Library / Laws / 113th / s / S. 2132 / Reported in Senate
II
Calendar No. 501
113th CONGRESS
2d Session
S. 2132
[Report No. 113–224]
IN THE SENATE OF THE UNITED STATES
March 13, 2014Mr. Barrasso (for himself, Mr. Hoeven, Mr. McCain, Mr. Thune, Mr. Enzi, Ms. Murkowski, Mr. Moran, Mr. Walsh, Mr. Tester, Mrs. Fischer, and Mr. Udall of Colorado) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs
July 30, 2014Reported by Mr. Tester, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
A BILL
To amend the Indian Tribal Energy Development and Self-Determination Act of 2005, and for other
purposes.
1.
Short title
This Act may be cited as the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014.
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 amendmentsSec. 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 amendmentsSec. 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.
I
Indian tribal
energy development and self-determination act amendments
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.
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.
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.
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.
.
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).
II
Miscellaneous
amendments
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).
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
(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.
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.
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:
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).
.
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).
1.
Short title
This Act may be cited as the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014.
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 amendmentsSec. 101. Indian tribal energy resource development.Sec. 102. Indian tribal energy resource regulation.Sec. 103. Tribal energy resource agreements.Sec. 104. Technical assistance for Indian tribal governments.Sec. 105. Conforming amendments.Sec. 106. Indian energy efficiency.TITLE II—Miscellaneous amendmentsSec. 201. Issuance of preliminary permits or licenses.Sec. 202. Tribal biomass demonstration project.Sec. 203. Weatherization program.Sec. 204. Appraisals.Sec. 205. Leases of restricted lands for Navajo Nation.Sec. 206. Extension of tribal lease period for the Crow Tribe of Montana.Sec. 207. Trust status of lease payments.
I
Indian tribal
energy development and self-determination act amendments
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.
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.
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 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
(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 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:
(1)
In general
On or after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014, an Indian tribe may submit to the Secretary a tribal energy
resource agreement governing leases, business agreements, and
rights-of-way under this section.
;
(B) in paragraph
(2)—
(i) by
striking (2)(A) and all that follows through the end of
subparagraph (A) and inserting the following:
(2)
Procedure
(A)
Effective
date
(i)
In
general
On the date that is 271 days after the date on which the
Secretary receives a tribal energy resource agreement from 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 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.
(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—
(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)
(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
(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— (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 the
environment, tribal land, realty, or natural resources;
or
(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
(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:
date of disapproval, provide the
Indian tribe with—
(A) a detailed,
written explanation of—
(i) each reason for
the disapproval; and
(ii) the revisions or
changes to the tribal energy resource agreement necessary to
address each
reason; and
(B) an opportunity to
revise and resubmit the tribal energy resource
agreement.
;
(D) in paragraph
(6)—
(i) in
subparagraph (B)—
(I) by striking
(B) Subject to and inserting the following:
(B) Subject only
to
; and
(II) by striking
subparagraph (D) and inserting subparagraphs (C) and
(D);
(ii) in
subparagraph (C), in the matter preceding clause (i), by inserting to
perform the obligations of the Secretary under this section and before
to ensure; and
(iii) in subparagraph
(D), by adding at the end the following:
(iii) Nothing in this
section absolves, limits, or otherwise affects the liability, if
any, of the
United States for any—
(I) term of any
lease, business agreement, or right-of-way under this section that
is not a
negotiated term; or
(II) losses that are
not the result of a negotiated term, including losses resulting
from the
failure of the Secretary to perform an obligation of the Secretary
under this
section.
;
(E) in paragraph
(7)—
(i) 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.
;
(F) in paragraph (8)(B)—
(i) in clause (i), by striking and at the end;
(ii) in clause (ii), by adding and after the semicolon; and
(iii) by adding at the end the following:
(iii) amend an approved tribal energy resource agreement to assume authority for approving leases,
business agreements, or rights-of-way for development of another energy
resource that is not included in an approved tribal energy resource
agreement
without being required to apply for a new tribal energy resource
agreement;
and
(G) by adding at the end the following:
(9)
Effect
Nothing in this section authorizes the Secretary to deny a tribal energy resource agreement or
any amendment to a tribal energy resource agreement, or to limit the
effect or implementation of this section, due
to lack of promulgated regulations.
;
(5) by redesignating
subsection (g) as subsection (j); and
(6) by inserting
after subsection (f) the following:
(g)
Financial
assistance in lieu of activities by the Secretary
(1)
In
general
Any amounts that the Secretary would otherwise expend to
operate or carry out any program, function, service, or activity
(or any
portion of a program, function, service, or activity) of the
Department that,
as a result of an Indian tribe carrying out activities under a
tribal energy
resource agreement, the Secretary does not expend, the Secretary
shall, at the
request of the Indian tribe, make available to the Indian tribe in
accordance
with this subsection.
(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 the tribal land of which is being developed);
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 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.
(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 the tribal land of which is being developed);
(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
(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(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.
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.
.
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 (2)(B)(iv)
(as redesignated by section 103(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);
(2) 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;
(3) in paragraph (4), by
striking (4) If the Secretary and inserting the
following:
(4)
Action in case of
disapproval
If the
Secretary
;
(4) 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;
(5) 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
(6) 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).
106.
Indian energy
efficiency
Part D of title III
of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended
by adding at the end the following:
367.
Indian energy
efficiency program
(a)
Definition of
Indian tribe
In this section, the term Indian tribe
has the meaning given the term in section 4 of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(b)
Purpose
The
purpose of the grants provided under subsection (d) shall be to assist Indian
tribes in implementing strategies—
(1) to
develop alternative and renewable energy resources within the
jurisdictions of eligible entities in a manner that—
(A) is
environmentally sustainable; and
(B) to the maximum
extent practicable, maximizes benefits for Indian tribes and tribal
members;
(2) to
increase the energy efficiency of Indian tribes and tribal members; and
(3) to
improve energy efficiency in—
(A) the
transportation sector;
(B) the building
sector; and
(C) other appropriate
sectors.
(c)
Tribal
allocation
Of the amount of funds authorized to be appropriated
for each fiscal year under section 365(f) to carry out this part, the Secretary
shall allocate not less than 2.5 percent of the funds for each fiscal year to be
distributed to Indian tribes in accordance with subsection (d).
(d)
Grants
Of
the amounts available for distribution under subsection (c), the Secretary
shall establish a competitive process for providing grants under this section
that gives priority to projects that—
(1) increase energy
efficiency and energy conservation rather than new energy generation
projects;
(2) integrate
cost-effective renewable energy with energy efficiency;
(3) move beyond the
planning stage and 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 an Indian tribe; and
(6) maximize the
creation or retention of jobs on Indian land.
(e)
Use of
funds
An Indian tribe may use a grant received under this section
to carry out activities to achieve the purposes described in subsection (b),
including—
(1) the development
and implementation of energy efficiency and conservation strategies;
(2) the retention of
technical consultant services to assist the Indian tribe in the development of
an energy efficiency and conservation strategy, including—
(A) the formulation
of energy efficiency, energy conservation, and energy usage goals;
(B) the
identification of strategies to achieve the goals—
(i) through efforts
to increase energy efficiency and reduce energy consumption; and
(ii) by
encouraging behavioral changes among the population served by the Indian
tribe;
(C) the development
of methods to measure progress in achieving the goals;
(D) the development
and publication of annual reports to the population served by the eligible
entity describing—
(i) the
strategies and goals; and
(ii) the
progress made in achieving the strategies and goals during the preceding
calendar year; and
(E) other services to
assist in the implementation of the energy efficiency and conservation
strategy;
(3) the
implementation of residential and commercial building energy audits;
(4) the establishment
of financial incentive programs for energy efficiency improvements;
(5) the provision of
grants for the purpose of performing energy efficiency retrofits;
(6) the development
and implementation of energy efficiency and conservation programs for buildings
and facilities within the jurisdiction of the Indian tribe, including—
(A) the design and
operation of the programs;
(B) the
identification of the most effective methods of achieving maximum participation
and efficiency rates;
(C) the education of
the members of an Indian tribe;
(D) the measurement
and verification protocols of the programs; and
(E) the
identification of energy efficient technologies;
(7) the development
and implementation of programs to conserve energy used in transportation,
including—
(A) the use
of—
(i) flextime by
employers; or
(ii) satellite work
centers;
(B) the development
and promotion of zoning guidelines or requirements that promote
energy-efficient development;
(C) the development
of infrastructure, including bike lanes, pathways, and pedestrian
walkways;
(D) the
synchronization of traffic signals; and
(E) other measures
that increase energy efficiency and decrease energy consumption;
(8) the development
and implementation of building codes and inspection services to promote
building energy efficiency;
(9) the application
and implementation of energy distribution technologies that significantly
increase energy efficiency, including—
(A) distributed
resources; and
(B) district heating
and cooling systems;
(10) the
implementation of activities to increase participation and efficiency rates for
material conservation programs, including source reduction, recycling, and
recycled content procurement programs that lead to increases in energy
efficiency;
(11) the purchase and
implementation of technologies to reduce, capture, and, to the maximum extent
practicable, use methane and other greenhouse gases generated by landfills or
similar sources;
(12) the replacement
of traffic signals and street lighting with energy-efficient lighting
technologies, including—
(A) light-emitting
diodes; and
(B) any other
technology of equal or greater energy efficiency;
(13) the development,
implementation, and installation on or in any government building of the Indian
tribe of onsite renewable energy technology that generates electricity from
renewable resources, including—
(A) solar
energy;
(B) wind
energy;
(C) fuel cells;
and
(D) biomass;
and
(14) any other
appropriate activity, as determined by the Secretary, in consultation
with—
(A) the Secretary of
the Interior;
(B) the Administrator
of the Environmental Protection Agency;
(C) the Secretary of
Transportation;
(D) the Secretary of
Housing and Urban Development; and
(E) Indian
tribes.
(f)
Grant
applications
(1)
In
general
(A)
Application
To
apply for a grant under this section, an Indian tribe shall submit to the
Secretary a proposed energy efficiency and conservation strategy in accordance
with this paragraph.
(B)
Contents
A
proposed strategy described in subparagraph (A) shall include a description
of—
(i) the
goals of the Indian tribe for increased energy efficiency and conservation in
the jurisdiction of the Indian tribe; and
(ii) the
manner in which—
(I) the proposed
strategy complies with the restrictions described in subsection (e); and
(II) a
grant will allow the Indian tribe fulfill the goals of the proposed
strategy.
(2)
Approval
(A)
In
general
The Secretary shall approve or disapprove a proposed
strategy under paragraph (1) by not later than 120 days after the date of
submission of the proposed strategy.
(B)
Disapproval
If
the Secretary disapproves a proposed strategy under paragraph (1)—
(i) the
Secretary shall provide to the Indian tribe the reasons for the disapproval;
and
(ii) the
Indian tribe may revise and resubmit the proposed strategy as many times as
necessary, until the Secretary approves a proposed strategy.
(C)
Requirement
The
Secretary shall not provide to an Indian tribe a grant under this section until
a proposed strategy is approved by the Secretary.
(3)
Limitations on
use of funds
Of the amounts provided to an Indian tribe under
this section, an Indian tribe may use for administrative expenses, excluding
the cost of the reporting requirements of this section, an amount equal to the
greater of—
(A) 10 percent of the
administrative expenses; or
(B) $75,000.
(4)
Annual
report
Not later than 2 years after the date on which funds are
initially provided to an Indian tribe under this section, and annually
thereafter, the Indian tribe shall submit to the Secretary a report
describing—
(A) the status of
development and implementation of the energy efficiency and conservation
strategy; and
(B) to the maximum extent
practicable, an assessment of energy efficiency gains within the jurisdiction
of the Indian
tribe.
.
II
Miscellaneous
amendments
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).
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
(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.
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.
(C)
Presumption
If the tribal organization requesting the grant is a tribally designated housing entity (as defined
in section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103)) that has operated without
material audit exceptions (or without any material audit exceptions that
were not corrected within a 3-year period), the Secretary shall presume
that the low-income members of the applicable Indian tribe would be
equally or better served by making a grant directly to the tribal
organization than by a grant made to the State in which the low-income
members reside.
;
(2) in paragraph
(2)—
(A) by striking
The sums and inserting Administration.—The amounts;
(B) by striking
on the basis of his determination;
(C) by striking
individuals for whom such a determination has been made and
inserting low-income members of the Indian tribe; and
(D) by striking
he and inserting the Secretary; and
(3) in paragraph (3),
by striking In order and inserting Application.—In
order.
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:
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).
.
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).
206.
Extension of tribal lease period for the Crow Tribe of Montana
Subsection (a) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended in
the second sentence by inserting , land held in trust for the Crow Tribe of Montana after Devils Lake Sioux Reservation.
207.
Trust status of lease payments
(a)
Definition of Secretary
In this section, the term Secretary means the Secretary of the Interior.
(b)
Treatment of lease payments
(1)
In general
Except as provided in paragraph (2) and at the request of the Indian tribe or individual Indian,
any advance payments, bid deposits, or other earnest money
received by the Secretary in connection with the review and Secretarial
approval under any other Federal law (including regulations) of a sale,
lease, permit, or any other conveyance of any interest in any trust or
restricted land of any Indian tribe or individual Indian shall, upon
receipt and prior to Secretarial approval of the contract or conveyance
instrument, be held in the trust fund system for the benefit of the Indian
tribe and individual Indian from whose land the funds were generated.
(2)
Restriction
If the advance payment, bid deposit, or other earnest money received by the Secretary results from
competitive bidding, upon selection of the successful bidder, only the
funds paid by the successful bidder shall be held in the trust fund
system.
(c)
Use of funds
(1)
In general
On the approval of the Secretary of a contract or other instrument for a sale, lease, permit, or
any other conveyance described in subsection (b)(1), the funds held in the
trust fund system and described in subsection (b), along with all income
generated from the investment of those funds, shall be disbursed to the
Indian tribe or individual Indian landowners.
(2)
Administration
If a contract or other instrument for a sale, lease, permit, or any other conveyance described in
subsection (b)(1) is not approved by the Secretary, the funds held in the
trust fund system and described in subsection (b), along with all income
generated from the investment of those funds, shall be paid to the party
identified in, and in such amount and on such terms as set out in, the
applicable regulations, advertisement, or other notice governing the
proposed conveyance of the interest in the land at issue.
(d)
Applicability
This section shall apply to any advance payment, bid deposit, or other earnest money received by
the Secretary in connection with the review and Secretarial approval under
any other Federal law (including regulations) of a sale, lease, permit, or
any other conveyance of any interest in any trust or restricted land of
any Indian tribe or individual Indian on or after the date of enactment
of this Act.
July 30, 2014Reported with an amendment