1 or other organized group or community1 including any ,alaska ,native village or regional or village corporation as defined in or established pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq471 which is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians4 #h4 ,tribal biomass demonstration project ,the ,tribal ,forest ,protection ,act of #bjjd is amended by inserting after section #b 7#be ,u4,s4,c4 #caae;a7 the following3 #c4 ,tribal biomass demonstration project 7a7 ,in general ,for each of fiscal years #bjad through #bjah1 the ,secretary shall enter into stewardship contracts or other agreements1 other than agreements that are exclusively direct service contracts1 with ,indian tribes to carry out demonstration projects to promote biomass energy production 7including biofuel1 heat1 and electricity generation7 on ,indian forest land and in nearby communities by providing reliable supplies of woody biomass from ,federal land4 7b7 ,definitions ,the definitions in section #b shall apply to this section4 7c7 ,demonstration projects ,in each fiscal year for which projects are authorized1 the ,secretary shall enter into contracts or other agreements described in subsection 7a7 to carry out at least #d new demonstration projects that meet the eligibility criteria described in subsection 7d74 7d7 ,eligibility criteria ,to be eligible to enter into a contract or other agreement under this subsection1 an ,indian tribe shall submit to the ,secretary an application-- 7#a7 containing such information as the ,secretary may require2 and 7#b7 that includes a description of-- 7,a7 the ,indian forest land or rangeland under the jurisdiction of the ,indian tribe2 and 7,b7 the demonstration project proposed to be carried out by the ,indian tribe4 7e7 ,selection ,in evaluating the applications submitted under subsection 7c71 the ,secretary-- 7#a7 shall take into consideration the factors set forth in paragraphs 7#a7 and 7#b7 of section #b7;e7 of ,public ,law #ajh-bgh2 and whether a proposed demonstration project would-- 7,a7 increase the availability or reliability of local or regional energy2 7,b7 enhance the economic development of the ,indian tribe2 7,c7 improve the connection of electric power transmission facilities serving the ,indian tribe with other electric transmission facilities2 7,d7 improve the forest health or watersheds of ,federal land or ,indian forest land or rangeland2 or 7,e7 otherwise promote the use of woody biomass2 and 7#b7 shall exclude from consideration any merchantable logs that have been identified by the ,secretary for commercial sale4 7f7 ,implementation ,the ,secretary shall-- 7#a7 ensure that the criteria described in subsection 7c7 are publicly available by not later than #abj days after the date of enactment of this section2 and 7#b7 to the maximum extent practicable1 consult with ,indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section4 7g7 ,report ,not later than ,september #bj1 #bjae1 the ,secretary shall submit to ,congress a report that describes1 with respect to the reporting period-- 7#a7 each individual tribal application received under this section2 and 7#b7 each contract and agreement entered into pursuant to this section4 7h7 ,incorporation of management plans ,in carrying out a contract or agreement under this section1 on receipt of a request from an ,indian tribe1 the ,secretary shall incorporate into the contract or agreement1 to the extent practicable1 management plans 7including forest management and integrated resource management plans7 in effect on the ,indian forest land or rangeland of the respective ,indian tribe4 7i7 ,term ,a stewardship contract or other agreement entered into under this section-- 7#a7 shall be for a term of not more than #bj years2 and 7#b7 may be renewed in accordance with this section for not more than an additional #aj years4 4 #i4 ,tribal resource management plans ,unless otherwise explicitly exempted by ,federal law enacted after the date of the enactment of this ,act1 any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the ,secretary of the ,interior under the ,national ,indian ,forest ,resources ,management ,act 7#be ,u4,s4,c4 #caja et seq47 or the ,american ,indian ,agricultural ,resource ,management ,act 7#be ,u4,s4,c4 #cgja et seq471 shall be considered a sustainable management practice for purposes of any ,federal standard1 benefit1 or requirement that requires a demonstration of such sustainability4 #aj4 ,leases of restricted lands for the ,navajo ,nation ,subsection 7e77#a7 of the first section of the ,act of ,august #i1 #aiee 7#be ,u4,s4,c4 #dae7;e77#a72 commonly referred to as the ,long-,term ,leasing ,act71 is amended-- 7#a7 by striking 1 except a lease for and inserting 1 including leases for2 7#b7 in subparagraph 7,a71 by striking #be the first place it appears and all that follows and inserting #ii years22 7#c7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7,c7 in the case of a lease for the exploration1 development1 or extraction of mineral resources1 including geothermal resources1 #be years1 except that any such lease may include an option to renew for one additional term not to exceed #be years4 4 #aa4 ,nonapplicability of certain rules ,no rule promulgated by the ,department of the ,interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of ,indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status4 ,november #ab1 #bjac,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed