[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 522 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 522

   To amend the Energy Policy Act of 1992 to assist Indian tribes in 
          developing energy resources, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2003

 Mr. Campbell (for himself and Mr. Domenici) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend the Energy Policy Act of 1992 to assist Indian tribes in 
          developing energy resources, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Energy Development 
and Self-Determination Act of 2003''.

SEC. 2. INDIAN ENERGY.

    (a) In General.--Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended to read as follows:

                      ``TITLE XXVI--INDIAN ENERGY

``SEC. 2601. FINDINGS; PURPOSES.

    ``(a) Findings.--Congress finds that--
            ``(1) the energy resources of Indians and Indian tribes are 
        among the most valuable natural resources of Indians and Indian 
        tribes;
            ``(2) there exists a special legal and political 
        relationship between the United States and Indian tribes as 
        expressed in treaties, the Constitution, Federal statutes, 
        court decisions, executive orders, and course of dealing;
            ``(3) Indian land comprises approximately 5 percent of the 
        land area of the United States, but contains an estimated 10 
        percent of all energy reserves in the United States, 
        including--
                    ``(A) 30 percent of known coal deposits located in 
                the western portion of the United States;
                    ``(B) 5 percent of known onshore oil deposits of 
                the United States; and
                    ``(C) 10 percent of known onshore natural gas 
                deposits of the United States;
            ``(4) coal, oil, natural gas, and other energy minerals 
        produced from Indian land represent more than 10 percent of 
        total nationwide onshore production of energy minerals;
            ``(5) in 2000, 9,300,000 barrels of oil, 299,000,000,000 
        cubic feet of natural gas, and 21,400,000 tons of coal were 
        produced from Indian land, representing $700,000,000 in Indian 
        energy revenue;
            ``(6) the Department of the Interior estimates that only 25 
        percent of the oil and less than 20 percent of all natural gas 
        reserves on Indian land have been developed;
            ``(7) the Department of Energy estimates that the wind 
        resources of the Great Plains could meet 75 percent of the 
        electricity demand in the contiguous 48 States;
            ``(8) the development of Indian energy resources would 
        assist--
                    ``(A) Indian communities in carrying out community 
                development efforts; and
                    ``(B) the United States in securing a greater 
                degree of independence from foreign sources of energy; 
                and
            ``(9) the United States, in accordance with Federal Indian 
        self-determination laws and policies, should assist Indian 
        tribes and individual Indians in developing Indian energy 
        resources.
    ``(b) Purposes.--The purposes of this title are--
            ``(1) to assist Indian tribes and individual Indians in the 
        development of Indian energy resources; and
            ``(2) to further the goal of Indian self-determination, 
        particularly through the development of stronger tribal 
        governments and greater degrees of tribal economic self-
        sufficiency.

``SEC. 2602. DEFINITIONS.

    ``In this title:
            ``(1) Commission.--The term `Commission' means the Indian 
        Energy Resource Commission established by section 2606(a).
            ``(2) Director.--The term `Director' means the Director of 
        the Office of Indian Energy Policy and Programs.
            ``(3) Indian.--The term `Indian' means an individual member 
        of an Indian tribe who owns land or an interest in land, the 
        title to which land--
                    ``(A) is held in trust by the United States; or
                    ``(B) is subject to a restriction against 
                alienation imposed by the United States.
            ``(4) Indian land.--The term `Indian land' means--
                    ``(A) any land located within the boundaries of an 
                Indian reservation, pueblo, or rancheria;
                    ``(B) any land not located within the boundaries of 
                an Indian reservation, pueblo, or rancheria, the title 
                to which is held--
                            ``(i) in trust by the United States for the 
                        benefit of an Indian tribe;
                            ``(ii) by an Indian tribe, subject to 
                        restriction by the United States against 
                        alienation; or
                            ``(iii) by a dependent Indian community; 
                        and
                    ``(C) land conveyed to a Native Corporation under 
                the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
                et seq.).
            ``(5) Indian reservation.--The term `Indian reservation' 
        includes--
                    ``(A) an Indian reservation in existence as of the 
                date of enactment of this paragraph;
                    ``(B) a public domain Indian allotment;
                    ``(C) a former reservation in the State of 
                Oklahoma;
                    ``(D) a parcel of land owned by a Native 
                Corporation under the Alaska Native Claims Settlement 
                Act (43 U.S.C. 1601 et seq.); and
                    ``(E) a dependent Indian community located within 
                the borders of the United States, regardless of whether 
                the community is located--
                            ``(i) on original or acquired territory of 
                        the community; or
                            ``(ii) within or outside the boundaries of 
                        any particular State.
            ``(6) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(7) Native corporation.--The term `Native Corporation' 
        has the meaning given the term in section 3 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602).
            ``(8) Program.--The term `Program' means the Indian energy 
        resource development program established under section 2603(a).
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(10) Tribal consortium.--The term `tribal consortium' 
        means an organization that consists of at least 3 entities, 1 
        of which is an Indian tribe.
            ``(11) Vertical integration of energy resources.--The term 
        `vertical integration of energy resources' means--
                    ``(A) the discovery and development of renewable 
                and nonrenewable energy resources;
                    ``(B) electricity transmission; and
                    ``(C) any other activity that is carried out to 
                achieve the purposes of this title, as determined by 
                the Secretary.

``SEC. 2603. INDIAN ENERGY RESOURCE DEVELOPMENT PROGRAM.

    ``(a) In General.--The Secretary shall establish and implement an 
Indian energy resource development program to assist Indian tribes and 
tribal consortia in achieving the purposes of this title.
    ``(b) Grants and Loans.--In carrying out the Program, the Secretary 
shall, at a minimum--
            ``(1) provide development grants to Indian tribes and 
        tribal consortia for use in developing or obtaining the 
        managerial and technical capacity needed to develop energy 
        resources on Indian land;
            ``(2) provide grants to Indian tribes and tribal consortia 
        for use in carrying out projects to promote the vertical 
        integration of energy resources, and to process, use, or 
        develop those energy resources, on Indian land; and
            ``(3) provide low-interest loans to Indian tribes and 
        tribal consortia for use in the promotion of energy resource 
        development and vertical integration or energy resources on 
        Indian land.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2004 through 2014.

``SEC. 2604. INDIAN TRIBAL RESOURCE REGULATION.

    ``(a) In General.--The Secretary may provide to Indian tribes and 
tribal consortia, on an annual basis, grants for use in developing, 
administering, implementing, and enforcing tribal laws (including 
regulations) governing the development and management of energy 
resources on Indian land.
    ``(b) Use of Funds.--Funds from a grant provided under this section 
may be used by an Indian tribe or tribal consortium for--
            ``(1) the development of a tribal energy resource inventory 
        or tribal energy resource;
            ``(2) the development of a feasibility study or other 
        report necessary to the development of energy resources;
            ``(3) the development of tribal laws and technical 
        infrastructure to protect the environment under applicable law; 
        or
            ``(4) the training of employees that--
                    ``(A) are engaged in the development of energy 
                resources; or
                    ``(B) are responsible for protecting the 
                environment.
    ``(c) Other Assistance.--To the maximum extent practicable, the 
Secretary and the Secretary of the Interior shall make available to 
Indian tribes and tribal consortia scientific and technical data for 
use in the development and management of energy resources on Indian 
land.

``SEC. 2605. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY INVOLVING 
              ENERGY DEVELOPMENT OR TRANSMISSION.

    ``(a) In General.--Notwithstanding any other provision of law--
            ``(1) an Indian or Indian tribe may enter into a lease or 
        business agreement for the purpose of energy development, 
        including a lease or business agreement for--
                    ``(A) exploration for, extraction of, processing 
                of, or other development of energy resources; and
                    ``(B) construction or operation of--
                            ``(i) an electric generation, transmission, 
                        or distribution facility located on tribal 
                        land; or
                            ``(ii) a facility to process or refine 
                        energy resources developed on tribal land; and
            ``(2) a lease or business agreement described in paragraph 
        (1) shall not require the approval of the Secretary if--
                    ``(A) the lease or business agreement is executed 
                under tribal regulations approved by the Secretary 
                under subsection (e); and
                    ``(B) the term of the lease or business agreement 
                does not exceed 30 years.
    ``(b) Rights-of-Way for Pipelines or Electric Transmission or 
Distribution Lines.--An Indian tribe may grant a right-of-way over the 
tribal land of the Indian tribe for a pipeline or an electric 
transmission or distribution line without specific approval by the 
Secretary if--
            ``(1) the right-of-way is executed under and complies with 
        tribal regulations approved by the Secretary under subsection 
        (e);
            ``(2) the term of the right-of-way does not exceed 30 
        years; and
            ``(3) the pipeline or electric transmission or distribution 
        line serves--
                    ``(A) an electric generation, transmission, or 
                distribution facility located on tribal land; or
                    ``(B) a facility located on tribal land that 
                processes or refines renewable or nonrenewable energy 
                resources developed on tribal land.
    ``(c) Renewals.--A lease or business agreement entered into or a 
right-of-way granted by an Indian tribe under this section may be 
renewed at the discretion of the Indian tribe in accordance with this 
section.
    ``(d) Validity.--No lease, business agreement, or right-of-way 
under this section shall be valid unless the lease, business agreement, 
or right-of-way is authorized in accordance with tribal regulations 
approved by the Secretary under subsection (e).
    ``(e) Tribal Regulatory Requirements.--
            ``(1) In general.--An Indian tribe may submit to the 
        Secretary for approval tribal regulations governing leases, 
        business agreements, and rights-of-way under this section.
            ``(2) Approval or disapproval.--
                    ``(A) In general.--Not later than 120 days after 
                the date on which the Secretary receives tribal 
                regulations submitted by an Indian tribe under 
                paragraph (1) (or such later date as may be agreed to 
                by the Secretary and the Indian tribe), the Secretary 
                shall approve or disapprove the regulations.
                    ``(B) Conditions for approval.--The Secretary shall 
                approve tribal regulations submitted under paragraph 
                (1) only if the regulations include provisions that, 
                with respect to a lease, business agreement, or right-
                of-way under this section--
                            ``(i) ensure the acquisition of necessary 
                        information from the applicant for the lease, 
                        business agreement, or right-of-way;
                            ``(ii) address the term of the lease or 
                        business agreement or the term of conveyance of 
                        the right-of-way;
                            ``(iii) address amendments and renewals;
                            ``(iv) address consideration for the lease, 
                        business agreement, or right-of-way;
                            ``(v) address technical or other relevant 
                        requirements;
                            ``(vi) establish requirements for 
                        environmental review in accordance with 
                        subparagraph (C);
                            ``(vii) ensure compliance with all 
                        applicable environmental laws;
                            ``(viii) identify final approval authority;
                            ``(ix) provide for public notification of 
                        final approvals; and
                            ``(x) establish a process for consultation 
                        with any affected States concerning potential 
                        off-reservation impacts associated with the 
                        lease, business agreement, or right-of-way.
                    ``(C) Environmental review process.--Tribal 
                regulations submitted under paragraph (1) shall 
                establish, and include provisions to ensure compliance 
                with, an environmental review process that, with 
                respect to a lease, business agreement, or right-of-way 
                under this section, provides for--
                            ``(i) the identification and evaluation of 
                        all significant environmental impacts (as 
                        compared with a no-action alternative);
                            ``(ii) the identification of proposed 
                        mitigation;
                            ``(iii) a process for ensuring that the 
                        public is informed of and has an opportunity to 
                        comment on any proposed lease, business 
                        agreement, or right-of-way before tribal 
                        approval of the lease, business agreement, or 
                        right-of-way (or any amendment to or renewal of 
                        a lease, business agreement, or right-of-way); 
                        and
                            ``(iv) sufficient administrative support 
                        and technical capability to carry out the 
                        environmental review process.
            ``(3) Public participation.--The Secretary may provide 
        notice and opportunity for public comment on tribal regulations 
        submitted under paragraph (1).
            ``(4) Disapproval.--If the Secretary disapproves tribal 
        regulations submitted by an Indian tribe under paragraph (1), 
        the Secretary shall--
                    ``(A) notify the Indian tribe in writing of the 
                basis for the disapproval;
                    ``(B) identify what changes or other actions are 
                required to address the concerns of the Secretary; and
                    ``(C) provide the Indian tribe with an opportunity 
                to revise and resubmit the regulations.
            ``(5) Execution of lease or business agreement or granting 
        of right-of-way.--If an Indian tribe executes a lease or 
        business agreement or grants a right-of-way in accordance with 
        tribal regulations approved under this subsection, the Indian 
        tribe shall provide to the Secretary--
                    ``(A) a copy of the lease, business agreement, or 
                right-of-way document (including all amendments to and 
                renewals of the document); and
                    ``(B) in the case of tribal regulations or a lease, 
                business agreement, or right-of-way that permits 
                payment to be made directly to the Indian tribe, 
                documentation of those payments sufficient to enable 
                the Secretary to discharge the trust responsibility of 
                the United States as appropriate under applicable law.
            ``(6) Liability.--The United States shall not be liable for 
        any loss or injury sustained by any party (including an Indian 
tribe or any member of an Indian tribe) to a lease, business agreement, 
or right-of-way executed in accordance with tribal regulations approved 
under this subsection.
            ``(7) Compliance review.--
                    ``(A) In general.--After exhaustion of tribal 
                remedies, any person may submit to the Secretary, in a 
                timely manner, a petition to review compliance of an 
                Indian tribe with tribal regulations of the Indian 
                tribe approved under this subsection.
                    ``(B) Action by secretary.--The Secretary shall--
                            ``(i) not later than 60 days after the date 
                        on which the Secretary receives a petition 
                        under subparagraph (A), review compliance of an 
                        Indian tribe described in subparagraph (A); and
                            ``(ii) on completion of the review, if the 
                        Secretary determines that an Indian tribe is 
                        not in compliance with tribal regulations 
                        approved under this subsection, take such 
                        action as is necessary to compel compliance, 
                        including--
                                    ``(I)(aa) rescinding a lease, 
                                business agreement, or right-of-way 
                                under this section; or
                                    ``(bb) suspending a lease, business 
                                agreement, or right-of-way under this 
                                section until an Indian tribe is in 
                                compliance with tribal regulations; and
                                    ``(II) rescinding approval of the 
                                tribal regulations and reassuming the 
                                responsibility for approval of leases, 
                                business agreements, or rights-of-way 
                                associated with an energy pipeline or 
                                distribution line described in 
                                subsection (b).
                    ``(C) Compliance.--If the Secretary seeks to compel 
                compliance of an Indian tribe with tribal regulations 
                under subparagraph (B)(ii), the Secretary shall--
                            ``(i) make a written determination that 
                        describes the manner in which the tribal 
                        regulations have been violated;
                            ``(ii) provide the Indian tribe with a 
                        written notice of the violation together with 
                        the written determination; and
                            ``(iii) before taking any action described 
                        in subparagraph (B)(ii) or seeking any other 
                        remedy, provide the Indian tribe with a hearing 
                        and a reasonable opportunity to attain 
                        compliance with the tribal regulations.
                    ``(D) Appeal.--An Indian tribe described in 
                subparagraph (C) shall retain all rights to appeal as 
                provided in regulations promulgated by the Secretary.
    ``(f) Agreements.--
            ``(1) In general.--Any agreement by an Indian tribe that 
        relates to the development of an electric generation, 
        transmission, or distribution facility, or a facility to 
        process or refine renewable or nonrenewable energy resources 
        developed on tribal land, shall not require the specific 
        approval of the Secretary under section 2103 of the Revised 
        Statutes (25 U.S.C. 81) if the activity that is the subject of 
        the agreement is carried out in accordance with this section.
            ``(2) Liability.--The United States shall not be liable for 
        any loss or injury sustained by any person (including an Indian 
        tribe or any member of an Indian tribe) resulting from an 
        action taken in performance of an agreement entered into under 
        this subsection.
    ``(g) No Effect on Other Law.--Nothing in this section affects the 
application of any provision of--
            ``(1) the Act of May 11, 1938 (commonly known as the 
        `Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et seq.);
            ``(2) the Indian Mineral Development Act of 1982 (25 U.S.C. 
        2101 et seq.);
            ``(3) the Surface Mining Control and Reclamation Act of 
        1977 (30 U.S.C. 1201 et seq.); or
            ``(4) any Federal environmental law.

``SEC. 2606. INDIAN ENERGY RESOURCE COMMISSION.

    ``(a) Establishment.--There is established a commission to be known 
as the `Indian Energy Resource Commission'.
    ``(b) Members.--The Commission shall consist of--
            ``(1) 8 members appointed by the Secretary of Interior, 
        based on recommendations submitted by Indian tribes with 
        developable energy resources, at least 4 of whom shall be 
        elected tribal leaders;
            ``(2) 3 members appointed by the Secretary of Interior, 
        based on recommendations submitted by the Governors of States 
        in which are located--
                    ``(A) 1 or more Indian reservations; or
                    ``(B) Indian land with developable energy 
                resources;
            ``(3) 2 members appointed by the Secretary of Interior from 
        among individuals in the private sector with expertise in 
        tribal and State taxation of energy resources;
            ``(4) 2 members appointed by the Secretary of Interior from 
        among individuals with expertise in oil and gas royalty 
        management administration, including auditing and accounting;
            ``(5) 2 members appointed by the Secretary of Interior from 
        among individuals in the private sector with expertise in 
        energy development;
            ``(6) 1 member appointed by the Secretary of Interior, 
        based on recommendations submitted by national environmental 
        organizations;
            ``(7) the Secretary of the Interior; and
            ``(8) the Secretary.
    ``(c) Appointments.--Members of the Commission shall be appointed 
not later than 120 days after the date of enactment of the Native 
American Energy Development and Self-Determination Act of 2003.
    ``(d) Vacancies.--A vacancy in the Commission--
            ``(1) shall be filled in the same manner as the original 
        appointment was made; and
            ``(2) shall not affect the powers of the Commission.
    ``(e) Chairperson.--The members of the Commission shall elect a 
Chairperson from among the members of the Commission.
    ``(f) Quorum.--Eleven members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings and convene meetings.
    ``(g) Organizational Meeting.--Not later than 30 days after the 
date on which at least 11 members have been appointed to the 
Commission, the Commission shall hold an organizational meeting to 
establish the rules and procedures of the Commission.
    ``(h) Compensation of Members.--
            ``(1) Non-federal employees.--A member of the Commission 
        who is not an officer or employee of the Federal Government 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the performance of the duties of the 
        Commission.
            ``(2) Federal employees.--A member of the Commission who is 
        an officer or employee of the Federal Government shall serve 
        without compensation in addition to the compensation received 
        for the services of the member as an officer or employee of the 
        Federal Government.
    ``(i) Travel Expenses.--A member of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from the home or regular 
place of business of the member in the performance of the duties of the 
Commission.
    ``(j) Staff.--
            ``(1) In general.--The Chairperson of the Commission may, 
        without regard to the civil service laws (including 
        regulations), appoint and terminate an executive director and 
        such other additional personnel as are necessary to enable the 
        Commission to perform the duties of the Commission.
            ``(2) Confirmation of executive director.--The employment 
        of an executive director shall be subject to confirmation by 
        the Commission.
            ``(3) Compensation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Chairperson of the Commission may 
                fix the compensation of the executive director and 
                other personnel without regard to the provisions of 
                chapter 51 and subchapter III of chapter 53 of title 5, 
                United States Code, relating to classification of 
                positions and General Schedule pay rates.
                    ``(B) Maximum rate of pay.--The rate of pay for the 
                executive director and other personnel shall not exceed 
                the rate payable for level IV of the Executive Schedule 
                under section 5316 of title 5, United States Code.
            ``(4) Experts and consultants.--With the approval of the 
        Commission, the executive director may retain and fix the 
        compensation of experts and consultants as the executive 
        director considered necessary to carry out the duties of the 
        Commission.
            ``(5) Detail of federal government employees.--
                    ``(A) In general.--An employee of the Federal 
                Government may be detailed to the Commission without 
                reimbursement.
                    ``(B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
    ``(k) Duties of Commission.--The Commission shall--
            ``(1) develop proposals to address dual taxation by Indian 
        tribes and States of the extraction of energy minerals on 
        Indian land;
            ``(2) make recommendations to improve the management, 
        administration, accounting, and auditing of royalties 
        associated with the production of energy minerals on Indian 
        land;
            ``(3) develop alternatives for the collection and 
        distribution of royalties associated with the production of 
        energy minerals on Indian land;
            ``(4) develop proposals for incentives to foster the 
        development of energy resources on Indian land;
            ``(5) identify barriers or obstacles to the development of 
        energy resources on Indian land, and make recommendations 
        designed to foster the development of energy resources on 
        Indian land, in order to promote economic development;
            ``(6) develop proposals for the promotion of vertical 
        integration of energy resources on Indian land; and
            ``(7) develop proposals on taxation incentives to foster 
        the development of energy resources on Indian land, including 
        investment tax credits and enterprise zone credits.
    ``(l) Powers of Commission.--The Commission or, at the direction of 
the Commission, any subcommittee or member of the Commission, may, for 
the purpose of carrying out this title--
            ``(1) hold such hearings, meet and act at such times and 
        places, take such testimony, receive such evidence, and 
        administer such oaths;
            ``(2) secure directly from any Federal agency such 
        information; and
            ``(3) require, by subpoena or otherwise, the attendance and 
        testimony of such witnesses and the production of such books, 
        records, correspondence, memoranda, papers, documents, tapes, 
        and materials;
as the Commission, subcommittee, or member considers advisable.
    ``(m) Commission Report.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Native American Energy Development and Self-
        Determination Act of 2003, the Commission shall submit to the 
        President, the Committee on Resources of the House of 
        Representatives, and the Committee on Indian Affairs and the 
        Committee on Energy and Natural Resources of the Senate, a 
        report that describes the proposals, recommendations, and 
alternatives described in subsection (k).
            ``(2) Review and comment.--Before submission of the report 
        required under this subsection, the Chairperson of the 
        Commission shall provide to each interested Indian tribe and 
        each State in which is located 1 or more Indian reservations or 
        Indian land with developable energy resources, a draft of the 
        report for review and comment.
    ``(n) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission such sums as are necessary to carry out 
this section, to remain available until expended.
    ``(o) Termination.--The Commission shall terminate 30 days after 
the date of submission of the report under subsection (m)(1).

``SEC. 2607. ENERGY EFFICIENCY AND STRUCTURES ON INDIAN LAND.

    ``(a) Technical Assistance to Nonprofit and Community 
Organizations.--The Secretary of Housing and Urban Development, in 
cooperation with Indian tribes or tribally-designated housing entities 
of Indian tribes, shall provide, to eligible (as determined by the 
Secretary of Housing and Urban Development) nonprofit and community 
organizations, technical assistance to initiate and expand the use of 
energy-saving technologies in--
            ``(1) new home construction;
            ``(2) housing rehabilitation; and
            ``(3) housing in existence as of the date of enactment of 
        the Native American Energy Development and Self-Determination 
        Act of 2003.
    ``(b) Review.--The Secretary of Housing and Urban Development and 
the Secretary of the Interior, in consultation with Indian tribes or 
tribally-designated housing entities of Indian tribes, shall--
            ``(1) complete a review of regulations promulgated by the 
        Secretary of Housing and Urban Development and the Secretary of 
        the Interior to identify any feasible measures that may be 
        taken to promote greater use of energy efficient technologies 
        in housing for which Federal assistance is provided under the 
        Native American Housing Assistance and Self-Determination Act 
        of 1996 (25 U.S.C. 4101 et seq.);
            ``(2) develop energy efficiency and conservation measures 
        for use in connection with housing that is--
                    ``(A) located on Indian land; and
                    ``(B) constructed, repaired, or rehabilitated using 
                assistance provided under any law or program 
                administered by the Secretary of Housing and Urban 
                Development or the Secretary of the Interior, 
                including--
                            ``(i) the Native American Housing 
                        Assistance and Self-Determination Act of 1996 
                        (25 U.S.C. 4101 et seq.); and
                            ``(ii) the Indian Home Improvement Program 
                        of the Bureau of Indian Affairs; and
            ``(3) promote the use of the measures described in 
        paragraph (2) in programs administered by the Secretary of 
        Housing and Urban Development and the Secretary of the 
        Interior, as appropriate.

``SEC. 2608. INDIAN MINERAL DEVELOPMENT REVIEW BY SECRETARY OF THE 
              INTERIOR.

    ``(a) In General.--As soon as practicable after the date of 
enactment of the Native American Energy Development and Self-
Determination Act of 2003, the Secretary of the Interior shall conduct 
and provide to the Secretary a review of all activities being conducted 
under the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et 
seq.) as of that date.
    ``(b) Report.--Not later than 1 year after the date of enactment of 
the Native American Energy Development and Self-Determination Act of 
2003, the Secretary shall submit to the Committee on Resources and the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Indian Affairs and the Committee on Energy and Natural 
Resources of the Senate a report that includes--
            ``(1) the results of the review;
            ``(2) recommendations to ensure that Indian tribes have the 
        opportunity to develop Indian energy resources; and
            ``(3)(A) an analysis of the barriers to the development of 
        energy resources on Indian land (including legal, fiscal, 
        market, and other barriers); and
            ``(B) recommendations for the removal of those barriers.

``SEC. 2609. INDIAN ENERGY STUDY BY SECRETARY OF ENERGY.

    ``(a) In General.--Not later than 2 years after the date of 
enactment of the Native American Energy Development and Self-
Determination Act of 2003, and every 2 years thereafter, the Secretary 
shall submit to the Committees on Energy and Commerce and Resources of 
the House of Representatives and the Committee on Energy and Natural 
Resources and the Committee on Indian Affairs of the Senate a report on 
energy development potential on Indian land.
    ``(b) Requirements.--The report shall--
            ``(1) identify barriers to the development of renewable 
        energy by Indian tribes (including legal, regulatory, fiscal, 
        and market barriers); and
            ``(2) include recommendations for the removal of those 
        barriers.

``SEC. 2610. CONSULTATION WITH INDIAN TRIBES.

    ``In carrying out this title, the Secretary and the Secretary of 
Interior shall, as appropriate and to the maximum extent practicable, 
involve and consult with Indian tribes in a manner that is consistent 
with the Federal trust and the government-to-government relationships 
between Indian tribes and the Federal Government.''.
    (b) Energy Efficiency in Federally-Assisted Housing.--
            (1) Finding.--Congress finds that the Secretary of Housing 
        and Urban Development should promote energy conservation in 
        housing that is located on Indian land and assisted with 
        Federal resources through--
                    (A) the use of energy-efficient technologies and 
                innovations (including the procurement of energy-
                efficient refrigerators and other appliances);
                    (B) the promotion of shared savings contracts; and
                    (C) the use and implementation of such other 
                similar technologies and innovations as the Secretary 
                of Housing and Urban Development considers to be 
                appropriate.
            (2) Amendment.--Section 202(2) of the Native American 
        Housing and Self-Determination Act of 1996 (25 U.S.C. 4132(2)) 
        is amended by inserting ``improvement to achieve greater energy 
        efficiency,'' after ``planning,''.
                                 <all>