,,ii ,calendar ,no4 #eja #aacth ,,congress #b;d ,session ,s4 #bacb ,report ,no4 #aac-bbd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ac1 #bjad,mr4 ,barrasso 7for himself1 ,mr4 ,hoeven1 ,mr4 ,mc,cain1 ,mr4 ,thune1 ,mr4 ,enzi1 ,ms4 ,murkowski1 ,mr4 ,moran1 ,mr4 ,walsh1 ,mr4 ,tester1 ,mrs4 ,fischer1 and ,mr4 ,udall of ,colorado7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,july #cj1 #bjad,reported by ,mr4 ,tester1 with an amendment,strike 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 #bjje1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,,title ,i--,indian tribal energy development and self-determination act amendments,sec4 #aja4 ,indian tribal energy resource development4,sec4 #ajb4 ,indian tribal energy resource regulation4,sec4 #ajc4 ,tribal energy resource agreements4,sec4 #ajd4 ,technical assistance for ,indian tribal governments4,sec4 #aje4 ,conforming amendments4,,title ,,ii--,miscellaneous amendments,sec4 #bja4 ,issuance of preliminary permits or licenses4,sec4 #bjb4 ,tribal biomass demonstration project4,sec4 #bjc4 ,weatherization program4,sec4 #bjd4 ,appraisals4,sec4 #bje4 ,leases of restricted lands for ,navajo ,nation4 ,i ,indian tribal energy development and self-determination act amendments #aja4 ,indian tribal energy resource development 7a7 ,in general ,section #bfjb7;a7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,c71 by striking and after the semicolon2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 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 tribe4 2 and 7#b7 by adding at the end the following3 7#d7 ,planning 7,a7 ,in general ,in carrying out the program established by paragraph 7#a71 the ,secretary shall provide technical assistance to interested ,indian tribes to develop energy plans1 including-- 7i7 plans for electrification2 7ii7 plans for oil and gas permitting1 renewable energy permitting1 energy efficiency1 electricity generation1 transmission planning1 water planning1 and other planning relating to energy issues2 7iii7 plans for the development of energy resources and to ensure the protection of natural1 historic1 and cultural resources2 and 7iv7 any other plans that would assist an ,indian tribe in the development or use of energy resources4 7,b7 ,cooperation ,in establishing the program under paragraph 7#a71 the ,secretary shall work in cooperation with the ,office of ,indian ,energy ,policy and ,programs of the ,department of ,energy4 4 7b7 ,department of ,energy ,indian energy education planning and management assistance program ,section #bfjb7;b77#b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#b77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting 1 intertribal organization1 after ,indian tribe2 7#b7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 and 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 activities to increase the capacity of ,indian tribes to manage energy development and energy efficiency programs2 4 7c7 ,department of ,energy loan guarantee program ,section #bfjb7;c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;c77 is amended-- 7#a7 in paragraph 7#a71 by inserting or a tribal energy development organization after ,indian tribe2 7#b7 in paragraph 7#c7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking guarantee and inserting guaranteed2 7,b7 in subparagraph 7,a71 by striking or2 7,c7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7,d7 by adding at the end the following3 7,c7 a tribal energy development organization1 from funds of the tribal energy development organization4 2 and 7#c7 in paragraph 7#e71 by striking ,the ,secretary of ,energy may and inserting ,not later than #a year after the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad1 the ,secretary of ,energy shall4 #ajb4 ,indian tribal energy resource regulation ,section #bfjc7;c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejc7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking on the request of an ,indian tribe1 the ,indian tribe and inserting on the request of an ,indian tribe or a tribal energy development organization1 the ,indian tribe or tribal energy development organization2 and 7#b7 in paragraph 7#b77;,b71 by inserting or tribal energy development organization after ,indian tribe4 #ajc4 ,tribal energy resource agreements 7a7 ,amendment ,section #bfjd of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking or after the semicolon at the end2 7ii7 in subparagraph 7,b7-- 7,i7 by striking clause 7i7 and inserting the following3 7i7 an electric production1 generation1 transmission1 or distribution facility 7including a facility that produces electricity from renewable energy resources7 located on tribal land2 or 2 and 7,,ii7 in clause 7ii7-- 7aa7 by inserting 1 at least a portion of which have been after energy resources2 7bb7 by inserting or produced from after developed on2 and 7cc7 by striking and after the semicolon at the end and inserting or2 and 7iii7 by adding at the end the following3 7,c7 pooling1 unitization1 or communitization of the energy mineral resources of the ,indian tribe located on tribal land with any other energy mineral resource 7including energy mineral resources owned by the ,indian tribe or an individual ,indian in fee1 trust1 or restricted status or by any other persons or entities7 if the owner of the resources has consented or consents to the pooling1 unitization1 or communitization of the other resources under any lease or agreement2 and 2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 a lease or business agreement described in paragraph 7#a7 shall not require review by1 or the approval of1 the ,secretary under section #bajc of the ,revised ,statutes 7#be ,u4,s4,c4 #ha71 or any other provision of law1 if the lease or business agreement-- 7,a7 was executed-- 7i7 in accordance with the requirements of a tribal energy resource agreement in effect under subsection 7e7 7including the periodic review and evaluation of the activities of the ,indian tribe under the agreement1 to be conducted pursuant to subparagraphs 7,d7 and 7,e7 of subsection 7e77#b772 or 7ii7 by the ,indian tribe and a tribal energy development organization-- 7,i7 for which the ,indian tribe has obtained certification pursuant to subsection 7h72 and 7,,ii7 the majority of the interest in which is1 and continues to be throughout the full term or renewal term 7if any7 of the lease or business agreement1 owned and controlled by the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes72 and 7,b7 has a term that does not exceed-- 7i7 #cj years2 or 7ii7 in the case of a lease for the production of oil resources1 gas resources1 or both1 #aj years and as long thereafter as oil or gas is produced in paying quantities4 2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,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-- 7#a7 serves-- 7,a7 an electric production1 generation1 transmission1 or distribution facility 7including a facility that produces electricity from renewable energy resources7 located on tribal land2 7,b7 a facility located on tribal land that extracts1 produces1 processes1 or refines energy resources2 or 7,c7 the purposes1 or facilitates in carrying out the purposes1 of any lease or agreement entered into for energy resource development on tribal land2 and 7#b7 was executed-- 7,a7 in accordance with the requirements of a tribal energy resource agreement in effect under subsection 7e7 7including the periodic review and evaluation of the activities of the ,indian tribe under the agreement1 to be conducted pursuant to subparagraphs 7,d7 and 7,e7 of subsection 7e77#b772 or 7,b7 by the ,indian tribe and a tribal energy development organization-- 7i7 for which the ,indian tribe has obtained certification pursuant to subsection 7h72 and 7ii7 the majority of the interest in which is1 and continues to be throughout the full term or renewal term 7if any7 of the right-of-way1 owned and controlled by the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes72 and 7#c7 has a term that does not exceed #cj years4 2 7#c7 by striking subsection 7d7 and inserting the following3 7d7 ,validity ,no lease or business agreement entered into1 or right-of-way granted1 pursuant to this section shall be valid unless the lease1 business agreement1 or right-of-way is authorized by subsection 7a7 or 7b74 2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#b7-- 7i7 by striking 7#b77;,a7 and all that follows through the end of subparagraph 7,a7 and inserting the following3 7#b7 ,procedure 7,a7 ,effective date 7i7 ,in general ,on the date that is #bga days after the date on which the ,secretary receives a tribal energy resource agreement from an ,indian tribe under paragraph 7#a71 the tribal energy resource agreement shall take effect1 unless the ,secretary disapproves the tribal energy resource agreement under subparagraph 7,b74 7ii7 ,revised tribal energy resource agreement ,on the date that is #ia days after the date on which the ,secretary receives a revised tribal energy resource agreement from an ,indian tribe under paragraph 7#d77;,b71 the revised tribal energy resource agreement shall take effect1 unless the ,secretary disapproves the revised tribal energy resource agreement under subparagraph 7,b74 2 7ii7 in subparagraph 7,b7-- 7,i7 by striking 7,b7 and all that follows through if-- and inserting the following3 7,b7 ,disapproval ,the ,secretary shall disapprove a tribal energy resource agreement submitted pursuant to paragraph 7#a7 or 7#d77;,b7 only if-- 2 7,,ii7 by striking clause 7i7 and inserting the following3 7i7 the ,secretary determines that the ,indian tribe has not demonstrated that the ,indian tribe has sufficient capacity to regulate the development of the specific #a or more energy resources identified for development under the tribal energy resource agreement submitted by the ,indian tribe2 2 7,,iii7 by redesignating clause 7iii7 as clause 7iv7 and indenting appropriately2 7,,iv7 by striking clause 7ii7 and inserting the following3 7ii7 a provision of the tribal energy resource agreement would violate applicable ,federal law 7including regulations7 or a treaty applicable to the ,indian tribe2 7iii7 the tribal energy resource agreement does not include #a or more provisions required under subparagraph 7,d72 or 2 and 7,v7 in clause 7iv7 7as redesignated by subclause 7,,iii77-- 7aa7 in the matter preceding subclause 7,i71 by striking includes and all that follows through section-- and inserting does not include provisions that1 with respect to any lease1 business agreement1 or right-of-way to which the tribal energy resource agreement applies--2 and 7bb7 in subclause 7,,xvi77bb71 by striking or tribal2 7iii7 in subparagraph 7,c7-- 7,i7 in the matter preceding clause 7i71 by inserting the approval of after with respect to2 7,,ii7 by striking clause 7ii7 and inserting the following3 7ii7 the identification of mitigation measures1 if any1 that1 in the discretion of the ,indian tribe1 the ,indian tribe might propose for incorporation into the lease1 business agreement1 or right-of-way2 2 7,,iii7 in clause 7iii77,i71 by striking proposed action and inserting approval of the lease1 business agreement1 or right-of-way2 7,,iv7 in clause 7iv71 by striking and at the end2 7,v7 in clause 7v71 by striking the period at the end and inserting 2 and2 and 7,,vi7 by adding at the end the following3 7vi7 the identification of specific classes or categories of actions1 if any1 determined by the ,indian tribe not to have significant environmental effects4 2 7iv7 in subparagraph 7,d77ii71 by striking subparagraph 7,b77iii77,,xvi7 and inserting subparagraph 7,b77iv77,,xv72 and 7v7 by adding at the end the following3 7,f7 ,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 7including regulations71 unless the tribal energy resource agreement is-- 7i7 rescinded by the ,secretary pursuant to paragraph 7#g77;,d77iii77,,ii72 or 7ii7 voluntarily rescinded by the ,indian tribe pursuant to the regulations promulgated under paragraph 7#h77;,b7 7or successor regulations74 7,g7 7i7 ,the ,secretary shall make a capacity determination under subparagraph 7,b77i7 not later than #abj 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 7#a71 unless the ,secretary and the ,indian tribe mutually agree to an extension of the time period for making the determination4 7ii7 ,any determination that the ,indian tribe lacks the requisite capacity shall be treated as a disapproval under paragraph 7#d7 and1 not later than #aj days after the date of the determination1 the ,secretary shall provide to the ,indian tribe-- 7,i7 a detailed1 written explanation of each reason for the determination2 and 7,,ii7 a description of the steps that the ,indian tribe should take to demonstrate sufficient capacity4 7,h7 ,notwithstanding any other provision of this section1 an ,indian tribe shall be considered to have demonstrated sufficient capacity under subparagraph 7,b77i7 to regulate the development of the specific #a 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 7#a7 if-- 7i7 the ,secretary determines that-- 7,i7 the ,indian tribe has carried out a contract or compact under title ,i or ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq472 and 7,,ii7 for a period of not less than #c consecutive years ending on the date on which the ,indian tribe submits the tribal energy resource agreement of the ,indian tribe pursuant to paragraph 7#a7 or 7#d77;,b71 the contract or compact-- 7aa7 has been carried out by the ,indian tribe without material audit exceptions 7or without any material audit exceptions that were not corrected within the #c-year period72 and 7bb7 has included programs or activities relating to the management of tribal land2 or 7ii7 the ,secretary fails to make the determination within the time allowed under subparagraph 7,g77i7 7including any extension of time agreed to under that subparagraph74 2 7,b7 in paragraph 7#d71 by striking date of disapproval and all that follows through the end of subparagraph 7,c7 and inserting the following3 date of disapproval1 provide the ,indian tribe with-- 7,a7 a detailed1 written explanation of-- 7i7 each reason for the disapproval2 and 7ii7 the revisions or changes to the tribal energy resource agreement necessary to address each reason2 and 7,b7 an opportunity to revise and resubmit the tribal energy resource agreement4 2 7,c7 in paragraph 7#f7-- 7i7 in subparagraph 7,b7-- 7,i7 by striking 7,b7 ,subject to and inserting the following3 7,b7 ,subject only to 2 and 7,,ii7 by striking subparagraph 7,d7 and inserting subparagraphs 7,c7 and 7,d72 7ii7 in subparagraph 7,c71 in the matter preceding clause 7i71 by inserting to perform the obligations of the ,secretary under this section and before to ensure2 and 7iii7 in subparagraph 7,d71 by adding at the end the following3 7iii7 ,nothing in this section absolves1 limits1 or otherwise affects the liability1 if any1 of the ,united ,states for any-- 7,i7 term of any lease1 business agreement1 or right-of-way under this section that is not a negotiated term2 or 7,,ii7 losses that are not the result of a negotiated term1 including losses resulting from the failure of the ,secretary to perform an obligation of the ,secretary under this section4 2 and 7,d7 in paragraph 7#g7-- 7i7 in subparagraph 7,a71 by striking has demonstrated and inserting the ,secretary determines has demonstrated with substantial evidence2 7ii7 in subparagraph 7,b71 by striking any tribal remedy and inserting all remedies 7if any7 provided under the laws of the ,indian tribe2 7iii7 in subparagraph 7,d7-- 7,i7 in clause 7i71 by striking determine and all that follows through the end of the clause and inserting the following3 determine-- 7,i7 whether the petitioner is an interested party2 and 7,,ii7 if the petitioner is an interested party1 whether the ,indian tribe is not in compliance with the tribal energy resource agreement as alleged in the petition4 2 7,,ii7 in clause 7ii71 by striking determination and inserting determinations2 and 7,,iii7 in clause 7iii71 in the matter preceding subclause 7,i7 by striking agreement the first place it appears and all that follows through 1 including and inserting agreement pursuant to clause 7i71 the ,secretary shall only take such action as the ,secretary determines necessary to address the claims of noncompliance made in the petition1 including2 7iv7 in subparagraph 7,e77i71 by striking the manner in which and inserting 1 with respect to each claim made in the petition1 how2 and 7v7 by adding at the end the following3 7,g7 ,notwithstanding any other provision of this paragraph1 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 party4 2 7#e7 by redesignating subsection 7g7 as subsection 7j72 and 7#f7 by inserting after subsection 7f7 the following3 7g7 ,financial assistance in lieu of activities by the ,secretary 7#a7 ,in general ,any amounts that the ,secretary would otherwise expend to operate or carry out any program1 function1 service1 or activity 7or any portion of a program1 function1 service1 or activity7 of the ,department that1 as a result of an ,indian tribe carrying out activities under a tribal energy resource agreement1 the ,secretary does not expend1 the ,secretary shall1 at the request of the ,indian tribe1 make available to the ,indian tribe in accordance with this subsection4 7#b7 ,annual funding agreements ,the ,secretary shall make the amounts described in paragraph 7#a7 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 agreement4 7#c7 ,effect of appropriations ,notwithstanding paragraph 7#a7-- 7,a7 the provision of amounts to an ,indian tribe under this subsection is subject to the availability of appropriations2 and 7,b7 the ,secretary shall not be required to reduce amounts for programs1 functions1 services1 or activities that serve any other ,indian tribe to make amounts available to an ,indian tribe under this subsection4 7#d7 ,determination 7,a7 ,in general ,the ,secretary shall calculate the amounts under paragraph 7#a7 in accordance with the regulations adopted under section #ajc7;b7 of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad4 7,b7 ,applicability ,the effective date or implementation of a tribal energy resource agreement under this section shall not be delayed or otherwise affected by-- 7i7 a delay in the promulgation of regulations under section #ajc7;b7 of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad2 7ii7 the period of time needed by the ,secretary to make the calculation required under paragraph 7#a72 or 7iii7 the adoption of a funding agreement under paragraph 7#b74 7h7 ,certification of tribal energy development organization 7#a7 ,in general ,not later than #ij 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 #ajc7;b7 of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad1 the ,secretary shall approve or disapprove the application4 7#b7 ,requirements ,the ,secretary shall approve an application for certification if-- 7,a7 7i7 the ,indian tribe has carried out a contract or compact under title ,i or ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq472 and 7ii7 for a period of not less than #c consecutive years ending on the date on which the ,indian tribe submits the application1 the contract or compact-- 7,i7 has been carried out by the ,indian tribe without material audit exceptions 7or without any material audit exceptions that were not corrected within the #c-year period72 and 7,,ii7 has included programs or activities relating to the management of tribal land2 and 7,b7 7i7 the tribal energy development organization is organized under the laws of the ,indian tribe and subject to the jurisdiction and authority of the ,indian tribe2 7ii7 the majority of the interest in the tribal energy development organization is owned and controlled by the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes72 and 7iii7 the organizing document of the tribal energy development organization requires that the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes7 own and control at all times a majority of the interest in the tribal energy development organization4 7#c7 ,action by ,secretary ,if the ,secretary approves an application for certification pursuant to paragraph 7#b71 the ,secretary shall1 not more than #aj days after making the determination-- 7,a7 issue a certification stating that-- 7i7 the tribal energy development organization is organized under the laws of the ,indian tribe and subject to the jurisdiction and authority of the ,indian tribe2 7ii7 the majority of the interest in the tribal energy development organization is owned and controlled by the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes72 7iii7 the organizing document of the tribal energy development organization requires that the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes7 own and control at all times a majority of the interest in the tribal energy development organization2 and 7iv7 the certification is issued pursuant this subsection2 7,b7 deliver a copy of the certification to the ,indian tribe2 and 7,c7 publish the certification in the ,federal ,register4 7i7 ,sovereign immunity ,nothing in this section waives the sovereign immunity of an ,indian tribe4 4 7b7 ,regulations ,not later than #a year after the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad1 the ,secretary shall promulgate or update any regulations that are necessary to implement this section1 including provisions to implement-- 7#a7 section #bfjd7;g7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7;g77 including the manner in which the ,secretary1 at the request of an ,indian tribe1 shall-- 7,a7 identify the programs1 functions1 services1 and activities 7or any portions of programs1 functions1 services1 or activities7 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 agreement2 7,b7 identify the amounts that the ,secretary would have otherwise expended to operate or carry out each program1 function1 service1 and activity 7or any portion of a program1 function1 service1 or activity7 identified pursuant to subparagraph 7,a72 and 7,c7 provide to the ,indian tribe a list of the programs1 functions1 services1 and activities 7or any portions of programs1 functions1 services1 or activities7 identified pursuant subparagraph 7,a7 and the amounts associated with each program1 function1 service1 and activity 7or any portion of a program1 function1 service1 or activity7 identified pursuant to subparagraph 7,b72 and 7#b7 section #bfjd7;h7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7;h771 including the process to be followed by1 and any applicable criteria and documentation required for1 an ,indian tribe to request and obtain the certification described in that section4 #ajd4 ,technical assistance for ,indian tribal governments ,section #bfjb7;b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#d7 through 7#g71 respectively2 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,technical and scientific resources ,in addition to providing grants to ,indian tribes under this subsection1 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 projects4 4 #aje4 ,conforming amendments 7a7 ,definition of tribal energy development organization ,section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja7 is amended by striking paragraph 7#aa7 and inserting the following3 7#aa7 ,the term tribal energy development organization means-- 7,a7 any enterprise1 partnership1 consortium1 corporation1 or other type of business organization that is engaged in the development of energy resources and is wholly owned by an ,indian tribe 7including an organization incorporated pursuant to section #ag of the ,indian ,reorganization ,act of #aicd 7#be ,u4,s4,c4 #dgg7 or section #c of the ,act of ,june #bf1 #aicf 7#be ,u4,s4,c4 #ejc7 7commonly known as the ,oklahoma ,indian ,welfare ,act772 or 7,b7 any organization of #b or more entities1 at least #a of which is an ,indian tribe1 that has the written consent of the governing bodies of all ,indian tribes participating in the organization to apply for a grant1 loan1 or other assistance under section #bfjb or to enter into a lease or business agreement with1 or acquire a right-of-way from1 an ,indian tribe pursuant to subsection 7a77#b77;,a77ii7 or 7b77#b77;,b7 of section #bfjd4 4 7b7 ,indian tribal energy resource development ,section #bfjb of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking tribal energy resource development organizations and inserting tribal energy development organizations2 and 7,b7 in paragraph 7#b71 by striking tribal energy resource development organizations each place it appears and inserting tribal energy development organizations2 and 7#b7 in subsection 7b77#b71 by striking tribal energy resource development organization and inserting tribal energy development organization4 7c7 ,wind and hydropower feasibility study ,section #bfjf7;c77#c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejf7;c77#c77 is amended by striking energy resource development and inserting energy development4 7d7 ,conforming amendments ,section #bfjd7;e7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7;e77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking 7#a7 ,on the date and inserting the following3 7#a7 ,in general ,on the date 2 and 7,b7 by striking for approval2 7#b7 in paragraph 7#b77;,b77iv7 7as redesignated by section #d7;a77#d77;,a77ii77,,iii77-- 7,a7 in subclause 7,,xiv71 by inserting and after the semicolon at the end2 7,b7 by striking subclause 7,,xv72 and 7,c7 by redesignating subclause 7,,xvi7 as subclause 7,,xv72 7#c7 in paragraph 7#c7-- 7,a7 by striking 7#c7 ,the ,secretary and inserting the following3 7#c7 ,notice and comment2 ,secretarial review ,the ,secretary 2 and 7,b7 by striking for approval2 7#d7 in paragraph 7#d71 by striking 7#d7 ,if the ,secretary and inserting the following3 7#d7 ,action in case of disapproval ,if the ,secretary 2 7#e7 in paragraph 7#e7-- 7,a7 by striking 7#e7 ,if an ,indian tribe and inserting the following3 7#e7 ,provision of documents to ,secretary ,if an ,indian tribe 2 and 7,b7 in the matter preceding subparagraph 7,a71 by striking approved and inserting in effect2 7#f7 in paragraph 7#f7-- 7,a7 by striking 7#f77;,a7 ,in carrying out and inserting the following3 7#f7 ,secretarial obligations and effect of section 7,a7 ,in carrying out 2 7,b7 in subparagraph 7,a71 by indenting clauses 7i7 and 7ii7 appropriately2 7,c7 in subparagraph 7,b71 by striking approved and inserting in effect2 and 7,d7 in subparagraph 7,d7-- 7i7 in clause 7i71 by striking an approved tribal energy resource agreement and inserting a tribal energy resource agreement in effect under this section2 and 7ii7 in clause 7ii71 by striking approved by the ,secretary and inserting in effect2 and 7#g7 in paragraph 7#g7-- 7,a7 by striking 7#g77;,a7 ,in this paragraph and inserting the following3 7#g7 ,petitions by interested parties 7,a7 ,in this paragraph 2 7,b7 in subparagraph 7,a71 by striking approved by the ,secretary and inserting in effect2 7,c7 in subparagraph 7,b71 by striking approved by the ,secretary and inserting in effect2 and 7,d7 in subparagraph 7,d77iii7-- 7i7 in subclause 7,i71 by striking approved2 and 7ii7 in subclause 7,,ii7-- 7,i7 by striking approval of in the first place it appears2 and 7,,ii7 by striking subsection 7a7 or 7b7 and inserting subsection 7a77#b77;,a77i7 or 7b77#b77;,a74 ,,ii ,miscellaneous amendments #bja4 ,issuance of preliminary permits or licenses 7a7 ,in general ,section #g7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjj7;a77 is amended by striking ,states and municipalities and inserting ,states1 ,indian tribes1 and municipalities4 7b7 ,applicability ,the amendment made by subsection 7a7 shall not affect-- 7#a7 any preliminary permit or original license issued before the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad2 or 7#b7 an application for an original license1 if the ,commission has issued a notice accepting that application for filing pursuant to section #d4cb7;d7 of title #ah1 ,code of ,federal ,regulations 7or successor regulations71 before the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad4 7c7 ,definition of ,indian tribe ,for purposes of section #g7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjj7;a77 7as amended by subsection 7a771 the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 #bjb4 ,tribal biomass demonstration project 7a7 ,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 production4 7b7 ,tribal biomass demonstration project ,the ,tribal ,forest ,protection ,act of #bjjd 7,public ,law #ajh-bgh2 #aah ,stat4 #hfh7 is amended-- 7#a7 in section #b7;a71 by striking ,in this section and inserting ,in this ,act2 and 7#b7 by adding at the end the following3 #c4 ,tribal biomass demonstration project 7a7 ,stewardship contracts or similar agreements ,for each of fiscal years #bjae through #bjai1 the ,secretary shall enter into stewardship contracts or similar agreements 7excluding direct service contracts7 with ,indian tribes to carry out demonstration projects to promote biomass energy production 7including biofuel1 heat1 and electricity generation7 on ,indian forest land and in nearby communities by providing reliable supplies of woody biomass from ,federal land4 7b7 ,demonstration projects ,in each fiscal year for which projects are authorized1 at least #d new demonstration projects that meet the eligibility criteria described in subsection 7c7 shall be carried out under contracts or agreements described in subsection 7a74 7c7 ,eligibility criteria ,to be eligible to enter into a contract or agreement under this section1 an ,indian tribe shall submit to the ,secretary an application-- 7#a7 containing such information as the ,secretary may require2 and 7#b7 that includes a description of-- 7,a7 the ,indian forest land or rangeland under the jurisdiction of the ,indian tribe2 and 7,b7 the demonstration project proposed to be carried out by the ,indian tribe4 7d7 ,selection ,in evaluating the applications submitted under subsection 7c71 the ,secretary shall-- 7#a7 take into consideration-- 7,a7 the factors set forth in paragraphs 7#a7 and 7#b7 of section #b7;e72 and 7,b7 whether a proposed project would-- 7i7 increase the availability or reliability of local or regional energy2 7ii7 enhance the economic development of the ,indian tribe2 7iii7 result in or improve the connection of electric power transmission facilities serving the ,indian tribe with other electric transmission facilities2 7iv7 improve the forest health or watersheds of ,federal land or ,indian forest land or rangeland2 7v7 demonstrate new investments in infrastructure2 or 7vi7 otherwise promote the use of woody biomass2 and 7#b7 exclude from consideration any merchantable logs that have been identified by the ,secretary for commercial sale4 7e7 ,implementation ,the ,secretary shall-- 7#a7 ensure that the criteria described in subsection 7c7 are publicly available by not later than #abj days after the date of enactment of this section2 and 7#b7 to the maximum extent practicable1 consult with ,indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section4 7f7 ,report ,not later than ,september #bj1 #bjag1 the ,secretary shall submit to ,congress a report that describes1 with respect to the reporting period-- 7#a7 each individual tribal application received under this section2 and 7#b7 each contract and agreement entered into pursuant to this section4 7g7 ,incorporation of management plans ,in carrying out a contract or agreement under this section1 on receipt of a request from an ,indian tribe1 the ,secretary shall incorporate into the contract or agreement1 to the maximum extent practicable1 management plans 7including forest management and integrated resource management plans7 in effect on the ,indian forest land or rangeland of the respective ,indian tribe4 7h7 ,term ,a contract or agreement entered into under this section-- 7#a7 shall be for a term of not more than #bj years2 and 7#b7 may be renewed in accordance with this section for not more than an additional #aj years4 4 7c7 ,alaska ,native ,corporation biomass demonstration project 7#a7 ,definitions ,in this subsection3 7,a7 ,alaska ,native corporation ,the term ,alaska ,native corporation has the meaning given the term ,native ,corporation in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7,b7 ,federal land ,the term ,federal land means-- 7i7 land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a777 administered by the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 and 7ii7 public lands 7as defined in section #ajc of the ,federal ,land ,policy ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb771 the surface of which is administered by the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management4 7,c7 ,forest land ,the term forest land means land that-- 7i7 is conveyed to an ,alaska ,native corporation pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq472 and 7ii7 7,i7 is considered chiefly valuable for the production of forest products or to maintain watershed or other land values enhanced by a forest cover 7including commercial and noncommercial timberland and woodland71 regardless of whether a formal inspection and land classification action has been taken2 or 7,,ii7 formerly had a forest or vegetative cover that is capable of restoration4 7,d7 ,secretary ,the term ,secretary means-- 7i7 the ,secretary of ,agriculture1 with respect to land under the jurisdiction of the ,forest ,service2 and 7ii7 the ,secretary of the ,interior1 with respect to land under the jurisdiction of the ,bureau of ,land ,management4 7#b7 ,agreements ,for each of fiscal years #bjae through #bjai1 the ,secretary shall enter into a stewardship contract or similar agreement 7excluding a direct service contract7 with #a or more ,alaska ,native corporations to carry out a demonstration project to promote biomass energy production 7including biofuel1 heat1 and electricity generation7 on forest land of the ,alaska ,native corporations and in nearby communities by providing reliable supplies of woody biomass from ,federal land4 7#c7 ,demonstration projects ,in each fiscal year for which projects are authorized1 at least #a new demonstration project that meets the eligibility criteria described in paragraph 7#d7 shall be carried out under contracts or agreements described in paragraph 7#b74 7#d7 ,eligibility criteria ,to be eligible to enter into a contract or agreement under this subsection1 an ,alaska ,native corporation shall submit to the ,secretary an application-- 7,a7 containing such information as the ,secretary may require2 and 7,b7 that includes a description of-- 7i7 the forest land or rangeland under the jurisdiction of the ,alaska ,native corporation2 and 7ii7 the demonstration project proposed to be carried out by the ,alaska ,native corporation4 7#e7 ,selection ,in evaluating the applications submitted under paragraph 7#d71 the ,secretary shall-- 7,a7 take into consideration whether a proposed project would-- 7i7 increase the availability or reliability of local or regional energy2 7ii7 enhance the economic development of the ,alaska ,native corporation2 7iii7 result in or improve the connection of electric power transmission facilities serving the ,alaska ,native corporation with other electric transmission facilities2 7iv7 improve the forest health or watersheds of ,federal land or ,alaska ,native corporation forest land or rangeland2 7v7 demonstrate new investments in infrastructure2 or 7vi7 otherwise promote the use of woody biomass2 and 7,b7 exclude from consideration any merchantable logs that have been identified by the ,secretary for commercial sale4 7#f7 ,implementation ,the ,secretary shall-- 7,a7 ensure that the criteria described in paragraph 7#d7 are publicly available by not later than #abj days after the date of enactment of this subsection2 and 7,b7 to the maximum extent practicable1 consult with ,alaska ,native corporations and appropriate ,alaska ,native organizations likely to be affected in developing the application and otherwise carrying out this subsection4 7#g7 ,report ,not later than ,september #bj1 #bjag1 the ,secretary shall submit to ,congress a report that describes1 with respect to the reporting period-- 7,a7 each individual application received under this subsection2 and 7,b7 each contract and agreement entered into pursuant to this subsection4 7#h7 ,term ,a contract or agreement entered into under this subsection-- 7,a7 shall be for a term of not more than #bj years2 and 7,b7 may be renewed in accordance with this subsection for not more than an additional #aj years4 #bjc4 ,weatherization program ,section #dac7;d7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfc7;d77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,reservation of amounts 7,a7 ,in general ,subject to subparagraph 7,b7 and notwithstanding any other provision of this part1 the ,secretary shall reserve from amounts that would otherwise be allocated to a ,state under this part not less than #ajj percent1 but not more than #aej percent1 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 ,state4 7,b7 ,restrictions ,subparagraph 7,a7 shall apply only if-- 7i7 the tribal organization serving the low-income members of the applicable ,indian tribe requests that the ,secretary make a grant directly2 and 7ii7 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 reside4 2 7#b7 in paragraph 7#b7-- 7,a7 by striking ,the sums and inserting ,administration4--,the amounts2 7,b7 by striking on the basis of his determination2 7,c7 by striking individuals for whom such a determination has been made and inserting low-income members of the ,indian tribe2 and 7,d7 by striking he and inserting the ,secretary2 and 7#c7 in paragraph 7#c71 by striking ,in order and inserting ,application4--,in order4 #bjd4 ,appraisals 7a7 ,in general ,title ,,xxvi of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja et seq47 is amended by adding at the end the following3 #bfjg4 ,appraisals 7a7 ,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 alienation1 any appraisal relating to fair market value of those resources required to be prepared under applicable law may be prepared by-- 7#a7 the ,secretary2 7#b7 the affected ,indian tribe2 or 7#c7 a certified1 third-party appraiser pursuant to a contract with the ,indian tribe4 7b7 ,secretarial review and approval ,not later than #de days after the date on which the ,secretary receives an appraisal prepared by or for an ,indian tribe under paragraph 7#b7 or 7#c7 of subsection 7a71 the ,secretary shall-- 7#a7 review the appraisal2 and 7#b7 approve the appraisal unless the ,secretary determines that the appraisal fails to meet the standards set forth in regulations promulgated under subsection 7d74 7c7 ,notice of ,disapproval ,if the ,secretary determines that an appraisal submitted for approval under subsection 7b7 should be disapproved1 the ,secretary shall give written notice of the disapproval to the ,indian tribe and a description of-- 7#a7 each reason for the disapproval2 and 7#b7 how the appraisal should be corrected or otherwise cured to meet the applicable standards set forth in the regulations promulgated under subsection 7d74 7d7 ,regulations ,the ,secretary shall promulgate regulations to carry out this section1 including standards the ,secretary shall use for approving or disapproving the appraisal described in subsection 7a74 4 #bje4 ,leases of restricted lands for ,navajo ,nation 7a7 ,in general ,subsection 7e77#a7 of the first section of the ,act of ,august #i1 #aiee 7commonly known as the ,long-,term ,leasing ,act7 7#be ,u4,s4,c4 #dae7;e77#a771 is amended-- 7#a7 by striking 1 except a lease for and inserting 1 including a lease for2 7#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 in the case of a business or agricultural lease1 #ii years2 2 7#c7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7,c7 in the case of a lease for the exploration1 development1 or extraction of any mineral resource 7including geothermal resources71 #be years1 except that-- 7i7 any such lease may include an option to renew for #a additional term of not to exceed #be years2 and 7ii7 any such lease for the exploration1 development1 or extraction of an oil or gas resource shall be for a term of not to exceed #aj years1 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 quantity4 4 7b7 ,,gao report ,not later than #e years after the date of enactment of this ,act1 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 7a77#d74 #a4 ,short title ,this ,act may be cited as the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,,title ,i--,indian tribal energy development and self-determination act amendments,sec4 #aja4 ,indian tribal energy resource development4,sec4 #ajb4 ,indian tribal energy resource regulation4,sec4 #ajc4 ,tribal energy resource agreements4,sec4 #ajd4 ,technical assistance for ,indian tribal governments4,sec4 #aje4 ,conforming amendments4,sec4 #ajf4 ,indian energy efficiency4,,title ,,ii--,miscellaneous amendments,sec4 #bja4 ,issuance of preliminary permits or licenses4,sec4 #bjb4 ,tribal biomass demonstration project4,sec4 #bjc4 ,weatherization program4,sec4 #bjd4 ,appraisals4,sec4 #bje4 ,leases of restricted lands for ,navajo ,nation4,sec4 #bjf4 ,extension of tribal lease period for the ,crow ,tribe of ,montana4,sec4 #bjg4 ,trust status of lease payments4 ,i ,indian tribal energy development and self-determination act amendments #aja4 ,indian tribal energy resource development 7a7 ,in general ,section #bfjb7;a7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,c71 by striking and after the semicolon2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 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 tribe4 2 and 7#b7 by adding at the end the following3 7#d7 ,planning 7,a7 ,in general ,in carrying out the program established by paragraph 7#a71 the ,secretary shall provide technical assistance to interested ,indian tribes to develop energy plans1 including-- 7i7 plans for electrification2 7ii7 plans for oil and gas permitting1 renewable energy permitting1 energy efficiency1 electricity generation1 transmission planning1 water planning1 and other planning relating to energy issues2 7iii7 plans for the development of energy resources and to ensure the protection of natural1 historic1 and cultural resources2 and 7iv7 any other plans that would assist an ,indian tribe in the development or use of energy resources4 7,b7 ,cooperation ,in establishing the program under paragraph 7#a71 the ,secretary shall work in cooperation with the ,office of ,indian ,energy ,policy and ,programs of the ,department of ,energy4 4 7b7 ,department of ,energy ,indian energy education planning and management assistance program ,section #bfjb7;b77#b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#b77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting 1 intertribal organization1 after ,indian tribe2 7#b7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 and 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 activities to increase the capacity of ,indian tribes to manage energy development and energy efficiency programs2 4 7c7 ,department of ,energy loan guarantee program ,section #bfjb7;c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;c77 is amended-- 7#a7 in paragraph 7#a71 by inserting or a tribal energy development organization after ,indian tribe2 7#b7 in paragraph 7#c7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking guarantee and inserting guaranteed2 7,b7 in subparagraph 7,a71 by striking or2 7,c7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7,d7 by adding at the end the following3 7,c7 a tribal energy development organization1 from funds of the tribal energy development organization4 2 and 7#c7 in paragraph 7#e71 by striking ,the ,secretary of ,energy may and inserting ,not later than #a year after the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad1 the ,secretary of ,energy shall4 #ajb4 ,indian tribal energy resource regulation ,section #bfjc7;c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejc7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking on the request of an ,indian tribe1 the ,indian tribe and inserting on the request of an ,indian tribe or a tribal energy development organization1 the ,indian tribe or tribal energy development organization2 and 7#b7 in paragraph 7#b77;,b71 by inserting or tribal energy development organization after ,indian tribe4 #ajc4 ,tribal energy resource agreements 7a7 ,amendment ,section #bfjd of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking or after the semicolon at the end2 7ii7 in subparagraph 7,b7-- 7,i7 by striking clause 7i7 and inserting the following3 7i7 an electric production1 generation1 transmission1 or distribution facility 7including a facility that produces electricity from renewable energy resources7 located on tribal land2 or 2 and 7,,ii7 in clause 7ii7-- 7aa7 by inserting 1 at least a portion of which have been after energy resources2 7bb7 by inserting or produced from after developed on2 and 7cc7 by striking and after the semicolon at the end and inserting or2 and 7iii7 by adding at the end the following3 7,c7 pooling1 unitization1 or communitization of the energy mineral resources of the ,indian tribe located on tribal land with any other energy mineral resource 7including energy mineral resources owned by the ,indian tribe or an individual ,indian in fee1 trust1 or restricted status or by any other persons or entities7 if the owner of the resources has consented or consents to the pooling1 unitization1 or communitization of the other resources under any lease or agreement2 and 2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 a lease or business agreement described in paragraph 7#a7 shall not require review by1 or the approval of1 the ,secretary under section #bajc of the ,revised ,statutes 7#be ,u4,s4,c4 #ha71 or any other provision of law1 if the lease or business agreement-- 7,a7 was executed-- 7i7 in accordance with the requirements of a tribal energy resource agreement in effect under subsection 7e7 7including the periodic review and evaluation of the activities of the ,indian tribe under the agreement1 to be conducted pursuant to subparagraphs 7,d7 and 7,e7 of subsection 7e77#b772 or 7ii7 by the ,indian tribe and a tribal energy development organization-- 7,i7 for which the ,indian tribe has obtained certification pursuant to subsection 7h72 and 7,,ii7 the majority of the interest in which is1 and continues to be throughout the full term or renewal term 7if any7 of the lease or business agreement1 owned and controlled by the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes the tribal land of which is being developed72 and 7,b7 has a term that does not exceed-- 7i7 #cj years2 or 7ii7 in the case of a lease for the production of oil resources1 gas resources1 or both1 #aj years and as long thereafter as oil or gas is produced in paying quantities4 2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,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-- 7#a7 serves-- 7,a7 an electric production1 generation1 transmission1 or distribution facility 7including a facility that produces electricity from renewable energy resources7 located on tribal land2 7,b7 a facility located on tribal land that extracts1 produces1 processes1 or refines energy resources2 or 7,c7 the purposes1 or facilitates in carrying out the purposes1 of any lease or agreement entered into for energy resource development on tribal land2 and 7#b7 was executed-- 7,a7 in accordance with the requirements of a tribal energy resource agreement in effect under subsection 7e7 7including the periodic review and evaluation of the activities of the ,indian tribe under the agreement1 to be conducted pursuant to subparagraphs 7,d7 and 7,e7 of subsection 7e77#b772 or 7,b7 by the ,indian tribe and a tribal energy development organization-- 7i7 for which the ,indian tribe has obtained certification pursuant to subsection 7h72 and 7ii7 the majority of the interest in which is1 and continues to be throughout the full term or renewal term 7if any7 of the right-of-way1 owned and controlled by the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes the tribal land of which is being developed72 and 7#c7 has a term that does not exceed #cj years4 2 7#c7 by striking subsection 7d7 and inserting the following3 7d7 ,validity ,no lease or business agreement entered into1 or right-of-way granted1 pursuant to this section shall be valid unless the lease1 business agreement1 or right-of-way is authorized by subsection 7a7 or 7b74 2 7#d7 in subsection 7e7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,on or after the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad1 an ,indian tribe may submit to the ,secretary a tribal energy resource agreement governing leases1 business agreements1 and rights-of-way under this section4 2 7,b7 in paragraph 7#b7-- 7i7 by striking 7#b77;,a7 and all that follows through the end of subparagraph 7,a7 and inserting the following3 7#b7 ,procedure 7,a7 ,effective date 7i7 ,in general ,on the date that is #bga days after the date on which the ,secretary receives a tribal energy resource agreement from an ,indian tribe under paragraph 7#a71 the tribal energy resource agreement shall take effect1 unless the ,secretary disapproves the tribal energy resource agreement under subparagraph 7,b74 7ii7 ,revised tribal energy resource agreement ,on the date that is #ia days after the date on which the ,secretary receives a revised tribal energy resource agreement from an ,indian tribe under paragraph 7#d77;,b71 the revised tribal energy resource agreement shall take effect1 unless the ,secretary disapproves the revised tribal energy resource agreement under subparagraph 7,b74 2 7ii7 in subparagraph 7,b7-- 7,i7 by striking 7,b7 and all that follows through if-- and inserting the following3 7,b7 ,disapproval ,the ,secretary shall disapprove a tribal energy resource agreement submitted pursuant to paragraph 7#a7 or 7#d77;,b7 only if-- 2 7,,ii7 by striking clause 7i7 and inserting the following3 7i7 the ,secretary determines that the ,indian tribe has not demonstrated that the ,indian tribe has sufficient capacity to regulate the development of the specific #a or more energy resources identified for development under the tribal energy resource agreement submitted by the ,indian tribe2 2 7,,iii7 by redesignating clause 7iii7 as clause 7iv7 and indenting appropriately2 7,,iv7 by striking clause 7ii7 and inserting the following3 7ii7 a provision of the tribal energy resource agreement would violate applicable ,federal law 7including regulations7 or a treaty applicable to the ,indian tribe2 7iii7 the tribal energy resource agreement does not include #a or more provisions required under subparagraph 7,d72 or 2 and 7,v7 in clause 7iv7 7as redesignated by subclause 7,,iii77-- 7aa7 in the matter preceding subclause 7,i71 by striking includes and all that follows through section-- and inserting does not include provisions that1 with respect to any lease1 business agreement1 or right-of-way to which the tribal energy resource agreement applies--2 and 7bb7 in subclause 7,,xvi77bb71 by striking or tribal2 7iii7 in subparagraph 7,c7-- 7,i7 in the matter preceding clause 7i71 by inserting the approval of after with respect to2 7,,ii7 by striking clause 7ii7 and inserting the following3 7ii7 the identification of mitigation measures1 if any1 that1 in the discretion of the ,indian tribe1 the ,indian tribe might propose for incorporation into the lease1 business agreement1 or right-of-way2 2 7,,iii7 in clause 7iii77,i71 by striking proposed action and inserting approval of the lease1 business agreement1 or right-of-way2 7,,iv7 in clause 7iv71 by striking and at the end2 7,v7 in clause 7v71 by striking the period at the end and inserting 2 and2 and 7,,vi7 by adding at the end the following3 7vi7 the identification of specific classes or categories of actions1 if any1 determined by the ,indian tribe not to have significant environmental effects4 2 7iv7 in subparagraph 7,d77ii71 by striking subparagraph 7,b77iii77,,xvi7 and inserting subparagraph 7,b77iv77,,xv72 and 7v7 by adding at the end the following3 7,f7 ,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 7including regulations71 unless the tribal energy resource agreement is-- 7i7 rescinded by the ,secretary pursuant to paragraph 7#g77;,d77iii77,,ii72 or 7ii7 voluntarily rescinded by the ,indian tribe pursuant to the regulations promulgated under paragraph 7#h77;,b7 7or successor regulations74 7,g7 7i7 ,the ,secretary shall make a preliminary capacity determination under subparagraph 7,b77i7 not later than #abj 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 7#a71 unless the ,secretary and the ,indian tribe mutually agree to an extension of the time period for making the determination4 7ii7 ,any determination 7including any preliminary determination7 that the ,indian tribe lacks the requisite capacity shall be treated as a disapproval under paragraph 7#d7 and1 not later than #aj days after the date of the determination1 the ,secretary shall provide to the ,indian tribe-- 7,i7 a detailed1 written explanation of each reason for the determination2 and 7,,ii7 a description of the steps that the ,indian tribe should take to demonstrate sufficient capacity4 7,h7 ,notwithstanding any other provision of this section1 an ,indian tribe shall be considered to have demonstrated sufficient capacity under subparagraph 7,b77i7 to regulate the development of the specific #a 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 7#a7 if-- 7i7 the ,secretary determines that-- 7,i7 7aa7 the ,indian tribe has carried out a contract or compact under title ,i or ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq472 and 7bb7 for a period of not less than #c consecutive years ending on the date on which the ,indian tribe submits the tribal energy resource agreement of the ,indian tribe pursuant to paragraph 7#a7 or 7#d77;,b71 the contract or compact-- 7,,aa7 has been carried out by the ,indian tribe without material audit exceptions 7or without any material audit exceptions that were not corrected within the #c-year period72 and 7,,bb7 has included programs or activities relating to the management of the environment1 tribal land1 realty1 or natural resources2 or 7,,ii7 the ,indian tribe has carried out approval of surface leases under subsection 7h7 of the first section of the ,act of ,august #i1 #aiee 7commonly known as the ,long-,term ,leasing ,act7 7#be ,u4,s4,c4 #dae7;h77 for the previous calendar year without a finding of a compliance violation under paragraph 7#h77;,b7 of that subsection2 or 7ii7 the ,secretary fails to make the preliminary determination within the time allowed under subparagraph 7,g77i7 7including any extension of time agreed to under that subparagraph74 2 7,c7 in paragraph 7#d71 by striking date of disapproval and all that follows through the end of subparagraph 7,c7 and inserting the following3 date of disapproval1 provide the ,indian tribe with-- 7,a7 a detailed1 written explanation of-- 7i7 each reason for the disapproval2 and 7ii7 the revisions or changes to the tribal energy resource agreement necessary to address each reason2 and 7,b7 an opportunity to revise and resubmit the tribal energy resource agreement4 2 7,d7 in paragraph 7#f7-- 7i7 in subparagraph 7,b7-- 7,i7 by striking 7,b7 ,subject to and inserting the following3 7,b7 ,subject only to 2 and 7,,ii7 by striking subparagraph 7,d7 and inserting subparagraphs 7,c7 and 7,d72 7ii7 in subparagraph 7,c71 in the matter preceding clause 7i71 by inserting to perform the obligations of the ,secretary under this section and before to ensure2 and 7iii7 in subparagraph 7,d71 by adding at the end the following3 7iii7 ,nothing in this section absolves1 limits1 or otherwise affects the liability1 if any1 of the ,united ,states for any-- 7,i7 term of any lease1 business agreement1 or right-of-way under this section that is not a negotiated term2 or 7,,ii7 losses that are not the result of a negotiated term1 including losses resulting from the failure of the ,secretary to perform an obligation of the ,secretary under this section4 2 7,e7 in paragraph 7#g7-- 7i7 in subparagraph 7,a71 by striking has demonstrated and inserting the ,secretary determines has demonstrated with substantial evidence2 7ii7 in subparagraph 7,b71 by striking any tribal remedy and inserting all remedies 7if any7 provided under the laws of the ,indian tribe2 7iii7 in subparagraph 7,d7-- 7,i7 in clause 7i71 by striking determine and all that follows through the end of the clause and inserting the following3 determine-- 7,i7 whether the petitioner is an interested party2 and 7,,ii7 if the petitioner is an interested party1 whether the ,indian tribe is not in compliance with the tribal energy resource agreement as alleged in the petition4 2 7,,ii7 in clause 7ii71 by striking determination and inserting determinations2 and 7,,iii7 in clause 7iii71 in the matter preceding subclause 7,i7 by striking agreement the first place it appears and all that follows through 1 including and inserting agreement pursuant to clause 7i71 the ,secretary shall only take such action as the ,secretary determines necessary to address the claims of noncompliance made in the petition1 including2 7iv7 in subparagraph 7,e77i71 by striking the manner in which and inserting 1 with respect to each claim made in the petition1 how2 and 7v7 by adding at the end the following3 7,g7 ,notwithstanding any other provision of this paragraph1 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 party4 2 7,f7 in paragraph 7#h77;,b7-- 7i7 in clause 7i71 by striking and at the end2 7ii7 in clause 7ii71 by adding and after the semicolon2 and 7iii7 by adding at the end the following3 7iii7 amend an approved tribal energy resource agreement to assume authority for approving leases1 business agreements1 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 agreement2 and 7,g7 by adding at the end the following3 7#i7 ,effect ,nothing in this section authorizes the ,secretary to deny a tribal energy resource agreement or any amendment to a tribal energy resource agreement1 or to limit the effect or implementation of this section1 due to lack of promulgated regulations4 2 7#e7 by redesignating subsection 7g7 as subsection 7j72 and 7#f7 by inserting after subsection 7f7 the following3 7g7 ,financial assistance in lieu of activities by the ,secretary 7#a7 ,in general ,any amounts that the ,secretary would otherwise expend to operate or carry out any program1 function1 service1 or activity 7or any portion of a program1 function1 service1 or activity7 of the ,department that1 as a result of an ,indian tribe carrying out activities under a tribal energy resource agreement1 the ,secretary does not expend1 the ,secretary shall1 at the request of the ,indian tribe1 make available to the ,indian tribe in accordance with this subsection4 7#b7 ,annual funding agreements ,the ,secretary shall make the amounts described in paragraph 7#a7 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 agreement4 7#c7 ,effect of appropriations ,notwithstanding paragraph 7#a7-- 7,a7 the provision of amounts to an ,indian tribe under this subsection is subject to the availability of appropriations2 and 7,b7 the ,secretary shall not be required to reduce amounts for programs1 functions1 services1 or activities that serve any other ,indian tribe to make amounts available to an ,indian tribe under this subsection4 7#d7 ,determination 7,a7 ,in general ,the ,secretary shall calculate the amounts under paragraph 7#a7 in accordance with the regulations adopted under section #ajc7;b7 of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad4 7,b7 ,applicability ,the effective date or implementation of a tribal energy resource agreement under this section shall not be delayed or otherwise affected by-- 7i7 a delay in the promulgation of regulations under section #ajc7;b7 of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad2 7ii7 the period of time needed by the ,secretary to make the calculation required under paragraph 7#a72 or 7iii7 the adoption of a funding agreement under paragraph 7#b74 7h7 ,certification of tribal energy development organization 7#a7 ,in general ,not later than #ij 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 #ajc7;b7 of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad1 the ,secretary shall approve or disapprove the application4 7#b7 ,requirements ,the ,secretary shall approve an application for certification if-- 7,a7 7i7 the ,indian tribe has carried out a contract or compact under title ,i or ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq472 and 7ii7 for a period of not less than #c consecutive years ending on the date on which the ,indian tribe submits the application1 the contract or compact-- 7,i7 has been carried out by the ,indian tribe without material audit exceptions 7or without any material audit exceptions that were not corrected within the #c-year period72 and 7,,ii7 has included programs or activities relating to the management of tribal land2 and 7,b7 7i7 the tribal energy development organization is organized under the laws of the ,indian tribe and subject to the jurisdiction and authority of the ,indian tribe2 7ii7 the majority of the interest in the tribal energy development organization is owned and controlled by the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes the tribal land of which is being developed72 and 7iii7 the organizing document of the tribal energy development organization requires that the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes the tribal land of which is being developed7 own and control at all times a majority of the interest in the tribal energy development organization4 7#c7 ,action by ,secretary ,if the ,secretary approves an application for certification pursuant to paragraph 7#b71 the ,secretary shall1 not more than #aj days after making the determination-- 7,a7 issue a certification stating that-- 7i7 the tribal energy development organization is organized under the laws of the ,indian tribe and subject to the jurisdiction and authority of the ,indian tribe2 7ii7 the majority of the interest in the tribal energy development organization is owned and controlled by the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes the tribal land of which is being developed72 7iii7 the organizing document of the tribal energy development organization requires that the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes the tribal land of which is being developed7 own and control at all times a majority of the interest in the tribal energy development organization2 and 7iv7 the certification is issued pursuant this subsection2 7,b7 deliver a copy of the certification to the ,indian tribe2 and 7,c7 publish the certification in the ,federal ,register4 7i7 ,sovereign immunity ,nothing in this section waives the sovereign immunity of an ,indian tribe4 4 7b7 ,regulations ,not later than #a year after the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad1 the ,secretary shall promulgate or update any regulations that are necessary to implement this section1 including provisions to implement-- 7#a7 section #bfjd7;e77#h7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7;e77#h771 including the process to be followed by an ,indian tribe amending an existing tribal energy resource agreement to assume authority for approving leases1 business agreements1 or rights-of-way for development of an energy resource that is not included in the tribal energy resource agreement2 7#b7 section #bfjd7;g7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7;g77 including the manner in which the ,secretary1 at the request of an ,indian tribe1 shall-- 7,a7 identify the programs1 functions1 services1 and activities 7or any portions of programs1 functions1 services1 or activities7 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 agreement2 7,b7 identify the amounts that the ,secretary would have otherwise expended to operate or carry out each program1 function1 service1 and activity 7or any portion of a program1 function1 service1 or activity7 identified pursuant to subparagraph 7,a72 and 7,c7 provide to the ,indian tribe a list of the programs1 functions1 services1 and activities 7or any portions of programs1 functions1 services1 or activities7 identified pursuant subparagraph 7,a7 and the amounts associated with each program1 function1 service1 and activity 7or any portion of a program1 function1 service1 or activity7 identified pursuant to subparagraph 7,b72 and 7#c7 section #bfjd7;h7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7;h771 including the process to be followed by1 and any applicable criteria and documentation required for1 an ,indian tribe to request and obtain the certification described in that section4 #ajd4 ,technical assistance for ,indian tribal governments ,section #bfjb7;b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#d7 through 7#g71 respectively2 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,technical and scientific resources ,in addition to providing grants to ,indian tribes under this subsection1 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 projects4 4 #aje4 ,conforming amendments 7a7 ,definition of tribal energy development organization ,section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja7 is amended by striking paragraph 7#aa7 and inserting the following3 7#aa7 ,the term tribal energy development organization means-- 7,a7 any enterprise1 partnership1 consortium1 corporation1 or other type of business organization that is engaged in the development of energy resources and is wholly owned by an ,indian tribe 7including an organization incorporated pursuant to section #ag of the ,indian ,reorganization ,act of #aicd 7#be ,u4,s4,c4 #dgg7 or section #c of the ,act of ,june #bf1 #aicf 7#be ,u4,s4,c4 #ejc7 7commonly known as the ,oklahoma ,indian ,welfare ,act772 or 7,b7 any organization of #b or more entities1 at least #a of which is an ,indian tribe1 that has the written consent of the governing bodies of all ,indian tribes participating in the organization to apply for a grant1 loan1 or other assistance under section #bfjb or to enter into a lease or business agreement with1 or acquire a right-of-way from1 an ,indian tribe pursuant to subsection 7a77#b77;,a77ii7 or 7b77#b77;,b7 of section #bfjd4 4 7b7 ,indian tribal energy resource development ,section #bfjb of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking tribal energy resource development organizations and inserting tribal energy development organizations2 and 7,b7 in paragraph 7#b71 by striking tribal energy resource development organizations each place it appears and inserting tribal energy development organizations2 and 7#b7 in subsection 7b77#b71 by striking tribal energy resource development organization and inserting tribal energy development organization4 7c7 ,wind and hydropower feasibility study ,section #bfjf7;c77#c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejf7;c77#c77 is amended by striking energy resource development and inserting energy development4 7d7 ,conforming amendments ,section #bfjd7;e7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7;e77 is amended-- 7#a7 in paragraph 7#b77;,b77iv7 7as redesignated by section #ajc7;a77#d77;,a77ii77,,iii77-- 7,a7 in subclause 7,,xiv71 by inserting and after the semicolon at the end2 7,b7 by striking subclause 7,,xv72 and 7,c7 by redesignating subclause 7,,xvi7 as subclause 7,,xv72 7#b7 in paragraph 7#c7-- 7,a7 by striking 7#c7 ,the ,secretary and inserting the following3 7#c7 ,notice and comment2 ,secretarial review ,the ,secretary 2 and 7,b7 by striking for approval2 7#c7 in paragraph 7#d71 by striking 7#d7 ,if the ,secretary and inserting the following3 7#d7 ,action in case of disapproval ,if the ,secretary 2 7#d7 in paragraph 7#e7-- 7,a7 by striking 7#e7 ,if an ,indian tribe and inserting the following3 7#e7 ,provision of documents to ,secretary ,if an ,indian tribe 2 and 7,b7 in the matter preceding subparagraph 7,a71 by striking approved and inserting in effect2 7#e7 in paragraph 7#f7-- 7,a7 by striking 7#f77;,a7 ,in carrying out and inserting the following3 7#f7 ,secretarial obligations and effect of section 7,a7 ,in carrying out 2 7,b7 in subparagraph 7,a71 by indenting clauses 7i7 and 7ii7 appropriately2 7,c7 in subparagraph 7,b71 by striking approved and inserting in effect2 and 7,d7 in subparagraph 7,d7-- 7i7 in clause 7i71 by striking an approved tribal energy resource agreement and inserting a tribal energy resource agreement in effect under this section2 and 7ii7 in clause 7ii71 by striking approved by the ,secretary and inserting in effect2 and 7#f7 in paragraph 7#g7-- 7,a7 by striking 7#g77;,a7 ,in this paragraph and inserting the following3 7#g7 ,petitions by interested parties 7,a7 ,in this paragraph 2 7,b7 in subparagraph 7,a71 by striking approved by the ,secretary and inserting in effect2 7,c7 in subparagraph 7,b71 by striking approved by the ,secretary and inserting in effect2 and 7,d7 in subparagraph 7,d77iii7-- 7i7 in subclause 7,i71 by striking approved2 and 7ii7 in subclause 7,,ii7-- 7,i7 by striking approval of in the first place it appears2 and 7,,ii7 by striking subsection 7a7 or 7b7 and inserting subsection 7a77#b77;,a77i7 or 7b77#b77;,a74 #ajf4 ,indian energy efficiency ,part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq47 is amended by adding at the end the following3 #cfg4 ,indian energy efficiency program 7a7 ,definition of ,indian tribe ,in this section1 the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7b7 ,purpose ,the purpose of the grants provided under subsection 7d7 shall be to assist ,indian tribes in implementing strategies-- 7#a7 to develop alternative and renewable energy resources within the jurisdictions of eligible entities in a manner that-- 7,a7 is environmentally sustainable2 and 7,b7 to the maximum extent practicable1 maximizes benefits for ,indian tribes and tribal members2 7#b7 to increase the energy efficiency of ,indian tribes and tribal members2 and 7#c7 to improve energy efficiency in-- 7,a7 the transportation sector2 7,b7 the building sector2 and 7,c7 other appropriate sectors4 7c7 ,tribal allocation ,of the amount of funds authorized to be appropriated for each fiscal year under section #cfe7;f7 to carry out this part1 the ,secretary shall allocate not less than #b4e percent of the funds for each fiscal year to be distributed to ,indian tribes in accordance with subsection 7d74 7d7 ,grants ,of the amounts available for distribution under subsection 7c71 the ,secretary shall establish a competitive process for providing grants under this section that gives priority to projects that-- 7#a7 increase energy efficiency and energy conservation rather than new energy generation projects2 7#b7 integrate cost-effective renewable energy with energy efficiency2 7#c7 move beyond the planning stage and are ready for implementation2 7#d7 clearly articulate and demonstrate the ability to achieve measurable goals2 7#e7 have the potential to make an impact in the government buildings1 infrastructure1 communities1 and land of an ,indian tribe2 and 7#f7 maximize the creation or retention of jobs on ,indian land4 7e7 ,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 7b71 including-- 7#a7 the development and implementation of energy efficiency and conservation strategies2 7#b7 the retention of technical consultant services to assist the ,indian tribe in the development of an energy efficiency and conservation strategy1 including-- 7,a7 the formulation of energy efficiency1 energy conservation1 and energy usage goals2 7,b7 the identification of strategies to achieve the goals-- 7i7 through efforts to increase energy efficiency and reduce energy consumption2 and 7ii7 by encouraging behavioral changes among the population served by the ,indian tribe2 7,c7 the development of methods to measure progress in achieving the goals2 7,d7 the development and publication of annual reports to the population served by the eligible entity describing-- 7i7 the strategies and goals2 and 7ii7 the progress made in achieving the strategies and goals during the preceding calendar year2 and 7,e7 other services to assist in the implementation of the energy efficiency and conservation strategy2 7#c7 the implementation of residential and commercial building energy audits2 7#d7 the establishment of financial incentive programs for energy efficiency improvements2 7#e7 the provision of grants for the purpose of performing energy efficiency retrofits2 7#f7 the development and implementation of energy efficiency and conservation programs for buildings and facilities within the jurisdiction of the ,indian tribe1 including-- 7,a7 the design and operation of the programs2 7,b7 the identification of the most effective methods of achieving maximum participation and efficiency rates2 7,c7 the education of the members of an ,indian tribe2 7,d7 the measurement and verification protocols of the programs2 and 7,e7 the identification of energy efficient technologies2 7#g7 the development and implementation of programs to conserve energy used in transportation1 including-- 7,a7 the use of-- 7i7 flextime by employers2 or 7ii7 satellite work centers2 7,b7 the development and promotion of zoning guidelines or requirements that promote energy-efficient development2 7,c7 the development of infrastructure1 including bike lanes1 pathways1 and pedestrian walkways2 7,d7 the synchronization of traffic signals2 and 7,e7 other measures that increase energy efficiency and decrease energy consumption2 7#h7 the development and implementation of building codes and inspection services to promote building energy efficiency2 7#i7 the application and implementation of energy distribution technologies that significantly increase energy efficiency1 including-- 7,a7 distributed resources2 and 7,b7 district heating and cooling systems2 7#aj7 the implementation of activities to increase participation and efficiency rates for material conservation programs1 including source reduction1 recycling1 and recycled content procurement programs that lead to increases in energy efficiency2 7#aa7 the purchase and implementation of technologies to reduce1 capture1 and1 to the maximum extent practicable1 use methane and other greenhouse gases generated by landfills or similar sources2 7#ab7 the replacement of traffic signals and street lighting with energy-efficient lighting technologies1 including-- 7,a7 light-emitting diodes2 and 7,b7 any other technology of equal or greater energy efficiency2 7#ac7 the development1 implementation1 and installation on or in any government building of the ,indian tribe of onsite renewable energy technology that generates electricity from renewable resources1 including-- 7,a7 solar energy2 7,b7 wind energy2 7,c7 fuel cells2 and 7,d7 biomass2 and 7#ad7 any other appropriate activity1 as determined by the ,secretary1 in consultation with-- 7,a7 the ,secretary of the ,interior2 7,b7 the ,administrator of the ,environmental ,protection ,agency2 7,c7 the ,secretary of ,transportation2 7,d7 the ,secretary of ,housing and ,urban ,development2 and 7,e7 ,indian tribes4 7f7 ,grant applications 7#a7 ,in general 7,a7 ,application ,to apply for a grant under this section1 an ,indian tribe shall submit to the ,secretary a proposed energy efficiency and conservation strategy in accordance with this paragraph4 7,b7 ,contents ,a proposed strategy described in subparagraph 7,a7 shall include a description of-- 7i7 the goals of the ,indian tribe for increased energy efficiency and conservation in the jurisdiction of the ,indian tribe2 and 7ii7 the manner in which-- 7,i7 the proposed strategy complies with the restrictions described in subsection 7e72 and 7,,ii7 a grant will allow the ,indian tribe fulfill the goals of the proposed strategy4 7#b7 ,approval 7,a7 ,in general ,the ,secretary shall approve or disapprove a proposed strategy under paragraph 7#a7 by not later than #abj days after the date of submission of the proposed strategy4 7,b7 ,disapproval ,if the ,secretary disapproves a proposed strategy under paragraph 7#a7-- 7i7 the ,secretary shall provide to the ,indian tribe the reasons for the disapproval2 and 7ii7 the ,indian tribe may revise and resubmit the proposed strategy as many times as necessary1 until the ,secretary approves a proposed strategy4 7,c7 ,requirement ,the ,secretary shall not provide to an ,indian tribe a grant under this section until a proposed strategy is approved by the ,secretary4 7#c7 ,limitations on use of funds ,of the amounts provided to an ,indian tribe under this section1 an ,indian tribe may use for administrative expenses1 excluding the cost of the reporting requirements of this section1 an amount equal to the greater of-- 7,a7 #aj percent of the administrative expenses2 or 7,b7 #ge1jjj4 7#d7 ,annual report ,not later than #b years after the date on which funds are initially provided to an ,indian tribe under this section1 and annually thereafter1 the ,indian tribe shall submit to the ,secretary a report describing-- 7,a7 the status of development and implementation of the energy efficiency and conservation strategy2 and 7,b7 to the maximum extent practicable1 an assessment of energy efficiency gains within the jurisdiction of the ,indian tribe4 4 ,,ii ,miscellaneous amendments #bja4 ,issuance of preliminary permits or licenses 7a7 ,in general ,section #g7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjj7;a77 is amended by striking ,states and municipalities and inserting ,states1 ,indian tribes1 and municipalities4 7b7 ,applicability ,the amendment made by subsection 7a7 shall not affect-- 7#a7 any preliminary permit or original license issued before the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad2 or 7#b7 an application for an original license1 if the ,commission has issued a notice accepting that application for filing pursuant to section #d4cb7;d7 of title #ah1 ,code of ,federal ,regulations 7or successor regulations71 before the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjad4 7c7 ,definition of ,indian tribe ,for purposes of section #g7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjj7;a77 7as amended by subsection 7a771 the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 #bjb4 ,tribal biomass demonstration project 7a7 ,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 production4 7b7 ,tribal biomass demonstration project ,the ,tribal ,forest ,protection ,act of #bjjd 7,public ,law #ajh-bgh2 #aah ,stat4 #hfh7 is amended-- 7#a7 in section #b7;a71 by striking ,in this section and inserting ,in this ,act2 and 7#b7 by adding at the end the following3 #c4 ,tribal biomass demonstration project 7a7 ,stewardship contracts or similar agreements ,for each of fiscal years #bjae through #bjai1 the ,secretary shall enter into stewardship contracts or similar agreements 7excluding direct service contracts7 with ,indian tribes to carry out demonstration projects to promote biomass energy production 7including biofuel1 heat1 and electricity generation7 on ,indian forest land and in nearby communities by providing reliable supplies of woody biomass from ,federal land4 7b7 ,demonstration projects ,in each fiscal year for which projects are authorized1 at least #d new demonstration projects that meet the eligibility criteria described in subsection 7c7 shall be carried out under contracts or agreements described in subsection 7a74 7c7 ,eligibility criteria ,to be eligible to enter into a contract or agreement under this section1 an ,indian tribe shall submit to the ,secretary an application-- 7#a7 containing such information as the ,secretary may require2 and 7#b7 that includes a description of-- 7,a7 the ,indian forest land or rangeland under the jurisdiction of the ,indian tribe2 and 7,b7 the demonstration project proposed to be carried out by the ,indian tribe4 7d7 ,selection ,in evaluating the applications submitted under subsection 7c71 the ,secretary shall-- 7#a7 take into consideration-- 7,a7 the factors set forth in paragraphs 7#a7 and 7#b7 of section #b7;e72 and 7,b7 whether a proposed project would-- 7i7 increase the availability or reliability of local or regional energy2 7ii7 enhance the economic development of the ,indian tribe2 7iii7 result in or improve the connection of electric power transmission facilities serving the ,indian tribe with other electric transmission facilities2 7iv7 improve the forest health or watersheds of ,federal land or ,indian forest land or rangeland2 7v7 demonstrate new investments in infrastructure2 or 7vi7 otherwise promote the use of woody biomass2 and 7#b7 exclude from consideration any merchantable logs that have been identified by the ,secretary for commercial sale4 7e7 ,implementation ,the ,secretary shall-- 7#a7 ensure that the criteria described in subsection 7c7 are publicly available by not later than #abj days after the date of enactment of this section2 and 7#b7 to the maximum extent practicable1 consult with ,indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section4 7f7 ,report ,not later than ,september #bj1 #bjag1 the ,secretary shall submit to ,congress a report that describes1 with respect to the reporting period-- 7#a7 each individual tribal application received under this section2 and 7#b7 each contract and agreement entered into pursuant to this section4 7g7 ,incorporation of management plans ,in carrying out a contract or agreement under this section1 on receipt of a request from an ,indian tribe1 the ,secretary shall incorporate into the contract or agreement1 to the maximum extent practicable1 management plans 7including forest management and integrated resource management plans7 in effect on the ,indian forest land or rangeland of the respective ,indian tribe4 7h7 ,term ,a contract or agreement entered into under this section-- 7#a7 shall be for a term of not more than #bj years2 and 7#b7 may be renewed in accordance with this section for not more than an additional #aj years4 4 7c7 ,alaska ,native ,corporation biomass demonstration project 7#a7 ,definitions ,in this subsection3 7,a7 ,alaska ,native corporation ,the term ,alaska ,native corporation has the meaning given the term ,native ,corporation in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7,b7 ,federal land ,the term 8,federal land0 means-- 7i7 land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a77 administered by the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 and 7ii7 public lands 7as defined in section #ajc of the ,federal ,land ,policy ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb771 the surface of which is administered by the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management4 7,c7 ,forest land ,the term 8forest land0 means land that-- 7i7 is conveyed to an ,alaska ,native corporation pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq472 and 7ii7 7,i7 is considered chiefly valuable for the production of forest products or to maintain watershed or other land values enhanced by a forest cover 7including commercial and noncommercial timberland and woodland71 regardless of whether a formal inspection and land classification action has been taken2 or 7,,ii7 formerly had a forest or vegetative cover that is capable of restoration4 7,d7 ,secretary ,the term 8,secretary0 means-- 7i7 the ,secretary of ,agriculture1 with respect to land under the jurisdiction of the ,forest ,service2 and 7ii7 the ,secretary of the ,interior1 with respect to land under the jurisdiction of the ,bureau of ,land ,management4 7#b7 ,agreements ,for each of fiscal years #bjae through #bjai1 the ,secretary shall enter into a stewardship contract or similar agreement 7excluding a direct service contract7 with #a or more ,alaska ,native corporations to carry out a demonstration project to promote biomass energy production 7including biofuel1 heat1 and electricity generation7 on forest land of the ,alaska ,native corporations and in nearby communities by providing reliable supplies of woody biomass from ,federal land4 7#c7 ,demonstration projects ,in each fiscal year for which projects are authorized1 at least #a new demonstration project that meets the eligibility criteria described in paragraph 7#d7 shall be carried out under contracts or agreements described in paragraph 7#b74 7#d7 ,eligibility criteria ,to be eligible to enter into a contract or agreement under this subsection1 an ,alaska ,native corporation shall submit to the ,secretary an application-- 7,a7 containing such information as the ,secretary may require2 and 7,b7 that includes a description of-- 7i7 the forest land or rangeland under the jurisdiction of the ,alaska ,native corporation2 and 7ii7 the demonstration project proposed to be carried out by the ,alaska ,native corporation4 7#e7 ,selection ,in evaluating the applications submitted under paragraph 7#d71 the ,secretary shall-- 7,a7 take into consideration whether a proposed project would-- 7i7 increase the availability or reliability of local or regional energy2 7ii7 enhance the economic development of the ,alaska ,native corporation2 7iii7 result in or improve the connection of electric power transmission facilities serving the ,alaska ,native corporation with other electric transmission facilities2 7iv7 improve the forest health or watersheds of ,federal land or ,alaska ,native corporation forest land or rangeland2 7v7 demonstrate new investments in infrastructure2 or 7vi7 otherwise promote the use of woody biomass2 and 7,b7 exclude from consideration any merchantable logs that have been identified by the ,secretary for commercial sale4 7#f7 ,implementation ,the ,secretary shall-- 7,a7 ensure that the criteria described in paragraph 7#d7 are publicly available by not later than #abj days after the date of enactment of this subsection2 and 7,b7 to the maximum extent practicable1 consult with ,alaska ,native corporations and appropriate ,alaska ,native organizations likely to be affected in developing the application and otherwise carrying out this subsection4 7#g7 ,report ,not later than ,september #bj1 #bjag1 the ,secretary shall submit to ,congress a report that describes1 with respect to the reporting period-- 7,a7 each individual application received under this subsection2 and 7,b7 each contract and agreement entered into pursuant to this subsection4 7#h7 ,term ,a contract or agreement entered into under this subsection-- 7,a7 shall be for a term of not more than #bj years2 and 7,b7 may be renewed in accordance with this subsection for not more than an additional #aj years4 #bjc4 ,weatherization program ,section #dac7;d7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfc7;d77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,reservation of amounts 7,a7 ,in general ,subject to subparagraph 7,b7 and notwithstanding any other provision of this part1 the ,secretary shall reserve from amounts that would otherwise be allocated to a ,state under this part not less than #ajj percent1 but not more than #aej percent1 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 ,state4 7,b7 ,restrictions ,subparagraph 7,a7 shall apply only if-- 7i7 the tribal organization serving the low-income members of the applicable ,indian tribe requests that the ,secretary make a grant directly2 and 7ii7 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 reside4 7,c7 ,presumption ,if the tribal organization requesting the grant is a tribally designated housing entity 7as defined in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc77 that has operated without material audit exceptions 7or without any material audit exceptions that were not corrected within a #c-year period71 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 reside4 2 7#b7 in paragraph 7#b7-- 7,a7 by striking ,the sums and inserting ,administration4--,the amounts2 7,b7 by striking on the basis of his determination2 7,c7 by striking individuals for whom such a determination has been made and inserting low-income members of the ,indian tribe2 and 7,d7 by striking he and inserting the ,secretary2 and 7#c7 in paragraph 7#c71 by striking ,in order and inserting ,application4--,in order4 #bjd4 ,appraisals 7a7 ,in general ,title ,,xxvi of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja et seq47 is amended by adding at the end the following3 #bfjg4 ,appraisals 7a7 ,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 alienation1 any appraisal relating to fair market value of those resources required to be prepared under applicable law may be prepared by-- 7#a7 the ,secretary2 7#b7 the affected ,indian tribe2 or 7#c7 a certified1 third-party appraiser pursuant to a contract with the ,indian tribe4 7b7 ,secretarial review and approval ,not later than #de days after the date on which the ,secretary receives an appraisal prepared by or for an ,indian tribe under paragraph 7#b7 or 7#c7 of subsection 7a71 the ,secretary shall-- 7#a7 review the appraisal2 and 7#b7 approve the appraisal unless the ,secretary determines that the appraisal fails to meet the standards set forth in regulations promulgated under subsection 7d74 7c7 ,notice of ,disapproval ,if the ,secretary determines that an appraisal submitted for approval under subsection 7b7 should be disapproved1 the ,secretary shall give written notice of the disapproval to the ,indian tribe and a description of-- 7#a7 each reason for the disapproval2 and 7#b7 how the appraisal should be corrected or otherwise cured to meet the applicable standards set forth in the regulations promulgated under subsection 7d74 7d7 ,regulations ,the ,secretary shall promulgate regulations to carry out this section1 including standards the ,secretary shall use for approving or disapproving the appraisal described in subsection 7a74 4 #bje4 ,leases of restricted lands for ,navajo ,nation 7a7 ,in general ,subsection 7e77#a7 of the first section of the ,act of ,august #i1 #aiee 7commonly known as the ,long-,term ,leasing ,act7 7#be ,u4,s4,c4 #dae7;e77#a771 is amended-- 7#a7 by striking 1 except a lease for and inserting 1 including a lease for2 7#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 in the case of a business or agricultural lease1 #ii years2 2 7#c7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7,c7 in the case of a lease for the exploration1 development1 or extraction of any mineral resource 7including geothermal resources71 #be years1 except that-- 7i7 any such lease may include an option to renew for #a additional term of not to exceed #be years2 and 7ii7 any such lease for the exploration1 development1 or extraction of an oil or gas resource shall be for a term of not to exceed #aj years1 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 quantity4 4 7b7 ,,gao report ,not later than #e years after the date of enactment of this ,act1 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 7a74 #bjf4 ,extension of tribal lease period for the ,crow ,tribe of ,montana ,subsection 7a7 of the first section of the ,act of ,august #i1 #aiee 7#be ,u4,s4,c4 #dae7;a771 is amended in the second sentence by inserting 1 land held in trust for the ,crow ,tribe of ,montana after ,devils ,lake ,sioux ,reservation4 #bjg4 ,trust status of lease payments 7a7 ,definition of ,secretary ,in this section1 the term ,secretary means the ,secretary of the ,interior4 7b7 ,treatment of lease payments 7#a7 ,in general ,except as provided in paragraph 7#b7 and at the request of the ,indian tribe or individual ,indian1 any advance payments1 bid deposits1 or other earnest money received by the ,secretary in connection with the review and ,secretarial approval under any other ,federal law 7including regulations7 of a sale1 lease1 permit1 or any other conveyance of any interest in any trust or restricted land of any ,indian tribe or individual ,indian shall1 upon receipt and prior to ,secretarial approval of the contract or conveyance instrument1 be held in the trust fund system for the benefit of the ,indian tribe and individual ,indian from whose land the funds were generated4 7#b7 ,restriction ,if the advance payment1 bid deposit1 or other earnest money received by the ,secretary results from competitive bidding1 upon selection of the successful bidder1 only the funds paid by the successful bidder shall be held in the trust fund system4 7c7 ,use of funds 7#a7 ,in general ,on the approval of the ,secretary of a contract or other instrument for a sale1 lease1 permit1 or any other conveyance described in subsection 7b77#a71 the funds held in the trust fund system and described in subsection 7b71 along with all income generated from the investment of those funds1 shall be disbursed to the ,indian tribe or individual ,indian landowners4 7#b7 ,administration ,if a contract or other instrument for a sale1 lease1 permit1 or any other conveyance described in subsection 7b77#a7 is not approved by the ,secretary1 the funds held in the trust fund system and described in subsection 7b71 along with all income generated from the investment of those funds1 shall be paid to the party identified in1 and in such amount and on such terms as set out in1 the applicable regulations1 advertisement1 or other notice governing the proposed conveyance of the interest in the land at issue4 7d7 ,applicability ,this section shall apply to any advance payment1 bid deposit1 or other earnest money received by the ,secretary in connection with the review and ,secretarial approval under any other ,federal law 7including regulations7 of a sale1 lease1 permit1 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 ,act4 ,july #cj1 #bjad,reported with an amendment