United States 114th Congress Status: Died 1 R cosponsors

HR 538 — Native American Energy Act

Last action — Received in the Senate and Read twice and referred to the Committee on Indian Affairs.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Native American Energy Act (Sec. 2) This bill amends the Energy Policy Act of 1992 to allow the Department of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring Interior approval. (Currently, Interior sets appraisal requirements.) Interior must approve or disapprove an appraisal within 60 days or the appraisal is deemed approved. A tribe may waive the requirement for an appraisal if it also waives any claims for damages it might have against the United States as a result of the lack of an appraisal. (Sec. 3) Each agency within Interior involved in the review of oil and gas activities on Indian lands must use a uniform system of reference numbers and tracking systems for oil and gas wells. (Sec. 4) This bill amends the National Environmental Policy Act of 1969 to make the environmental impact statement for a major federal action (excluding an action related to gaming) on Indian lands available for review and comment only to the affected tribe, individuals residing within the affected area, and state, tribal, and local governments within the affected area. (Sec. 5) This bill sets forth provisions for the judicial review of a cause of action related to energy development on Indian land. (Sec. 6) This bill amends the Tribal Forest Protection Act of 2004 to direct Interior, for land under Bureau of Land Management jurisdiction, and the Department of Agriculture (USDA), for land under Forest Service jurisdiction, to enter into agreements with Indian tribes to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. Interior and USDA may carry out demonstration projects by which tribes may perform the functions of programs under the Tribal Forest Protection Act of 2004. (Sec. 7) Activity pursuant to a tribal resource management plan or an integrated resource management plan approved by Interior under the National Indian Forest Resources Management Act or the American Indian Agricultural Resource Management Act is considered to be a sustainable management practice. (Sec. 8) This bill amends the Long-Term Leasing Act to allow the Navajo Nation to enter into mineral resource leases on their restricted lands without Interior's approval. The maximum term of a Navajo Nation lease that does not require Interior's approval is extended for commercial and agricultural leases and established for mineral resource leases. (Sec. 9) Interior rules regarding hydraulic fracturing do not apply on land held in trust for Indians or on restricted Indian land, except with the express consent of the Indian beneficiaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation.

Bill Text

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Action History

  1. Received in the Senate and Read twice and referred to the Committee on Indian Affairs.

  2. Motion to reconsider laid on the table Agreed to without objection.

  3. On passage Passed by the Yeas and Nays: 254 - 173 (Roll no. 544).

  4. On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 239 (Roll no. 543). (consideration: CR H6919)

  5. The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6919)

  6. Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Ben Ray Lujan (NM) motion to recommit with instructions. The instructions in the motion seek to report the same back to the House forthwith with an amendment to ensure that nothing in the underlying legislation will infringe on the authority of the President to protect any sacred or ceremonial Native American tribal site.

  7. Mr. Lujan, Ben Ray (NM) moved to recommit with instructions to the Committee on Natural Resources. (consideration: CR H6918-6919; text: CR H6918)

  8. The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H6916-6917)

  9. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 538.

  10. H.Amdt.712 On agreeing to the Lujan Grisham (NM) amendment (A002) Agreed to by voice vote.

  11. DEBATE - Pursuant to the provisions of H. Res. 466, the Committee of the Whole proceeded with 10 minutes of debate on the Lujan Grisham (NM) Part A amendment no. 2.

  12. H.Amdt.712 Amendment (A002) offered by Ms. Lujan Grisham (NM). (consideration: CR H6918; text: CR H6918)

  13. H.Amdt.711 On agreeing to the Young (AK) amendment (A001) Agreed to by voice vote.

  14. DEBATE - Pursuant to the provisions of H. Res. 466, the Committee of the Whole proceeded with 10 minutes of debate on the Young (AK) Part A amendment no. 1.

  15. H.Amdt.711 Amendment (A001) offered by Mr. Young (AK). (consideration: CR H6917-6918; text: CR H6917)

  16. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 538.

  17. The Speaker designated the Honorable David Rouzer to act as Chairman of the Committee.

  18. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 466 and Rule XVIII.

  19. For H.R. 538, resolution provides for one hour of debate, makes specified amendments in order and allows one motion to recommit, with or without instructions. For H.R. 702, resolution provides for one hour of debate, makes specified amendments in order and allows one motion to recommit, with or without instructions.

  20. Considered under the provisions of rule H. Res. 466. (consideration: CR H6911-6920)

  21. Rules Committee Resolution H. Res. 466 Reported to House. For H.R. 538, resolution provides for one hour of debate, makes specified amendments in order and allows one motion to recommit, with or without instructions. For H.R. 702, resolution provides for one hour of debate, makes specified amendments in order and allows one motion to recommit, with or without instructions.

  22. Placed on the Union Calendar, Calendar No. 208.

  23. Reported by the Committee on Natural Resources. H. Rept. 114-276.

  24. Subcommittee on Energy and Mineral Resources Discharged.

  25. Subcommittee on Indian, Insular and Alaska Native Affairs Discharged.

  26. Ordered to be Reported by the Yeas and Nays: 23 - 12.

  27. Committee Consideration and Mark-up Session Held.

  28. Committee Consideration and Mark-up Session Held.

  29. Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs.

  30. Referred to the Subcommittee on Energy and Mineral Resources.

  31. Referred to the House Committee on Natural Resources.

  32. Introduced in House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does HR 538 do?
Native American Energy Act (Sec. 2) This bill amends the Energy Policy Act of 1992 to allow the Department of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring Interior approval. (Currently, Interior sets appraisal requirements.) Interior must approve or disapprove an appraisal within 60 days or the appraisal is deemed approved. A tribe may waive the requirement for an appraisal if it also waives any claims for damages it might have against the United States as a result of the lack of an appraisal. (Sec. 3) Each agency within Interior involved in the review of oil and gas activities on Indian lands must use a uniform system of reference numbers and tracking systems for oil and gas wells. (Sec. 4) This bill amends the National Environmental Policy Act of 1969 to make the environmental impact statement for a major federal action (excluding an action related to gaming) on Indian lands available for review and comment only to the affected tribe, individuals residing within the affected area, and state, tribal, and local governments within the affected area. (Sec. 5) This bill sets forth provisions for the judicial review of a cause of action related to energy development on Indian land. (Sec. 6) This bill amends the Tribal Forest Protection Act of 2004 to direct Interior, for land under Bureau of Land Management jurisdiction, and the Department of Agriculture (USDA), for land under Forest Service jurisdiction, to enter into agreements with Indian tribes to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. Interior and USDA may carry out demonstration projects by which tribes may perform the functions of programs under the Tribal Forest Protection Act of 2004. (Sec. 7) Activity pursuant to a tribal resource management plan or an integrated resource management plan approved by Interior under the National Indian Forest Resources Management Act or the American Indian Agricultural Resource Management Act is considered to be a sustainable management practice. (Sec. 8) This bill amends the Long-Term Leasing Act to allow the Navajo Nation to enter into mineral resource leases on their restricted lands without Interior's approval. The maximum term of a Navajo Nation lease that does not require Interior's approval is extended for commercial and agricultural leases and established for mineral resource leases. (Sec. 9) Interior rules regarding hydraulic fracturing do not apply on land held in trust for Indians or on restricted Indian land, except with the express consent of the Indian beneficiaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation.
Who sponsors HR 538?
HR 538 is sponsored by Don Young (R).
What is the current status of HR 538?
This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 538?
Track HR 538 free on One Click Politics — get push/email alerts when it moves.

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