#aaeth ,,congress #ast ,session ,s4 #bde ,,an ,,act ,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 #bjag4 #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 ,report4,,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 #bjag1 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 owner1 or1 if appropriate1 lessee1 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 law 7including regulations71 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 for which the ,indian tribe has obtained a certification pursuant to subsection 7h72 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 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 for which the ,indian tribe has obtained a certification pursuant to subsection 7h72 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 7,a7 ,authorization ,on or after the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjag1 a qualified ,indian tribe may submit to the ,secretary a tribal energy resource agreement governing leases1 business agreements1 and rights-of-way under this section4 7,b7 ,notice of complete proposed agreement ,not later than #fj days after the date on which the tribal energy resource agreement is submitted under subparagraph 7,a71 the ,secretary shall-- 7i7 notify the ,indian tribe as to whether the agreement is complete or incomplete2 7ii7 if the agreement is incomplete1 notify the ,indian tribe of what information or documentation is needed to complete the submission2 and 7iii7 identify and notify the ,indian tribe of the financial assistance1 if any1 to be provided by the ,secretary to the ,indian tribe to assist in the implementation of the tribal energy resource agreement1 including the environmental review of individual projects4 7,c7 ,effect ,nothing in this paragraph precludes the ,secretary from providing any financial assistance at any time to the ,indian tribe to assist in the implementation of the tribal energy resource agreement4 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 a qualified ,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 a qualified ,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 clause 7ii7 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-- 7i7 a provision of the tribal energy resource agreement violates applicable ,federal law 7including regulations7 or a treaty applicable to the ,indian tribe2 7ii7 the tribal energy resource agreement does not include one or more provisions required under subparagraph 7,d72 or 2 and 7,,ii7 in clause 7iii7-- 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 7bb7 by striking subclauses 7,i71 7,,ii71 7,v71 7,,viii71 and 7,,xv72 7cc7 by redesignating clauses 7,,iii71 7,,iv71 7,,vi71 7,,vii71 7,,ix7 through 7,,xiv71 and 7,,xvi7 as clauses 7,i71 7,,ii71 7,,iii71 7,,iv71 7,v7 through 7,x71 and 7,,xi71 respectively2 7dd7 in item 7bb7 of subclause 7,,xi7 7as redesignated by item 7cc77-- 7,,aa7 by striking or tribal2 and 7,,bb7 by striking the period at the end and inserting a semicolon2 and 7ee7 by adding at the end the following3 7,,xii7 include a certification by the ,indian tribe that the ,indian tribe has-- 7aa7 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 #ecja et seq47 for a period of not less than #c consecutive years ending on the date on which the ,indian tribe submits the application without material audit exception 7or without any material audit exceptions that were not corrected within the #c-year period7 relating to the management of tribal land or natural resources2 or 7bb7 substantial experience in the administration1 review1 or evaluation of energy resource leases or agreements or has otherwise substantially participated in the administration1 management1 or development of energy resources located on the tribal land of the ,indian tribe2 and 7,,xiii7 at the option of the ,indian tribe1 identify which functions1 if any1 authorizing any operational or development activities pursuant to a lease1 right-of-way1 or business agreement approved by the ,indian tribe1 that the ,indian tribe intends to conduct4 2 7iii7 in subparagraph 7,c7-- 7,i7 by striking clauses 7i7 and 7ii72 7,,ii7 by redesignating clauses 7iii7 through 7v7 as clauses 7ii7 through 7iv71 respectively2 and 7,,iii7 by inserting before clause 7ii7 7as redesignated by subclause 7,,ii77 the following3 7i7 a process for ensuring that-- 7,i7 the public is informed of1 and has reasonable opportunity to comment on1 any significant environmental impacts of the proposed action2 and 7,,ii7 the ,indian tribe provides responses to relevant and substantive public comments on any impacts described in subclause 7,i7 before the ,indian tribe approves the lease1 business agreement1 or right-of-way2 2 7iv7 in subparagraph 7,d77ii71 by striking subparagraph 7,b77iii77,,xvi7 and inserting subparagraph 7,b77iv77,,xi72 and 7v7 by adding at the end the following3 7,f7 ,effective period ,a tribal energy resource agreement that takes effect pursuant to this subsection shall remain in effect to the extent any provision of the tribal energy resource agreement is consistent with applicable ,federal law 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 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#h7-- 7i7 by striking subparagraph 7,a72 7ii7 by redesignating subparagraphs 7,b7 through 7,d7 as subparagraphs 7,a7 through 7,c71 respectively2 and 7iii7 in subparagraph 7,a7 7as redesignated by clause 7ii77-- 7,i7 in clause 7i71 by striking and at the end2 7,,ii7 in clause 7ii71 by adding and after the semicolon2 and 7,,iii7 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 #bjag4 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 #bjag2 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 #bjag1 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 #ecja 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 tribe2 7ii7 7,i7 the majority of the interest in the tribal energy development organization is owned and controlled by the ,indian tribe 7or the ,indian tribe and one or more other ,indian tribes7 the tribal land of which is being developed2 and 7,,ii7 the organizing document of the tribal energy development organization requires that the ,indian tribe with jurisdiction over the land maintain at all times the controlling interest in the tribal energy development organization2 7iii7 the organizing document of the tribal energy development organization requires that the ,indian tribe 7or the ,indian tribe and one or more other ,indian tribes7 the tribal land of which is being developed own and control at all times a majority of the interest in the tribal energy development organization2 and 7iv7 the organizing document of the tribal energy development organization includes a statement that the organization shall be subject to the jurisdiction1 laws1 and authority of the ,indian tribe4 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 jurisdiction1 laws1 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 one or more other ,indian tribes7 the tribal land of which is being developed2 7iii7 the organizing document of the tribal energy development organization requires that the ,indian tribe with jurisdiction over the land maintain at all times the controlling interest in the tribal energy development organization2 7iv7 the organizing document of the tribal energy development organization requires that the ,indian tribe 7or the ,indian tribe and one 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 7v7 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 #bjag1 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-- 7#a7 by redesignating paragraphs 7#i7 through 7#ab7 as paragraphs 7#aj7 through 7#ac71 respectively2 7#b7 by inserting after paragraph 7#h7 the following3 7#i7 ,the term qualified ,indian tribe means an ,indian tribe that has-- 7,a7 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 #ecja et seq47 for a period of not less than #c consecutive years ending on the date on which the ,indian tribe submits the application without material audit exception 7or without any material audit exceptions that were not corrected within the #c-year period7 relating to the management of tribal land or natural resources2 or 7,b7 substantial experience in the administration1 review1 or evaluation of energy resource leases or agreements or has otherwise substantially participated in the administration1 management1 or development of energy resources located on the tribal land of the ,indian tribe4 2 and 7#c7 by striking paragraph 7#ab7 7as redesignated by paragraph 7#a77 and inserting the following3 7#ab7 ,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 ,act of ,june #ah1 #aicd 7#be ,u4,s4,c4 #eabd7 7commonly known as the 8,indian ,reorganization ,act07 or section #c of the ,act of ,june #bf1 #aicf 7#di ,stat4 #aifg1 chapter #hca7 7commonly known as the ,oklahoma ,indian ,welfare ,act772 and 7,b7 any organization of two or more entities1 at least one 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 the term 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#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#b7 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#c7 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#d7 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#e7 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 ,report 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of the ,interior shall submit to the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that details with respect to activities for energy development on ,indian land1 how the ,department of the ,interior-- 7#a7 processes and completes the reviews of energy-related documents in a timely and transparent manner2 7#b7 monitors the timeliness of agency review for all energy-related documents2 7#c7 maintains databases to track and monitor the review and approval process for energy-related documents associated with conventional and renewable ,indian energy resources that require ,secretarial approval prior to development1 including-- 7,a7 any seismic exploration permits2 7,b7 permission to survey2 7,c7 archeological and cultural surveys2 7,d7 access permits2 7,e7 environmental assessments2 7,f7 oil and gas leases2 7,g7 surface leases2 7,h7 rights-of-way agreements2 and 7,i7 communitization agreements2 7#d7 identifies in the databases-- 7,a7 the date lease applications and permits are received by the agency2 7,b7 the status of the review2 7,c7 the date the application or permit is considered complete and ready for review2 7,d7 the date of approval2 and 7,e7 the start and end dates for any significant delays in the review process2 7#e7 tracks in the databases1 for all energy-related leases1 agreements1 applications1 and permits that involve multiple agency review-- 7,a7 the dates documents are transferred between agencies2 7,b7 the status of the review2 7,c7 the date the required reviews are completed2 and 7,d7 the date interim or final decisions are issued4 7b7 ,inclusions ,the report under subsection 7a7 shall include-- 7#a7 a description of any intermediate and final deadlines for agency action on any ,secretarial review and approval required for ,indian conventional and renewable energy exploration and development activities2 7#b7 a description of the existing geographic database established by the ,bureau of ,indian ,affairs1 explaining-- 7,a7 how the database identifies-- 7i7 the location and ownership of all ,indian oil and gas resources held in trust2 7ii7 resources available for lease2 and 7iii7 the location of-- 7,i7 any lease of land held in trust or restricted fee on behalf of any ,indian tribe or individual ,indian2 and 7,,ii7 any rights-of-way on that land in effect2 7,b7 how the information from the database is made available to-- 7i7 the officials of the ,bureau of ,indian ,affairs with responsibility over the management and development of ,indian resources2 and 7ii7 resource owners2 and 7,c7 any barriers to identifying the information described in subparagraphs 7,a7 and 7,b7 or any deficiencies in that information2 and 7#c7 an evaluation of-- 7,a7 the ability of each applicable agency to track and monitor the review and approval process of the agency for ,indian energy development2 and 7,b7 the extent to which each applicable agency complies with any intermediate and final deadlines4 ,,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 #bjag2 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 #bjag4 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 #ecjd74 #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#be ,u4,s4,c4 #caae;a et seq47 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 #bjag through #bjba1 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 #bjai1 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 biomass demonstration project 7#a7 ,definitions ,in this subsection3 7,a7 ,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 and ,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,b7 ,indian tribe ,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 #ecjd74 7,c7 ,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,d7 ,tribal organization ,the term tribal organization has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#b7 ,agreements ,for each of fiscal years #bjag through #bjba1 the ,secretary shall enter into an agreement or contract with an ,indian tribe or a tribal organization to carry out a demonstration project to promote biomass energy production 7including biofuel1 heat1 and electricity generation7 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 ,indian tribe or tribal organization 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 the demonstration project proposed to be carried out by the ,indian tribe or tribal organization4 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 ,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 non-,federal land2 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 ,indian tribes and appropriate tribal organizations likely to be affected in developing the application and otherwise carrying out this subsection4 7#g7 ,report ,not later than ,september #bj1 #bjai1 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 ,passed the ,senate ,november #bi1 #bjag4,secretary