S 245 — Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

Determination.>> in subparagraph (A), by striking ``has demonstrated'' and inserting ``the Secretary determines has demonstrated with substantial evidence'';

and ``(II) if the petitioner is an interested party, whether the Indian tribe is not in compliance[[Page with132 theSTAT. tribal energy resource agreement as alleged in the petition.'';

4452]] compliance with the tribal energy resource agreement as alleged in the petition.'';

``(iii) amend an approved tribal energy resource agreement to assume authority for approving leases, business agreements, or rights-of-wayrights- of-way for development of another energy resource that is not included in an approved tribal energy resource agreement without being required to apply for a new tribal energy resource agreement;'' and (G) by adding at the end the following:

``(2)[[Page Annual132 fundingSTAT. agreements.--The Secretary shall make the amounts described in paragraph (1) available to an Indian tribe through an annual written funding agreement that is negotiated and entered into with the Indian tribe that is separate from the tribal energy resource agreement.

4453]] ``(2) Annual funding agreements.--The Secretary shall make the amounts described in paragraph (1) available to an Indian tribe through an annual written funding agreement that is negotiated and entered into with the Indian tribe that is separate from the tribal energy resource agreement.

``(B) Applicability.--The effective date or implementation of a tribal energy resource agreement under this section shall not be delayed or otherwise affected by-- ``(i) a delay in the promulgation of regulations under section 103(b) of the Indian Tribal Energy Development and Self-Self-Determination Determination Act Amendments of 2017;

``(h) Certification of Tribal Energy Development Organization.-- ``(1) In<<NOTE: general.--Not later than 90 days after the date on which an Indian tribe submits an application for certification of a tribal energy development organization in accordance with regulations promulgated under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017, the Secretary shall approve or disapprove the application.

``(2)Deadline.>> Requirements.--TheIn Secretarygeneral.--Not shalllater approvethan an90 applicationdays forafter certificationthe if--date ``(A)(i)on thewhich an Indian tribe hassubmits carriedan outapplication for certification of a contracttribal orenergy compactdevelopment underorganization titlein Iaccordance orwith IVregulations promulgated under section 103(b) of the Indian Self-DeterminationTribal Energy Development and EducationSelf- AssistanceDetermination Act (25Amendments U.S.C.of 2017, the Secretary shall approve or disapprove the application.

5301``(2) etRequirements.--The seq.);Secretary shall approve an application for certification if-- ``(A)(i) the Indian tribe has carried out a contract or compact under title I or IV of the Indian Self- Determination and Education Assistance Act (25 U.S.C.

andet ``(ii)seq.); for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application, the contract or compact-- ``(I) has been carried out by the Indian tribe without material audit exceptions (or without any material audit exceptions that were not corrected within the 3-year period);

and ``(ii) <<NOTE:

Time period.>> for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application, the contract or compact-- ``(I) has been carried out by the Indian tribe without material audit exceptions (or without any material audit exceptions that were not corrected within the 3-year period);

and ``(B)(i)[[Page the132 tribalSTAT. energy development organization is organized under the laws of the Indian tribe;

4454]] ``(B)(i) the tribal energy development organization is organized under the laws of the Indian tribe;

``(3) Action<<NOTE: by secretary.--If the Secretary approves an application for certification pursuant to paragraph (2), the Secretary shall, not more than 10 days after making the determination-- ``(A) issue a certification stating that-- ``(i) the tribal energy development organization is organized under the laws of the Indian tribe and subject to the jurisdiction, laws, and authority of the Indian tribe;

Deadline.

Certification.>> Action by secretary.--If the Secretary approves an application for certification pursuant to paragraph (2), the Secretary shall, not more than 10 days after making the determination-- ``(A) issue a certification stating that-- ``(i) the tribal energy development organization is organized under the laws of the Indian tribe and subject to the jurisdiction, laws, and authority of the Indian tribe;

and ``(C) publish<<NOTE: the certification in the Federal Register.

Federal Register, publication.>> publish the certification in the Federal Register.

(b) Regulations.--Not<<NOTE: later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017, the Secretary shall promulgate or update any regulations that are necessary to implement this section, including provisions to implement-- (1) section 2604(e)(8) of the Energy Policy Act of 1992 (25 U.S.C.

Deadline.

25 USC 3504 note.>> Regulations.--Not later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017, the Secretary shall promulgate [[Page 132 STAT.

4455]] or update any regulations that are necessary to implement this section, including provisions to implement-- (1) section 2604(e)(8) of the Energy Policy Act of 1992 (25 U.S.C.

and (C) provide<<NOTE: to the Indian tribe a list of the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) identified pursuant subparagraph (A) and the amounts associated with each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to subparagraph (B);

Lists.>> provide to the Indian tribe a list of the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) identified pursuant subparagraph (A) and the amounts associated with each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to subparagraph (B);

``(3) Technical<<NOTE: and scientific resources.--In addition to providing grants to Indian tribes under this subsection, the Secretary shall collaborate with the Directors of the National Laboratories in making the full array of technical and scientific resources of the Department of Energy available for tribal energy activities and projects.''.

Collaboration.>> Technical and scientific resources.--In addition to providing grants to Indian tribes under this subsection, the Secretary shall collaborate with the Directors of the National Laboratories in making the full array of technical and scientific resources of the Department of Energy available for tribal energy activities and projects.''.

``(9) The term `qualified Indian tribe' means an Indian tribe that has-- ``(A)[[Page carried132 outSTAT. a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

4456]] ``(A) carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

3504(e)) is amended-- (1) in paragraph (3)-- (A)[[Page by132 strikingSTAT. ``(3) The Secretary'' and inserting the following:

4457]] (A) by striking ``(3) The Secretary'' and inserting the following:

(2)[[Page monitors132 theSTAT. timeliness of agency review for all energy-related documents;

4458]] (2) monitors the timeliness of agency review for all energy- related documents;

and (C)[[Page any132 barriersSTAT. to identifying the information described in subparagraphs (A) and (B) or any deficiencies in that information;

4459]] (C) any barriers to identifying the information described in subparagraphs (A) and (B) or any deficiencies in that information;

(b) Applicability.--The<<NOTE: amendment made by subsection (a) shall not affect-- (1) any preliminary permit or original license issued before the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017;

16 USC 800 note.>> Applicability.--The amendment made by subsection (a) shall not affect-- (1) any preliminary permit or original license issued before the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017;

(c) Definition<<NOTE: of Indian Tribe.--For purposes of section 7(a) of the Federal Power Act (16 U.S.C.

16 USC 800 note.>> Definition of Indian Tribe.--For purposes of section 7(a) of the Federal Power Act (16 U.S.C.

TRIBAL<<NOTE: BIOMASS DEMONSTRATION PROJECT.

25 USC 3104 note.>> TRIBAL BIOMASS DEMONSTRATION PROJECT.

TRIBAL<<NOTE: BIOMASS DEMONSTRATION PROJECT.

25 USC 3104 note.>> TRIBAL BIOMASS DEMONSTRATION PROJECT.

``(b) Demonstration Projects.--In each fiscal year for which projects are authorized, at least 4 new demonstration projects that meet[[Page the132 eligibilitySTAT. criteria described in subsection (c) shall be carried out under contracts or agreements described in subsection (a).

4460]] meet the eligibility criteria described in subsection (c) shall be carried out under contracts or agreements described in subsection (a).

``(e) Implementation.--The Secretary shall-- ``(1) ensure<<NOTE: that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section;

andPublic ``(2)information. to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section.

Deadline.>> ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section;

and ``(2) <<NOTE:

Consultation.>> to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section.

``(h)[[Page Term.--A132 contractSTAT. or agreement entered into under this section-- ``(1) shall be for a term of not more than 20 years;

4461]] ``(h) Term.--A contract or agreement entered into under this section-- ``(1) shall be for a term of not more than 20 years;

(c) Alaska<<NOTE: Native Biomass Demonstration Project.-- (1) Definitions.--In this subsection:

(A)25 FederalUSC land.--The3104 termnote.>> ``FederalAlaska land''Native means--Biomass (i)Demonstration landProject.-- of(1) theDefinitions.--In Nationalthis Forestsubsection: System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of (16 U.S.C.

(A) Federal land.--The term ``Federal land'' means-- (i) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.

and (ii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.

(B) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-DeterminationSelf- Determination and Education Assistance Act (25 U.S.C.

(D) Tribal organization.--The term ``tribal organization'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

(5) Selection.--In evaluating the applications submitted under paragraph (4), the Secretary shall-- (A) take into consideration whether a proposed project would-- (i)[[Page increase132 theSTAT. availability or reliability of local or regional energy;

4462]] (i) increase the availability or reliability of local or regional energy;

(6) Implementation.--The Secretary shall-- (A) ensure<<NOTE: that the criteria described in paragraph (4) are publicly available by not later than 120 days after the date of enactment of this subsection;

andPublic (B)information. to the maximum extent practicable, consult with Indian tribes and appropriate tribal organizations likely to be affected in developing the application and otherwise carrying out this subsection.

Deadline.>> ensure that the criteria described in paragraph (4) are publicly available by not later than 120 days after the date of enactment of this subsection;

and (B) <<NOTE:

Consultation.>> to the maximum extent practicable, consult with Indian tribes and appropriate tribal organizations likely to be affected in developing the application and otherwise carrying out this subsection.

``(1) Reservation of amounts.-- ``(A) In general.--Subject to subparagraph (B) and notwithstanding any other provision of this part, the Secretary shall reserve from amounts that would otherwise be allocated to a State under this part not less than 100 percent, but not more than 150 percent, of an amount which bears the same proportion to the allocation of that State for the applicable fiscal year as the population of all low-income members of an Indian tribe in that State bears to the population of all low-incomelow- income individuals in that State.

``(B) Restrictions.--Subparagraph (A) shall apply only if-- ``(i)[[Page the132 tribalSTAT. organization serving the low-income members of the applicable Indian tribe requests that the Secretary make a grant directly;

and4463]] ``(ii)``(i) the Secretarytribal determinesorganization thatserving the low-incomelow- income members of the applicable Indian tribe wouldrequests bethat equallythe orSecretary bettermake served by making a grant directlydirectly; than a grant made to the State in which the low-income members reside.

and ``(ii) <<NOTE:

Determination.>> the Secretary determines that the low-income members of the applicable Indian tribe would be equally or better served by making a grant directly than a grant made to the State in which the low-income members reside.

4103)) that has operated without material audit exceptions (or without any material audit exceptions that were not corrected within a 3-year period), the Secretary shall presume that the low-low-income income members of the applicable Indian tribe would be equally or better served by making a grant directly to the tribal organization than by a grant made to the State in which the low-income members reside.'';

(C) by striking ``individuals for whom such a determination has been made'' and inserting ``low-``low-income income members of the Indian tribe'';

APPRAISALS.<<NOTE:

25 USC 3507.>> APPRAISALS.

``(b) Secretarial<<NOTE: Review and Approval.--Not later than 45 days after the date on which the Secretary receives an appraisal prepared by or for an Indian tribe under paragraph (2) or (3) of subsection (a), the Secretary shall-- ``(1) review the appraisal;

Deadline.>> Secretarial Review and ``(2)Approval.--Not approvelater thethan appraisal45 unlessdays after the Secretarydate determineson thatwhich the appraisalSecretary failsreceives toan meetappraisal theprepared standardsby setor forthfor inan regulationsIndian promulgatedtribe under paragraph (2) or (3) of subsection (d).(a), the Secretary shall-- ``(1) review the appraisal;

``(c) Notice of Disapproval.--If the Secretary determines that an appraisal submitted for approval under subsection (b) should be disapproved, the Secretary shall give written notice of the disapproval to the Indian tribe and a``(2) description<<NOTE: of-- ``(1) each reason for the disapproval;

Deadline.>> approve the appraisal unless the Secretary determines that the appraisal fails to meet the standards set forth in regulations promulgated under subsection (d).

``(c) <<NOTE:

Determination.>> Notice of Disapproval.--If the Secretary determines that an appraisal submitted for approval under subsection (b) should [[Page 132 STAT.

4464]] be disapproved, the Secretary shall give written notice of the disapproval to the Indian tribe and a description of-- ``(1) each reason for the disapproval;

``(C) in the case of a lease for the exploration, development, or extraction of any mineral resource (including geothermal resources), 25 years, except that-- ``(i) any such lease may include an option to renew for 1 additional term of not to exceed 25 years;

and ``(ii) any such lease for the exploration, development, or extraction of an oil or gas resource shall be for a term of not to exceed 10 years, plus such additional period as the Navajo Nation determines to be appropriate in any case in which an oil or gas resource is produced in a paying quantity.''.

TRUST<<NOTE: STATUS OF LEASE PAYMENTS.

25 USC 167.>> TRUST STATUS OF LEASE PAYMENTS.

(b) Treatment of Lease Payments.-- (1) In general.--Except as provided in paragraph (2) and at the request of the Indian tribe or individual Indian, any advance payments, bid deposits, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of[[Page any132 interestSTAT. in any trust or restricted land of any Indian tribe or individual Indian shall, upon receipt and prior to Secretarial approval of the contract or conveyance instrument, be held in the trust fund system for the benefit of the Indian tribe and individual Indian from whose land the funds were generated.

4465]] of any interest in any trust or restricted land of any Indian tribe or individual Indian shall, upon receipt and prior to Secretarial approval of the contract or conveyance instrument, be held in the trust fund system for the benefit of the Indian tribe and individual Indian from whose land the funds were generated.

UnionApproved CalendarDecember No.18, 2018.

823LEGISLATIVE 115thHISTORY--S. CONGRESS 2d Session S.

245245: [Report No.

115-1057,--------------------------------------------------------------------------- PartHOUSE I]REPORTS: _______________________________________________________________________ AN ACT To amend the Indian Tribal Energy Development and Self Determination Act of 2005, and for other purposes.

_______________________________________________________________________No. November 30, 2018 Reported from the Committee on Natural Resources November 30, 2018 Committee on Energy and Commerce discharged;

committed115-1057, toPt. the Committee of the Whole House on the State of the Union and ordered to be printed

1 (Comm.

on Natural Resources).

SENATE REPORTS:

No.

115-84 (Comm.

on Indian Affairs).

CONGRESSIONAL RECORD:

Vol.

163 (2017):

Nov.

29, considered and passed Senate.

Vol.

164 (2018):

Dec.

10, considered and passed House.

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