,,ib ,union ,calendar ,no4 #gge #aaeth ,,congress #b;d ,session ,h4 ,r4 #baj ,report ,no4 #aae-iic ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjag ,mr4 ,young of ,alaska introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,october #bc1 #bjah;,additional sponsors3 ,mr4 ,sessions and ,mr4 ,cramer ,october #bc1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,january #c1 #bjag ,a ,,bill ,to facilitate the development of energy on ,indian lands by reducing ,federal regulations that impede tribal development of ,indian lands1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,native ,american ,energy ,act4 #b4 ,appraisals 7a7 ,amendment ,title ,,xxvi of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja et seq47 is amended by adding at the end the following3 #bfjg4 ,appraisal reforms 7a7 ,options to ,indian ,tribes ,with respect to a transaction involving ,indian land or the trust assets of an ,indian tribe that requires the approval of the ,secretary1 any appraisal relating to fair market value required to be conducted under applicable law1 regulation1 or policy may be completed by-- 7#a7 the ,secretary2 7#b7 the affected ,indian tribe2 or 7#c7 a certified1 third-party appraiser pursuant to a contract with the ,indian tribe4 7b7 ,time ,limit on ,secretarial ,review and ,action ,not later than #cj days after the date on which the ,secretary receives an appraisal conducted by or for an ,indian tribe pursuant to paragraphs 7#b7 or 7#c7 of subsection 7a71 the ,secretary shall-- 7#a7 review the appraisal2 and 7#b7 provide to the ,indian tribe a written notice of approval or disapproval of the appraisal4 7c7 ,failure of ,secretary ,to ,approve or ,disapprove ,if1 after #fj days1 the ,secretary has failed to approve or disapprove any appraisal received1 the appraisal shall be deemed approved4 7d7 ,option to ,indian ,tribes ,to ,waive ,appraisal 7#a7 ,an ,indian tribe wishing to waive the requirements of subsection 7a71 may do so after it has satisfied the requirements of paragraphs 7#b7 and 7#c74 7#b7 ,an ,indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the ,secretary a written resolution1 statement1 or other unambiguous indication of tribal intent1 duly approved by the governing body of the ,indian tribe4 7#c7 ,the unambiguous indication of intent provided by the ,indian tribe to the ,secretary under paragraph 7#b7 must include an express waiver by the ,indian tribe of any claims for damages it might have against the ,united ,states as a result of the lack of an appraisal undertaken4 7e7 ,definition ,for purposes of this subsection1 the term appraisal includes appraisals and other estimates of value4 7f7 ,regulations ,the ,secretary shall develop regulations for implementing this section1 including standards the ,secretary shall use for approving or disapproving an appraisal4 4 7b7 ,conforming amendment ,the table of contents of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbja note7 is amended by adding at the end of the items relating to title ,,xxvi the following3 ,sec4 #bfjg4 ,appraisal reforms4 4 #c4 ,standardization ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary of the ,interior shall implement procedures to ensure that each agency within the ,department of the ,interior that is involved in the review1 approval1 and oversight of oil and gas activities on ,indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells4 #d4 ,environmental reviews of major ,federal actions on ,indian lands ,section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7 is amended by inserting 7a7 ,in general4-- before the first sentence1 and by adding at the end the following3 7b7 ,review of major ,federal actions on ,indian lands 7#a7 ,review and comment 7,a7 ,in general ,except as provided in subparagraph 7,b71 the statement required under subsection 7a77#b77;,c7 for a major ,federal action regarding an activity on ,indian lands of an ,indian tribe shall only be available for review and comment by-- 7i7 ,indian tribes in the affected area and individual members of those tribes wherever they reside2 7ii7 ,other individuals who reside in the affected area2 and 7iii7 ,state and local governments within the affected area4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to a statement for a major ,federal action regarding an activity on ,indian lands of an ,indian tribe related to gaming under the ,indian ,gaming ,regulatory ,act4 7#b7 ,regulations ,the ,chairman of the ,council on ,environmental ,quality shall develop regulations to implement this section1 including descriptions of affected areas for specific major ,federal actions1 in consultation with ,indian tribes4 7#c7 ,definitions ,in this subsection1 each of the terms ,indian land and ,indian tribe has the meaning given that term in section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja74 7#d7 ,clarification of authority ,nothing in the ,native ,american ,energy ,act1 except section #f of that ,act1 shall give the ,secretary any additional authority over energy projects on ,alaska ,native ,claims ,settlement ,act lands4 4 #e4 ,judicial review 7a7 ,time for filing complaint ,any energy related action must be filed not later than the end of the #fj-;day period beginning on the date of the final agency action4 ,any energy related action not filed within this time period shall be barred4 7b7 ,district court venue and deadline ,all energy related actions-- 7#a7 shall be brought in the ,united ,states ,district ,court for the ,district of ,columbia2 and 7#b7 shall be resolved as expeditiously as possible1 and in any event not more than #ahj days after such cause of action is filed4 7c7 ,appellate review ,an interlocutory order or final judgment1 decree or order of the district court in an energy related action may be reviewed by the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 ,the ,district of ,columbia ,circuit ,court of ,appeals shall resolve such appeal as expeditiously as possible1 and in any event not more than #ahj days after such interlocutory order or final judgment1 decree or order of the district court was issued4 7d7 ,limitation on certain payments ,notwithstanding section #acjd of title #ca1 ,united ,states ,code1 no award may be made under section #ejd of title #e1 ,united ,states ,code1 or under section #bdab of title #bh1 ,united ,states ,code1 and no amounts may be obligated or expended from the ,claims and ,judgment ,fund of the ,united ,states ,treasury to pay any fees or other expenses under such sections1 to any person or party in an energy related action4 7e7 ,legal fees ,in any energy related action in which the plaintiff does not ultimately prevail1 the court shall award to the defendant 7including any intervenor-defendants71 other than the ,united ,states1 fees and other expenses incurred by that party in connection with the energy related action1 unless the court finds that the position of the plaintiff was substantially justified or that special circumstances make an award unjust4 ,whether or not the position of the plaintiff was substantially justified shall be determined on the basis of the administrative record1 as a whole1 which is made in the energy related action for which fees and other expenses are sought4 7f7 ,definitions ,for the purposes of this section1 the following definitions apply3 7#a7 ,agency action ,the term agency action has the same meaning given such term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,indian land ,the term ,indian ,land has the same meaning given such term in section #bjc7;c77#c7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #be ,u4,s4,c4 #ceja71 including lands owned by ,native ,corporations under the ,alaska ,native ,claims ,settlement ,act 7,public ,law #ib-bjc2 #dc ,u4,s4,c4 #afja74 7#c7 ,energy related action ,the term energy related action means a cause of action that-- 7,a7 is filed on or after the effective date of this ,act2 and 7,b7 seeks judicial review of a final agency action to issue a permit1 license1 or other form of agency permission allowing3 7i7 any person or entity to conduct activities on ,indian ,land1 which activities involve the exploration1 development1 production or transportation of oil1 gas1 coal1 shale gas1 oil shale1 geothermal resources1 wind or solar resources1 underground coal gasification1 biomass1 or the generation of electricity2 or 7ii7 any ,indian ,tribe1 or any organization of two or more entities1 at least one of which is an ,indian tribe1 to conduct activities involving the exploration1 development1 production or transportation of oil1 gas1 coal1 shale gas1 oil shale1 geothermal resources1 wind or solar resources1 underground coal gasification1 biomass1 or the generation of electricity1 regardless of where such activities are undertaken4 7#d7 ,ultimately prevail ,the phrase ultimately prevail means1 in a final enforceable judgment1 the court rules in the party's favor on at least one cause of action which is an underlying rationale for the preliminary injunction1 administrative stay1 or other relief requested by the party1 and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree4 #f4 ,tribal biomass demonstration project ,the ,tribal ,forest ,protection ,act of #bjjd is amended by inserting after section #b 7#be ,u4,s4,c4 #caae;a7 the following3 #c4 ,tribal biomass demonstration project 7a7 ,in general ,for each of fiscal years #bjaf through #bjbj1 the ,secretary shall enter into stewardship contracts or other agreements1 other than agreements that are exclusively direct service contracts1 with ,indian tribes to carry out demonstration projects to promote biomass energy production 7including biofuel1 heat1 and electricity generation7 on ,indian forest land and in nearby communities by providing reliable supplies of woody biomass from ,federal land4 7b7 ,definitions ,the definitions in section #b shall apply to this section4 7c7 ,demonstration projects ,in each fiscal year for which projects are authorized1 the ,secretary shall enter into contracts or other agreements described in subsection 7a7 to carry out at least #d new demonstration projects that meet the eligibility criteria described in subsection 7d74 7d7 ,eligibility criteria ,to be eligible to enter into a contract or other agreement under this subsection1 an ,indian tribe shall submit to the ,secretary an application-- 7#a7 containing such information as the ,secretary may require2 and 7#b7 that includes a description of-- 7,a7 the ,indian forest land or rangeland under the jurisdiction of the ,indian tribe2 and 7,b7 the demonstration project proposed to be carried out by the ,indian tribe4 7e7 ,selection ,in evaluating the applications submitted under subsection 7c71 the ,secretary-- 7#a7 shall take into consideration the factors set forth in paragraphs 7#a7 and 7#b7 of section #b7;e7 of ,public ,law #ajh-bgh2 and whether a proposed demonstration project would-- 7,a7 increase the availability or reliability of local or regional energy2 7,b7 enhance the economic development of the ,indian tribe2 7,c7 improve the connection of electric power transmission facilities serving the ,indian tribe with other electric transmission facilities2 7,d7 improve the forest health or watersheds of ,federal land or ,indian forest land or rangeland2 or 7,e7 otherwise promote the use of woody biomass2 and 7#b7 shall exclude from consideration any merchantable logs that have been identified by the ,secretary for commercial sale4 7f7 ,implementation ,the ,secretary shall-- 7#a7 ensure that the criteria described in subsection 7c7 are publicly available by not later than #abj days after the date of enactment of this section2 and 7#b7 to the maximum extent practicable1 consult with ,indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section4 7g7 ,report ,not later than one year subsequent to the date of enactment of this section1 the ,secretary shall submit to ,congress a report that describes1 with respect to the reporting period-- 7#a7 each individual tribal application received under this section2 and 7#b7 each contract and agreement entered into pursuant to this section4 7h7 ,incorporation of management plans ,in carrying out a contract or agreement under this section1 on receipt of a request from an ,indian tribe1 the ,secretary shall incorporate into the contract or agreement1 to the extent practicable1 management plans 7including forest management and integrated resource management plans7 in effect on the ,indian forest land or rangeland of the respective ,indian tribe4 7i7 ,term ,a stewardship contract or other agreement entered into under this section-- 7#a7 shall be for a term of not more than #bj years2 and 7#b7 may be renewed in accordance with this section for not more than an additional #aj years4 #d4 ,tribal forest management demonstration project ,the ,secretary of the ,interior and the ,secretary of ,agriculture may carry out demonstration projects by which federally recognized ,indian tribes or tribal organizations may contract to perform administrative1 management1 and other functions of programs of the ,tribal ,forest ,protection ,act of #bjjd 7#be ,u4,s4,c4 #caae;a et seq47 through contracts entered into under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq474 4 #g4 ,tribal resource management plans ,unless otherwise explicitly exempted by ,federal law enacted after the date of the enactment of this ,act1 any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the ,secretary of the ,interior under the ,national ,indian ,forest ,resources ,management ,act 7#be ,u4,s4,c4 #caja et seq47 or the ,american ,indian ,agricultural ,resource ,management ,act 7#be ,u4,s4,c4 #cgja et seq47 shall be considered a sustainable management practice for purposes of any ,federal standard1 benefit1 or requirement that requires a demonstration of such sustainability4 #h4 ,leases of restricted lands for the ,navajo ,nation ,subsection 7e77#a7 of the first section of the ,act of ,august #i1 #aiee 7#be ,u4,s4,c4 #dae7;e77#a72 commonly referred to as the ,long-,term ,leasing ,act71 is amended-- 7#a7 by striking 1 except a lease for and inserting 1 including leases for2 7#b7 in subparagraph 7,a71 by striking #be the first place it appears and all that follows and inserting #ii years22 7#c7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7,c7 in the case of a lease for the exploration1 development1 or extraction of mineral resources1 including geothermal resources1 #be years1 except that any such lease may include an option to renew for one additional term not to exceed #be years4 4 #i4 ,nonapplicability of certain rules ,no rule promulgated by the ,department of the ,interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of ,indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status4 ,october #bc1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed